46 General Assembly---Ninelenth Session-Annexes

46 General Assembly---Ninelenth Session-Annexes In the Middle East-pressure on the oil-producing countries, world, youth and student organizations, and political parties, (g) Concerted action to blacklist firms which trade w~ith sensitive to pressure at times of election. South Africa and thrive on aparthcid must be planned, Informa- (i) Information services should counter the propaganda of tion must be disseminated to show South Africa's trading the South African Government and the South African Foundarelations with the rest of the world, and, by contrast, the tion should argue the unanswerable case against apartheid and of Ahfrica and Asia wth, the, ret otr the d .so influence public opinion. trading position of Africa and Asia with the rest of the world. (j) These and other activities call for the establishment of a (i) Appeals should be made to Heads of State, the trade permanent body to further the movement for economic sanctions union movements in all countries, the major religions of the and to co-ordinate activity on the international plans. DOCUMENT A/5741* Letter dated 8 October 1964 from the representative of Pakistan to the Secretary- General [Original text: English] [9 October 1964] I have the honour to refer to resolution 1761 (XVII) adopted by the General Assembly of the United Nations on 6 November 1962, and the recommendations made therein to the Member States with regard to the policies of apartheid of the Government of the Republic of South Africa. The former Permanent Representative of Pakistan, in his letter dated 14 October 1963 addressed to the Chairman, Special Committee on the Policies of apartheid of the Government of the Republic of South Africa (A/AC.115/L.9/Add.11), had informed of the measures taken by the Government of Pakistan towards the implementation of the said resolution. I have now been instructed by my Government to inform you further of the measures taken towards the fulfilment of the implementation of this resolution. The Government of Pakistan, on 7 October 1964, issued a notification banning all exports from Pakistan to South Africa with immediate effect. Simultaneously the Ministry of Communications issued instructions to all Pakistan shipping companies to the effect that Pakistani ships shall not enter South African ports. These measures have been taken in compliance with the provisions of General Assembly resolution 1761 (XVII), which, inter alia, called upon Member States to refrain from exporting goods to South Africa and to prohibit their ships from entering South African ports. *Incorporating document A/5741/Corr.l. The General Assembly resolution also called upon Member States to break off diplomatic relations with the Government of the Republic of South Africa; to close their ports to all vessels flying the South African flag; to boycott all South African goods; and to refuse landing and passage facilities to all aircraft belonging to the Government of South Africa and companies registered under the laws of South Africa. The Government of Pakistan has complied with these provisions. Pakistan has never established diplomatic or consular relations with South Africa nor has it any intention of doing so until the South African Government abandons its racist policies. Landing and passage facilities have been refused to South African aircraft and Pakistani ports have been closed to vessels flying the South African flag. Furthermore, import of South African goods into Pakistan and any sale of arms and ammunition or military vehicles to South Africa have been banned. The decision today of the Government of Pakistan to ban exports to South Africa and to prohibit Pakistani vessels from calling at South African ports completes actions by Pakistan to give effect to all the provisions of the said resolution. (Signed) Syed AMJAD ALl Permanent Representative of Pakistan to the United Nations DOCUMENTS A/5825 AND ADD.1** Report of the Special Committee on the Policies of apartheid of the Government of the Republic of South Africa ** Also issued as S/6073 and Add.l. DOCUMENT A/5825 [Original text: English/French] [8 December 1964] CONTENTS Page LETTER OF TRANSMITTAL...... INTRODUCrION ...... 48 Paragraphs Chapter I. REvIEW OF THE WORK OF THE SPECIAL COMMITTEE ...... 18-134 A. Report of 13 September 1963t ...... 18-25 -t Official Records of the General Assembly, Eighteenth Session, Annexes, agenda item 30, documents A/5497 and Add.l.

Annex No. 12 47 CONTENTS (contilmed) B. Consideration of the question by the General Assembly and the Security 26r31 Council, October-December 1963 26-3. C. Consideration of the programme of work of the Special Committee, January1964 p.... o..i ,3-37 D. Consultation with the Group of Experts established in pursuance of the Security Council resolution of 4 December 1963.. 3-40 E. Consideration of the repressive measures against opponents of the policies of apartheid and hearing of petitioners, March 1964 ...... 41-53 F. Report of 23 March 1964 to the General Assembly and the Security C ouncil ...... 54-55 G. Appeal to Member States, organizations and eminent personalities in connexion with the trials and death sentences in the Republic of South A frica ...... 56 60 H. Letter to the Organization of Petroleum Exporting Countries concerning appropriate means of achieving an effective embargo on the supply of petroleum and petroleum products to South Africa ...... 61-63 I. Visit of the delegation of the Special Committee to London to attend the International Conference on Economic Sanctions against South Africa and to hear petitioners 6..0 and tohear etitiners ...... 649 J. Report of 25 May 1964 to the General Assembly and the Security Council ...... 91-94 K. Consideration of the question by the Security Council June 1964... _. 95-98 L. Consideration of the programme of work of the Special Committee, July 1964 ...... 99-102 M. Consideration of repressive measures against opponents of the policies of apartheid in the Republic of South Africa...... 103-114 (a) Detention of Abram Fischer...... 104 (b) Rejection of appeals against death sentences on Vuyisile Mini, Wilsonx Khayinga and Zinakile Mkaba ...... 105-110 (c) Hearing of a petitioner concerning the banning order served on Chief Albert J. Luthuli 11 (d) Execution of Vuyisile Mini, Wilson Khayinga and Zinakile Mkaba 112-114 N. Appeal to Member States concerning relief and assistance to families of persons persecuted by the South African Government for their opposition to the policies of apartheid ....15-120 O. Consideration of papers on the pattern of foreign trade of the Republic of South Africa and foreign investments in that country ...... 121-128 P. Letter to the Secretary-General of the Organization of African Unity... 129 Q. Request to the Secretary-General in connexion with arms shipments to South Africa 130-132 R. Consideration of the present report to the General Assembly and the Security Council ...... 133-134 II. REwvEw oF DEVEOPMRNTS SINCE THE REPORT OF 13 SEIrEMBsE 1963 ...... 135-365 A. Non-compliance with resolutions of the General Assembly and the Security Council and reaffirmation of the policies of apartheid ...... 165-2D7 (a) Non-compliance with resolutions of the General Assembly and the Security Council ...... 165-180 (b) Rebellious attitude and hostility towards the United Nations, and scorn of world public opinion...... 11-189 (c) Reaffirmation of the policies of apartheid ...... 190-195 (d) New propaganda line,...... 196207 B. Pursuit of apartheid ...... - ...... 208-365 (a) The Bantu Laws Amendment Act of 1964 (Act No. 42 of 1964) .. 211-232 (i) M ain provisions of the Act ...... 214-22 (ii) Opposition to the Act ...... 1...... 22-222 (b) Residential segregation and related measures outside the African 223-232 reserves ...... (i) Implementation of the Group Areas Act, No...... 233-258 41, 1950?i 233-247 (ii) Expulsion of Africans from "white" areas ...... 248-256 (iii) Removal of "black spots"...... 257-258 (c) Establishment of councils and committees for non-white racial groups 259- 298 (i) The Coloured Persons Representative Council Act of 1964 (Act No.49of1964) 262-278 (ii) Establishment of a National Indian Council ...... 279-291 (iii) Establishment of urban Bantu councils and boards ...... 292-293 (iv) Establishment of consultative and management committees for the Coloured people and Indians ...... 294-298 (d) Other apartheid measures outside the African reserves ...... 299-339 (i) Apartheid in education 304310 (ii) Apartheid in em ployment ...... 311-319 (iii) A partheid in sports ...... 320-324 (iv) Apartheid in scientific organizations. 325-327 (v) Apartheid in recreational and cultural facilities...... 328-332 (vi) Curtailment of interracial communication...... 333-339 (e) Developments in the Transkei and other African reserves ...... 340-365 (i) Elections to the Transkei Legislative Assembly . '. ... 341-346 (ii) Establishment of the Democratic Party and the Transkei National Independence Party...... 347-353 t Official Records of the Security Council, Eightcenth Year. Supplcnent for October, November and December 1963, document S/5471.

48 General Assembly-Nineteenth Session-Annexes CONTENTS (continued) Cha pter Paragraphs (iii) First session of the Transkei Legislative Assembly...... 354-359 (iv) Developments in other reserves ...... 360-365 C. Danger of violent conflict ...... 366-401 D. Build-up of military and police forces ...... 402-481 (a) Increase in defence and police budget ...... 410-415 (b) Increase in strength of military and police forces ...... 416-428 (c) Civil defence plans ...... 429-433 (d) Defence research ...... 434-438 (e) Manufacture of arms and ammunition in South Africa ...... 439-452 (f) Import of military equipment ...... 453-464 (g) Military co-operation with other countries ...... 465-468 (h) International concern over military build-up in South Africa ...... 469-481 E. International opposition to the policies of apartheid_ ...... 482-528 (a) Actions by Member States ...... 483-487 (b) Protests against apartheid in the specialized agencies and other intergovernmental agencies and conferences ...... 488-514 (i) Food and Agriculture Organization of the United Nations..... 491-493 (ii) International Atomic Energy Agency ...... 494-495 (iii) International Civil Aviation Organization: Africa-Indian Ocean Air Navigation Meeting, November 1964 ...... 496 (iv) International Labour Organisation ...... 497-502 (v) International Telecommunication Union: African Broadcasting Conference. Geneva, October 1964 ...... 503-504 (vi) United Nations Conference on Trade and Development, Geneva, March- June 1964...... 505-507 (vii) Universal Postal Union ...... 508-509 (viii) W orld Health Organization...... 510-514 (c) Non-governmental protests and boycotts ...... 515-528 F. Some economic aspects of the situation in the Republic of South Africa . 529- 573 (a) Recent economic growth in South Africa ...... 531-544 (b) Increase in the foreign trade of the Republic of South Africa ...... 545-558 (c) South African reaction to proposals for economic sanctions ...... 559-573 111. CONCLUSIONS AND RECOMMENDATIONS ...... 574-641 A. Recognition of the threat to international peace and security ...... 591-595 B. Application of economic sanctions ...... 596-617 C, Other measures ...... 618-639 (a) Relief and assistance to the families of all persons persecuted by the Government of the Republic of South Africa for acts resulting from their opposition to the policies of apartheid ...... 618-622 (b) Investigation of treatment of prisoners ...... 623-625 (c) Publicity for United Nations efforts against the policies of apartheid and the informing of world opinion of the dangers of the policies of apartheid ...... 626-637 (d) Enlargement of the Special Committee ...... 638--639 D. Summary of recommendations ...... 640-64 Annexes Page I. Replies received from Member States to the appeal by the Special Committee, dated 23 March 1964. in connexion with the trials and death sentences in the R epublic of South A frica ...... 111 II. List of documents (excluding reports of the Special Committee) circulated between 13 September 1963 and 30 November 1964 11...... 18 III. Direction of imports and exports of the Republic of South Africa ...... 121 Letter of transmittal New York, 30 November 1964 Sir, I have the honour to send you herewith the report adopted unanimously on 30 November 1964 by the Special Committee on the Policies of apartheid of the Government of the Republic of South Africa. This report is submitted to the General Assembly in pursuance of operative paragraph 5, sub-paragraph (b), of General Assembly resolution 1761 (XVII) of 6 November 1962, and of operative paragraph 2 of General Assembly resolution 1978 A (XVIII) of 16 December 1963. Accept, Sir, the assurances of my highest consideration. (Signed) ACUKAR Marof Chairman, Special Co'mmittee on the Policies of apartheid of the Government of the Republic of South Africa His Excellency U Thant, Secretary-General of the United Nations, New York.

Introduction 1. The Special Committee on the Policies of apartheid of the Government of the Republic of South Africa was established by General Assembly resolution 1761 (XVII) of 6 November 1962, with the following terms of reference : "(a) To keep the racial policies of the Government of South Africa under review when the Assembly is not in session; "(b) To report either to the Assembly or to the Security Council or to both, as may be appropriate, from time to time." It is composed of the following eleven members: Algeria, Costa Rica, Ghana, Guinea, Haiti, Hungary, Malaysia, Nepal, Nigeria, Philippines and Somalia. 2. At its first meeting on 2 April 1963, the Special Committee elected Mr. Diallo Telli (Guinea) as Chairman, Mr. Fernando Volio jim~nez (Costa Rica) as Vice-Chairman, and Mr. Matrika Prasad Koirala (Nepal) as Rapporteur. 3. On 10 March 1964, Mr. Koirala resigned his office in view of his departure for Nepal. On 23 March, the Special Committee elected Mr. Ram C. Malhotra (Nepal) as the Rapporteur. 4. Mr. Diallo Telli (Guinea) took leave of the Committee on 30 July 1964 following his election as Administrative Secretary-General of the Organization of African Unity. On 24 September, the Special Committee elected Mr. Achkar Marof (Guinea) as the Chairman. 5. On 5 April 1963, the Special Committee established a Sub-Committee on Petitions composed of the representatives of Algeria, Ghana, Nigeria and the Philippines. Mr. S. H. Okechuku Ibe (Nigeria) was Chairman of the Sub- Committee until 22 January 1964 and was succeeded by Mr. E. C. Anyaoku (Nigeria). The Sub-Committee has submitted thirteen reports since 13 September 1963 (A/AC.115/L.33, L.37, L.40, L.44, L.50, L.66, L.72, L.74, L.76, L.80, L.85, L.95, L.101). 6. The following representatives have served on the Special Committee since 13 September 1963: ALGERIA Representative H.E. Mr. Abdelkader Chanderli (until 28 August 1964) Mr. M. Tewfik Bouattoura Alternate Representatives Mr. Kemal Hacene Mr. Abdelkader Boukhari Mr. Raouf Boudjakdji Mr. Abderrahmane Bensid COSTA RICA Representative H.E. Mr. Fernando Volio Jim~nez Alternate Representative Mr. Jos6 Maria Aguirre GHANA Representative H.E. Mr. Alex Quaison-Sackey Alternate Representatives Mr. Nathan Anang Quao Mr. Emmanuel Yawo Agorsor Annex No. 12 4 Annex o. 1249 Representative H.E. Mr. Matrika (until 10 March H{.E. Mr. Ram C. Prasad Koirala 1964) Malhotra NIGERIA Representative H.E. Chief S.O. Adebo Alternate Representatives Mr. E. C. Anyaoku Mr. S. H. Okechuku Ibe Mr. 0. M. A. Abiola Mr. Mustafa Zubairu PHILIPPINES Representative H.E. Mr. Privado G. Jim~nez Alternate Representative Mr. Hortencio J. Brillantes Adviser Mr. Virgilio C. Nafiagas SOMALIA Representative H.E. Mr. Hassan Nur Elmi Alternate Representatives Mr. Ahmed M. Darman Mr. Abdulkadir Scek Mao 7. By resolution 1978 A (XVIII) of 16 December 1963, the General Assembly noted with appreciation Mr. Kwaku Mensa Akude Mr. Joseph Benjamin Phillips GUINEA Representative H.E. Mr. Diallo Telli (until 30 July 1964) H.E. Mr. Achkar Marof Alternate Representative Mr. Nanamoudou Diakite Mr. MBaye Cheik Omar HAITI Representative H.E. Mr. Carlet R. Auguste Alternate Representatives Mr. Raoul Siclait Mr. Alexandre Verret Mr. Loonard Pierre-Louis HUNGARY Representative H.E. Mr. Kiroly Csatorday Alternate Representatives Mr. Arpid Prandler Mr. J6zsef Horvath MALAYSIA Representative H.E. Mr. Radhakrishna Ramani Alternate Representatives Mr. Peter S. Lai Mr. Zain Azraai bin Zainal Abidin NEPAL

General Assembly-Nineteenth Session-Annexes the reports submitted by the Special Committee in 1963,1 and strengthened its mandate by requesting it "to continue to follow constantly the various aspects of this question and to submit reports to the General Assembly and the Security Council whenever necessarv". The General Assembly requested the SecretaryGeneral to furnish the Special Committee with all the necessary means for the effective accomplishment of its task and invited the specialized agencies and all Member States to give it their assistance and co-operation in the fulfilment of its mandate. 8. In accordance with its terms of reference the Special Committee has submitted two interim reports to the General Assembly and the Security Council since the report of 13 September 1963 submitted to the eighteenth session of the General Assembly. In the first of these reports (A/5692), submitted on 23 March 1964, the Special Committee reviewed the developments since its previous report of 13 September 1963, with special emphasis on the repressive measures against the opponents of the policies of apartheid in the Republic of South Africa. In the second report (A/5707), submitted on 25 May 1964. on the eve of the renewed consideration of the question by the Security Council, the Special Committee reviewed the subsequent developments in the Republic of South Africa and transmitted the report of the delegation of the Special Committee on the International Conference on Economic Sanctions against South Africa, held in London from 14 to 17 April 1964. 9. In its resolution of 18 June 1964,2 the Security Council took note of these reports of the Special Committee with appreciation. 10. On 30 November 1964, the Special Committee decided unanimously to submit the present report on developments since 13 September 1963 to the General Assembly and the Security Council. 11. The report is divided into three parts. The first part contains a review of the work of the Special Committee in pursuance of its mandate under General Assembly resolutions 1761 (XVII) and 1978 (XVIII). The second part is devoted to a review of the main developments relating to the racial policies of the Government of the Republic of South Africa since 13 September 1963. The third part contains the conclusions and recommendations of the Special Committee, with special reference to the means of dissuading the Government of the Republic of South Africa from pursuing its policies of apartheid. 12. The following annexes are attached to the report: AnIC.r I. Replies received from Member States to the appeal by the Special Committee, dated 23 March 1964, in connexion with the trials and death sentences in the Republic of South Africa: Annc.r II. List of documents (excluding reports of the Special Committee) circulated between 13 September 1963 and 30 November 1964, and _nnc.x III. Direction of imports and exports of the Republic of South Africa. 1 First and second interim reports-see Offcil Records of the General Assembly. Eighteenth Session, Annexes, addendum to agenda item 30, document A/5497/Add.1, annex III; report of 13 September 1963-see Officia Records of the General Assembly, Eighteenth Session, Annexes, addendum to agenda item 30, document A/5497. 20fficial Records of the Security Council, Nineteenth Year, Supplement for April, May and June 1964, document S/5773. 13. In view of the great intensification of the repressive measures by the South African Government against the opponents of apartheid during the period under review, a detailed note on the repressive measures has been prepared and attached as an addendum to this report. 14. The Special Committee wishes to record its great appreciation to Mr. Diallo Telli (Guinea) for his invaluable contribution as its Chairman from April 1963 to July 1964 and to Mr. M. P. Koirala (Nepal) for the exemplary performance of his duties as Rapporteur until March 1964. 15. The Special Committee also wishes to express its appreciation to the heads of the various specialized agencies for their co-operation in the fulfilment of its mandate. It also notes with appreciation the assistance rendered by many non- governmental organizations and individuals. 16. The Special Committee wishes to record again its gratitude to the Secretary- General for his unfailing interest in its work. It also wishes to express its appreciation to M5,1r. Vladimir Suslov, Under-Secretary for Political and Security Council Affairs, and Mr. M. A. Vellodi, Director for Political and Security Council Affairs. 17. Finally, it wishes to express its appreciation to Mr. Enuga S. Reddy, the Principal Secretary, and to the other members of the Secretariat assigned to the Committee who have discharged their duties with remarkable efficiency and devotion. Chapter I. Review of the work of the Special Committee A. REPORT OF 13 SEPTEMBER 1963 18. In its report of 13 September 1963,3 submitted to the eighteenth session of the General Assembly, the Special Committee transmitted a detailed review of the situation in the Republic of South Africa which made it clear that the Government of the Republic of South Africa had not only not complied with the General Assembly resolution 1761 (XVII) of 6 November 1962 and the Security Council resolutions of 1 April 19604 and 7 August 1963,- but had taken further measures which aggravated the tension within the country. It stated that the utterly negative reaction of the South African Government made it essential that the General Assembly and the Security Council consider, with no further delay. "possible new measures in accordance with the Charter, which provides for stronger political, diplomatic and economic sanctions, suspension of rights and privileges of the Republic of South Africa as a Member State, and expulsion from the United Nations and its specialized agencies". 19. The Special Committee considered it essential that the General Assembly and the Security Council should: (a) take note of the continued deterioration of the situation in the Republic of South Africa in consequence of the continued imposition of discriminatory and repressive measures by its Government in violation of its obligations under the United Nations Charter, the provisions of the Universal Declaration of Human 3 Official Records of the General Assembly, Eighteenth Session, .-nnxes, addendum to agenda item 30, document A/5497. 4 Official Records of the Security Council, Fifteenth Year, Supplement for April, Moy and June 1960, document S/4300. 5 [bid., Eighteenth Year, Supplement for July, August and September 1963, document S/5386.

Annex No. 12 51 Rights and the resolutions of the General Assembly and the Security Council; (b) affirm that the policies and actions of the Republic of South Africa are incompatible with membership in the United Nations; (c) declare the determination of the Organization to take all requisite measures provided in the Charter to bring to an end the serious danger to the maintenance of international peace and security; and (d) call upon all United Nations organs and agencies and all States to take appropriate steps to dissuade the Republic of South Africa from its present racial policies. 20. The Special Committee further deemed it essential that all Member States be called upon to take requisite measures speedily to implement the relevant provisions of General Assembly resolution 1761 (XVII) of 6 November 1962 and the Security Council resolution of 7 August 1963. It felt that Member States which had taken effective measures in this respect should be commended, and that an urgent invitation should be addressed to all others to take action and report without delay. It felt, moreover, that the General Assembly and the Security Council should express disapproval of the actions of certain States which had taken measures contrary to the provisions of the resolutions of the General Assembly and the Security Council on the policies of aPartheid of the Government of the Republic of South Africa. 21. The Special Committee felt that the States responsible for the administration of territories neighbouring the Republic of South Africa should be called upon to provide asylum and relief to South African nationals who were obliged to seek refuge because of the policies of apartheid and to refrain from any action which may assist the South African authorities in the continued pursuit of their present racial policies. 22. Further, in view of the persecution of thousands of South African nationals for their opposition to the policies of apartheid and the serious hardships faced by their families, the Special Committee considered that the international community, for humanitarian reasons, should provide them with relief and other assistance. It recommended that the Secretary-General should be requested, in consultation with the Special Committee, to find ways and means to provide such relief and assistance through appropriate international agencies. 23. With regard to the request to the Member States by the General Assembly that they refrain from exporting all arms and ammunition to South Africa (resolution 1761 (XVII)). and by the Security Council in its resolution of 7 August 1963 that they cease forthwith the sale and shipment of arms, ammunition of all types and military vehicles to South Africa, the Special Committee submitted the following supplementary recommendations: (a) Member States should be requested not to provide any assistance, directly or indirectly, in the manufacture of arms, ammunition and military vehicles in South Africa, including the supply of strategic materials, provision of technical assistance, or the granting of licences; (b) Member States should be requested to refrain from providing training for South African military personnel: and (c) Member States should be requested to refrain from any form of co-operation with South African military and police forces, 24. The Special Committee further suggested that the General Assembly and the Security Council give consideration to additional measures, including the foIlowing, to dissuade the Government of the Republic of South Africa from its racial policies: (a) recommendation to all international agencies to take all necessary steps to deny economic or technical assistance to the Government of the Republic of South Africa, without precluding, however, humanitarian assistance to the victims of the policies of apartheid, (b) recommendation to Member States to take steps to prohibit or discourage foreign investments in South Africa and loans to the Government of the Republic of South Africa or to South African companies; (c) recommendation to Member States to consider denial of facilities for all ships and aircraft destined to or returning from the Republic of South Africa; (d) recommendation to Member States to take measures to prohibit, or at least discourage, emigration of their nationals to the Republic of South Africa, as immigrants are sought by it to reinforce its policies of apartheid: and (e) study of means to ensure an effective embargo on the supply of arms and ammunition, as well as petroleum. to the Republic of South Africa, including a blockade, if necessary, under aegis of the United Nations, 25. Finally, the Special Committee felt that Member States should be urged to give maximum publicity to the efforts of the United Nations with respect to this question and take effective steps to discourage and counteract propaganda by the Government of the Republic of South Africa, its agencies and various other bodies which seek to justify and defend its policies. B. CONSIDERATION OF THE QUESTION BY TiE GENERAL ASSEMBLY AND THE SECURITY COUNCIL, OCTOBERDECEMBER 1963 26. The reports of the Special Committee were considered by the General Assembly at its eighteenth session and by the Security Council from 27 November to 4 December 1963. 27. On 11 October 1963 the General Assembly, considering reports to the effect that the Government of South Africa was arranging the trial of a large number of political prisoners under arbitrary laws prescribing the death sentence and that such a trial would inevitably lead to a further deterioration of the already explosive situation in South Africa, thereby further disturbing international peace and security, adopted resolution IS I (XVIII) by 106 votes, with South Africa alone voting against. Thie General Assembly recalled its resolution 1761 (XVII) of 6 November 1962 and Security Council resolution of 7 August 1963, which called upon the Government of the Republic of South Africa to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policy of apartheid, and took note of the Special Committee's report which stressed that the harsh repressive measures instituted hy the South African Government frustrate the possibilities for peaceful settlement, increase hostilitv among the racial groups and precipitate violent conflict. The operative part of the resolution read: "1. Condemns the Government of the Republic of South Africa for its failure to comply with the repeated resolutions of the General Assembly and of the Security Council calling for an end to the repression of persons opposing apartheid; "2. Requests the Government of South Africa to abandon the arbitrary trial now in progress and forthwith to grant unconditional release to all political prisoners and to all persons imprisoned, interned or subjected to other restrictions for having opposed the policy of apartheid: "3. Requests all Member States to make all necessary efforts to induce the Government of South Africa to ensure

General Assembly-Nineteenth Session-Annexes that the provisions of paragraph 2 above are put into effect immediately; "4. Requests the Secretary-General to report to the General Assembly and the Security Council, as soon as possible during the eighteenth session, on the implementation of the present resolution." 28. When the Security Council resumed consideration of the question on 27 November 1963, it was clear that the South African Government had not heeded the General Assembly's request in operative paragraph 2 of resolution 1881 (XVIII), despite the efforts made by Member States in accordance with operative paragraph 3 and reported by the Secretary-General in documents A/5614 and Add.1-3.6 It continued with the trials of opponents of the policies of apartheid and other repressive measures against them. 29. On 4 December 1963 the Security Council unanimously adopted a resolution,7 deploring the refusal of the South African Government to comply with its resolution of 7 August 1963 and to accept the repeated recommendations of other United Nations organs, and stating in its operative part: "1. Appeals to all States to comply with the provisions of the Security Council resolution of 7 August 1963; "2. Urqently requests the Government of the Republic of South Africa to cease forthwith its continued imposition of discriminatory and repressive measures which are contrary to the principles and purposes of the Charter and which are in violation of its obligations as a Member of the United Nations and of the provisions of the Universal Declaration of Human Rights; "3. Condemns the non-compliance by the Government of the Republic of South Africa with the appeals contained in the above-mentioned resolutions of the General Assembly and the Security Council; "4. Again calls upon the Government of South Africa to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policy of apartheid; "5. Solemnly calls upon all States to cease forthwith the sale and shipment of equipment and materials for the manufacture and maintenance of arms and ammunition in South Africa; "6. Requests the Secretary-General to establish under his direction and reporting to him a small group of recognized experts to examine methods of resolving the present situation in South Africa through full, peaceful and orderly application of human rights and fundamental freedoms to all inhabitants of the territory as a whole, regardless of race, colour or creed, and to consider what part the United Nations might play in the achievement of that end; "7. Inzites the Government of the Republic of South Africa to avail itself of the assistance of this group in order to bring about such peaceful and orderly transformation; "8. Requests the Secretary-General to continue to keep the situation under observation and to report to the Security Council such new developments as may occur, and in any case not later than 1 June 1964, on the implementation of this resolution." 30. On 16 December 1963 the General Assembly adopted resolution 1978 (XVIII) on the reports of the Special Committee. In the operative part of resolution 1978 A (XVIII), adopted by 100 votes to 2, with one abstention, the General Assembly stated: "I. Appeals to all States to take appropriate measures and intensify their efforts, separately or collectively, with a view to dissuading the Government of the Republic of South 6 Official Records of the General Assembly, Eighteenth Session, Annexes, agenda item 30. 7 Official Records of the Security Council, Eighteenth Year, Supplement for October, November and December 1963, document S/5471. Africa from pursuing its policies of apartheid, and requests them, in particular, to implement fully the Security Council resolution of 4 December 1963; "2, Notes with appreciation the reports of the Special Committee on the Policies of apartheid of the Government of the Republic of South Africa, and requests it to continue to follow constantly the various aspects of this question and to submit reports to the General Assembly and to the Security Council whenever necessary; "3. Requests the Secretary-General to furnish the Special Committee with all the necessary means for the effective accomplishment of its task; "4. Invites the specialized agencies and all Member States to give to the Special Committee their assistance and cooperation in the fulfilment of its mandate." 31. In resolution 1978 B (XVIII), adopted by 99 votes to 2 (Portugal and South Africa), with no abstentions, the General Assembly took note that the Special Committee had drawn attention in its report to the serious hardships faced by the families of persons persecuted by the South African Government for their opposition to the policies of apartheid and had recommended that the international community for humanitarian reasons provide them with relief and other assistance, Considering that such assistance was consonant with the purposes and principles of the United Nations, the General Assembly requested the SecretaryGeneral to seek ways and means of providing relief and assistance, through the appropriate international agencies, to the families of all persons persecuted by the Government of the Republic of South Africa for their opposition to the policies of apartheid; invited Member States and organizations to contribute generously to such relief and assistance; and invited the SecretaryGeneral to report to the General Assembly at its nineteenth session on the implementation of the resolution. C. CONSIDERATION OF THE PROGRAMME OF WORK OF THE SPECIAL COMMITTEE, JANUARY 1964 32. At its meeting on 9 January 1964, the Special Committee considered its programme of work in the light of General Assembly resolutions 1881 (XVIII) of 11 October 1963 and 1978 (XVIII) of 16 December 1963, and Security Council resolution S/5471 of 4 December 1963. 33. The Committee noted with satisfaction that its reports had been noted with appreciation by the General Assembly, the Security Council and the Member States and that its work had contributed to the adoption of the resolutions by the two principal organs on the question of the policies of apartheid of the Government of the Republic of South Africa, The situation in the Republic of South Africa, however, continued to deteriorate daily as evidenced by the brutal repression against all those who opposed the policy of apartheid and the contempt shown by the South African Government for the decisions of the competent organs of the United Nations. In considering its programme of work, therefore, the Special Committee took into account the increasing seriousness of the situation, as well as the strengthening of the Committee's mandate. 34. Members of the Special Committee felt that the Special Committee should co- operate, as appropriate, with the group of experts appointed by the SecretaryGeneral pursuant to Security Council resolution S/5471. While hoping that the efforts of the Secretary-General and the group of experts would be successful, the Committee considered it essential that the United Nations and the international community should be prepared to exercise ever-increasing pressure on the South African Government, along the lines of the resolutions of the General Assembly and the Security Council, for the purpose of persuading it to abandon its racial policies. 35. The Special Committee, therefore, requested the Secretary-General to arrange for the preparation of detailed studies, in the light of the decisions of the General Assembly and the Security Council and the recommendations in the report of the Special Committee, on (a) the direction and composition of the foreign trade of South Africa, with special reference to trade in petroleum and other strategic materials ; and (b) the sources and distribution of foreign investments in South Africa. In response to the request, the Secretariat submitted documents A/AC.115/L.55 and L.56; see also documents A/AC.115/L.55/Add.1 and Add.1/Corr.1 and 2, and L.56/Rev.1. 36. At the same meeting the Special Committee, through the Secretary-General, addressed an invitation to the specialized agencies inviting their assistance and co-operation in accordance with General Assembly resolution 1978 A (XVIII) and suggesting that it would be useful if the agencies could appoint representatives to discuss the possibilities of co-operation and to attend the meetings of the Committee as observers (see A/ AC.115/L.49 and Add.l-3). 37. The replies from the heads of the specialized agencies offering their assistance and co-operation were communicated to the Committee. The Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization, International Labour Office and the International Atomic Energy Agency appointed .bservers to attend meetings of the Special Committee (ibid.). D. CONSULTATION WITH THE GROUP OF EXPERTS ESTABLISHED IN PURSUANCE OF THE SECURITY COUNCIL RESOLUTION OF 4 DECEMBER 1963 38. In pursuance of operative paragraph 6 of the Security Council resolution of 4 December 1963. the Secretary-General established a Group of Experts composed of Mrs. Alva Myrdal (Chairman); Sir Edward Asafu Adjaye: MXlr. Josip Djerdja (Mr. Djerdja resigned from the group in March 1964); Sir Hugh Foot and Mr. Dey Ould Sidi Baba. 39. Officers and members of the Special Committee kept in contact with the Group of Experts during the period of its existence. 40. On 9 March 1964, the Special Committee held a meeting with the Group of Experts, and issued a communique in which it stated: "An exchange of views on the terms of reference of the expert group under the Security Council resolution of 4 December 1963 reflected general agreement on the respective roles of the two bodies in the pursuit of the objectives of the United Nations. "The exchange of views between the members of the Special Committee and the Expert Group took place in an atmosphere of frank cordiality. "It was agreed that the Special Committee and the Expert Group should continue close contacts with each other in the discharge of their respective mandates." (See United Nations Press Release GA/AP/18 of 9 March 1964). No. 12 53 E. CONSIDERATION OF THE REPRESSIVE MEASURES AGAINST OPPONENTS OF THE POLICIES OF apartheid AND HEARING OF PETITIONERS, MARCH 1964 41. When the Special Committee reconvened on 9 March 1964, it was obliged to devote its attention principally to the question of repressive measures launched against opponents of the policies of apartheid in the Republic of South Africa, despite the resolutions of the General Assembly and the Security Council. It considered a report by the Rapporteur on these repressive measures& and took note of a number of communications received by the Committee, particularly in connexion with the Rivonia trial of Nelson Mandela, Walter Sisulu and other leaders, and the death sentences passed on several leaders of the African National Congress in Port Elizabeth. 42. The Special Committee also heard the following petitioners: Miss Miriam Makeba, South African singer, at the twenty-sixth meeting on 9 March 1964; Miss Marv Benson, author of African Patriots9 and other book's, at the twenty- eighth meeting on 11 March 1964; and Mr. Oliver Tambo, Deputy President of the African National Congress of South Africa, and Mr. Tennyson Makiwane, member of its national executive, at the twenty-ninth meeting on 12 March 1964. 43. The petitioners referred to the trials of South African leaders then under way, the mistreatment of numerous detainees and the hardships endured by their families. They appealed for urgent action by the international community to save the lives of persons involved in the trials, particularly of the defendants in the Rivonia trial, and to secure the liberation of all persons imprisoned, interned or subjected to other restrictions for their opposition to the policies of apartheid. 44. Appealing to the Special Committee for quick and concrete action, Miss Makeba stated that the people of South Africa had sought their basic human rights by every possible means, facing bans, banishment, gaol and even death. But instead of improving, their situation grew worse day by day. Whenever United Nations organs adopted resolutions, the hopes of the people were aroused, only to be disappointed when the resolutions were ignored and defied by the South African Government. The Special Committee should ensure that false hopes were not raised again and that the South African Government was forced to cease the humiliation and persecution of the South African people. 45. Miss Makeba added that there was already too much hate in South Africa and that it would overflow if the world kept silent while the Government proceeded along its brutal course. She appealed to the Committee, and through it to all the countries of the world, to do everything possible to save the lives of the South African leaders, empty the prisons of those unjustly imprisoned, and help the people to win their right to human dignity. 46. Miss Mary Benson spoke of a number of men and women in South Africa who were on trial under laws providing for death sentences, particularly the defendants in the Rivonia trial, who were known to her personally. She emphasized that it was profoundly important to South Africa, to the African continent, and to the world at large that leaders like Nelson 8 Official Records of the General Assembly, Eighteenth Session, Anno.xes, agenda item 30, documents A/5614 and Add.1-3. 9 London, Faber and Faber, 1962.

54 General Assembly-Nineteenth Session-Annexes Mandela, Walter Sisulu, Lionel Bernstein, Ahmed Kathrada and Govan Mbeki must not be allowed to die. 47. Speaking of the plight of families of persons persecuted by the South African Government for their opposition to the policies of apartheid, Miss Benson emphasized the urgent need to implement General Assembly resolution 1978 B (XVIII I on relief and other assistance for these families so that the anguish of the South Africans concerned may be alleviated even a little. There were organizations in South Africa and London which could distribute funds, hit their resources had become ever more inadequate in the face of the growing needs. 48. Finally, Miss Benson referred to the misery and uncertainty faced by the African poitulation arainst the background of a fantastic wave of prosperity for white South Africa, with increasing investment especially from the United Kingdom and the United States. According to the South Africa Foundation, the average dividend in South Africa was 12.6 per cent compared with 6.6 per cent in Western Europe, while United States companies were earning profits of up to 27 per cent on capital invested in South Africa. That was "interest on the edge of a volcano," to quote the editor of the Investor's Chronicle, London. The massive foreign investment in South Africa, in her view, was the major obstacle to efforts to bring about change in that country. Miss Benson concluded that economic sanctions were surely the obvious civilized form of action as diplomatic pressures had long ago failed to make any impact on the South African Government. 49. Mr. Oliver Tambo, deputy president of the African National Congress, stated that, claiming to act in the name of "Christian" civilization and "Western" democracy, the South African Government was tirelessly persecuting the African people and other opponents of its policies. This persecution was encouraged by foreign investments which had continued to pour into the country. White immigrants, mainly from the United Kingdom, had recently been entering South Africa in large numbers to share in the exploitation of African labour. 50. If South Africa was enjoying an economic boom, that was doubtless partly due to a sense of security induced by the arms supplied to the South African Government by its friends, as well as by the imprisonment of the leaders of the liberation movement. It was hardly necessary to point out that the supposed stability was unreal. It was pertinent, however to ask who bore the greater guilt- those who enforced racialist policies, or those who furnished the capital technical knowledge and manpower for the carrying out of those policies. 51. Mr. Tambo said that his organization felt that the Special Committee, in seeking modes of action against apartheid. should consider means whcieby such accomplices could be made to reconcile their public protestations with their deeds. For it was dangerous to continue pretending that the joint condemnation of apartheid by its opponents and its supporters would dislodge a system which drew its resources from a combination of economic power, military strength and the unbridled use of brute force. The fact that respected leaders of the South African people now stood in danger of losing their lives, he said, added to the importance of identifying those who gave to the South African Government the financial and material encouragement it needed for the continuing of its policies and practices. 52. Referring to the Bantu Laws Amendment Bill then before the South African Parliament, Mr. Tambo stated that in one of its key clauses it established a network of so-called "Aid Centres" which were in fact slave-labour detention camps, designed to entrap all Africans outside the bantustan areas and distribute them as black labour to white masters and farmers throughout the country. The practice of catching Africans in the streets and selling them to white farmers, which had been outlawed by the courts some years previously, was being legalized under the Bill which made of the African merely a chattel. 53. Mr. Makiwane, member of the National Executive of the African National Congress, recalled that in July 1963 his organization's delegation had drawn the attention of the Special Committee to the prominent role played by certain countries-notably the United Kingdom, the United States, Belgium, France and the Federal Republic of Germany-which were supplying oil to the machinery of apartheid by their close economic collaboration with South Africa. He said that immigrants from the United Kingdom and other countries were employed for work which could equally well be done hby Africans. F. REPORT OF 23 VMARCI 1964 TO THE GENERAL ASSEMBLY AND THE SECURITY COUNCIL 54. On 23 March 1964, the Special Committee unanimously adopted an urgent report to the General Assembly (A/5692) and the Security Council (S/ 5621 ) drawing attention to the grave new developments in the Republic of South Africa, in particular the death sentences already pronounced and the menace of death sentences to and execution of political prisoners opposed to apartheid. It expressed its conviction that positive and dynamic action by the principal organs was essential to avert a violent conflict in South Africa "which might have serious international consequences and which it is the duty of the United Nations to prevent by employing all the means available to it under the Charter". 55. The Special Committee stated, inter alia: "13. While continuing to review the situation in South Africa and constantly seeking an adequate solution, the Special Committee has reached the conclusion that it is indispensable to make an urgent report to the Security Council and the General Assembly in view of grave new developments in the Republic of South Africa, namely, that some political prisoners opposed to apartheid have just received death sentences, others are threatened with the same penalty, and all of them risk being hanged. "14. The Special Committee, being convinced that effective mandatory measures must be taken urgently to meet this grave situation and to prevent irrevocable consequences, recommends, as a first step, that the Security Council should demand that the South African Government should: "(a) Refrain from the execution of persons sentenced to death under arbitrary laws providing the death sentence for offences arising from opposition to the Government's racial policies: "(b) End immediately trials now proceeding under these arbitrary laws and grant an amnesty to all political prisoners whose only crime is their opposition to the Government's racial policies; "(c) Desist immediately from taking further discriminatory measures; "(d) Refrain from all other actions likely to aggravate the present situation.

Annex No. 12 55 "15. The Special Committee recommends that, unless the "The United Nations General Assembly has entrusted the South African Government complies within a brief time- Special Committee on the Policies of apartheid of the Govlimit with the aforementioned minimum, but vital, demands, ernment of the Republic of South Africa with the task the Security Council, in conformity with the terms of of keeping the various aspects of the South African GovernChapter VII of the Charter and on the basis of the recom- ment's racial policies under constant review. The latest demendations of the General Assembly and the Special Coin- velopmcnts in South Africa are causing grave concern to mittee, should take new mandatory steps to compel the South the Special Committee, which has pointed out, in the report African Government to comply with the decisions of the of 23 March 1964 to the General Assembly and the Security Council. Council, that the intensification of racial discrimination and "16. The Special Committee considers it essential that the brutal repressive measures being taken against individuals the Security Council should set a time-limit for the South and organizations opposed to the policy of apartheid are African Government to take necessary steps to prevent the creating a situation which becomes more explosive with each situation from becoming disastrous. The Council would, in passing day and will, if it continues, inevitably have serious this way, be making clear its determination to secure com- international repercussions. pliance, by effective international measures, with that Gov- "The Special Committee is concerned, in the first inernment's obligations under the resolutions of the Council stance, with the trials of hundreds of persons, including and the Charter of the United Nations. many prominent leaders of the movement for racial equality, "17. The Special Committee further recommends that the which are now under way. These trials, conducted under Security Council should specially request all the main States arbitrary laws which violate the fundamental principles of which maintain close relations with the South African Gov- universal justice and human rights and which prescribe the ernment, and thus bear an important responsibility in this death penalty for acts of resistance to the policy of apartheid, connexion, to do all in their power, separately and collec- are continuing despite the unanimous appeals of both the tively. to oblige the South African Government immediately General Assembly and the Security Council, for their abanto comply with the minimum, but vital, demands contained donment and for the liberation of all persons imprisoned, in paragraph 14 above, interned or subjected to other restrictions for having op"18. The Special Committee reaffirms that the willingness posed the policy of apartheid. These trials have already of the major trading partners of South Africa, and of other resulted in the passing of death sentences on three prominent States which maintain close political and economic relations leaders opposed to the policy of apartheid and may well with that country, to implement fully the measures recom- do irreparable harm to the efforts of the United Nations mended by the General Assembly and the Security Council to find a peaceful solution to the situation in South Africa. is the most effective means to dissuade the South African "The Special Committee has therefore decided to address Government from pursuing its policies of apartheid. It is an urgent appeal to you to exert all your influence to induce essential that these Powers should urgently use all their the Government of South Africa: influence to save the lives of persons facing death in South Africa for their opposition to apartheid, to secure an amnesty "(1) To refrain from executing the condemned political in conformity with the decisions of the General Assembly leaders and to spare the lives of the persons threatened with and the Security Council, and to induce the South African the death penalty in South Africa; Government to fulfil its international obligations with a view "(2) To put an end to the tortures and the various to resolving peacefully the present grave situation in the humiliations inflicted on the opponents of apartheid in South Republic of South Africa. Africa; "19. Finally, the Special Committee wishes to emphasize "(3) To liberate the political prisoners whose only crime again the extreme gravity of the situation in South Africa is their opposition to the South African Government's policy and the imperative need for effective action in order to of apartheid; prevent a catastrophe in that country. Such action offers the only hope of a peaceful solution to the situation, which "(4) To abandon its policy of apartheid, which is contrary is deteriorating daily. The Special Committee believes that to the United Nations Charter and the Universal Declaration mandatory measures are essential to prevent irrevocable of Human Rights. consequences and to strengthen the efforts of the United "We have the honour to send you herewith for your inforNations to achieve its objectives, which are to bring about mation the report of the Special Committee of 23 March the abandonment of the policies of apartheid and to ensure 1964. in which the Committee gives an account of recent the full enjoyment of human rights and fundamental freedoms developments and makes recommendations for appropriate by all the inhabitants of South Africa. international action." "20. The Special Committee feels that the Security Coun- 7. Pursuant to the decision of the Special Commitcil, as a principal organ of the United Nations endowed with p effective enforcement powers under the Charter, should as- tee, the officers addressed this appeal to the Heads of sume its decisive responsibilities in connexion with the situa- State or Government of Member States, through the tion in South Africa. The Special Committee is convinced Permanent Missions to the United Nations, and to a that positive and dynamic action by the Security Council number of other eminent personalities and organizations. is essential to prevent a violent conflict in South Africa, 58. The Special Committee notes that a large number which might have serious international consequences and which the United Nations is in duty bound to prevent by of Member States have taken action in response to this every means available to it under the Charter." appeal. The Special Committee also received communications from several Mlember States reaffirming G. APPEAL TO MEMIBF-R STATES, ORGANIZATIONS AND their firm opposition to apartheid and informing the ENIINENT PERSONALITIES IN CONNEXION WITH THE Special Committee of action either already taken or TRIALS AND DEATH SENTENCES IN THE REPUT'LIC proposed to be taken by them in response to its appeal. OF SOUTH AFRICA The substantive parts of these communications are 56. At the 31st meeting on 23 March 1964, the reproduced in Annex 1. Special Committee approved the following appeal 59. In connexion with the efforts of the Special (A/AC.115/L.70) to be addressed by the officers of Committee with regard to the trials and death sentences the Committee to Member States, organizations and in South Africa, it may be noted that the African Group eminent personalities in connexion with the trials of at the United Nations, at a meeting on 25 March 1964, persons opposed to the policies of apartheid in the heard a statement on this matter by the Chairman of the Republic of South Africa and the passing of death Special Committee and issued the following cornsentences: muniqu6:

General Assembly-Nineteenth Session-Annexes "The African group had an urgent meeting today in which it heard the Chairman of the Special Committee on apartheid, Ambassador Diallo Telli of Guinea. "Ambassador Diallo Telli reported on the explosive situation which has developed in South Africa following numerous trials of South African Nationalists, resulting in death sentences. "The African group wishes to express its profound indignation against this savage repression of the South African patriots which threatens to plunge South Africa and the entire Continent into a bloody conflict. "The African group stresses that in these trials and death sentences it is in fact all the African States that are being tried by the racist government of South Africa. "The group regards this as a challenge directed to the whole African Continent and accepts the challenge. "The African group condemns the South African Government for its pursuit and intensification of its policy of apartheid. The group further insists for the immediate abandoning of the make-believe trials, the security for the South African leaders and the liberation of all the persons arrested, detained or submitted to other restrictions for having opposed apartheid." 60. Moreover, on 27 March 1964, the SecretaryGeneral took note of the recommendations of the Special Committee and made an urgent and earnest appeal to the South African Government "to spare the lives of those facing execution or death sentences for acts arising from their opposition to the Government's racial policies, so as to prevent an aggravation of the situation and to facilitate peaceful efforts to resolve the situation". H. LETTER TO THE ORGANIZATION OF PETROLEUM EXPORTING COUNTRIES CONCERNING APPROPRIATE MEANS OF ACHIEVING AN EFFECTIVE EMBARGO ON THE SUPPLY OF PETROLEUM AND PETROLEUM PRODUCTS TO SOUTH AFRICA 61. In connexion with its conclusion that effective action should be taken to secure speedy compliance by the South African Government with certain minimum demands, the Special Committee recalled the provisions of General Assembly resoultion 1899 (XVIII) of 13 November 1963 under which all States were urged "to refrain . . . from supplying in any manner or form any petroleum or petroleum products to South Africa". It decided to request the Organization of Petroleum Exporting Countries (OPEC) for its observations on the appropriate means of achieving an effective embargo on the supply of petroleum and petroleum products to South Africa (see A/AC.115/SR.28 and SR.31). 62. Accordingly, on 23 March 1964, the Chairman sent the following letter to the Secretary-General of OPEC. "The Special Committee of the Policies of apartheid of the Government of the Republic of South Africa, which was established under General Assembly Resolution 1761 (XVII) of 6 November 1962, is seeking ways and means of inducing the Government of South Africa to abandon its racial policy of apartheid. It is convinced that effective international action is essential in order to eliminate the explosive situation in South Africa, which, if it continues, will have increasingly serious international consequences. "In this connexion, the Special Committee has recommended study of means of ensuring an effective embargo on the supply of petroleum to the Republic of South Africa, including, if necessary, a blockade under the auspices of the United Nations. "The Special Committee notes that some of the principal petroleum-exporting countries belonging to OPEC have already prohibited the export of petroleum and petroleum products to the Republic of South Africa, while others have informed the General Assembly that they are prepared to take part in applying such measures if they are carried out by all the principal petroleumn-exporting countries. "The Special Committee also notes that in resolution 1899 (XVIII) of 13 November 1963 on the question of South West Africa, the General Assembly urged all Member States to refrain from supplying in any manner or form any petroleum or petroleum products to South Africa. "In view of the foregoing and of the urgent need for effective action to deal with the explosive situation in South Africa, the Special Committee has asked me to request you to inform the Committee of OPEC's observations on the appropriate means of achieving an effective embargo on the supply of petroleum and petroleum products to South Africa. "I shall be grateful for any information or comments which OPEC can offer the Special Committee in this connexion." 63. In a reply dated 13 April 1964, the SecretaryGeneral of OPEC stated that the important subject raised in the letter had been discussed at a session of that Organization's Board of Governors which decided that the matter should be discussed by each country's representative with his Government. Copies of the letter had been forwarded to the Governments of Member Countries with the request that their views and comments should be communicated to the Secretariat as soon as possible. I. VISIT OF THE DELEGATION OF THE SPECIAL COMMITTEE TO LONDON TO ATTEND THE IN"LF',;TONAL CONFERENCE ON ECONOMIC SANCTIONS AG\IN0T SOUTH AFRICA AND TO HEAR PETITIONERS 64. On 3 April 1964, the Special Committee decided to send a delegation, consisting of its officers and members of its Sub-Committee on Petitions, to attend as observers the International Conference on Economic Sanctions against South Africa, held in London from 14 to 17 April.'0 The delegation was authorized to hear petitioners during its visit to London. 65. On its return, the delegation submitted a review of the International Conference which the Special Committee transmitted to the General Assembly and the Security Council as annex TI to its report of 25 May 1964 (see A/5707). The delegation noted: ".. after a study and discussion of papers by well-known experts on the various aspects of the question of economic sanctions against South Africa, the Conference reached the conclusion that the situation in South Africa constituted a grave threat to international peace and security. It considered that the Security Council should define this situation as a threat to the peace in terms of Article 39 of the Charter so that mandatory action could be taken under the auspices of the United Nations. "The Conference noted that as all efforts towards moral suasion had failed over many years, the only effective means, short of military action, to change the situation in South Africa was the imposition of total economic sanctions. "The Conference came to the conclusion that total economic sanctions were politically timely, economically feasible and legally appropriate. To be effective, economic sanctions should be total and universally applied, and must have the participation of the main trading partners of South Africa. "These conclusions, in the view of the delegation of the Special Committee, deserve serious consideration by the competent organs of the United Nations." 10 The delegation consisted of the following: Chairman: Mr. Diallo Telli (Guinea); Rapporteur: Mr. Ram C. Malhotra (Nepal) ; Chairman of the Sub- Committee: Mr. E. C. Anyaok (Nigeria); Members of tle Sub-Comnittee: Mr. Joseph B. Phillips (Ghana)), Mr. Virgilio Nafiagas (Philippines); Mr. Salim Keramane (Algeria) also participated in the hearings. Mr. Fernando Volio Jim~nez (Costa Rica), Vice-Chairmal, was unable to accompany the delegation.

66. The delegation of the Special Committee also heard a number of petitioners during its visit to London, including representatives of South African organizations opposed to the policies of apartheid and others who could provide it with useful information on the situation in South Africa. The hearings of the Committee and the memoranda received by it (see A/AC.115/L.65) emphasized: (a) the urgent need for effective action to save the lives of prisoners under trial for their opposition to the policies of apartheid and to avert the present disastrous course in the country; (b) the need for early imposition of economic sanctions against South Africa as the only peaceful means available to the international community: and (c the great responsibility which rests on the few countries which have the closest relations with the Government of the Republic of South Africa, particularly the United Kingdom and the United States of America. 67. Mrs. Barbara Castle, Member of Parliament and Honorary President of the Anti-apartheid Movement. stated that the Movement was very broadly based and non-partisan and had contributed significantly to the growing realization in the United Kingdom of the implications and dangers of apartheid. The Antiapartheid Movement was carrying on a campaign for a total arms boycott of South Africa, and felt that the United Kingdom Government's undertaking not to send any more weapons that could be used exclusively for the suppression of the South African population did not go far enough. It felt that the time had come for more effective action to be taken on the South African issue, and had sponsored studies of economic sanctions against South Africa. It was one of the sponsors of the International Conference on Economic Sanctions. 68. Mrs. Castle added that the Anti-apartheid Movement recognized that the United Kingdom had a special role in relation to South Africa because of the imnortance of its trade with and size of investment in South Africa. While the Movement did not underestimate the difficulties of applying effective economic sanctions, it believed that the alternative was a drift to greater violence and a greater threat to peace. Economic sanctions were, therefore, in the best interest of the United Kingdom, as well as the people of South Africa and of international peace. 69. Canon L. Tohn Collins, Chairman of Defence and Aid Fund, Christian Action. London. stated that his organization was concerned with the political struggle for freedom in South Africa and had always felt it vital and necessary to give support, without any discrimination whatsoever, to those who were fighting for their freedom. 70. Speaking of the past activities of the Defence and Aid fund, he stated that it had raised funds in the United Kingdom for legal defence in the treason trial of 1956; for the supply of inadequate but at least minimum subsistence for the families of the accused: for the care of the victims of the Sharpeville incident and for support to the activities of the South African Defence and Aid Fund. But the time of ease for raising enough money, certainly as far as the United Kingdom was concerned. had passed, and it was almost impossible to raise money in South Africa itself, because of the political implications for those who gave money. The Defence and Aid Fund was, therefore, faced at the most critical time with less money available. 57 71. Canon Collins felt that it was absolutely vital that General Assembly resolution 1978 B (XVIII) should be implemented as widely as possible throughout the world to enable the Defence and Aid Fund to meet a vast need. He said that the need was too great for a level of voluntary giving which had hitherto been relied upon; the very minimum for the most important trials under way was £245,000 for defence, and at least another £50,000 for aid to dependants. 72. Canon Collins said that the persistent attempt to remove the leadership of all sensible resistance to apartheid and to block all efforts towards political freedom was an offence against the international conscience and made it inevitable that people who had for years been concerned with non-violent resistance found that they must turn to other methods. 73. Mr. Barney Desai, President of the Coloured People's Congress of South Africa, stated that, since its coming into being ten years previously, the Coloured People's Congress had been the most active and articulate political body expressing the utter revulsion of the Clonureds to the concept and practice of apartheid and the rejection of efforts to consign them to the status of docile "appendages of the white people". Because the Coloureds called for the oneness of South Africa and its people, and rejected apartness which was the very antithesis of their existence as a people having been descended from Bushmen, Hottentots, Whites, Africans and Indians, and because they had been committed actively to resist the domination of one race by another they had very logically joined the dynamic alliance of the African ational Congress, the South Indian Congress, the Congress of Democrats and the South African Congress of Trade Unions. 74. Mr. Desai emphasized that the Coloured people did not desire any special privileges as a people and that their demand had been for full equality in their country and full participation in the government of their land. He referred to the Coloured Representative Council Bill, then before Parliament, and described it as an even greater fraud than the Transkei Constitution Act. 75. Mr. Desai appealed to the Special Committee for strong and decisive action against the Republic of South Africa. He said that his organization was convinced that so long as the United Nations resolutions on sanctions were not mandatory on every member of the world body, no impression would be made on the oppressors of non-white people of South Africa. His organization believed that, in addition, an embargo of strategic materials, enforced by a naval blockade, should be urgently considered by the Security Council. 76. Mrs Ruth First, a South African journalist and writer, who had recently been released from a long period of detention without trial, spoke mainly about the plight of political prisoners in South Africa. She said in part: "South Africa today lives in what amounts to a permanent state of emergency, because increasingly over the years the legislation has been a reflection of the growth of political lawlessness on the part of the Government. Certain basic provisions of the rule of law, for example habeas corpus provisions of our law, have been suspended. permanently, not for any state of emergency which is due to last only a specific period of time, but permanently. Men who appear before courts for political crimes and are sentenced to periods of imprisonment cannot serve their period A ?V_ I

58 General Assembly-Nineteenth Session-Annexes of imprisonment and hope to emerge at the end of that period free men having paid their debt to whatever society South Africa is offering today. The political prisoners are incarcerated for all time. While this growth of political lawlessness has been a constant process and has been going on over many years, a turning point was reached with the passing of the General Law Amendment Act, for it is clause 17 of this Act which provides for ninety-day detention in South Africa. This was a turning point in the sense that it is no longer now so hit and miss, the tactic of the Government is to lock up for all time the political prisoners. It is becoming a daily affair and the conventional method of procedure." 77. She spoke of the torture in South African prisons-"a torture which does not leave scars, which does not leave bruises that can be shown to a court of law", and to the psychological torture of detaining men and women incommunicado in solitary confinement for periods of indefinite duration to force them to give information on political movements and on other political workers. She herself had been detained and asked to disclose the whereabouts of her father, who was in hiding at the time. She was asked to indicate why her husband had found it necessary to leave the country. Her brother, who had never been interested in political affairs, had been detained for three weeks, as reprisal for the inability of the political police to arrest her father. 78. Mrs. First said that the outcome of the Rivonia trial, taking it at its blackest, could precipitate a period of the most desperate racial clash in South Africa and could put an end to any hopes of solution. She appealed to the United Nations for speedy action to save the lives of the political prisoners and to induce the South African Government to abandon its policies of apartheid. The South African Government, she said, judged its chances of survival not by the resolutions of the United Nations but by its trading partners, its import and export figures and its profits, and believed that the United Kingdom and the United States, in particular, would not act against apartheid. She suggested that the most peaceful and the least damaging method of action would be mandatory sanctions enforced by a naval blockade. 79. The Right Rev. J. Joost de Blank, former Anglican Archbishop of Cape Town and now Canon of Westminster Abbey, London, stated that the weight of Christian and other religious opinion was opposed to the policies of apartheid. Members of the Dutch Reformed Churches of South Africa, which represented most of the Afrikaans-speaking people of South Africa and which had no contact or fellowship on that basis with the Netherlands churches, were, however, in general in support of the South African Government's racial policy. Speaking as a Christian, he said, he found that an impossible attitude to adopt. 80. He drew the delegation's attention to the role of the Broederbond (the Brotherhood), a secret society which had been closely intertwined with members of the South African Government and with the centres of power in the Republic of South Africa. 81. He said that a great part of the white population of South Africa favoured racial discrimination, and that it would be grossly unfair to separate those who were for apartheid and those who were against apartheid as being those who were Afrikaaners and those who were British by race and origin. The main Government party and the main opposition party were opposed to the creation of a truly multiracial society. There was, however, a significant group of Whites who were liberal in their outlook and efforts, including many professional men and women's associations, such as the "Black Sash", who were striving very hard to bring an end to the present injustice and to sow the seeds for a better nation where co- operation would replace differentiation and discrimination in the future. He stated that although the smallness of the group could not be denied, its power and its potentiality were much greater than many people were prepared to acknowledge in South Africa. 82. In conclusion, Dr. Joost de Blank said that unless the apartheid legislation could be brought to an end within the foreseeable future, no one could expect anything but bloody violence in South Africa. 83. Speaking on behalf of six members of the Committee of the Afro-Asian- Caribbean organizations, London, who had been on a hunger strike from 9 to 15 April 1964 in the courtyard of the church of St. Martinin-the-Fields, Trafalgar Square, London, in protest against the trials and repression in South Africa, Mr. Manchanda said that the South African Government maintained one of the most oppressive regimes in the world and threatened the lives of the outstanding leaders of the South African people like Nelson Mandela, Water Sisulu, Lionel Bernstein, Ahmed Kathrada and Denis Goldberg. The people of South Africa were left with no choice but to resort to armed resistance against the brutal violence of the Government. The organizations he represented believed that while South Africa should be isolated in world public opinion, diplomatically and economically, it was also important that the great Powers which gave sustenance and perpetuated the racist r6gioe in South Africa, particularly the United States of America and the United Kingdom, should also be put in the dock and should also face public opinion. 84. Thabo Mbeki, son of Govan Mbeki, one of the accused in the Rivonia trial, said that for decades his father, together with the rest of the African people, had appealed to the white Governments of South Africa, not for the exaltation of the African people to a position of dominance over the white, but for equality among the peoples. The only reward they had earned was the brutal might of South African law which had sought to bend human reason and feeling to the barbarity of madmen. He said that the defendants in the Rivonia trial were men of the greatest integrity who would grace any Government in which they served. Noting that they were accused of treason and of plotting to overthrow the Government by violent means, Mbeki said that they had acted in defence of people that the Government had sought to silence and subjugate with a whip and instruments of war. The fact was inescapable that the trial was not only their trial as individuals, but a trial of all that they had stood for, which was not war but peace among free and equal men. Mbeki concluded by appealing to the Special Committee and to the entire world not to allow the leaders at the Rivonia trial to die at the hands of the South African Government. 85. Yusuf M. Dadoo, representative of the South African Indian Congress, stated that the Indian community comprised almost 600,000 persons who lived in South Africa, had made it their home, and were Africans in every sense of the word. The Indian people had asked for no special privileges and had thrown in their lot

Annex No. 12 59 completely with the African people and with the other oppressed people in the struggle for human rights, justice and liberty. Mr. Dadoo said that the Indian people were confronted with genocide. The Group Areas Act, enacted in 1950, affected them particularly as the African people had already been segregated into separate areas and robbed of their land. The Indian people were being driven into ghettos far from the cities where they had been living, and were being cut off completely from the econonic and social life of the country. 86. Speaking of the situation in South Africa in general, Mr. Dadoo stated that a racial war was being carried on by the South African Government, backed by the armed and police might of the State, against the non-white people in the country. Violence had been used by the police at every conceivable opportunity, even when the non-white people demonstrated in a peaceful manner for their rights. The non-white people were confronted with the choice of submitting to tyranny and a life of ignominy, or meeting the violence of the Government with determined resistance on their part. 87. Yusuf M. Dadoo felt that effective and mandatory economic sanctions should be applied against South Africa. He maintained that the non-white people of South Africa were prepared for whatever sacrifices might come as a result of economic sanctions. Rejecting the argument that sanctions would tend to harden white public opinion in South Africa, Mr. Dadoo stated that the large majority of the white people of South Africa supported the Government because they stood to benefit from the apartheid policies. White public opinion rallied in support of the fascist South African Government because its allies, in particular the United Kingdom and the United States of America, which had very considerable investments in South Africa and derived enormous profits out of the apartheid policies, resisted effective action. Economic sanctions would make the white people realize that they could not continue to live a life of luxury from the exploitation and the blood of the nonwhite people. 88. Leon Levy, National President and official representative abroad of the South African Congress of Trade Unions, gave an account of the discrimination against African workers, the restrictions on African trade unions and the sepressive measures against African trade union leaders. He said that a section of the white population, which enjoyed the fruits of apartheid, was not prepared to oppose apartheid and that the South African Government was prepared to hang trade union leaders, political leaders and all those who opposed apartheid, in order to secure the financial rewards of such a system. 89. Mr. Levy said that the workers of South Africa were deeply concerned with the need to find a solution to the problem. His organization favoured the application of economic sanctions against South Africa. Its members rejected the argument that economic sanctions would hurt those whom it was meant to help, and were prepared for sacrifices if need be. 90. All the petitioners, except Thabo Mbeki. submitted memoranda and written statements elaborating their oral statements. A memorandum was also sub. mitted bv Mrs. Rosalynde Ainslie and Miss Dorothy Robinson of the Anti-apartheid Movement, London5 11 The full texts of the petitions, memoranda and wrtten Statements are reproduced in the report of the delegatial of the Special Committee on the Policies of apartheid ai the hearing of petitioners in London, 13 and 18 Apri 1964 (A/AC.115/L.65). J. REPORT OF 25 MAY 1964 TO THE GENERAL ASSEMBLY AND THE SECURITY COUNCIL 91. After taking note of the report of the delegation and considering the developments in the Republic of South Africa from 23 March, the Special Committee submitted a further report to the General Assembly and the Security Council on 25 May 1964 (A/5707) in view, particularly, of the forthcoming consideration of the question by the Security Council at the request of fiftyeight Member States. These Member States had requested the convening of the Security Council to resume consideration of the serious situation existing in South Africa in the light of the report of the Group of Experts12 and the new developments in the Republic of South Africa. They stated: "Our respective Governments are particularly disturbed by the extreme measures, and more specifically the imposition of death sentences, which have been taken against a large number of African political leaders. "The situation in South Africa, which, in the words of the Security Council resolution of 7 August 1963,1.3 'is seriously disturbing international peace and security', has deteriorated still further in the wake of recent events in that country, as is clearly apparent from the interim report of the United Nations Special Committee on the Policies of apartheid of the Government of the Republic of South Africa, which was submitted to the General Assembly as document A/5692 and to the Security Council as document S/5621. "The South African Government's negative reaction to the Security Council's resolution of 4 December 1963, in particular, and the worsening of the situation as a result of the continued application by the Government of the Republic of South Africa of its policy of apartheid are a matter of deep concern to world public opinion and especially to the countries of Africa and Asia, which consider that the Security Council should take effective measures t obtain the compliance of the South African Government with the earlier resolutions of both the General Assembly and the Security Council and the discharge of its obligations as a Member State. "The undersigned Governments are convinced that positive and urgent action by the Security Council is essential to prevent a conflict in South Africa of unforeseeable consequences for Africa and for the world." 92. In its report of 25 May 1964 (A/5707), the Special Committee stated, inter alia: "5. The South African Government has shown no willingness to comply with the resolutions of the General Assembly and the Security Council or to take the minimum steps recommended in the last report of the Special Comniatee. On the contrary, it has continued to persecut, opponents of the policies of apartheid and passed ,--' discriminatory legislation depriving the non-wh;-t of the few remaining ribts. The rrs,.it, .- r;ae situation, and particularly the urgent need for effective measures to save the lives of those who have already been, or may be, sentenced to death, has given r;se to the need for this ,iew report, pursuant to the terms of reference of the Special Committee. "6 The trial of Nelson Mtandela, Walter Sisulu and other lealers of the people and opponents of apartheid was resumed a', 20 April 11)64 and continues in Pretoria under arbitrary and iniquitous laws, which violate the fundamental principles of universal justice and human rights and prescribe the death penalty for acts of resistance to the policy of apartheid. A number of other similar trials are taking place in the country. In those which have already been concluded, numerous persons have been given the most severe sentences for belonging to the African National Congress and the Pan12 Official Records of the Security Council, Xinetcpth Ycar, Supplement for April, May and June 1964, document S/5658. 13 Ibid., Eighteenth Year, Supplement for July, August and September 1963, document S/5386.

60 General Assembly-Nineteenth Session-Annexes Africanist Congress, nationalist political movements which are banned, or for acts arising from opposition to the policies of apartheid. "7. Meanwhile, the Parliament has passed the Bantu Laws Amendment Bill which also violates the fundamental principles of human rights and further aggravates tension in the country. "S. These developments are greatly increasing the threat of violent conflict in South Africa which is bound to have the most serious repercussions in the continent of Africa and in the world. The statement of Nelson Mandela at his trial in Pretoria on 20 April 1964 (A/AC.115/L.67) and the evidence of other accused in that trial, show clearly that the policies of South African Government have left no effective means of protest and redress to the opponents of apartheid in South Africa except resorting to violence. "9. The Special Committee has taken note of the urgent and earnest appeal by the Secretary-General to the Government of South Africa on 27 March 1964 to spare the lives of those facing execution or death sentences for acts arising from their opposition to the Government's racial policies, so as to prevent an aggravation of the situation and to facilitate peaceful efforts to resolve the situation, as well as similar appeals by a number of Chiefs of State, non-governmental organizations and prominent personalities. "10. The Group of Experts established in pursuance of the Security Council resolution of 4 December 1963" has also emphasized the imperative and urgent need for an ,amnesty for all opponents of apartheid, whether they are under trial or in prison or under restriction or in exile'.** It also recommended the formation of a fully representative national convention to set a new course for the future of South Africa. "11. The Special Committee has noted that the Prime Minister of South Africa and other leaders of the South African Government, since the publication of the report of the group of experts, have arbitrarily and summarily rejected any steps towards compliance with the recommendations of the group of expe,'ts. The South African Government bas also denounced the Secretary-General's appeal of 27 March and thus challenged the demands of all Member States as declared in resolutions of the General Assembly and the Security Council. '15. The Special Committee feels that the course being pursued by the Government of the Republic of South Africa, particularly with regard to the trials and persecution of opponents of apartheid and leaders of the non-white population, in open defiance of the appeals and demands of competent United Nations organs, is leading to a rapid aggravation of the situation and is precipitating a violent conflict. It feels it essential that the competent United Nations organs, and the States which bear special responsibilities in this matter in view of their close relations with South Africa, hould take decisive measures before irreparable harm is caused - the peace in South Africa and beyond. The Special Committee, therefore, again recommends that the Security Council should: "(a) Declare that the situation in the Repubic of South Africa constitutes a threat to the maintenance of international peace and security; "(b) Take all necessary effective measures to sqve the lives of the South African leaders condemned for acts arising from their opposition to the policies of apartheid; "(c) Call upon all States and international organizations to utilize all their influence to ensure the fulfilment of tht minimum but vital demands indicated in the last report of the Special Committee; "(d) Address a special request to all States which maintain relations with South Africa, etpecially the United States "- Official Records of the Securiy Council, Eighteenth Year, Supplement of October, November and December 1963, document S/5471. "** Ibid., Nineteenth Year, Supphment for April, May and June 1964, document S/5694, annex, para. 44." of America, the United Kingdom, and France, permanent memoers of the Security Council, to take effective measures to meet the present grave situation; "(e) Decide to apply economic sanctions, in accordance with Chapter VII of the Charter, as long as the Government of South Africa continues to violate its obligations as a Member of the United Nations. "16. In conclusion, the Special Committee wishes to emphasize that, in its opinion, effective mandatory action is imperative to avoid the most serious consequences arising from the policies of apartheid of the Government of South Africa, and that the Security Council is entitled to take such action under the provisions of the Charter. It expresses the hope that the Security Council will assume its full responsibilities on this question in accordance with the Charter and with the active co-operation of all the great Powers concerned, whose role is decisive in this matter," 93. In submitting its report of 25 May 1964 the Special Committee emphasized once again the urgent need for mandatory action under Chapter VII of the Charter, with the active co-operation, in particular, of Governments that maintain close relations with the Government of the Republic of South Africa, in order to avert violent conflict in South Africa, which is liable to have serious international consequences. 94. On 29 May 1964, the African group at the United Nations, after taking note of the report of the Special Committee and having heard the African representatives in the Special Committee, issued a communique in which it stated: "...the African Group notes with great anxiety that during the year following the Conference of Addis Ababa the situation in South Africa, in spite of all the efforts exerted by the United Nations. has continued to worsen steadily to the point where it now constitutes a very serious threat to the maintenance of international peace and security. The Group believes that this serious deterioration is due not only to the defiant attitude and criminal obstinacy of the South African Government but also to the lack of effective co-operation on the part of that Government's major partners who, in spite of all appeals, have refused to undertake the only effective action to change the catastrophic course of events in South Africa, namely, economic sanctions. "The African Group adopts the recommendations contained in the 25 MAay report of the Special Committee stressing the imperative necessity for mandatory action in the form of economic and commercial sanctions so as to forestall a racial explosion in South Africa with unforeseeable consequences. "The African Group appeals once again to the partners of South Africa and, in particular, to the Governments of the United Kingdom, the United States and France, the only permanent members of the Security Council to maintain rela'ions with the Government of Pretoria, (a) to take all necessary measures in order to prevent the execution of the nationalist leaders condemned for their opposition to apartheid and (b) to support all economic sanctions designed to bring about, by peaceful means, an end to the intolerable policy of apartheid which has been unanimously condemned by international opinion. "Finally, the African Group, in the face of the extreme gravity of the situation, desires to recall the unanimous and solemn appeal which the African Heads of State, meeting in Addis Ababa, had sent out to the great Powers, which read as follows: "'The Summit Conference of Independent African States purposely intervenes and asks the great Powers to stop giving, without exception, either directly or indirectly, any support or assistance to all colonialist governments who would use this assistance to repress African movements 6 national liberation ... ; announces to the allies of colonial Powers that they must choose between their friendship for Af-ican peoples and their support to powers which oppress thee peoples.' t r S a t t I d I ei1 vi im COt ...... i .cL.x~,a reSu Ltng from the policies of apartheid, the Security Council adopted resolution S/5773 on 18 June 1964 taking note with appreciation of the reports of the Special Committee and of the Group of Experts, deploring the refusal of the South African Government to comply with pertinent Security Council resolutions and declaring in its operative part: "1. Condemns the apartheid policies of the Government of the Republic of South Africa and the legislation supporting these policies, such as the General Law Amendment Act, and in particular its ninety-day detention claube; "2. Urgently reiterates its appeal to the Government of the Republic of South Africa to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policies of apartheid; "3. Notes the recommendations and the conclusions in the report of the Group of Experts; 141bid., Nineteenth Year, Supplement for April, May and June 1964, document S/5761. L. CONSIDERATION OF THE PROGRAMME OF WORK OF THE SPECIAL COMMITTEE, JULY 1964 99. At its 37th meeting on 10 July 1964, the Special Committee considered its programme of work in the light of the developments since its report of 22 May, including in particular the Security Council resolutions of 9 and 18 June, as well as the sentences in the Rivonia trial and the new wave of acts of sabotage and arrests in June and July. 100. The Committee felt that, in view of the trend of events in South Africa, the United Nations should intensify its efforts to bring international pressure to bear against the South Africnn Government in ordor to persuade it to abandon its policies of apartheid. It noted that the establishment by the Security Council of an expert committee to undertake a technical and practical study of measures which could be taken by the Council did not affect the mandate of the Special Annex No. 12 61 "The African Group expresses the hope that this appeal "4. Urgently appeals to the Government of the Republic will finally be heard and that the great Powers to whom of South Africa: the Group addresses itself will manifest concretely, during "(a) To renounce the execution of any persons sentenced the forthcoming Security Council debates, their unequivocal to death for their opposition to the policy of apartheid; desire to bring about an effective and rapid end to the policy "(b) To grant immediate amnesty to all persons detained of apartheid of the South African Guvernment." or on trial, as well as clemency to all persons sentenced for their opposition to the Government's racial policies; K. CONSIDERATION OF THE QUESTION BY THE SECURITY "(c) To abolish the practice of imprisonment without COUNCIL, JUNE 1964 charges, without access to counsel or without the right of 95. The Security Council resumed consideration of prompt trial; "S. Endorses and subscribes in particular to the main conthe question in June 1964 at the request of fifty-eight clusion of the Group of Experts that 'all the people of South Member States and took into account the reports of Africa should be brought into consultation and should thus the Special Committee as well as the report of the Group be e-nabled to decide the future of their country at the of Experts appointed by the Secretary-General pursuant national level'; to the Security Council resolution of 4 December 1963. "6. Requests the Secretary-General to consider what assist%. On 9 June 1964 the Council adopted a resolu- ance the United Nations may offer to facilitate such conion14 recalling the provisions of General Assembly sultations among representatives of all elements of the popuesolution 1881 (XVIII) of 11 October 1963 and of lation in South Africa; he Security Council's resolutions of 7 August 1963 and "7. Invites the Government of the Republic of South December 1963 concerning the arbitrary trials and Africa to accept the main conclusion of the Group of Experts referred to in paragraph 5 above, to co-operate with the epressive measures against opponents of apartheid in Secretary-General and to submit its views to him with respect South Africa, and noting with great concern that the to such consultations by 30 November 1964; rbitrary Rivonia trial instituted against the leaders of "0. Decides to establish a committee of experts, composed he anti-apartheid movement had been resumed and of representatives of each present member of the Security hat the imminent verdict to be delivered under arbitrary Council, to undertake a technical and practical study, and aws prescribing long terms of imprisonment and the report to the Security Council as to the feasibility, effeceath sentence might have very seriots consequences. tiveness, and implications and measures which could, as appron its operative part the resolution read: priate, be taken by the Security Council under the United "1. Urges the So ith African Government: Nations Charter; "9. Requests the Secretary-General to provide to the com"(a) To renounce the execution of the persons sentenced mittee of experts the Secretariat's material on the subjects to death for acts resulting from their opposition to the policy to be studied by that Committee, and to co-operate with the of apartheid; committee as requested by it; "(b) To end forthwith the trial in progress, instituted "10. Authories the committee of experts to request all within the framework of the arbitrary laws of apartheid; and States Members of the United Nations to co-operate with it "(c) To grant an amnesty to all persons already imprisoned, and to submit their views on such measures to the Coininterned or subjected to other restrictions for havtng opposed mittee no later than 30 November 1964, and the committee the policy of apartheid, and particularly to the defendants to complete its report not later than three months thereafter; in the Rivonia trial; "l. Invites the Secretary-General in consultation with ap"2. Inzites all States to exert all their influence in order propriate United Nations specialized agencies to establish to induce the South African Government to comply with an educational and training programme for the purpose of the provisions of this resolution; arranging for education and trainiog abroad for South "3. In ites the Secretary-General to follow closely the Africans; implementation of the resolution and to report thereon to "12. Reaffirms its call upon all States to cease forthwith the Security Council at the earliest possible date." the sale and shipment to South Africa of arms, ammunition 97. of all types, military vehicles, and equipment and materials Two days after the adoption of this resolution, for the manufacture and maintenance of arms and ammunition ght of the nine accused in the Rivonia trial were con- in South Africa; rted. They were sentenced on 12 June 1964 to life "13. Requests all Member States to take such steps as prisonment. they deem appropriate to persuade the Government of the 98. After further consideration of the question of race Republic of South Africa to comply with this resolution." nflc i q,,- ¢ . ... ~UL1I- isz ..e. po.c.es. .

62 General Assembiy-Nineteenth Session-Annexes Committee which was charged by the General Assembly with following constantly the various aspects of the question. The Special Committee was in no way precluded from recommending action before the submission of the report of the expert committee, if it felt that the situation required such action. 101. The Committee decided to give special attention to the question of repressive measures against opponents of apartheid in South Africa and to consider at an early date the papers submitted by the Secretariat on the foreign trade of South Africa (A/AC.1 15/L.55) and foreign investments in South Africa (A/AC.115/ L.56). It requested the Secretariat to revise these documents in order to bring them up to date, and in accordance with this request, the Secretariat prepared documents A/AC.115/L.55/Add.1 and L.56/Rev. 1. 102. The Committee also decided to submit a report to the General Assembly at its nineteenth session. NI, CONSIDERATION OF REPRESSIVE MEASURES AGAINST OPPONENTS OF THE POLICIES OF apartheid IN TIlE REPUBLIC OF SOLTTh- AFRICA 103. The continued and intensified repression against opponents of the policies of apartheid in the Republic of South Africa, despite the Security Council resolutions of 9 and 18 June 1964, led the Special Committee to devote several meetings to this aspect of the problem. A brief account of the Committee's proceedings on this aspect is given below. (a) Detention of Abram ;Fischer 104. On 10 July 1964, the Special Committee received the news of the detention of Abram Fischer, leader of the defence team in the Rivonia trial, and authorized the Acting Chairman to issue a statement expressing its serious concern. In accordance with this decision, the Acting Chairman issued the following communique: "The Special Committee on the policies of apartheid of the Government of the Republic of South Africa, at its meeting today, discussed the reported arrest by the police authorities of the South African Government of Abram Fischer, an attorney, who a few weeks ago led the defence of Nelson Mandela and seven others accused of sabotage. "The Committee expressed its very serious concern with regard to an action which could be interpreted only as an act of reprisal perpetrated by a Government against a legal counsel for having fulfilled his duties in the face of serious odds. "This arrest, in the view of the Committee, sheds light on the conditions under which legal proceedings are conducted under the present r~gime of the Republic of South Africa." (See United Nations Press Release GA/AP/33, 10 July 1964.) Fischer was released soon afterwards, but was again arrested on 23 September and charged with furthering the aims of an unlawful organization. (b) Rejection of appeals against the death sentences on Vuyisilc Mini, Wilson Khayinga and Zinakile Mkaba 105. The Special Committee held a special meeting on 9 October 1964 to consider urgently the news that the appeal against the death sentences passed in March 1964 against three leaders of the African National Congress, Vuyisile Mini, Wilson Khayinga and Zinakile Mkaba had been rejected. Members of the Committee expressed grave concern over the danger to the lives of these three men and the inevitable consequences of executions in defiance of the General Assembly and Security Council resolutions. They agreed that world opinion should immediately be alerted in an effort to prevent such an eventuality. 106. Consequently the Special Committee unanimously decided to issue a communiqu6 in which it stated : ".. the Special Committee on the policies of apertheid of the Government of the Republic of South Africa expresses its grave concern over the news that the appeals of Vuyisile Mini, Wilson Khayinga and Zinakile Mkaba, leaders of the African National Congress in Port Elizabeth, against the death sentences passed on them in March 1964 have been rejected. "it notes that the trial of these militant opponents of the policies of apartheid is in violation of the repeated resolutions of the General Assembly and the Security Council calling on the South African Government to end its ruthless repressive measures against the opponents of the policies of apartheid and seek a peaceful solution based on racial equality. It recalls that the Security Council, in its resolution S/5761 of 9 June 1964, urged the South African Government 'to renounce the execution of the persons sentenced to death for acts resulting from their opposition to the policy of apartheid'. "The Special Committee, therefore, urgently demands that the South African Government refrain from the execution of the death sentences, which would seriously aggravate the situation in South Africa, and take steps to comply with the resolutions of the General Assembly and the Security Council. "The Special Committee urgently appeals to all States, organizations and individuals to utilize all their influence to save the lives of Vuyisile Mini, Wilson Khayinga and Zinakile Mkaba and to persuade the South African Government to grant an amnesty to all persons imprisoned, interned or subjected to other restrictions for having opposed the policy of apartheid." (See United Nations Press Release GA/AP/38, 9 October 1964.) 107. On the same day, in accordance with the decision of the Committee, the Chairman transmitted the communiqu6 to the Secretary-General with a request that it be sent to the South African Government. 108. The Secretary-General subsequently informed the Chairman that he had transmitted his letter and the Special Committee's communiqu6 to the Permanent Representative of South Africa to the United Nations on 9 October and had expressed the hope that the South African Government would see fit to show clemency to the men sentenced to death, in the spirit of the Security Council's resolution of 9 June 1964. The Secretary-General added that he had also transmitted similar appeals by President Gamal Abdel Nasser of the United Arab Republic on behalf of the Second Conference of the Heads of State or Government of the Non-Aligned Countries and hv the Chairman of the African group at the United Nations. 109. On 22 October 1964, the Secretary-General communicated to the Chairman a copy of a letter dated 21 October received from the Permanent Representative of South Africa, stating, inter alia, that "the South African Government have no intention whatsoever Of answering the communications to which your letter gave cover and which are obviously yet another attempt organized under Communist influence by political forces hostile to South Africa to interfere in the judicial processes of a Member State" (see A/AC.115/L.93).

Annex No. 12 63 110. At the 44th meeting on 26 October 1964, the Chairman and members of the Committee deplored the discourtesy with which the South African Government had seen fit to reject the appeals to spare the lives of the three men condemned to death. They denounced as absurd the charge regarding Communist influence which they said was another proof that the attitude of the South African Government was such that only decisive steps by the international community could meet the grave situation. (c) Hearing of a petitioner concerninq the banning order served on Chief Albert . Luthuli 111. On 29 October 1964 (45th meeting), the Special Committee heard a statement (see A/AC.115/ L.94) by Mrs. Mary-Louise Hooper, a former personal assistant to Chief Albert J. Luthuli. Mrs. Hooper drew the Committee's attention to the restrictions imposed on Chief Luthuli under the five-year banning order served on him on 24 May 1964. She said that the lack of onthe-spot medical attention was shocking in view of the fact that Chief Luthuli was 66 years old and had suffered an extremely grave heart attack about ten years earlier. He had been in hospital for many weeks after that attack and again during the state of emergency in 1960 when he had been assaulted by a prison warder. The heart attack had left Chief Luthuli with dangerously high blood pressure, which should be constantly watched by a physician. (d) Execution of Ffvyisile Mini. [Vilson Khayinga and Z.nak ie Mkaba 112. The Special Committee held an emergency meeting on 6 November 1964 on receiving the news that Vuyisile Mini, Wilson Khayinga and Zinakile Mkaba had been executed that morning in the Pretoria Central gaol. 113. The Committee observed a minute of silence in memory of these three men. Members of the Committee expressed shock and indignation at the news and emphasized the need for effective international action to avoid the rapid aggravation of the situation. 114. The Committee unanimously decided to issue the following communiqu6: "At an emergency meeting held today, the Special Committee on the Policies of apartheid of the Government of the Republic of South Africa expressed its shock and profound indignation over the news of the execution of Messrs. Vuyisile Mini, Wilson Khayinga and Zinakile Mkaha, three African National Congress leaders in Port Elizabeth. "The Special Committee strongly condemns this ruthless and criminal act which not only constitutes a challenge to world public opinion, but also a flagrant violation of resolutions of the General Assembly and Security Council, particularly of the resolution of the Security Council (S/5761) of 9 June 1964 urging the South African Government 'to renounce the execution of persons sentenced to death for acts resulting from their opposition to the policies of apartheid'. "The Special Committee draws the attention of the international community to the grave and irreparable consequences which are bound to result from the course being followed by the South African Government. It reaffirms its determination to redouble its efforts, in the discharge of its mandate, to assist the General Assembly and the Security Council to adopt decisive measures to ensure an urgent solution to this problem. "The Special Committee urges all States, particularly those States which by still maintaining close relations with South Africa bear a special responsibility in this matter, now to take energetic steps, in accordance with the reso* lutions of the General Assembly and the Security Council. to ensure the abandonment of the disastrous policy of * apartheid of the South African Government." tN. APPEAL TO MN[EMBER STATES CONCERNING RELIEF AND ASSISTANCE TO FAMILIES OF PERSONS PERSECUTED BY THE SOUTH AFRICAN GOVERNMENT FOR THEIR OPPOSITION TO THE POLICIES OF apartheid 115. At the 40th meeting on 24 September 1964, the Acting Chairman recalled the Committee's recommendation to the eighteenth session of the General Assembly concerning measures for relief and assistance to the families of persons persecuted for their opposition to the policies of apartheid,5 and the subsequent adoption by the General Assembly of resolution 1978 B (XVIII) requesting the Secretary-General "to seek ways and means of providing relief and assistance, through the appropriate international agencies, to the families of all persons persecuted by the Government of the Republic of South Africa for their opposition to the policies of apartheid". He recalled that the Secretary-General had informed the General Assembly that he would contact the United Nations High Commissioner for Refugees in order to seek assistance for South African refugees and the International Committee of the Red Cross regarding assistance for families inside South Africa. The Secretary-General had announced on 13 March 1964 that the High Commissioner was ready to co- operate in the matter. Arrangements for assistance to families inside South Africa, however, could not be made because of certain difficulties. The Acting Chairman said that the officers of the Special Committee had felt that they should discuss the matter with the Secretary-General in view of the desperate needs of thousands of families in South Africa and consider the desirability of an appeal by the Special Committee to all States and organizations. 116. The Special Committee then decided to request its officers to convey to the Secretary-General its concern over the plight of families persecuted by the South African Government for their opposition to the policies of apartheid, to seek information on the progress made in the implementation of resolution 1978 B (XVIII) and to consult with him on the question whether the Committee could be of any assistance in the matter at the present time. 117. Following the meeting with the SecretaryGeneral, the officers suggested that an appeal be addressed by the Special Committee to Member States, through the Secretary-General, and also to appropriate organizations, requesting them to contribute urgently and generously to existing relief organizations pending the conclusion of other appropriate arrangements. 118. The Committee approved the suggestion and on 26 October 1964 adopted the text of an appeal which was circulated as document A/AC.115/L.98. It read in part as follows: "In spite of all Security Council and General Assembly resolutions demanding the abandonment of the policies of apartheid, the Government uf the Republic of South Africa has continued to implement its repressive law; providing extremely harsh penalties for belonging to or furthering the aims of the major African political organizations and for 15 Official Records of the Genwral Assembly, Eighteenth Session, Anmnexes, addendum to agenda item 30, document A/5497, para. 513.

64 (eneral Assernbly-Nineteenth Session-Annexes acts of protest and resistance against the Government's racial policies. The implementation of these laws has resulted in the detention of thousands of persons, many of whom are being tried or awaiting trial, thus facing long periods in prison or life impricouinteni ur even death sentences. Hundreds of persons have been imprisoned under Section 17 of the Ceneral Law Amendment Act of 1063, which provides for the detention of persons without trial for periods of ninety days at a time. Numerous pcrF4,ns have heen subjectel to banishment, house arrest, hanning orders and other restrictions which often prevent them from pursuing their occupations. The distress and misery caused by these repressive actions to the families may easily be imagined. Numerous families have been deprived of their breadwinners. Children have been separated from one or both uf their parents. "When brought to trial, many an opponent of the policies of apartheid faces financial difficulties and has to rely on benevolent organizations for legal assistance, support of families and payment of bail. "It appears from communications received by the Special Committee from organizations concerned with relief and assistance to the victims of repression in South Africa that they are in urgent need of funds to provide even minimum legal assistance and relief to numerous persons who have been gaoled or brought to trial under repressive laws. "The Special Committee is attaching herewith communications received by it from three organizations-Amnesty International, Defence and Aid Fund (International) and Joint Committee on the High Commission Territorieswhich have been engaged in relief and assistance for the victims of persecution by the Republic of South Africa and which offer their services in implementing the purposes of General Assembly resolution 1978 B (XVIII). "The Special Committee notes that the Amnesty International, sponsored by eminent personalities from many countries, 'adopts' prisoners and detainees in South Africa who do not advocate violence and also assists refugees from South Africa. The Defence and Aid Fund, established in the United Kingdom in 1956, with Canon L. John Collins as Chairman, has so far contributed about £300,000 to the victims of the policies of apartheid and maintains contact with South Africa through local committees. Its efforts have been appreciated by prominent South African opponents of apartheid, including Chief Albert Luthuli, winner of the Nobel Peace Prize. The Joint Committee on the High Commission Territories, representative of a number of voluntary organizations, is concerned with the relief and assistance of South African refugees in the High Commission Territories and in Northern Rhodesia. "The Special Committee also notes that the World Council of Churches has, in July 1964, earmarked $60,000 for legal aid for political prisoners in South Africa and for assistance to their dependants, and is seeking further contributions for this purpose. "The Special Committee wishes to make an urgent appeal to Member States to contribute generously to the fulfilment of the purposes of General Assembly resolution 1978 B (XVIII) through these voluntary organizations or through other appropriate channels of their choice, and to give the widest publicity to this appeal in order to encourage charitable foundations, organizations and individuals in their countries to make generous contributions." 119. The Committee authorized its Chairman to transmit the appeal to appropriate organizations. 120. By a letter dated 12 November 1964, the Permanent Representative of India to the United Nations informed the Committee that his Government had decided to contribute a sum of 25,000 rupees ($5,250) in response to its appeal (see A/AC.115/L.100). 0. CONSIDERATION OF PAPERS ON THE PATTERN OF FOREIGN TRADE OF THE REPUBLIC OF SOUTH AFRICA AND FOREIGN INVESTMENTS IN THAT COUNTRY 121. In October 1964, the Special Committee began consideration of the pattern of foreign trade of the Republic of South Africa and foreign investments in the Republic of South Africa. It had before it papers prepared by the Secretariat on these questions at its request (A/AC.115/L.55 and Add.1 and Add.l/ Corr.l and 2, L/56 and Rev.1).1" 122. On 20 October (42nd meeting), the Special Committee heard a statement (A/AC.115/L.92) by Mr. Ronald Segal, convener of the International Conference on Economic Sanctions against South Africa, held in London in April 1964. 123. Mr. Segal stated that despite the boycott campaign abroad and the continuing unrest at home, the South African economy was booming. Economic strength had merely added self-assurance to intransigence, and the richer the State, the more repressive and exacting it had become. The vast majority of nonwhites were becoming even poorer; indeed, South African prosperity was no more than make- up on the face of a leper. Violence was an increasingly evident and accepted feature of life in South Africa, while welltried methods of repression were being increasingly pursued. 124. Recalling the findings of the International Conference on Economic Sanctions, Mr. Segal stated that total economic sanctions against South Africa were necessary, urgent, legal, practical and likely to cost South Africa's principal trading partners much less than their representatives had been accustomed to claim. Now that the United Nations had recognized the danger to world peace represented by South Africa's policies, unremitting pressure must be exercised on those States, particularly on the permanent members of the Security Council, which still had close commercial relations with South Africa and Japan which having increased its trade with South Africa by 500 per cent since 1956, was fast taking over from the United States as South Africa's second trading partner. It would not be surprising if countries now boycotting South Africa were to regard continued trading with the Republic by others as an act of hostility to themselves and take punitive actions accordingly. 125. In conclusion, Mr. Segal thought that the recent general election in the United Kingdom provided some small encouragement. He stated: "The struggle to free the subjugated peoples of South Africa will not be easy or short; but it must succeed, if the world is to survive in racial peace, and we are all to escape the deepening dusk of humanity." 126. During the discussion of the papers on the pattern of foreign trade of the Republic of South Africa and foreign investments in the Republic of South Africa, members of the Committee emphasized the importance of the compliance by all States, particularly by the major trading partners of the Republic of South Africa, with the resolutions of the General 1' See also communications from the delegations of Ghana (A/AC.115/L.84) and of India (A/AC.115/L88) with regard to the first of these documents, and comments by the representatives of Ghana and Malaysia at the 43rd meeting (A/AC.115/SR.43), and the statement by the Principal Secretary of the Special Committee at the 44th meeting (A/AC.115/ SR.44).

Annex No. 12 65 Assembly and the Security Council concerning measures to dissuade the South African Government from its racial policies. Reference was made in this connexion to the resolutions of the Assembly of the Heads of State and Government of the Organization of African Unity and the Second Conference of the Heads of State or Government of the Non-Aligned Countries. Several members expressed regret at the continuing close economic relations with South Africa maintained by a number of countries and declared that such relations constituted an encouragement to the South African Government to continue to pursue its policies. 127. At the conclusion of the discussion, the Committee decided, at the suggestion of the Chairman, that the Special Committee's forthcoming report should recommend an appeal to South Africa's principal financial and trading partners that they comply with the resolutions of the General Assembly and the Security Council and take effective steps to induce the South African Government to change its policies. It also decided that the report should also recommend an invitation to the United Kingdom immediately to cease the supply of arms to South Africa, and to other States to do the same and not to replace the United Kingdom as suppliers of arms. 128. With regard to a proposal by the representative of Guinea to establish a sub- committee to study and report on the economic aspects of the problem, particularly the question of foreign trade of South Africa and foreign investment in South Africa, the Chairman noted that there was general agreement in principle. It was decided, however, to defer action on this matter until the completion of the present report of the Special Committee. P. LETTER TO TIIE SECRETARY-GENERAL OF THE ORGANIZATION OF AFRICAN UNITY 129. With regard to another proposal by the representative of Guinea for the establishment of relations with the Organization of African Unity, the Special Committee decided on 4 November 1964 (46th meeting) that it should convey its desire for constant contact with that Organization and seek such contact through the Secretariat pending the establishment of formal relations between the United Nations and the Organization. It authorized the Chairman to send the following letter to the Secretary-General of the Organization: "The Special Committee on the Policies of aparthrid of the Government of the Republic of South Africa established by the General Assembly of the United Nations to follow constantly the various aspects of the racial policies of the South African Government and to report to the General Assembly and the Security Council, has taken note of the decisions of the Organization of African Unity on this question. The Special Committee felt that it would be desirable to establish constant contact with the Organization of African Unity in the fulfilment of the task assigned to it by the General Assembly. "The Chairman intends to discuss with you or any other competent official of your organization, at an appropriate time, the useful measures to be taken in order to meet the wish of the Committee. "In the meantime, the Special Committee has requested the Secretariat to transmit its various documents to you for your information. In return, it would like to receive from the secretariat of your organization, any documentation relevant to the question of the policies of apartheid of the Government of the Republic of South Africa. Q. REQUEST TO THE SECRETARY-GENERAL IN CONNEXION WITH ARMS SHIPMENTS TO SOUTH AFRICA 130. On 17 November 1964 (50th meeting), the Special Committee took note of the declaration by the United Kingdom Government that it had decided to impose an embargo on the export of arms to South Africa, that current contracts would be fulfilled, and that the contract to supply sixteen Buccaneer aircraft was still under review. 131. On 19 November (51st meeting), the Committee took note of press reports regarding approaches by the South African Government to other countries for arms and, on the proposal of the representative of Nigeria, authorized the Chairman to meet with the Secretary-General to request him (a) to convey the Special Committee's appreciation to the United Kingdom Government for its decision and its hope that the United Kingdom would take the logical course of cancelling the Buccaneer contract as well; and (b) to convey the Special Committee's earnest hope to the Governments of France, Italy and other Powers that they would faithfully implement the decision of the Security Council. 132. The Chairman subsequently informed the Committee that he had conveyed the request to the Secretary-General on 23 November. R. CONSIDERATION OF THE PRESENT REPORT TO THE GENERAL ASSEMBLY AND THE SECURITY COUNCIL 133. On 29 October 1964 (45th meeting), the Rapporteur presented to the Special Committee an outline of the draft report which the Committee had decided to submit to the nineteenth session of the General Assembly, including an indication of the main developments to be covered in it. On the basis of this outline, which was accepted by the members, and the drafts of the various sections of the report which were circulated, the Committee began a general discussion with particular emphasis on the conclusions and recommendations. 134. Members of the Committee expressed agreement that the situation in the Republic of South Africa had greatly deteriorated during the period under review and that it was essential that the United Nations organs, particularly the Security Council, should recognize it as a serious threat to the peace and take decisive action. They reiterated that in the present circumstances, economic sanctions were the only peaceful and effective means to resolve the situation. They attached great importance to publicizing the United Nations efforts against the policies of apartheid and favoured the strengthening of the Special Committee in order to enable it to discharge its mandate even more effectively. Chapter ii. Review of developments since the report of 13 September 1963 135. The second part of the report which follows is devoted to a review of the developments relating to the policies of apartheid in South Africa since 13 September 1963. Before embarking on a detailed narration of the developments, however, it may be desirable briefly to note some of the most important trends of the period under review and to consider their significance in the

General Assembly-Nineteenth Session-Annexes light of the international concern over the situation in South Africa. 136. Maiy leading statesmen have recently expressed serious anxiety over the grave danger of a violent conflict arising from racism in southern Africa and its inevitable international repercussions. 137. The Secretary-General of the United Nations said in an address to the Algerian House of Assembly on 3 February 1964: "There is the clear prospect that racial conflict, if we cannot curb and finally eliminate it, will grow into a destructive monster compared to which the religious or ideological conflicts of the past and present will seem like small family quarrels. Such a conflict will eat away the possibilities for good of all that mankind has hitherto achieved and reduce men to the lowest and most bestial level of intolerance and hatred. This, for the sake of all our children, whatever their race and colour, must not be permitted to happen." 13S. The Group of Experts established in pursuance of the Security Council resolution of 4 December 1963 stated in paragraph 31 of its report: "Violence and counter-violence in South Africa are only the local aspects of a much wider danger. The coming collision must involve the whole of Africa and indeed the world beyond. No African nation can remain aloof. Moreover a race conflict starting in South Africa must affect race relations elsewhere in the world, and also, in its international repercussions, create a world danger of first magnitude."17 139. Sir Alec Douglas-Home, then Prime Minister of the United Kingdom, said at Southampton, England, on 24 April 1964 that "the greatest danger in the world today-as deadly in its way as the atomic bombis the threat of racialism", 140. Mr. Dean Rusk, Secretary of State of the United States, said in Washington, D.C., on 26 September 1964, in an address to the American Negro Leadership Conference on Africa: "A peaceful reconciliation of divergent interests in southern Africa could have a beneficial effect on the current balance of forces in the world. "The alternative could well be an unwanted and unnecessary period of conflict which could shatter the friendly and mutually beneficial African-European relations that exist throughout the continent today." 141. Sir Hugh Foot (now Lord Caradon), Minister of State for Foreign Affairs of the United Kingdom, said on 23 October 1964, that, in his opinion, the greatest danger facing the world was "racial conflict beginning in southern Africa and involving the whole of Africa, and eventually the whole world". "This is far beyond anything we have seen before in the Congo or Cyprus or Suez. This is a much bigger possibility of a colour war in which the world will inevitably be involved. It will not be sufficient to have a hastily raised force to deal with the disorders on a vast scale." 142. The explosive situation in South Africa is thus not an isolated phenomenon but one that contains the 17 See Official Records of the Security Council. Nineteenth Year, Supplement for April, Alay and June 1964, document S/5658, annex. seeds of a much wider and much more catastrophic conflict. 143. The Special Committee has already drawn attention to the gravity of the situation in South Africa, and its inevitable repercussions, and called for vigorous and decisive measures to put an end to the threat to international peace and security. The General Assembly and the Security Council have recognized that the situation is seriously disturbing international peace and security, called on the South African Government to abandon the policies of apartheid and end the regime of ruthless repression by which these policies are imposed, and requested all States to take steps to persuade the South African Government to comply with their decisions. 144. The present report shows clearly that the situation continues to deteriorate as the South African Government has ignored and defied all requests and demands of the competent United Nations organs, continued to violate the fundamental provisions of the Charter, and proceeded with its course of more discrimination and more repression, thus aggravating the danger of a bloody conflict. 145. The South African Government, it may be noted, admits that the present system of domination of 13 million non-whites by 3 million Whites cannot continue. But it clings to the hope that three fifths of the non-whites who live outside the African reserves can be dominated for ever if only world opinion is deceived and Africans divided by an offer to transform these reserves into fraudulent African "states" and the 8 million Africans in the white State proclaimed by fiat as alien labourers. 146. With this policy of working towards the partitioning of South Africa into a white state and several African states, the Prime Minister, Mr. H. F. Verwoerd, claimed on 5 June 1964 that the present South African Government was adjusting to the change in the spirit in the world and in Africa in recent years is 147. The Government has hastened to take away the few rights enjoyed by the Africans outside the reserves and, in effect, to denationalize them. The Bantu Laws Amendment Act of 1964 enacts in effect, 1i Mr. Verwoerd declared in the Senate on 5 June 1964: . . . the situation in the world changed after World War II. A new outlook developed and that new outlook spread across the world and it had the effect of emancipating States in Africa. One cannot escape from it that the change in outlook also reached our country . - . The result was that we all had to take account of it that the old easy arrangement was disappearing and that we now had to give account to ourselves in what direction we should lead and develop South Africa . . . So what did we do? In our opinion we had to seek a solution in a continuation of what was actually the old course, namely, of separation. While, however, seeing separation in the light of the older arrangement as something that ends at a certain point, self-rule under the care of a guardian, we now had to adjust ourselves and be prepared to carry that separation further . . The facts are that I am prepared to make an adjustment within my policy, but I am not prepared to sacrifice my nation by a process of adjustments against policy. "I am prepared to make an adjustment by the development of the course I decided upon by working it out more clearly and to carry it further and further to its logical conclusions . . . "Our object is to ultimately get rid of discrimination by separating black and white increasingly." (The Senate of the Republic of South Africa, Debates (Official Report), 5 June 1964, cols. 4691, 4692 and 4697.)

Annex No. 12 67 the Government's contention that the African should be regarded as a mere temporary immigrant in the 'white" State, that he should only be permitted to enter the ",white" State to minister to the needs of the white man and that he should he entitled to no expectations except the receipt of a proper price for his labour. It provides for complete control over every African in this "State", where he would be without roots or rights and insecure. 148. The Government continues to force racial segregation of Whites, Africans, Indians and Coloureds in the cities and towns through group areas, removal of "black spots," influx control, and a host of other measures. Settled communities where there have been no problems from the presence of different races are disrupted and divided up on racial lines with buffer strips between them. Hundreds of thousands of families are uprooted, businesses ruined and livelihoods jeopardized to satisfy the political plans of the Government. 149. The Government then spends ever more effort on propaganda to justify its injustices, relying at home on the silencing of authentic and representative opposition and abroad on pandering to racial prejudices and on the services of business interests which profit by racial discrimination in South Africa. 150. It claims that its policy is one of "separate development" or "orderly coexistence". Each racial group will exercise its rights within its own sphere and the "sky is the limit" for its advancement within its sphere.' The Africans can vote in bantustans, while the Coloured people and the people of Indo-Pakistani origin can vote for separate Councils. Indeed, they will all have "one man, one vote". 151. A closer look at this scheme, as analysed in this and the earlier reports of the Special Committee, lays bare its utterly fraudulent and iniquitous character. 152. The Africans, who constitute three quarters of the population, are expected to find their destiny in the reserves (13 per cent of the area of the country) which are unable to provide sustenance even for two fifths of the African population. These reserves, carved up into eight "nations", are to be the dumping ground for the Africans not wanted in the "white" State, and reservoirs for unskilled labour needed in the "white" State and its "border industries". The fact that the first bantustan in the Transkei can raise no more than a small fraction of its budget from local taxes shows clearly the limits of opportunities for Africans under apartheid. 153. The Government has already proceeded to establish a Coloured Persons Representative Council and a National Indian Council and has promised to grant them, in due course, certain legislative powers. But they can be no more than subordinate councils so long as the ultimate authority is in the all-white Parliament, elected only by the Whites except for a handful of seats allotted to white representatives of Coloured voters. They can be no more than instruments 9The Deputy Minister of the Interior, of Education, Arts and Science of Labour and of Immigration, Mr. M. Viljoen, stated on 7 November 1963 that "in the Bantu homelands the sky is the limit to the ambitions and aspirations" of Africans. South African Digest (Pretoria), 14 November 1963. The Minister of Coloured Affairs, of Community Development and of Housing, Mr. P. W. Botha, said in an interview in March 1964: "... within their own group, their future-like the skyis unlimited. Everything depends on them." (The Cape Times, 28 March 1964.) to facilitate apartheid and perform administrative functions in the segregated communities. 154. These plans for partition and segregation are implemented without consulting the non-white people and, indeed, in the face of their strong opposition. The destiny of all the people is to be decided by a Government elected by Whites alone, with little more than faint opposition from the United Party which is also committed to racial discrimination. They are imposed by increasingly restraining communication across racial lines, by suppressing all resistance to apartheid and by banning or gaoling the leaders of the non-white people or forcing them into exile. 155. Repression has become an inseparable complement to the policy of apartheid as it ignores the vital interests of the great majority of the people and is directed against them.20 156. Year after year the Government has increased its repressive powers. It can now ban, detain or banish any one indefinitely without trial, and keep him entirely outside the protection of the courts and cut off from contact with family and friends. As shown in the present report, it has used these powers with little restraint. 157. Repression is no longer limited to the leaders of the non-white movements and their friends and allies among the Whites. The rights of all men-white and non-white-are whittled away. Many Whites who abhor the policies of apartheid have been persecuted. Indeed, the Government and its supporters tend increasingly to claim that any dissent from the official policy is a form of treason. 158. The Government claims that this virtual state of siege is essential to ensure the survival of the Whites, but its legislative and administrative measures to prevent all peaceful resistance to apartheid have only tended to provoke violence which may precipitate a bitter conflict which can only endanger their survival. Not only the non-white leaders but many \Vhites who hate racism have come to accept violence as the only way to secure a non-racial society. Mr. Percy Yutar, prosecutor at the Rivonia trial, said in his concluding address on 25 May 1964: "Were it not for their (South African Police) action South Africa would today have found itself embroiled in a bloody and savage civil war."2' 159. Violence and fear of violence have been features of the South African scene in the recent period and the Government has countered with the "Sabotage Act" and other arbitrary legislation. Nine persons have been executed in the past year for acts arising from opposition to apartheid and thirty-five persons, including one White, await execution. These executions threaten to aggravate the already explosive situation. 160. The South African Government replies to protests by the United Nations and world public opinion against these executions, trials and detentions by claiming that such protests constitute an interference with judicial processes in South Africa. Such a claim is 2')As Mrs. Helen Suzman, Member of Parliament and a leader of the Progressive Party, said on 9 March 1964: "-lpartheid and the rule of law are incompatible, for where people are governed by consent there can be no discrimination. But if people are not governed by consent they must be governed by force and the rule of law must disappear." Professor P. V. Pistorius, another leader of the Progressive Party said: "it is impossible to perpetuate white domination unless there is a series of laws to effect repression" (Rand Daily Mail (Johannesburg), 10 March 1964). 21 The Cape Times, 26 May 1964.

68 General Assembly-Nineteenth Session-Annexes utterly misleading. The interventions of the United Nations and world opinion are not against the acts of the judiciary, which only interprets and applies the law, but against the arbitrary laws which violate the fundamental principles of justice and limit the discretion of the judiciary, as well as the acts of the executive which utilizes these laws for enforcing racial discrimination. 161. The tensions created by the policies of apartheid and repression have led the Government to embark on a massive expansion and strengthening of the security forces at great cost, as described in this report. The defence budget has risen far above the level reached at the height of the Second World War. As the Pretoria News commented on 17 March 1964, this is the price paid for the "defence of our right to practice apartheid within our borders in the face of mounting world hostility". 162. The revulsion felt by humanity at the racial policies of the South African Government, and the anxiety over the dangers of those policies, have been reflected in the imposition of total diplomatic and economic sanctions against South Africa by many States; the cessation of arms supplies to South Africa by the United States. the United Kingdom and several other States; the world-wide protests against repression in South Africa: boycotts of South African goods in many countries; and the increasing public demands for economic sanctions against South Africa under the auspices of the United Nations. 163. The South African Government, however, has resisted these pressures in the hope that decisive action will not be taken against it because of the reluctance of its major trading partners to implement economic sanctions. It continues on its course on the assumption that it can implement its plans by building up its military power and suppressing all resistance. 164. The increasing pressure of world opinion, the continued intransigence of the South African Government and the eruption of resistance in South Africa into violence have combined to create an ever more serious threat to international peace and security. A. NTON-COMPLIANCE WITH RESOLUTIONS OF THE GENERAL ASSEMBLY AND THE SECURITY COUNCIL AND REAFFIRMATION OF THE POLICIES OF apartheid (a) Non-compliance with resolutions of the General Asscmbl, and the Security Council 165. During the period under review, the Government of the Republic of South Africa has continued to refuse to comply with the decisions of the General Assembly and the Security Council on the question of the policies of apartheid, and has persisted in its hostile attitude towards the United Nations. 166. It may be recalled that on 7 August 1963 the Security Council expressed its conviction that the situation in South Africa was seriously disturbing international peace and security; strongly deprecated the policies of the South African Government in its perpetuation of racial discrimination as being inconsistent with the principles contained in the United Nations Charter and contrary to its obligations as a Member State of the United Nations; and called upon that Government to abandon the policies of apartheid and discrimination, and to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policies of apartheid. 167. The Government of the Republic of South Africa claimed, in a communication of 11 October 1963, that the Security Council did not have the juridical power to take the action envisaged by its resolution of 7 August 1963 and that the resolution could not have any binding effect on the Republic of South Africa or any other Member State. 168. On 11 October 1963 the General Assembly took note of reports that the South African Government was arranging the trial of a large number of political prisoners under arbitrary laws prescribing the death sentence and considered that such a trial would lead to a further deterioration of the already explosive situation in South Africa, thereby further disturbing international peace and security. By a vote of 106 in favour, with South Africa alone voting against, the General Assembly adopted resolution 1881 (XVIII) condemning the South African Government for its failure to comply with the resolutions of the General Assembly and the Security Council calling for an end to the repression of persons opposing apartheid; and requesting it to abandon the arbitrary trial and forthwith grant unconditional release to all political prisoners and to all persons imprisoned, interned or subjected to other restrictions for having opposed the policies of apartheid. 169. The South African Government, however, stated in a note dated 14 November 1963,22 addressed to the Secretary-General, that no reply could be expected to General Assembly resolution 1881 (XVIII) as it constituted flagrant interference in South Africa's judiciary and was beyond the competence of the United Nations. 170. As the South African Government proceeded with its course of increased apartheid and increased repression despite the above resolutions, the Security Council on 4 December 1963 unanimously adopted a resolution, in which it. inter alia. urgently requested the South African Government to cease forthwith its continued imposition of discriminatory and re)ressive measures which were contrary to the principles and purposes of the Charter and which were in violation of its obligations as a Member of the United Nations and of the provisions of the Universal Declaration of Human Rights: condemned the non-compliance by the South African Government with the appeals contained in the resolutions of the General Assembly and the Security Council: and again called upon the South African Government to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policies of apartheid. The Security Council also requested the Secretary-General to establish, under his direction, a small group of recognized experts to examine methods of resolving the present situation in South Africa through full, peaceful and orderly application of human rights and fundamental freedoms to all inhabitants of the territory as a whole, regardless of race, colour or creed. 171. The South African Government again failed to comply with the Security Council resolution and, in a communication dated 5 February 1964, described it as an "unparalleled attempt at deliberate interference" in the internal affairs of the Republic and "yet another flagrant example of the application of the 'double standard' ". It added that any form of co-operation with 22 Official Records of the General Assembly, Eighteenth Session, Annexes, agenda item 30, document A/5614, para. 3.

Annex No. 12 60 the Group of Experts established under the resolution was out of the question.23 172. On 27 March 1964 the Secretary-General drew the attention of the Permanent Representative of South Africa to the death sentence recently passed on three leaders of the African National Congress in Port Elizabeth and to several trials in the country, involving a number of leaders of the African National Congress and other political organizations, under legislation which provides for death sentences. In the light of the resolutions of the General Assembly and the Security Council, and the recommendations of the Special Committee, he requested the Permanent Representative of South Africa "to convey my urgent and earnest appeal to your Government to spare the lives of those facing execution or death sentences for acts arising from their opposition to the Government's racial policies, so as to prevent an aggravation of the situation and to facilitate peaceful efforts to resolve the situation" (see United Nations Press Release SG/SM/48, 30 March 1964). 173. In a reply dated IS May 1964 the Permanent Representative of South Africa took exception to the Secretary-General's humanitarian appeal on the grounds that it "could be construed as casting suspicion on, or bringing into disrepute, the South African judiciary and South African judicial processes", and the matter was sub judice as the three accused had been granted leave to appeal against both the verdict and the sentence imposed, and that the appeal constituted intervention in a matter of purely domestic concern of South Africa (see United Nations Press Release SG/SM/74, 18 May 1964). 174. On 20 April 1964, the Secretary-General transmitted to the Security Council the report of the Group of Experts which recommended, inter alia, that "all efforts should be directed toward the establishment of a national convention, fully representative of the whole population of South Africa, to set a new course for the future", and made suggestions concerning "the establishment of such a national convention, the assistance which the United Nations and other international organizations may offer to the people of South Africa to help them resolve the present situation and the means to concert pressure on the South African Government to accept a peaceful and democratic solution through a National Convention".24 175. In a letter dated 22 May 1964, the Permanent Representative of South Africa claimed that the report of the Group of Experts "consists to a large extent of inaccuracies, distortions and erroneous conclusions on false premises", and declared that "for obvious reasons the South African Government can see no useful purpose in commenting on the detailed proposals for a national convention and its agenda".25 176. On 9 June 1964 the Security Council adopted resolution S/5761 urging the South African Government to renounce the execution of the persons sentenced to death for acts resulting from the opposition to the policies of apartheid; to end forthwith the trial in progress, instituted within the framework of the arbitrary laws of apartheid; and to grant an amnesty to all persons already imprisoned, interned or subjected to other restrictions for having opposed the policy of 23 Official Records of the Security Council, Nineteenth Year, Supplement for AIpril, May and June 1964, document S/5658. 24 Ibid. 25 Ibid., document S/5723. apartheid, and particularly to the defendants in the Rivonia trial. 177. In a reply dated 13 July 1964,26 the Permanent Representative of South Africa reiterated that "South Africa regards intervention by the United Nations in the judicial processes of a Member State as completely illegal and ultra vires the United Nations Charter". Transmitting the judgement given in the Rivonia trial, "without prejudice ... to the legal position of the South African Government in this matter", he added: "It is evident both from the discussion in the Council and from the text of the Council's resolution that deliberate attempts have been made to distort, in the eyes of the United Nations and of world public opinion, the nature of the case against the defendants in the Rivonia trial and to represent the trial as an executive act undertaken by the South African Government to secure the imprisonment of certain individuals for having opposed the policy of apartheid. "The South African Government rejects with contempt the imputations against the South African judiciary which are inherent in this misrepresentation. It is confident that a perusal of the judgement in the Rivonia trial will enable any impartial observer to appreciate that the charge that the defendants in the Rivonia trial were prosecuted 'for having opposed the policy of apartheid' is a perversion of the facts." 178. On I8 June 1964 the Security Council adopted a resolution reiterating its appeal to the Government of the Republic of South Africa to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policies of apartheid. It urgently appealed to the South African Government: "(a) To renounce the execution of any persons sentenced to death for their opposition to the policy of apartheid; "(b) To grant immediate amnesty to all persons detained or on trial, as well as clemency to all persons sentenced for their opposition to the Government's racial policies; "(c) To abolish the practice of imprisonment without charges, without access to counsel or without the right of prompt trial." It invited the South African Government to accept the main conclusion of the Group of Experts that "all the people of South Africa should be brought into consultation and should thus be enabled to decide the future of their country at a national level", to co-operate with the Secretary-General in promoting such consultation among representatives of all elements of the population in South Africa and to submit its views to him with respect to such consultation by 30 November 1964. 179. On 16 November 1964, the Permanent Representative of South Africa transmitted a letter from the Minister of Foreign Affairs describing the resolution as intervention in matters falling within the domestic jurisdiction of a Member State and as seeking the abdication of its sovereignty in favour of the United Nations. The Minister of Foreign Affairs refrained from responding to the appeal and invitation to the South African Government.27 180. Meanwhile, on 6 November 1964. Vuyisile Mini, Wilson Khayinga and Zinakile Mkaba were exe26 Ibid., Aincteenth FYear, Supplement for July, August and SePte;',ber 1061, document S/5817. 2711id.. Supplemnet for October, .,oeher and December 194, docvment S/6053.

70 General Assembly--Nineteenth Session-Annexes cuted in defiance of the resolutions of the General Assembly and the Security Council and despite the urgent appeals by the Secretary-General, the Special Conunittee, the African group at the United Nations, the Second Conference of the Heads of State or Government of the Non-Aligned Countries and numerous international organizations. (b) Rclcllous attitude and hostility towards the United Nations, and scorn of world public opinion 181. While the South African Government continued to refuse to comply with the decisions of the principal organs of the United Nations, its leaders have attacked the United Nations and its decisions and the attitude of Member States towards the policies of apartheid in the Republic of South Africa, and rejected any policy changes in response to world opinion. 182. Some of the statements of the South African leaders are summarized below: 183. On 18 September 1963 Mr. Eric Louw, then Minister of Foreign Affairs, stated that if the United Nations ceased to exist it would be a "blessing".28 184. In regard to the Security Council resolution of 4 December 1963, the Minister of Posts and Telegraphs and of Health. Mr. A. Hertzog, stated on 16 December: "The object ,f4 our enemies is to obliterate the white man.. . The struzgle of today is practically the same as that of our ancestors, except that it is being waged more ruthlessly. The enemies of today are like those of long ago._. [who] tried to ban arms consignments to the Voortrekkers..."29 185. In his review of international affairs at the end of the year 1963, Mr. Eric H. Louw, then Minister of Foreign Affairs, declared: "The question is often put to me: 'How do you see the future of the United Nations?' My reply invariably is that if it continues on its present course, and if the General Assembly continues to be used as a forum for airing grievances and for attacking Member States, then the Organization will sooner or later come to an inglorious end-'unwept, unhonoured and unsung'- except perhaps by the Afro-Asians, who will have lost a useful weapon of attack."3 186. Speaking in the House of Assembly on 21 January 1964, the Prime Minister, Mr. H. F. Verwoerd criticized the "obsession" of bodies like the United Nations with the relationship between Whites and nonwhites, and declared: "I contend therefore that present-day international politics prove that the world is sick, and that it is not up to South Africa to allow herself to be dragged into that sickbed. It is white South Africa's duty to ensure her survival, even though she is accused of being isolated under such a policy... "Furthermore, I contend that the West is sick and not only the world as a whole. The West is closest to us. There we find our natural friends ... The tragedy of the present time is that in this crucial stage of present- day history, the white race is not playing the role which it is called upon to play and which only the white race is competent to fulfil. If the Whites of America and of Europe and of South Africa were dissolved in the stream of the black masses, what would become of the future of the world and 25 Reuters, 18 September 1963. 29 The Cape Times, 17 December 1963. 30Southern Africa (London), 3 January 1964. of the human race? What would become of its science, its knowledge, its form of civilization, its growth, its peace, etc. ? "What we are dealing with here is the preservation of the white man and of what is his, and only in respect of what is justly his, coupled with the recog. nition of the other people's rights s 187. Referring to South Africa's withdrawal from the Food and Agriculture Organization of the United Nations on 18 December 1963, he continued: "... the Republic, at a time when there was no demand that South Africa should withdraw but when our friends created difficulties, decided of its own free volition no longer to remain a member of a body in which in any event South Africa had no particular self-interest. In the same way we shall use our judgment in a sensible and careful manner in respect to other world organizations. That also applies to the United Nations.'32 188. With regard to South Africa's membership in the United Nations, the Prime Minister stated in the House of Assembly on 24 April 1964: "... South Africa's membership of various bodies is dependent upon what is in the best interests of South Africa in the opinion of the Government... I reject as absolutely incorrect and untrue the insinuation that continued membership is the only proof of our readiness to fight for South Africa and that we are leaving South Africa in the lurch when we give up our membership under certain circumstances. There are circumstances in which one serves the best interests of one's country by not being a member of a particular body and in which one serves the best interests of one's country ... by choosing one's own methods of fighting. The same thing applies to the United Nations. The policy of South Africa is to remain a member of the UN as long as it is considered to be in the interests of South Africa. If circumstances should arise under which it will no longer be in the interests of South Africa, then she will no longer remain a member."33 189. On 25 April 1964 the Prime Minister declared at a National Party rally at Paarl that South Africa would stand firm in the face of outside pressure. He said there were two reasons for confidence, first, the path chosen by the Government satisfied the basic requirements of justice to all sections of the population, and second, South Africa was one of the bastions of white civilization and Christendom: "The whole world is dependent on ... the white nations. Africa will fall into chaos and disorder without the protecting hand of the white nations." He added that the Western Powers were willing to make concessions to the African States on one point after another to win their votes in the United Nations, and expected the South African Government to make the same sort of concessions. South Africa, he said, would be sacrificing her existence once she started to make concessions. "I believe that there will come a time when the Powers will draw the line and will refuse to be pushed any further ... It seems that the boycotts and other threats are bringing the Western Powers 31 Republic of South Africa, House of Assembly Debates (Han.sard), 21 January 1964, cols. 53 and 54. 3' Ibid., cols. 60 and 61. 33 Ibid., 24 April 1964, cols. 4899 and 4900.

Annex No. 12 71 to a point where they will eventually have to decide whether they can make further concessions."34 (c) Reaffirmation of the policies of apartheid 190. As may be seen from the above review of responses to United Nations decisions, the Government of the Republic of South Africa has continued to reaffirm its racial policies and has rejected any modification in the direction af racial harmony based on racial equality. 191. In a statement in the House of Assembly on 23 April 1964, that is. three days after the publication of the report of the Group of Experts established in pursuance of the Security Council resolution of 4 December 1963, the Prime Minister, Mr. H. F. Verwoerd, stated that in any attempt to "link up the various racial groups in one multiracial society, the majority group will and must eventually become the dominant group... From a multiracial society we can expect no other result than... one man, one vote, or black domination ... If South Africa wants to achieve its objective of remaining white, there is only one method, and that is to segregate the Whites and the Blacks".5 He continued: "Integration has proved an outright failure ... We shall be able to prove that it is only by creating separate nations that discrimination will in fact disappear in the long run. . . They (the African States) want their ideas to triumph in our country so that the white man can disappear from this country...,36 192. Indeed, the Prime Minister declared at a Nationalist Party rally at Klerksdorp in November 1963: "Once one started to make concessions one would have to go all the way and that would never succeed in South Africa. "Even some of our own people are now advocating a change in our point of view, saying that it will have to come sooner or later. This is particularly so in clerical circles. "But I want to warn these people that they are on the wrong track."3y 193. In a New Year's Eve broadcast, the Prime Minister described South Africa's course as the giving of each racial group "attainable ideals in its own community under its own leaders". He added that loss of control by the white man would ruin the economy and bring misery to all sections of the population. The Whites were, therefore, justified in refusing to commit national suicide and in fighting for self- preservationY8 194. The Minister of Transport, Mr. B. J. Schoeman, told the House of Assembly on 23 January 1964: "The policy of this party is to discriminate. That is why we discriminate.""9 195. Whatever policy adjustments have been made by the South African Government, and these are noted in subsequent sections of this report, they are entirely within the framework of the fundamental principles 34 The Cape Times, 27 April 1964; South African Digest (Pretoria), 1 May 1964. U Republic of South Africa, House of Assembly Dcbates (Hansard), 23 April 1964, col. 4816. 361bid., cols. 4814-4821. 37 The Cape Times, 4 November 1963. ISibid., 1 January 1964; So-uthern Africa (London), 3 January 1964. 39Republic of South Africa, House of Assembly Debates (Hansard), 23 January 1964, col. 171. of aPartheid and are only meant to facilitate the imposition of apartheid. (d) New propaganda line 196. The South African Government, however, has continued to present the policy of apartheid-the policy of "separate development" or "orderly coexistence" as it is described-as reasonable and just or as the only practicable policy which can satisfy the interests of the Whites and also provide some benefits to the nonwhites. It has attempted to persuade non-whites to accept this policy as the only attainable objective since racial equality would be resisted. It has sought to argue that it was willing to grant equal rights to non-whites, but that the controversy was only as to when and where these rights would be exercised. It has made assiduous efforts to project these propaganda lines in an effort to confuse opinion at home and abroad. 197. A few statements by Government spokesmen during the past year are illustrative. 198. The Minister of Bantu Administration and Development, Mr. M. D. C. de Wet Nel, said at the opening of the Transkei Legislative Assembly in December 1963: "We have one fatherland and we all belong to South Africa. White and Bantu need each other and must help each other. Our technical knowledge and competence are necessary for the development of your area. Our prosperity is your prosperity and our strength is your strength. Likewise is our safety your safety and towards the outside world we stand together as children of South Africa."40 199. The South African Ambassador to the United Kingdom, Mr. Carel de Wet, stated in March 1964: "It seems to me that separate development and happiness with progress for all are bedfellows... "My Government stands immovable on our birthright as a distinct white nation to survive and rule in those parts of South Africa which we have settled and civilized ... 41 "We are working with black nationalism, not against it ... The sun is shining for all in the Republic of South Africa."42 200. The Minister of Economic Affairs and of Mines, Mr. N. Diederichs, said at the United Nations Conference on Trade and Development in Geneva on 8 April 1964: "The experience of my country, which extends to as great a diversity of peoples as can be found in any land, indicates that capacity for development is found among all peoples. "It is indeed our policy freely to extend the process of development among all the peoples of South Africa and notable successes have been achieved among all of them."43 201. The Prime Minister said in a Republic Day broadcast on 31 May 1964: "It (the Republic) is planning for a happy and prosperous coexistence for all its peoples.. "It seeks to embark the peoples entrusted to its care on their own adventurous future and will not 4°Southern, Africa (London), 20 December 1963. 41 South African Digest (Pretoria), 26 March 1964. 42 Quoted in The Observcr (London), 22 March 1964. 43 The Cape Times, 9 April 1964.

72 General Assembly-Ninete clutch greedily at their land which is theirs to govern and to develop.'4 202. The Minister of Foreign Affairs, Mr. H. Muller, speaking in the House of Assembly on 8 June 1964. described the Government's policy as one of freeing nations-a process which would give each population group what it deserved as its own.45 203. The Prime Minister said in Vryburg on 8 August 1964 that it was a fallacy to say that racial friction and clashes were the results of the Government's policy. The aim of the policy of separation was to eliminate friction and discrimination. Discrimination could only be eliminated if every race was allowed to develop to its fullest capacity within its own sphere. Once one started to make concessions in a State with more than one race group, the pressure for further concession, became stronger and stronger. Such a policy would lead to discrimination. Only through separate development could discrimination be eliminated.46 204. The Minister of Foreign Affairs, Mr. Muller, said in Cologne, Germany, on 30 September 1964: "Full implementation of our policy will bring about a situation in which discrimination will disappear."47 205. The South African Government describes its racial policy as a "four-stream policy" for the parallel development of the four main racial groups-the Whites, the Coloured people, the people of Indo-Pakistan origin and the Africans. The Africans would exercise political rights in the reserves which constitute less than 13 per cent of the territory. The Whites would exercise sovereignty in the rest of the country, while the other two racial groups would be granted certain legislative and administrative powers through the establishment of national and local councils. 206. Central to this policy is the view that the population of South Africa does not constitute a single nation, but several nations and that the ultimate objective should be a commonwealth of nations in which no nation would dominate another. For instance, the Prime Minister said, as quoted in the communication of 22 May 1964, from the Permanent Representative of South Africa to the President of the Security Council: "We want each of our population groups to control and to govern themselves as is the case with other nations. Then they can co-operate in a commonwealth-in an economic association with the Republic and with each other... "I envisage development along the lines similar to that of the Commonwealth. In other words, I perceive the development of a Commonwealth of South Africa. in which the white State and the black States can co-operate together, without being joined in a federation, and therefore without being under a central government, but co-operating as separate and independent States. In such an association no State will lord it over any other. They will live rather as good neighbours."'48 207. The main reason for the rejection of the possibilitv of a unified Stated was explained in June 1964 by Die Burger. a pro-government newspaper, which noted in reference to the report of the Group of Experts 44 Ibid., 1 June 1964. 4 Ibid., 9 June 1964. 46 Ibid., 10 August 1964. 47 Ibid., I October 1964. 48 Official Records of the Security Council, Nineteenth Year. Supplement for April, May and June 1964, document S/5723. enth Session-Annexes established in pursuance of the Security Council resolution of 4 December 1963: "They want us to stand for a united South Africa, for then they have us in the crush-pen that leads to black majority government. After all, if under such circumstances we should resist that final result, then their charge of permanent supremacy is proved beyond doubt. "... the truth is that standpoints which presuppose an undivided South Africa are at present playing into the hands of our enemies. South Africa can no longer be defended on that basis in the international council chambers. If we say that we are going to remain undivided, then they say that we must accept the consequences of that, namely progress in the direction of 'one man, one vote' and black majority government . . . But they cannot get past the principle of separate freedom, as a principle.'49 B. PURSUIT OF apartheid 208. The essence of the racial policy of the South African Government, as indicated earlier, is to deprive the African of all rights in 87 per cent of the area of the country, which is to form the "white" State, in return for limited self- government and promise of eventual self-government in the scattered African reserves, which account for 13 per cent of the area of the country, reconstituted as several "national homelands". All Africans would be regarded as citizens of these "homelands". The majority of Africans, however, live in the "white" area and greatly outnumber the Whites: their status would be that of alien labourers with no rights, and they can expect nothing more than payment for their labour, housing and perhaps consultation on municipal affairs. 209. The Coloured people and the Indians who constitute more than a third of the population in the "white" area would be minorities, but they too would have no right of representation in the sovereign Parliament. They would be entitled only to segregated councils which would eventually receive powers to legislate for certain matters affecting their own communities. 210. In implementation of this policy, the Government has adopted significant measures during the past year. The Bantu Laws Amendment Act. No. 42, 1964, has been promulgated to deprive the Africans of all rights of residence, movement and employment outside the reserves and place them under total administrative control. The Coloured Persons Representative Council Act, No. 49, 1964, has been promulgated and the National Indian Council set up as a step towards the fulfilment of the promise of segregated and subordinate legislative bodies. Meanwhile, tinder the Group Areas Act. No. 41, 1950, all urban areas are being divided on racial lines at the cost of uprooting hundreds of thousands of non- white families. Large numbers of Africans, especially women and children, are being expelled from towns and sent to the reserves. Racial separation is being enforced in every sphere of activity, including education, sports and scientific associations. A "hantustan" has been established in the Transkei and others are being prepared. These developments are reviewed below under the following heads : (a) The Bantu Laws Amendment Act of 1964 (Act No. 42 of 1964). 49 The Cape Times, 3 June 1964.

Annex No. 12 73 (b) Residential segregation and related measures outside the African reserves. (c) Establishment of councils and committees for non-white racial groups. (d) Other apartheid measures outside the African reserves. (e) Developments in the Transkei and other African reserves. (a) The Bantu Laws -Imendment Act of 1964 (Act No. 42 of 1964) 211. The Bantu Laws Amendment Bill of 196410 was introduced in Parliament on IS February 19(4, passed in the House of Assembly on 7 April and in the Senate on 15 May. and assented to by the State President on 15 May. The Act not only consolidates a number of existing legislative provisions concerning Africans outside the reserves, but adds significantly to previous legislation in order to ensure total administrative control over their residence, movement and employment. 212. The essence of the legislation was explained hy Mr. M. C. Botha, Deputy Minister of Bantu Administration and Development, in the House of Assembly on 7 April 1964 as follows: "Dominating all this is the one aspect of our policy, namely that the Bantu's presence in the urban areas is justified by the labour he does... 1 "Every Bantu must obtain permission to enter and to live in an urban area or a proclaimed area; he must obtain permission at the Bureau to work there or he must obtain permission to enter from the local authority official concerned. That is fundamentally necessary in each case."5 213. Mr. Greyling, a National Party member of the House of Assembly, explained on 4 March 1964: "...there is no such thing as 'the rights of a Bantu' in the white area. The only rights lie has are those which he acquires by performing certain duties. Those duties which lie performs give him the right of sojourn here. The officials in these labour bureaux, in considering whether they are going to allow a Bantu to remain here, will have to give priority to the consideration as to whether that Bantu has carried out his duties as a worker, and not whether he has a supposed right which has been invented for him by members of the United Party.' (i) Main provisions of the Act 214. In terms of this Act, all urban areas and any other areas the Minister so proclaims would be "prescribed areas". A network of municipal, district and regional labour bureaux would be established in the offices of the Bantu Affairs Commissioners. No African who is not seeking work may remain in these prescribed areas without obtaining permission from the district or municipal labour officer. Any person employing in a 50 The Bantu Laws Amendment Bill was originally published in February 1963 and aroused widespread opposition. An abridged version was enacted as Act No. 76 of 1963, and was reviewed in the report of the Special Committee of 13 September 1963 (see Official Records of the General .4ssembly, Eighteenth Session .4nnexes, addendum to agenda item 30, document A/5497, paras. 190- 194 and 222-227). The remaining provisions, as revised, were introduced on IS February 1964. 5Republic of South Africa, House of Assembly Debates (Hansard), 7 April 1964, col. 3809. 52 Ibid., col. 3808. ". Ibid., 4 March 1964, col. 2463. prescribed area an African who has not been granted such permission, is liable to three months' imprisonment, 215. The district or municipal labour officer may grant or refuse permission for an African to be in a "prescribed area". He may refuse to sanction the employment or the continued employment of any African and cancel the contract of employment between any employer and any African if he is satisfied, inter alia, that thie contract is not bona fide; that the African has not been released from the obligation of rendering service to his previous employer: that he refuses to submit himself to a medical examination; or that such employment "impairs or is likely to impair the safety of the State or of the public or of a section thereof or threatens or is likely to threaten the maintenance of public order, provided the Secretary (for Bantu Administration and Development) concurs in such refusal or cancellation". 216. Any African who is refused permission by the municipal officer to take up employment or whose contract has been cancelled may be referred to an "aid centre" or to the district officer who may offer him "suitable work" either in his area or in another area or nav require him and his dependants to leave the lirescribed area within a period determined by him.4 The Bantu Affairs Commissioner may hold a court in an "aid centre" and exercise jurisdiction over the employment and repatriation of an African to his home, last place of residence, settlement, rehabilitation scheme or "any other place". 217. An African who fails to comply with an order received at an "aid centre" may he endorsed out of an urban area. Appeals can be made to the Chief Bantu Affairs Commissioner against a removal order, but it is left to the discretion of the Bantu Affairs Commissioner to permit the African to remain in the prescribed area pending his appeal. 218. Any authorized officer may arrest without warrant any African in a prescribed area if he has reason to believe that the latter is an "idle or undesirable person" and take him before a Bantu Affairs Commissioner. The definition of an "idle person" has been widened and includes any African who is unemployed, though capable of being employed; fails to provide support to his dependants; who has refused suitable employment offered to him by a labour bureau on three consecutive occasions; who has on more than two consecutive occasions failed to keep employment for at least one month due to his own "misconduct. neglect, intemperance or laziness": who has been discharged on more than three occasions during any period of one year due to his own misconduct: or who fails to depart from the area concerned within the specified period after he was ordered to depart. Bona fide housewives, women over 60 and men over 65 are exempt from this provision. 219. The definition of an "undesirable person" includes any African who has been convicted (a) more than once over any period of five years of an offence such as rape, robbery, arson and fraud. included in the third schedule of the Criminal Procedure Act, No. 56, 1955: (b) more than once in a period of three years of the use of habit-forming drugs or the illegal sale of intoxicating liquor; (c) of an offence involving public 1 The Act states that an African shall not be detained at an "aid centre", but that nothing shall prevent any African who is unemploycd or who is in an area unlawfully from being admitted to an aid centre at his own request.

74 Ceneral Assembly-Nineteenth Session-Annexes violence or violence to an officer concerned with Bantu Affairs Administration while he was carrying out his duties; (d) of possession of unlicensed firearms; or (e) of political offences such as riotous assembly, membership of banned organizations or sabotage. 220. If an African is declared "idle" or "undesirable" and cannot prove otherwise, he may be removed to "any place" indicated by the Bantu Affairs Commissioner or detained in custody pending his removal, or "detained" in a "retreat" or "farm colony" and made to perform labour as prescribed. 221. The Act lays down a number of conditions to be complied with for an African woman to be allowed to enter or remain in prescribed areas.55 222. The Act authorizes the State President to make regulations on a wide variety of aspects of an African's life including the control and siting of housing, facilities, recruitment and "treatment and disposal". (ii) Opposition to the Act 223. The Bill was strongly opposed in Parliament by the United Party and the sole member of the Progressive Party. They pointed out that under previous legislation, Africans in urban areas acquired residence rights if they had been born in the area and had lived there continuously, or had worked for one employer for not less than ten years and had continuously resided there lawfully for not less than fifteen years.56 Even these limited rights were now removed as they were left to the discretion of the Chief Bantu Commissioner. The right of an African to sell his labour freely and the right to have his wife and family with him were also taken away. The assurances of the Government that the new Act would be administered humanely and that the intention was merely to ensure better co- ordination and control, failed to allay the fears of the opposition.57 224. Sir de Villiers Graaff, leader of the United Party, said on 18 February 1964 that the Bill would turn all Africans outside the reserves into a "vast floating pool of labour, from which individual units could r, By the repeal of section 23 (d) (i) of the original Act, African women have been deprived of the statutory right to enter an urban area to visit their hushands for a period of 72 hours (usually known as a "conception visit") if their husbands bad been in the area for two years. 5 Native (Urban Areas) Consolidation Act, 1945, sub-section (1) of section 10. 57 5'. for instance, the followittg passage from the letter of 22 May 1964 from the Permanent Representative of South Africa to the United Nations to the President of the Security Council: "A detailed exposition of the ohectives of the legislation would fill many pages, but by way of illustration it can be said that Bantu employed in "white" areas will continue to be so employed, that those who lose employment in "white" areas will he placed in employment by the Bantu labour bureaux in "white" areas wherever employment is available, and that only if employment is not available will the question arise of resettlement in the Bantu homelands. There is no denial of the freedom of the Bantu to work and live in "white" areas in so far as employment is available. Indeed, large numbers of Bantu are recruited for employment in "white" areas and others are assisted in various ways to obtain such employment. The over-all objective is to coordinate and canalize ,ill fascets of labour supply and demand, in order to avoid flooding of the labour market, unemployment and inadequate housing. "It remains to he seen whether the hardships which the critics of the legislation envisage, will in fact bc experienced by the Bantu concerned. The South African Government is confident that time and experience will provide the proof of the good intentions underlying the legislation." (Official Records of the Security Council, Nineteenth Year, Supplement for April, May and June 1964, document S/5723). be detached from time to time".58 He stated on 7 April that the Bill "is placing officials in a place where they are invading the sphere of the courts... and there are virtually no safeguards as to how those powers are going to be exercised"." 225. Mrs. Suzman, Progressive Party member of the House of Assembly, charged: ..*. The Government does not consider the black man as a human being. It does not regard him as a person with the normal aspirations of a human being and the normal aspiration to have a secure family life."6o She said on 7 April that the Government appeared to imagine the African as a "disembodied pair of black hands", present in the "white" areas to work for the white man as long as required, without normal wants and natural demands of a human being."' 226. Senator R. D. Pilkington Jordan (United Party) stated on 4 May that the Bill "converted the Bantu into labour slaves". He said it was the death warrant of a host of rights Africans had enjoyed as citizens of South Africa, and gave wide powers to junior officials against which there was no right of appeal except to other officials.62 227. The Star (Johannesburg) commented on 24 February 1964: "The Bantu Laws Amendment Bill is being represented by some as merely a tightening of influx control. It is, of course, something much more fundamental than that. It is an attempt to change, once and for all, the whole status of the urban African to conform with the apartheid theory. "Some forty years ago the Stallard Commission on Native Labour laid down the principle on which this Bill is based. 'The native should be allowed to enter urban areas, which are essentially the white man's creation, when he is willing to enter and to minister to the needs of the white man, and should depart therefrom when he ceases to minister.' "As a factual statement of the situation this was hardly true then, and nearly half a century of urban progress and rural decay has destroyed any validity it may have had. "There is now a large permanent urban African class whose members, to quote one of them, were 'born, bred and buttered' in the towns and know no other home or way of life. To attempt to destroy such a class by legislation is humanly and economically indefensible. "Economically, because its stability and the skills that depend on stability are urgently needed in the towns (and 5, Republic of South Africa, House of Assembly Debates (Hansard), 18 February 1964, col. 1517. 5i Ibid., 7 April 1964, col. 3759. (o ibid., 25 February 1964, col. 1952. 1 Ibid., 7 April 1964, col. 3795. 62 The Se'iate of the Republic of South Africa, Debates (Official Report), 4 May 1964, cols. 3184 and 3185. On 24 February 1964, the Deputy Minister of Bantu Administration and Development, Mr. M. C. Botha, argued that it was not correct to say that the "so- called rights" of Africans were being removed. The Act affected only the Africans who were in "white" areas illegally, or who were "work-shy", "idle", "undesirable" or "superfluous". Such persons could be removed tinder the previous legislation. The new Act only extended the definition of persons who could be removed. He objected to the contention that the Act removed the citizenship rights of the Africans in urban areas. Fundamentally, he said, all Africans were restricted from residence in urban areas without special permission, Certain categories had been exempted from this restriction, under Section 10 of the Native Urban Areas Act, but these exemptions from restrictions were not "rights of citizenship" or "any rights" but simply arrangements for Africans to remain in urban areas. (Republic of South Africa, House of Assembly Debates (Honsard), 7 April 1964, cols. 1861-1864 and 3809). Annex No. 12 75 never more so than hw) and because there is no comparable demand in the 'homelands' nor any prospect of such a demand arising in the present generation. "The Government is not in fact attempting directly to reducc the number of urban Africans. It is trying instead to convert them into a rotating labour force, with no permanent roots or family life in the towns. "The cost in human terms of this policy if logically applied will be incalculable, It may in practice not be so applied, simply because the disruption it would cause would throw the whole of South Africa's rising economy out of gear and create unmanageable difficulties in the 'homelands'. "The individual hardship will, nevertheless, be immediate and the insecurity general and paralysing." 228. The South African Institute of Race Relations stated on 28 February 1964: "The Institute is convinced that by its contemplated actions the Govenrment will cause a further deterioration of race relations and by imperiling the security of the majority of Africans imperil the security of all peoples in the Republic. .. It is of the opinion that in addition to undermining security, it will heighten instability, discourage Africans from acquiring that sense of belonging to a community which is essential to the development of ordered social life, and inhibit the growth of an African middle class."063 229. The Christian Council of South Africa, representing twenty-eight churches, said in March that the Bantu Laws Amendment Bill "infringes on certain basic Christian concepts concerning family life and the dignity of the individual".C4 230. The Conference of Roman Catholic Bishops of South Africa condemned the Bill on 17 March 1964 as "a negation of social morality and Christian thinking". The Conference stated that the Bill: "... is an invasion of primary human rights... deprives African citizens of a strict right to residence, movement and employment outside the Bantu areas, that is. in four fifths of the entire Republic. It would strip the African of his basic freedoms in the country of his birth, making him dependent upon the possession of a permit to explain his presence anywhere, and at any time, outside the 'Bantu homelands'. This is not consonant with any concept of the dignity of the human person."65 231. The Roman Catholic Archbishop of Cape Town, the Most Rev. Owen McCann, stated on 1 May 1964: "The Bantu Laws Amendment Act treats the Bantu as a labour unit, not considering his personal dignity and the rights flowing from this dignity. It disregards the family obligations he may have, and in fact continues the sad break-up of family life which is one of the evils of the system. We know it is disastrous to family life-that it induces instability of marriage, mal- education of the offspring and delinquency and leads to immorality."6 232. The Interdenominational African Ministers' Association of Southern Africa, an organization of African ministers of all denominations, representing four million South African Christians, said in a press statement in May that it was convinced, in spite of the ministers' assurance to the contrary, that the Bantu 63 Race Relations News (Johannesburg), March 1964. 04Rand Daily Mail (Johannesburg), 4 March 1964. 65 Reuters, 17 March 1964. 66 The Cape Times, 2 May 1964. Laws Amendment Act would disrupt African family life: "We wish to emphasize that the African ministers of all denominations have been law abiding and have always opposed disobedience to the laws of the State, but have now reached a point where legislation such as this places the African minister in an unenviable position of standing for Christian justice and at the same time having to convince the Africans that such laws are for their good." In a memorandum to the Minister, the association asked that the Bill be amended and that there be no hindrances in the way of husbands and wives coming together and living with their children.67 (b) Residential segregation and related measures outside the African reserves (i) Implementation of the Group Areas Act, No. 41, 1950 2.33. The Group Areas Act, No. 41, 1950, which provides for the forcible separation of racial groups, continues to be implemented actively though the General Assembly has repeatedly called upon the South African Government to refrain from enforcing its provisions (see General Assembly resolution 395 (V) of 2 December 1950, 511 (VI) of 12 January 1952, 615 (VII) of 5 December 1952 and 719 (VIII) of 11 November 1953). 234. Numerous group area declarations have again been published during the period under review, ordering the clearing of a number of settled communities.8 '7 Ibid., 19 May 1964. 68 The declarations issued between 6 November 1962 and 30 August 1963 were listed in the report of 13 September 1963 (see Official Records of the General Assembly, kighteenth Session, addendum to agenda item 30, document A/5497, para. 162). The following declarations of group areas have been issued since 30 August 1963 and published in the Government Gazette on the dates indicated: 13 September 1963-Group areas for Coloureds and Indians at Ermalo, Transvaal; for Whites at Ottoshoop, Transvaal; 18 October 1963-Group areas for Coloureds at Hawston, Cape; 25 October 1963-Group area for Indians at Mountain Rise, Natal; 1 November 1963-Group areas for Whites and Coloureds at Riversdale, Cape; for Whites at Algon Park, Port Elizabeth, Cape; for Whites and Indians at Krugersdorp, Transvaal; for Whites at Randfontein, Transvaal; for Whites and Coloureds at Roodespoort, Transvaal; 22 November 1963-Group area for Whites at Somerset 'Kest, Cape; 6 December 1963-Group areas for Whites and Coloureds at Tarkastad, Cape; for Whites and Coloureds at Malmesbury, Cape; 3 January 1964-Group areas for Coloureds at Ventersburg, Orange Free State; 7 February 1964-Group areas for Coloureds at Fauresmith, Orange Free State; 21 February 1964--Group area for Whites at Springs, Transvaal; 28 February 1964-Group area for Whites and Coloureds at Piketberg, Cape; 13 March 1964--Group areas for Whites and Coloureds at Swellendam, Cape; 20 March 1964--Group areas for Whites and Indians at Greytown, Natal; 26 March 1964-Group areas for Whites, Coloureds and Indians at Standerton, Transvaal; 10 April 1964-Group areas for Whites at Victoria West, Cape; for Whites and Coloureds at Villiersdorp; for Whites and Coloureds at Upington, Cape; 24 April 1964-Group areas for Whites at Dullstroom, Transvaal; for Whites at Belfast, Transvaal; for Whites at

General Asseinbly-Nineteenth Session-Annexes The Minister of Planning, of Economic Affairs and of Mines, Mr. J. F. NV. Haak, announced on 10 September 1964 that 771 group areas had been proclaimed for different races in 183 centres by the end of July. These orders required the removal of hundreds of thousands of non-whites from areas in which they had resided, in many cases, for several generations. 235. The proclamations in Durban alone, issued on 4 October 1963, involved the eviction of nearly 10,000 families." The recent proclamations in Transvaal are designed to resettle virtually all of the 38,000 Indians"0 on the Rand, thus enforcing almost total residential segregation of Indians in the Transvaal.71 23(. The declarations, as a rule, reserve the central areas of the town to Vhites, and require the relocation of non-whites in communities on the outskirts with buffer zones separating each community from the other. The non-whites have repeatedly complained that such moves ruin their businesses and necessitate long journeys to work.72 237. Relatively few Whites are affected by group areas proclamations.73 Machadodorp, Transvaal; for Whites and Coloureds at Jansenville, Cape; 8 May 1964---Group area for Wlhites at Carletonville, Transvaal; 5 June 1964-Group areas for Whites at Athlone, District of Wynberg; for Whites at Southfield, Cape; 19 June 1964-Group areas for Whites and Coloureds at Griquatown, Cape; for Whites and Coloureds at Ritchie, Cape; 26 June 1964-Group areas for Whites and Coloureds at Napier, Cape; 24 July 1964-Group areas for Whites at Naboomspruit, Transvaal; for Whites and Coloureds at Cape Peninsula, Cape; 31 July 1964-Group area for Coloureds at Pietermaritzburg, Natal; 7 August 1964-Group areas for Whites, Coloureds and Indians at Potchefstroom, Transvaal; for Whites and Coloureds at Calvinia, Cape; for Whites and Coloureds at Heidelburg, Cape; 28 August 1964--Group area for Whites at Stellenbosch, Cape; 9 October 1964-Group area for Coloureds at Riviersonderend, Cape; 23 October 1964-Group areas for Whites at Kimberley, Cape; and for Whites at Waterval-Boven, Cape; 30 October 1964-Group areas for Whites and Coloureds at French Hock, Cape; and for Whites and Coloureds at Bredasdorp, Cape ; 13 November 1964--Group areas for Whites at Nigel, Transvaal; and for Whites and Coloureds at Sutherland, Cape. 61 The N.CT Vork Times, 7 October 1963. A deputation of persons of Indian and Pakistan origin from Cato Manor, Durban, complained to the Minister of Coloured Affairs, of Community Development, and of Housing, Mr. P. W. Botha, on 21 November 1963, that although their community made up only a tenth of the non-African ipulation, it had been oblieed to make nine tenths of the sacrifices under the Group Areas Act. They stated that 125,0C0 persons of Indian and Pakistan origin had been affected, compared with 4,000 Whites and 10,000 Coloureds (Rand Daily Mail (Johannesburg), 22 November 163; The Cape Times, 22 November 1963). 70 The term "Indian" is commonly used to refer to people of Indo-Pakistan origin. 71 The Star (Johannesburg), weekly edition, 5 October 1963. 72 Mr. S. Lotter, a delegate to the annual conference of the Trade Union C,,uncil of South Africa, proposed on 14 April 1964 that the Government should consider paying a travelling allowance to non-white workers who wvere forced to live long distances from their jobs through the implementation of the Group Areas Act. He pointed out that the train and bus fares represented a serious hardship to lower income groups (The Cap" Times, 15 April 19641. . An exception was Residencia, a town 12 miles from Verceniging, with a population of 2,000 Whites. The town was proclaimed a white area in 1962, but the residents protested 238. The group areas declaration for Standerton, issued in March 1964, reserves the central area for the \Vhitc and requires the Indians and the Coloured people to move about a mile from the town centre. Four hundred Indian families, some of whom settled there seventy-five y'ears ago. are affected. They claimed that the move would mean complete ruin for their trade, as their white customers are not likely to go to shop in the segregated area.74 239. A ten-block area in the centre of Stellenbosch, the home of 2,000 Coloured people, was declared a "white" area in August 1964. Coloured people had lived in this area for about two centuries. A spokesman for the Coloured community said that the decision affects, in addition to the homes, six schools (including the only Coloured secondary school in the area), four churches, a mosque, a cinema and about ten shops and businesses. The order was reported to have embittered the Coloured community.75 240. The Indian and Coloured communities of the three Eastern Transvaal towns of Belfast, Dullstroom and Machadodorp became "displaced" persons as a result of a group areas proclamation designating the three towns as all white. The Department of Community Development said that no group areas were being proclaimed for Coloured people and Indians because there were so few of them.70 Waterval Boven was also declared white and no area was set aside for the Indians who had settled there thirty years ago. 241. The residents of District Six of Cape Town had expected the area to be declared a Coloured group area as a result of a public investigation held on 29 January 1962. but an order for reinvestigation of the area, issued in March 1964, aroused serious concern in the community. Dr. M. A. Ebrahim, chairman of the Workers' Civic League, said on 6 March 1964: "This whole area has been the cradle of the Coloured people for 300 years. If it is declared "white", the losses to the Coloured people will be very great indeed. "The majority in the area are hard-working people who live near their place of employment. If they are forced to move they will suffer economically. "It is a fact that where an area has been declared anything but a non-white area, the non-white properties are bought for next to nothing. "However, when they are forced to move to a declared area. the prices of land are fantastically higher than the municipal or market valuation. "If people are forced to move from this area, it means they will lose their places of worship, their mosques and their schools- quite a few of which have been started with the money of the people. "This area has always been a multiracial area where everybody has lived together in harmony."77 242. Group areas under consideration in the Cape have evoked strong protests from the residents. Both because there was no buffer between it and Evaton with a population of 65,000 Africans. The Cabinet decided in August 1964 to buy out Residencia and declare it a non-white area. The Chairman of the village council commented: "The Cabinet's decision is generally welcome, but by many with tears in their eyes because of the deep roots they will have to pull out so painflly" (The Cape Times. 14 August 1964). 74 The Cape Times, 2 April 1964. 7-,Ibid., 14 and 15 September 1964. 76 The Star (Johannesburg), weekly edition, 27 April 1964. 77 The Cape Tiics, 7 March 1964. Annex No. 12 77 Whites and Coloured people have opposed proposals to Africans to obtain permits or exemption to remain proclaim group areas in the Faure-Firgrove-Macassar outside the reserves. Beach district. A Moslem priest expressed particular concern as Sheikh Joseph's tomb, the most sacred place On 5 November 1963, the Deputy Minister of in South Africa for Moslems, was in the area."" Bantu Administration and Development, Mr. M. C. Botha, urgently appealed to white employers to help 243. The Schotche Kloof Islamic Brotherhood So- the Department limit the number of Africans in "white" ciety condemned the move to clear the Malay quarter areas to a minimum. He stated that measures would and Schotche Kloof, Cape Town. of 'disqualified per- have to be taken against employers if the necessary "ons' as "cruel and inhunan" and charged that it would co-ooeration was not obtained8 destroy the "exemplary coexistence" of Moslems and Christians in the two areas. 9 250. 0n 28 January 1964, the Minister of Bantu 244. In connexion with reports that an area round Administration and Development, Mr. M. D. C. de Claremont, Cape Town, which includes two mosques, Wet Nel, stated that in 1963, 3,103 Africans had been may be declared "white." Iman Haron of Claremont endorsed out of the Cape Town municipal area, 660 said on 6 October 1964 that Mala s had lived in the out of the Cape Divisional Council area and 19,650 out area before the Whites. He added: "Many years ago he Johannesburg municipal area8 the Pharaoh tried to uproot a people, and he ended 251. He told the House of Assembly on 24 January up in the sea. I wish our honourable Prime Minister i964: would take meed of this.te H o"... think of the industrial development that has 245. In Transvaal, members of the Hindu COMMu- taken place over those [past] ten years. All that nitv observed 15 November 1963 as "a day of anguish development demands a terrific labour force. It was and sorrow in thousands of homes". A statement issued a miracle that we managed to put a stop to the unin that connexion said that Indians were entering "a controlled flow of Bantu to South Africa. We put moment of crisis" caused by the Group Areas Act and a stop to it. And the tide has already started to turn. that it was "a solemn and religious duty to say that The year before last 100,000 Bantu had already left mass uprooting of people, no matter what colour, is the "white" areas. Do you know, Sir, that we have against all moral and religious scruples".s More than sent back a considerable number of foreign Bantu 100 Indian school children were caned for having stayed over the past two years?... Just think of the 2,000 away from classes on that day.82 Rhodesian Bantu whom I removed from the vicinity 246. Police used police dogs to disperse several of Port Elizabeth. Approximately 20,000 foreign hundred Indian women who had come from many Bantu have passed through our border posts, Bantu parts of the Transvaal to Pretoria on Human Rights who will not return to South Africa. .. Bantu are Day, 10 December 1963, to present a protest to the daily returning to their own areas... You have the Prime Minister on the application of the Group Areas Mdondtzani project near East London where 60,000 Act. They had carried a memorandum which read have been resettled in the Bantu area. We are busy in part: with that; we shall shortly start in Pietersburg: there "The ruthless application of apartheid is causing are 180.000 at Durban who will shortly be settled grave concern to our people. Its implementation in in the Bantu area; Dalmeny 75,000; Pietermaritzburg the form of group area, job reservation and other 38,000; Rustenburg, 9,000; Potgietersrust 6,000 measures involves loss of homes, impoverishment and (already settled) : Newcastle over 12,000; Pretoria assault on our dignity and self-respect, over 50000. Just think of these few projects, and "As a woman, I request you to take steps that more are in process of development. That will mean will restore security to a people whose only 'crime' that within the following few years over 550,000 is colour and race."83 Bantu, from the "white"" areas, will be settled in their 247. Several Indians continued to resist orders under own areas." '8 the Group Areas Act. In Ventersdorp, three Indians -Dr. Mahmood Motara, Mr. Ebrahim Amodjee and 252. Many of the Africans who have been expelled Mr. Bhula Lakhoo-defied a notice to move to a new from urban areas as unqualified have been in those Indian area in the bare veld outside the town. They areas for long periods and have lost contict ,-,itl, t':e served one month's imprisonment and declared on their reserves. Frequently, the men are permitted to remain, release in November 1963 that they stood by their con- but the wives are told to leave with their children. victions even if it meant going back to gaol. Dr. Motara 253. The Press reported the case of Mr. Charles was again sentenced to four months' imprisonment in Dyidi, a 57-year-old African plumber, who had liver! March 1964 for refusing to vacate his home and con- for more than fifteen years in Paarl. He was injured sulting rooms. Ventersdorp Indians closed their shops while working in a forest outside Gonda and returned on the day of his conviction.84 to Paarl where he earned a meagre income from mis(ii) Expulsion of Africans from "white" areas cellaneous jobs. He and his wife were taken to court in April 1964, fined and ordered to return to Cala, his 248, The Government has continued to expel thou- birthplace, where they and their three children would sands of Africans from the urban areas to the reserves have to share a mor ( under the influx control regulations which require nine other personss8 7"Ibid., 14 and 15 May 1964. 7 Ibid., 7 October 1964. 85South African Di~ies; Prrtria). 21 Novembur 1963 80Ibid., 16 October 1964. "Roblic of th Africa ic, ,ousc of .ovmhr Debates 81 South African Press Association, 4 November 1963. 82Rand Daily Mail (Johannesburg), 23 November 1963. (IIaisard), 28 January 1964, col. 403. "3Ibid., 11 December 1963. 41'"7 . 2-4 January I064, cols. 2S2 and 2,3. 84 Ibid., 19 November 1963 and 10 March 1964. -" The CaPe Times, 22 April 1964.

7(;v,! A,.ribl.-Ninccclh 2e-.'on-Annexcs 254. The Government is proceeding with its plan to remove Africans from the Western Cape in order to reserve the area for Whites and the Coloured peopleY9 255. While the Government has been "endorsing out" Africans in pursuance of this plan, however, the number of African workers has actually been increasing as a result of industrial expansion and new construction. Migrant workers, without families, are substituted for these resident for many years. 256. Mr. Oscar Wollheim, Chairman of the South African Institute of Race Relations, Cape Western Region. in a statement on 23 July 1964, warned of the consequences of this situation: "The Institute is gravely concerned about the -rowing restlessness of the African population of the Western Cape. "It cannot be expected that people with no security of tenure and liable to be removed at any time should develop a sense of responsibility towards and a stake in their environment and the community of which they are a part. "Figures which have been quoted recently indicate that 3,103 Africans were endorsed out of the Cape Peninsula in 1963. 'In the first five months of 1964, 2,250 Africans were introduced into the same area-which works out at about 5,400 a year. "If you are going to need 5,400, why send 3,103 home? All this travelling is at the expense of the African himself who is the lowest paid person in the whole economy. "Very many of those endorsed out were living and working here with their families. They are replaced by 'single' migrants on contract. "Or they themselves, after going through a cumbersome and long-drawn-out administrative procedure, may get permission to come back on a contract basis without their families. "All this effort is not reducing the African population of the Western Cape which is, in fact, increasing as the demand for labour from commerce, industry and agriculture increases. "The only difference is that the disparity of numbers between African men and women is increasing and has now reached the dangerous figure of about seven to two in the Cape Peninsula. "The Medical Officer of Health of the Cape Town City Council has reported that the number of illegitimate African births exceeded legitimate African births in the peninsula in the past three years. "In this situation, without the steadying influence of their wives and children and a home environment. men can easily turn to violence in their frustration. "The Government's policy of removing Africans from the Western Cape is manifestly impossible of achievement, but the attempts to implement this policy are resulting in ever-increasing social and economic disruption both in the Cape and in the 'homelands'."90 80 Over 250,000 Africans are now employed in this area. The Government reiterated that the removal would be accomplished gradually without dislocation of the economy. 90 The Cape Times, 24 July 1964. (iii) Removal of "black spots" 257. The Government has continued its efforts to eliminate "black spots" (African owned land outside the reserves). 25,. The Government recently ordered 280 members of the Bapedi tribe to move from the Dornkop farm about twelve miles from Middleburg in Eastern Transvaal. to farms in Sekukuniland. The Bapedi, who had bought the land in 1905 and built schools, churches and a cemetery, refused to move and the Government decided to expropriate the land. The Chieftainess of the tribe, Miriam Ramaube, refused to hand over the books relating to the ownership of land to the Bantu Affairs Department: she said that the books belonged to the tribe and that the tribe had asked her not to hand them over. In May 1964, she was given a suspended sentence on condition that she handed over the books.91 (c) Establishment of councils and committees for non-white racial groups 259. To counteract criticism that the policy of apartheid denies any place in the Government of the country to Indians and the Coloured people, as well as the Africans in the "white" area, the Government has established separate advisory and administrative bodies for these racial groups. These bodies are now partly or wholly nominated by the Government, and are purely advisory, but it has indicated that they would become elective and would gradually be endowed with legislative powers. The Government claims that by instituting elections on universal franchise for these bodies, it would satisfy the desire for "one man, one vote" in separate racial spheres. "White" control would be retained as the electoral roll for Parliamentary elections would remain almost wholly white. 260. The major non-white political organizations have strongly opposed the establishment of segregated councils as designed to facilitate the imposition of opartheid, and their supporters have boycotted these councils. 261. The Government, however, has proceeded with its plans. The Coloured Persons Representative Council Act, No. 49, 1964, has been passed and the National Indian Council set up. The first urban Bantu local council has been established. These and other developments are briefly reviewed below. (i) The Coloured Persons Representative Council Act of 1964 (.Act No. 49 of 1964) 262. The Coloured Persons Representative Council Bill was introduced in the House of Assembly on 26 February and was promulgated on 26 May 1964.9' It provides for the establishment of a Coloured Persons Representative Council in the place of the present Council for Coloured Affairs. 263. The declared intention of the Government is to establish the Council to care for the special interests of the Coloured population while retaining only token representation for them in Parliament through white members. Prime Minister Verwoerd told the House of Assembly on 21 January 1964: "... Our policy is that there will be a Coloured Legislative Council which will care for the interests of the Coloureds; the leaders ... will form an execu91 Ibid., 23 April 1964; Rand Daily Mail (Johannesburg), 21 May 1964. 92 The Act came into operation on 2 October 1964 (Govern. nsent Gazette, 2 October 1964). tive body. This Council will deal with matters affecting the Coloureds only. The other matters, affecting the country as a whole, will be dealt with by this Parliament as it is constituted at present, and the representatives of the Coloureds will remain white, as they are now. That is our policy."'3 264. The Minister of Coloured Affairs, of Comnmnity Development and of Housing, Mr. P. W. Botha, stated on 10 April 1964 that the object of the Bill was to establish "a representative Coloured council for the Republic which, with its executive committee, can be the mouthpiece of the Coloured population; which can serve as a means to consultation between the Republican Government and the Coloured population, and can serve as an instrument by means of which Coloured leaders in the sphere of local government, education. communal welfare and rural areas can lead and serve their community.'94 He added: ".I must reject the standpoint that the only basis for proper consultation and goodwill is an equal franchise on the same Voters' Roll... The safety and good order and progress of South Africa as a State with a Christian character are closely dependent on the continued existence of this white nation with its strong position of power in southern Africa. The continued existence of the white man is also the best guarantee for the safety and progress of the Coloureds as a minority group in the area of white South Africa."95 He described the Bill as "a serious attempt along the road which we regard as the only possible one, the road of neighbourliness with diversity and the recognition of each section's rights in its own circle, the preservation of the rights of the Whites, but also the right of emancipation for those who are under our tutelage and who must be taught to assume greater responsibilities towards their own people."96 265. The Act provides for the establishment, with effect from a date to be determined by the State President, of a Coloured Persons Representative Council of South Africa with thirty elected members and sixteen members nominated by the State President. Coloured persons who are South African citizens and over the age of twenty-one years, and not disqualified, are entitled to register on the Coloured voters' list and vote in the elections to the Council.97 266. The Council is authorized to advise the Government, on request, in regard to all matters affecting the economic, social, educational and political interests of the Coloured population of the Republic, and generally to serve as a link and means of contact and consultation between the Government and the Coloured population. 267. The Act also provides for the establishment of an executive committee of the Council consisting of five of its members. The Chairman of the executive committee is to be designated by the State President and the four members elected by the Council. The executive committee is to carry out the functions of 93 Republic of South Africa, Hou'se of Assembly Debates (Hansard), 21 January 1964, Col. 71. 94 Ibid., 10 April 1964, cot. 3999. : Ibid., col. 3994. 96 Ibid., col. 4003. 9 7The Minister of Coloured Affairs, of Community Development and of Housing, Mr. P. V. Botha, stated that the first election to the Council wouIil 1-e held in 1966 (South African Digest (Pretoria), 5 March 1964). No. 12 79 the Council, except in so far as the making of laws is concerned, while the Council is not in session, and deal with the following matters in so far as they affect Coloured persons: (a) finance; (b) local government; (c) education; (d) community welfare and pensions; and (e) rural areas and settlements for Coloureds. 268. The management of finance is assigned to the Chairman. The executive committee is to designate one of its elected members to exercise and perform, on its behalf and under its directions, the powers, functions and duties incidental to each of the remaining four matters. 269. The State President may by proclamation in the Government Gaz.ette confer upon the Council the power to make laws in respect of any of the above five specialized subjects. No bill may be introduced in the Council, however, except with the approval of the Minister of Coloured Affairs, of Community Development and of Housing, to be granted after consultation with the Minister of Finance and the Administrators. Every bill passed by the Council is subject to assent by the State President. A law assented to by the State President and promulgated by the Secretary for Coloured Affairs would have the force of law as long and as far only as it is not repugnant to any Act of Parliament. 270, The Minister of Coloured Affairs, of Community Development and of Housing told the House of Assembly on 10 April 1964 that for the present the Council is to have no powers except to advise the Government at its request. He stressed that the Coloured people were now for the first time being given universal franchise, and added: "... there can be no objection to the principle of one man, one vote, if it applies to a population group and within its own circle. There can only be objection to the principle of one man, one vote, if it means that the 'one man, one vote' of other population groups is used to decide the fate of a particular population group, in this case the Whites, whose existence in this country guarantees the safety also of the other groups."9 271. The Bill was opposed by the Opposition parties and the representatives of the Coloured people in the House of Assembly. 272. The United Party opposed the Bill on the grounds that it was another step on the road of "separate development" and that it would estrange the Coloured people from the Whites. The leader of the Opposition, Sir de Villiers Graaff, said that the Bill gave the Coloured people, ".. . the most Westernized group amongst the non-European peoples, a definitely inferior type of council, a council with lesser powers and fewer powers than the Legislative Assembly now being created in the bantustan, in the Transkei.'"' 273. Mr. A. Bloomberg, a Coloured representative in the House of Assembly, said that the Bill perpetuated the status of the Coloured people as "second-rate citizens in their own country". He called on the Government to restore common franchise rights to the Coloured people as ordinary citizens and "enable them to be directly represented in this Central Parliament as full 98 Republic of South Africa, House of .-ssembly Debates (Ha."sard), 10 April 1964, col. 4000. 99 Ibid., 30 April 19'.4, col. 5228.

Ceneral Assembly-Nineteenth Session-Annexes citizens of South Africa in common with their fellow Whites.."100 274. Mr. C. Barnett, another Coloured representative, said that the Bill was "a farce and a mockery" which offered no political future to the Coloured people because political rights, to be of any value had to be rights equal to those of the \Whites and entitling them to have a direct say in the country's government."' 275. Mrs. Helen Suzman (Progressive Party) said on 14 April 1964: "To represent this Bill which nives the Coloured people universal franchise to elect an utterly impotent body (which is what the Coloured Representative Council is) as a worth-while substitute for Common Roll rights to elect members to represent them in this Parliament ... is a hollow sham. The real things that matter to the Coloured people such as group areas, job reservation and things of that nature, will never fall within the province of the Coloured Representative Council. They will only be discussed in this Parliament . . . What the Coloured man wants and needs, is exactly the same as the white man wants and gets in South Africa. In other words, education, free, compulsory and universal, so that their children may be able to develop, to the greatest possible extent, their potential abilities. Secondly, unrestricted economic opportunity so that they may thereafter use their training and their ability to the greatest possible extent. Thirdly ... real political power which will mean something to them; that means a vote on the Common Roll for the Parliament that makes the laws that govern the lives of these people.'0112 276. The Bill was also criticized by many Coloured leaders outside the Parliament. Mr. M. D. Arendse, a member of the Council for Coloured Affairs said: "\While the Bill purports to give some legislative authority to the proposed new Representative Council, such power will be so restricted and hamstrung that the council will not be able to initiate legislation, let alone assist legislatively. "In fact the Bill, as it stands, will confer virtual dictatorial powers on the Minister of Coloured Affairs, enabling him firmly to control the new Council and indirectly all aspects of the life of the Coloured people, from the cradle to the grave.''10 277. Mr. Norman Daniels, a Coloured member of the Cape Town City Council, said: "The Coloured people have never asked for a separate parliament, advisory or otherwise. "The Coloured people have shown their strong feelings against the present Council for Coloured Affairs by boycotting the so- called elections for the Council. I am sure the same thing will happen when people are asked for a separate Coloured 'parliament'."'04 278. Mr. Barney Desai, President of the Coloured Peoples Congress of South Africa, stated before the oo Ibid., col. 5250. 101 Address to the Institute of Citizenship, reported in The Cape Times, 15 May 1964. I02 Republic of South Africa, House of Assembly Debates (Honsard), 14 April 19(4, cols. 4208 and 4- 0). 103 The Cape Times, 15 April 1964. 104 Ibid. delegation of the Special Committee on 13 April 1964 that the Bill was a "fraud" and "just a matter of constitutional hocus pocus" (see A/AC.115/L.65). (i) Establishment of a National Indian Council 279. The Government has also set up an advisory body for people of Indian and Pakistani origin. 280. The Minister of Bantu Education and of Indian Affairs, Mr. W. A. Maree, announced on 26 November 1963: "It is the intention, in accordance with government policy, to establish in the course of time a representative Indian council which will eventually consist of elected representatives with legislative and administrative powers in all matters affecting directly the Indian community...".105 281. Representatives of the community refused to co-operatey 'i but the Government arranged a conference of senior officers of the Department of Indian Affairs and about 100 "delegates"'17 in Pretoria on 10 and 11 December 1963 as an initial step towards the creation of a consultative machinery. 282. The Minister told the conference that he had invited them as democratically elected leaders of the Indian community could scarcely be found because of "agitation, intimidation and internal strife" and as there was a "dire need for consultation". He continued: "If the required co-operation is still withheld it will not mean that I shall refrain from going ahead with the task entrusted to me. But I shall do so as I see fit and nobody will be entitled to accuse me then of taking matters into my own hands without first having consulted you." The Minister warned the people of Indian and Pakistani origin that the Government had difficulty in engendering an adjustment of outlook among its followers "who for many years were used to saying that the Indians are a foreign people who should go back to their countries of origin".108 283. The Conference was reported to have accepted the Government's plans for the formation of a National Indian Council.09 284. On 3 February 1964 the Minister announced the establishment of a National Indian Council of twenty-one members (to be increased to twenty-five) as "purely an administrative arrangement to provide the machinery for contact between the Government and the Indian community. In due course, and after neces10" South African Information Service, 25 November 1963. 10OThe Transvaal Indian Congress declared, for instance, that "no self-respecting Inidian will serve on a body designed to implemient upartheid". (Reuters, 10 December 1963). 107 The Minister of Bantu Education and of Indian Affairs stated that it had been decided to invite persons who had proved by tlicr actions ihat ihey had the interests of the community at heart (Rand Daii'y Mail (Johannesburg), 13 November 1963). 'os 5"outhrn .Africa (London), 20 December 1963. Mr. Maree said the proposed council could "pave the way for an eventual democratically elected council," which in time would control those affairs of the Indian community that might be delegated to it by Parliament . . . Among matters upon which the council would be consulted were: (1) how it could be developed into an elected body with powers to legislate and administer; (2) improvement of sch,ol facilities: (3) establishment of local govcrilment for Indians and by Indians in their own cities, towns and residential areas; (4) giving Indians a share in industrial development: (5) establishing Indian-run hospitals; (6) care for the aged and infirm; and (7) creation of more employment facilities." 109 Southern Africa (London), 3 January 1964. Annex No. 12 8! sary consultation, legislation will be introduced for the creation of a statutory council." He added that the establishment of the Council created an official link between the Government and the Indian community and showed "proof of the Government's willingness and desire to cater for the needs of Indians in the same way as the needs of other sections of the population are being catered for".' 285. Mr. J. H. van der Merwe was appointed Chairman of the Council. 286. The first meeting of the Council was held in Cape Town from 23 to 25 March 1964. The Minister told the Council that it "will go a long way towards relieving the frustration which might have existed in the past". He added that if Indians felt frustrated they might well ask to what extent their plight was due to the reckless and irresponsible words and actions of some of their compatriots."' 287. The National Indian Council has had little support from the Indian community. 288. Mr. R. N. Bhoolia, Vice-President of the Transvaal Indian Congress said in February 1964: "The National Indian Council is worthless and is an attempt to give false hopes to our people. The Indian people will never accept apartheid and have always regarded themselves as an integral part of the South African population, The only acceptable solution is to put us on a general voters' roll-not to separate us.""12 289. He added that the National Indian Council was "a racialist group Council based on apartheid ideologies". "It can only work within the framework of apartheid. It cannot create any material changes in the position of the Indian community. In the past fifteen years of apartheid many have lost homes and businesses. "The Council is an instrument of apartheid. The Government is trying to implement its apartheid legislation against the Indians under the guise that some Indians approve of this, thus hoping to mislead world opinion that the Indians in South Africa accept their present position.""3 290. Three members of the National Indian Council-Mr. Jack Naidoo (Vice- Principal of the M. L. Sultan College, Durban), Mr. B. Rambirith (lecturer at the Indian University College at Salisbury Island), and Mr. A. S. Kajee (businessman from Durban)were booed by most of about 500 people when they made their first public appearance as Council members at the Merebank Indian Ratepayers' Association.14 291. The executive committee of the Cape Peninsula Traders Association unanimously decided to "reject the creation of the Government-sponsored National Indian Council as a representative of the Indian people"."5 (iii) Establishment of urban Bantu councils and boards 292. The first urban Bantu council was established at Welkom (Orange Free State) on 8 November 1963. 110 Agence France Presse. 3 February 1964. Ill South African Digest (Pretoria), 3 April 1964. "2 Ibid., 13 February 1964. 113Sunday Times (Johannesburg), 9 February 1964; quoted in Spotlight opt South Africa (Dar es Salaam), 28 February 1964, 114 The Cape Times, 1 June 1964. 115 Ibid. The council consists of eight elected and four appointed members representing various ethnic groups.16 293. In Cape Town, however, for the third time in three consecutive years, the City Council was unable to find enough interested Africans in the Langa township to enable the Langa Native Advisory Board to function. Notices were distributed in the township asking for nominations for election to the eight seats, but none was received."7 (iv) Establishmnent of consultative and nmnagement committees for the Coloured people and Indians 294. Consultative and management committees are being established for the Coloured people and the Indians in segregated communities set up for them under the Group Areas Act, No. 41, 1950. These committees are seen as a prelude to the eventual formation of town councils in these communities. Meanwhile, they are consulted by City Councils on proposals affecting the respective communities, but their advice is not binding. 295. On 14 April 1964, the first Indian Consultative Committee of five members was appointed at Laudium, a township established under the Group Areas Act for Indians evicted from Johannesburg."8 296. In Transvaal, the first Coloured management committee of five members was appointed by the Provincial Administrator in September 1964. One of the members refused to accept the appointment.19 297. As the Cape Town City Council did not nominate members for the three Coloured management committees in the City, the Provincial Administrator appointed the members"10 298. The Minister of Coloured Affairs, of Community Development and of Housing told the House of Assembly on 31 January 1964: "... In the Transvaal two consultative committees were established on 15 October 1963 in terms of the relative ordinance in the Coloured areas of Eersterus at Pretoria and Alabama at Klerksdorp. Approval was also granted in principle for three consultative committees to he established in the Indian areas of Laudium at Pretoria, Lenasia at Johannesburg and Primindia at Brits. In the Cape Province approval in principle was granted for the establishment of three management committees in the Coloured areas at Bellville, Goodwood and Paarl as well as for ten consultative committees in the Coloured areas at Aliwal North, Forth Beaufort, Fraserburg, Moorreesburg. Piketberg, Prieska, Richmond, Saldanha Bay, Victoria West and Vryburg. The establishment of further committees is being considered.""'1 116South African Driest (Pretoria), 7 November 1964. 117 The board is to have twelve members-the chairman and three other members appointed by the Council and eight elected by the residents. To comply with the law, the Council has every year appointed the chairman of its Bantu Affairs Committee and three Africans to represent it on the board. Since the Langa and Sharpeville riots in 1960, possible candidates were reported to have been nervous about public participation in an election for an official consultative body (The Cape Times, 10 April 1964). 118 South African Information Service, 15 April 1964; South African Diqest (Pretoria), 24 April 1964. 119 The Cape Times, 24 September 1964. 120 Ibid., 24 June 1964. 121 Republic of South Africa, House of .4sscmbly Debates (Hansard), 31 January 1964, cols. 544 and 545.

82 General Assembly-Nineteenth Session-Annexes (d) Other apartheid measures outside the African reserves 200. Meanwhile, the Government has continued not only to implement but to further extend apartheid measures to separate racial groups and restrict interracial communication. 300. Pass laws to control the movement of Africans continue to be enforced and mass raids conducted in African locations. As a result, the average number of Africans in prisons increased to more than 51,000, the highest since 1948.122 301. The classification of persons under the Population Registration Act, No. 30, 1950, continues. Complaints are received from many families in which some members are classified as white and others as Coloured, and from many others who claim to have been wrongly classified and thus subjected to serious difficulties. 302. Prosecutions continue under the Immorality Act of 1957. as amended, which prohibits carnal intercourse between members of different groups: 745 persons were prosecuted under this Act in 1963, and 364 convicted.23 303. A few of the other significant developments in this respect are briefly noted below. (i) Apartheid in education 304. Segregation in education is being extended and completed. It was reported that a faculty of medicine would be established at the University College of the North. African students would be enrolled in this segregated institution in early 1965, and would then be barred from the medical schools of the Universities of the Witwatersrand, Cape Town and Natal.124 305. African pupils are being removed from Coloured schools in Cape Town from 1 January 1965 though African schools are not adequate and the syllabus in these schools is quite different.125 306. In January 1964. when the principal of the Trafalgar High School, Claremont, was told to remove the nine African pupils in the school, 600 of the 650 pupils went on a protest strike.126 307. Growing evidence of falling standards as a result of the segregated education and other reasons has continued to cause concern. The total enrolment of African pupils has increased but the funds devoted to their education have not proportionately increased. While the white children receive free education, the Government grant for African education is set at a fixed amount so that additional funds have to be collected from taxes on Africans. 308. The Minister of Bantu Education and of Indian Affairs, Mr. W. A. Maree, told the House of Assembly, in answer to questions on 4 February 1964, that 1,710,857 African pupils were enrolled in primary schools. Only 53,683 African pupils, however, were in secondary schools; 5.720 in vocational and technical schools, and 630 in university colleges. Of the total number of 122 The Cape Times, 11 June 1964. 123 Republic of South Africa, House of .-ssembly Debates (Hansard), 19 June 1964, col. 8638. 124 The Star (Johannesburg), weekly edition, 9 November 1963. 125 There is only one African High School in Cape Town and no Indian High School (The Cape Times, 26 October 1964). 126 The Cape Times, 26 October 1964. African pupils, only 2.27 per cent were in standard VII and 0.06 per cent in standard X.127 309. The Minister stated on 29 May 1964 that of the 211,629 African children who began school in 1951, only 19,970 reached high school and only 1,040 reached matriculation in 1963.128 310. Though the non-whites constitute a large majority of the population, there were only 3,682 nonwhite students in the universities in 1963 compared with 45,705 white students.129 (ii) Apartheid in employment 311. Job reservation, intended mainly to reserve certain professions to whites, continues in force. 312. A Government Gazette Extraordinary issued in October 1964 reserved all supervisory and control jobs and some skilled jobs in the motor assembly industry to Whites. It laid down the minimum percentage of Whites who must be employed in the motor assembly industry: the percentage varies between twenty and sixty-five in different towns.'30 It is reported that at least 150 Coloured and Indian workers at an assembly plant in Durban may be dismissed as a result of this order.'3' 313. Some of the results of job reservation are disclosed in information provided by the Minister of Transport in answer to two questions in the House of Assembly: (a) in the road motor transport service, 1,222 white drivers are employed but no non-white is employed as a driver;1'2 (b) in the railways administration, all skilled jobs are held by Whites.138 314. Job reservation was again criticized at the annual conference of the Trade Union Council of South Africa on the ground that one racial group was being favoured at the expense of others. The conference unanimously passed a resolution to petition the Government to end job reservation.'34 315. Opening the congress of the Co-ordinating Council of South African Trade Unions on 7 November 1963, the Deputy Minister of the Interior, of Education, .A-1 '11 I 'f ic, Labour and of Immigration, Mr. Marais Viljoen, said that the Government would not relax the job reservation laws despite the scarcity of manpower.35 316. The Local Road Transportation Board of the Cape decided on 25 July 1963 that white taxi owners could employ only white drivers who could carry only white passengers and that Coloured taxi owners could employ only Coloured drivers who could carry only Coloured passengers. More than 100 Coloured taxi 127 Republic of South Africa, House of Assembly Debates (Hansard), 4 February 1964, col. 713. '2s Ibid., 29 May 1964, col. 6850, Mrs. Suzman commented that this drastic fall was caused by several factors: children being taken away from school at an early age so that they can earn money to augment the family income; the drastic weeding out through denial of continuation certificates; and a serious scarcity of accommodation in high schools (The Cape Times, 30 May 1964). 125 The non-whites included 1,471 Africans, 1,428 Asians and 783 Coloureds (replies by the Minister of the Interior and of Education. Arts and Sciences, to questions in the House of Assembly; see Republic of South Africa, House of Assembly Debates (Hansard), 18 February 1964, col. 1492). 130 The Cape Times, 20 October 1964. 131 Ibid., 30 October 1964. 132 Republic of South Africa, House of Assembly Debates (Hansard), 25 February 1964, col. 1919, 133 Ibid., 28 February 1964, cols. 2146 and 2147. 134 The Cape Times, 16 April 1964. 135 Ibid., 8 November 1964.

Annex No. 12 83 drivers were dismissed in Cape Town as a result of this regulation.'36 The decision, moreover, caused legal confusion as the Cape Town municipal regulation required taxi drivers to carry any passengers if requested to do so. 317. The decision of the Local Road Transportation Board was appealed both by the drivers and by taxi owners who complained of difficulty in finding white drivers. The National Transport Commission decided on 27 April 1964 that white taxi owners may employ Coloured drivers so long as only passengers of the owner's race were conveyed.137 318. Several taxi drivers were arrested on 19 May 1964 for violating the regulations and a spontaneous strike of taxi drivers took place. The charges against those arrested were subsequently withdrawn.38 319. Five taxi operators were ordered to appear before the Local Road Transportation Board to show cause why their certificates should not be cancelled or suspended for violating the regulation. Their attorney. Mr. S. L. Gross, argued that it was difficult for a driver to decide in a fraction of a second to which race the prospective passenger belonged He said "the driver must take a decision which in higher circles is causing great difficulty". The Chairman of the Board, Mr. J. H. Lasky, warned the taxi owners that it was their responsibility to watch the drivers and be on the look-out all the time.39 (iii) Apartheid in sports 320. The Minister of the Interior and of Education, Arts and Science, Senator J. de Klerk, reaffirmed the Government's position, stated in IQ62, that it would not approve South African teams composed of white and non-white sportsmen competing abroad or foreign teams so composed entering South Africa. Separate teams of different racial groups from South Africa may compete with any team abroad. Within the Republic. hnwever, Whites must compete only against Whites, and nonwhites against non-whites.140 321. The South African Press has reported that the Minister intends to introduce the Protection of Race Relations Bill to enforce rigid apartheid in virtually alt cultural, sporting and entertainment fields. 322. In June 1964, the South Africa Athletic Union sent a contingent of nine white and two non-white athletes to Europe, but the president of the Union, Mr. Matt Mare, made it clear that they were not being sent as a South African team and that "the Whites will represent the Whites of South Africa and the nonwhites the non-white population".'4' 323. The segregation in sports has led to international protests. Protest demonstrations took place in London, Oslo and other cities when South African athletes appeared in international competitions. The invitation 136 The Cape Times, 22 November 1963. Apartheid in connexion with taxi passengers was introduced in Cape Town as early as 1950, when the policy was laid down that holders of existing taxi licences would be allowed to carry both white and non-white passengers, but new applicants for licences would be allowed to carry passengers of one racial group only unless they gave good reasons for exemption. Very few new licences have been granted since that time for the conveyance of all races (The Cape Times, 12 June 1964). 1.7 The Cape Times. 2R April 1064. 138 Ibid., 20 and 30 May, 2 and 12 June 1064. 139 Ibid., 13 June 1964. 14 Associated Press, 21 October 1964. 141 The Cape Times, 9 June 1964. to South Africa to compete at the eighteenth Olympic Games in Tokyo was withdrawn in August 1964 as the South African Olympic Committee declined to dissociate itself publicly from the Government's policy of banning interracial sports events. 324. The International Football Federation decided on 8 October 1964 to suspend South Africa indefinitely because of its apartheid policy. A proposal to expel South Africa was also presented at the meeting of the International Amateur Athletic Federation Congress in Tokyo on 22 October 1964, but it was rejected by 145 votes to 82. (iv) Apartheid in scientific organications 325. Mr. Jack Basson (United Party) said in the House of Assembly that scientists were worried about the Government circular sent to scientific organizations in 1962 warning them that grants-in-aid would be withdrawn if they did not follow the Government's policy of racial separation. Most of the seventeen scientific organizations in the country had no non-white members: only about fourteen of a total membership of about 14,000 were non-white. But many of them were also affiliated to organizations abroad, and scientists were exceedingly worried lest the Government's policy lead to further isolation from the rest of the world.'4 326. The Minister of the Interior, and of Education, Arts and Science, however, declared that the Government would not deviate from its policy that associations shoul-t arrange their affairs separately for Whites and non-whites and that the necessary contact should be created only at their highest level by way of affiliation, federation or other means. Subsidies for the financial year 1964-1965 would be paid as previously, but would not be renewed after that year to associations which did not give effect to the Government's policy.143 327. Professor W. J. Talbot, Secretary of the Royal Society of South Africa, said that seven societies had decided not to alter their constitutions: one had decided not to reapply for a grant and six were adopting a "wait and see" attitude.14 (v) Apartheid in recreational and cultural facilities 328. The imposition of apartheid on the beaches, in libraries, recreational facilities and civic buildings in Cape Town is indicative of the Government's anxiety to hasten maximum separation of the races. 329. In January 1964, the Administrator of the Cape, Mr. Malan, gave notice to the Cape Town City Council that unless it put up notices by 22 February 1964 that certain beaches were reserved for \Vhites, he would be compelled to act in accordance with the Separate Amenities Ordinance of 1955 and put up notices at the cost of the Council.145 The Council, however, could not designate alternate beaches for non-whites because the whole question was "bedevilled by the Group Area Act" and available areas were reserved by the Government for 142 Republic of South Africa, House of Assembly Debates (Hansard), 13 May 1964, cols. 5959 and 5060. 14' Ibid., 14 May 1964, col. 5989. 144 The Cape Times, 23 May 19(4. 14' The Department of Community Affairs had ruled that non-whites could no longer use several beaches which had been traditionally used by them because they were in white group areas. The deadline was subsequently extended pending further discussions (The Cape Times, 1, 8, 10 and 25 April 1964).

84 General Assemnbly-Nineteenth Session-Annexes other purposes. The deadline was extended pending further discussions.14' 330. The Administrator warned the City Council on 12 April 1964 that, unless it introduced apartheid in all the libraries by 1965, as contemplated by the Provincial Library Service Ordinance No. 4 of 1955, the subsidy for free library services would be withdrawn.147 331. The Department of Housing, the approval of which is required for the construction of new civic buildings in "group areas" has usually insisted that such btuildings be for one race only. Cape Town's plan for a Civic Hall and Library at Three Anchor Bay was approved only on such a condition. Members of the City Council protested that this policy, requiring the duplication of civic halls and amenities, made costs prohibitive. 332. The Administrator of the Cape also announced that the proposed opera house on the Cape Town Foreshore would be reserved only for Whites. This aroused strong opposition from many organizations and individuals who pointed to the great interest of the Coloured people in the opera and their significant contribution to opera in South Africa.'48 (vi) Curtaihnent of interracial conmunication 333. The Government is using all its powers to curtail interracial communication except at the level and in the form approved by it. 334. An important development in this respect was the declaration by the Prime Minister, Mr. H. F. Verwoerd on 8 September 1964 that Whites had no right to interfere in the politics of non-white racial groups which were being granted separate councils. He referred in particular to the activity of the Progressive Party.'49 335. Permission was refused for a Progressive Party meeting at Genadendal in the South Cape Coloured Representatives' constituency, where the Party ran a candidate to the Provincial Assembly. The Secretary for Coloured Affairs stated that parties led or controlled by Whites would not obtain permission for such meetings.'s5 336. The Government is reported to be planning legislation to prohibit political parties controlled by Whites from taking part in elections for non-white Councils or engaging in political activities in non-white communities. Individual white candidates will, however, be allowed to participate if nominated by non-white parties, as only Whites can represent the Coloured people in the Parliament and the Cape Provincial Council.151 337. Both the Progressive Party and the Liberal Party, which admit non-white members, denounced the proposed move. 146 The Cape Times, 28 May 1964. 147 The Cape Town City Council has provided separate facilities in most libraries, but not yet in the Central Library. The library service is heavily dependent on subsidy (The Cape Tines, 18 April 1964). 148 The Cape Times, 1 and 16 June 1964. 14 Ibid.. 9 September 1964. 1 O Ibid., 11 September 1964. 15, The Star (Johannesburg), weekly edition, 19 September 1964. 338. The Prime Minister reaffirmed on 23 April 1964 that Government officials would not attend multiracial parties given by the Diplomatic Corps.152 339. The Minister of Defence said on 7 April 1964 that members of the Defence Force had been told not to accept invitations to multiracial social gatherings, including the National Day celebrations where one gathering was arranged for Whites and another for all races."' (e) Developments in the Transkei and other African reserves 340. In its report of 13 September 1963, the Special Committee analysed the moves to establish limited selfgovernment in the African reserve of Transkei as a step towards the creation of a series of "bantustans". It pointed out in conclusion: "145. These moves are engineered by a Government in which the African people concerned have no voice and are aimed at the separation of the races and the denial of rights to the African population in six-sevenths of the territory of the Republic of South Africa in return for promises of self- government for the Africans in scattered reserves which account for one-seventh of the territory. "146. These reserves contain less than two-fifths of the African population of the Republic, while many of the Africans in the rest of the country are largely detribalized and have little attachment to the reserves. "147. The bantustans were not demanded by African leaders, but were imposed against their wishes. The leaders of the African people are silenced, entry into reserves by Whites is controlled by permit, and, under Proclamation 400, the Transkeians are denied freedom of assembly and speech. "148. The self-government granted to Transkei at present is limited in many ways... '149. The scheme aims at reinforcing tribalism and utilizing the tribal system against African aspirations for equality. "150. The 'national units', made up of scattered reserves, are not economically viable. They do not provide a minimum standard of living even for the existing population of less than four million ... They have few known mineral resources, and they are almost devoid of industries. Their economies depend largely on the export of their labour to the 'white' areas, at the rate of over half a million migrant labourers a year. The Transkei is dependent on Government grants even for its administrative costs ... "153. The creation of bantustans may, therefore, be regarded as designed to reinforce white supremacy in the Republic by strengthening the position of tribal chiefs, dividing the African people through the offer of opportunities for a limited number of Africans, and deceiving public opinion."54 (i) Elections to the Transkei Legislative Assembly 341. Elections to the Transkei Legislative Assembly took place on 20 November 1963. Under the provisions of the Transkei Constitution Act, only forty-five out of the 109 members of the Assembly were elected; the four paramount chiefs and the sixty chiefs of the Transkei, appointed and paid by the Government of 152 The Cape Times, 24 April 1964. 153 Republic of South Africa, House of Assembly Debates (Ilansard), 7 April 1964, cols. 3737 and 3738. 154 Official Records of the General Assembly, Eighteenth Session, Annexes, addendum to agenda item 30, document A/5497.

Annex No. 12 85 the Republic, were automatically members of the Assembly. 342. The Government announced that 880,425 persons-414,238 men and 466,187 women-had registered as voters. Of the total registered voters, about 610,000 had registered in the Transkei and about 270,000 outside the territory.155 343. One hundred and eighty candidates were nominated for the forty-five seats. The election contest was mainly between supporters of Chief Kaiser Matanzima, head of Emigrant Tembuland, who supported the policy of "separate development" or apartheid, and the supporters of Paramount Chief Victor Poto of Western Pondoland, who opposed that policy in principle, and called for multiracialism and a more democratic legislature.156 The issues in the elections, however, were rather unreal as the Government had made it clear that multiracialism could not he allowed in the Transkei. Paramount Chief Victor Poto stated that though he was in favour of a multiracial Transkei, he realized that he would not be able to do much to promote it before the Transkei was totally independent.157 344. Moreover, the elections were conducted under a State of Emergency and with many of the most prominent leaders like Nelson Mandela, Walter Sisulu and Govan Mbeki in gaol and others like Oliver Tambo in exile. 345. Despite the clear evidence of the Government's support for Chief Matanzima, and the repression of the opponents of apartheid, two thirds of all the elected seats were won by supporters of Paramount Chief Poto. This was widely interpreted as a repudiation of apartheid by the Xhosa people. 346. Chief Matanzima, however, was elected Chief Minister on 6 December 1963 by 54 votes to 49, having obtained the support of a large majority of the chiefs.158 A Cabinet of six members was announced on 11 December.159 (ii) Establishment of the Democratic Party and the Transkei National Independence Party 347. The two major groups in the Legislative Assembly proceeded to form political parties. 348. On 7 February 1964, the supporters of Paramount Chief Victor Poto formed the Democratic Party 155Under the Transkei Constitution Act, Nn. 48, 1963, all Africans born in the Transkei, all Xhosa-speaking persons in South Africa and all Sotho-speaking persons linked with Sotho elements in the Transkei were regarded as "citizens" of Transkei. 1- 6For a summary of the main points of the manifestos of Chief Matanzima and Paramount Chief Poto, see document A/5692, annex II, para. 59 and footnote 45. 557South African Digest (Pretoria), 21 November 1963. 158 On 7 August 1964, Chief Sigwebo Mhlango, a member of the Legislative Assembly, announced that he was joining the Opposition Democratic Party and stated that he had earlier supported Chief Kaiser because of threats by certain Government officials that he would otherwise lose his rights as a traditional chief. He claimed that most of the chiefs who had supported Chief Kaiser had also been intimidated (The Cape Times, 8 August 1964). "59The opposition members objected to the appointment of Chief George Matanzima, brother of Chief Kaiser, as Minister of Justice on the ground that he had been struck off the roll of attorneys on 6 June 1963 by the Supreme Court at Grahamstown which had found him guilty of misconduct in the administration of trust funds. The Minister of Bantu Administration and Development, Mr. M. D. C. de Wet Nel defended Chief George Matanzima and said that he had repaid all his debts. (Southern Africa (London) 24 January 1964; Die Burger (Cape Town), 11 February 1964.) and declared that its objects included retention of the Transkei as an integral part of South Africa, together with the development of a non-racial loyalty to the Government of the Transkei, as well as the South African Government. Membership was to be open to all races. The party decided not to link up with any other political party or movement in South Africa.16e Paramount Chief Poto said the objective of the party was "democracy and multiracialism for all in the Transkei and eventually all in South Africa".sec 349. At a conference in April 1964, the party elected Paramount Chief Victor Poto as its leader and ,fr. Knowledge Guzana, an attorney, as National Chairman. The conference called on the party leaders to seek the repeal of Proclamation 400 of 1960 (the Transkei Emergency Regulations), the abolition of the 90-day detention clause, the repeal of all "discriminatory" laws, the recognition of African trade unions, and the establishment of factories in the territory'l2 350. Paramount Chief Victor Poto called for African representatives in the South African Parliament. He said: "The partial self-government in the Transkei, what we now have, is only the beginning of our dream to get to the central government." He added that the present Government in the Transkei had a basic defect: it aimed at further consolidating separate development on the "evil basis" that "directs us to drive away the Europeans with whom we have developed the Transkei".163 351. In his first speech in the Legislative Assembly, Paramount Chief Poto said that it had always been wrong to separate people, and that segregation had never been accepted by the people, but forced down their throats by the Governments. e4 352. Meanwhile, Chief Kaiser Matanzima announced in March 1964 that his group would be known as the Transkei National Independence Party. He declared that the party would contest any attempt to alter the principle of separate development to one of integrated multiracialism. 353. The programme of the Transkei National Independence Party stated that it recognized the Transkei constitution as its statutory basis, and would only alter the constitution "when it becomes necessary for the more efficient functioning of administrative action". It was convinced that commercial concerns now in the hands of Whites "must progressively be taken over by the Bantu with the co- operation of the Government of the Republic of South Africa".165 (iii) First session of the Transkei Legislative Assembly 354. The Transkei Legislative Assembly was opened on 5 May 1964 by State President Swart who said that after gradual development over the years, the people of the Transkei now had an "all Westernized system of government together with its attendant institutions", and that this was "another important milestone on the road to the development of the Bantu people". He assured the Assembly that the Republic of South Africa would continue to assist the Transkei and that 11OThe Star (Johannesburg), weekly edition, 8 February 1964. 561 Reuters, 9 February 1964. 162 The Cape Times, 6 April 1964. la The Star (Johannesburg), weekly edition, 2 May 1964. 164 The Cape Times, 7 May 1964. 165 South African Digest (Pretoria), 26 March 1964.

86 General Assembly-Nineteenth Session-Annexes South African civil servants would train their successors in office. 355. The first piece of legislation before the Assembly was the Appropriations Bill for 1964-1965. It provided for an expenditure of R15,510,000 ($21,714,000). 356. The revenue was estimated at R16,126,000 ($22,576,400) of this, R13 million ($18.2 million ) was the grant from the Government of the Republic and RI million (.l .4 million) w:.s to he derived from a general tax to he collected lv the Government of the Republic from Transkeian "citizens" living or working outside the Transkei.'1 The Appropriations Bill was approved on 26 May by 55 votes, with the Democratic Party ahstaining from the vote.'G7 357. Another bill adopted at this session was the Transkei Education Bill. The debate reflected the unpopularity of "Bantu education" introduced by the South African Government. Following a series of motions by the members of the Democratic Party, the Legislative Assembly set up a Select Committee and subsequently approved its recommendations that the "Bantu education" syllabus be abandoned and that the official language (English or Afrikaans) of the parents' choice be introduced as the medium of instruction from standard III on?1s 358. The Assembly also considered several other motions by the Democratic Party. A motion recommending the immediate repeal of Proclamation R.400 of 1960 (the Transkei Emergency Regulations) was opposed by the Minister of Justice, who pointed out that the matter was entirely within the competence of the Government of the Republic, and was rejected by 52 votes to 40.'6 359. Another motion to ask the Republican Government to relax the influx- control regulations which restrict the freedom of movement of the Africans was passet with the agreement of the Chief Minister. Mr. B. S. Rajuili, a Democratic Party member, told the Chief Minister: "Even if it means you must go on your knees, and plead, please plead for the relaxation '16 The Cape Times, 14 May 1964. The South African Minister of Finance said in his budget statement in March 1964 that, in addition to the grant to the Transkei, a total of R1,298,000 ($1,817,200) would be paid to officials of the Department of Bantu Administration stationed in the Transkei. 161 The Cape Times, 27 AMay 1964. 168 The Commission of Inquiry into the Teaching of the Official Languages and the Use of the Mother Tongue as Medium of Instruction in Transkeian Primary Schools (known as the Cingo Commission), appointed by the South African Government in 1963, had reported strongly in favour of instruction in the mother- tongue. African educators and parents had complained that such instruction, especially in higher grades, separated Africans on tribal lines and caused a fall in educational standards. They had suggested that instruction in an official language of the Republic be introduced at an early age and that the choice of the official language be left to the parents (Liberal Opinion (Pietermaritzburg), July 1964; South African Digest (Pretoria), 3 July 1964). Opposition members also criticized the appropriation of R4,176,000 ($5,846,400) for education as inadequate though somewhat higher than the expenditure in the previous year which was R3,832,000 ($5,364.800). Mr. Knowledge Guzana, national chairman of the Democratic Party, said that it was "a drop in the ocean" considering the population of the Transkei. He suggested that the Transkei should appeal to Western countries for help if the South African Government did not have enough money for a "proper" education system in the Transkei (The Star (Johannesburg), weekly edition, 9 May 1964). 169 The Cape Times, 28 May 1964. of these nefarious regulations.'70 A third motion that "rehabilitation schemes" be introduced in the Transkei only with the consent of the local people, was carried by one vote as a number of supporters of the Government abstained on the vote, or were absent.17' (iv) Dcvelopiuents in other reserves 360. The Government is continuing its efforts to establ;bsh "bantustans" in other African reserves. 361. The Press reported in February 1964 that plans for a "zulustan" for the 2 million Zulus in Natal had met with resistance, particularly from Chief Gatsha Buthelezi and Chief Ntando Magwaza.172 Zulu chiefs and leaders protested strongly against a letter received from the Secretary of Bantu Administration and Development in January 1964 indicating that the Zulus had no power "to accept or reject" the establishment of lPantu authorities under the Bantu Authorities Act of 1951.173 362. The Minister of Bantu Administration and Development, Mr M. D. C. de Wet Ne!. said on 3 March 1964, in reply to questions in Parliament. that following consultations with the tribes in Natal and Zululand, 111 tribes had asked for the establishment of the authorities, thirty-eight were not in favour and ninety had not yet decided on the matter.17 He rejected a referendum on the question of the establishment of a zulustan".175 363. The Minister stated, however, that his policy was not to impose the Bantu authorities on unwilling tribes.1' After the Chief Bantu Affairs Commissioner had reiterated this assurance and had appealed to Chief Buthelezi and his traditional Council to co-operate with the Government, it was reported that Chief Buthelezi had agreed not to oppose the Bantu authority system.77 361. The Minister of Bantu Administration and Development said on 19 August 1964 that the report of the interdepartmental committee on State lands in Zululand would be available soon and that it would then be possible to decide finally the borders of the Zulu homeland."78 365. The Minister was reported to have stated in September 1964 that the next bantustan would be established in "Tswanaland". a patchwork of reserves near Bechuanaland, within about two years. The Mini7o Ibid., 11 June 19,14. 171Liberal Opinion (Pietermaritzburg), July 1064. These schemes for soil conservation have been unpopular as they involved demolition and removal of homes without compensation, compulsory labour and, in some cases, reduction or loss of fields by administrative decision. 17 Quoted in Spotlight oi South Africa (Dar es Salaam), 6 March 1964. Paramount Chief Cyprian was reported to have accepted the bantustan policy in principle, hut faced consderable opposition from the Zulus. At a meeting of the Zulu chiefs in March 1963, Chief Buthelezi, a cousin of Paramount Chief Cyprian, demanded a referendum on whether the people wished to participate in the Bantu Authority system. 173 The Cape Times, 12 March 1064. 174 The establishment of local Bantu authorities and a territorial authority for the area is a prerequisite to the establishment of a "zulustan" on the lines followed in the Transkei. 1i'5 The Senate of the Republic of South Africa, Debates (Of5cial Report), 3" March 1964, cols. 1674 and 1675; Republic of South Africa, House of Assembly Debates (Hansard), 3 March 1964, cols. 2323 and 2324. 176 Ibid. 177 The Cape Times, 12 March 1964. '78 Ibid., 20 August 1964.

Annex No. 12 ister indicated that it may be granted self-government even before the various reserves were consolidated.'79 C. DANGER OF VIOLENT CONFLICT 366. The promulgation of legislation closing all avenues for peaceful protest against the Government's racial policies, and the ruthless repressive measures instituted against all opponents of the policies of apartheid, have increasingly persuaded non-white leaders and white opponents of apartheid that the only available and effective means within South Africa for registering protest and securing change is underground activity and violence. The struggle for equality has been carried on in South Africa for many years, and the leaders of the non- whites have shown a strong attachment to non-violent means. From 1961, however, leaders and supporters of the African National Congress and the Pan- Africanist Congress were reported to have been converted rapidly to an acceptance of violence as an inevitable and justifiable element in the struggle as the Government met peaceful demands with force and in view of the danger of the spread of terrorism by isolated groups which would have further intensified racial tension. Since then, other elements seem to have accepted this view. 367. As Dr. Joost de Blank, until recently Anglican Archbishop of Cape Town, said in January 1964: "Repressive legislation leads to more violence and more repressive legislation until such time as it reaches a pitch when it will have to blow."180 368. He told the delegation of the Special Committee in London in April 1964: "What... is amazing to the person who lives in South Africa, is the continuing patience and... the continuing goodwill of the African towards white people in the country where he is exploited and discriminated against day in and day out, month after month, year after year... "... unless this legislation can be brought to an end in the foreseeable future, no one can look for anything but bloody violence in South Africa. This, it seems to me, is unavoidable and inescapable" (see A/AC.!15/L.65). 369. It may be recalled that the South African Government alleged that an underground organization called the Poqo, associated with the Pan-Africanist Congress, was responsible for the many acts of violence, including disturbances at Paarl, the killing of five Whites at Bashee Bridge and the attempted violence at Queenstown in 1962. It charged that the Umkonto we Sizwe ("Spear of the Nation"), established by leaders of the African National Congress, had organ179 The weekly edition of The Star (Johannesburg) stated on 19 September 1964: "The area known as Tswanaland consists of at least six large and many more small African reserves dotted about the far Western Transvaal and the Northern Cape. "A process of consolidation-often against the wishes of the tribesmen themselves- has been going on for some years, but essentially the areas, inhabited by the Tswana ethnic group, are sprawling, scattered reserves impossible to consolidate completely without radical movement of Whites." 18 Quoted in Spotlight on South Africa (Dar es Salaam), 25 January 1964. ized a large number of acts of sabotage beginning in December 1961.181 370. The existence of a new underground organization called the African Resistance Movement (ARM), composed mainly of white liberals, was reported in the summer of 1964.1 2 371. Spokesmen of the Pan-Africanist Congress and leaders of the Umkonto we Sizwe admitted that they had resorted to underground activity, involving sabotage or certain forms of violence, since 1961 by which time the two major African organizations had been banned. 372. Panafrica, bulletin of the Pan-Africanist Congress published in Algiers, stated on 15 September 1964: "After Sharpeville, the country sank into silence. All the known leaders of all the liberation movements were imprisoned. However, the Pan-Africanist Congress continued its operations, for a great many of it. leaders were not known to the police. .Ioreover, two years later several high-ranking PAC leaders were released, having served their sentences. "Slowly, and with the greatest circumspection, the local committees were re-formed. Since the name Pan-Africanist Congress was banned, the PAC called itself the Poqo. Recruitment and preparations were going on everywhere. The centre of preparations was Maseru, the capital of Lesotho (Basutoland), where Potlako K. Leballo, general secretary of the movement and the Presidential Council, established their headquarters. The PAC decided to launch a full-scale armed attack on the settlers, and, in particular on the gcndarnierie stations. "Unfor'aiately, th., Government disco'ered the plan and as a result thousands of Africans were arrested. Despite this setback., the PAC succeeded in carrying o-'t several attacks, in the course of which a number of policemen and ,,vcrnment puppets were killed.,. "The P'si, campaign was thus both a victory ais a defeat in the s:ro, gzle for freedom. On the one hind the PAC shoo', the Government to its foundations and showed that the time for moderation and non-violence was over. On the other hand, the movement lost in this campaign a great many of its finest sons, who were executed or imprisoned. "'\ hat is certain is that the people have not lost heart, that the moderate movements no longer have a place in the South African situation, and that the PAC has survived and is gaining increasing popular support." 373. It may be recalled that many of the accused in the Rivonia trial, including several prominent leaders of the African National Congress, were charged with leadership of the Umkonto we Sizwe and responsibility for acts of sabotage from December 1961. The defendants stated that the Umkonto we Sizwe had been established in 1961 and that it was distinct from the African National Congress though subject to political guidance from the latter. Nelson Mandela said on 20 April 1964: 14... I do not, however, deny that I planned sabotage. I did not plan it in a spirit of recklessness, nor because I 181 The Minister of Justice said on 10 March 1964 that there had been 203 serious cases of sabotage since December 1961. (The Senate of the Republic of South Africa, Debates (Official Report), 10 March 1964, col. 1980.) 152An anonymous caller telephoned The Cape Times on 19 June 1964 and said: "This is the African Resistance Movement-the ARM. VWe have struck our first blow against South Africa" (The Cape Times, 20 June 1964). On 22 June, The Cape Tines received a circular purporting to come from the ARM (ibid., 23 June 1964). A telephone call to the Press in Johannesburg on 10 September claimed that a fire near Jeppe railway station on 9 September was a reprisal by ARM for the death of Mr. Suliman Saloojee (ibid., 11 September 1964).

88 General Assembly-Nineteenth Session-Annexes have any love of violcnce. I planned it as a result of a calm and sober assessment of the political situation that had arisen after many ye:ars of tyranny, exploitation and oppression of mny people by the \\hites... 6... Firstly. we believed that as a result of Government policy, violence b the African people had sxc,,me inevitable, and that unless responsible Ica(!ershil was given to canalise and control the feelings of our people, there would be outbreaks of terrorism which would produce an intensity of bitterness and hostility between the various races of this country which is not produced even by war. Secondly, we felt that without violence there would be no way open to the .A frican people to succeed in their struggle against the principle of white supremacy. All lawful modes of expressing opposition to this principle had been closed by legislation, and we were placed in a position in which we had either to accept a permanent state of inferiority, or to defy the Government. We chose to defy the law. We first broke the law in a way which avoided any recourse to violence; when this form was legislated against, and when the Government resorted to a show of force to crush opnosition to its policies, only then did we decide to answer violence with violence. .7. But the violence which we chose to adopt was not terrorism. We who formed Umkonto were all members of the African National Congress, anid had behind us the ANC tradition of non-violence and negotiation as a means of solving political disputes. \Ve believed that South Africa .! in~n~uto all the people who lived in it, and not ti one group, be it black or white. We did not want an inter-racial war, and tried to avoid it to the last minute ... "17 .... The hard facts were that fitfy years of nonviolence had brought the African people nothing but more and more repressive legislation, and fewer rights. It may not be easy for this Court to understand, but it is a fact that for a long time the people had been talking of violence --of the day when they would fight the white man and win back their country, and we, the leaders of the African National Congress, had nevertheless always prevailed upon them to avoid violence and to pursue peaceful methods. When some of us discussed this in 1slay and June of 1961. it could not be denied that our policy to achieve a non-racial state by non- violence had achieved nothing, and that our followers wkere beginning to lose confidence in this policy and were developing disturbing ideas of terrorism... "19. At the beginning of June 1961, after a long and anxious assessment of the South African situation I and some colleagues came to the conclusion that as violence in this country was inevitable, it would be unrealistic and wrong for African leaders to continue preaching peace and nonviolence at a time when the Government met our peaceful demands with force. "20. This conclusion was not easily arrived at. It was only when all else had failed, when all channels of peaceful protest had been barred to us, that the decision was made to embark on violent forms of political struggle, and to form Umkonto we Sizwe. We did so not because we desired such a course, but solely because the Government had left us with no other choice... "23 ...we felt that the country was drifting towards a civil war in which Blacks and Whites would fight each other. We viewed the situation with alarm. Civil war could mean the destruction of what the ANC stood for; with civil war racial peace would be more difficult than ever to achieve , . ." (see A/AC.115/L.67). 374. A number of other trials, which are briefly reviewed in this report, show that acts of sabotage were organized all over the cottntry and that the orga- nizers included men and women of all races who had patiently struggled by non- violent means for a long time and were not daunted by persecution. 375. A wave of sabotage followed the conviction of the accused in the Rivonia trial. 376. On 14 June 1964, two days after the sentences in the Rivonia trial, a "pipe bomb" planted at the post office at Vrededorp, a suburb of Johannesburg, blew out the windows and damaged the ceilings of the bttilding.i 377. On 19 June 1964, two 100-foot steel pylons in the Western Cape, near Durbanville and at Vlottenberg, were wrecked by dynamite. Another explosion brought down a high-voltage pylon in Sundra, Transvaal. There was another blast near Pretoria."' 378. On 22 June 1964, a series of explosions brought down a power pylon on a farm near Stellenbosch, about thirty miies east of Cape Town."" 379. On .3 July 1964, a telephone booth at the Plimville post office was blasted and there was extens-ive daniage to the main building) ' 380. The Minister of Justice, Mr. B. J. Vorster, said in a statement on 5 July 1964. after extensive police raids and detentions in the main cities, that the police had succeeded in detecting and finding in Johanniesburg a very powerful radio transmitter, certain time-bomb mechanisms and related elements which could be used for sabotage purposesis7 He disclosed on 9 July 1964 that another radio transmitter, 100 lb. of dynamite, and a large variety of other sabotage material had been discovered by the police in Cape Town.""s 381. On 10 Augtsst 1964, railway signal cables were cut between luldersvlei and Krasifontein in Cape Town and two Coloured men were arrested."" 382. On 24 July 1964, a time-bomb in a suitcase exploded on the main concourse of the Johannesburg station and at least twenty-five persons were injured.'° 383. The Commissioner of Police, Lieut.-Gen. J. M. Keevy, said on 26 July 1964 that the Security Police had found two secret arsenals and detained forty persons in the previous three weeks and had broken the back of the new sabotage organization, the African Resistance Movement, which was active mainly in the Witwatersrand and Cape Town.91 384. Early in August 1964, a time-bomb was thrown into the Matroosfrontein post office in the Cape but failed to explode.'52 385. On 19 September 1964, saboteurs made unsuccessful attempts to blow up two post offices in Dube and Jabavu, Johannesburg. Explosions occurred in both places but the damage was slight.tsa i1' Reuters, 15 June 1964. 184 The Cape Times, 20 June 1964; The .ew 1ork Times, 20 June 1964, Die Burger stated that these two acts of sabotage "are the biggest yet experienced in the Western Cape . . . This is the first time that saboteurs have succeeded in blowing up the giant power pylons of Escom". Quoted in The Observer (London), 21 June 1964. 1 5 Reuters, 22 June 1964; The New York Times, 23 June 1964. 18 The Star (Johannesburg), weekly edition, 4 July 1964. 187 The Cape Times, 6 May 1964. 188 Ibid., 10 July 1964. 189 Ibid., 11 August 1964. 190 Ibid., 25 July 1964. 191 Ibid., 27 July 1964. 192 Ibid., 14 August 1964. 193 Ibid., 21 September 1964.

Annex I 386. The Government countered this underground activity and violence by massive repression. It claimed that repression had succeeded in putting down such activity. 387. Statements by the leaders of Opposition parties and others seem to reflect some doubts about such claims. 388. After the judgement in the Rivonia trial, the leader of the Opposition, Sir de Villiers Graaff, expressed concern that the accused men seemed to have had a "significant degree of support from the voteless section of our population. It is my sincere conviction-and I believe it is the sincere conviction of my party that probably one of the major reasons for the support of this underground, political seething in South Africa is the fact that millions of the people of South Africa are denied legitimate political outlets". He warned that by denying a voice to all racial groups in Parliament, the Government was imperilling South Africa."' 389. In July 1964, after the raids on hundreds of homes. Sir de Villiers Graaff noted that the homes of a number of very distinguished persons had been raided and asked whether there was an abuse of power by the police or "suspicions of plots involving such important sections of our people that the very existence of the State is threatened".195 He added: "The tragic fact is that efficient Security Police and a busy Minister may well not solve our problems till the Government faces the basic facts of the South African situation and asks itself why these underground activities are getting the alarming measures of support they appear to have done from both black and white."'96 390. Moreover, while the Government claims that it has the situation under control, its statements and actions imply that the danger has not passed. 391. The Minister of Justice stated on 10 March 1964 that a large number of persons had left South Africa for training in sabotage and were trying to return. Estimates of those who had left varied from 900 to 5,000. More than 150 had been caught on their return.197 392. Police were said to have been troubled by many of the detainees who had elected to stay in gaol rather than answer any questions.98 393. Finally, many observers, as indicated below, have stated that the danger of violence would exist so long as the Government's racial policies continued. 394. After the explosion at the Johannesburg Station, Mr. B. Zackon, Chairman of the Cape Branch of the Liberal Party, issued a statement reaffirming the Party's condemnation of violence as a solution to the racial ills of the Republic, and adding: 194Republic of South Africa, House of Assembly Debates (Hansard), 15 June 1964, col. 8187. 195 The Cape Times, 6 July 1964. 196 Ibid., 13 July 1964. 197 Republic of South Africa, House of Assembly Debates (Hansrard), 10 March 1964, col. 1938. Commanding General P. H. Grobbelaar said in a broadcast in September 1964 that the South African Defence Force had intensively studied guerrilla warfare since 1956 and could ensure that guerrillas would not meet with the same success in South Africa as they had in some other countries (Spotlight on South Africa (Dar es Salaam), 2 October 1964). 108 The Cape Times, 13 July 1964. "Until the Government changes its policies, or the voters change the Government, we fear these irresponsible protests will continue and no amount of police action will stop them.'"55 395. The Chief Rabbi, Israel Abrahams, said in Cape Town that the "outrage" had taken place "only since peaceful protests of non-white organizations have been ottlawed and no heed paid to Opposition criticisms" and appealed to the Government "to institute discussions with freely elected representatives of all sections of the community before more outrages of this kind finally ruin all hopes of a peaceful solution to the race problems of South Africa"."" 396. The Cape Western region of the "Black Sash" also reiterated its abhorrence of violence and said that the cause of the incidents of sabotage and terrorism was the "repeated refusal by successive Governments to redress basic injustices and the indignities suffered by the vast majority of the people in this multiracial South Africa".201 397. Another source of serious concern during the period under review has been the evidence of intimidation and violence by private individuals and groups against opponents of the policies of apartheid. 398. Several acts of intimidation have been reported at the University of Cape Town. 399. On 17 October 1964, shots were fired through the windows of the homes of Mr. Peter Hjul, banned chairman of the Liberal Party in the Western Cape, Mr. Fred Carneson, banned former editor of New Age, and Mr. R. Tabakin. All three asked for police protection.-5"1 400. There has also been considerable evidence of activity by South African vigilante groups in neighbouring territories. Forward, Pretoria (October 1964) gave the following list of incidents in these territories in the previous year: "On I1 August 1963, Kenneth Abrahams, a 26-year-old Coloured doctor from Cape Town, was kidnapped in Bechuanaland, while on his way from Ghanzi to Lobatsi. "On 29 August 1963, a chartered East African Airways Dakota, chartered to fly fugitives Arthur Goldreich and Harold \,olpe from Francistown, was mysteriously blown up on the airstrip. "e(n 26 July 1064, the new refugee centre, known as the \White House, two miles from Francistown, was blown up. "On 10 August 1964, Mrs. Rosemary Wentzel disappeared from her home in Big Bend, Swaziland, and was later detained by the police at Ermelo, Transvaal and held under the 90-day law. "On 28 August, Dennis Higgs, former lecturer at the University of the \Vitwatersrand, was forcibly taken from his house at Lusaka, and left bound and gagged in a motor van at the Zoo Lake, Johannesburg, where he was arrested by the Security Police." The paper added: "Mystery telephone calls to Johannesburg newspapers by a man who claimed to be the leader of the group which kidnapped Higgs, said it was 30 strong, had no name, and operated from the Protectorates. "\Vhoever they are, the kidnappers and wreckers have displayed an uncanny insight into police investigations and 19 Ibid., 28 July 1964. 200 Ibid. '01 Ibid. 202 Ibid., 19 and 20 October 1964.

90 General Assembly-Nineteenth Session-Annexes a remarkable knowledge of persons wanted by the Security Police. "Not until Higgs was kidnapped did the public know that lie was ol the list of police suspects in connexion with rectcitt allegerl acts of sabotage. "It is obvious that there tcxits a highly organized, wellinformed, expertly trained, abundantly financed 'cloak and 'ltcer' group, dedicated to act against alleged saboteurs and refugees in areas beyond the normal scope of [he South African police." 401. It may be noted that no person is reported to have been arrested in connexion with the above incidents. D. BuILD-up OF MILITARY AND POLICE FORCES 402. In its previous reports, the Special Committee has reviewed the tremendous expansion of military and police forces in South Africa to meet the grave situation caused by the imposition of the policies of apartheid and indicated that this expansion is itself likely to have serious international repercussions. 403. The build-up of military and police forces has continued during the period under review. 40j. State President C. R. Swart declared in his opening address to Parliament on 17 January 1964: "It is gratifying to be able to mention that the programme to equip our Defence Force is proceeding according to plan, and that defence research and local production of defence requirements are progressing satisfactorily ... It is also encouraging to note that the expansion of the Defence Force enjoys the general support of the nation.20.3 405. Although the Minister of Finance, Mr. T. E. Dbnges, claimed on 17 September 1963 that South Africa could cope with any "Army of Liberation" which did not receive financial and military support from at least two great Powers.24 the defence budget was greatly increased in 1964-1965. 406. Defence expenditure has almost quintupled since 1960-1961 when the large- scale expansion of military forces and the purchase of modern equipment began, and now far exceeds the expenditure incurred in the Second World War. 407. A document entitled "White Paper on Defence, 1964-1965", tabled by the Minister of Defence in the House of Assembly on 3 June 1964, indicated that this expansion followed a military appreciation made in 1960 of the possible threat to South Africa's peaceful existence and safety "as a result of unsettled world conditions". The Government sought to ensure that the Defence Force could act "immediately, efficiently and uninterruptedly" whenever that might be considered necessary. In the first phase of the naval expansion programme, which had been almost completed, major equipment worth more than R130 million ($182 mil203 The Senate of the Republic of South Africa, Debates (Official Report), 17 January 1964, col. 9. 204 The Cape Tines, 18 September 1963. lion) had been purchased or ordered since 1960, "and further orders are envisaged". Strategic airfields for operational purposes were being constructed in various parts of South Africa in addition to the existing military airfields. Defence materials and fuels were being stored at strategic centres to be issued without delay in times of mobilization. More and more men were being sent overseas to study the handling of munitions and techniques of modern warfare "and to keep in touch with military opinion in other countries".205 408- The Minister of Defence, Mr. J. J. Fouch6, said on 26 September 1964 that the naval expansion programme carried out under the Simonstown Agreement had been concluded. Because of financial and other obligations regarding this expansion, South Africa had not been able to expand its naval air force as rapidly as it would have wished to do. But orders had been placed for naval strike aircraft and naval reconnaissance aircraft. South Africa would "obviously require more major strategical equipment in future, as the defence of a country cannot be allowed to become static'. He expressed the hope that "circumstances will again enable us to do big business with the United lKingdom to our mutual advantage". He added that a possible embargo on the sale of major armaments to South Africa could not only "weaken the defence of an acknowledged Western outpost" but would deprive South Africa of "the essential means to fulfil our moral obligation to Western allies during a general war".208 409. In view of widespread international opposition against arms deliveries to South Africa, the South African Government has been anxious to deny that the import of arms was intended for internal purposes. Meanwhile, it has tremendously expanded the manufacture of arms and ammunition within the country. (a) Increase in defence and police budget 410. On 16 March 1964 the Minister of Finance, Mr. Dhnges, introduced a record defence budget totalling R210 million (or $294 million), and stated that the increase was to "discourage foreign aggression" and counter "threats which have been hurled at our country, threats, which at another time would have called down the condemnation of the civilized world. If I do not believe that these threats will be translated into action, it is only because I know-and those who threaten us know-that our defences are strong and getting stronger by the day".207-s 411 The budget estimate for police also represented an increase of over 7 per cent. 412. A comparison of the budget estimates shows that the estimates for defence have nearly quintupled in the past five years from R43,591,000 ($61,027,400) to R210 million ($294 million), and the total security budget has more than tripled from R79,791,000 ($111,707,400) to R259,129,oo ($362,868,800). 2015 Ibid., 5 June 1964; The Star (Johannesburg), 3 June 1964. 206 The Cape Times, 29 September 1964. 207-8 Republic of South Africa, HIouse of Assembly Debates (Hansard), 16 March 1964, col. 3041.

Annex No. 12 91 ESTIMATES OF EXPENDITURE FOR DEFENCE AND POLICE 1960-1961 19,,3-1961 1964-1965 Rand Dollars Rand Dollars Rand Dollars Defence ...... 43,591,000 (61,027,400) 121.5)4,000, (170,245,600) 210,000,000 (204,000.000) Police ...... 36,200,000 (50,680,000) 45,870,000 (64,218,000) 49,192,000 (68,868,800) TOTAL 70),791,000 (111,707,400) 167,474,000 (234,463,600) 259,192,000 (362,868,800) SoURCE: Republic (Union) of South Africa, Esutmates of thc Expenditure to be defrayed from Revenue Account during the years ending 31 .MIarch. 1961. 1g it and 1965. a To this should be added 1-R26.1 1,000 ($36555,-100) provided from the Loan Account as contribution to Defence Special Fquipment Account and RIO million ($14 million) provided in all additional estimate for defence. The Minister of Finalice stated on 28 April 1964 that the Department of )cfence had not spent about k15 million (o;21 million) or its appropriation for 19631061 as a result of tl.a y in the completion of certain large contracts. (Repullic of South Africa, House of Assembly Debales (Hansard), 28 April 10(14, col 5101.) 413. In addition, the Minister of Finance announced million ($322 million) for Defence and R51,792,000 on 28 April 1964 that R20 million ($28 million) from ($72,508,800) for police. the surplus for the financial year 1963-1964 would be 415. Some of the items of expenditure where inadded to the Defence Special Equipment Accnunt.2 creases in budget estimates have been impressive are 414. The appropriations for 1964-1965 were R230 indicated below: 1963-1961 1964-1965 Rand Dollars Rand Dollars Army Stores, services and equipment ...... 7,607,000 (10,649,800) 17,152,500 (24,013,500) Aircraft, aircraft stores, services and equipment ...... 10,225,000 (14,315,000) 15,008,000 (21,011,200) Naval stores, services and equipment ...... 3,914,000 (5,479,600) 6,803,000 (9,524,200) Bombs, ammunition and pyrotechnics ...... 13,428,500 (18,799,900) 17,938,500 (25,113,900) Mechanical transport, horses and dogs ...... 5,229,000 (7,320,600) 18,860,500 (26,404,700) Special equipment and reserve stocksa ...... 29,511,000 (41,315,400) 58,812,5(10 (82,337,500) M\anufacture of munitions ...... 23,572,000 (33,000,800) 33,002,500 (46,203,500) SouRCE: Republic (Union) of South Africa, Estimates of the Expenditure to be defrayed from Revenue Account during the years ending ,1 March 1961. 1964 ad 1965. a The firtre for 1963-1964 includes R26,111,000 ($36,555,400) from Loan Account. The figure for 1964-1965 includes appropriation of R20 million ($28 million) from the previous year's budget surplus. (b) Increase in strength of the military and police forces 416. The South African Defence Force consists of: (a) The Permanent Force, or the standing army (the army, air force and navy); (b) The Citizen Force, comprising volunteers and citizens drawn by ballot and enrolled in the force; and (c) The Commandos, comprising volunteers and citizens not drawn by ballot for enrolment in the Citizen Force. 417. The Permanent Force is kept relatively low but has undergone a steady expansion. It is planned to increase it to 14,926 during the current year. STRENGTH OF THE PERMANENT FORCE 1960-1961 1963-19, 1)6.119,5 Officers ...... 1,275 2,079 2,271 Other ranks ...... 7,744 11,699 12,655 TOTAL 9,019 13,778 14,926 SOURCE: Estimates of Expenditure, 1960-1961, 1963-1964, 1964-1965. 209 He stated that it was not the intention that this money should be spent during the financial year 1964-1965 (Republic of South Africa, House of Assembly Debates (Hansard), 28 April 1964, col. 5101). 418. The Citizen Force consists of men called to service annually to serve for four years. According to the White Paper on Defence, published by the Government in June 1964, the number of men called up for the Citizen Force increased from 2,000 in 1960 when the training period was only two months, to 16,527 in 1965 with a training period of nine months.210 The recruits would be attached to four new regiments after the completion of their training.21 419. The strength of the Commandos has been increased from 48,281 officers and men in 1960 to 51.487 this year.21 2 The Minister of Defence, Mr. Fouch6, announced at the end of May 1964 that, in the future, all members of Commando units would have to serve for four years and would have to undergo special training courses. Comnando members would no longer have to pay for their weapons. but would be issued with rifles, bayonets and uniforms. In other words, they would become ahnost the same as the pre-war Active Citizen Force soldiers.- "3 21) The Cape Times, 4 June 1964; The Star (Johannesburg), 4 June 11)64. Under the Defence Amendment Act of 1961, the period of training of members of this Force was increased to nine months in the first year and three months in the following years. "I' Southern Africa (London), 10 April 1964. 212 JNlhite Paper oi Defence, The Cape Times, 4 June 1964. 213 The Cape Times, 9 June 196-.

92 General Assembly-Nineteenth Session-Annexes 420. The Minister of Defence announced on 13 July 1964 that the planning of Air Commando squadrons was nearly complete and that he had authorized the establishment of twelve squadrons.'14 He also assured support for civilian flying clubs as these clubs, their pilots and aircraft, would form an integral part of the defence system in time of war.2'5 421. It may be noted that the Defence Force is entirely white, except for the Coloured Corps established recently. Instructors for this Corps are now being trained. It is intended that they will be able to take over more and more of the administrative jobs such as drivers, storemen, clerks, stretcher-bearers. The camp of the Coloured Corps in Cape Town is being prepared to accommodate 600 to 700 men for training.216 422 The police force has not been greatly increased, but has been supplemented by a large police reserve and assured of support by the Armed Forces in dealing with internal disturbances. STRENGTH OF POLICE FORCE 1960-1961 1963-1964 1964-1965 Whites ...... 13,452 14,560 14,862 Non-whites .... 14,635 14,783 14,784 TOTAL 28,087 29.343 29,646 SoURcE: Estimates of Expenditure, 1960-1961, 1963-1964, 1964-1965. 423. According to the annual report of the Commissioner of Police for 1963, the actual number of policemen was 27,440, including 13,770 Whites and 13,673 non-whites. There were, however, 3,573 white sergeants and only 1,116 African sergeants.27 African policemen, moreover, do not carry firearms. White control over the police is further strengthened by the police reserve. 424. The Minister of Justice stated on 3 March 1964 that the strength of the police reserve was 19,663, out of which 19,313 were Whites, 231 Coloureds and 119 Indians.218 425. A spokesman at Police Headquarters, Pretoria, said on 18 August 1964 that the strength of the police reserve had reached 17,554 and that reservists were attached to almost every police station in South Africa. He said that the scheme was proving a big success and that the police were well satisfied with the work done by the reservists. The reserve, which now exceeds the total strength of the regular white police force, consists of four groups: 214 The Star (Johannesburg), 13 July 1964. The Air Commando, announced in 1963, is designed to give air reconnaissance support to Commando units. 'r15 The Star (Johannesburg), 13 July 1964. 216 The Cape Times, 18 June 1964. 217 Ibid., 30 May 1964. 218 Of these, 16,220 Whites, 187 Coloureds and 87 Indians had already completed their basic training and were doing duty on a temporary and voluntary basis to gain the requisite practical experience; and 3,093 Whites, 44 Coloureds and 32 Indians were undergoing training. The Minister stated that branches had been established for Whites, Coloureds and Indians, and that a branch for Africans would be considered when it was deemed expedient. He recalled that the police reserve had originally been planned at a total of 5.000 but stated that in view of the interest displayed, the ultimate strength would not be determined at that stage. (Republic of South Africa, Housc of Assembly Debates (Hansard), 3 March 1964, cols. 2314 and 2315.) (a) Group A men would be regarded as full-time police in times of emergency. They would be paid if called up and would carry out normal police duties; (b) Group B reservists are the "home guard" men who would do two hours police duty a day in their own residential areas during emergencies; (c) Group C reservists are employees responsible in emergencies for the security of important installations and services at their places of work; and (d) Group D men are plattelanders who would constitute a civilian riot force carrying out police duties in the initial stages of any emergency until regular police arrive in sufficient strength. There are 4,981 men in group A; 8,960 in group B; 2.530 in group C and 1,083 in group D. Many of the reservists are doing two hours and more duty a month with the police at present.219 426. The Police Amendment Act, No. 64, 1964 provides for a police reserve of officers who have retired or resigned from the force. Under this Act, the Commissioner of Police, or any commissioned officer acting under his authority, is authorized to employ any member of the police reserve of officers in the police force. 427. Large numbers of civilians are being trained in the use of firearms. The Minister of Justice, Mr. B. J. Vorster, stated on 11 September 1963 that 27,250 women in South Africa belonged to pistol clubs where they received instruction from police officers.220 428. The widespread ownership of firearms appears to be creating difficulties. Brigadier L. J. Steyn, Divisional Commissioner of Police for the Witwatersrand, was reported to have stated in August 1964 that people in Johannesburg were too trigger-happy. Shooting incidents were reported almost daily in the city.22(c) Civil derfnce plans 429. Press reports indicated that, in April 1964, the Government had drawn up a master plan for civil defence in the event of riots or war. The plan would provide for reception centres for civilians, hospital facilities and the concentration of rescue workers at points near "target areas".'22 430. Senior officials of the office of the Director of Emergency Planning were subsequently reported to have visited major cities to make preliminary arrangements such as first-aid training.223 431. The Press has also reported the approval by the Government of a national survival plan to ensure the safety of South Africa in the event of war, uprisings or any other emergency. It includes special steps to protect strategic installations, including harbours, petrol storage depots, power stations and other key points. Fenc-s would be put up around all places declared to be of strategic importance, and they would be subject -v The Star (Johannesburg), 18 August 1964. Ibid., 11 September 1963. 21 it was estimated in 1960 that there were 100,000 firearms in Johannesburg-- one to every four white men, women and children. Since then several thousand more licenses have been issued for firearms (The Star (Johannesburg), 11 August 1964). About half of South Africa's three million Whites are reported to possess firearms (The New York Times, 8 June 1964). 222- Snday Times (Johannesburg), 26 April 1964. =",3 The Cape Tinies, 19 May, 1 June, 24 June and 13 August 1964.

Annex No. 12 93 to security controls as stringent as those imposed during World War II. 432. The Government has set up a special committee of police and defence experts to compile a list of military and strategic installations which would be declared "protected areas" in case of emergency in terms of the General Law Amendment Act, No, 37, 1963. Under this Act, the Minister of Justice may declare protected areas by notice in the Government Gazette and direct the owners of such areas to erect security fences, refuse admittance to all persons not authorized by the Minister and institute other precautionary measures at their ,lwn expense. He may also designate any person "in the service of the State", and specifically military personnel, to take charge of any such installation. The Minister of Defence stated that special units of the Commandos would be responsible for the security of strategic installations, and that Africans would be excluded from all duties connected with the security of such installations. 433. The Commissioner of Police, General J. M. Keevy, announced on 24 August 1964 that the police had completed their list of strategic installations.224 (d) Defence research 434. Defence research, begun in 1962 with the collaboration of the Council for Scientific and Industrial Research (CSIR) and the Defence Force, was actively promoted and expanded. Close contact was maintained with industry and the universities. 225 435. Early in September 1963, it was announced that the CSfR was recruiting highly qualified scientists to be sent overseas for two years for the necessary training to conduct research into the construction of rockets.220 436. On 27 October 1963, Professor L. J. le Roux, Vice-President of the CSIR, said that South Africa was perfecting methods to combat internal danger and repel possible surprise attacks from without. He added that the newly established Rocket Research and Development Institute was developing a rocket-propelled ground-to-air missile. He also indicated that a naval research institute would soon be established to study scientific methods to protect the Republic's harbour and coastline.227 437. Professor le Roux stated on 7 November 1963 that the South African Government was studying recent developments in airborne weapons, including poison gases known to be capable of massive devastation, in order to strengthen defences against surprise attacks from the air. He said that gas was coming back as a low-cost weapon of frightening power and added: "We appreciate that these poisons are capable of being delivered in vast quantity by aircraft or longrange missile and they can have a destructive effect similar to that of a nuclear bomb of 20 megatons. These gases are ten times more poisonous than any other substance you can name... We must be alert to such dangers."228 224 Ibid., 26 August 1964. The listed installations include certain factories, petrol storage points, power stations, etc. Anyone who enters a protected area without authority can be gaoled for periods of up to fifteen years. 225 South African Digest (Pretoria), 31 October 1963. 226 Ibid., 5 September 1963. 227 Ibid., 31 October 1963; The New York Times, 28 October 1963; Agence France Presse, 28 October 1963. 228 Reuters, 7 November 1963. 438. On 23 August 1964, The Sunday News (New York), reported that Professor W. E. Schilz, Dean of Science at Pretoria University, had recently told an Air Force meeting in Johannesburg that chemical weapons might be the nation's only effective answer to aggression by neighbouring countries. "Schilz said that considering the viciousness of all weapons, chemicals might be considered relatively humane. He also pointed out that the rural character and dispersed population of South Africa's neighbours would make their natives almost invulnerable to normal weapons if war came." (e) M'anufacture of arms and ammunition in ,South Africa 439. Manufacture of weapons and munitions in South Africa has been greatly expanded in recent years, The budget provision for the manufacture of munitions has increased almost a hundredfold over the past five years as follows: Rand Dollar 1960-1961 ...... 368,000 (515,200) 1961-1962 ...... 3,341,000 (4,677,400) 1962-1963 ... 14,289,000 (20,004,600) 1963-1964 ...... 23,572.000 (33,000,800) 1964-1965 ...... 33,002,500 (46.203,500) SoucE: Estimates of Expenditure, 1960-1961, 1961-1962, 1962-1963, 1963-1964, 1964-1965. 440. The Minister of Defence, Mr. J. J. Fouch6, said in September 1963 that South Africa still needed certain types of arms, but that so much progress had been made with the production of arms and ammunition that South Africa was now almost independent of foreign sources of supply. If the threats of certain countries to stop supplies to South Africa were carried out, he foresaw great progress in the manufacture of arms in the country. He claimed that South Africa's problem was no longer to persuade arms manufacturers of other countries to produce arms in South Africa, but rather to decide whose requests for the establishment of factories should be accepted.2441. Mr. Fouch6 added on 14 October 1963 that South African production of arms, ammunition and explosives had risen 80 per cent in the past four years and that the variety of arms and ammunition manufactured was three times as great as during World War II, despite the greater complexity of modern weapons.220 He said in December 1963 that South Africa had not been buying arms for internal use for some time and that it either had, or was manufacturing, all arms needed for internal security.2"5 442. He stated at a Republic Day meeting on 30 May 1964 that South Africa needed no arms from abroad "to maintain internal security". It would be "an eye- opener" to opponents of South Africa to see what arms were being manufactured3" 443, According to statements in Parliament and also press reports,"': South Africa is self-sufficient in "29South Africai Digest (Pretoria), 19 September 1963. "22"Agence France Presse, 14 October 1963; The Cope Times, 15 October 1963. 23i Sosuthern Africa (London), 20 December 1963. 232 The New Yorke Times, 31 May 1964. 23-3 Statement by the Minister of Defence in the Senate (Senate of the Republic of South Africa, Debates (Official Report), 26 April 1961, cols. 3691 and 3692). See also iKomodo (Pretoria), December 1960; The New York Times, 26 March and 4 June 1964; Rand Daily Mail (Johannesburg), 8 August 1964.

General Assembly-Nineteenth Session-Annexes the production of small arms and ammunition. These are produced by the South African Mint, the Defence Ordinance factories and the three factories set up by the African Explosive and Chemical Industries Ltd., a private company with a capital of RIO million ($14 million) frim Imperial Chemical Industries of the United Kingdom and R 10 million ($14 million) from de Beers Consolidated Mines Ltd. Tear gas and ammunition for small arms used by the South African army are nmnufactured in these factories, The Defence (rdinance \Vrtksholp at Lyttleton, near Pretoria. manufactures 3.5 inch anti-tanik- rockets and 3-inch aircraft rockets. 444. Moreover, the FN 7.62 automatic rifles, manufactured under a Belgian licence, have been produced this year.234 On the occasion of the presentation of the first rifle to the Prime Minister, the Minister of Defence welcomed the representative of the Belgian FN munition factory, Mr. de Gunst, and said: "We are indeed glad that you are here to share our joy on this occasion."235 445. South Africa has also undertaken manufacture of the Panhard armoured car under licence from France.236 446. A notable development in this connexion is the recent decision to manufacture aircraft in South Africa. 447. For some time, there have been reports of plans to manufacture jet trainers in South Africa to replace the ageing Harvard propeller-driven trainers. 448. The Miles Aircraft Company of the United Kingdom registered a South African subsidiary in 1964 with plans to establish a factory in Cape Town at a cost of R1,500,000 ($2,100,000) to build Mark IT Miles Student aircraft.237 It was noted that this move "could short-circuit any political interference from a hostile British ruling political party",238 449. In August 1964, the Prime Minister and the Minister of Defence announced that an aircraft industry would be established in South Africa, and that jet trainers for the Air Force would he the first aircraft to be manufactured locally.239 450. The Press reported that the Government had given closest consideration to the French FougaMagister CM-170 and to the Italian Macchi, and had decided to manufacture the Macchi under licence. The transaction was reported to involve more than £15 million sterling.240 451. The Atlas Aircraft Corporation has been formed by the Bonus Investment Corporation (BONUSKOR) and other companies with a capital of RIO million ($14 million).241 Mr. M. S. Louw, Chairman of 234 The FN 7.62 automatic rifles were first purchased by South Africa in 1960 and the licence to manufacture obtained. Assembly and partial manufacture of the rifles began in 1961 and the first rifles made fully in South Africa tested in 1964 (Komando (Pretoria), December 1960, and Rand Daily Mail Joliannesburg), 8 August 1964). 235Northern News, 25 September 1964, quoted in Spotlight on South .,1frica (Dar es Salaam), 9 October 1964. 236 The New' York Times, 26 March and 4 June 1964. 2. . The engine of this aircraft is French and is made by the same company which produces the jets for the Alouette helicopters used by the South African Air Force. 2?8 The Cape Times, 25 June 1964. 239 Ibid., 3 August 1964; The Star (Johannesburg), 30 August 1964. 240 Le Monde (Paris), 17 August 1964. The engines for Macchi jets are made in the United Kingdom. 241 The Cape Times, 10 September and 11 November 1964. Bonuskor, said in September 1964 that the factory would be in production within two years. He added: "We have established contacts all over the world, and will be bringing in technicians and scientists from abroad in the very near future.'242 452. Meanwhile, the Munitions Productiom Act, No. 87, 1964, was promulgated in June to provide for the establishment of a Munitions Production Board empowered to manufacture and supply any munitions required by the State.243 (f) Import of military equipment 453. The South African Government has continued to import military equipment from abroad. Delivery of the three modern anti-submarine frigates ordered by the South African Navy in the United Kingdom has been completed. The President Steyn arrived in Cape Town in September 1963 and the President Pretorius in September 1964. South Africa has also commissioned two refitted destroyers, the Simon van der S'tel and the Jan van Riebeeck. It is expanding dockyard facilities at Simonstown for the Republic's war fleet 244 454. The South African Government was reported to have ordered sixteen Buccaneer Mark II naval strike aircraft, and the equivalent of four more in spares, in October 1963 at a cost of more than £20 million sterling. The Daily Telegraph, London, reported in September 1964 that an order for sixteen more of the aircraft was under negotiation.246 455. A spokesman for the manufacturers of these aircraft was reported to have stated in September 1964 that a possible change in the United Kingdom Government would not affect the early delivery of the Buccaneers to South Africa. He added that the exact delivery date was kept secret, at the request of the South African Government, but "they will be handed over within months".246 456 The South African Government was also re, ported to have negotiated for the purchase of Bloodhound Mark II anti-aircraft missiles from the United Kingdom. The Sunday Times of London quoted an official of the British Aircraft Corporation as having confirmed on 15 August 1964 that negotiations for a £ 15 million order had been going on for many months and had reached an advanced stage. After discussion with the United Kingdom Government, however, the company decided to delay the negotiations until after the general election.247 457. The victory of the Labour Party in the general election in the United Kingdom in October 1964 led to uncertainty as to the further shipments of arms from the United Kingdom to South Africa. 458. The South African Minister of Defence, Mr. J. J. Fouch6, said on 16 October 1964, however, that he did not think that the change of government in the United Kingdom would have any adverse effect on South African weapon purchases. He said: 242 gunday E.rpress (Johannesburg), 13 September 1964, quoted in Spotlight on South Africa (Dar es Salaam), 9 October 1964. 243Goverinnt Gazette Extraordinary, 7 July 1964. The composition of the Board was announced on 21 September 1964 (The Cape Times, 22 September 1964). 244 South African Digest (Pretoria), 3 April 1964. 21-- The Cape Times, 4 September 1964. 246 The Star (Johannesburg), weekly edition, 19 September 1064. 247 The Cape Times, 17 August 1964. re A rrca in considerable 'confidence'. This was done to lessen the political repercussions from the delivery flight. "The Canberras were bought at a very fair price and are fuIly equipped tactical strike aircraft. "A senior South African officer made it clear to me that the type of equipment the Republic wanted to buy could not be regarded as 'anti-black'. "It was because of South Africa's firm desire to contribute towards the military strength of the West that it wanted this sophisticated and costly equipment. "If South Africa cannot huy British equipment, the order will go to a European country, probably France or Italy. Both have the equipment available and have been trying hard for the sale." 249 Agreement on the Defence of the Sea Routes round Southern Africa, and Agreement relating to the Transfer of the Simonstown Naval Base, 30 June 1955 (see Exchanges of Letters between the Governments of the United Kingdom and the Union of South Africa, June 1955, London, Her Majesty's Stationery Office (Cmd. 9520)). 250 The Cope Times, 16 November 1964. (h) International concern over the military build-up in South Africa 469. Widespread international concern over the military build-up in South Africa was reflected in the 2,5l South African Digest (Pretoria), 21 November 1963. Further orders were reported to have been stopped in December 1963. The South African Press reported that a double-barrelled anti-aircraft gun, fully automatic and radar-controlled, was demonstrated to the Press on 12 October 1964. It is not known whether this new weapon was manufactured in South Africa or imported as the Defence Headquarters instructed the Press to withhold information regarding its make and characteristics (The Cape Times, 13 October 1964). 25-- Delivery of these aircraft was reported to have begun in June 1963. The squadron is believed to number seventeen. South Africa had earlier purchased 50 Aloiette jet helicopters from France (The New York Times, 26 March and 4 June 1964). 253 The Cape Times, 19 May 1964. 254Ibid., 28 October 1964. 2-5, South African Digest (Pretoria), 22 May 1964. Annex No. 12 95 "I know that Mr. Wilson has said that he will not 461. On 25 November 1964, the Prime Minister of deliver anything to South Africa in that line. But if the United Kingdom announced that the shipment of Mr. Wilson decides not to, South Africa will simply sixteen Buccaneers would be sanctioned, but no further have to turn to some other country to buy the weap- South African contracts would be entered into. He ons which she intended to buy in Britain for 90-odd added that shipment of spares for the sixteen Bucmillions."211 caneers would be allowed as and when required. 459. On 15 November 1964, the Prime Minister, 462. Meanwhile, the South African Government has Mr. H. F. Verwoerd stated that if the United Kingdom continued to seek arms from other countries. did not fulfil the contract for the delivery of Buccaneer 463. The Swiss Federal Cabinet announced in aircraft, "then the Simonstown Agreement249 can no November 1963 that it had authorized a Swiss firm, longer be maintained". He added that if the United Oerlikon, to deliver several anti-aircraft guns and Kingdom withheld arms from South Africa, "we shall explosives to South Africa. It stated that export of be foiced to buy them on the black market" .25o these weapons had been permitted because they were 460. On 17 November 1964, the Prime Minister of exclusively for air defence.211 he United Kingdom, Mr. Harold Wilson announced: 464. South Africa was also reported to have received "The Government have decided to impose an embargo a squadron of Mirage III-C jet fighters from France on the export of arms to South Africa. during the period under review.252 "Since the Government took office no licences for the (g) llIilitarv co-operation with other countries export of arms to South Africa have been issued. It has o-erlion it the r Couni now been decided that all outstanding licences should be 465. Despite the resolutions of the Security Council revoked except where these are known to relate to current and the General and the universal condemnacontracts with the South African Government. The contract tion of the military and police build- up in South Africa, to supply 16 Buccaneer aircraft is still under review, some other States have co-operated with the South "Outstanding commitments by the Ministry of Defence Afric.an Government in the military field. will be fulfilled. Imt as from t,,day no new contracts will 466. As indicated earlier, South Africa has been be accepted for the supply of military equipment. The able to import large quantities of military equipment. Ministry of Defence will proceed with manufacturing agree- South African nationals have obtained training in the ments that ave already been concluded but not yet use of this equipment and the country has received executed. licences, capital and capital equipment for the local "Licences for the export of sporting weapons and am- manufacture of arms. munition will be revoked and shipment will be stopped 467, South Africa has maintained amicable relations, forthwith. In other cases when licences are revoked, fresh in the military field, with Portugal. The commander licences will be issued to the extent necessary to permit the of the South African Air Force visited Lourenco execution of current contracts. Marue S o veber Ai6 Force vi i o o frenco "These decisions bring the Government's policy into line Marques in November 1963 at the invitation of the with Uni:ed Nations resolutions on this question, the latest ander of the air force in Mozambique. The Conof which was the Security Council resolution of June 18." mander-in-Chief of the South African armed forces, Commandant-General P. H. Grobbelaar, visited lo248Ibid., 17 October 1964. The Daily Telegraph (London) zambique in May 1964 at the invitation of the Comported on 8 October 1964: mander-in-Chief of the armed forces in Mozambique, "The South African Government is waiting until after Rear Admiral Sarmento Rodrigues." General Jodo the General Election to place in Britain a 'huge' order for Carrasco, officer commanding the military area of Momilitary equipment, possibly worth £75 nmillion, over the next v d October 1964.254 few years. The order will be given at once if the Conservafives win. 468. South Africa participates in the annual naval "It will be for 15 more Buccaneer Mark IIs, about 200 exercises around the Cape, known as "Exercise Capex". training aircraft to be built in South Africa under licence The United Kingdom and Portugal took part in the but fitted with Bristol-Siddeley engines, and some antisubmarine helicopters. latest exercise organized by the South African Navy "South Africa also wants to order two submarines and in May 1964. The exercise involved anti-submarine, naval equipment of an anti-submarine nature, including anti-aircraft and convoy operations designed to gain Sapons. experience of local conditions in the defence of the sea ,. ecently six Canberra bombers were flown intn South routes around Southern Africa.2 5 96 General Assembly-Nineteenth Session-Annexes Security Council resolutions of 7 August 1963,256 4 December 1963267 and 18 June 1964;2-' General Assembly resolutions 1761 (XVI!} of 6 November 1962 and 1978 (XVIII) of 16 December 1963; and the responses of Member States to the Security Council and General Assembly resolutions, including the decision announced bv the United States Government in August 1963 that no arms would be supplied to South Africa beyond the end of 1963. 470. Particularly notable in this connexion has been the recent growth of sentiment against arms shipments to South Africa in the United Kingdom, which has traditionally been the principal supplier of arms to South Africa. 471. It may be recalled that under the Simonstown Agreement of 1955 providing for co-operation in the defence of the sea routes around the Cape, the United Kingdom agreed to supply South Africa with naval vessels. In pursuance of that Agreement, South Africa purchased three anti-submarine frigates which were delivered in 1963 and 1964. Also under this agreement, the United Kingdom supplied Westland Wasp helicopters which can be used on these frigates for submarine spotting. 472. In recent years, in response to concern over the racial situation in South Africa, the United Kingdom Government declared that its policy was not to export to South Africa any arms which would enable the policy of apartheid to be enforced. 473. A number of British organizations expressed dissatisfaction with this position and argued that a distinction between weapons which could be used for defence against external attack and weapons which could be used for internal repression could not be maintained. They stated that the United Kingdom continued to supply spare parts for the Saracen armoured personnel carriers, such as those which had been used at Sharpeville in 1960, and that the aircraft supplied by the United Kingdom could be used for internal repression. They called for a total ban on the supply of military equipment as well as spare parts. 474. Opposition to arms shipments increased in 1963 when the Press reported approval by the United Kingdom Government of the sale of Canberra Mark B12 and P.R.3 aircraft and Buccaneer Mark II lowlevel jet attack aircraft which were not covered by the Simonstown Agreement. 475. Public opposition in the United Kingdom to the supply of arms to South Africa was encouraged by an appeal sent by Chief Albert J. Luthuli in May !963 and published in London.259 In this appeal, Chief Luthuli said that the South African Government "has insanely committed itself to rule by the machine-gun and the armoured car; has elected to go down in a messy welter of blood and destruction rather than work out a clean and honourable solution". He stated that it had marshalled "the whole ferocious panoply of war" for that purpose, and added: "Saddening as this is, there are other features of the situation which increase our sadness. Those who are providing the Government with these terrifying weapons of 2.-,; Official Records of the Security Council, Eightenth Year, Supplement for July, August and September 1963, document S/5386. 257 Ibid., Supplement for October, Novembcr and December 1963, document S/5471. 251 Ibid., Nineteenth Year, Supplement for April, May and June 1964, document S/5773. 250 Peace News (London), 24 May 1963. destructin are countries which allegedly care for human fruedom. Certainly, some of them have a proud record in the defence ,f human liberties. Almost all of them have known the travail of war, of conflict against ruthless oppression: have known the bitterness of race hatred and the wounds of armed conflict. Yet these countries today, and Britain foremost among them, are guilty of arming the savage Nationalist Party rhgime. The Saracens built in Britain have already left an indelible blot on the history of my country; now it seems that your Buccaneers and your tanks must leave their foul imprint... "I would ask yon in particular to unite in protesting, voc;feronsly and unremittingly, against the shipment of arms to South Africa. On this issue let our voice be clear and untiring: 'No arms for South Africa!' "When you contemplate the mass of cruelly repressive legislation, when you observe the horrifying, pitiful toll of human suffering and indignity, and when you see the way this fair country is blasted b% the racially insane, let your cry be: 'No arms for South Africa!' "And when you visualise the terrible havoc which may be wreaked on South Africa, havoc of which Sharpeville was the merest minor portent, by the most deadly and destructive military weapons known to modern man, let your cry be: 'No arms for South Africa!'"I direct a special appeal to all the workers of the world who share with us, not only the common brotherhood of labour, but who in many instances have shared with us a common suffering and hardship. I appeal to them to make their voices heard and to show their unity with us not only in words but in actions. To those working in the factories where these deadly weapons are manufactured I say, make sure that your labour is not used to produce the weapons which will deal death to the people of my country. And to those having any part in the transaction-the dockworkers, the sailors, the airport workers and all others, I say: 'let vour opposition be shown, not only in your cry "No arms for South Africa," but also in your resolute refusal to lend your labour for this foul purpose.' "Perhaps it is futile to appeal to those who put profits before justice and human lives. Nevertheless, in all sincerity I appeal to them to pause and rethink their sense of values which puts material values before human lives. For this is the meaning of their making available their murderous wares to the South African Government... "To the nations and governments of the world, particularly those directly or indirectly giving aid and encouragement to this contemptible Nationalist r~gime, I say: 'Cast aside your hypocrisy and deceit; declare yourself on the side of oppression if that is your secret design. Do not think we will be deceived by your pious protestations as long as you are prepared to condone, assist and actively support the tyranny in our land.' "The text is your stand on the principle: 'No arms for South Africa!' No expressions of concern, no platitudes about injustice will content us. The text is action-action against oppression." 476. On 16 October 1963, the British Council of Churches expressed concern over the abstention by the United Kingdom on the Security Council resolution of 7 August. After discussion by a delegation of the Council at the Foreign Office, its Executive Committee issued a statement on 16 December calling upon the Government "to reconsider its policy concerning the sale to South Africa of further British-built or licensed military equipment or spare parts of any kind whatsoever, capable of use on land or in the air for purposes of internal repression". 477. The question of arms shipments has been repeatedly raised by Labour Party members in the United

Annex No. 12 97 Kingdom Parliament.260 A few recent examples may (a) Action by Member States be noted:nd 483. African Member States continued to show (a) On 12 March 1964. Mr. Harold Wilson, leader rave concern over the matter and a determination to of the Labour Party, asked for an assurance that there take and promote effective measures to secure the would be no shipment of arms outside those specified abandonment of the policy of apartheid. The Council in the Simonstown Agreement. of Ministers of the Organization of African Unity, at (b) On 23 April 1964, Mr. Harold Wilson suggested its second regular session, held in Lagos from 24 to that the Government's representations to South Africa 29 February 1964, reaffirmed that "sanctions of every on repressive measures would be greatly strengthened kind represent the only remaining means of peacefully if the Government ceased its equivocal attitude on an resolving the explosive situation prevailing in South arms embargo on South Africa. Africa", and submitted recommendations to the Heads (c) On 28 April 1)4, Mr. Harold Wilson asked of State and Government to promote such a solution the Prime Minister to publish all the figures of arms (see A/5692, annex III). shipments to South Africa in 1963. 484. The Assembly of Heads of State and Govern(d) On 16 June 1964, Mr. Patrick Gordon Walker ment of the Organization of African Unity, at its first said: "We should forthwith stop all exports of arms, ordinary session in Cairo, 17-21 July 1964, endorsing We should go further, I think, and draw up a list, with the recommendations made by the second session of our allies and, if possible, with other Powers, of the Council of Ministers, reiterated its appeal to all trategic goods whose export to South Africa should countries to apply in the strictest manner the economic, be banned." diplomatic, political and military sanctions already de47S. The Government, however, took the position cided by the United Nations General Assembly and that the United Kingdom and South Africa had a corn- Security Council; appealed to the major commercial mon interest in the defence of the sea routes around partners of the South African Government to disconthe Cape, that the arms supplied to South Africa were tinue the encouragement they were giving to the mainintended first and foremost for defence against ex- tenance of apartheid by their investments and comternal attack, that the South African Government had mercial relations with the Pretoria Government; and not ordered more military equipment than it could rea- decided to take the necessary steps to refuse any sonably require for this purpose, and that a total ban aeroplane or ship or any other means of communication on arms shipments would harm the economy of the going to or coming from South Africa the right to fly United Kingdom. over the territories of Member States or utilize their 479. A change of policy is anticipated with the recent ports or any other facilities. Moreover, convinced of change of government in the United Kingdom. Mr. the necessity of urgently intensifying action to further Patrick Gordon Walker, then Secretary of State for the application of sanctions against the South African Foreign Affairs, said on 1 October 1964 during the Government, the Assembly appealed to all oil-producing election campaign: '"We should stop all arms-anything countries to cease, as a matter of urgency, their supply that could be described as weapons." of oil and petroleum products to South Africa; called 480. The South Africa Working Party of the British on all African States to implement the decision of the Council of Churches submitted a report in September Summit Conference of Independent African States at 1964 suggesting, inter alia, that the supply of any Addis Ababa to boycott South African goods and to further arms to South Africa be prohibited forthwith, cease the supply of minerals and other raw materials The Council, in a resolution on 20 October, commended to South Africa; and requested the co-operation of all the report to the member Churches and decided to seek countries, and in particular the major trading partners an early opportunity to discuss the British policy of South Africa, in the boycott of South African goods towards South Africa with the Secretary of State for (for the texts of the resolutions, see document A/ Foreign Affairs. AC.1 15/L.83). 481. The announcement by the new Government of 485. The Second Conference of the Heads of State the United Kingdom on 17 November 1964 that it had or Government of Non- Aligned Countries, held in decided to impose an embargo on arms to South Africa Cairo, 5-10 October 1964, stated that the Government has aroused hopes for an effective international em- and peoples represented at the conference had decided bargo in fulfilment of the relevant decisions of the that they would not tolerate much longer the presence Security Council. r E. INTE .NATIONAL OPPOSITION TO THE POLICIES OF apartheid 482. World-wide opposition to the policies of apartheid and the ruthless repressive measures by which these policies have been implemented, reached a new peak during the period under review. The adoption of General Assembly resolutions 1881 (XVIII) of 11 October 1963 and 1978 (XVIII) of 16 December 1963, and the Security Council's resolutions of 4 December 1963, 9 June 1964 and 18 June 1964, by unanimous or nearly unanimous votes, reflected the revulsion felt in all Member States at the racial policies of the South African Government and an awareness of the serious dangers likely to result. 26°As early as March 1963, Mr. Harold Wilson, leader of the Labour Party, called for a ban on arms shipments. 0m Me Rnepuolic ot South Africa in the comity of nations. It declared that the inhuman racial policies of South Africa constituted a threat to international peace and security. It regretted that the obstinacy of the Pretoria Government in defying the conscience of mankind had been strengthened by the refusal of its friends and allies, particularly some major Powers, to implement United Nations resolutions concerning sanctions against South Africa. The Conference, therefore, called upon all States (a) to boycott all South African goods, especially arms, ammunition, oil and minerals to South Africa; and (b) to break diplomatic, consular and other relations with South Africa if they had not yet done so. It requested the Governments represented at the Conference to deny airport and overflying facilities to aircraft and port facilities to ships proceeding to and from South Africa, and to discontinue all road or rail-

98 General Assembly-Nineteenth Session-Annexes way traffic with that country (for the text of the resolution, see document A/AC.115/L.91). 4S6. At the Commonwealth Prime Ministers' meeting, held in London, 8-15 July 1964, several Prime Ministers called for the application of economic sanctions and an arms embargo against South Africa.261 487. The action taken by these and many other Member States in response to the resolutions of the General Assembly and the Security Council and the appeal of the Special Committee concerning trials and death sentences in South Africa, showed widespread determination to do all they could to resolve the situation in South Africa. (b) Protests against apartheid in the specialized agencies and other inter- governmental agencies and con rfoncs 488. The abhorrence of the policies of apartheid by world public opinion and the refusal of the South African Government to pay heed to world opinion has led to the withdrawal of South Africa from a number of international organizations or its expulsion by them. 489. South Africa withdrew from the United Nations Educational, Scientific and Cultural Organization several years ago. During the past two years, South Africa has withdrawn from, or has been suspended or expelled from, the International Labour Organisation, the Food and Agriculture Organization of the United Nations, the United Nations Economic Commission for Africa, the Commission for Technical Co-operation South of the Sahara and the Council for Science in Africa. South Africa has been excluded from numerous African regional meetings and its presence at various international conferences led to vigorous protests. 490. Some of the main developments during the period since 13 September 1963 are reviewed below. (i) Food and Agriculture Organization of the United Nations 491. At the twelfth session of the Conference of the FAO in Rome, 16 November to 5 December 1963, the Government of Ghana proposed a constitutional amendment to provide for the exclusion of a member or associate member which had persistently violated the principles contained in the preamble to the Constitution of the Organization. The sponsor of the amendment and its supporters stated that the absence of such a provision in the Constitution had precluded the possibility of giving effect to the demand of the African States for the exclusion of South Africa by reason of its policies of apartheid. The amendment received 47 votes in favour, 36 against and 11 abstentions, and was not adopted as it failed to receive the required two-thirds majority. :fi The communiqu6 issued at the close of the meeting stated: "'The Prime Ministers reaffirmed their condemnation of the policy of apartheid practised by the Government of the Republic of South Africa. Some Commonwealth Prime Ministers felt very strongly that the only effective means of dealing with the problem of apartheid was the application of economic sanctions and an arms embargo. It was recognized, however. that there was a difference of opinion among Commonwealth countries as to the effectiveness of economic sanctions and as to the extent to which they regarded it as right or practicable to seek to secure the abandonment of apartheid by coercive action, of whatever kind. But the Prime Ministers were unanimous in calling upon South Africa to bring to an end the practice of apartheid, which had been repeatedly condemned by the United Nations and was deplored by public opinion throughout the world." 492. On 5 December 1963, the Conference adopted a resolution, with South Africa alone voting against, to decide that the Republic of South Africa would no longer be invited to participate in any capacity in FAO conferences, meetings, training centres, or other activities in the African region, until the Conference decided otherwise. 262 493. Subsequently, on 18 December 1963, the South African Government gave notice of withdrawal from membership in the FAO. (ii) International Atomic Energy Agency 494. On 1 October 1963, during the seventh session of the General Conference of IAEA, twenty members from Asia and Africa submitted a joint declaration recalling that membership of the Agency was open to those States which subscribed to and acted in accordance with the principles of the United Nations Charter and noting that the South African Government had continued to maintain the policies of apartheid disregarding a!1 United Nations resolutions condemning such policies. They (a) condemned the policies of apartheid of the South African Government; (b) deprecated the South African Government's irresponsible flouting of world opinion by its persistent refusal to put an end to its racial policies; and (c) appealed to all Member States to use their utmost endeavours to secure in the shortest possible time a review of South Africa's apartheid policy in the context of the work of the Agency. 495. At the eighth session of the General Conference in September 1964. nine African members signed a joint declaration that South Africa could not represent African countries. Several African countries asked that South Africa be removed from the Board of Governors. (iii) International Civil Aviation Organization: AfricaIndian Ocean Air Navigation Meeting, November 1964 496. At the Africa-Indian Ocean Regional Air Navigation meeting which opened on 23 November 1964 in Rome, the representative of the United Arab Republic, speaking on behalf of the African States, expressed regret at the presence of South Africa and stated that they did not desire to participate in any discussion which might be initiated by South Africa. (iv) International Labour Organisation 497. The question of South Africa was considered at the 48th session of the International Labour Conference in Geneva, June-July 1964. 49,S. On 7 July 1964, the Conference unanimously adopted ,.n instrument of amendment to the Constitution of the Organisation to empower the General Conference to expel from membership any Member which the United Nations had suspended from the exercise of the rights and privileges of membership. 499. On the same day, the Conference adopted, by 253 votes to 24, with 35 abstentions, another instrument of amendment to the Constitution providing for the suspension from the Conference of a Member found by the United Nations to be flagrantly and persistently 2 2 Earlier, the second FAO Regional Conference for Africa, which had been convened in Tunis in November 1962, was unable to proceed with its work as the African representatives refused to sit with the representative of South Africa.

Annex No. 12 99 pursuing by its legislation a declared policy of racial discrimination such as apartheid. 500. On 8 July 1964, the Conference unanimously adopted a "Declaration concerning the Policy of Apartheid of the Republic of South Africa" and "1\n ILO Progr2mme for the Elimination of Apartheid in Labour Matters in the Republic of South Africa". 501. The Government of South Africa on II March 1964 addressed a communication to the DirectorGeneral of the International Labour Office stating that it had decided to withdraw from the Organisation. This communication followed recommendations adopted by the Governing Body of the Organisation, at its session from 13 to 17 February 1964, which formed the basis for the decisions of the Conference. 502. Subsequently, the South African Government was reported to have sent a circular to all State departments and to all State-aided institutions informing them that they should not react to any requests for information or aid of any kind from the International Labour Organisation.263 (v) International Telecommunication Union: African Broadcasting Conference, Geneva, October 1964 503. At the African Broadcasting Conference convened by the International Telecommunication Union in Geneva, it was decided on 13 October 1964, on the proposal of the delegation of Algeria, that the representatives of South Africa be expelled. The vote was 27 in favour, 9 against and 2 abstentions (thirteen delegations did not participate in the vote). 504. The Conference decided on 19 October 1964 to suspend its work sine die following an announcement by the secretariat that it was obliged to withdraw its services as the decision to exclude the South African delegation was contrary to a provision of the International Telecommunication Convention. (vi) United ATations Conference on Trade and Development, Geneva, March- June 1964 505. On 26 March 1964, the representative of India, speaking on behalf of the Afro-Asian Group, Yugoslavia, Trinidad and Tobago, and Jamaica, at the seventh plenary meeting of the United Nations Conference on Trade and Development, said that it was the desire of those delegations that the delegation of South Africa be excluded from participation in the Conference, and that they were determined to ignore the presence of that delegation. 506. In a subsequent communication, the delegations from Eastern Europe associated themselves with the attitude of the above States. 507. The great majority of delegations walked out of the conference room when members of the South African delegation spoke. (vii) Universal Postal Union 508. The Congress of the Universal Postal Union in Vienna, 29 May to 10 July 1964, approved by a simple majority a declaration sponsored by thirty-one member countries from Africa strongly condemning "'the policy of apartheid and the oppressive measures practised by the South African Government", declarinprofound indignation at the presence of the South African delegates, contesting "the minority representation 263 The Cape Times, 6 August 1964. of the South African Government" and demanding "their expulsion from the Universal Postal Union". The President thereupon asked the South African delegation to leave the conference hall. 509. A proposal that South Africa should not be allowed to adhere to the new Constitution and conventions of the Union was rejected on 9 July by 58 votes to 56, with 5 delegations absent. (viii) World Health Organization 510. When the thirteenth session of the Regional Committee for Africa of the Vorld Health Organization opened in Geneva on 23 September 1963, the representative of Mali, speaking on behalf of the African States, recalled the decisions of the Summit Conference of Independent African States held in Addis Ababa, 22-25 May 1963, and stated that it was impossible for the representatives of the African States to sit with those of South Africa. He requested the expulsion of South Africa, failing which the representatives of the African States would be obliged to leave. 511 The session adjourned sine die on the next day when the majority of members left the meeting. 512. The Seventeenth World Health Assembly, meeting in Geneva, adopted a resolution on 19 March 1964 suspending the voting privileges of South Africa in WHO in accordance with article 7 of the WHO Constitution which provides for suspension of voting privileges "if a member fails to meet its financial obligations to the organization or in other exceptional circumstances". The resolution also requested the Executive Board and the Director-General of WHO to submit to the Eighteenth World Health Assembly formal proposals with a view to the suspension or exclusion from the organization of any member violating its principles and whose official policy was based on racial discrimination. The vote on the resolution, sponsored by thirtyfour Member States from Africa and the eastern Mediterranean region, was 66 in favour, 23 against and 6 abstentions.264 513. The South African delegation withdrew from the Assembly after the resolution was adopted.28s 514. The South African Government did not send a representative to the session of the Regional Committee for Africa, held in Geneva from 14 to 21 September 1964. (c) Non-governmental protests and boycotts 515. During the period under review, there has been a tremendous world-wide demand by non-governmental organizations and individuals for the release of political prisoners in South Africa, and against the Rivonia trial and the death sentences on opponents of the policies of apartheid such as Vuyisile Mini, Wilson Khayinga and Zinakile Mkaba. Organizations of churches, workers, women, youth, students, teachers and others, repre264At the thirty-fourth session of the Executive Board which ended on 29 May 1964, none of the three draft resolutions concerning the formal proposals which the Seventeenth World Health Assembly had requested the Board to make received the required two-thirds majority. -65The Prime Minister, Mr. H. F. Verwoerd, told the House of Assembly on 26 March 1964 that South Africa had decided "not to withdraw voluntarily from membership of the World Health Organization, in spite of the provocation which so rightly led its delegation to leave the meeting at which the unjustifiable decision was taken" (Republic of South Africa, House of Assembly Debates (Hansard), 26 March 1964, col. 3706).

100 General Assembly-Nineteenth Session-Annexes senting hundreds of millions of members, have participated in protests against aparthcid and repression in South Africa and in demands for an immediate amnesty to all prisoners.'' 516. Cimiittees to campaign against apartheid have been formed in many countries, including Australia, Austria. Canada, France, Germany, India. Ireland, Israel. Japan. Netherlands, Norway and Sweden and the United Kingdom. 517 A number of communities and organizations have boycotted South African goods in protest against the policies of apartheid. 518. In the United Kingdom, several town councils have decided to boycott South African goods. Among these are the councils of Aberdeen, Cardiff and the borough of St. Pancras, London. Shops of three large co-operatives in South Wales are boycotting South Africn goods.267 519. In Norway, the State-run Norwegian Wine and Spirits Company announced on 20 April 1964 that it would stop using South African brandy in the production of its popular brands."G8 520. In Denmark, several chain stores boycotted South African products.2"9 521. In the Netherlands, the campaign of the South African Committee for a boycott of South African products received considerable public support.270 522. Many playwrights have declared that they would refuse permission to have their plays performed in South Africa and many artists have refused invitations to visit South Africa.27' 523. Numerous sports organizations have shown their revulsion against apartheid by excluding South African segregated teanis from international competitions. 524. Boycotts of South African goods have been organized by dockers in Australia. 525. In May 1964, Sydney waterside workers refused to unload 100 tons of South African haddock from a Norwegian ship Havflak and called on the Australian Council of Trade Unions to place a ban on all South African goods so long as the policy of apartheid continued.272 They held several stop-work meetings on this issue.273 Nearly 100 Sydney waterside workers were dismissed on 3 August 1964 when they refused to work on the Dutch freighter Straat Madus which, they claimed, was carrying South African cargo.Y4 Sixty Sydney waterside workers refused in September 1964 to work on the freighter New Zealand Star which carried 1,000 tons of frozen fish from South Africa, and 4,500 workers stopped work in the port 296 The documents of the Special Committee contain details on these protests. See, for instance, the letter of June 1964 from Mr. J. Thorpe, M.P., Honorary Secretary of the World Campaign for the Release of South African Prisoners (A/AC.115/L.75). "7 The Cape Times, 8 and 11 May 1964, 26 June 1964. 268 Ibid., 21 April 1964. 2,9 Ibid., 22 April 1964. 270 Ibid., 2 and 17 April 1964. 271 "The Beatles", a British quartet, announced on 10 July 1964 that they would not perform in South Africa because of racial segregation (The Cape Times, 11 July 1964). In Ireland, twenty-eight playwrights, including Mr. John McCann, the Lord Mayor of Dublin, Mr. Samuel Beckett, and the late Mr. Sean O'Casey signed a declaration refusing rights for performing their plays before segregated audiences in South Africa (The Cape Thies, 23 September 1964). 272 The Cape Times, 30 May 1964. 271 ibid., 2 and 17 June 1964. *'7 Ibid,, 4 August 1964. in sympathy with them.275 Four thousand waterside workers in Sydney stopped working for an hour on 24 September 1964 in protest against South Africa's polic' of apartheid276 Four hundred dock workers in Freemantle, at a meeting on 10 September 1964, reaffirmed their decision to protest against the handling of cargoes to and from South Africa.277 526. Public support and demands for economic sanctions against South Africa have been increasing. Communications from a number of organizations, in support of economic sanctions, were published as Coinmittee documents.'," 527. The International Conference on Economic Sanctions against South Africa, held in London in April 1964, reflected wide support among non-governmental organizations for economic sanctions. 528. Total or partial economic sanctions were recently supported by the Trades Union Congress in the United Kingdom on 9 September 1964; the American Negro Leadership Conference on 28 September 1964; and the British Council of Churches on 21 October 1964. F. SOME ECONOMIC ASPECTS OF THE SITUATION IN THE REPUBLIC OF SOUTH AFRICA 529. The intransigence of the South African Government has been encouraged by the recent boom conditions in the economy which have tended to prevent widespread realization of the negative effects of racial discrimination on economic growth, and to conceal the reality of the increasing political isolation of the country. This boom is reflected in and supported by the increase in the foreign trade of the Republic, especially with its major trading partners. 530. The Government claims that the country need not be unduly concerned over economic sanctions as it is economically strong and its major trading partners would not participate in such sanctions. It has, however, taken some steps such as the development of arms production and the encouragement of oil prospecting in order to meet any threat of economic sanctions. (a) Recent economic growth in South Africa 531. The South African economy has recently experienced a boom because of the rapid development of secondary industry and the high level of activity maintained by the gold mining industry. The great 27', Ibid., 11 September 1964. 276 Ibid., 25 September 1964. 277 Federal officers of the Australian Waterside Workers' Federation were reported to have explained on 10 September 1964: "We believe there should be a ban on the handling of all South African goods by Australians, remembering that South African unions have called for such a ban. "We have called on the Australian Council of Trade Unions to impose sanctions. "Failing that action, the federation has not applied such a ban, but the members have continued to make their protest at being called upon to handle the goods of a country which is isolated in the world by its refusal to accept world opinion" (The Cape Times, 11 September 1964). 278 See communications from the Second Conference of the International Trade Union Committee for Solidarity with the Workers and People of South Africa, Accra, 9-11 March 1964 (A/AC.115/L.63); Trades and Labour Council of Queensland, Australia (A/AC.115/L.72) ; Irish Anti-apartheid Movement (A/AC.115/L.74) ; Union of Australian W\ omen, Western Suburbs Branch (A/AC.115/L.74); International Confederation of Free Trade Unions (A/AC.115/L.74); Women's International League for Peace and Freedom (A/AC.115/L.82. and Canadian Union of Students, Ottawa, Canada (A/AC.115/L.86).

Annex No. 12 101 increase in the military budget has contributed signifi- 538- The scarcity of skilled manpower is acute in cantly to this boom.270 the engineering and the building industries, the mer532. The Minister of Economic Affairs and of chant marine, railways, post offices etc. The GovernMines, Mr. N. Diederichs, claimed in the Senate on rnent has encouraged white immigration to meet this 30 March 1964 that South Africa was enjoying a wave scarcity. The Minister of Labour and of Immigration, of prosperity such as it had never experienced and such AT r. A. E. Trollip, said in the House of Assembly on as was being experienced by few countries in the world. 5 June 1964 that last year the Government brought In spite of threats of sanctions and the application of 1.200 skilled workers to the country as immigrants,boycotts, he said, the economy was one of the most but the rate of immigration has proved inadequate to dynamic in the world."" meet the demand. 533. Mr. I. B. de K. Wilmot, Deputy Governor 539. Mr. H. F. Oppenheimer. chairman of the Afriof the South African Reserve Bank, said in a broadcast can Explosives and Chemical Industries, said on 5 April on 26 July 1964 that the gross national product in real 1964 that, because of the acute scarcity of skilled manterms had risen by 7 per cent in 19()2 and 7.5 per cent power, the company would have to abandon or postpone in 1963.2" some of the R90 million ($126 million) worth of 53,1 The South African Reserve Bank reported in projects they were considering for the next few years. August 1964. in its annual economic report for the He said that there was a scarcity at all levels and in year ended June 1964. that, from the economic and all jobs, not only in the company but in South Africa financial point of view, 19(4 year was one of the best as a whole. Mr. G. E. Hughes, general manager of ever in South Africa. The gross national product, ac- the company, added that this lack of skilled manpower cording to the provisional estimate, was about R7.000 had been building up for some years, but had become million ($9,800 million) compared with R6,330 million acute because of the prosperity of the country. In($8,862 million) in the previous year, representing migration was not an answer to the problem, as it was an increase of 10.5 per cent at current prices and about "just a drop in the bucket". The problem in the country 8 per cent in constant prices. Gross private fixed invest- was that it had a very small white population from ment was RS00 million ($1,120 million), or an increase which it could draw sk'Illed manpower.284 of 19 per cent over the previous year. Fixed investment 540. The policy of apartheid, it may be noted, leads by the Government and other public authorities, ex- to an uneven distribution of the benefits of the current cuding public corporations, increased by about 12 per prosperity. cent to R460 million ($644 million). Manufacturing 541. The boom has led to a great increase in profits output was on the average about 16 per cent higher and share prices, particularly of industrial companies. than during the previous year. Merchandise exports According to a survey of profits of all industrial and increased by R116 million ($162.2 million) to R1,066 commercial companies, the profits in 1963 were on the million ($1,492.4 million) and the net gold output by average 30 per cent over 1962. Share prices increased R40 million ($56 million) to R699 million ($978.6 by an average of 36 per cent during the same period.285 million). Private consumption increased by R430 mil- On the other hand, the president of the Associated lion (S602 million) to about R4,500 million ($6,300 Chambers of Commerce, Mr. E. P. Bradlow, stated million) ,282 on 11 September 1963 that "in the midst of a boom 535. There are signs that the growth rate is slowing great numbers of people are living on or below the down as the excess productive capacity is exhausted bread!ine". He described the life of the unskilled Afriand the economy begins to face a number of bottle- necks, can worker as "an unlovely struggle against over536. The Economic Advisory Council met in Feb- whelming odds" and said "the Bantu is fortunate if he ruary and reported, according to a statement issued can go through life avoiding destitution". He added: by the Prime Minister on 2 April 1964, that "the degree "It is no longer possible to cherish the illusion that of surplus capacity which existed in the economy a year black men are indifferent to their economic position ago, has now almost completely disappeared in respect and that poverty does not arouse in them the same of unemployed labour and machinery capacity". It added burning resentment as it does in other peoples."-86 that the inadequacy of railway transport and the bottle- 542. The Prime Minister, Mr. H. F. Verwoerd, neck of trained manpower could retard economic noted in a statement on 1 April 1964 on the report development. 537. The scarcity of skilled manpower is tied up 2-3iIbid., 6 June 1964. The total number of immigrants in 1963 was 37,573 and the very closely with the policy of apartheid. Because of number of emigrants 7.225. as against 20,076 immigrants and the policy of racial discrimination, skilled jobs are 8,945 emigrants in 1962 (ibid., 21 March 1964). largely reserved to the Whites and the country is not The rate of immigration is even higher in 1964: during the able to make more use of the skills of non-white first six months of the year, 21.189 immigrants arrived in South Africa compared with 15,176 in the first six months of workers. Thus, there is a scarcity while there are 1063 (ibid., 16 September 1064). millions of unemployed or under-employed. The Minister of Labour and of Immigration, Mr. Trollip, said in the House of Assembly on 8 June 1964 that at least 271)The Minister of Defence, Mr. J. J. Fouch6, said on 9 40,000 immigrants would come to South Africa in 1964. ProsSeptember 1964 that defence contracts in the current financial pects were that the number of immigrants would set a record, year would earn R.35 million ($49 million) for South African especially from the United Kingdom (ibid., 9 June 1964). industries. He added: "The fact that D~efence is spending so Authorities in Pretoria were quoted as saying in August 1064 much is one of the greatest inducements for new industrial that fears of future anti-white developments in the new African development" (The Cape Tin, 10 September 1964). Slates were increasing immigration to South Africa. Of the 280 The Cape Time, 4 March 1964. 14,986 immigrants who arrived in South Africa in the first four months of 1964, nearly half were fron African territories 2811bid., 27 July 1964. Population increase in South Africa hibid., 5 August 1964). is about 2.3 per cent per year, so that the increase in per capita 2H4 Fhc Cape Tnies, 6 April 1964. income in 1963 is about 5 per cent. Focus '61 (Rondebosch), March 1964. 282 The Cape Times, 14 August 1964. 286 Tire Star (Johannesburg), 11 September 1963.

102 General Assembly-Nineteenth Session-Annexes of the Economic Advisory Council, that the economic progress achieved in 1963 was confined mainly to the metropolitan areas. Industries had not developed rapidly in border areas-areas on the borders of African reserves-despite Government encouragement. He continued; "There are not yet sufficient employment opportunities in the border areas and Bantu homelands to keep pace with the increase in Bantu population. "In certain areas great poverty exists. This applies particularly to the Ciskei, where there has been economic stagnation for many decades... "The social problem has reached serious proportions there, while the rate of development has up to the present been low."28T 543. Government supporters have stressed that African wages in industry had risen in 1963 by an average of 8 per cent while the wages of the white workers had risen by only 5 per cent. But, as Mr. H. F. Oppenheimer pointed out in June 1964, these percentages were meaningless because of the extreme differences between the wage bases. European wages had risen from an average of R1,953 ($2,734) to R2,060 ($2,884), an increase of R107 ($150), while African wages rose from R392 ($549) to R422 ($591), or an increase of R30 ($42).28 The primary reason for the low increase in non-white wages is the fact that non-white workers are denied trade union rights and freedom of choice with regard to employment. 544. The Government views the current prosperity as not only an opportunity to undertake large development projects such as the Orange River scheme, but as a means to promote apartheid. The development plan for South West Africa, the plans for industries on the borders of African reserves and the increased allocations of funds for segregation in the urban areas are designed to strengthen racial separation. Moreover, a large part of the new resources are utilized for increasing the military build-up and for projects to counter possible economic sanctions. (b) Increase in the foreign trade of the Republic of South Africa 545. The economic prosperity of South Africa has been reflected in, and accelerated by, the sharp increase in the country's foreign trade, as shown in the following table. TOTAL EXPORTS AND IMPORTS OF THE REPUBLIC OF SOUTH AFRICAa (Millions of dollars, f.o.b.) Exports Year Total Gold Exports 1960 ...... 2,040.9 802.8 1,554.0 1961 ...... 2,018.9 685.7 1,406.4 1962 ...... 2,017.4 684.7 1,436.5 1963 ...... 2,219.6 832.7 1,696.7 SOUR CE: Statistical Office of the United Nations Secretariat. a General trade. 546. An analysis of South Africa's foreign trade in 1963 reveals the following regional distribution: 27 The Cape Times, 2 April 1964. 288 The Star (Johannesburg), weekly edition, 27 June 1964. (a) Africa accounts for 6.7 per cent of the imports and 11.8 per cent of the exports. The colonial territories in Africa contribute over half of these imports and about nine tenths of these exports. (b) Europe accounts for 56.2 per cent of the imports and 55.1 per cent of the exports. The Eastern European countries account for less than 1 per cent of the imports and exports. (c) The American continent accounts for 21.7 per cent of the imports and 11.3 per cent of the exports. The United States of America and Canada account for 20.4 per cent of the imports and 10.4 per cent of the exports. (d) Asia accounts for 14 per cent of the imports and 11.4 per cent of the exports. Japan and Iran account for 7.3 per cent of the imports and 7.9 per cent of the exports. 547. A small number of countries account for most of this trade, as shown in the tables below: EXPORTS' BY PRINCIPAL COUNTRIES OF DESTINATION, 1963 Cumulative Principal Countries Percentage percentage United Kingdom of Great Britain and Northern Ireland ...... 30.1 30.1 United States of America...... 8.9 39.0 Federation ofRhodesia and Nyasaland 83 47.3 n ...... 1 - 7.8 55.1 Italy ...... Federal Republic of Germany . B elgium ...... F rance ...... N etherlands ...... M ozam bique ...... 5.5 60.6 5.4 66.0 4.3 70.3 3.5 73.8 2.7 76.5 1.5 78.0 SouRcE: Republic of South Africa, Department of Customs and Excise, Monthly Abstract of Trade Statistics (Pretoria), January-December 1963. a Excluding gold. IMPORTS BY PRINCIPAL COUNTRIES OF ORIGIN, 1963 Cumulative Percentage percentage Principal countries United Kingdom of Great Britain and N orthern Ireland ...... United States of America ...... Federal Republic of Germany ...... Ja pan ...... C anada ...... Ita ly ...... Federation of Rhodesia and Nyasaland F rance ...... Iran ...... N etherlands ...... 9.8 29.8 ,6.9 46.7 V0.7 57A 4.7 62.1 3.4 65.5 2.8 68.3 2.7 71.0 2.6 73.6 2.6 76.2 2.5 78.7 SOURCE: South Africa, Department of Customs and Excise, Monthly Abstract of Trade Statistics (Pretoria), JanuaryDecember 1963. 548. A few countries substantially increased their trade with South Africa in 1963, and accounted for the bulk of the growth in South Africa's foreign trade.

I 0 J 0 P PC I .vgn, nvestment, nowever, has increased because of the high rate of undistributed profits. 552. The flow to South Africa of British private direct investment-including undistributed profits-has averaged about $36 million annually in recent years. In the 1959-1962 period the yearly flow of investment (c) South African reaction to proposals for economic sanctions 559. In view of the growth of the economy and of foreign trade, despite the economic sanctions imposed by a number of States, spokesmen of the South African Annex No. 12 103 INCREASES IN TRADE WITH THE REPUBLIC OF SOUTH ARIOCA to South Africa represented 7 per cent of total British Bm'wE-RE 1962 AND 1963 overscas direct investments. In 1962, the most recent (Millions of rand) year available, investment amounted to $38 million. This represented a considerable recovery from the depressed In...... i,, 1 ... ., level of $22 million in 1961, which marked the low export., to isnpo t, f- om Cogntry South Afrca S-th . f ia" point of the four-year period. United Kingdom of Great Britain 553. Private United States direct investment, though and Northern Ireland .58 30 (,resscd initially, increased rapidly after Sharpeville adNer Irepublo eman .... 58 30 reaching a level of $55 million in 1963. The relative Federal Republic of Germany. 27 6 size of recent direct investment flows to South Africa United States of America ...... 37 2 is broadly similar to the relative magnitude of United France 10 - States investment holdings in the country. Thus, both Italy ...... 5 3 the value of investments at the end of 1963 and average Canada 16 3 direct investment flows in 1960-1963 amounted to Japan -s 52 about I per cent of the United States total. Netherlands 5 -2 554. Earnings from foreign investment in South Africa in recent years have reached very substantial SOuRcE: Republic of South Africa. Department of Customs levels. Thus, in each of the years since 1960 payments and Excise, Monthly AIbstract of Trade Statistics (Pretoria), of interest, dividends and branch profits to foreign inJanuary-December 1963. vestors have exceeded $260 million. The bulk of this a Excluding gold. outflow has been accounted for by direct investment earnings, though payments on other investments have 549. In view of General Assembly resolution 1899 been also very large. (XVIII) recommending an end to the supply of petroeum and petroleum products to the Republic of South 555. The importance of South Africa to British Africa, and similar resolutions by the Assembly of the overseas business has already been suggested in earlier leads of State and Government of the Organization sections. The earnings of companies from direct invest.f African Unity and the Second Conference of Non- ment provide an additional measure of the importance Aligned Countries, it may be noted that petroleum and of South Africa to British firms as well as an indication ttroleum products are imported from a small number of its importance to the country's balance of payments. f countries. Earnings of British firms from South African investments rose from $59 million in 1959 to $80 million in 1962, and the proportion of earnings in South Africa MPORTS OF PETROLEU M AND PETROLEUM PRODUCTS BY THE to total earnings from 9 to 13 per cent. Earnings from REPUBLIC OF SOUTH AFRICA, 1962, BY PRINCIPAL COUNTRES direct investments in South Africa accounted for a OF ORIGIN considerably higher ratio of total earnings than the ratio of investments in South Africa to the total of Percentage Perce agt British private foreign investments, which amounted to 7 per cent in 1962. etroleum, crude and partly refined: 556. United States investors have also found South Iran ...... 93.6 93.6 Africa a source of substantial revenues. Earnings rose Iraq ...... 4.4 98.0 from $50 million in 1960 to $86 million in 1963. A 'troleuni products: rough indication of the relatively high yields obtained Iran ...... 36.1 36.1 from investment in South Africa may be seen in a comAden ...... 15.7 51.8 parison of the ratio of South African to total United Barein ...... 14.3 66.1 States direct investment earnings with the ratio of the United States of America ...... 9.6 75.7 value of South African to total United States direct Saudi Arabia ...... 6.4 8z investment overseas. In 1963 these ratios were 1.9 per Australia ...... 3.7 85.8 cent and 1 per cent, respectively. Jnited Kingdom of Great Britain and Northern Ireland 3.5 89.3 557. In short, while there has been, in recent years, Netherl elas ...... 2.6 91.9 a net outflow of capital-excluding undistributed Netherlands Antilles ...... 2.3 94.2 profits-from South Africa, it is apparent that investor ndonesia ...... 0.9 95.1 confidence was, at least to some degree, restored in the years immediately following Sharpeville. The flow of private direct investment-including reinvested earni50. Foreign capital investment continues to play ings-has been at a substantial level in the case of ignificant role in the economic development of the boh o t e ma rin sosinS uh A ic , he U td public of South Africa (see A/AC.1 15/L.56/Rev.1) both of the major investors in Sobth Africa, the United United Kingdom and the United States are the Kingdom and the United States (ibid.). ing creditor countries by a wide margin. 558. Foreign capital investment, it may be noted, is 51. There has been a net outflow of capital-ex- significant not only because of its volume but also belingust ed p - hepiva cause it is accompanied by technological and industrial igundistribute prft-ro h rivate "know-how", licences and capital equipment. lic sectors of South Africa since 1959. Private "ko hu"liecsadaptlqimn. 5 as Re Th lea( 5 clud pub

General Assembly-Nineteenth Session-Annexes Government have been expressing confidence that effective economic sanctions would not be imposed or implemented and that South Africa can survive the expected pressures. They have argued that though South Africa was, to some extent politicaly isolated, it was not isolated in other fields. 560. i\Ir. Eric Louw, then Minister of Foreign Affairs, said on .30 October 1963. that it stood to rc: son that countries like the United Kingdom and the United States of America which had a profitable export trade with South Africa, shipping and air services to South Africa, and large investments in the country, would not be prepa red to support proposals for sanctions. He added that the Republic's huge gold production also influenced their attitude.--"-) 561. On 21 January 1964 the Prine Minister, Mr. H. F. Verwoerd stated: "In most spheres of international relations, the relations between South Africa and those states with which it is important for us to keep in touch and to co-operate, and with which we have also had good contacts and sound co-operation through the years., are excellent.2 " 562. The Cape Times reported on 4 April 1964 that the Government's top economic advisers confidently believed that South Africa's big trading partners, including the United Kingdom and the United States, would dissociate themselves from any attempt to pressure the South African Government into changing its policies by refusing to buy South African products. Though trade boycotts had cut the limited trade that South Africa carried on with a number of African countries, the expansion of other markets had more than compensated for the loss. 563. The Minister of Economic Affairs and of 1Iines, Mr. N. Diederichs, said in the House of Assembly on 19 May 1964 that economic sanctions against South Africa would not succeed. As a result of threats and the "psychological war" being waged against South Africa, he said, the country was developing and diversifying its secondary industries and becoming largely self-sufficient. Official and unofficial boycotts of South African goods had not affected the country's economy, but had harmed African countries boycotting South Africa. He added that South Africa was too valuable a market and supplier of raw materials, gold and other minerals to the countries that really counted. 564. The Minister of Foreign Affairs, Mr. H. Muller, said in the House of Assembly on 8 June 1964 that South Africa was actually not as isolated internationally as some people alleged.291 565. The Minister of Finance, Mr. T. E. D6nges, said ;n Hong Kong on 23 September 1964 that the boycott had a "negligible" effect on the South African ", The Cape Times, 31 October 1963. 290 Republic of South Africa, House of Assembly Debates (Hansard), 21 January 1964, col. 52. 201 He added: "There is, for example, daily contact between South Africa and many countries of the world in practically every sphere. Just take the example of our international trade. In 1963 our exports increased by R35,000,COO, an increase of more than 4 per cent. Foreign capital investments in South Africa last year reached a new peak. The investments of the USA increased by 20 per cent since 1961 and British investments in South Africa increased by R200.000,000 in 1963 alone. Then there are continuously missions and groups of businessmen from overseas visiting South Africa, and South Africans who do the same." (Repuhlic of South Africa, House of Assembly Debates (Hansard), 8 June 1964, col. 7375.) economy which was "buoyant". He said that South Africa's imports had risen by 46 per cent in the past two years while exports had risen by £58 million to £533 million2i 566. The Opposition United Party, however, has been expressing concern that the resistance of major NV\strn Powers toward economic sanctions was weakening and that South Africa would be particularly vulnerable to economic sanctions as foreign trade played an important role in its economy, with exports equivalent to one quarter of the gross national product and imports to one fifth of the gross national product.23 567. The Government has taken a number of steps to counter the threat of economic sanctions and to promote self-sufficiency. 568. Reference has been made earlier to the large expenditures for the manufacture of arms and ammunition in South Africa. 569. The Strategic Mineral Resources Act was passed in 1964 to establish an account for the promotion of prospecting and mining of oil and other strategic minerals in the country, and for the processing of such minerals. The account was opened with R15,000.000 ($21 million) from the budgetary surplus for the financial year 1963-1964. 570. In view of South Africa's dependence on imported petroleumn and its consequent vulnerability to an embargo on petroleum supplies, the Government has taken vigorous steps to encourage exploration for petroleum in South Africa and South West Africa. The Minister of Economic Affairs and of Mines, Mr. N. Diederichs, said in the House of Assembly on 21 April 1964 that the geological survey section of his Department had been instructed to organize its activities in a manner which would give priority to investigations relating to natural oil and to the granting of assistance to concerns which were actively prospecting for natural oil.294 571. Prospecting rights were granted to about a dozen persons or undertakings and the search for oil is proceeding urgently.25 572. The capacity of the South African Coal, Oil and Gas Corporation Ltd. (SASOL) plant for the production of oil from coal is being increased and the establ;shment of another plant is under consideration. 573. Recognizing its vulnerability with regard to shipping, South Africa is expanding its maritime fleet. The South African Marine Corporation has recently acquired four refrigerated ships, increasing its fleet to fourteen. A contract for three ships was signed with shipbuilders in the Netherlands on 29 October 1964, and an order for two more is planned.26 Chapter III. Conclusions and recommendations 574. The foregoing review of the developments since the Special Committee's report of 13 September 1963217 makes it clear that the Government of the Republic of South Africa has continued to reject and defy the 92 The Cape Times, 24 September 1964. 293 Ibid., 29 April and 15 October 1964. 294 Republic of South Africa, House of Assembly Debates (Hansard), 21 April 1964, cols. 4600 and 4601. 2--, The Cape Times, 4 May 1964; The Star (Johannesburg), weekly edition, 23 May 1964. "16 The Cape Times, 30 October 1964. 0.71 Oicial Recardd of the General Assembly, Eighteenth Session, Amwtxes, addendum to agenda item 30, document A/5497.

Annex No. 12 105 decisions of the General Assembly and the Security Council on the question of race conflict resulting from its policies of apartheid. 575. It has refused to comply with the requests and demands to abandon its policies of apartheid which, the General Assembly and the Security Council declared, were contrary to the principles and purposes of the Charter and in violation of its obligations as a Member of the United Nations and of the provisions of the Universal Declaration of Human Rights. Instead, it has extended the imposition of the policies of apartheid by such grossly discriminatory legislation as the Bantu Laws Amendment Act. No. 42, 1964. 576. it has not complied with the demands of the General Assembly and the Security Council to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policies of apartheid; to abolish the practice of imprisonment without charges, without access to counsel or without the right to prompt trial: to end forthwith the trials instituted within the framework of the arbitrary laws of apartheid; and to renounce the execution of the persons sentenced to death for acts resulting from their opposition to the policy of apartheid. Instead, it has greatly intensified the regime of repression by passing new repressive laws, by imprisoning and persecuting large numbers of opponents of the policy of apartheid and conducting numerous trials of such persons under arbitrary laws. It has carried out executions in defiance of the decisions of the Security Council, as well as urgent appeals by the Secretary-General and of world public opinion. 577. The Special Committee recalls that, in its reports of 23 March (A/5692) and 25 May 1964 (A/5707), it had expressed the gravest anxiety over the irrevocable consequences likely to result from the carrying out of death sentences against the opponents of the policies of apartheid and the imperative need for urgent and decisive action under Chapter VII of the Charter. 578 The Special Committee regards the recent execution of Vuyisile Mini, Wilson Khayinga and Zinak;le Mkaba, despite the repeated intervention of the United Nations organs and the appeal made by the Heads of State who were meeting in Cairo at the Second Conference of Non-Aligned Countries, as a direct challenge to the United Nations and the Heads of State who made the appeal, a challenge which the Organization cannot ignore. These executions have seriously aggravated the explosive situation and prove that opportunities for a peaceful solution may cease to exist unless mandatory measures are implemented without delay. The Special Committee expresses serious anxiety over the fate of other persons awaiting execution for acts arising from their opposition to apartheid. The Special Committee likewise expresses its apprehension that further executions would give drastic impetus to the rush of events in South Africa towards widespread and open racial conflict which could engulf Africa, and turn the course of events away from all hopes of a peaceful settlement of the crisis. 579. Moreover, by establishing a r~gime of repression, the South African Government has left the nonwhite people and even white opponents of racial discrimination with no effective means of defending their vital interests and furthering their convictions except clandestine activity and violence. 580. The South African Government has spurned the invitation of the Security Council to avail itself of the assistance of the Group of Experts, established in pursuance of the Security Council resolution of 4 December 1963,298 in order to bring about a peaceful and orderly transformation in South Africa through full application of human rights and fundamental freedoms to all inhabitants of the territory as a whole, regardless of race, colour or creed. It has failed to respond to the invitation of the Security Council to accept the main conclusion of the Group of Experts that "all the people of South Africa should be brought into consultation and should thus be enabled to decide the future of their country at the national level"..299 581. The South African Government has thus refused to participate in a search for a positive alternative to the policies of apartheid by peaceful means and has instead continued to aggravate the explosive situation in the country by the intensified imposition of discriminatory and repressive policies. It has proceeded to expand greatly its military power to crush internal resistance and threaten other States which proclaim a determination to ensure the fulfilment of the purposes of the United Nations Charter in South Africa. The danger of violent conflict in South Africa is graver than ever, as is the threat of a wider conflict resulting therefrom. 582. The Special Committee has expressed its strong conviction that the situation in South Africa constitutes a serious threat to international peace and security. The policies of apartheid are a constant and intense provocation to the people of Africa and to the United Nations and the entire humanity. They threaten to provoke an international conflict, the dangerous prospects of which are increased by the growing militarization of South Africa. 583. This assessment of the Special Committee has been confirmed by the report of the Group of Experts and endorsed by a large majority of Member States in their official statements and in conferences such as the Assembly of Heads of State or Government of the Organization of African Unity and the Second Conference of Heads of State or Government of the NonAligned Countries. 584. The Special Committee has stated that the situation in South Africa is such that it calls for urgent and energetic action by the General Assembly, the Security Council and other organs of the United Nations and the specialized agencies, as well as other organizations and individuals. It has laid great emphasis on the need to encourage widest awareness of the dangers of the situation and to rally the widest support by Governments and public opinion for decisive action to resolve the situation. 585. In this connexion. the Special Committee has emphasized its firm conviction that the problem in South Africa lies in the fact that the South African Government has established racial discrimination as a state policy. It has stressed that the South African Government has, by seeking to suppress and silence the non-white population, restricted in various degrees the freedoms of all the South African people, endangered the security of the white minority it seeks to represent and tended to precipitate a disastrous conflict. It has rejected as absurd the South African claim to represent ""'Official Records of the Security Council, Eighteenth Year, Supplement for October, November and December 1963, document S/5471. 299 [bid., Nineteenth Year, Supplement for April, May and June 1964, document S/5658, para. 8.

106 General Assembly-Ninetecnth Session-Annexes Western or Christian civilization and declared that efforts to resolve the situation in South Africa are not and should not be influenced by extraneous considerations such as the cold war. It has called for international action with the sole aim of securing the vital interests of all the people of South Africa, irrespective of race, colour or creed, in accordance with the purposes and principles of the Charter. It is convinced that the implementation of the principle endorsed by the Security Council that "all the people of South Africa should be brought into consultation and should thus be enabled to decide the future of their country at the national level" represents an appropriate method for a peaceful resolution of the situation. 586. The Special Committee feels that the failure of all efforts to persuade the South African Government by appeals or the exercise of moral pressure and offers of assistance in the search for a peaceful solution, indicated that such efforts can have no positive effect unless they are accompanied by decisive measures to convince the privileged group in South Africa that the international community is determined to oppose the continuation and intensification of discrimination and to frustrate moves towards that end. 587. The Special Committee has, therefore, expressed its firm conviction that the application of economic sanctions under Chapter VII of the Charter is now the only effective peaceful means for assisting to resolve the situation. 588. The Special Committee notes that this view was also shared by the Group of Experts and advocated by the International Conference on Economic Sanctions against South Africa, the Organization of African Unity, the Second Conference of Heads of State or Government of the Non-Aligned Countries and the large majority of Member States. 589. The Special Committee feels that in view of the gravity and the constant aggravation of the situation, such mandatory action should be taken by the United Nations without further delay. 590. In the light of the foregoing considerations, the Special Committee feels that the situation in the Republic of South Africa should be considered again without delay by the General Assembly and the Security Council and that decisive measures should be adopted to meet the dangers to international peace and security. The Special Committee herewith submits a number of recommendations to assist the principal organs in the consideration of the question. A. RECOGNITION OF THE THREAT TO INTERNATIONAL PEACE AND SECURITY 591. The Special Committee is firmly convinced that the situation in the Republic of South Africa, which has greatly deteriorated in recent months, constitutes a serious threat to the peace in terms of Article 39 of the Charter. It considers that a clear recognition of this threat by the Security Council is imperative to enable the implementation of decisive mandatory action which is required to resolve the situation before all the possibilities of a peaceful solution are eliminated. The Security Council cannot afford to wait to take action when such foreseeable conflicts as those in South Africa could be prevented by its timely and decisive mandatory action. 592. The Special Committee notes that the Security Council, while expressing its strong conviction that the situation is seriously disturbing the maintenance of international peace and security, has refrained from determining it as a threat to the peace in terms of Article 39 of the United Nations Charter. This failure to define the situation in terms of the appropriate Charter provisions is due mainly to the reluctance of certain permanent members of the Security Council which are also among the major trading partners of South Africa. 593. The Special Committee is convinced that these Powers should recognize the existence of this threat as an objective fact and the ineffectiveness of further action under any provisions of the Charter outside the scope of Chapter VII to resolve the situation. It hopes that they will be persuaded by the influence of the opinion of the vast majority of Member States that, by delaying effective action, they are not only permitting the threat to develop into alarming proportions and erupt into violent conflict, but also weakening the authority, prestige and effectiveness of the United Nations. 594. The Special Committee, therefore, recommends to the General Assembly that, at the earliest practicable date, it record the conviction of the large majority of Member States that the situation in the Republic of South Africa constitutes a serious threat to 'the peace, thus calling for mandatory measures provided for in Chapter VII of the Charter of the United Nations, and invite the Security Council to take necessary action without delay to resolve the situation. 595. The Special Committee feels that a massive endorsement of such a declaration by all Member States would not only help persuade all the permanent members of the Security Council, but would ensure the widest support for action to be taken by the Security Council. B. APPLICATION OF ECONOMIC SANCTIONS 596. The Special Committee has emphasized that economic sanctions are the only available means for a peaceful solution of the situation in South Africa. It has further emphasized that economic sanctions would be effective if they were implemented by all States, more particularly by all the major trading partners of South Africa (United Kingdom of Great Britain and Northern Ireland, United States of America, Federal Republic of Germany, Japan, Italy, France, Netherlands, Canada, Belgium, Iran, Portugal, Sweden and Switzerland).30o The Committee feels that the Government of the Republic of South Africa would not be able to carry out its policies of apartheid if it did not enjoy the economic support of these trading partners. 597. The Special Committee notes with satisfaction that a large number of States have taken economic measures against South Africa during the period under review, despite the serious sacrifices involved, in pursuance of the provisions of operative paragraph 4 of General Assembly resolution 1761 (XVII).301 It notes 30o As indicated in the tables in chapter II, these are the principal countries of destination of South Africa's exports and/or principal countries of origin of South Africa's imports in 1963. Details on the direction of trade of South Africa, in 1963, based on South African official statistics, are given in annex III, o The text of operative paragraph 4 reads as follows: "4. Requests Member States to take the following measures, separately or collectively, in conformity with the Charter, to bring about the abandonment of those policies:

Annex No. 12 107 further that a number of States have implemented the decision of the Security Council that they "cease forthwith the sale and shipment to South Africa of arms, ammunition of all types, military vehicles, and equipment and materials for the manufacture and maintenance of arms and ammunition in South Africa". 598. The Special Committee recommends that the States which have taken effective measures in implementation of the decisions of the General Assembly and Security Council be commended, and that all other States be invited to take action and report without delay. 599. The Special Committee notes that the request in operative paragraph 4 of General Assembly resolution 1761 (XVII) reflects the considered opinion of the great majority of Member States, based on the proposals of the opponents of the policies of apartheid in South Africa and the decisions of African and other States. It feels that Member States should respect that decision of the General Assembly, consider in good faith and in all seriousness means of complying with that decision, and, above all, refrain from any action contrary to its provisions. 600. The Special Committee, however, notes that several States. including the major trading partners of South Africa, have opposed economic sanctions, or expressed doubts regarding economic sanctions, and advanced various reasons for not abiding by the request in operative paragraph 4 of General Assembly resolution 1761 (XVII). 601 The Special Committee feels that these Powers should be called upon to take note that continued economic and other relations which encourage the intransigence of the Government of the Republic of South Africa are incompatible with opposition to apartheid and with concern for the authority of the United Nations; and that such relations are a likely source of friction with many States, particularly in Africa and Asia, which have already implemented economic sanctions and are determined to oppose by every means at their disposal the degradation of non-white people in South Africa. 602. The Special Committee recalls that the International Conference on Economic Sanctions against South Africa, held in London in April 1964, brought together recognized experts in various fields and helped to counter the reasons advanced against economic sanctions. The Conference concluded that economic sanctions were feasible and practicable and that the adverse effect of economic sanctions on the economies of the major trading partners and on international trade would be marginal, though certain special interests might be seriously affected (see A/5707, annex 11).302 "(a) Breaking off diplomatic relations with the Government of the Republic of South Africa or refraining from establishing such relations; "(b) Closing their ports to all vessels flying the South African flag; "(c) Enacting legislation prohibiting their ships from entering South African ports; "(d) Boycotting all South African goods and refraining from exporting goods, including all arms and ammunition, to South Africa; "(e) Refusing landing and passage facilities to all aircraft belonging to the Government of South Africa and companies registered under the laws of South Africa; * Many of the papers submitted to the Conference were published in document S/AC.14/L.2. The report by the delegation of the Special Committee, which attended the Conference as observers (see A/5707, annex II) was communicated to the General Assembly and the Security Council on 25 May 1964. 603. The Special Committee expresses the hope that the aggravation of the situation in South Africa, and the recent consideration of the question of economic sanctions in the United Nations and outside, will persuade all States, particularly the major trading partners of South Africa, of the desirability, appropriateness and urgency of economic sanctions against South Africa. It further expresses the hope that the technical study by the Committee of Experts established in pursuance of the Security Council resolution of 18 June 1964 will facilitate an early mandatory decision by the Council for effective economic sanctions to be applied by all States under the auspices of the United Nations. 604. The Special Committee, meanwhile, reiterates its grave concern that certain States have increased their trade with the Republic of South Africa, despite the nrovisions of General Assembly resolution 1761 (XVII), thus frustrating the effect of the sacrifices of other States, and that some States continue to fail to implement fully the decisions of the Security Council, having made reservations or qualifications concerning compliance with those decisions. The Special Committee considers that such an attitude constitutes an encouragement to the South African Government to continue its present racial policies and challenge the authority of the United Nations. 605. The Special Committee notes in this connexion that it had expressed its appreciation for the decision of the United States Government in August 1963 and the United Kingdom Government on 17 November 1964 to stop the supply of arms to the Republic of South Africa and the hope that these Governments would take further vigorous steps to dissuade the South African Government from continuing with its racial policies03 606. The Special Committee considers that the United Nations should insist that all States, which have not yet done so, follow the example of these two major suppliers of arms to South Africa. The United Nations should, moreover, make it clear to all States that continued supplies of arms to the Republic of South Africa, and any moves to replace the United States of America and the United Kingdom as suppliers of arms, would constitute a challenge to the authority of the United Nations and a step towards the intensification of the threat to international peace. 607. The Special Committee therefore recommendto the General Assembly and the Security Council that they express regret at the actions of State- which have not complied with the provisions o" operative paragraph 4 of General Assembly -solution 1761 (XVII) or have failed to implement the decisions in operative paragraph 3 of the Security Council resolution of 7 August 1963,304 reaffirmed and elaborated in operative paragraphs i and 5 of its resolution of 4 December 1963305 and operative paragraph 12 of its resolution of 18 June 1964.0 a 3The Special Committee expresses its regret that the United Kingdom Government subsequently announced that it would allow the supply of Buccaneer aircraft to the Republic of South Africa under the outstanding contract. 304 0fficial Records of the Security Council, Eighteenth Year, Supplement for July, August and September 1963, document S/5386. 30STbid., Supplement for October, November and December 1963, document S/5471. 306 bid., Nineteenth Year, Supplement for April, May and June 1964, document S/5773.

General Assembly-Nineteenth Session-Annexes 608 With regard to the shipments of arms to the Republic of South Africa, the Special Committee is convinced that a distinction Letween arms for internal security and arms for external purposes is unjustifiable. The Special Committee cannot accept the view that South Africa has the right under Article 51 of the Charter to obtain arms from abroad. The Special Committee believes that any increment to the armed strength of South Africa, especially if this increase comes in the form of the most modern and murderous weapons, whether denominated as for external defence or not, will only serve to bolster the arrogant self-confidence of the South African Government in its ability to continue its repressive measures in support of the policies of apartheid and intensify its defiance of the United Nations and world public opinion with impunity. 609. The Special Committee recalls that, in its earlier reports, it made certain specific recommendations on the basis of the decisions of the Security Council and the General Assembly (see paragraphs 23 and 24 above). It wishes to reiterate and elaborate these recommendations for the consideration of the General Assembly and the Security Council. 610. With regard to the request to all States by the Security Council in its resolutions of 9 August and 4 December 1963. respectively, to cease forthwith the sale and shipment to South Africa of arms, ammunition of all types, military vehicles, and equipment and materials for the manufacture and maintenance of arms and ammunition in South Africa, the Special Committee recommends that all States be requested: (a) To prohibit the provision of technical assistance or capital and the granting of licences for the manufacture of arms and ammunition in South Africa; (b) To prohibit any assistance in the manufacture in South Africa of aircraft, naval craft or military vehicle s; (c) To deny training facilities to members of the South African armed forces; (d) To refrain from joint military exercises with the South African armed forces. 611. The Special Committee further suggests for the consideration of the General Assembly and the Security Council that (a) All international agencies, in particular the spe-ialized agencies, including the International Bank for Retnnstruction and Development and the International Monetary Fund, be requested to take all necessary steps to deny eunomic or technical assistance to the Government of the, Renublic of South Africa without precluding, however, humanitarian assistance to the victims of the policies of apartheid: (b) All States be requested to prohibit or discourage investments by their nationals in the Republic of South Africa, and the granting of loans and credits to the South African Government and South African companies; (c) All States be requested to deny facilities for all ships and aircraft destined to or returning from the Republic of South Africa; (d) All States be requested to prohibit or discourage the emigration of their nationals to the Republic of South Africa. 612. The Special Committee further recalls that it had recommended a study of means to ensure an effective embargo on the supply of petroleum to the Republic of South Africa, including a blockade, if necessary, under the auspices of the United Nations. 613. Taking note of the discussion of this question at the International Conference on Economic Sanctions against South Africa, the decisions of the Organization of African Unity and the Second Conference of Heads of State or Government of the Non-Aligned Countries and the communiqu6 of 12 November 1964 by the Committee of Experts set up by the Security Council (see United Nations Press Release SC/2654, 12 November 1964) as well as the Committee's own consideration of the question, the Special Committee feels that action on this matter is now appropriate, timely and essential. 614. The Special Committee, therefore, recommends that all States be requested to take immediate steps to prohibit the supply of petroleum and petroleum products to the Republic of South Africa and that all oil-exporting countries be requested to co-operate in this action. The Special Committee, moreover, recommends that all States be requested: (a) To prohibit the petroleum companies and shipping companies registered in their countries from carrying supplies of petroleum and petroleum products to South Africa; (b) To take appropriate measures to discourage and prevent such companies from any action which helps to circumvent the embargo; (c) To prohibit the supply of machinery, technical assistance and capital for the production of petroleum and petroleum products as well as synthetic substitutes within South Africa. 615. The Special Committee, moreover, feels that urgent consideration should be given to other measures such as an embargo on the supply of rubber, chemicals, minerals and other raw materials to South Africa, and on the purchase of gold, diamonds, iron ore and other minerals from South Africa; the blacklisting of companies assisting in the manufacture of arms and ammunition in South Africa; and the denial of all technical assistance, capital and machinery for the manufacture of motor vehicles and rolling stock in South Africa. 616. In connexion with the question of economic sanctions, the Special Committee expresses its conviction that total economic sanctions, universally applied and fully implemented, constitute the only effective means for achieving a peaceful solution. It has given particular consideration to certain specific measures in the hope that such measures, along with a declaration of determination to impose total economic sanctions, would persuade the South African Government to take steps to comply with the resolutions of the General Assembly and the Security Council, such as a general anmesty to all persons persecuted for acts arising from their opposition to apartheid and an agreement to convoke a national convention of the genuine representatives )f all the people of South Africa to decide the destiny of the country in free discussion. 617. The Special Committee therefore recommends to the General Assembly and the Security Council that they: (a) Decide on total economic sanctions against the Republic of South Africa until the South African Government agrees to comply with its obligations under the Charter of the United Nations;

Anne (b) Institute the measures indicated earlier, as a matter of urgency, to persuade the South African Government to take steps to comply with the resolutions of the General Assembly and the Security Council. C. OTHER M\IEASURES (a) Relief and assistance to the families of all persons persecuted bi, the Government of the Republic of South Africa. for acts resulting from their opposition to the policies of apartheid 618. The Special Committee reaffirms its recoimendation that the international conmumity, for lhu1manitarian reasons, should provide relief and assistance to the thousands of South African nationals who have been persecuted for their opposition to the policies of apartheid and whose families face serious hardship. 619. The General Assembly endorsed this recommendation in resolution 1978 B (XVIII) of 16 December 1963 and, after consultation with the SecretaryGeneral, the Special Committee addressed an urgent appeal to Member States to contribute generously to the fulfilment of the purposes of this resolution through the existing voluntary organization or through other appropriate channels of their choice, and to give the widest publicity to the appeal in order to encourage charitable foundations, organizations and individuals in their countries to make generous contributions. 620. The Special Committee feels that action in this respect is urgent and imperative in view of the massive repression of the opponents of the policies of apartheid during the past year as detailed in the present report. 621. The Special Committee therefore recommends to the General Assembly that it invite all States and organizations to contribute generously to the relief and assistance of all persons persecuted by the South African Government for acts resulting from their opposition to the policies of apartheid and to their families. 622. The Special Committee regards this as a humanitarian gesture which should in no way weaken the international concern to secure a general amnesty for all opponents of apartheid persecuted by the South African Government. (b) Investigation of treatment of prisoners 623. The Special Committee has been gravely concerned over the numerous charges of ill-treatment and torture of opponents of the policies of apartheid in police custody and in prisons in South Africa. It has received copies of sworn affidavits by many former prisoners and has taken note of statements of former prisoners who escaped from South Africa concerning brutalities inflicted on them and on their colleagues. The present report contains some details on such charges published in the press or submitted to South African courts. 624. The Special Committee notes that the charges concern many prisons and police stations in South Africa and have led to inferences that torture and t third degree methods have become a common practice F or are condoned by the Executive. It feels that the t volume of evidence and the gravity of charges are such that an impartial international investigation is S called for in order to establish the truth and ensure n the punishment of the guilty. t 625. The Special Committee, therefore, recommends c that: x No. 12 109 (a) An international commission composed of eminent jurists and prison officials be set up to investigate charges of torture and ill-treatment of prisoners in South Africa; (b) This commission be authorized to investigate the affidavits by former prisoners, interview present and former prisoners and look into the conditions in prisons, and report as soon as possible; (c) The Government of the Republic of South Africa be invited to provide facilities for such an impartial investigation. (c) Publicity for United Nations efforts against the Policies of apartheid and the informing of warld oPinion of the dangers of the policies of apartheid 626. The Special Committee, considering the problem of apartheid as a matter of concern to all humanity, has always emphasized the need for the widest publicity for United Nations efforts to resolve the situation in South Africa. It has attached the greatest importance to informing people all over the world of the United Nations concern over the matter and to obtaining their support for effective United Nations action. 627. The Special Committee regards it as crucial for the future of the United Nations and for amicable race relations everywhere that there should be full awareness of the dangers of racialism in South Africa and of the imperative need to promote an end to racial discrimination. It considers it essential that every effort should be made to counteract the racialist propaganda conducted by the South African Government and its defenders. It regards it as imperative that these interests, which profit from racial discrimination and oppression in South Africa, should be exposed fully to the pressure of public opinion. 628. The Special Committee feels that the specialized agencies of the United Nations can contribute greatly, each within its own field of competence, in increasing public awareness of the consequences of the policies of apartheid in South Africa and the means to bring about a society based on racial equality. The United Nations Educational, Scientific and Cultural Organization, with its experience in combating racial prejudice. can make a significant contribution by devoting adequate resources to the question of apartheid in the Republic of South Africa. The International Labour Organisation can play a very useful role by vigorously implementing its "Programme for the Elimination of Atpartheid in Labour Matters in the Republic of South Africa". 629. The Special Committee has welcomed observers from the International Labour Organisation, the Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization and the nternational Atomic Energy Agency to its meetings. It hopes that this contact wil encourage concerted and igorous activity by these agencies regarding the quesion of apartheid and that such activity will also be ?romoted through arrangements for co-ordination beween the United Nations and its specialized agencies. 630. The Special Committee feels that Member tates can make a significant contribution by dissemiating information to organizations and individuals on he seriousness of race conflict in South Africa. They an, moreover, provide broadcasting and other facilities )r organizations opposed to the policies of apartheid

General Assembly-Nineteenth Session-Annexes so that they may be enabled to reach the widest audiences in South Africa and outside. 631. While expressing its great appreciation to the Secretary-General for his co- operation in publicizing the Special Committee's activities, the Committee feels that tie may be requested to use his influence to encourage international organizations to participate actively in combating the policies of apartheid. 632 The Special Committee attaches great importance to the participation of United Nations associations, UNESCO national commissions and national and international organizations of churches, workers, teachers, students, sportsmen and others in this activity. 633. The Committee finds it essential that sufficient budgetary and other resources should be made available to enable it to collect and disseminate all relevant information, to maintain constant contact with nongovernmental organizations concerned with the question and to promote the fullest awareness of United Nations efforts on this matter. 634. The Special Committee attaches the greatest importance to the above measures because of its conviction that the United Nations should play a positive and active role in this matter as it affects the purposes and Drinciples of the Organization and its authority. It feels that, because of the great dangers of racialism, there should be full public awareness and support of United Nations action on this question. The United Nations must actively show that the policies of apartheid threaten to bring about a disastrous and widespread conflict and make clear that the United Nations seeks the security and prosperity of all the people of South Africa, including the white people, in a non-racial society. 635. The Special Committee, therefore, recommends to the General Assembly that it: (a) Invite Member States to encourage and provide facilities for the widest dissemination of information to promote awareness of the dangers of the policies of apartheid and support for the United Nations activities on this question; (b) Invite the specialized agencies to take concerted and active measures, in co- operation with the SecretaryGeneral and the Special Committee, to promote the dissemination of such information; (c) Request the Secretary-General to encourage international organizations to disseminate such information; (d) Allocate adequate budgetary and other support for the efforts of the Special Committee in this field. 636 The Special Committee recalls the recommendation of the Group of Experts that the Security Council should invite all concerned to communicate their views on the agenda for the national convention, fully representative of all the people of South Africa, to set a new course for the future, which was suggested by the Group. The Group recommended that such an invitation should be addressed to all representative groups including political parties, congresses at present banned under the Unlawful Organizations Act, No. 34, 1960, and other South African organizations such as the churches, universities, trade unions, associations of employers, chambers of commerce, bar associations, institutes of race relations, the Press and all other representative groups.307 o07 ibid., document S/5658, annex, para. 119. 637. In view of the refusal of the South African Government to entertain this suggestion of the Group of Experts, the Special Committee feels that the United Nations should encourage consultations and discussions among all available groups, particularly those subscribing to the purposes and principles of the Charter, regarding the future of the country. The Special Committee has been in contact with many representative South African organizations and prominent South African nationals, and feels that these contacts should be further extended and efforts made to promote the consultations and discussions suggested above. The Special Committee feels, moreover, that the United Nations should seek the assistance and advice of international organizations concerned with race relations in promoting such consultations and discussions. (d) Enlargement of the Special Committee 633. Finally, the Special Committee considers it essential that it be strengthened to fulfil more effectively the important mandate assigned to it by the General Assembly. It feels that the full participation in the Committee of the permanent members of the Security Council, who bear a special responsibility for the maintenance of international peace and security, is essential for that purpose. While hoping that the major trading partners of South Africa who bear a special responsibility for the perpetuation of the policies of apartheid will soon implement effective measures to comply with the decisions of the General Assembly and the Security Council, the Special Committee feels that the participation in its activities would be useful. The Committee further considers that a wider geographical distribution of membership can contribute greatly to the effectiveness of the Committee. It considers that the Secretariat should also be proportionately strengthened to ensure adequate services to facilitate greater activity by the Special Committee in promoting a peaceful solution to the grave problem of the policies of apartheid of the Government of the Republic of South Africa. 639. The Special Committee, therefore, recommends that its membership be enlarged to include permanent members of the Security Council and the present major trading partners of the Republic of South Africa, and to ensure a wider geographical distribution in its membership. D. SUMMARY OF RECOMMENDATIONS 640. The Special Committee recommends to the General Assembly that, at the earliest practicable date, it: (a) Record the conviction of the large majority of Member States that the situation in the Republic of South Africa constitutes a serious threat to the peace, thus calling for the mandatory measures provided for in Chapter VII of the Charter, and that economic sanctions are the only available means for a peaceful solution of the situation; (b) invite the Security Council to take necessary action without delay to resolve the situation. 641. The Special Committee recommends, for the consideration of the General Assembly and the Security Council, that they: (a) Decide on total economic sanctions against the Republic of South Africa until the South African Government agrees to comply with its obligations under the Charter of the United Nations, and institute the

Annex No. 12 measures indicated below, to persuade the South African Government to take steps to comply with the resolutions of the General Assembly and the Security Council; (b) Commend the States which have taken effective measures in implementation of the decisions of the General Assembly and the Security Council on this question; and invite all other States to take action in implementation of these decisions and report without delay; (c) Express regret at the actions of States which have not complied with the provisions of operative paragraph 4 of General Assembly resolution 1761 (XVII) or have failed to implement the decisions on military assistance to the Republic of South Africa in operative paragraph 3 of the Security Council resolution of 7 August 1963, reaffirmed and elaborated in operative paragraphs 1 and 5 of the resolution of 4 Deccmber 1963 and operative paragraph 12 of the resolution of 18 June 1963; (d) Request all States: (i) To prohibit the provision of technical assistance or capital for the manufacture of arms and ammunition in South Africa; i (ii) To prohibit any assistance in the manufacture in So" th Africa of aircraft, naval craft or military vehicles; (iii) To deny training facilities to members of the South African armed forces; (iv) To refrain from joint military exercises with the South African armed forces; (e) Request all international agencies, in particular the specialized agencies, including the International Bank for Reconstruction and Development and the International Monetary Fund, to take all necessary steps to deny economic or technical assistance to the Government of the Republic of South Africa without precluding, however, humanitarian assistance to the victims of the policies of apartheid; () Request all States to prohibit or discourage investments by their nationals in the Republic of South Africa. and the granting of loans and credits to the South African Government and South African companies; (g) Request all States to deny facilities for all ships and aircraft destined to or returning from the Republic of South Africa; (h) Request all States to prohibit or discourage the emigration of their nationals to the Republic of South Africa; (i) Request all States: (i) To prohibit the supply of petroleum and petroleum products to the Republic of South Africa, with a special appeal to all oil exporting countries to cooperate in this action; (i) To prohibit the petroleum companies and shipping companies registered in their countries from car- i rying supplies of petroleum and petroleum products I to South Africa; (iii) To take appropriate measures to discourage a and prevent such companies from any action which helps to circumvent the embargo; In (iv) To prohibit the supply of machinery, technical t assistance and capital for the production of petroleum and petroleum products, as well as synthetic substitutes, d within the Republic of South Africa; m (') Request all States to prohibit the supply of rubber, chemicals, minerals and other raw materials to South Africa, and the importation from South Africa of gold, diamonds, iron ore or other minerals; (k) Request all States to refuse all technical assistance, capital and machinery for the manufacture of motor vehicles and rolling'stock in the Republic of South Africa; (1) Invite all States and organizations to contribute generously to the relief and assistance of all persons persecuted by the South African Government for acts resulting from their opposition to the policies of apartheid and to their families; (m) Establish an international commission to investigatte charges of ill-treatment and torture of prisoners in the Republic of South Africa; authorize the commission to investigate affidavits by former prisoners, interview present and former prisoners and look into the conditions in the prisons, and report as soon as possible; and invite the Government of the Republic of South Africa to provide facilities for such an impartial investigation; (it) Invite Member States to encourage and provide facilities for the widest dissemination of information to promote awareness of the dangers of the policies of apartheid and support for the United Nations activities on this question; invite the specialized agencies to take concerted and active measures, in co-operation with the Secretary-General and the Special Committee, to promote the dissemination of such information; request the Secretary-General to encourage international organizations to disseminate such information; and allocate adequate budgetary and other support for the efforts of the Special Committee in this field; (o) Enlarge the membership of the Special Committee to include permanent members of the Security Council and the present major trading partners of the Republic of South Africa, and to ensure a wider geographical distribution in its membership. Annexes ANNEX I Replies received from Member States to the appeal by the Special Committee, dated 23 March 1964, in connexion with the trials and death sentences in the Republic of South Africa* ALRANrA Extract fronz a letter dated 21 July 1964 from the Chairmon of the Presidiunm of the People's Assembly of the People's kepm blic of Albania [Original text: French] The Government of the People's Republic of Albania has constantly requested that everything possible should be done o put an end to the shameful racial discrimination and the nhuman policy of apartheid in South Africa. It maintains no relations with the Government of South Africa, nor does t intend to establish relations with South Africa until the atter's Government abandons its policy of apartheid. Reiterating our firm opposition to all racial discrimination nd to the policy of apartheid of the Government of South tfrica, and the determination of the people and the Governnent of the People's Republic of Albania to contribute to he abolition of thit discrimination and that policy, we ask the *The substantive parts of the communications are reprouced here. The full texts of replies are reproduced in docuents A/AC. 15/L.70 and Add.1-4. III

112 General Assembly-Nineteenth Session-Annexes United Nations to take effective measures to force the racist Government of South Africa to cease immediately the persecution of the opponents of apartheid and to abandon that policy. \We hope the work of the Special Committee oin the Policies of apartheid of the Government of the Republic uf South Africa will pr,,ew niecul in this respect (A/\1'.Il5/L.70/ Add.41. ALGERIA Extract fron a letter dated 12 JIme 1964 from the President of the Republic of Algeria [Original text: French], In May 1063, at the Conference ,,f I leads of African States and Governments, certain decisions were taken with a view to defeating the racist policies of the Pretoria Government. The Algerian Government immediately carried out those decisions. More recently, by an absolute majority, the Algerian National Assembly decidced to break off completely all economic relations with South Africa. This practical step only reatfirms the determination of the Algerian Government and people to continue the fight all are already waging. True, some results were obtained at the International Labour Conference, and the Conference of the Food and Agriculture Organization. However, the present criminal behaviour of the Pretoria authorities justifies the concern which prevails on our continent and explains the increasingly vigilant attitude of all African States. The challenge hurled at Africa and the entire world must be answered by means other than resolutions. Practical solutions must be found and carried out. Any passive attitude can only encourage the most reactionary and sinister forces to persist in their fatal designs, which constitute a serious threat to the future of tle United Nations. Consequently. you will understand, Sir, why the Algerian Government hastens to reiterate to you its determination to do everything in its power to ensure the victory of the legitimate aspirations of its sister people of South Atrica, and to give it total and unconditional support until such time as an end is put to all domination or discrimination, all exploitation of man by man, all humiliation, bullying and torture. That attitude, in addition to making for an era of justice throughout Africa, can only strengthen peace and ensure the maintenance of international balance (A/AC.l15/L.70/Add.2). BaLCIU Extract front a letter dated 24 Jle 1964 fron the Permanint Representativ'e of Belgfium to the United Nations [Original text: French] The authorities of my country have repeatedly condemned all policies of racial discrimination. In his statement at the eighteenth session of the General Assembly, on 8 October 1963, Mr. P. H. Spaak, Vice-Premier and Minister for Foreign Affairs, said, inter alia, on the subject of the policies of apartheid of South Africa: ". .. there are some policies which cannot prevail and some principles which cannot be accepted ... The problem of South Africa is even more scriou, for here we are not concerned simply with a policy that is probably doomed to failure: it is a question o the United Nations making clear its disapp roval 'f principles that run counter to the fundamental principles of the Charter..." [1233rd meeting, paras. 117 and 118]. What is more, in his replies of 27 September 1963 and 29 January 1964 to the letters from the Secretary-General of the United Nations on the implementation of the Security Council resolutio.ns concerning the shipment of arms to South Africa, Mr. Spaak once again emphasized that the Belgian Government and Belgian public opinion alike condemned the I Summit Conference of Independent African States, held at Addis Ababa, 22-25 May 1963. policies of apartheid pursued by the Government of South Africa. I am also authorized to inform you that the Belgian authorities will take advantage of any appropriate opportunity to remind the Pretoria Government once again that Belgium is opposed to the policies of apartheid and wants human rights respected throughout the world (A/AC.115/L.70/ Add.2). BULGARIA Appeal addressed to the President of the Republic o South Afhrica by the Chairman of the Presidium of the National lssceihlv of the People's Republic of Bulgaria (communicated by letter dated 22 May 1964 from the Permanent Representative of Bulgaria to the United Nations) [Original text: French] Having learnt of the death sentences passed on the South African militants Vuyisile Mini, Zinakile Mkaba and Wilson Khayinga, who are fighting for human rights in the spirit of the decisions of the United Nations, I appeal to your humanitarian feelings and your feelings of human justice to take whatever action may prove necessary for the annulment of the death sentences passed on these South African citizens, and also for the release of all the other militants who have taken part in the struggle for human rights and are now in prison. Such action on your part would be welcomed with great relief and gratification by public opinion in my country, and, I am sure, throughout the world. I am convinced, Mr. President, that you will take action to spare the lives of these South African citizens (A/AC.115/ L.70). BYELORuSSIAN SOVIET SOCIALIST REPUBLIC Appeal dated 13 June 1964 addressed to the President of the Republic of South Africa by the President of the Presidium of the Supreme Soviet of the Byelorussian Soviet Socialist Republic (conimunicated by letter dated 2 July 1964 from the Permanent Representative of the Byelorussiarn Soviet Socialist Republic to the United Nations) [Original text: Russian] It is with a feeling of deep alarm that I have learned of the numerous death sentences pronounced against citizens of the Republic of South Africa, including Vuyisile Mini, Zinakile Mkaba, Wilson Khayinga and other active participants in the movement to secure human rights and freedoms in accordance with United Nations decisions. Insoired by feelings of humanity and justice, I urgently appeal to you on behalf of the Byelorussian people to do everything in your power to obtain the revocation of the death sentences pronounced against the above-mentioned individuals and the release of all those participants in the movement for human rights who are now held in prison. The adoption of a decision along these lines and action to comply with other United Nations resolutions would meet the most pressing demands of public opinion throughout the world (A/AC115/ L.70/Add.3). CA M BODIA Message front the Head of State of Cambodia to the President of the Republic of South Africa (conmnunicated by letter dated 3 July 1964 froin the Permanenst Representative of Cambodia to the United Nations) [Original text: French] Cambodia is most disturbed about the fact that the South African authorities are continuing their policy of apartheid, which is contrary to the United Nations Charter and to human rights, and in particular about the repressive measures that have been unleashed against opponents of that policy.

Annex No. 12 On behalf of Cambodia and the Khmer people, I request Your Excellency not to continue a policy which is contrary to all laws both human and divine, to refrain from executing political leaders opposed to apartheid, and to liberate all whose only crime is to declare that all men are brothers (A/AC.115/ L.70/Add.3). CANADA Extract from a note dated 6 Noresnber 1963 from the Permaneit Represrentative of Canada to the United Nations addressed to the Secretary-General (enclosed in a letter dated 11 AMay 1964 front that representative) [Original text: English] Canada ... will support any proposals or measures which offer hope of a constructive and lasting solution to the problem of racial relations in South Africa... The Canadian Government is deeply concerned over the failure of the South African Government to abandon its apartheid policies and in particular over intensification in the past year of repressive measures against individuals in South Africa who oppose these policies. Canada, therefore, joined with 106 Members of the United Nations in voting in favour of resolution 1881 (XVIII). On a number of occasions during the past year and in particular since the beginning of the eighteenth session of the General Assembly, the Canadian Government has made clear to representatives of the South African Government Canada's urgent desire to see a change in the policy of the South African Government and an end to repressive measures including the arbitrary trials and arrests of individuals for political offences which were referred to in resolution 1881 (A/AC.115/L.70). CHILE Cable dated 28 April 1964 addressed to the President of the Republic of South Africa by the President of Chile (coinssuinicated by letter dated 29 April 1964 from the Permanent Representative of Chile to the United Nations) [Original text: Spanish] Guided solely by the deep conviction of the Chilean people and Government that human rights and fundamental freedoms must be protected and all forms of racial discrimination eliminated from the world, and with no intention of intervening in the internal affairs of South Africa, I appeal to you to use your exalted influence in order that the political leaders opposed to apartheid may be spared the death penalty. It is also my hope that racial harmony based on equality before the law, without any discrimination on grounds of colour or ethnic origin, may prevail in the Republic of South Africa, so that the country may take a glorious part in the advancement of the international community, in conformity with the principles of the United Nations Charter (A/AC.l15/L.70). CHINA Message from the M rinister of Foreign. Affairs of China (conmunhcated by a letter dated 9 June 1964 front the Acting Pertnanent Representative of China to the United Nations) [Original text: English] My Government's views on the apartheid policy are well known. Racial discrimination in any form and under whatever guise is repugnant to the Chinese people. It is entirely alien to the Chinese culture and tradition. In the General Assembly, in the Security Council, as well as in other organs of the United Nations, the representatives of China have made it unmistakably clear that China is unalterably opposed to racism and all its manifestations. In accordance with this consistent position, the Chinese delegation has supported General Assembly resolution 1881 (XVIII) of 11 October 1963 and Security Council resolution S/5471 of 4 December 1963, in which appeals were made to the Government of South Africa to abandon the arbitrary trials and grant unconditional release to all political prisoners, and to cease forthwith its imposition of discriminatory and [Original text: Spanish] [In view of the developments in South Africa] I, as chief executive of a country where respect for human life and the equality of human beings are fundamental principles of the Constitution, very respectfully urge you to ask the South African Government, through the United Nations: (1) To refrain from executing the condemned political leaders and to spare the lives of the persons threatened with the death penalty; (2) To put an end to the tortures and the various humiliations inflicted on the opponents of apartheid in South Africa; (3) To liberate the political prisoners whose only crime is their opposition to the South African Government's policy of apartheid; (4) To abandon its policy of apartheid, which is contrary to the Unuted Nations Charter and the Universal Declaration of Human Rights. This petition is based on elementary ethics and on the profound humanitarian sentiments of the Costa Rican people, and has no other aim than to see that justice is done where it has so far been lacking (A/AC.115/L.70/Add.4). CUBA Extract from a letter dated 12 3ay 1964 from the President of the Republic of Cuba [Original text: Spanish] ...The Cuban Government supported the recommendations in resolution S/5471 of the United Nations Security Council and undertook not to maintain diplomatic, consular or trade relations with the Government of South Africa. In full agreement with the spirit of the said resolution and in conformity with the principles of racial equality, the Cuban Government also offered its support for any measure aimed at eradicating in any part of the world the brutal policy of discrimination, which is a blemish on the face of humanity. The Revolutionary Government of Cuba maintains no relations of any kind with the Republic of South Africa and is therefore unable individually to exert any influence upon the Government of that country. For the same reason, I am unable personally to take any action of that kind. However, both the Cuban Government and I are prepared to join our voices and actions to the effective measures aimed at preventing the Government of the Republic of South Africa by peaceful means from continuing to apply the brutal laws of apartheid and to endanger, because of their international repercussions, the peace and security of nations (A/AC.l15/L.70/Add.l). DENIMARK Extract from a comnniqu6 issned after the meeting of the Foreign llinisters of the Nordic Countries in, Copenhagen on 13-14 April 1964 (enclosed in a letter dated 22 May 1964 from the Permanent Representative of Denmark to the United Nations) [Original text: English] * .. The Ministers . expressed deep concern over the South African Government's continued unwillingness to co-operate with the United Nations. They supported the United Nations urgent appeals to the South African Government to refrain from execution of persons sentenced to death, to end trials now proceeding and to release the political prisoners, repressive measures which are contrary to the principles and purposes of the Charter. The Chinese Government will continue to co-operate with your Committee and other organs of the United Nations in their efforts to bring about the compliance of the Government of South Africa with the above-mentioned resolutions (A/ AC. 115/L.7G/Add.4 ). COSTA RICA Extract rom a letter dated 30 May 1964 front the President of the Repisblic of Costa Rica 11,3

114 General Assemnbly Nineteenth Session-Annexes The Ministers noted that, since they last considered the problem of apartheid in the autumn of 1963, the Security Council had in December 1963 unanimously passed a resolution which inter alia established a group of experts to examine the various aspects of the problem. They found it of great significance that the Security Council now is seized with the question. It is their hope that the report of the group of experts, which is expected in the near future, will provide a useful basis for the Council's further consideration of the question... (A/AC.115/L.70). EcUAOR Extract from a letter dated 30 April 1964 from the Permanent Representative of Ecuador to the United Nations [Original text: Spanish] The Ecuadorian Government has no diplomatic or consular relatiors with the Republic of South Africa. For this reason, it is unable to exert its influence directly with the Government of that State. However, I have been given instructions, which I have carried out, to inform the Permanent Representative of the Republic of South Africa in a friendly way of the concern felt by the Ecuadorian Government over the possible imposition of the death penalty on political leaders, a proceeding which would be contrary to the principles which Ecuador has unswervingly followed ever since this penalty was abolished in the nineteenth century (A/AC.115/L.70). GUATEMALA Extract from a letter dated 13 May 1964 from the Minister for Foreign Affairs of Guatemala [Original text: Spanish] The Committee's concern is fully shared by the Guatemalan Government. which has given permanent instructions to its delegation to the United Nations to keep a vigilant watch on the distressing situation which has arisen in that country. The Government and people of Guatemala have repudiated and will always repudiate racial discrimination, which prevents rapprochement between peoples and intelligent and brotherly coexistence. Concerned at the magnitude of these problems which you are endeavouring to solve in a manner favourable to the majority of the black population of the Republic of South Africa, I should like to inform you that the Guatemalan Government will do its utmost to assist the United Nations in its efforts to find a solution to this situation and thus alleviate the suffering of a people which deserves the esteem and respect of all the free nations of the world (A/AC.115/L.70). GUINEA Extract from a letter dated 8 June 1964 from the President of the Republic of Guinea [Original text: French] The South African authorities would certainly have already abandoned their inhuman policies of apartheid if all the economic sanctions recommended by the United Nations had been applied by Member States, particularly by those which have trade ielations with South Africa. Yet international public opinion is aware of the dangers to international peace and security from policies based on alleged racial superiority, oppression and enslavement. It is also aware that such policies seriously jeopardize the efforts being made by all peace-loving and freedom-loving nations of the world for better understanding among men and peaceful coexistence among States. World opinion therefore insists that the repression against African nationalists in South Africa should cease. Accordingly, we demand energetic practical measures, which should no longer be mere recommendations. We welcome the decisions taken by the Council of Ministers of the Organization of African Unity at Lagos and by the London Conference on apartheid and we want the sanctions recommended to be applied immediately by all States Members of the United Nations. The time has therefore come for concerted and unflinching action by all African Heads of State, supported by their peoples. The time has also come for practical action by all men who really love peace and justice. No more shedding of crocodile tears over the misery of our brothers in South Africa and the monstrosities of apartheid but united action by all to put an end to this disgrace to mankind (A/AC.115/L.70/Add,2). HAITI Extract from a letter dated 16 May 1964 from the President of the Republic of Haiti [Original text: French] In my personal capacity, as leader of the New Haitian Revolution, which calls for more social justice and general wellbeing for the masses; On behalf of the proud Haitian nation, which because of its revolutionary mission, enriched with the blood and sweat of its past struggles against slavery, has always, throughout its history, supported measures for the emancipation of the peoples of America and fostered a living and unselfish solidarity; I condemn the policy of apartheid practised by the Government of the Republic of South Africa against my courageous African brothers who have been too long oppressed through the enthronement of an outmoded concept; I reaffirm my strongest and most whole-hearted support for all measures and all efforts embodied in an action by the Organization which has the high and imperative mission of safeguarding the universality of the principles of the United Nations Charter and the Universal Declaration of Human Rights. Let !he South African Government, in this year of grace of our era of progress and human conquests, confronted by an international conscience thirsting for justice, peace and fraternity, abandon the inhuman system of anachronistic and degrading colonialism and, by complying with the recommendations of the United Nations Special Committee on the Policies of apartheid, bring about the triumph, to its greater glory, of the principle of the equality of all races (A/AC.115[ L.70/Add.1). HUNGARY Appeal addressed to the President of the Republic of South Africa by the President of the Presidential Council of the Hungarian People's Republic (transmitted by letter dated 14 May 1961 fro'm the Mini.'ir for Foroign Affairs) [Original text: English] I have been deeply shocked to learn that the authorities of the Republic of South Africa are keeping in prison and torturing numerous patriots whose only crime is their opposition to the apartheid policies of the Government and their adherence to progressive ideas. In a series of actions instituted against such patriots in court and otherwise, even death sentences have already been passed. In the name of the dignity of human personality, in view of the lofty principles of equality of races laid down in the Charter of the United Nations Organization, in the Universal Declaration of Human Rights, and in a number of decisions adopted by the United Nations General Assembly and the Security Council, I ask you, Mr. President, to use your influence with the Government of the Republic of South Africa to annul without delay the death sentences pronounced in the case of the patriots opposing the policies of racial persecution, to release the political prisoners fighting for racial equalitY and other progressive ideas, to stop the proceedings taken against them and to put an end to the policies of apartheid. This step would afford relief to world public opinion and promote the lessening of the great tension prevailing on the African continent because of apartheid policies. I sincerely hope, Mr. President, that you will not ignore my request (A/AC.115/L.70).

Annex No. 12 115 INDIA in accordance with the spirit of the Charter of San Francisco Extract Irans a letter dated 10 August 1964 from the' I'erma- the problems created by the policies of apartheid of the Cynent Representative of India to the Un;ited Nati enent of South Africa (A/AC.115/L.7/Add.2I. [Original tt: En glish] The Government of India do not maintain diplomatic, consular, trade or any other relations with South Africa. We have already fully implemented all the various resolutions of the United Nations in this behalf. The Government of India will, however, continue to maintain a total L.oycott of relations with South Africa. We have always extended, and will continue to extend. our fullest co-operation to other States as also the Special Committee in securing the implementation of measures designed to liquidate the inhuman and immoral policies of apartheid of the Government of the Republic of South Africa and towards the attainment of justice, freedom, equality and dignity for all the people of South Africa (A/AC115/L.70/Add.4). INDONESIA Extract froni a letter dated 3 M1ay 1964 from the First Deputy Prime Minister and Minister for Foreign Affairs of idonesia. [Original text: English] You are aware, Ar. Chairman, of the fact that the Indonesian Government has supported every effective measure to induce the Government of the Republic of South Africa to abandon its policies of apartheid which are contrary to the United Nations Charter and the Universal Declaration of Human Rights. The Indonesian Government has taken all appropriate measures requested by the United Nations and the Security Council resolutions on the policies of apartheid of the Government of the Republic of South Africa. It is indeed a difficult and tedious undertaking to secure compliance of said resolutions by the Government of the Republic of South Africa, but we shall all persevere until our commoa objective has been achieved... His Excellency, President Soekarno. has expressed his keen personal interest in this problem and wishes me to convey the assurance to you that the Government of the Republic of Indonesia will not cease giving this problem its full attention in a constant endeavour to find a more effective way to implement the relevant United Nations resolutions, the main substance of which are summarized in the four points mentioned in your letter. In this connexion the Government of the Republic of Indonesia will use its influence wherever and whenever it has the utmost effect (A/AC.115/L.70/Add.3). ITALY Extract fron a l:tter dated 16 June 1964 from the Permanent Representative of Italy to the United Nrations [Original text: English] Italy, which has never concealed its firm opposition to all forms of racial discrimination, follows with deep concern the development of events in South Africa and, besides taking all necessary measures for the application of the relevant resolutions of the Security Council, has on many occasions expressed its views and used its influence in the hope of contributing to a peaceful solution of the problems of apartheid. As tn the trials which are being held in South Africa sgainst the people who are opposed to the policies of apartheid, may I reiterate that my country shares the concern and the feelingq of the Committee and of all the countless personalities who have expressed their views thereon. In particular Italy, which in its Constitution has abolished capital punishment and solemnly reaffirmed the political freedom of all its citizens, will continue to co-operate in all appropriate ways with the Special Committee, and with the other United Nations bodies C entrusted with the study of this issue, with a view to solving, JAMAICA Exrr, t fr, a letter doted 29 . April 1694 from the Minmistry of External Affairs of Jamaica [Original text: English] Jamaica has neither diplomatic, consular nor trade relations with South Africa, and does not intend that such relations should be initiated or restored until the policies of apartheid of that Government have been abandoned. Furthermore, the Government of Jamaica does not believe that the rulers of South Africa are likely to heed any appeals addressed to them and will, it is felt, only respond to more tangible action (A/ AC.1 15/L.70). JAPAN Extract from a letter dated 17 July 196-1 front the Deputy Permnanent Representative of Japan to the United Nations [Original text: English] The basic position of the Government of Japan with regard to the trials in South Africa of the leaders of the anti-apartheid movement is fully reflected in its reply dated 9 December 1963, to the inquiry of the Secretary- General in connexion with resolution 1881 (XVIII), (A/5614/Add.3, S/5457/Add.3). The Government of Japan is gravely concerned about subsequent developments of the situation in South Africa and wishes to take this occasion to reaffirm its preparedness to avail itself of every opportunity to appeal to the Government of Soutn Africa to abandon forthwith the policies of apartheid and also its readiness to support any proposal which will bring about a peaceful solution of the problems of racial strife (A/AC. 115/L.70/Add.3). NETHERLANDS Extract from a letter dated 18 July 1964 front the Permanent Representative of the Netherlands to the United Nations [Original text: English] The Government of the Kingdom of the Netherlands continues to reject categorically the policy of apartheid and is deeply concerned with the situation developing in the Republic of South Africa. During successive sessions of the General Assemblv, the Government of the Kingdom of the Netherlands has never failed to state beyond any doubt its feelings in this regard, reflecting the profound convictions of the Netherlands people. The Netherlands Government is of the opinion that only through collective action within the framework of the United Nations can the Government of the Republic of South Africa be induced to abandon its policy of apartheid. The Kingdom of the Netherlands will continue to give its full support to any constructive proposal to this effect (IA/AC.115/L.70/Add.3). NEW ZEALAND E.rtract from a note dated 15 July 1961 from the Permcnest Representative of Ne,:(, Zealand to the United Nations addressed to the Secretary- General (communicated by letter dated 25 .4ugst 1,61t fromn that representative) [Original text: English] Both by its support of United Nations resolutions, including, in particular, General Assembly resolution 1881 (XVIII), and through independent representations, the New Zealand Government has sought to appeal to the Government of South Africa concerning the application of this policy and the treatment of opponents of it. In conformity with resolution S/5761, he New Zealand Government will take any appropriate occasion to make further representations on this matter to the South African Government (A/AC.1l5/L.70/Add.4).

116 General Assemnbly-Nineteenth Session-Annexes PHILIPPINES guarantees, the actions contemplated might achieve an effect opposite to that which we desire, namely to ensure respect Letter dated 29 June lo)4 front the Secretary of Foreign for the non-whites and justice and equality among all social Affairs tenclosed in a letter dated 20 July 1964 from the and ethnic groups in the country. Permanent Represntoti-" of the Philippines to the Unittd This consideration, naturally, should not retard the efforts Nations) which are being made throughout the world to improve the [Original text: English] lot of coloured people (A/AC.115/L.70). The Philippines remains unalterably opposed to the policy SOMALIA of apartheid which is contrary to the ideals of justice and freedom and violates the United Nations Charter and the E.tract from a letter doted 12 Hay 1964 from tle President Universal Declaration of 1lunian Right. This opposition has of the Somali Repnblic (transmitted by letter dated 21 May been manifested in the United Nations through consistent 1964 from the Permanent Representative of Somalia to the support by the Philippines of resolutions condemning apartheid United Nations) in the General Assembly and in the Security Council. [Original text: English] The Philippines views with grave concern the present potentially dangerous situation fostered by South Africa's policy The Somali Government has consistently endeavoured, and of apartheid and therefore stands ready to exert diligence will continue to do so, at all sessions of the United Nations, within the United Nations towards the furmulation of measures Afro-Asian Group, the Organization of African Unity and to deter the Government of South Africa from carrying on a other international conferences, to attack these policies of the policy which is deplored and condemned by the majority of South African Government. Furthermore in this context, the mankind (A/AC.1lS/L.70/Add.4). Somali Republic, on attaining its independence, immediately severed all diplomatic and other relations with the Government of South Africa. POLANeD In 1962, my Government issued decrees forbidding any white Extract from a letter dated 22 May 1961 from the Permanent South African citizen to enter this Republic; prohibiting any Representative of Poland to the United Nations Somali citizen to travel in South African ships or aircraft; prohibiting South African aircraft to overfly the Somali Re[Original text: English] public, and banning the importation of goods into this territory, I should like to inform you, Excellency, that Mr. Aleksandet or the exportation of goods from this Republic into South Zawadski, President of the Council of State of the Polish Africa. People's Republic, sent an appeal to Mr. Charles Robert Swart, I and my Government can assure Your Excellency and the President of the Republic of South Africa, on 30 April 1964, members of the Special Committee, that we will do all that asking him to take all necessary steps to revoke the death is possible to implement any measures designed to deter the penalty passed on the three distinguished leaders of the move- South African Government from carrying on their present ment for respect of human rights, Messrs. Vuyisile Mini, policies of brutal oppression against the indigenous inhabitants Zinakile Mkaba and Wilson Khayinga (A/AC.I15/L.70). of South Africa. The Somali people are linked with all other freedom-loving Ro-iANIA nations in their total abhorrence of apartheid, and racial discrimination, and we sincerely hope that other Governments Extract froni a letter dated 16 July 1964 from the Chargd will geni'inely observe and give their full support to the resod'affaires, Permanent Mission of Romania to the United lutions of your Committee (A/AC.115/L.70). Nations [Original text: English] SUDAN Extract from a note verbale** dated 29 June 1964 from the The Romanian People's Republic, according to its consequent stand of rejection of the apartheid policy promoted Pernanent Representative of Sudian to the United Nations by the Government of the South African Republic, does not [Original text: English] maintain any kind of relations with the South African Republic and condemns the arbitrary actions, the racial discriminatory The Sudan Government, in its condemnation of the perpolicy of this Government and the repression to which the sistence of the Government of the Republic of South Africa militants for the abolition of the apartheid policy in the South in its policies of apartheid, maintains a complete diplomatic, African Republic are subjected. economic and commercial boycott of that Government. The Government of the Romanian People's Republic, sup- ... The Sudan Government will spare no effort to induce porting the objectives of resolutions 1761, S/5386 and S/5471 the Government of the Republic of South Africa to give effect of the United Nations General Assembly and Security Coun- to the purposes and objectives outlined in the letter dated cil, considers that the strict implementation by all States of 23 March 1964 of the Chairman and Officers of the Special the measures advocated by them would deprive the South Committee referred to above (A/AC.115/L.70/Add.3). African Government of support and encouragement in promoting its apartheid policy (A/AC.ll5/L.70/Add.3). SYRIA Extract from. a note verbale dated 17 June 1964 front the RWAxxoA Permanent Representative of Syria to the United Nations Extract from a letter dated 6 May 1964 from the President [Original text: English] of the Republic of Rwanda The Syrian Mission is pleased to inform the Chairman of [Original text: French] the Special Committee that the Syrian Government agreed on 12 September 1963 to implement fully the provisions of My Government, as it has always done in the past, will con- resolution 1761 tXV'I) adopted by the General Assembly at tinue its unremitting struggle on behalf of the coloured peo- its seventeenth session, as well as all the provisions of pies of South Africa, especially within the framework of the resolution S/5386 of the Security Council dated 9 August 1963. Organization of African Unity. . Furthermore, the Syrian Government has neither diplomatic We cannot refrain from pointing out how important it is relations nor bilateral agreement with the Government of South to find an adequate means of preventing the various economic, Africa. diplomatic and other sanctions taken against South Africa from being turned exclusively to the disadvantage of the **A copy of the South Africa Boycott Act, No. 30, 1963, was Bantu peoples of that country. We feel that, without such attached to the note verbale.

¢C K s h na co M ob PS do U Kin the whi apa I h Her 1238 Mai 1881 last Nati UNITED STATES OF AMERICA Extract front a letter dated 11 May 1964 from the Per,aancnt Representative of the United States of America to the United Nations [Original text: English] The United States supported General Assembly resolution 1881. On that occasion, Ambassador Plimpton declared that 'the United States is uncompromisingly and irrevocably opposed to legislation such as the legislation under which these defendants are being tried, which permits incarceration-and [Original text: French] I have the honour to ackiowledge receipt of the letter which Your Excellencies addressed to His Holiness Paul VI on 23 March 1964 asking him to intervene in favour of victims of racial conflict in South Africa and to encourage the protection and recognition of humnan rights in that country. The Sovereign Pontiff, who has examined your letter, wil not fail to use his good offices, as in similar cases in the past, within the limits of his possibilities and of methods in keeping with his spiritual mission, in order that the lives of persons threatened with execution may be spared and the rights of the human person respected. Annex No. 12 117 The Syrian Government will always co-operate in applying which puts on the defendant the burden of proving himself all the resolutions and recommendations by the different organs innocent.' The United States Government also recognized, as of the United Nations (A/AC.115/L.70/Add.4). Ambassador Plimpton said at the time, the right of any country to conluct the defence of its citizens against violence, with THAILAND proper safeguards for the accused. Extract from a letter dated 6 Jul' 1064 front the Director- Ti" United States has repeatedly supported appeals to the General, International Organi.atioas Department, Ministry South African Government to liberate persons imprisoned of Foreign Affairs of Thailand for opposing apartheid. It voted for Security Council resolution S/5386 of 7 August 1963, which calls upon the Government [Original texrt: Engjlish] of South Africa 'to liberate all persons imprisoned, interned [The Government of Thailand] has always opposed the or subjected to other restrictions for having opposed the policy policy of apartheid of the Government of the Republic of South of apartheid.' It also supported Security Council resolution Africa and has all along extended its co-operation to the S/5471 of 4 December 163, which reiterated that appeal. United Nations in dealing with this matter. Consequently It eontiie, to suppoit it. His Majesty's Government will continue to make every effort Nfay I reiterate that the United States shares the concern to act in conformity with the resolutions or decisions adopted of the Committee over the circumstances giving rise to the by the United Nations (A/AC.115/L.70/Add.3). security trials in South Africa, the laws under which opponents of apartheid are being detained and the consequences UKRA\INIAN SOV IET SOCIALIST REPULIC that could ensue both from the trials and from persisting in the policies of which the trials are an aspect. I can assure Appeal addressed to the President of the Republic of South you that the United States will continue to examine carefully Africa by the President of the Presidium of the Supreme the circumstances and opportunities to assist in a humane and Soviet of the Ukrainian Soviet Socialist Republic (con- just resolution of these pressing problems (A/AC.115/L.70). nmuicated by' letter dated 25 lay 1964 from the Permanent Misson of the Ukrainian Soviet Socialist Republic to the 'nitcd Nations) UppER VOLTA [Original text. Russian] Extract from a letter dated 14 July 1964 from the President of the Republic of Upper Volta The Ukrainian people have learnt with profound alarm and oncern that Vuyisile Mini, Zinakile Mkaba and Wilson [Original text: French] hayinga, citizens of the Republic of South Africa, have been [The situation in South Africa] which flouts the most eleentenced to death for taking part in the movement for securing inentary principles of humanity, cannot last; what remains to uman rights in accordance with United Nations resolutions, be done, therefore, is to organize swiftly the active solidarity On behalf of the Ukrainian people, I appeal to you in the of all countries which are really anxious to see the principles ame of compassion and humanity to use your authority to of the United Nations Charter upheld. This, however, is probommute the death sentences passed on Vuyisile Mini, Zinakile ably one of the cases where great declarations of intention [kaba and Wilson Khayinga. I also appeal to you to assist in can be seen falling short of practical application. taining the release from imprisongent of all other s.artici The long-advocated solution of concerted economic pressure Ationonyourpart in the monriftese awould have brought the Pretoria Government to terms long Action on your part in the spirit of these appeals will un- before this; in practice, however, we find that those who 'btedly meet with universal understanding and satisfaction befre th s a or we find tha thos ho A/AC.15/L70).describe themselves as our best friends are the very ones to /AC.15/L.70). supply that Government with the bulk of its war arsenal and NITED KitGeoss OF GREAT BRITAIN AND NORTHERN IRELAND the military means for its acts of provocation. These considerations ought not, it is true, to prevent positive 'tract from a letter dated 23 April 1964 from the Permnanent and decisive solutions from being worked out and-more imNoepresentatiae of the United K tigdo of Great Britain and portant-applied, by the United Nations; but experience tends Northern Ireland to the United Nations to show that, here again, an additional goad is needed, gen[Original text: English] erally in the form of a 'trouble spot'. At all events, a spur to effective action might be provided am instructed by Her Majesty's Government in the United by a sharper awareness, among the independent African States igdom to inform you that they have, in representations to as a whole, of present-day realities in South Africa; for not South African Government, made clear the repugnance least among paradoxes is the fact that the excesses described :ch they and the British people feel for the policy of in the Special Committee's report are largely unknown to the rtheid and the measures used to enforce it. In this connexion general public who, generally speaking, view the South African ave been asked to invite your attention to the speeches by problems as something 'ideological', distant and even unreal Majesty's Minister of State for Foreign Affairs at the (A/AC.115/L.70/Add4). 8th plenary meeting on 11 October last year, when Her esty's Government voted for General Assembly resolution HOLY SEE on political trials in South Africa, and on 17 October year at the Special Political Committee of the United Communication dated 30 April 1904 front the Secretary of State ons (A/AC.115/L.70).

118 General Assembly-Nineteenth Session-Annexes The Encyclical of Pope John XXIII -Paccm in Terris-states that relations between political commnlities must be harmonized in truth and freedom.. \ common origin, an equal Redemption, a similar fate unites all men and calls upon them to form together a single Christian family. List of documents (ex 1i A/AC115/L.32 A/\C.1t5/L,33 A/Ai115/1_.34 A,. \C 115., I 1_35 A/AC.115/L.36 A/AC.115/L.37 A/AC.115/L.38 A/AC.1 !5/L.39 A/AC.115/L.40 A/AC.115/L.41 A/AC.115/L.42 A/AC.115/L.43 A/AC.115/L.44 A/AC.I15/L.45 and Add.1 A/AC.115/L.46 A/AC. 115/L.47 A/AC.115/L.481 A/AC.115/L.49 and Add1-4 A/AC.115/L.50 A/AC.ll5/L.5I A/AC.115/L.52 A/AC.115/L.53 A/AC.115/L.542 A/AC.115/L.55 A !AC.115/L.55/Add.1 and Aldi/Corr.i and 2 A/AC.115/L.56 and Rev.l A/AC.115/L.57 A/AC.115/L.58 These principles of justice, of freedom an'l of peace, based on the natural law and on the message of the Gospel, which constitute a basic element of the magisterium of the Church, are also deeply imilanted in the United Nations Charter and the Universal Declaration of -luman Rights. ANNEX 11 celuding reports of the Special Committee) circulated between September 1963 and 30 November 1964 Le:tcr dated 9 Septemlbr i063 from Mi. Barry F. Mason, Ithaca, New York, USA Relmrt of tile Suo-Committee Letter dated 11 September 19{63 from the (,eneral f eta he International Confederation of Free Trade Unions t: the i. rt5. General of the United Nations Letter datkd 4 Septemln ir 1963 addressed to the "1 S dith beeretary of State- by the Becharaland -''- Part:. Pe'ess statement dated 12. ScptLlb, r 1963 by t!je Afrcan t,.2 :1 Congress, Laudon Report of the Sub-Committee Leter dated 30 September l'463 from the Pan- kfr cans Con rr-sof South Africa, Maseru, Basutoland, regarding the su .cstion to partition South Africa Letter dated 2f) November 1963 from the Pan-Africanist Congress of South Africa, Maseru, Basutoland: Sobukwe's lfe in jeopardy Report of the Sub-Conolittee Letter dated 19 November 1963 from the Pan- \fricanist Congress of South Africa, Maseru, Basutoland Communication received from a group of persons in Germany Statement issued by the Meeting of the Bishops of the C ii-ch of Norway, November l', (communicated by the Permanent . s-ion of Norway to the Unitcd Nations) Report of the Sub-Committee Letter dated 20 February IT64 from Mr. Noel H. Salter, Secretary, International Department, the British Cotmcil of ( 1-Al. ::h. Ludon Letter dated 21 February 1964 from Mr. Jolhn Lang, D;rector, D~efenec and Aid Fund, Christian Action, London Letter dated 21 February 164 from -he Reveretnd Mih,_c! Scott, tle Africa Bureau, London N ,te on repressive measures against opponents of the policy of apartlicid in the Repu.lic of South Africa Communications from the specialized agencies of the United t;cns Report of the Sub-Committee Letter dated 22 February 1064 from Mr. B. S~n',b. Secretary, South African Peace Council, Johannesburg, South Africa Letter dated 26 February 1964 from Mr. John Lang, Director, Defence and Aid Fund, Christian Action, London Letter dated 3 March l);)4 from Mr. George Houser, Exocntive Director, American Committee on Africa, New York (enclosing copies of statements by South Africans detained under tha ninetyday Detention Act) Nite on developmnts since the report of the Sp.-cial Committee to the General Assembly at its eighteenth session The pattern of foreign trade of the Republic of South Africa: prepared by the Secretariat at the request of the Special Committee The pattern of foreign trade of the Republic of South Africa-revised statistical tables (prepared by the Secretariat at the request or the Special Committee) Foreign investment in the Republic of South Africa (prepared by the Secretariat at the request of the Special Committee) Le ter dated 2 March 1Q64 from Mr. Peter Benenson, Secretary, Amnesty International, London Resolution on apartheid adopted at the second regular session of the Council of Ministers of the Organization of African Unity I See A/5692, annex 1. 2 Ibid., annex II. x 3

Annex No. 12 119 A/AC.115/L.59 A/AC.115/L.60 A/AC.115/L.61 A/AC.115/L.62 A/AC.115/L.63 A/AC.1 15/L.64 A/AC. 1!5/L.65 A/AC.115/L.66 A/AC.115/L.67 A/AC.115/L.683 A/AC. 115/L.69 A/AC.115/L.70 and Add.l-4 A/AC.1 15/L.71 A/AC.115/L.72 A/AC.] 15/L.73 A/AC.]I5/L.74 A/AC.115/L.75 A/AC.115/L.76 A/AC. 115/L.77 A/AC.115/L.78 A/AC.115/L.79 A/AC. 115/L.80 A/AC.]15/L.81 A/AC. 115/L.82 A/AC.115/L.83 A/AC.115/L.84 A/AC.115/L.85 A/AC.115/L86 A/AC.115/L.87 A/AC.I15/L.88 A/AC.115/L.89 Letter dated 13 February 1964 from Mr. Duma Nokwe, SecretaryGeneral of the African National Congress of South Africa, addressed to the Secretary-General Text of declaration signed by 143 international personalities in connexion with the trials in South Africa Three cables concerning death sentences in Port Elizabeth, South Africa Letter dated 24 March 1964 from Mr. Raymond Kunene, London representative, African National Congress of South Africa Letter dated 17 March 1964 from Mr. John K. Tettegah, SecretaryGeneral, Ghana Trade Union Congress, enclosing a memorandum adopted by the Second Conference of the International Trade Union Committee for Solidarity with the Workers and People of South Africa held in Accra, Ghana, from 9 to 11 March 1964 Letter dated 31 March 1964 from Mr. Robert Serpeli, Chairman, Oxford University Joint Action Committee against Racial Intolerance (United Kingdom) addressed to the Secretary-General Report of the delegation of the Special Committee on the policies of apartheid of the Government of the Republic of South Africa on the hearing of petitioners in London, 13 and 18 April 1964 Report of the Sub-Committee Text of letter dated 27 April 1964 from Miss Mary Benson enclosing the statement by Mr. Nelson Mandela at his trial in Pretoria on 20 April 1964 Report of the delegation of the Special Committee on the policies of apartheid of the Government of the Republic of South Africa on the International Conference on Economic Sanctions against South Africa, London, 14-17 April 1964 Letter dated 5 May 1964 from the Permanent Representative of Hungary addressed to the Chairman of the Special Committee Appeal to Member States in connexion with the trials and death sentences in the Republic of South Africa and replies thereto Index of documents published between 30 July 1963 and 10 June 1964 Report of the Sub-Committee Letter dated ]2 May 1964 from Mrs. Ruth First, London Report of the Sub-Committee Letter from Mr. J. Thorpe, M.P., Honorary Secretary of the World Campaign for the Release of South African Prisoners, addressed to the Secretary-General of the United Nations Report of the Sub-Committee Letter dated 25 June 1964 from Canon L. John Collins, Chairman, Defence and Aid Fund (International), London Extracts from a letter dated 30 June 1964 from Miss Margaret Roberts, Honorary Secretary, Joint Committee on the High Commission Territories, Richmond, United Kingdom Statement by His Excellency, Mr. Diallo Telli, Chairman of the Special Committee, at the 38th meeting on 30 July 1964 Report of the Sub-Committee Letter dated 3 September 1964 from the representative of the African National Congress of South Africa, London Letters dated August 1964 from the International Chairman of the Women's International League for Peace and Freedom, Geneva, Switzerland Resolutions adopted by the Assembly of Heads of State and Gov eminent of the Organization of African Unity at its first ordinary session in Cairo, 17-21 July 1964, on "apartheid in South Africa" and on "apartheid and racial discrimination" Letter dated 5 October 1964 from the Permanent Mission of Ghana Report of the Sub-Committee Resolution on South Africa transmitted by a letter dated 2 October 1964 from the Canadian Union of Students, Ottawa, Canada Memorandum dated 30 September from the X\V orld Campaign for the Release of South African Prisoners, London Letter dated 7 October 1964 from the Permanent Representative of India Statement by the Chairman of the Sub-Committee at the 41st meeting on 9 October 1964 a See A/5707, annex II.

120' General Assen1bN-Nineteenth Session-Annexes A/AC.115/L.90 A/AC.115/L.91 A/AC.l 15/L.92 A/AC.I15/LJ)3 A/AC.115/L.94 A/AC.115/L.96 A/AC.115/L.97 A/AC.115/L.98 A/AC.1l5/L.99 A/AC.115/L.100 A/AC.115/L1.01 26th meeting 28th meeting 29th meeting Letter dated 16 October 1964 addressed to the Chairman of the Special Committee by the Permanent Representative of Hungary Resolution adopted by the Second Conference of the Heads of State or Government of Non-Aligned Countries, in Cairo, 5-10 October 1964, on "racial discrimination and the policy of apartheid" Statement by 7\1r. Ronald Segal at the 42nd meeting on 20 October 1964 Letter dated 22 October 11A4 addresscd to Chairman of the Special Committee by the Secretary-General of the United Nations Statement by Mrs. Mary-Louise Hooper at the 45th meeting on 29 October 1964 Report of the Sub-Committee Letter dated 9 October 1964 from S. Abdul, Honorary Secretary, the Anti-apartheid Movement, London Memorandum dated 31 October 1964 from Dr. Hans Mcidner and Mrs. Marion Friedmann, former members of the Liberal Party of South Africa now resident in the United Kingdom Appeal to Member States concerning relief and assistance to famrlies of persons persecuted by the South African Government fur their opposition to the policies of apartheid Note on repressive measnres against oipponents of the poic'es of apartheid Letter dated 12 November 1964 from the Permanent R'u-rc ' atCe of India to the United Nations Report of the Sub-Committee March 1964 March 1)64 March 1964 13 April 1964 18 April 1964 HEARINGS OF PETITIONERS Miss Miriam Makeba (South African singer) Miss Mary Benson (South African writer) Mr. Oliver Tambo and Mr. Tennyson Makiwane (representatives of the African National Congress of South Africa) Mrs. Barbara Castle, M.P.. accompanied by Mr. S. Abdul, representing the Anti-apartheid Mowcment, Londons Canon L. John Collins (Chairman, Defence and Aid Fund, London)6 Mr. Barney Desai (President of the Coloured Peoples Congress of South Africa)5 Mrs. Ruth First (journalist)5 Dr. Joost de Blank, former Archbishop of Cape Town and currently Canon of Westminster Abbey, London,5 Mr. A. Manchanda, accompanied by Mr. Rashid Yousuf and Mr. Mohamed Tickley, representing the Committee of Afro-Asian Caribbean Organizations, London5 4The summary records of the 22nd, 23rd, 24th, 25th, 32nd, 35th, 36th, 47th, the second part of the 48th, 49th, 52nd, and the first part of the 53rd meetings are restricted, as these meetings, devoted to the consideration of reports by the Special Committee and to the organization of its work, were closed. 5 See A/AC.115/L.65-report of the delegation of the Special Committee on the policies of apartheid of the Government of the Republic of South Africa on the hearing of petitioners in London, 13 and 18 April 1964 containing memoranda and written statements from: the Anti-apartheid Movement, London; Mr. Barney Desai, President of the Coloured Peoples Congress of South Africa; Mrs. Ruth First, journalist; Mr. A. Manchanda, Mr. Rashid Yousuf, Mr. Mohamed Tickley, Mr. Somahlenga Mokhonoana, Mr. Ted Stagg and Mr. Brian Hamilton of the Committee of Afro-Asian Caribbean Organizations; Dr. Yusuf M. Dadoo, representative of the South African Indian Congress; Mr. Leon Levy, National President and official representative abroad of the South African Congress of Trade Unions; Mrs. Rosalynde Ainslie and Miss Dorothy Robinson, of the Anti-apartheid Movement, London. SIN MARY RECORDS OF THE SPECIAL COMMITTEE A/A C.115/SR.22-534

Annex No. 12 121 29th meeting (continued) 0 See A/AC.115/L.92. 7 See A/AC.115/L.94. ANNEX III Direction of imports and exports of the Republic of South Africa 1. The following tables, on the direction of the imports and exports of the Republic of South Africa, are taken from the Monthlv Abstract of Trade Statistics compiled by the Department of Customs and Excise of the Republic of South Africa. 2. In considering these statistics, the following notes from the Monthly, Abstract should be taken into account: "Statistical tcrrilory -The statistical territory in respect of the external trade statistics of the Republic of South Africa does not coincide with its political boundaries, but it does include the High Commission Territories of Basutoland, Swaziland and the Bechuanaland Protectorate, as well as the Territory of South West Africa. "Country of destination means country of destination as far as can be ascertained at the time of shipment. A proportion of the goods declared to be for export to any one country may be distributed from that country to other countries, but as the ultimate destination is unknown when the consignment leaves South Africa the export figures are credited to the country declared on bills of entry (export). "Country of origin-Imports are credited, where possible, to the country in which the goods have been grown, produced, or manufactured. Where the particulars of the origin are not available the goods are credited to the country whence shipped. "Ualue-imports-The value recorded of goods imported is the free on board cost of the goods to the importer. "T'alue-exports-The value of goods exported is the price of those goods free on board at the place of dispatch." TABLE 1. REPUBLIC OF SOUTH AFRICA: IMPORTS-COUNTRIES Suummary of imports (including government stores) by countries of origin, refiectin.9 the percentage that each country bears to the total imports together with comparative figures for the corresponding period of the Previous year 1963 1962 Country of origin Rand* Per cent Rand Per cent AFRICA Morocco Congo (Brazzaville) .... Congo (Leopoldville) ...... A ngola ...... South A frica ...... Rhodesia and Nyasaland .... M ozam bique ...... K enya ...... O ther A frica ...... TOTAL, AFIR EUROPE N orw ay ...... Sweden ...... Denmark United Kingdom of Great Britain and Northern Ireland ...... B elgium ...... N etherlands ...... Federal Republic of Germany ...... France ...... Switzerland. A ustria ...... P ortugal ...... S pa in ...... Ita ly ...... F inland ...... Eastern Germany ...... * 1,399,956 . . 732,165 -.. 21,601,943 * *. 1,481,515 .. 2,287,145 . * 32,816,008 ... 6,092,091 4,161,197 ... 10,226,493 ICA 80,798,513 4.565,939 22,023,798 4,633,599 361,434,208 13,746,151 30,095,780 129,675,983 31,316,398 19,615,067 7,052,425 2,236,597 1,674,481 34,096,546 5,665,843 1,785,380 18 April 1964 Mr Thabo \lbeki, son of the African leader, Mr. Govan Mbeki, now on trial in Pretoria5 Dr. Yusuf M. Dadoo, representative of the South African Indian Congress5 Mr. Lcon Levy, National President and official representative abroad of the South African Co cc',s of Trade Unions," 20 ()cthcr 1964 Mr. Ronald Segal, convener of the International Conference on Economic Sanctions against South Africa held in London, 14-17 April 19646 21 ()ctocr 1964 Mrs. Mlary-IAumise Hlooper, American Committee on Africa, New York7 42id meeting 45th meeting 2,306,485 951,771 22,540,830 856,750 1,241,459 27.478.471 2,769,783 2,423,324 9.930,870 70,499,743 3,582,713 18,051,652 3,605,282 303,040,918 12,438,655 24,823,669 102,243,323 21,045,586 15,897,824 6,230,671 2,402,169 1,232,272 28,811,079 4,621,627 899,269

122 General Assembly-Nineteenth Session-Annexes TABLE 1 (continued) 1963 1962 Country of origin Rand* Per cent Rand Per cent EUROPE (continued) Poland ...... Czechoslovakia ...... H ungary ...... Other Europe ...... TOTAL, EUROPE AMERICA Canada ...... United States of America...... M exico ...... Netherlands Antilles ...... V enezuela ...... Brazil ...... U ruguay ...... A rgentina ...... P e ru ...... Other America ...... TOTAL, AMERICA ASIA 767,797 3,491,128 951,244 913,788 675,742,152 40,614,763 204,519,560 2,537,926 2,192,035 529,793 6,194,277 1,141,688 1,399,665 650,018 1,306,086 261,085,811 Israel ...... 1,171,223 Saudi Arabia ...... 2,637,309 A den ...... 8,444,896 Q atar ...... 2,323,092 Bahrain ...... 9,565,,i80 Iraq ...... 1,804.160 Iran ...... 31,063,582 Pakistan 12,771,389 Ceylon ...... 13,254,567 T hailand ...... 663,178 British Borneo ...... 628,222 Hong Kong ...... 7,496,571 C hina ...... 1,815,913 Japan ...... 56,420,036 Other Asia ...... 18,135,649 TOTAL, ASIA 168,195,467 OCEANIA Australia ...... N ew Zealand ...... Other O ceania ...... 12,419,872 1,738.651 11,766 TOTAL, OCEANIA 14,170,289 TOTAL, ALL COUNTRIES 1,199,992,232 Unallocated imports through the post . 2,917,545 Customs value of immigrants' effects.. 9,765,506 GRAND TOTAL 1,212,675,283 409,473 2,697,341 799,361 706,863 553,539,747 24,933,628 166,762,610 2,392,824 1,485,100 1,209,250 4,716,456 1,084,397 2,400,812 658,703 1,353,799 206,997,579 1,179,848 3,720,121 10,007,034 9,343,577 874,020 36,736,892 17,019,071 12,879,598 860,161 502,006 4,493,652 962,911 41,464,245 13,884,491 153,927,627 1.0 13,739,463 0.1 1,646,703 29,780 1.2 15,415,946 100.0 1,000,380,642 2,654,685 4,760,411 1,007,795,738 * 1 rand = $1.40. TABLE 2. REPUBLIC OF SOUTH AFRICA: EXPORTS-COUNTRIES Summary of expcrts of South African produce (excluding specie) according to countries of destination, reflecting the percentage that each country bears to the total e.rports, along with comparative figures for the corresponding period of the previous year 1963 1962 Country of destination Rand Per cent Rand Per cent AFRICA United Arab Republic...... Congo (Leopoldville) ...... A ngola ...... Rhodesia and Nyasaland...... M ozam bique ...... M auritius ...... 0.3 0.1 0.1 55.3 2.5 16.7 0.2 0.1 0.1 0.5 0.1 0.2 0.1 0.1 20.7 0.1 0.4 1.0 0.9 0.1 3.7 1.7 1.3 0.1 0.1 0.4 0.1 4.1 1.4 15.4 1.4 0.2 1.5 100.0 401,548 6,137,725 1,346,462 75,142,477 13,705,665 3,480,756 627,337 7,473,293 1,021,245 84,670,008 12,131,767 4,173,849

Annex No. 12 123 TABLE 2 (continued) Country of destsatis AFRICA (continued) Kenya . Other Africa ...... T EUROPE Norway Sweden Denmark ...... I'el:nd . . United Kingdom of Gre Northern Ireland Belgium ...... Netherlands Federal Republic of Ge France . Switzerland ...... A ustria ...... Portugal ...... Spain ...... Italy ...... Finland Eastern Germany P oland ...... Czechoslovakia .... Albania G reece ...... Other Europe T AMERICA Canada ...... United States of Amen Mexico ...... Colombia ...... C hile ...... A rgentina ...... Other America Ta 1963 1962 Rand Per ccut Rand Per ccnt 3,850,870 . 3,302,793 lorAL, AIRICA 107,368,296 1,957,284 ... . 5,066,322 7,q-l,544 3,278.218 at Brita'n and ...... 272,02.,414 ...... 38,566,483 24,526,870 rmany . 49,114,892 . .... 31,422,934 5,009,194 ...... 1,470,311 ...... 3,403,088 5,948.381 49,322,960 .... 903,683 2,082,418 ...... 2,436,761 ...... 770,670 ...... 648,955 ...... 1,074,442 ...... 676,512 OrAL, EUROPE 500,493,399 ...... 13,290,111 ca ...... 80,575,740 ...... 4,768.949 430,757 ...... 451,670 ...... 1,213,783 1 - ...... 1,806,913 rAL., AMERICA 102,537,923 ASIA T urkey ...... 1,330,435 Israel ...... 2,838,517 A den ...... 583,945 Iraq ...... 451,486 Iran ...... 613,268 Pakistan ...... 794,592 Ceylon ...... 1,224,099 Thailand ...... 483,629 Hong Kong ...... 8,53,854 C hina ...... 4,263,359 Japan ...... 70,518,246 Republic of Korea ...... 129,221 Other A sia ...... 11,746,478 TOTAL, ASIA 103,517,129 OCEANIA A ustralia ...... British Pacific Islands. New Zealand .... Other Oceania To Optional Ship stores ...... Parcel post ...... Customs value of emigran ....I...... 11,717.016 ...... 357,551 ...... 1,628,075 ... 53,903 rAL, OCEANIA 13,756,5 45 66,953,Q56 ...... 9,174,281 ...... 1,452,045 nts' effects... 1,714.280 GRAND TOTAL 906,967,854 0.4 5,47 1,023 0.4 4,032,629 11.8 119,604,151 0.2 2,704,552 0.6 5,562,867 0.1 1,457,992 0.4 1,669,173 29.9 241,933.604 4.3 37,866,598 2.7 25,180,720 5.4 42,759,300 3.5 31,306,238 0.6 5,713,683 0.2 3,045,867 0.4 1,591,375 0.7 3,843,817 5.4 44,258,626 0.1 1,568,963 0.2 1,627,694 0.3 2,122,388 0.1 581,463 0.1 0.1 1,053,302 0.1 1,021,937 55.1 456,870,159 1.5 10,385,104 8.9 78,107,917 0.5 379,474 660,778 530,431 0.1 1,578,994 0.2 1,934,649 11.3 93,577,347 0.2 1,012.280 0.3 2,886,724 0.1 339,664 802,044 0.1 2,448,111 0.1 1,545,140 0.1 1,768,885 0.1 468,493 0.9 8.627,925 0.5 938,346 7.8 72,394,653 492,251 1.3 13,749,906 11.4 107,474,422 1.3 8,667.957 420.169 0.2 1,619,898 46,237 1.5 10,763.251 7.4 74,390,652 1.0 7,431,151 0.2 1,396,535 0.2 2.137.!Y-17 100.0 873,(,44,7(5

6 General AssemblY-Twentyfixst Session-AnLnexes UNION OF SOVIET SOCIALIST REPUBLICS UNITED KINGDOM OF GR [Original text: Rusriant] [12 May 19663 With reference to your letter concerning the enlargement of the membership of the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa, I have the honour to inform you that the Soviet Union is prepared to take part in the work of the Special Committee. The Soviet Union's position on the question of the racist policies pursued by the South African rkgime is widely known. The Soviet Union holds, as it always has done, that the inhuman policies of apartheid should be brought to an end. As you know, the Soviet Union does not maintain diplomatic or consular relations with the Republic of South Africa, nor does it have trade ties with that country. The Soviet Union has repeatedly declared that it will continue in future to support any appropriate action which will contribute to the speedy elimination of the infamous policies of apartheid in the Republic of South Africa. The Soviet Union attaches great importance to the activities of the Special Committee on apartheid and takes the view that, whether or not it proves possible to appoint the additional six members of the Committee pursuant to the decision of the General Assembly at its last session, the Committee should begin its work without delay as at present constituted. EAT BmITAIN" AND NORTHERN ItrEAND [Original text: English] [3 fuse 1966] Your Excellency will recall that the United Kingdom delegation abstained on General Assembly resolution 2054 (XX), paragraph 3 of which recommended the expansion of the Special Committee, and that in explaining the United King. dom vote on the resolution to the General Assembly on 15 December, the United Kingdom representative made clear that the United Kingdom Government would be unable to accept the recommendation in this operative paragraph. I am there. fore writing to confirm the decision of my Government, earlier conveyed to you orally, that it will not be possible for them to accept the invitation to be designated as a member of the Committee. UNITED STATES OF AMERICA [Original text: English] [31 Mal 1966] With reference to your letter concerning the enlargement of the membership of the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa, I have the honour to inform you that, as I indicated to you earlier this year, the United States is not prepared to take part in the work of the Special Committee. DOCUMENT A/6486* Report of the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa (25 October 1966) [Original text: English/French] [25 October 1966] CONTENTS LETTER OF TRANSMITTAL I. INTRODUCTION ...... II. R.E VEW OF THE WORK OF THE SPECIAL COMMITTEE ...... A. Reports of 17 June and 16 August 1965 by the Special Committee .... B. Action taken by the General Assembly at its twentieth session ...... C. Postponement of consideration by the Security Council ...... D. Action by other organs of the United Nations ...... E. Programme of work of the Special Committee F. Invitation to the Organization of African Unity ...... G. Consultation on the Seminar on Apartheid ...... H. Message to the International Conference on South West Africa .... I. Statement by the Chairman on the conviction of Mr. Abram Fischer, Q.C. J. Report of 29 June 1966 by the Special Committee ...... K. Consideration of development since 10 August 1965 ...... L. Work of the Sub-Committee on Petitions and the hearing of petitioners Paragr aphs 1-10 11-99 11-35 36-42 43-45 46-53 54 55-57 58-60 61-62 63 64-71 72-86 87-99 III. NEW DIMENSIONS OF THE PROBLEM OF APARTHEID ...... 100-129 A. A year of inaction by the Security Council ...... 106-114 B. Aggravation of the situation inside South Africa ...... 115-119 C. Threat to adjacent territories ...... 120-129 IV. CONCLUSIONS AND RECOMMENDATIONS OF THE SPECIAL CoMMIrFErE .. 130-208 A. The responsibility of the great Powers and major trading partners of South Africa...... B. A programme of action by the United Nations C. The repercussions of apartheid in Southern Africa ...... D. Economic sanctions and related measures E. Moral and material assistance to those combating the policies of apartheid * Also issued as S/7565. 137-143 144-156 157-160 161-165 166-169

Agenda item 34 F. Efforts to promote supp-ort of n-n-gover:mental organizations and world public opinion ... 170-191 G. Humanitarian asistance to victims of racial discrimination and repression 192- 204 H. Strengttlening of the Special Committee .20-20$ V. SUMMARY OF RECOMMENDATIO\S 209-216 ANNEXES Page . Lit of documents (not including reports of the Special Committee) issued from 10 August 1965 to 21 October 196 .. -...... 9 II. Review of devec-pmn:s in the Republic of South Africa since the report of 16 A ugust 1965 ...... 30 Letter of transmittal New York, 21 October 1966 I have the honour to send you herewith the report adopted unanimously on 21 October 1966 by the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa. This report is submitted to the General Assembly in pursuance of paragraph 5 (b) of General Assembly resolution 1761 (XVII) of 6 November 1962, and of paragraph 2 of General Assembly resolution 1978 A (XVIII) of 16 December 1963. (Signed) ACHKAR Marof Chairman of the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa His Excellency U Thant, Secretary-General of the United Nations, New York. I. Introduction 1. The Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa was established by General Assembly resolution 1761 (XVII) of 6 November 1962. Under General Assembly resolutions 1761 1XVII) and 1978 A (XVIII . it has the mandate "to follow constantly the various aspects of this question and to submit reports to the General Assembly and to the Security Council whenever necessan-". It is composed of the following eleven members: Algeria. Costa Rica, Ghana, Guinea, Haiti. Hungary. Malaysia. Nepal, Nigeria, the Philippines and Somalia. 2. During the period under review, that is, from 10 August 1965. Mr. Achkar Marof (Guinea) continued as Chairman of the Special Committee and Mr. Padma Bahadur Khatri (Nepal) as Rapporteur. 3. The Sub-Committee on Petitions was composed of the representatives of Algeria. Ghana. Nigeria and the Phihivp, nes Mr. E. C. Anvaoku (Nieria) was its Chairman until March 1966. 'Mr. OlajideAlo (Nigeria) was elected Chairman on 11 -May 1966. 4. The following representatives served on the Special Committee: Algeria Rerresentat?-.1" Mr. Tewfik Bouattoura Alternate Representatives: Mr. Hadj Benabdelkader Azzout; .Mr. Abderrahmane Bensid Costa Rica Representative: Mr. Eugenio Jimnez Sancho Alternate Representatives: Mr. Jos6 Maria Aguirre: 'Mrs. Emilia C. de Barish Ghana Represen tatize: Mr. F. S. Arkhurst Alternate Representative: Mr. Joseph Benjamin Phillips Guinea Represen tatize: Mr. Achkar Marof -Ilt-rnate Representatives: Mr. *M'Baye Cheik Omar. Mr. Tours Hady Haiti Representat'ze: Mr. Carlet R. Auguste Alternate Reprcsentatiz'es : Mr. Raoul Siclait: Mr. Alexandre Verret: Mr. Leonard Pierre-Louis

8 General Assembly-Twenty-first Session-Annexes Hungary Representative: Mr. KAroly Csatorday Alternate Representatives: Mr. Arpfid Prandler: Mr. Imre Borsanyi falaylsia Representative: Mr. Radhakrishna Ramani Alternate Representatives: Raja Aznam bin Raja Haji Azraai bin Zainal Abidin Ahmad; Mr. Zain Nepal Representative: Mr. Padma Bahadur Khatri Alternate Representative: M,-. Devendra Raj Upadhya Nigeria Representotives: Mr. S. 0. Adebo; Mr. J. T. F. Iyalla .41tcrnate Representativcs: Mr. E. C. Anyaoku (until May 1966) ; Mr. Olajide Alo; Mr. A. A. Mohammed Philippines Representatives: Mr. Salvador P. Lopez: Mr. Privado G. Jimenez Alternate Representatives: Mr. Alejandro D. Yango: Mr. Virgilio C. Nafiagas, Mr. Antonio J. Uy; Mr. Rodolfo Arizala So iualia Representative: Mr. Abdulrahim A. Farah Alternate Representatives: Dr. Mohamed Warsama; Mr. Mohamed Elmi 5. On 27 June 1966, the Special Committee subnitted a special report (A/6356) to the General Assembly and the Security Council on the question of implementation of paragraph 3 of General Assembly resolution 2054 A (XX) of 15 December 1965 which provided for the enlargement of the Special Committee. 6. On 21 October 1966, the Special Committee decided unanimously to submit the present report on developments since 10 August 1965 to the General Assembly and the Security Council. 7. The Special Committee wishes to put on record its sincere gratitude to the Secretary-General and pay tribute to him for his unfailing interest in the work of the Committee and for his warm encouragement and generous support. It recalls with great appreciation his efforts to save the lives of the opponents of apartheid condemned to death in South Africa and to promote relief and assistance to the victims of apartheid. By his deep concern over the racial problem in southern Africa and by his ceaseless efforts to draw the attention of the world to the dangers of racism and to the need for urgent action through the United Nations, he has earned the appreciation of all opponents of racism. 8. The Special Committee wishes to express its appreciation to the Directors- General of the various specialized agencies of the United Nations, and to the Administrative Secretary-General of the Organization of African Unity, for their co-operation in the fulfilment of its mandate. It also notes with appreciation the assistance rendered by many non-governmental organizations and individuals. 9. It also wishes to express its appreciation to Mr. Aleksei E. Nesterenko, Under- Secretary for Political and Security Council Affairs, Mr. M. A. Vellodi, Deputy to the Under-Secretary, and to Mr. Enuga S. Reddy, Chief of the Unit for African Questions and Secretary of the Special Committee until December 1965, for their assistance and co-operation. 10. Finally, it wishes to express its appreciation to Mr. Irshad H. Baqai, the Principal Secretary, and to the other members of the Secretariat assigned to the Committee for discharging their duties with remarkable efficiency and devotion. II. Review of the work of the Special Committee A. REPORTS OF 17 JUNE AND 16 AUGUST 1965 BY ThE SPECIAL COMMITTEE (A/5932 AND A/5957) 11. The special report of 17 June (A/5932) which the Special Committee submitted to the General Assembly and the Security Council referred in particular to the increased military and police build-up in the Republic of South Africa, with the co-operation of certain other Powers; and the increase in investments by foreign-owned corporations in the Republic of South Africa. 12. The Special Committee deplored the fact that since General Assembly resolution 1761 (XVII) of 6 November 1962, and even during the deliberations of the Expert Committee of the Security Council, the major trading partners of the Republic of South Africa had greatly increased their trade with South Africa and investments in South Africa had continued, directly or indirectly, to facilitate the build-up of the military and police forces in South Africa, A large part of the recent investment had been designed to assist South Africa to develop its military power, to promote self-sufficiency, to overcome the effect of economic measures taken at great sacrifice by many countries and to resist international economic sanctions. 13. The Special Committee recommended that, as a first step to follow upon its resolutions, the Security Council should call upon all States urgently to take certain measures, under Chapter VII of the Charter, to stop encouragement to the South African Government to pursue its present racial policies. It expressed the hope that members of the Security Council, particularly the permanent members, would assume their responsibilities and obligations under the Charter and take the action which was required by the Charter and which was essential to preserve the authority of the United Nations and to forestall a dangerous conflict. 14. In the annual report of 16 August 1965 (A/ 5957), the Special Committee stressed that urgent and

Agenda item 34 9 decisive action was imperative, and that further delays or ineffective resolutions were likely to embolden the South African Government to persist in and intensify its policies of racial discrimination and repression. Delays or ineffective action would also add to the disillusionment of the South African people with the United Nations. 15. In this connexion, the Special Committee recalled that the failure of competent United Nations organs to take appropriate measures over the years, particularly since the Sharpeville massacre and Security Council resolution 134 (1960) of 1 April 1960. had led to continuous and rapid aggravation of the situation in South Africa. The developments of the past year showed that the South African Government had been emboldened to continue on its disastrous course by: (a) the failure of the General Assembly during the first part of the nineteenth session to consider the situation in South Africa. and the feeling that the United Nations had become weaker: (b) international developments which gave the impression that attention was diverted from the situation in South Africa and that the great Powers were unlikely to agree on concerted action to resolve the situation in South Africa; and (c) the impression in South Africa that the report of the Expert Committee of the Security Council,5 reflected little likelihood of effective economic sanctions in the near future because of the continued opposition of certain great Powers and major trading partners. 16. The Special Committee. therefore. considered that action under Chapter VII of the Charter. with the full co-operation of all the permanent members of the Security Council and the major trading partners of South Africa, was indispensable to reverse the tragic course of events and move towards a solution. I. Economic sanctions and related measures [Paragraphs 17 to 21 inclusive reproduced paragraphs 153 to 156 inclusiz'c and paragraph 158 of A/5957 (see Official Records of the General Assembly. Twentieth Session. Annexes. agenda item 36, docufnent .q/3957).] 2. Relief and assistance to victims of racial discrimination and repression 22. The Special Committee recalled resolution 1978 B (XVIII) of 16 December 1963, adopted on the recommendation of the Special Committee, by which the General Assembly took note of the serious hardships faced by the families of persons persecuted by the South African Government for their opposition to the policies of apartheid: considered that humanitarian relief and other assistance to them by the international community was consonant with the purposes and principles of the United Nations; and invited Member States and organizations to contribute generously to such relief and assistance. The Special Committee felt that the Member States which had made contributions in response to this resr tlution and the subsequent appeal by the Special Committee deserved commendation. In View of the growing repression against the opponents of the policies of apartheid in South Africa, it suggested that a further appeal should be made for larger contributions from all States. organizations and individuals. 5 Official Records of the Security Council, Twenticth Y-ear. Special Supplement Vo. 2. 23. The Special Committee felt that, without prejudice to direct contributions to organizations engaged in providing legal aid and relief. considerations :->uld given to the cta': lishment of a United Nations Trust Fund to receive voiunary c,,n-,ri',utions, in cash and in kind, from States. organizations and indiv ci:ls for the purpose of supplementing the efforts of v - >wtary organizations. Such a fund. adninistered 1,v an a-pro, priate group of trustees or a hoard, should te available to make grants to voluntary organizations, Governments of host countries of refugees. or other bolie;. in case of special needs or emergencies. 24. The Special Committee suggested -hnt the contributions should be utilized for providing a i legal assistance to persons charged under discriminatory and repressive legislation (described in reports of the Special Committee); (b) relief for dependants of persons persecuted by the South African Government for acts arising from opposition to the policies of aparrhei,-': c j grants for education of prisoners. their children and other dependants; (d) relief for refugees from'i South Africa, and (e) appropriate assistance to all those South Africans who have been deprived of equal iaci*;ties in education, health and other fields because of thpolicies of apartheid. 25. The Special Committee suggested that the groui, of trustees or the board be authorized not only to make disbursements from the trust fund in pursuance of the purposes indicated above, but also take steps to premote direct contributions to voluntary organizations, a, well as to the United Nations Trust Fund, and to maintain liaison with the voluntary organizations and oromote co-operation and co-ordination in their activities. 26. The Special Committee commended the United Nations Programme for the Education and Training Abroad of South Africans, established by the SecurityCouncil in pursuance of Security Council'resolution 191 (1964) of IS June 1964. as an exrressirn of international concern over racial discrimi ,tin. and reir-s'o-' in the Republic of South Africa and a d r to,;sis in the promotion of equal opportunities fo- Sout.h Afrcans irrespective of race. It hoped that the programme would receive generous siplort from M'.e'er 5tates. 27. While attaching great imT ,rtance to 'he above programmes of a humanitarian chracter. tl-e S>ecim! Committee wished to emphasize that they -!,oud sutplement and not be su'-situted f,'r effective rct . on t, rec~lve the situation in the Repu-.lic ,- S, hAfrca. 3. Dissemination of inf rajji *n 2. The Special Committee attached great i:mportunce to the widest dissemination ,f inf,,rmatin on zz'Ue dangers of apartheid to keep world .opir.in in,-rrned and thereby encourage it to support United Nation efforts to resc:ve the situation in South \fric. It recommended that the various measures suggested Iy the Committee on this matter be endosed by the Ieneral Assemi ',v the Security Council. and that adequate a... "eci&r! visions be made in the budget for their irmi.omventation. 29. The Special Committee ne-d ',t reat . ciation the readiness of the Governrnen: of Brazi; invite the United Nations to or- ar.i;e :n in:ern 'tin-.[ seminar on apartheid in Brazil in lT6. Considering that the holding of such a seminar vould be ar, ,pri:e and highly desirable, it reconmen led that the invit- tirn be accepted and tha.t the nec.p-ssrv fun :! be -..,.ihorized and provided.

10 General Assembly-Twenty-first Session-Annexes 4. Promoting consultations among South -lfricanis 30. The Special Committee recalled the suggestions in its report of 30 November 1964 that the United Nations should promote consultations and discussions among all available South African organizations, particularly those subscribing to the purposes and principles of the United Nations Charter. regarding the future of the country; and that the United Nations should seek the assistance and advice of international organizations concerned with race relations in pronioting such consultations and discussions. 5. Investigation of the treatment of prisoners 31. The Special Committee reiterated its recommendation for an impartial international investigation into the charges of ill-treatment and torture of opponents of the policies of apartheid in police custody and in prisons in South Africa, 6. Promoting action by inter-goscrnmental and non-governmenital organizations 32. The Special Committee considered that the full co-operation of the specialized agencies, as well as regional and other inter-governmental organizations, in assuring implementation of economic sanctions under the aupices of the United Nations, was of crucial importance. It felt that the specialized agencies. as well as regional and other inter-governmental organizations, should be encouraged to consider positive and active measures to counteract the policies of apartheid of the Government of the Republic of South Africa. to render humanitarian assistance to those persecuted by the South African Government for their opposition to the policies of apartheid and to help disseminate information on the dangers of the policies of apartheid and the United Nations efforts to resolve the situation in South Africa. 33. Considering that the problem of apartheid in South Africa was of the widest international concern and that world public opinion should exert all its influence to support and supplement the efforts of the United Nations, the Special Committee considered it most essential that the United Nations actively encourage and assist non-governmental organizations to develop their activities against apartheid. 7. Budgetary and other support for the efforts of the Special Committee 34. The Special Committeee considered it imperative that adequate provision be made in the budget for staff, consultants, travel, etc., in order to enable the SecretaryGeneral to provide adequate assistance to the Committee. 8. Membership of the Special Coimmittee 35. Finally, the Special Committee recalled its reconimendation of 30 November 1964 that its memh-ership he enlarged to ensure a wider geographical distrihution. B. ACTION TAKEN BY THE GENERAL ASSi'MIRLY AT ITS TWENTIETH SESSION 36. The General Assembly at its twentieth session considered the Special Committee's reports of 17 june and 16 August 1965 (A/5932 and A/5957) and tle reports submitted by the Secretary-General (A/5,50 and Add. 1 and A/6025 and Add. 1) in pursuance of General Assembly resolution 1978 B (XVIII). 37. On 15 December 1965, it adopted resolution 2054 (XX), entitled "The Policies of Apartheid of the Government of the Republic of South Africa". 38. Reference may be made to certain other resolutions, relating to the question of apartheid under other agenda items. 39. On 16 December 1965. the General Assembly adopted resolution 2060 (XX) by which it "requested the Secretary-General to organize in 1966, in consultation with the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa and the Commission on Human Rights, an international seminar on apartheid...". 40. In its resolution 2105 (XX) of 20 December 1965, on the question of the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, the General Assembly stated that "the continuation of colonial rule and the practice of apartheid as well as all forms of racial discrimination threaten international peace and security and constitute a crime against humanity". 41. On 21 December 1965, the General Assembly adopted the International Convention on the Elimination of All Forms of Racial Discrimination (resolution 2106 (XX)) which, inter alia, stated that the States Parties to that Convention were alarmed "by manifestations of racial discrimination still in evidence in some areas of the world and by Governmental policies based on racial superiority or hatred, such as policies of apartheid, segregation or separation", and "particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction". 42. On 21 December 1965 the General Assembly also decided to take no action on the credentials submitted on behalf of the representatives of South Africa (resolution 2113 (XX)). C. POSTPONEMENT OF CONSIDERATION BY THE SECURITY COUNCIL 43. It may be recalled that on 2 August 1965, representatives of thirty-two African States requested' the President of the Security Council to convene a meeting of the Council in order to resume consideration of the situation resulting from the policies of apartheid of the Republic of South Africa. in the light of the report; of the Expert Committee of the Security Council- and the Special Committee (A/5932). 44. On 22 November 1965, however, the Foreign Ministers of Liberia. Madagascar. Sierra Leone and Tunisia, who had been authorized by the Organization of African Unity to represent all African States on this question before the Security Council requested8 the President of the Council to defer the consideration of the question to a later date in view of the serious situation then prevailing in Southern Rhodesia and the imiplications it would have on the question of apartheid. 45. The Security Council has not considered the question of apartheid during the period under review. 6 Official Records of the Security Contcil, Twentieth Ycar. Supplement for July, August and September 1965, docunitt S/6584. 7 Ibid., Special Supplement No. 2. 8 Ibid., Supplement for October, November and Decembif 1965, document S/6964.

Agenda ii D. ACTION BY OTHER ORGANS OF THE UNITED NATIONS 46. Reference may be made here to the consideration of the question of apartheid during the year by other organs of the United Nations. 47. The Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, which is concerned with the question of S uth West Africa and the colonial problems in Southern Africa. has, as in the previous year, adopted a number of decisions and recommendations relating to the policies of apartheid of the Government of the Renni.lic o South Africa. 48. During the past year. the Economic and Social Council and the Commission on Human Rights have been increasingly concerned with the question of apartheid and have adopted a number of decisions and recommendations relating to this question. 49. On 4 March 1966, the Economic and Social Council adopted resolution 1102 (XL), by which it. inter a/ia, invited the Commission on Human Rights. to consider as a matter of importance and urgency the question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid in all countries, with particular reference to colonial and other dependent countries and territories, and to sul-mit its recommendations on measures to stop those violations. 50. At its twenty-second session (-arc1-.-\ri1 1966). the Commission on Human Rights adopted resolution 2 (XXII) on 25 March 1966, wherehy it. inter alia, requested the Economic and Soca' C,:,uncil to recommend to the General Assembly to urge u'on all States which had not done so to comply with the relevant General Assembly and Securitv Counci' reqolutions recommending the application of economic and diplomatic sanctions against the Republic of South Africa, and to appeal to public opinion and, in particular, to juridical associations to render assi]4an-e to the victims of the policies of racial discrimin:tion. segregation and apartheid. 51. On 1 April 1966. the Commission adopted resolution 5 (XXII) by which it, inter alia, condemned racial discrimination in all its forms wherever it existed and appealed to Member States to take urgent and effective measures for its complete elimination: and requested the Secretary-General to take steps to ensure that the report of the Seminar on Apartheid was made available to the General Assen;lv when it considered. ,t its twenty-first session, questions relating to apartheid and measures to implement the United Nti,, .- Dec]ration on the Elimination of All Fn.rm of Rxci ' D,. crimination. 52. At its forty-sixth session in July and -\iiiugut 1966, the Economic and Social Council. by reslutior 1146 (XLI) of 2 August 1966. recommended that the General Assembly,. inter alia, condTemn, wherever they existed, all policies and practices of apartheid. racial discrimination and segregation: recommend to .Mermhior States to initiate, where appropriate, progrmnmes of action to eliminate racial discrimination and aartih,'id. including, in particular, the promotion of equal opportunities for educational and vocational trainin. and guarantees for the enjoyment, without distinction on the ground of race, colour, or ethnic ,'ri'n. of basic human rights such as the rg'it- to vote, to equality in the administration of Ju-tict, to equal economic opportunities and to equal access to So:a% services. The Council requested t'.e . to take the necessarv steps to ensure th-.t he rep,-t of the Seminar on Apartheil was placed at the dp -o z' of the General Assen.' .lv when it examined, at its tventy-first session, qu sz , s relat ng to _partheid and measures for the eli.,iniatr011 of all .' - of r- C: crimination, and th.at the rep ort was made availab!to the Council at its :Crev-third se-S .3. By resolutirn 1164 (XLI) of Au-ust 1966. the Council. intc, ahmi. recommended tl ... .h ec Asseni',lv express its deep concern with the na,.v evidence ci persistent rra-tic-- of racial di :- minator. and apartheid in the Republic of Sour!, Airic. Sout'i. West Africa and other terri,-ie . 1-ch 'rac-:,C-P -tIut'ng. according to Assern lV rez ..ut :-.- 2022 XX 1 and 2674 (XX . crimes against nim-anit:.. T'- Asembly was invited to irge all 5:-:t which ha2I n:, vet done so to comply ;v, its rx: an_ re -,n recommending the aplic-:-ion of econon.I, and diomatic measures aast tile Rena,-' .ic o SOUt1,h A':i.a. ,is well ,s with the ;ecuritv C,-,nci' -e-olutions concerning an arms en;,argo aai-nst that c - un:rv. The Assembly was further ;nv:ed to -make an . o -u' lic opinion and in r.iula' t.-, iuridcal and o-tht appro,?rinte orzan:z-t'nn eeryata. . to v:ctin of - olati,'-s of humnan rizT- . in p-.ri -' . c. ;ni r: t pc-licies of racial dis.r-'- r'.lon ;e -aat:r,- and apartheid. F. PROGRA-M_[7. OF WORK OF THE SPECIAL CO:.IM,:TTEE 54. The Special Committee met on 9 'March 1966 to consider its prc,ra..me of work in the lizh: of the General AssemYy resolution and deveonmen:; in S-tir Africa. As the appointmert of six alditional members in accordance w-!, razra-3 o; G~r'ra' A-senmb'v resolution 2054 A (XX " h! not been etec-ed, the Special Committee deferrr, disct sson of this item as an enlargement of the Comr-ttee v'v'd -rn important 1e rit gon tl1e work of e Com:- ite. F. INVITATION TO THE ORGANIZATION OF AFRICAN U- NITY 5. \t its 69th meeting on 9 March 1-66. the Special Committee noted that. by its resolution 2011 (XX, of 11 October 1955, the General Assemblv had invited the Administri-.ive Secretary-General of the Organization of African Unity (OAU) to attend sessions of the General Assemblv as an observer and expressed a desire to promote co-operation between the United Xations and the OAU. On 16 December, the Secretary-General had reported' that the Administrative Secretary- General of the OAU had expressed a desire for reciprocal participation in al appropriate bodies. 56. In view of the General Assembly resolution. and taking into account the fact that apartheid was a question of the greatest interest to both orzanizations, the Special Committee decided to invite the reresentative of the OAU to attend the meetings of the Soecia! Committee a- an observer. oe 57, The representative of the OAU thanked the Committee for its invitatinn and declared that the OAU had come to the same conclusion as the Special Committee that the situation in South Africa consti901,-ial PRW,'s ,f ' " n'a. .-'.s " Tuv.rtieth csion, ./it'.r's. agenda item ,n, , d rc,u ent A 617-1.

12 General Assembly-Twenty-first Session-Annexes tuted a threat to international peace and security and that the problem of apartheid could be resolved only by applying the measures provided in Chapter VII of the Charter and that universal economic sanctions were the sole means to a peaceful solution. He pledged the OAU's close co-operation with the Special Committee in the search for ways to apply the decisive measures that were called for. G. CONSULTATION ., THF. SEMINAR ON APARTHEID 58. As noted earlier, following a recommendation by the Special Committee in its report of 16 August 1' 65 ( \ '5057), the General Assemibly. in resolution 2060 XX), requested the Secretary-General to organize in 1966, in consultation with the Special Committee and the Commission on Human Rights, an international seminar on apartheid. 59. During the discussion at the 70th meeting of the Special Committee on 17 March 1966, members emphasized that in formulating the agenda of the seminar, provision should be made not only for a comprehensive examination of apartheid and its effects, particularly on international peace and security, but also for a thorough discussion of concrete measures for the elimination of apartheid and the achievement of a society free from racial discrimination. They felt that invitations should be sent not only to Governments which had supported the decisive measures recommended by the Special Committee, but also to the major trading partners of South Africa which had so far opposed such measures. They emphasized the need to invite representatives of organizations and individuals engaged in the struggle against apartheid. They felt that specialized agencies and appropriate non-governmental organizations should also be invited to send representatives to the seminar. 60. The Chairman of the Special Committee was authorized, in the light of the discussion in the Committee and with the assistance of a sub-committee (consisting of the representatives of Algeria, Costa Rica and Malaysia) to consult with the Chairman of the Commission on Human Rights and the Permanent Representative of Brazil. Proposals which were formulate]l during these consultations (A/AC.115/L.167) were discussed by the Committee at the 71st meeting on 7 April and the record of the discussions were sent to the Secretary- General so that he might take note of the views expressed by members of the Committee. H. MESSAGE TO THE INTERNATIONAL CONFERENCE ON SOUTH WEST AFRICA 61. The Special Committee received an invitation to attend an international conference on South West Africa, held at Oxford. United Kingdom, from 23 to 27 March 1966. The Conference was convened by the same sponsoring committee that had organized the International Conference on Economic Sanctions against South Africa in April 1964 to which the Special Committee had sent a delegation to attend as observers. Several Chiefs of State and Government were patrons of the Conference and the list of sponsors included a number of prominent persons from various countries.'0 62. At the 70th meeting on 17 March 1966, the Special Committee decided to accept the invitation in principle. As it was found not possible to send a dele10 For a report on the Conference. see A/AC.IO9L.290. gation, however, the Chairman of the Special Committee sent a message to the Conference in which he stated : "In the two decades during which the United Nations has considered the situation in South West Africa, the General Assembly alone has adopted no less than seventy-three resolutions expressing the concern of Member States for the fulfilment of the purposes and principles of the United Nations. Neither these resolutions nor the three advisory opinions of the International Court of Justice have succeeded in persuading the Pretoria regime to abide by its obligations toward the people of South West Africa and the international community. "The South African regime has been emboldened to violate its obligations and defy the United Nations mainly because its trading partners and friends, in. cluding some of the great Powers, have been unwilling to join in effective measures to force compliance by that regime with its obligations. It has been encouraged by the willingness of some Powers to compromise the fundamental principles of selfdetermination of peoples, as reflected for instance in the suggestion by the 'Good Offices Committee' in 1958 that the possibility of annexation of part of South West Africa by the South African regime should be investigated. It has continued with its criminal policy in the hope that the decisions of the United Nations will remain toothless so long as certain Powers are unwilling to match their deeds with their words and the requirements for a solution. "'The contentious proceedings instituted by the Governments of Ethiopia and Liberia before the International Court of Justice were designed to end the hesitations of these Powers and to confront them with a clear-cut choice. "Whatever the exact terms of the judgement, these Powers will soon be faced with the choice-whether they are prepared to take all peaceful measures, and make the necessary sacrifices, to fulfil the international obligation to the people of South West Africa or whether they will prefer the profitable intercourse with the racist r~gime in South Africa. The world cannot accept any more excuses for inaction: it will demand that all States take the requisite measures to fulfil the responsibilities of the international community. "The people of South lVest Africa are entitled to expect from the international community decisive measures to ensure the fulfilment of the sacred trust of the Mandate and all assistance to enable them to achieve the rights recognized in the United Nations Charter, the Universal Declaration of Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples. "The United Nations Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa. of which I have the honour to be the Chairman, has repeatedly drawn attention to the grave dangers of racism in'South Africa and recommended adequate measures to resolve the situation. It has called for universal economic sanctions against the South African rfgime as the only effective peaceful means for this purpose. I may recall that the International Conference on Economic Sanctions against South Africa. held in London in April 1964, made concrete recommendations in this respect.

Agenda item 34 13 "The Special Committee has emphasized that racism in South Africa is not a local aberration but a serious threat to international peace and security. The imposition of the inhuman policy of apartheid on the South West African people, the collusion of the South African regime with the racist authorities in neighbouring African territories and its plans for preparation of racism in the whole of Southern Africa show clearly the imperative need to destroy the bulwark of racism in South Africa without further delay and to promote a non-racial society based on the dignity of man. "The support of public opinion all over the world is essential to resolve, as peacefully as possible, this grave situation which threatens peace in Africa and the world, and which carries the seeds of a disastrous racial conflict." 1. STATU,1ENT BY THE CHAIRMAN ON THE CONVICTION OF MR. ABRAM FISCHER, Q.C. 63. On 6 Mav 1966. the Chairman of the Special Committee issued the following press statement on the conviction on 4 May 1966 of Mr. Abram Fischer, Q.C., leader of the defence team in the Rivonia trial and an outstanding opponent of apartheid :11 "The main 'crime' of Mr. Fischer, in the eves of the South African authorities, is his constant and brave fight against that racist r~gime's policies of apartheid. They have not forgiven him for his able defence of the accused in the five-year-long treason trial of 1956-1961 in which all 156 accused were acquitted. He was also the leader of the defence in the Rivonia trial of Nelson Mandela, Walter Sisulu and others. Persecution by the South African authorities is not new to Mr. Fischer for. as he said in the Johannesburg Magistrate's Court on 24 September 1964: "'I have been harassed by the Special Branch for the past fourteen or fifteen years.... They have been watching my house, tapping my telephone, my house and office have been raided on a number of occasions.... '12 "All this was done because he had dared to oppose the inhuman and the cruellest of cruel policies of an authoritarian r~gime. In this he is not alone. As Mr. Fischer himself said. at the time when he went into hiding, the 2.500 political prisoners being held in South Africa were not criminals but the staunchest opponents of apartheid. At that time he also pointed out that in South Africa discriminatory laws had multiplied each year. that bitterness and hatred of the Government was growing daily, that organizations were outlawed and their leaders banned from speaking or meeting, that the people were hounded by laws requiring them to carry passes, and that torture by solitary confinement and worse had been legalized by an elected parliament. Mr. Fischer wanted this intolerable system changed. "There are hundreds of persons now in South Africa gaoled because of their opposition to this system. They are still in gaol in spite of repeated General Assembly and Security Council resolutions askinz the South African Government to grant unconditional release to all political prisoners and to 1lMr. Fischer was sentenced to life imprisonment on 9 May 1966. 12 The Star. daily, Johannesburg, 24 September 1964. all persons imprisoned, interned or subjected to other restrictions for having opposed the policy of apartheid. "There are already world-wide repercussions of Mr. Fischer's trial and conviction. The various antiapartheid movements in the world have made public protests against it. However, the South African Government cannot feel secure as long as there are fighters and opponents of apartheid. Yet the fight against apartheid is gaining strength every day. The United Nations General Assembly in its resolution 2054 (XX) of 20 December 1965 firmly supported 'all those who are opposing the policies of apartheid and particularly those who are combating such policies in South Africa'. "Any sentence passed against Mr. Abram Fischer will be considered by all freedom-loving people as a crime against justice and human brotherhood. As I have said earlier, Mr. Abram Fischer is not alone in his courageous fight: he has with him the conscience of mankind and the sympathy of the United Nations." j.REPORTOF29iNE 1966 BY THE SPECIAL COM MITTEE (A./6356 64. As indicated earlier, the General Assembly, by paragraph 3 of its resolution 2054 A (XX) of 15 December 1965, decided to enlarge the Special Committee by the addition of six members, to be appointed by the President of the Assembly on the basis of the following criteria: (a) Primary responsibiiity with regard to world trade; (b) Primary responsibility under the Charter for the maintenance of international peace and security; (c) Equitable geographical distribution. 65. On 4 April 1966, the Secretary-General transmitted to the Chairman of the Special Committee a letter from the President of the twentieth session of the General Assembly in which he stated that his consultations with Member States with regard to their availability to serve on the Special Committee had not produced the expected indications in order to select the six additional members of the Committee in keeping with the very precise requirements set forth in the resolution of the General Assembly. He also did n:t think that the General Assembly 'resolution had left any room for a selection based on criteria of a different nature, not exactly coinciding with those indicated in paragraph 3 of the above resolution. He added: "Bearing in mind the preceding facts and considerations, it appears very tilikel- that any further probing would modify the above-mentioned situation. Under these circumstances I believe that there is no other choice left but to have this matter re-examined by the General Assembly at it'. next session." (A/AC.l-15/C168.) 66, At its 72nd meeting on 14 April the Special Committee authorized its Chairman to convey to the President of the twentieth session nf the General Assembly, through the Secretary-General. its grave concern over the non- implementation of the decision of the General Assembly and authorized him further to request that the Member States concerned should be approached formally by the President of the Assembly and that the Committee be informed of the results of that formal approach.

14 General Assemby]%_Twenty-first Session-Annexes 67, On 15 June 1966. the Secretary-General transmitted to the Chairman of the Special Committee a second letter from the President of the twentieth session of the General Assembly (A/AC.115/C.168/ Add.i/Rev.1). In that letter the President of the General Assembly stated that he had made formal approaches as requested by the Special Committee and that he was still unable to designate the six additional members in accordance with the requirements of General Assembly resolution 2034 A (XX), as fourteen of the nineteen Member States approached had by then indicated their unwillingness to be designated as members of the Committee, and two had not replied. One Member State indicated willingness to serve in the Committee, and two had indicated that such an appointment could be acceptable provided that some other assumptions, which had not materialized, were fulfilled.13 68. The Special Committee considered the situation at its 73rd meeting on 20 June 1966 and decided to submit a special report to the General Assembly and the Security Council in order to enable all Member States to give due consideration to the matter and to facilitate appropriate discussions by the General Assembly. 69. In its special report adopted unanimously on 29 June 1966 (A/6356). the Special Committee dealt with the situation created by the responses of the Member States which had stated their unwillingness to be represented in the Special Committee. It commended the Union of Soviet Socialist Republics for its positive response to the request by the President of the twentieth session of the General Assembly which reflected its willingness to co-operate in effective measures to end the policies of apartheid. It considered that the refusal to participate in the Committee, particularly of the major trading partners of South Africa, including three permanent members of the Security Council-France, the United Kingdom and the United States-which bear a special responsibility on questions pertaining to the maintenance of international peace and security, constituted a most disturbing precedent and had grave implications. Such refusal, furthermore, would seriously undermine the authority and prestige of the United Nations as an international forum for harmonizing the attitudes of Member States and for resolving international conflicts by peaceful means. This refusal also represented, on the part of the Powers concerned, an unwillingness to join not only in effective action to remove the threat to international peace and security, but even in earnest discussion to harmonize any differences in attitudes concerning appropriate measures, and a most serious situation was therefore created which must require the urgent attention of the General Assemblv. 70. The Special Committee considered it essential to state its view that if that attitude reflected a hostility by the Powers concerned to effective peaceful measures provided in Chapter VII of the Charter to resolve the situation, they bore a tremendous responsibility for the alternative of a violent conflict which could not but have the gravest repercussions on international peace and on the course of history. It therefore once again appealed to those Powers to reconsider their attitudes and facilitate effective peaceful action under the auspices of the United Nations. It expressed 13 Subsequently. another Mcmner State conveyed it. inability to participate in the Committee. the hope that other Member States and world public opinion would persuade those Powers to take such a course. 71. The Special Committee further considered it essential to state that, if the major trading partners of the Republic of South Africa, in particular the great Powers among them, persisted in their unwillingness to take effective economic measures to help resolve the situation in that country, it feared that Member States might be obliged to reassess their approaches to the solution of the problem and seriously consider other appropriate and decisive measures, as they could not permit the continued deterioration of the explosive situation in view of its grave international dangers. K. CONSIDERATION OF DEVELOPMENTS SINCE 10 AUGUST 1965 72. After the adoption of the special report of 29 June 1966 (A/6356), the Special Committee resumed consideration of the developments concerning the policies of apartheid of the Government of the Republic of South Africa with a view to the preparation of a report to the General Assembly and the Security Council. 73. The Special Committee was particularly concerned with the effects of these policies on the adjacent territories in southern Africa. It took note of two developments during the period, namely, the judgement of the International Court of Justice with respect to South West Africa14 and the granting of a loan to a South African company. After the conclusion of the Seminar on Apartheid, the Special Committee considered the conclusions and recommendations of the Seminar with a view to taking them into account in the Committee's report to the General Assembly. 74. The consideration of these matters by the Special Committee is indicated here very briefly, as the results of the Committee's considerations are more fully reflected in the following sections of this report. I. Examination of the policies of apartheid of the Government of the Republic of South Africa, with particular reference to adjacent territories in southern Africa 75. The Special Committee gave particular attention to the effect of the apartheid policies of the South African Government on adjacent territories in view of increasing evidence, as foreseen by the Special Committee, of the wider dangers of failure to take decisive action to secure an abandonment of apartheid. 76. Members of the Committee noted that South Africa continued to impose its racist policies on the Mandated Territory of South West Africa in violation of the sacred trust of the international community and its own obligations towards the inhabitants. The situation in that Territory demanded urgent action by the international community. 77. The South African Government had also provided crucial support to the illegal minority racist r~gime of Southern Rhodesia in open violation of the resolutions of the Security Council. It was increasing its collaboration with the Portuguese Government, which was continuing a colonial war in Mozambique and Angola in contempt of the resolutions of the General Assembly and the Security Council. 14 South If'est Africa, Second Phose. Judgment, I.C.J. Reports 1966, p. 6.

Agenda item 34 1! 7S. Moreover, the South African Government had :nterer:e- un :ze !::era:m. :f .rs of Botswana, Lesotho and Swaziland. denied them the right of free transit and sought to control their destinv. The independence and territoria' integrit- of these countries was in great danger because of the desire of the South African regime to :n:egra te them into the apartheid system. 79. Apartheid was no longer merely a domestic policy of South Africa. but threatened the entire region. The Sout. African Government zouaht to retain :he neighbouring territories in subjection in order to saferaard the continuance of racism in South Africa. and had :herebv r zqravated the threat tn the peace beyond it- borderz. The problems created by colonialism and racism in .r:,uhern Aica were inc-eacsing'v intertwined and acti:,n to root out this danger had to be taken with no further delav. 2. Jzd;;",:cnt of ;:c raficnn! Court of fustice wiith rc,.ect to South lFest Africa 80. The Special Committee took note with disapoointment and regret of the Judzement of 18 July )k bv the In-e-national Court of TusticeU' in the contentious pr-ceedings instituted by Ethiopia and Liberia concerning :he violation Lv the South A fican Government of - mandate over South West Africa. 81. Members noted that the Court had, by the cast:rg vote of it President. dismissed the case on a technical point and had avoided dealing with t-e substance of the complaint. 82. They affirmed that the judgement did not in any way affect the earlier advisory opinions of the Court, nor the interest and the resoonsibi'litv that the United Nations had in the future of South \Vet Africa. Indeed. it wa s ,ne to totke vigorous action, in line with :he reso!utionz of the General Assemblv and the recom.endations of the Special Committee, to end the deiance M,- :he South African Government and to secure the fufi!ment of the richt of the people of South West Africa to independence. .3. Stat.-wcnt 'v the CIa:'rn'.n on a loan by the International D7anik to a South African company 83. At the 79-h meeting on 2 Aazust 1966, the Special Committee took note of the announcement on 29 July18 of the approval by the International Bank for Reconstruction and Deve!orrent o" a loan of S20 Hion to the South African El'ectricity Supply Comm:ission (ESCOM,. despite the recommendation of the pec~a' Committee in its rerort of 16 August 1965 th suc assi-tance be &nied to South Africa (see A 595-7. paa. 171 and in violation of the decision of the General Assemb'v. in paragraph 10 of resolution 2054 A (XX), inviting the specialized agencies to take the necessarv- steps to deny technical and economic assistance to the ":.u-h African Government. The Commnte auteorized the Chairman to issue a press statement, on its beha'f, expressing its indignation at the action of the In:ernztiona! Bank. The statement read as folows : "According to a ,res release issued at Headquarters on 29 Julv 196-6, the International Bank for Reconstruction and Development has approved a kan esuiva'en to 520 million to the South African Electrici:y Supp'y Commission (ESCOM . Accord:ng to the Bank's announcement, the loan will be 15 1.- .,4 . .'" 'Ca.%. Press Pesear IB 7%. 29 79 '. 15. guaranteed by the Government of the Republic of South Africa. Since its establishment the International Bank for Recons truction and Development has made eleven loans to South Africa, totai;ng S241.8 million. The irst group of :oans. seven in number, were given directly to the Government of South Africa. The second group of loans were given to the Electricity Supply- Commi-sion w:th South Africa as a guarantor. "It might be recalled here that the Special Committee, in its last annual report of 10 Auzu-t 1965 had recommended that all international agencies, in particu!ar the srec~a'ze d agencies, including the international Bank fr Reconstruction and Development and the International Monetary Fund. should take all necessary steps to deny all ec,,no:nic as,isan,-e to the Government of South Africa without precluding, however, humanitarian assistance to the victims of apartheid. On the basis of that recommendation, the General Asem'v in ,perative pararaph 10 of its resolution 2054 A (XX) invited tue specialized agencies: a To take the necessary steps to deny technical and economic assistance to the Government of South Africa, without, however, interfering with huianitarian assistance to the victims of the policies of apartheid; " '(b) To take active measures, within their fields of c ,inpetence, to compel the Government of South Africa to abandon its racial policies; "'(c To co-operate with the Special Committee in the imp'ementation of its terms of reference.' "'While most of the specialized agencies have extended their co-operation in that respect, it is a matter of great regret that the International Bank had decided to give another loan to South Africa in violation of the appeal contained in the General Assembly resolution 2054 A iXX). Moreover, it seem; that tthe decision of the International Bank was no: taken until the ,iudgement of the International Court f Tus'ice concerning South West Africa had been rendered. This shows once more that the International Bank for Reconstruction and Development is lending its support to a r6gime who se criminal policies of apartheid have been universal!v condemned, by generously rewarding it with a 20 "million !oang "On behalf of the members of the Special Comnittee I wou'd like to express profound indignation at the conno icitv of the Bank with the torturers of the African people." 4. Considr';.oIn Of the conchlsions and recomniendations of thle Seminar on Atartheld S4. Member; of the Special Committee expressed satitaction at the work of the Seminar on apartheid held a: Brasi'ia from 23 August to 4 September (A'6412 . T- S-m':ar had renznr.d The ance of the work of the Special Committee and favoured an expansion ot its role in a more vigorous United Na-ion; -truzze azaint apartheid. The recommendations of the S-rrinar were entirely in conformity with the pa-t recommendations of the Special Committee. " Thev nrted ti-at the Seminar had stressed that the United Nations had a fundamental interest in combatting the doctrine of apartheid and should find,

General Assemnbly Twenty-first Session-Annexes as a matter of urgency, ways and means for its elimination. It had recognized, as the Special Committee did, that the South African Government had challenged the United Nations bv launching an oqensive in the neighbouring territories in southern Africa. It had called for political, moral and material support to those opposing apartheid. 86. The Special Committee decided to take all the conclusions and recommendations of the seminar into account in the preparation of its report to the General Assembly and the Security Council. It requested the Secretary-General to ensure the widest distribution of the recommendations of the Seminar as a matter of urgency. L. 'ORK OF THE SUB-COMMITTEE ON PETITIONS AND THE HEARING OF PETITIONERS 87. The Sub-Committee on Petitions submitted seven reports during the period under review (A/ AC.115/L.149, A/AC.115/L.163, A/AC.115/169, A/ AC.115/173. A/AC.115/174 and Rev. 1, A/AC.115/ L.178 and A/AC.115/L.180). These drew the attention of the Special Committee to communications received from various non-governmental organizations and individuals concerning the policies of apartheid of the Government of the Republic of South Africa. It decided to publish a number of communications as documents of the Committee and draw attention to others in its reports. On the recommendation of the Sub-Committee, the Special Committee heard two petitioners: Miss Mary Benson on 6 July 1966 and Mr. Franz J. T. Lee on 14 September 1966, 1. Communications published as documents of the Special Committee . The following communications were published as documents of the Special Committee: (a) Letter dated 7 July 1965 from Mir. Theodore E. Brown, Director of the American Negro Leadership Conference on Africa (A/AC.115/L.150), transmitting the text of a resolution which had been adopted unanimously at the annual convention of the National Association for the Advancement of Colored People. The resolution condemned the evil and oppressive racist policies of the Republic of South Africa, the continuation of which would lead inevitably to violence and bloodshed and possible escalation into world conflict. It recommended that the United States Government, in accordance with the recommendations by the Special Committee, "take steps to encourage economic and political disengagement from South Africa. and discourage, if not prohibit, further United States investments and loans to South Africa". It also recommended that the United States Government grant political asylum to South African political refugees and put an end to all sporting and cultural exchanges between South Africa and the United States. (b) Letter dated 16 August 1965, from Mr. Mlaindv Msimang, Director of the Bureau of African Affairs of the African National Congress of South Africa, Dar es Salaam (A/AC.115/C.151). The petitioner drew the attention of the Special Committee to the deplorable conditions in South African gaols and called upon the United Nations, the International Red Cross and the Organization of African Unity to appoint a joint commission to investigate the situation. He also called upon the Security Council to enforce the United Nations resolution on the release of all South African political prisoners. (c) Letter dated 20 August 1965, from Mr. Ian Henderson, Executive Officer of the Defence and Aid Fund, London (A/AC.115/L.152), transmitting a list of the names of 614 children of convicted political prisoners in South Africa and the amounts required to provide for their educational needs. Mr. Henderson stated that the list was only partial, as many more cases were being investigated. (d) Letter dated 22 April 1966 from the Reverend Canon L. John Collins, Chairman of the Defence and Aid International Fund for Southern Africa (A/ AC.115/L.172), expressing appreciation for the statement made by the Chairman of the Special Committee on the banning of the South African Defence and Aid Fund and drawing attention to certain facts which substantiate the Chairman's declaration that the reasons adduced by the South African Minister of Justice for the banning of the Fund were slanders. (e) Letter dated 7 June 1966 from Miss Mary Benson, a South African writer (A/AC.115/L.175/ Rev.1), transmitting the text of the statement from the dock made by Mr. Abram Fischer, Q.C. who had been sentenced to life imprisonment. Mr. Fischer stated that he was on trial for his political beliefs and for the conduct to which those beliefs had driven him. He said that if there was an appearance of calm in South Africa today, it was a false appearance induced by fear. The police state did not create real calm or induce any genuine acceptance of a hated policy. All it could achieve was a short-term period of quiet and a longterm hatred culminating in extreme violence and bloodshed. There was a strong and ever growing movement for freedom and f.r basic human rights among the non-White people of South Africa, who constitute four fifths of the population ; it was supported not only bv the whole of Africa but by virtually the whole membership -,f the United Nations. Ho.vever complacent and indifferent white South Africa might be, that movement could never be stopped. In the end it must triumph. The question for the future was not whether the change would come but whether it would be brought about peacefully and what the position of the white man would be in the period immediately following the establishment of democracy-after the years of cruel discrimination, oppression and humiliation which he had imposed on the non-White peoples of South Africa. In conclusion, Mr. Fischer stated that only contact between the races could eliminate suspicion and fear, and breed tolerance and understanding. All the conduct with which he had been charged had been directed towards maintaining contact and understanding between the races. If one day it might help to establish "a bridge across which white leaders and the real leaders of the non-White can meet to settle the destinies of all of us by negotiation and not by force of arms. I shall be able to bear with fortitude any sentence which this court may impose on me." (fI Memorandum dated 6 August 1966 from Ir. Robert H. Langston. Executive Secretary of the Alexander Defense Committee, New York (A:/AC.115/ L.179), concerning certain cases of political persecttion in South Africa and the work of the Committee in aiding the victims of persecution. The Alexander Defense Committee thanked the Special Committee for its work and pledged to aid it in every possible way to make the American public conscious of the apartheid tyranny. Agenda item 34 17 (g) Letter dated 1 September 1966 from Mr. Dennis Brutus, Chairman of the South African Non-Racial Olympic Committee (A/AC.11 5/L.181), describing his personal experience in South African prisons and prison conditions in general in South Africa. Mr. Brutus who had recent:y arrived in the United Kingdom from South Africa. where he had sen-ed a prison sentence and had been placed under house arrest for his opposition to apartheid, added that he had seen in South African gaols bruta'i-y and injustice on a massive scale. often in direct contravention of the regulations which the prison officials the-'.seYves had devised, He also stated that it was a matter of the utmost urgency that the conscience of the w:rd be roused on this issue and that method; be considered to bring that state of affairs to an end. (h) Letter dated 2 Sertember 19. 6 from Mr. Matthew Nkoana. Department of Publicity, PanAfricanist Conzress Su th Africa'. European Branch. London (A AC.,1I L.1S 2. tranz:nui:ng a memorandum on the arrest of Mr. John N-at: Pokela. a leader of the PAC. who had sought asylum in Basutoard (Lesotho) in 1962. Mr. N.oana stated his belief that 'Mr. Pokela had been k- idnapped in Maseru. Basutoland. by the South African Police in col'usion with the Territory's adm-nistrat:on and the Britizh Gv,'-rnment. He added that immediate action b the - ,ecia! Committee in an" inT dilrhatic r and mobilizing international orinion and generally drawina attention to 'Mr. Pc':ela's , 'd be £re- V appreciated by the Pan-Africanist Concressit(i) Letter dated 14 Seat-_ytber 1966 from Mr. Barney Desai. Secretariat of Foreizn Affairs. PanAfricanist Conaress (Azaniai. London (A AC.115/ L.186) transmitzinz affidavits stating that 'Mr. Pokela had been assaulted and abducted fr.om Basutoland by armed South African nolicemen and arce:' nz for immediate action to secure his re'ea-e " 2. Hezring of Ifiss Mar' Bensa. 6 July 1o66 89. Mi:- Benson, a v.riter who had returned from South Africa after sptendinz sixteen months there, told the Special Committee that while ce-tain changes might be achieve.: frm...... Sou h i-a itself, the calamitous situation in that country could n-vs- be radically reformed from within. The trantr-rmrat:on of South Africa into a ccountrv with policies bene-tinz" all its races vw-tho'- ricr naio :uld cer:.-nlv require the intenenion c external forces Since the Africans in the country. although -e:- zreat outnumbered the Whites. were already crn n d b ;evere administrative restrictions and the,- ie-de v.e-e being imprisoned. banished or execu-d "- never they seemed to threaten the stctu quo. : e. '-eretore. called for the arplcatio- of economic sanctions. carefully planned and carried through by al the great Powers. in order to avoid the " r reen- ever :ntensifying ofpre~son and inevitable n of socie-" relaasjngr into race violence nece.s x military intervention. 90. To those sympathetic with the non-White cause in South Africa. who felt impatient and let down fecause there had been seeming.y so !lite action and counter-violence to the violence of the State inside 'rAt its PrOth meeting. on 14 eptent-er I,:. t'e Sote:a, Conitni-tee decAc d to dna; the ate-o- ,he 0e'tee on the Situatnon with read To e Im-,7emr.Iazn C., the Declara*i ,n on -he Grant. l& ..... to C~oi.a Countries and Peo;pes see AiAC (6-L 204). South Africa. she emphasized that there had been no lack of in:yidua, courage a:.:.ig the r gime's opponen:s but that. faced - hh the armed might of an exceptional>1y rich. hig-h23 industrialized and heavily ar-'-. - :.-er ?-L r : e c:zazt "to sacr:nce f:lIowers in possibly reck'esi acts". 91. Miss Bnsr.n de-cibed the ceaseless police hrassment and political trias olf Africans taking place ;n Couh Africa (;ee annex II. para. 139). her own experence under the ho'-e arrest order Er ed on her on 15 Fc'ruarv 106 n,-d drew attention to the p';ht of 5GWC Stu-h'AiCanz v.-h, were banned or pnaced un2r houte arrest tro- onr.-.i: n to ararthid. ... is-Ben Sd t the pic-ure drawn of outh A-:ica as a model of .. - and ' an,- order" was onr a:'r_.artn. he ointed out that last Oc-ober "we had a zhast,'" gin of what seethes below. There was a train cahi .-nd of those montrcu:sR- oxer- pacl:ed trainlt-_ad of African vorker-in whic, in a-l. 91 .irrcans were 1 ed. The enraged survivtrs turned on the first white man they saw. who in fact was coming to thi.r aid, and battered him to death". 93. Viev,-ing South Africa as a microcosm of the world in its races, its p:i:ical beliefs. and i 7.ei, us division into haves and have-er es. she said that if no constructve sol0ution of the dead'- impsse was found soon. it was hard to see how th- world could ioe to survive. 94. She reed to tvo immediate ctnr;ructve cpIPortun--t r to meet the situation: the United Nation; Broormr,, 7r the Education and Training Abroad o u,- A-7±cn-. whichrezre-b- emed to have ven-- Irareg-- e resources. and tL-e o:'n7tunitv to aroVide sL pasib e assistance t-, the Hizh Comumission Territ:rie; a- ti-er advanced to independence. 95. Cc--r-A- the S5eci, Cm'ittee she said that South trican leaders St-ugg -nc ag inst acartheid were ar-e-, tr work n 2trc4 n_ its dntcul c, earne-nv IopeA zi at it would not tire, nor be d'sherpened by -he a ues of the maor trading par'tnr- Of S-u.b Africa ant tht unconcern of the Press. Se aded z-. s C 'u - in N :,'7 Comnittee feel dubiou of the value of the United Natrs; efforts, I hope you w-l' re7.eM -- rvo b .nV. The is t tt. without L w. -ud Ure not have 'ten such has been made: uclz a; the bans. even hr: A-er:Ca and Britain, on arms to 4.ruth Air:a the c0r>-uc-ie moves such as the educati-n fund. for which. ot course. >canc:i--avan eer.e r-eat cro!: anc a-'-. a ze:,ral advance in ;o in rec. .rds -ut e'- ;a v .@ 5: t s ! .: of 105 natonc-n- on South' AfiCa ro release c':litica r:r>-ner Witheout you the 'Asern Povers mizht we!l sn, back. And th- fa l rnt ou produce are y~r:ved t, be valuab'e b; tLe II"'h A.:can Cover~ren:s rapid exp.Nion'ot is cosily :n:orr.t-tn services" 3. Hcr-ing ci .'s- Fr:,: 1. T. Lee. Sc:x,;; yr 14.1o6 96. Mr. Franz T. T. Lee. a 5,uth A'rc writer and 'ec-urr-. s-ted t he c-nidered unwar ranted the v ide!y sread beYi tt -e -h-a- -n rnoe ...nt within S-nuth Africa had been crushed and that it was no ncer realistic to excrect :he cn-riszed peples c South Africa to rise andput an en- o e

18 General Aserbly-Twenty-first Session-Annexes tyranny and oppression of apartheid. This despair in racial conflict. They have proceeded to dispossess the the ability of the South African masses, he stated, had overwhelming majority of the people of South Africa "nurtured the idea that only outside intervention can of its legitimate rights in the country and closed all prevail against that tyranny.". It had been hoped that avenues for peaceful change so that international action economic sanctions or the threat of armed interven- or a violent conflict remained as the only means to tion would compel South Africa to modify its racial secure the fulfilment of the purposes of the Charter. policies. The historical record, however, made all such 101. The Special Committee concluded, in the light hopes appear Utopian. Neither the States which were of its study of the evolution of the situation and the in a position to bring pressure to bear on South Africa. realities in South Africa, that "the situation can only nor the international bodies in which those same States be resolved, short of violent conflict, by international possessed great influence, had the slightest real interest measures designed unmistakably to convince the white in significantly modifying the conditions under which population of South Africa that the international conthe non-Whites of South Africa lived. munity cannot permit the continuation of the present 97. The reason for this state of affairs was not hard policies and that a change of course towards complito determine. At the end of 1962, foreign investment ance with the obligations under the Charter is imperain South Africa amounted to $4.222 billion, 60 per tive and urgent" (ibid., para. 108). It reiterated its cent of it British and 11 per cent American. In the firm conviction that mandatory and universal economic same year. the ratio of average net profit to net worth sanctions under Chapter VII of the United Nations for United States firms operating in South Africa was Charter were the most appropriate and effective peace25 per cent. Ninety-nine per cent of mining capital, 94 ful measures which could be taken under United Naper cent of industrial capital, 88 per cent of finance tions auspices to prevent a conflict which was bound capital, and 75 per cent of commercial capital was con- to have grave international consequences. trolled by foreign investors. To expect the home 102. The Special Committee emphasized that the countries of these investors to impose sanctions on primary responsibility for the failure of the efforts of South Africa was to expect them to impose sanctions the United Nations rested on the major trading part. on themselves. ners of South Africa,is including three of the perma98. Mr. Lee said that in spite of the most intense nent members of the Security Council-France, the persecution, the liberation movement in South Africa United Kingdom and the United States-which, by had grown not only larger but also tougher and more their opposition to timely and decisive action by the resilient. He believed that there was a very real pros- United Nations and by their increasing economic colpect of revolution in South Africa and that the forces laboration with the South African Government, enwhich would bring about that revolution had been couraged the latter to persist in its disastrous course. developing for more than thirty years. He believed 103. The conclusions of the Special Committee were that only through mass actions and the mobolization endorsed by an overwhelming majority of Member of the oppressed peoples around a correct programme States in General Assembly resolution 2054 (XX) of could the monstrous system of apartheid be over- 15 December 1965. In that resolution, the General thrown. Assembly deplored the actions of those States which 99. In this connexion, he referred to a group of through political, economic and military collaboration organizations which had clustered around the Unity with the South African Government, were encouragMovement of South Africa, which had been estab- ing it to persist in its racial policies. It appealed to lished at the initiative of the All-African Convention, XThe South African oflicial statistics on the direction of a permanent federation of organizations in Sout trade for the period January-October 1965 list the following Africa founded in 1935. The All-African Convention trading parners: and the Unity Movement, both of which adhered to a programme demanding full democratic rights and to a policy of absolute non-collaboration with the oppressors and total self-reliance of the oppressed in their struggle, had recognized that the migratory peasantworkers were the key to the coming South African revolution. A political party, the African Democratic Union of Southern Africa, had been formed in 1961 to organize the masses. Il1. New diniensions of the problem of apartheid 100. Reviewing the evolution of the situation in the Republic of South Africa, in its report of 16 August 1965 (A/5957). the Special Committee noted that the constant intensification of racist oppression in that countr:,, during the two decades since the founding of the United Nations, had created an explosive situation which could not but have grave international consequences. Ignoring the numerous appeals by the United Nations and world public opinion to seek a peaceful solution in conformity with the principles of the Charter, the South African authorities have attempted to perpetuate racial domination by force at the threat and, indeed, the inevitability of a violent I ". ortj Exrporti fnto from S t;. South Co,,ntry I A frica Total (In millions of rand). Unitel kingdni 4'8 293 711 United States 239 76 36 Federal Republic of Germany Io, 39 203 Japan S S 60 149 Italy 62 29 91 Belgium 20 46 66 France 41) 24 63 Canada 42 15 57 Netherlands I1 17 48 Sweden .215 6 31 Switzerland 25 6 31 Australia i 7 10 26 1tong Kong 10 8 19 Ceylon 13 1 14 Austria 10 2 12 Spain 3 8 it New Zealand 9 I 11 Denmark 6 2 8 Finland 6 1 7 Brazil 7 0 7 Norway 7 Portugal 3 3 a A rand is equivalent to 10 shillings or $1.40. Figures will not necessarily add to totals because of rounding.

Agenda item 34 19 South Africa's major trad'ng parme-s to cease their increasir.g econ:mc cc-ss': wa:h t½ 5ou;h African Government. as such co .ab.-,ation encouraged that Government to dev -wor'd cpnion and accelerate the inplernentation 0: r.e ,.ies of ap.ted. The Assembr alo drev.- tXe aiten'on of :- C,:un§c;' to the fact that the i ~n t A-rica constitutes a thre::to internar:ona' re.c . - curwv that ,ti,:n under C½:er VII of the Churr-r was esen:ia! in order to sn're the prrb'em cf a..ar-h:d and ta- unirersaf'...r : =«-Iie. econ:,n:ci snct:o¢n_ :'ete the ,on'v.eans of i -ecef 'Yut-. 104. TI!: S-ecia! Commi:tee notes with di.-res. that, during the --.st vear. the i - ternatona. c:runit-vhas f1iled to take - c tive -otin because of the continued .... i....._ o the or trading partrers of South A frica tt s"no-- cuch lctitfn. As a're_':r, tht C:.-n in the Repub c of _.th Africa deteriorated e7ts In:ern.fna e- c. tr:cv'.rh- on the neag½rouring terri:r!-4 -u't '-es- Africa. S.:urhr .u_,_a Et:''a.-_ and .-'- hare as'umed gr-ve- r-or:rc as -th Specia. C=r'nee had te .... . r !c:. The S-eci Com ee e-:s h ra.e ...... 'en-.. -tn4s r .he ra-: rea- ca1 r a reassessrren-: -h 4e 8iut-ti:n and'a z c-,, Cs ;-ion of :e re ns ---- secure an end - a"atoLe å In -der to faci!a: c reaSsesment and d:;cu.;;., the Co.-.:ntmr 55-._z_ to dra'.:" the a tin he Gener' Assemb,- J1 ' '- Ccno;: ro cerr e1Ma. asecu - of the recent deve:r:ents and to -u _r ~Oc~t-r-lrc r.-'-e

20 General Assembly-Twenty-first Session-Annexes not only continued to implement its racial legislation and policies, but has taken further discriminatory steps of an extraordinary nature such as the new bill which prohibits universities from discriminating against any society or individual who practises and preaches discrimination. 116. It has further intensified repression against opponents of apartheid and is wreaking vengeance on them. Indefinite imprisonment without trial, solitary confinement and ill-treatment in prison, arbitrary banishment and house-arrest, trials and harsh sentences under racist laws and mass removals of communities have become normal features in the administration of South Africa. 117. The Government seeks to intimidate the great majority of the people. with the power of the armed white minority and the ruthlessness of repression of opposition, and to decide the destiny of the country by itself according to its own diabolic plans. The millions who are oppressed are denied any possibility to seek change by peaceful means. 118. As Mrs. Helen Joseph, a social worker who has endured much persecution and four years of house arrest for her opposition to apartheid, wrote recently: "Today, all channels of negotiation between white and non-white are closed. The leaders of the African people are imprisoned, outlawed and silenced; the Government is even more determined to suppress all opposition to its apartheid policies. "I can no longer be confident of there being a peaceful solution. I only know that the patience of the non-white people is being strained beyond endurance."20, 119. By its ruthlessness, the Government is fanning racial animosities. risking the growth of a spirit of revenge among the victims of its oppression and greatly aggravating the danger of violent resistance. C. THREAT TO ADJACENT TERRITORIES 120. Moreover, in order to reinforce and defend the racist policy of apartheid, the South African Government has increasingly interfered in neighbouring territories to promote the perpetuation of colonial and racist ni nority governments and to hinder the development of non-racial societies. It has thereby challenged the United Nations and aggravated the explosive situation in southern Africa. 121. The ability of the South African Government to pursue policies of racial discrimination, in defiance of world opinion, has encouraged the minority in Southern Rhodesia to follow its example. Moreover the collaboration of these minority racist forces with Portuguese colonialism, directed against the legitimate struggle of the peoples of the area for independence, equality and human dignity, represents a grave threat to the peace of Africa and to race relations in general. 122. The South African Government has openly defied the decisions of the Security Council designed to quell the rebellion bv the illegal racist minority regime in Southern Rhodesia and provided it with vital assistance. 123. It has steadilY strengthened its links with the Portuguese Government which is engaged in colonial wars in Angola, Mozambique and so-called Portuguese Guinea. 20 Helen Joseph, Tomorrow's Sun, London, 1966. 124. Its policies with respect to Botswana, Lesotho and Swaziland, designed to integrate them into a bantustan framework, have posed a threat to the independence, territorial integrity and sovereignty of these territories and caused grave concern to the United Nations (see General Assembly resolution 2143 (XXI)). 125. It has sought to promote the development of a string of friendly and dependent States in Africa, tied to it in a "common market", in order to facilitate the perpetuation of racism in South Africa and frustrate the fulfilment of the purposes of the United Nations Charter in the region. 126. It continues to implement the policies of apartheid in the Mandated Territory of South West Africa where it seeks by force to deprive the indigenous inhabitants of half the territory of their homeland, to relocate them into tribal reserves and to deny them the right to genuine independence. The report of the Odendaal Commission, which the Special Committee analysed in 1964,21 was essentially a plan for these purposes, combined with certain economic projects designed to confuse public opinion. The Government took steps to implement this plan despite condemnation by United Nations organs and its utter incompatibility with South Africa's obligations under the Mandate Agreement. 127. After the decision of the International Court of Justice in July 1966,22 avoiding a judgement on the substantive issues in the contentious proceedings instituted by Ethiopia and Liberia concerning the administration of the Mandated Territory, the South African Government has proceeded to implement its apartheid plan more vigorously. 128. The reign of racism in the Republic of South Africa, reinforced by a military power which has been tremendously strengthened since 1960. constitutes now the core of the threat to peace and progress in southern Africa. The failure of the international community to solve the problem of apartheid. because of the obstruction of the main trading partners of South Africa, including the United Kingdom. the United States and France, has thus resulted in a widening and aggravation of the challenge and threat to the United Nations. 129. The Special Committee, therefore, considers it imperative that decisive action should be taken without delay to secure an end to apartheid, which threatens the peace in southern Africa and thus to meet the wider dangers of that situation. IV. Conel-sions and reci-'nme-da'ions of the Special 4to,"mittee 130. The Special Committee, which has always stressed the vital interest of the United Nations in securing an end to apartheid, endorses fully the unanimous conclusion of the Seminar on Apartheid held in Brasilia in 1966 that "The United Nations has a fundamental interest in combating the doctrine of apartheid and should find. as a matter of urgency, ways and means for its elimination" (see A/6412, para. 138). It recommends that an "International Campaign against Apartheid" be inaugurated under the United Nations auspices as a demonstration of its determina21 See Off cial Records of the General Assembly. Nineteenth Session. Annexes, Annex No. 12, document A/5692, annex I, pa-as. 68-82. 22,o, h West 'frica, Second Phase. rudqment. I.CJ. RePorts 1966, p. 6.

Agenda item 34 21 tion to take all measures adequate to secure the eradication of apartheid. 131. Before proceeding to a consideration of concrete measures which might appropriately be taken by the United Nations, the Special Committee wishes to restate the purposes of the United Nations, as these have been distorted in the virulent propaganda of the South African Government and its friends. 132. The "mass violation of human rights and fundamental freedoms" in South Africa, to use the words of the Secretary-General, has been a matter of vital concern to the United Nations as it contravenes the pledge of Member States in the Charter to promote human rights and fundamental freedoms, and as the ruling group in South Africa continues to intensify such violations, as its policies and actions have inevitably led to international friction and conflicts with other States which feel a sense of solidarity with the oppressed majority in South Africa and to the aggravation of the explosive situation in southern Africa. The perpetuation of racism in South Africa. with its wider repercussions, undermines all efforts to promote international co-operation in accordance with the purposes and principles of the United Nations Charter. 133. But, above all, the racial policies in South Africa, leaving no choice to the oppressed majority except acceptance of subjection, which is inconceivable and violent resistance, threaten a racial conflict. Such a conflict cannot but have the gravest international repercussions as other States which feel a sense of solidarity with the oppressed people cannot remain indifferent. A violent conflict, moreover, will have world-wide repercussions which may threaten the survival of the United Nations. 134. Moreover. as the Special Committee has emphasized, the policies of the present Government in the Republic of South Africa are suicidal for even the white community it seeks to represent and serve. As .Mr. Abram Fischer, Q.C.. a distinguished Afrikaaner, said recently in defence of his opposition to apartheid: "There is a strong and ever-growing movement for freedom and for basic human rights amongst the non-white people of the country- i.e., amongst fourfifths of the population. This movement is supported not only by the whole of Africa but by virtually the whole membership of the United NZations as well-both West and East. However complacent and indifferent white South Africa may be, this movement can never be stopped. In the end it must triumph. Above all, those of us who are Afrikaans and who have experienced our own successful struggle for full equality should know this. The sole questions for the future of all of us therefore are not whether the change will come but only (i) whether the change can be brought about peacefully and without bloodshed: and (ii) what the position of the white man is going to be in the period immediately following on the establishment of democracvafter the years of cruel discrimination and oppression and humiliation which he has imposed on the non- white rpop!es of this country." (A.'AC.115/ L. 175 /Rev. 1. ) 135. The United Nations has repeatedly made it clear that a solution of the situation in South Africa should be sought through consultations among representatives of all elements of the population in South Africa, based on the recognition of human rights and fundamental freedoms of all the people of South Africa regardless of race, colour or creed. The South African r6gime, however, has rejected this reasonable course which holds the promise of meen:ng the legitimate fears of the privileged minority it seeks to represent, but has instead pursued a -I rt-sigh-ed policy which cannot but lead to the gravest dangers. 136. The Special Committee has u-zed the imposition of economic sanczicii against S,-uth Africa in order to make it clear to the white minority and its leaders that their present course is unacceptable and untenable and to encourage a!l forces and trends favouring an end to racial discrinzunatn. The purpose of economic sanctions is no: to cripple the South African economy but to secure a solution of the situation in South Africa which wou!d protect the legitirni:e rights of all the peap~e of -hat country. A. THE RESPONSIBILITY OF THE GRF-T POWERS AND MAJOR TRADING PARTNERS OF SOUTH AFRICA 137. The Special Committee remains firmlv convinced that the economic sanctions and related measures it has recommended are the only effective means for a peaceful so'utiion to the situation in South Africa and that the United Nations should exert maximum effort; to seek a solution by such peaceful means. To be effective, however, the sanction; must be mandatory, and universally applied under the auspices of th- United Nations. 138. The Special Committee notes with regret that the major trading partners of Sourh Africa have been unwilling to support this peaceful approach toward a solution despite the repeated appeals by the General Assembly and that they have. on the contrary, increased their profitable collaboration with the South African Government. They have thereby frustrated timely and effective action by the United 'Nations and bear a grave responsibility for the consequences of delay in dealing with the situation. 139. The Special Committee shares the view expressed by the Secretary-General in the Introduction to hiz annual rerort on t -e work of the organization for 1965- 66, in which he stated: "It seems to me that the permanent members of the Securit- Council and the main trading pa-:tners of South Africa have a special resoonsibilitv as well as the mean to persuade t'ie South African Government to abandon its present course and seek a solution consistent with the Charter of the United Nations and the resolutions of the Security Council and the General Assembly. Such efforts would be based on the very wide consensus which ha; developed in the United Nation; on the need to secure a solution of the situation through the full, peaceful and rderlv application of human rights ttnd fundamental freedoms to all the inhabitants of South Africa regardless of race. c1our or creed and by consultations among representatives of all element's of the population in Souh Afric-. Progress in this direction is indispensable to prevent a further ggr avation .-,f the situation in southern Africa and to enable South Africa to play a con ruct've tart in the destiny of Africa." (ee Ai6301 /Add.1. p. 11.) 140. The Special Committee consider; it e zential to issue the warning th- by re.usinz to lend theor co-oneration in such ind:;pensable action, the main trading partners of South Africa. includinz three permanent members of the Securitv Council. bear the responsibility for the deteri:.ration of th2 situation in

22 General Assernbly Twenty-first Session-Annexes southern Africa as a whole, and for the inevitable outcome of a violent conflict in South Africa with all its repercussions and effects, both national and international. Moreover, by their increasing collaboration with the South African Government and increasing involvement in South African economy, they are provoking suspicion and hostility among the victims and opponents of apartheid. 141. The Special Committee is gravely concerned that foreign business interests. which are greatly increasing their stake in South Africa and deriving excessive profits from the present system, are engaged in active propaganda in favour of that system and are attempting to influence other Governments against action to counteract apartheid. The development of these foreign interests is bound to put the professed beliefs and traditions of the countries concerned to a severe test in a violent confrontation in South Africa. (See also A/6412, para. 86.) The Special Committee is compelled to warn that any actions designed to defend their interests in such confrontation mav well lead to conflict with the forces of liberation in South Africa and all those xvh, support the liberation movement to achieve its legitimate goals. 142. The Special Committee, therefore, considers it essential to secure the speediest disengagement of these Powers from South Africa. It considers that. as a minimum, they should withdraw their nationals and investments from the Republic of South Africa, except for persons engaged in humanitarian activities. until the problem of apartheid is solved. 143. The Special Committee, moreover, notes that the involvement of foreign business interests in South Africa and in the other territories of southern Africa has developed in complex relationships between foreign and South African concerns. It strongly supports the proposal by the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples for a consideration of the activities of foreign economic and other interests which are impeding the Declaration on the granting of independence in Southern Rhodesia, South Vest Africa, the Territories under Portuguese administration and other colonial territories. It feels, however, that for the most fruitful consideration of this matter, the activities of foreign economic interests in the Republic of South Africa and of the South African economic interests in neighbouring colonial territories should be fully taken into account. B. A PROGRAM ME OF ACTION BY THE UNITED NTATIONS 144. Faithful to its mandate from the General Assembly, the Special Committee has attempted to promote a comprehensive programme of action, under the auspices of the United Nations, to solve the problem of apartheid. 145. It has given primary importance to economic sanctions and related measures designed to secure the speedy eradication of apartheid and the development of a non-racial society in South Africa. It has suggested measures to persuade the main trading partners of South Africa to co-operate in facilitating universal economic sanctions. 146. It has suggested the arms embargo and various other partial steps to secure certain minimum but vital objectives. 147. It has emphasized the importance of public opinion in reinforcing and supporting United Nations action and suggested various measures to inform world opinion of the dangers of apartheid and of the United Nations efforts to solve the problem. In this connexion, it emphasized the particular importance of informing opinion in the countries which maintain close economic and other relations with South Africa and of counteracting the deceitful propaganda by the South African Government and by business and other interests collaborating with it. 148. While constantly concerned with efforts to secure a solution, and without diverting attention from the need for urgent action for that purpose, the Special Committee has also given attention to various humanitarian, cultural and other programmes. It made it clear that these programmes should in no way be regarded as alternatives for action to solve the problem. 149. In this connexion, the Special Committee has been concerned with programmes and measures by which the international community can prevent serious aggravation of the situation and the growth of racial bitterness and hatred, and can help alleviate distress among the victims of apartheid. It encouraged various initiatives to save the lives of opponents of apartheid threatened with execution and to prevent the torture and brutal ill-treatment of prisoners. It encouraged programmes to provide for legal defence of persons accused under arbitrary laws. aid to families of political prisoners and education of their dependants, and relief to refugees. By emphasizing the humanitarian nature of these programmes. and keeping them distinct from efforts to secure an end to apartheid, the Special Committee has sought to enable wide segments of the international community to demonstrate, by action, their concern for a peaceful solution of the problem in South Africa. 150. In the same spirit, the Special Committee commended the United Nations Programme for the Education and Training Abroad of South Africans. designed to assist South Africans to receive higher education and technical training and enable them to contribute effectively to the progress of their country in accordance with the purposes of the Charter. 151. The Special Committee is awaiting a report, being prepared at its request by the United Nations Educational. Scientific and Cultural Organization, on the effects of the policies of apartheid in the fields of education, science, culture and information in South Africa. It feels that such a report will provide authoritative information t, non-governmental organizations and interested individuals and enable them to provide appropriate assistance to the millions who are denied equal opportunities because of racial discrimination. 152. The Special Committee has commended the efforts of the International Labour Organisation in pursuance of its declaration on the policy of apartheid of the Republic of South Africa and its programme for the elimination of apartheid in labour matters in the Republic of South Africa. 153. The Special Committee has encouraged various ameliorative measures without diverting attentionl from the primary task of contributing to the eradication of apartheid. It has maintained contact with other United Nations organs, as well as specialized agencies and non-governmental organizations, in order to promote meaningful action at all levels. It has thus sought to play a helpful role in promoting a comprehensive

Agenda item 34 23 approach to deal with various aspects of the apartheid policy and its ill-effects, with emphasis on action rather than mere condemnation of apartheid. It has been gratified by the endorsement of its recommendations by the General Assembly, as well as the Seminar on Apartheid held at Brasilia in 1966, and by the responses from States and numerous non-governmental organizations concerned with this problem. 154. These efforts of the Special Committee demonstrated its intense concern to do all in its power, in accordance with its mandate from the General Assembly and the needs of the situation, to promote all possible peaceful measures towards a solution of the problem of apartheid during a period when the actions of the South African Government were precipitating a conflict. While the Special Committee had no doubt that the hopes of the South African Government that an armed racist minority can for ever dominate the country would fail, and that non- racialism and justice would triumph, it was always anxious to promote the widest international support and understanding of the struggle against apartheid. especially in the predominantly "white- and "Christian" nations, in order to promote the most peaceful transition and to mitigate the dangers of racial bitterness. 155. While the Special Committee respects the right of the oppressed people to liberate themselves by means of their own choice, and recognizes that avenues for peaceful change are increasingly closed by the Government, it may well be that the constant concern of the Special Committee. and the support it received from the Member States and public opinion has helped to contribute toward mitigating violence and racial bitterness and hatred. It recognizes. however, that the danger of violent conflict cannot be eliminated unless decisive steps are taken to eradicate apartheid. 156. The Special Committee feels that, in view of the aggravation of the situation in South Africa and neighbouring territories, these manv-sided efforts should be redoubled in a comprehensive international campaign against apartheid under the auspices of the United Nations. It has attempted to ensure that the Seminar on Apartheid would -ive particular attention to concrete measures for a programme of action and has noted with satisfaction that the Seminar has made a number of recommendations which deserve consideration and endorsement by the competent United Nations organs. C. THE REPERCUSSIOJNS OF APARTHEID IN SOUTHERN AFRICA 157. The Seminar on Apartheid held at Brasilia has emphasized the repercussions of apartheid in the whole of southern Africa and the importance of effective action on the colonial problems in the area toward a solution of the problem of apartheid in South Africa. In this connexion. it made various recommendations. (See A '6412. chap. III. recommendations VII. IX. XXIV, XXV. XXVIII and XXIX.i 158. The Special Committee emphasizes the importance of co-ordination in all United Nations efforts dealing with the problems of racial discrimination and colonialism in southern Africa, For this purpose. the Special Committee has kept in contact with and followed the work of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. It feels that co-operation between the two committees should be strengthened and that the) should establish close relations with any other United Nations organs which may be concerned with the problem of apartheid, racial discrimination and c.olonialism in southern Africa. 159. The Special Committee, moreover, feels that an international conference or seminar on the problems of apartheid, racial discrimination and colonialism in southern Africa would be useful in promoting effective United Nations action and recommends that the Secretary-General be requested to organize such a conference or seminar, as soon as possible, in consultation with the two Special Committees of the General Assembly. It further recommends that the report of the proposed conference or seminar should be submitted to the General Assembly for consideration at the twentvsecond session. 160. The Special Committee strongly supports provision of international economic assistance to Botswana. Lesotho and Swaziland, and recommends active efforts to secure the effective implementation of General Assembly resolution 2143 (XXI ). D. ECONOMIC SANCTIONS AND RELATED MEASURES 161. The Slpeciai Committee reaffirms its conviction that universal economic sanctions under Chapter VII of the United Nations Charter are the only effective peaceful means by which the international community can help solve the problem of apartheid. Such sanctions deserve the strong support of all who seek a peaceful solution or even to contribute to a mitigation of violence. 162. The General Assembly, in resolution 2054 A (XX) of 15 December 1945. supported by an overwhelming majority of Member S',atez. drew the attention of the Securit:y Council to "the fact that the situation in South Africa constitutes a threat to international peace and security, that action under Chapter VII of the Charter is essential in order to solve the problem of apartheid and that universally app'lied economic sanctions are the only means rf achieving a peaceful solution". The Security Council. however has not vet considered the situation and most of the main trading partners of South Africa, except Denmark and Sweden. remain unwilling to co-operate in ensuring decisive action. 163. The Special Committee no-es that the attitudes of the main trading partners were reflected in reservations bv a small minority of participants to many of the relevant recommendations of the Seminar on Apartheid. (See A/6412. Chap. III, recori iendaticns III-VI and XIX-XXIII.) 164. Having considered the situation created by the unwillingness of the main trading partners of South Africa to assume and discharge their responsiilities, the Special Committee considers that efforts should be redoubled to persuade them to change their attitude and to secure action by the Security Council. It feels that it is desirable, with'out detractin.g from such efforts. to take immediate steps with regard to measures on which the report of the Seminar on Apartheid indicates widest support. It makes the following sugcestions in this respect! (a) All Member State should be requested to undertake that, when the Security Council should decide on mandatory sanctions against South Africa. they would apply them faithfully and scrupulously.

24 General Assembly-TwentY-first Session-Annexes (b) All States should be called upon to comply fully with the decisions of the Security Council solemnly calling on them to cease forthwith the sale and delivery to South Africa of arms, ammunition of all types, military vehicles and equipment and materials intended for their manufacture and maintenance. The Special Committee should be authorized to draw the attention of 'Member States concerned, through the Secretary-General, to any information which may become available on failure to implement this decision fully, and to report on this matter to the Security Council and General Assembly as appropriate. (c) All States should be requested immediately to discourage closer economic and financial relations with the Republic of South Africa. particularly in investment and trade, as well as loans by banks registered in their countries to the South African Government or South African companies, and report on measures taken in this respect. The Secretary-General should be requested to transmit such reports to the General Assembly and the Special Committee. Countries, which have not yet developed any or extensive economic and financial relations with South Africa, should be requested not to establish such relations or to disengage. (d) The Secretary-General should be requested to take steps, in consultation with the Special Committee, for timely publication of statistics on South Africa's international trade. He should be requested. further. to provide all necessary assistance to the Special Committee to publicize information concerning the development of closer economic and financial relations by other States with the Republic of South Africa and to report on this matter to the General Assembly and the Security Council as appropriate. (e) The International Bank for Reconstruction and Development and the International 'Monetary Fund, as well as their members, should be requested to take measures to stop all further assistance to the Republic of South Africa by these two specialized agencies. _165. WAhile calling for mandatory and total economic sanctions universally applied, the Special Committee has suggested certain partial measures designed for limited purposes. It feels that. in view of the supply of petroleum from the Republic of South Africa to the illegal racist minority rogime in Southern Rhodesia in order to frustrate the decisions of the Security Council, urgent consideration should be given to an embargo on petroleum and petroleum products to South Africa and on all assistance in the refining and distribution of petroleum products. The Special Committee notes that such an embargo can be made effective with the full co-operation of a few companies which are involved in the petroleum industry in the Republic of South Africa. These companies are mainly from the United Kingdom, the United States, the Netherlands and France which have supported measures to quell the rebellion in Southern Rhodesia. The Special Committee feels that an embargo by these States, with the assistance of the United Nations, will not only help secure the implementation of the decisions of the Security Council concerning Southern Rhodesia, but will constitute a clear warning to the Republic of South Africa to desist from challenges to the authority of the Security Council. E. 'MORAL AND MATERIAL ASSISTANCE TO THOSE COMBATING THE POLICIES OF APARTHEID 166. In view of the continued unwillingness of the major trading partners of South Africa to join in effective international action, it has become essential to consider other appropriate means by which the international community may assist in the solution of the problem of apartheid. 167. The Special Committee has emphasized that the struggle of the people of South Africa to end apartheid is a legitimate struggle and that the provision of assistance to the oppressed people of South Africa is a duty of the international community fully consistent with the purposes and principles of the United Nations (A/5957). 168. The Special Committee feels that a clear distinction should be maintained between material assistance in the struggle to secure an end to apartheid and humanitarian assistance to the victims of that policy which is considered in a subsequent section. 169. As regards the former, the Special Committee suggests that recommendations X, XI and XIV of the Seminar on Apartheid be drawn to the attention of States. (See A/6412, Chap. III.) F. EFFORTS TO PROMIOTE SUPPORT OF NON-GOVERN'MENTAL ORGANIZATIONS AND WORLD PUBLIC OPINION 170. -\Vhile considering that a solution to the situation in South Africa requires decisive action by States, under the auspices of the United Nations, the Special Committee has always attached great importance to co-operation by the specialized agencies of the United Nations. by non-governmental organizations and by world public opinion in general to facilitate and supplement such decisive action. 171. It recommended that specialized agencies of the United Nations and non- governmental organizations should be encouraged to consider positive and active measures to counteract the policies of apartheid of the Government of the Republic of South Africa, to render humanitarian assistance to those persecuted by the South African Government for their opposition to the policies of apartheid and to help disseminate information on the dangers of the policies of apartheid and the United Nations efforts to solve the problem of apartheid in South Africa. 172. Considering that the situation in South Africa is of the widest international concern and that world public opinion should exert all its influence to support and supplement the efforts of the United Nations, the Special Committee considered it most essential that the United Nations actively encourage and assist nongovernmental organizations to develop their activities against apartheid. 173. It has attached great importance to the widest dissemination of information on the dangers of apartheid in order to keep world opinion informed and thereby encourage it to support United Nations efforts to deal with the grave situation in South Africa. 174. Accepting the recommendations of the Special Committee, the General Assembly, in resolution 2054 (XX) requested the Secretary-General, in consultation with the Special Committee, to take appropriate measures for the widest possible dissemination of information on the policies of apartheid of the Government of South Africa and on United Nations efforts to deal Agenda item 34 25 with the situation, and requested all Mem._:er States. specialized agencies and non- governn:ental orzan:zadons to co-operate with the Secretary -Gen-ral rnd the Special Committee in this regard. 1- invted the specialized agencies to take active measures, within their fields of competence. to compel the Go;vernment of South Africa to abandon its racia! poicies and to co-operate with the Special Commit-ec in the i'p'.ementation of its terms of reference. 1- requesred the Secretarv-General to organize, in consultation with the Special Committee and the Commission on Human Rikhts. an intern:tiona' seminar on ar.r¼M 175. The Seminar on Apartheid has s 5r"ng s.ported the views c; tbe Special Committee on the nced to encourage appropriate act:nn by non-z.,vern--en-rl organizations and to infarm world public op-nirn and encourage it to influence the situation in South Africa. Manv participants in the seminar felt that a val-:ab!e contribution to the so'ution of :he nreb'e- ra be madebiGnvrn'n )inon-go-ernnental ranazåtion: and groups, re'irous assciations and profe;:inna' bodies, through the dis-emination of in .-rmuon re'z-:. th sit:aton in Scuth Africa. Thev f-'t that a spc:a! information service mtght be estrabihed to acquaint world nninion with the true implica:ions and dangers of arthed, Thev considered that such a sen-ice woud be of particular va.ue in -iv 1 the international network of .rora-anda rraintained with zreskill and at great cost ý, -.he South Afr-cn G-*vernment and by other suroorters ,i apartheY -ee A 6412. narn. :fl 176. Some partici-ilnnts expressed the hoa :!at the existing lnter-zvc-ernmen.-' admiriztrative mnac-.' ner,.for handmn the r;n=ir.X ruezticns reilt:hz to n.artheid wtud be reformed and :ad- mo-r-e eeetie. The Secreta.,---Genera! of the United Nation; should. in their view. est-:'ish a speca' admin:--r-t--e -:n:t within t'-e >acreari - - ' - -' V nmatters. Such action cn is -art ,vu'd be of n-vchlo-ical vahue and remind Me.nber Sta-es of ct continued exictence of the problem and their ob'--tions under -he different resolutions of the United Nti-nz (bid.. para. 113 ;. 177. Several particirants -urported the prc--.' to establish an international infomation cen:-e, ihin te framework of the United Nationz, to dissemina:e data on the meaning and d-_nzrs of ara- heM. Mo-" oarticipants also ;urzýzed that t- United Naticns, in co-operation w:th UNESCC,. zhou'd unde-ake an educational campaign --red at peon'e. both inside South Africa -nd elsevhere (i'd.. paraz 11-l6. 17,9. In this connexion. tl, Semin-- made a number of recommendations, (fY3d. Chan. II. ra: f.'-'n dations XVI-XVIII and XVT-XXVII.) 179. TI- Sp ecia Corroittee fu'lv endorme- these recommendati,- . w-hiah .rve in line with its earlier pronoals and the rce A-nt rjv,:.',ns o General Assentb- reso'u- ifn 2054 A i'XX , and commend- theni tor RIrrorri-.:e action at -he current -ess on ,i ahGenra' .A--semlv 1- -',,- t~ta- these re---n-'-.rhave rec-i,, 3fljf:','a n a.r ,:,- at the hut-r lut k-r the act th- a fraw of the p.rticn fiel: that the nature of the co:nex:-n of the pro:.oed in.-rna:on centre with the Un:ed .N - ti-s zhou'l he s:u.- !ied. 180. The Speci-i C .*:n-ittee considerc it r;ze.tia! that the above rronros-,.! of the Seminr fl,:,ud be zeen as ,a~ of tbe inte=r,,onal camrnaie-n av-in_-t -.aprtlkeid whicb it has r.,ori,ed in order te, encourage ::'-re vigorsus action by world public opinion. The United Natin shou-d pI'.-y a vital ro'e in such a campaign. -U -t.em Zng and e:couraging aci:n by ot0er i-.ter'. rmnrent: or-anizatian-. Pates. non-governmental or-nizati.:n; and :' orld pubba opinion in general. 181. Colaectirn and dis.,mination tf information on the rnjor de;. lopm-nt- which have caused and continu to, c--se inemnat:-nal c:-cern, on the interest of zLh Unted Nations in securing the ehiminaton of apa-:h-al. on the activities of United Nations organs concerned with this question, including hu:nanitarian and cu ura activitieS, and cn the progress in the implementation of decisions of competent United Xa-.,-,ns ,:r'an- :s an essentia asect of such a campaign. The Uni-ed Nation- is also coma 2ed to countema: the v-ru.ent propaganda by the Scul \iric-n Governn:ent de-izne1 to discredi: the Or-ani,.e and its actions on thiz sue:t:an. 182. The Saeciil Committee considers that these tas- need to 'e, and can :ppr.upriazell be. undertaken by the United N-.tion an part or itz acaivi- in dealing v-:t u ,robem f 0' ar.-eid. Thev cannot be transformded 1. anv out-i$ group. with cn'y- a tenucu; connexi,n with the United Nations, which would be dependtn: on vo'untar- contributions and which mav not faithfuly reflect th- concerns of the competent Unir-d Nation; organs. The Special Committee, thereIrae, rec,:nmerds that nec;eý_ary provision be made W-thin the budzet of t1e Unix-dNatirns ior this purpose, !>3. The Special Committee recalls that it has a'readv t-.ken variou; ;e- for the collection and dissen.:.--:i:n of ;n:ornun on the po'icies of apartheid. Vith !-e as;istance of the Secrerai-Genera! for wv-ole co--peratinn :t again records its appreciation. It has r -'e4: th'3 aecret5.r--.-Genera to tak- stens to ensure th- v-tdest disnen{nation eÅ ito reports. through the :-at-,n cent-e and -ariou- infrrn.aricn media. Åt -n eq'est, a rur¾ ol ' tt r-s have beenpubnv uzhn_-.. for wide distribution. and an :,ccazonal b;?e n.U'ed l'--,:s and Apar5'- :d, has been bui-re by the United Nation'. It has rc-:,ested and encn,'r.nzed fetiioner; before the Cornmr::- and rher 0'-,te non-z'overnmental orv-n:z-.i- to he, d ": nae itz reports and d.ncu1,4. It has. : _ Secretary-Ge-nera', recuet'eed the United at!-:,rs ducariorall Scientic and . :al Chr n{z ,,,n t,- vepor- a r u - - on t. etfects : ~aga-hbe-'1 1- 8.h_ itd ? - e tv,- n. 'czenc-, cu'ture and ii'r -n in Sc;:h\'rir, It has commended t v:- r, tiie; e. - Intcrn--'r:n' ..¾our Orzniat-in o-n"c:on with i- dealarati n on ar,'r-_.ed It ho3 n:anvi: - ion 1-t* h (lrs-n-iz.'i,-n rif .frican Unit- in oreer tÙaon-,c:. -CO-o,'er- 'tro-, cj 'e:ie+s de-ip--'- t: zecure the a ý:,'2 7 1 . -f anatid >,' The Sar Co-,-itlee :1s z- t a de!eza:ion -. :tend the In'_ro::: Co'nfr:nc ein Ec-nonlic f.C'no; a ain~:t "i- \*-lcn he'd in .on!rn in 1964 It ha; rro:---r 4e orn!zaý::f the Seo:n-a on -Apaarhid he'd at r'.1 - in 19(, and z'.igested that due bttern-n 'e ziv-n t to , uesi,-n of a-tt-id 1': act'. :ie-. 1.ann.' 1 .-, the In-er a '' l 1-It-'-": Rizh:- <'-at. 1 '-,. Hz-inu a',ven care,:' c ''Ad-r.cion to the most al:,lropr!ae rar-nuc-en's n the !;ih' of its experience in i- "ater, the S--

General Assernbly-Twenty-first Session-Annexes establish a special centre or unit in the Secretariat charged with the responsibility for assisting the United Nations organs in the campaign against apartheid. Such a centre or unit, staffed adequately. might be given the following responsibilities. (a) It should prepare studies on the various aspects of the question of apartheid in the Republic of South Africa and on the actions of United Nations organs, with the assistance of competent departments and units concerned with the economic, social, legal and human rights fields, as well as appropriate specialized agencies and other bodies. Such studies should be made available to organs of the United Nations, to Member States and to appropriate non-governmental organizations and disseminated widely through the public information facilities of the United Nations and specialized agencies. (b) It should maintain liaison with appropriate specialized agencies and non- governmental organizations. ( c) It should act as a clearing-house for information on the activities by specialized agencies, 'Member States and non-governmental organizations on the question of apartheid and publicize such activities. (d) It should provide the necessary services to United Nations organs concerned with the question of apartheid, particularly the Special Committee. 187. The Special Committee emphasizes the need to make provision for adequate staff and consultants for such a centre or unit. It suggests that specialized agencies, Member States and non-governmental organizations be invited to co- operate with and assist the centre or unit. 188. The Special Committee strongly endorses the recommendation of the Seminar that an unofficial international conference of non-governmental organizations, such as trade unions, church, student and youth groups, drawn especially from countries trading with South Africa, should be held soon to consider the )roblem of apartheid and to explore ways and means of overcoming it. 189. The Special Committee has established contact with a large number of non- governmental organizations and has had under consideration the desirability of consultations with them on the means by which the United Nations might help them to develop their activities in connexion with the problem of apartheid and lv which they can in turn assist the United Nations more effectively. In this connexion, the Special Committee recalls the views expressed by the Group of Experts established in pursuance of Security Council resolution 182 (1963) of 4 December 1963: "'We emphasize the special importance of world opinion. Many countries, particularly the African countries, are directly identifying themselves with the cause of the oppressed people of South Africa. but there is a wider international concern. The conscience of the world has been stirred, and there is a recognition in world opinion generally that the South African problem is unique, demanding exceptional treatment. There is an international crisis of coniscience; it arises from the fact that in South Africa there is a government professing to speak in the name of Christianity and the 'European race' which is the only government in the world which chooses as its guiding policy not a striving to attain justice. equality and safeguards for human rights, but a determination to preserve privileges, defend dis- crimination and extend domination to such a degree that it amounts to the organization of a society on principles of slavery. In South Africa the denial of human rights and fundamental freedoms is openly pursued as an avowed policy. There are many in the Christian churches and amongst those who can claim to speak for European civilization who can be expected to feel an exceptional responsibility in regard to developments in South Africa. Their influence in many ways and through many channels might be more effectively deployed. "There is another major international interest involved. That is the interest of commerce, industry and banking, often acting through great business concerns and organized on an international basis, which draws high profits and special benefits from investments in and trade with South Africa. They too should feel an exceptional responsibility, for it is largely from the cheap labour maintained by the policies of apartheid that their profits derive. These business interests and financial houses, together with chamber of commerce and industrial trading concerns and associations, could exercise effective influence on the South African Government, and specially might make a constructive contribution by demanding and putting into effect a 'fair employment policy'. "The situation can also be influenced by voluntary action undertaken by trade unions and other such co-operative groups in many countries. The protests of these groups have occasionally been expressed in the form of boycott of South African goods. Though the direct economic results of such boycotts have been limited, their psychological effect is valuable.'23 190. The Special Committee feels that a conference of non-governmental organizations would be useful to consider concrete steps which may be taken in the light of the recommendations of the Seminar on Apartheid, as well as those of the Special Committee and the Group of Experts. as many of these recommendations are designed to enable the United Nations to encourage further activity by Special Agencies. States and non-governmental organizations. The co- operation of the latter is indispensable and it should be invited. 191. The Special Committee is particularly concerned about the means of informing the people of South Africa about the situation and the concern of the United Nations, especially in view of the efforts of the South African Government to distort the purposes of the United Nations and prevent the free flow of information. It feels that Member States and nongovernmental organizations should be encouraged to take steps to reach the people of South Africa through radio broadcasts and other appropriate means. G. HU1AN1ITARIAN ASSISTANCE TO VICTIMS OF RACIAL DISCRIM I NATION AND REPRESSION 192. \Vhile emphasizing the imperative need for decisive measures to secure an end to racist oppression in South Africa, the Special Committee has repeatedly recommended appropriate humanitarian assistance to the victims of racial discrimination and repression. It felt that such assistance, rendered by States and peoples from all regions of the world, would be a 2, See Oficial Records of the Secturit, Council, Nineteenth Year, Spplemcnt for .ipril, .lfay and-June 1964. docuiment S/5658, annex, paras. 89-91.

Agenda item 34 27 clear and effective expression of international concern. and would help counteract the growth of racial bitterness and hatred. 193. On the recamn:endation of the Special Committee, the General Assembly appealed in resolution 1978 B (XVIII) of 16 Decerber 1963 for contributions by States and organizations for relief and assistance to fan'ilies of persons persecuted for their opposition to the Poicies or apartheid. The Special Committee's appeal :f 26 October 19a24 to Member States. through t e Secretar-General. in the light of this resolution. resuked in contr'bution or pledges 0f contr"bu-ion to voluntary agencies concerned. ttalling neariy S300.000 during the next vear.5 194. Subsequent:%y. agair: on the recom.-.endation of :he pc: v.:::e-. the Geeral At-eZb-.ad..pted reso utoin 204 B t XX, on 15 December 1965 estabishing a Un:ted Narions Trust Fund for South .Arica az a means to encourage greater contributions and set up a Co:mmittee of Trustees to decide on the uses of the Fund. 195. The Special Committee has followed the progress of :he Trust Fund and is heartened by the fact that a 'arcer number of States have made contributions in 1966 for this humanitarian purpose.- It feels that 14 See O-7:o! It: .ds : the G aer:2 ..: , . .,:: ,r St,:', A~,r..res. Annex N-. '2, dc- cument A-SSsra 118. -" The following con.tr.i: or r.e-ies wereree:e:vec :n resionze to eseC' C:..he at_.5e De.:ark Greece H-=ngary Irac Malaysia P . re LU'.CR Z.US Z :;*-* . 00 2 500 100'' Paki:sa.r and Nether'ands ao aledred contributi.:n in resz'ne to the a.,peal o t-e Srecia: C:,.='-ee. and paid the a'tunts susqu'enIv to t-e Un::r Nat:r.-n T-ust Fund i,:r orus Afrca. ,See f t-r'e 26. 6To date t'ne fo2;-irg ..rbear States have ributeorpld-d c -,r -r.- the Trus' Furd: Carn.'dra Cbe Den.-cratir ::c of ' --... ., D .=al-k . ra 1s-'.q 00'aat- " US d;=. 2, (d) I par d 2 r,0 '.aid 3 .hO.ag c 28. --6.08 5f.o'.x 140 27-:s-' 21 3to., (C, 1I.CA 1.rw6 3. CC', 7a; .ard ,'aid, ,aid Da:A paid - ad paid the Committee of Trustees and the contributors deserve c,n:rnendation fr their eifort to meet the enormous needs caused by incresin-' ruthless repression of opponents ot apartheid in South Africa. I,. The Special Committee notes. however, that the respnses to its own appeal and that of the Committee o Trustees have come from a limited number of Staes. It cannot but express surprise and serious re-- that many of the economically advanced countr,, have failed to respond to the appeals, despite their support of the relevant reso!uion; of the General A-en.v. 197. In this conrexion, the Special Committee corn,tends recommendations XII and XIII of the Seminar on Arartheid. (See A '6412. Chap. III.) 198. The Special Committee, moreover, continues to be -rave',- concerned over the il-treat-:ent of political risoner in South African prisons, as decsribed in the annex to this report. I- considers it essential that States r.nd w:r'd opinion should urgently exercise all poIbl.e influence to stor, .his brnt-Iliry which can have grave consequences. 199. AS stated in the previous report. the SecretaryGenera: has kept the Special Committee informed of the pr, zre z of the United Nations Programme for the Education and Training Abroad of South Africans, eztab!i.hed in pursuance of rararraph 11 of Security Council resolution 191 (1l_4, of IS- Tune 1964. The z:ecal Committee has commended this programme as an expression of international concern over the situa_:'n in the Repu.bl'ic of S uth -rica. and of a desire to asssz in the promotion of eq'ni opportunities for South .Africans irrespective of race. 200. Thr Special Committee has taken note of the report of 9 November 1965; by the Secretar--Generale; concerning the establshnent" of the prozramme and the manner of its operation and follo'ed its progress since that tinse. It notes that the Secretary-General's appeal for voluntary contributions to finance this prov-ranm.e has received a disarpointing reSponse.2S Again cannot but exT.ress its surprise and serious regret that many of the economically advanced countries. includin ,st o7 the major trading partner; of South A . :.r.cuarx those who ;trrnn'- suprorted the ocurhv -Counci' rezolution estab~i;hinz this programm e. have faired tr, extend the necessary financial S..rt,.. tr the pro--anme -nd this failure must result in the inability of the rgroarm.nte to deal with the 27 0ficiai Recrrds -f the Y-cu'it, C,:-.'; T d,',crnen : 4 . 91'c ter andr 2'The ir_:!-,.x. r pledges and o'ntr;'uti,nc have -, iar been ann.,:ed in -. t , the anoeal ,,f the SacretarNGe-eraL - ime--.-::'. of the p thScram re a ,am"_ r, L 9e r ia (tab. n Liberha Malawi aorwa 1 .000 14;, 1 .4r1 it 9'- marler. in 1065. 'ri. r to the re-,- r r f -h e the >. on, had b;77 rece aran :tera> " ..:,:: :r-- t'yr-ra:rt ; 352 ': cixav " '2= a:. : 'wrden. z"'i United Knedom. S737: and the U'n-ed ' te. 2:,. udertan other c 'In-r s,-- -.: t r :,-erf -,, 'jn,_ u er this Trog-rmme, "

28 General Assembly-Twenty-first Session-Annexes various practical problems and fulfil the expectations in the report of the Secretary-General. 201. The Special Committee wishes to express its appreciation to the contributors to the two humanitarian programmes, especially the Governments of Sweden and Denmark, as well as the Governments of developing countries which have contributed out of their scarce resources because of their intense concern for the victims of apartheid. 202. While emphasizing that these programmes were no alternative to effective action to resolve the situation in the Republic of South Africa, the Special Committee has always attached importance to them as appropriate programmes under United Nations auspices for specific humanitarian purposes. The Special Committee feels that the General Assembly should make a renewed appeal for adequate contributions to the two programmes to cover the needs. 203. The attention of the Special Committee has been drawn to the difficulties faced by South Africans who seek education abroad such as those connected with asylum, travel documents and employment after training. It feels that energetic efforts should be made by the United Nations, in co-operation with Member States, to solve these difficulties. In this connexion. the Special Committee commends recommendation XV of the Seminar on Apartheid. (See A/6412, Chap. III.) 204. The Special Committee will continue to lend its co-operation to the Secretary-General in promoting the effective functioning of the United Nations Programme for the Education and Training Abroad of South Africans. H. STRENGTHENING OF THE SPECIAL COMMITTEE 205. The Special Committee notes that the recommendations contained in this report, designed to strengthen 'nited Nations action on apartheid, will substantially increase the responsibilities of the Special Committee. 206. It recalls that the General Assembly had decided at the last session to enlarge the Special Committee, as recommended by it. but that such an enlargement could not be effected because of the unwillingness of certain Powers, approached by the President of the General Assembly in accordance with the criteria enumerated in paragraph 3 of Assembly resolution 2054A (XX), to serve on the Committee and thereby help to promote efforts to eradicate apartheid (A/6356). It recommends that the General Assembly leave open the possibility of enlargement when these Powers recognize the implications of their refusal and change their attitudes. In the meantime, the Special Committee will strive to the best of its ability to promote the proposed international campaign against apartheid. 207. The Special Committee recells further that, in its report of 16 Auzust 1965 (A/5957). it referred to the imperative ieel to make adequate provision in the budget for staff. consultants, travel, etc., in order to enable the Secretarv-Genera! to provide adequate assistance to the Committee. The General Assembv,, in resolution 2054 A (XX requested the SecretaryGeneral to provide the Special Committee with all the necessary means, including appropriate financial means, for the effective accnmplishment of its task. 208. The recommendations in the present report would make it essential that the Special Committee receive greater services in 1967 than in the past. Moreover, the recommendations may necessitate the Special Committee, or a sub- committee of the Special Committee, to undertake travel outside the Headquarters to consult with specialized agencies and nongovernmental organizations and to investigate various aspects of the problem of apartheid. It, therefore, considers it essential that the budgetary provision for the work of the Special Committee should be strengthened. V. Suninary of recomlnendations 209. In conclusion, the Special Committee wishes to state in brief the recommendations on which it suggests action by the General Assembly at its twentyfirst session. 210. First, the Special Committee recommends that the General Assembly reaffirm its earlier resolutions on the problem of apartheid, particularly its resolution 2054 (XX) of 15 December 1965: deplore the failure of the main trading partners of South Africa, including three permanent members of the Security Council (United Kingdom, United States and France), to abide by the appeals and requests in resolution 2054 (XX) : note the aggravation of the situation in South Africa mainly as a consequence of the attitudes of these Powers; emphasize the urgency of solving the problem of apartheid in view of the increasingly explosive situation in southern Africa; warn the Powers concerned that their non-co-operation in implementing resolutions of the General Assembly is aggravating the danger of a violent racial conflict which will endanger the peace of the world and present them with agonizing alternatives; request these Powers to take urgent steps toward disengagement from South Africa; and encourage all efforts to persuade these Powers to change their attitudes to conform with the convictions of the great majority of Member States so that decisive action may be taken under the auspices of the Security Council. 211. Secondly, the Special Committee recommends that the General Assembly note and endorse the proposal in this report for an international campaign against apartheid under the auspices of the United Nations. 212. Thirdly, the Special Committee recommends in this connexion that the General Assembly appeal to all States: (a) Especially the main trading partners of South Africa, to undertake that when the Security Council should decide on sanctions against South Africa, they would apply them faithfully and scrupulously: (b) To comply fully with the decisions of the Security Council solemnly calling on them to cease forthwith the sale and delivery to South Africa of arms, ammunition of all types. military vehicles and equipment and materials intended for their manufacture and maintenance: (c) To discourage immediately closer economic and financial relations with the Republic of South Africa, particularly in investment and trade, as well as loans by banks registered in their countries to the South African Government or South African Companies, and to report to the Secretary-General on steps taken in this respect, such reports to be transmitted by the Secretary-General to the General Assembly and Special Committee: (d) To consider effective political, moral and material assistance to all those combating the policies of

Agenda item 34 29 apartheid, in the light of the recommendations of the Seminar on Apartheid; (e) To make adequate and generous contributions to humanitarian programmes designed to assist the victims of apartheid: (W To endeavour to grant asylum and extend travel facilities and educational and employment opportunities to refugees from South Africa. 213. Fourthly, the Special Committee further recommends that the General Assembly request the Secretary-General : (a) To organize, as soon as possible, in consultation with the Special Committee on the Policies of Apartheid of the Government of the Republic of South Africa and the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. an international conference or seminar on the problem of apartheid, racial discrimination and colonialism in southern Africa and to transmit the report of that conference or seminar to the twentysecond session of the General Assembly; (b) To take steps, in consultation with the Special Committee. for timely publication of statistics on South Africa's international trade: (c) To provide all necessary assistance to the Special Committee to publicize and report on closer economic and financial relations by other States with the Republic of South Africa: (d) To establish a special centre or unit in the Secretariat with the responsibility of assisting the United Nations organs in the international campaign against apartheid, as suggested in paragraph 186 above; and (e) To provide the Special Committee with all the necessary means, including appropriate financial means, for the effective accomplishment of its task. 214. Fifthlv. the Special Committee suggests that the General Assembly should authorize and encourage the Special Committee to redouble its efforts to discharge its mandate of c:,nstant'v fo!'nwing the various aspects of the problem of apartheid. to promote the international campaign against apartheid and. in this connexion: (al To follow the implementation of the decisions of the Securitv Council on an arms embargo against the Republic of South Africa, and the General Assembly's appeal to the major trading partners of South Africa to cease their increasing economic collaboration with the South African Government, and report to the General Assembly and the Security Council as appropriate; (b) To take steps to encourage further aci,.'itv by the specialized agencies, regional organizations, S'tate's and non-governmental organizations to solve the problem of apartheid, and to this end, to convene a conference of non- governmental organizations if it considers such a conference essential: and (c) To hold sessions outside the Headquarters. or to send a sub-committee on a mission to consult specialized agencies, regional organizations. States and non- governmental organizations on means to promote the international campaign against apartheid, and to investigate various aspects of the problem of apartheid. 215. Sixthly, the Special Committee further recommends that the General Assembly; (a) Consider the activities of foreign economic interests in southern Africa impeding the efforts to eliminate apartheid, racial discrimination and colonialism in that region; (b) Encourage active efforts to secure the effective implementation of General Assemblv resolution 2143 (XXI) concerning Botswana, Lesotho and Swaziland; (c, Call on the In:ernationa. Bank for Reconstruction and Development and the International Monetary Fund to stop all further assistance to the Republic of South Africa. and request the members of these specialized agencies to take necessary measures towards this end: (di Call for an embargo on petroleum and petroleum products to the Republic of South Africa and on all assistance in the refining and distribution of petroleum products, in order to secure the implementation of the resolutions :f the Securin- Council and the General Assemb. concerning Sout'-.ern Rhodesia: (e) Encourage the employment of suitably trained South African refugees in the secretariat and prograrnres of the United Nations and specialized agenc:es: and f Authorize the President to en!arge the Special Committee, in accordance with the provilons of operative paragraph 3 of resolution 2054 A (XX) whenever he considers such enlargement feasible. 216. Finally, the Special Committee recommends that the General Assembly invite the specialized agencies. regional organizations, States and non- governmental organizations to co-operate with the SecretaryGeneral, the Special Committee and the proposed centre or unit on apartheid in the accomplishment of their a,_ks. AN-NEX I List of docuinents (not including reports of the Special Committee) issued from 10 August 1965 to 21 October 1966 A AC.1:5 LIS A I.!. Nore n re-ress:,'-e - r the Repub!ic of Sc.--th Africa A/AC.115'L.;6 'Rev.2. Note .n i.regnr invezrr.ent ;: he Re-b:c of South Afrc.,a A \AC.1: L.. ReDxr: ,i :he Sub-C,:--mrtee on Pe t. :ns SAC.1t- L.';". Le-er 4a - .T- 1'rm NP Tz, ,Te E. Br,.wn. Dir-et.. A: era- n N er- Le:-. - r C ence , :ca. New Yo,.rk . --'2 dated 15 ~-kugn. - .-= r Mr. ?.-%:~y 2is~ma:. D e -_r.Bueau of Afican .A.air,. Ar Nat:,a : A-:ical, P-r es Sal'am A,"5 L,:2 Letter-a-e, 20 -\ ,)s 9. rm ..Ir. in H n : Exe 'e - C'r r~s~~~ iA...... D ce and A ! Fuel;, Lo--dn A 'AC. I: .7_'5,. Le-er datef.. -.r.b- 5 f'r, -'re Per:~n- R - " " " "A .,\17.11: L.1-4a. Letter dared 2; -':: " ! -.5 io he Permanent Renresenat:ve of th- P,.-' -AC.115 L.L% Let:er dated 17 .- - : irm Permaient Ren resen-a- xe of . \ .A,. :... . Letter d2ted 22 - j95 fr,. Permanent Reo;earive M Ja-,an A .Cl 5 I;L..7. Letter da:e-i 6 oc:. bu 1- frcmn :he P'inanern Repjesenta:{Ve

30 General Assembly-Twe A/AC.115/L.160. Letter dated 13 December 11.5 from tile Permanent Representative of Hungary A!AC115/L.161. Note addressed to the Secretary-General by the Permanent Representative of Brazil _\/AC.11S/L 162. Statement by Mr. Achkar Marof, Chairman of the Special Committee, at the sixty-ninth meeting, on Q March 1966 A/AC.l15/L.163 and Corr.l. Report of the Sub-Committee on Petitions A/AC.1l i/L.164 and Add.1. Review of recent political trials in South Africa A.'XC.l15L.165. Statement by Mr. Achkar Marof, Chairman of the Special Committee, at the seventieth meeting, on 17 March 1966 AiAC.115'L.166. Statement by Mr. John P. Humphrey, Dircctor of the Human Rights Division, at the seventieth meeting, on 17 March 1966 A/AC.15/L.167.a Advisory services in the field of Human Rights: organization of the international seminar on apartheid. AACA1:5 L.16 and Add.1 and Add.l/Rev.1. Letter dated 4 April 1966 from the Secretary-General to the Chairman of the Special Committee .A/.\C.115/L.169. Report of the Sub-Committee on Petitions A/AC.I15/L.170. Statement by Mr. Achkar Marof, Chairman of the Special Committee, at the seventy-first meeting, on 7 April 1966 A/AC.] .iL.171. Statement by Mr. Tesvfik Bouattoura, Permanent Representative of Algeria. at the seventy-second meeting, on 14 April 1966 A/AC.115/L172. Letter dated 22 April 1966 from the Reverend Canon L. John Collins A AC.11L 173 Report of the Sub-Committee on Petitions .\/AC.115/i.174 and Rev.1. Report of the Sub-Committee on Petitions ..\C.115/L.175 and Rev.1 and Corr.l. Letter dated 7 June 1966 from Miss Mary Benson, transmitting a statement from the dock by Mr. Abram Fischer, Q.C. .A/AC.115/L.176. Statement by Miss Mary Benson, at the seventy-sixth meeting. on 6 July 1966 A/AC.II5/L.177. Note on the build-up of military and police forces in the Republic of South Africa since the report of 16 August 1965 A,'A '.113 1.178. Report of the Sub-Committee on Pe'itions .\ ACA 11/L.179. Memorandum concerning certain cases of political persecution in South Africa and concerning the work of the Alexander Defence Committee in aiding the vic'ims of that persecution A/AC.l15/L.80. Report of the Sub-Committee on Petitions A/AC.115/L.l81. Letter dated 1 September 1966 from Mr. Dennis Brutus, East Twickenham, Middlesex, United Kingdom A/AC.115/I.1S2. Letter dated 2 September 1966 from Mr. Matthew Nkoana, Department of Publicity. Pan-Africanist Congress (South Africa) European Branch, London, United Kingdom, transmitting a memorandum on the arrest of Mr. John Nyati Pokela, a leader of the PA.C. A/AC.115/.183. Note on developments in the Republic of South Africa since the Special Committee's report of 16 August 1965: Measures of racial discrimination and separation ./AC.115/1.184. Note on developments in the Republic Cof South Africa since the Special Committee's report of 16 August 1965: Repressive measures against opponents of apartheid AAC.115/I..I;. Note on developments in the Republic of Souh Afri,'a since the Special Committee'.- report of 16 August 1965: the huild up of military and police force, A/AC.115/L.186. Letter dated 14 September 1966 from Mr. Barney Desai, Secretariat of Foreign Affairs, Pan-Africanist Cong'ess (Azania . London a Alo issued as E/CY.4/l.,850. ity-first Session-Annexes Summary records of the Special Colmuitt'ce A/AC.]13/SR. 69 to 81b Hearing of Petitioners 76th meeting,' 6 July 1966. Miss Mary Benson, South African writer. 80th meeting, 14 September 1966, Mr. Franz J. T. Lee, South African writer and lecturer. ANNEX I Review of developments in the Republic of South Africa since the report of 16 August 1965 CONTENTS I. INTRODUCTION II. MEASURES OF RACIAL DISCRIIINATION AND SEPARATION A. Implementation of the Group Areas Act of 1950 B. Denial of rights of freedom of movement, residence and employment to Africans C. Segregation in beaches and public amenities D. Segregation in university societies E. Segregation in charitable organizations F. Moves to change representation of Coloured voters in Parliament ...... G. Implementation of the Immorality Act. H. Developments in the Transkei III. RaPnEsStva MEASURES AGAINST OPPONENTS OF APARTHEID ...... A. New legislation B. Implementation of the "180-day law" C. Political trials ...... D. Ill-treatment of prisoners ...... E. Banning orders and house-arrests ..... F. Banning of the South African Defence and Aid Fund ...... IV. THE BUILD-UP OF MILITARY AND POLICE FORCES A. The Emergency Planning Bill B. Expansion of military and police forces C. Manufacture of arms and defence research D. Import of arms E. Military co-operation with other countries Appendix: REVIEW OF POLITICAL TRIALS ...... 17-86 21-31 32-36 37-42 43-49 50-52 53-67 68-73 74-86 87-210 105-118 119-135 136-145 146-167 168-189 190-210 211-256 219-223 224-236 237-246 247-254 255-256 Page 54 1. Introduction 1. The year since the last report of the Special Committee of 16 August 1965 (A/5957), was an eventful year in the recent history of South Africa. It saw the unilateral declaration of independence by the racist minority r~gime in the neighbouring territory of Southern Rhodesia; the general elections in which the ruling National Party increased its majority in Parliament; the Judgement of the International Court of Justice, by the casting vote of its President, that Ethiopia and Liberia had not established any legal right at interest in connexion with their complaint with regard to South African administration of South West Africa: the b The summary records of the 74th, 75th, 79th and 815t meetings are restricted, as these meetings, devoted to the consideration of reports by the Special Committee and other matters, were closed. e For the text of the statement by Miss Benson, see A/AC. 115/L.176.

Agenda assa;stnati,-n of Prime Mi-'"r Hendrik F. Verwocrd, the :orenos: s !ostle of "separate develoomen:", and his sucession by Mr. B. J. Vorster. who had directed the ruthless repression of the op'i-nent- of apartheid in recent %ears: and the accessi-'n of the ::eghb.:,u-iz terr )res of Botwxana and Lisotho t- independence. 2. The year also sa, no- only a continue: unm'iilin :ess by the South African Governne-nt to abide by the resolutions of the General Assemb" and the Security Council. but an incrcasing dfiance of tlhe United , .. 3. In Nrvem'er itS, a'. the twentieth session of the General Assembly, the S*..: African ,'eation declined to re-pond to the zc::re o the Special P.itical Committee, wh:ch unanimouz'y insK:! -l to participate in tI-" Corrnitrees d:'zu-icn of th question of apartheid.1 The South African Gvernment also rejected the 'nvitati: t,-, -aric.-ipate in the Semina- on Anartheid held at Bra'iLia r.om 23 August to 4 5:''emnb-r 19s%.2 While refus ne to co-onerate with the Unit'ed Na'ions, it threatened to i'hraw f7rn-, the Organization if its voting r:ghts were curtailed.3 It strongly criticized the Secretary-General for an unexeepti.inabie statemen' in an interview on I May 966 that a sat;sfacto-r s,.'u't,-n of the situati,t tn S,.uth Africa required the unity of or ct,me ge.nera! c*nse-sus among the big Powers -egard.ne methods to be adopted to enf.,r-ce the resnlutions adozted by the Gereral Assembly and the Security Cuncil.4 4. -'eanh'le. the S outh African Government reif-ed the i:vita:-;on ,', the Sccuri-y Council in N.vember 1955 t,- particirae in ;it debates on the grav situation created b, the rebellion of the illegal racist minority r6gime in Southern Rhcdes:a.5 On 11 No-ember P. ::'e day xwhen this rei:.ne proclaimed "independence', Prime Minister Mr. Verwvoerd announcei a r, 1 .:y cf "non-in:erventi n" and declared that 5'::-h Africa V..uld not take part in "any f,-rce of bvctt". H-e t-called that his Government "'ontinuously condemned" the interxen:'rn or "other States or crganiza'ions" in the -tt'-!at:cn in Southern Rhodesia. .. Behind the cover of "nn-intervent'on". the Sou.h African Government, in open challenge to the decisions of the U-ited Nations. increased it; economic relations with Sou'hern Rhodesia, supplied it wvith oil and other strategi: materials, and provil-ed :,ther -aci'izies t-, sustain t-'e 7e'_cllion. Various private gr' 'u'm s.ranz up in South Afri-a to render moral and material support to the illegal rc-gime. I O~cial Records of the General Assem. Jv, Tz, ';ti,'tJ: Session A;,tres. agenda item 36, document A 'SPC 107. 2 E/L.1119. 3 In a New Year message on 31 December 1965. Prime V ,f:'r-tre. Verw ,erd said: "I give fair warning, ho.ever, that although South Africa-reeting herself as she does part of the Western r a!ton;, with obiiaat',ns to rhem ho'wever often they have lert her in the lurch-ha' continued as member of the United 'a'cns 'hr,-'gh man,- years ,-.f strain and stress since its f.ndat-, sh- .'. i!l not be prepared to suffer the indignity and injustice rf having her voting powers curtailed or with'-rawxn. T;- Rerublic will then leare the United Nations without hesitation." (South African Digest, Pretoria. 7 Januarv 19%. Speaking in the Hou-e of Aszsemly on 23 January 1966. Mr. Verwoerd rei'era'ed: ... there is no dosubt whatever that this Government xwould take the Re-'ub'ic o; 5n:u- Africa out of the Uni'ed Nations in the even ''fcrue' b'inr a!lo-wd to vote." (Republic of South Africa. H:s. of -sc:en y Debates (Hansards. 2'5 lanuarv 1966. c'l. 45.1 4 Unit-d .'.: s Press Re!._-.c,SGSM4J3,3) l196.inastat-mnt cn 10 May. the South Air:za-: F.re _: Mnister, Dr. 'Eul'er, said that hi' Go;erine' nt tpk z"r:,n-est txcep:n to the Sec-ear,-0-reral's statement ard alleged hat the Sec-etarv-Ge'.eral had ziren su-, rt to a In- ofthoughtnota:h' I- h - Orega:a'in:,n an4 had c:A'-d wi'h 'ar tte a-A -ed' - S'at-z '.'.i. h vere "cEeloga themselves f,Veicence aza!nt -c'hth Africa. (Thc Cape T''cs, 11 Max' 166,, , Orc'al Records ,f the Sc:,rit' Council, TzcLnt-tth YI 'r. SupPl~c.: ' i-,r Oct',r'r, Vm-enber and December 10i5. document S 6935. 6, The political develo::,ment; I.'!- S-,uth Africa also reflected a determination to press ahead with apartheid. t7. On 30 March 1966. the Government arranged general elections in the hope ,:f ane 'ltl:, it' strength in Parliament in ord-r to carry fr.vard the apartheid po:licies. The repre-enta-i, n of the ruling National Party was increased t.- ta;.tially as a reult of these electi. _'in. 8. Shortly after, at the end of May 19c',, the Gjovernment .rganic massive cl,brations on tLe fifth anniversary of the Reublic, w:th huge displaN of tnil try mgh; and reanrx..at'i nt of the aparthieil p,'Ai.. 9. The Judgement of the Int.'rnati. nal Court on the Southl West A.,: a case led to jub~lation an-',, that there Noull 6, lessencd interna-ionaI pre'''mre and. io!' ed, gr a'er forein -cooni:ti c,!labc ratir,n. Th . ssion ,f '.he Parl~anrent which opened in July l966 saw the intro duction of several drastic discriminarc'ry and repressive bills. 0. The assassination of Mr. Verwoerd on 6 Settemb'r 1 6 wa' foll ,wed by the election of Mr. B, 3, \'orster, frn 5,:.ni',ter of Justice, a' Prime Minister, and the racial roleU X.were reafermcd. In a ''eech be'ore be'ng cworn in as Prime Minister, Mr. Vo:-ster said: "" u ask me viat cour'e I will follow, Mv cpur-e is to go furj:.her on the road which M, Ver.. 'r fl.owed, What ,1 , I beleve in? I believe in the Naional Pary and its principles and the full implementation of th m in every resp-ct, whatever the con'equesc'. Mr. X'i-.tec further declare in hs z>teento the H,-,u.e ',,f Assembiy that "under no ,:rcu-t:nana:,-n-iher under :'res-cr nor frce-will we rart:cixat in either boycotts or to:..' -on'' Th- '-,as seen as i.'iicating that hi; Government w ,u'd 'left- "n- meres to :rnpose ntandatorv sanctions against the illegal r6girne in S.'uth rn Rhode;'a. 11, M-anwhle, the S uth African Gove-nm-nt has grea!stepped up its pre' aganda efforts in order to deceive pulic opinion at home and abr!ad ' It has also taken various steps designed to resist any ecnmi:ani :n 6The new House of Assembly has 170 seats, compared to 160 in the previous House: the elections did not affect the four seats reserved for white representatives ,.f Coloured voters in the Cape. The National Party- won 126 seats, increasing its representation by 20; the United Party representation dropped to 39 seats, a loss of 10 and the Progressive Party retained its single seat, held by - Mrs. Helen Suzman. Both the leading parties in the election campaign advocated1 a policy of white supremacy, and complete white control over all aspects of life in the cotmtrv. The National Party, however, maintained that the p,_.lic' of apartheid, or "separate development", was the only means of continuing white domination. Mr. H. F. Verwoerd. speaking in the House of Assembly on 25 January 1966, argued that the United Party's concept of a united South Africa under xvhte command would ultimately lead to a "head-on collision betsween Black and White such as South Africa has never known before". He added: "In that head-on colli'ion in this one united fatherland ,f all the races the maj,-ri.y group is going to have the svmpathy of all the nation- who are fighting against us tolay, because it is on those grounds that they are fightng against us: that is to say. the African States., the Asian States, the Vestern States, and the whole oi tie U.N." i Republic of South Afri._, H.:,se of .'fAssembly Dcha','s (Hansard), 25 January 1966. c:,l, 66.1 Vcws ' fr,.i: South .Uirca. New York, undated. s Reieence niay be made in this connexion to th0 development of in ternal br,:adea. tno services In November 1965, Prime .iVni-ter Verwoerd opened a new station of tlle Suh African Er,.arca-tina Cor ration at Bloemendal. wvh h is to transmit in nine !a:- euaezc to all 'tart. -,f th:- ,rid The e.A.B.C. is 'o ;'end pt-!lea- 4,40.,; '0 Rane (6,150,000) on necv. external service, called "Ralio RS.A.-The 1-nice 'i ,-,th Africa". Lv S- nember 19y';, the new -ervice is to 'av. --ur 2-11 t-',at "'ra'tnsmitters in oo'rati n. (Soth r. P" D '. Pr'c 'ria, - Novemher 1965: Business Report, New Y,:rr-. 'Mav I'5M . "-' it ha'. f. 'r 'nstance. increased 'toraze facilitie. fo- r'etr,' au, ac'u're a tank.:r, stepped up exil "rati,.n for oil, and ordered in'urance unerw. r r - to retain a ubstantial part of :heir ;,remiure income in South Airica.

32 General Assembly-TwentY-first Session-Annexes 12. As shown in detail in the sections which follow, the Government has proceeded vigorously with ruthless intensification of discrimination and segregation and repression of opponents of apartheid, and continued the build-up of military and police forces. 13. Though the Government has boasted of the alleged calm which prevails in the country and of the confidence abroad reflected in massive foreign investment since the beginning of 1965, there has been grave concern over the danger of violent conflict because of the seething discontent and tension under the surface calm. The danger of such conflict was revealed, for instance, by a few incidents, such as the violence which followed a railroad accident in Johannesburg recently. To quote The Economist, London, cf 6 August 1966: "But then on August 1st occurred one of those incidents which periodically expose the shallowness of :1i calm and give a glimpse of emotions and resentments which smoulder beneath the surface and which could at any moment erupt, with unpredictable consequences, into something like another Sharpeville. A train crowded with Africans travelling to work in Johannesburg from their dormitory township area of Soweto rammed into the back of another. In the old wooden coaches there was chaos: five commuters were killed and more than 450 injured. "As the survivors spilled out into the clear winter sunlight, the heat of anger engulfed them. Matches to paper, paper to wood and within minutes the splintered carriages burst into flames. Then the mob surged forward to hunt down the white drivers of the two trains. One managed to hide, but they found the other and stoned him. As the unfortunate driver. Mr. Van Tonder, fell battered and bleeding to the floor of his cab, two railway policemen sprang to his aid, drew their revolvers and opened fire on the crowd. One African was shot dead and at least one other was wounded. By the time the police had gained control two white ticket collectors had also been attacked and injured and five carriages had been burnt to ashes. Some hours later another train was set alight nearby. That night trains travelling into Soweto carried heavy police guards; even so, some were stoned. "It was not the first time this had happened. On October 4th last year after a train crash near Durban in which eighty-nine Africans were killed, anguished passengers attacked all white railwaymen in sight, stabbing one to death and seriously injuring a signalman. In fact, the whole train service for Africans has become a focal point of racial bitterness . . . it is all part of the politics of inequality. ". ' *incidents such as these do serve as reminders of the inherent explosiveness of the apartheid society." 14. Another indication of the tension is the report, confirmed by the police on 15 September 1966, that a clash had occurred between Africans and the police at Harrismith, Orange Free State, when the police tried to remove the Africans to a new location. Three Africans were admitted to the hospital and several members of the police were injured.10 15. Moreover. 'Mr. Vorster, then Minister of Justice, stated in July 1966 that as many as 5.00 people may have left South Africa for training in sabotage and guerilla warfare and that the danger was when they come back. The police had picked up more than 150 trained saboteurs on their return, but there were others who had not been caught.11 16. In the context of this tension, the further measures of racial separation, ruthless repression and military and police build-up, which are reviewed in detail in the following chaplers, give cause for the greatest international concern. II. Measures of racial discrimination and separation 17. During the past year, the South African Government has continued to implement the mass of discriminatory legislation it had enacted over the years. Instead of abandoning apartheid, as demanded by the competent United \ations 10 Agence France Presse, 15 September 1966. 11 Sunday Express, Johannesburg, 3 July 1966. organs, or even taking a pause, it has proceeded with further measures to enforce apartheid in the few areas of life where luoph,-,le seemed to remain. 18. Thus the Government is, on the one hand, proceeding with removal of thousands of non-Vhites from their homes to the outskirts of cities or the reserves. 19. On the other, it has threatened to tamper with the noinnal representation of Coloured voters in Parliament, to segregate all public amenities evefn against the resistance of local authorities. and to force universities and charitable organizations to impose strict segregation. 20. Some of the main developments of the past year are reviewed below. A. IMPLEMENTATION' .,F TtE GRouP AREAs AcT OF 1950 21. The Group Areas Act, which provides for the forcible separation of racial groups, continues to be implemented actively. Between 16 August 19J5 and 16 September 1966. seventy group areas declarations were published: these orders required the removal of thousands of non-Whites from areas in which they had resided, in many cases for several generations. 22. A few cases are illustrative. 23. In December 1965, notices were served on about 120 Indian families living in Pageview, Johannesburg, requiring them to move to the segregated community of Lenasia, twenty-two miles away. Police "assisted' the operation, as the families resisted accepting the notices. Pageview. a largely Indian residential area for the last seventy-five years, had been proclaimed a "white" group area in 1963. Indians owned 170 businesses there and were concerned that they would not be able to make a living by trading in Lenasia.12 24. On 11 February 1966, District Six, the heart of Cape Town, was declared a white g-oup area,t3 though the Coloured community had originated in this area and lived there for three centuries. The Government claimed that the decision had been made for the purpose of slum clearance. It required the removal of about 5,700 Coloured families: it was reported that many of them would be virtually unhouseable because they could not even afford to pay sub-economic rents. 25. The proclamation aroused great dismay and widespread protests. Sheik Naziem Mohamed, a Cape Town City Councillor representing the area, said on 11 February 1966: "This is one of the greatest blows suffered so far by the non-white people of this country. Apart from the question of having to move away from the centre of the city and being involved in transport costs and subjected to other handicaps and inconveniences, the number of sentimental attachments that will have to be severed is incalculable." He also charged that the order was an encroachment on the religious rights of the Mu~lim community, as three of the largest mosques in Cape Town were in the area and under Islamic law a fosque may not be removed or used for any other purpose.14 26. A group known as the District Six Defence Committee, representing all sections of the population, was established to find ways of meeting the "grave situation".15 At a protest meeting on 21 February 1966 attended by about 1,500 people. a resolution was unanimously adopted calling on the Government to withdraw the proclamation described as callous in its disregard of the welfare, sentiments and interests of the residents of District Six.16 27. The Cape Malay Association protested to the Ministers of Community Development and of Planning. The General Purposes Committee of the Christian Council of South Africa called for a day of prayer and charged that the "people were treated as pawns rather than human beings".17 The Institute of Race Relations (Cape Western region) and the Progressive Party joined in protests. 12 The Star, daily, Johannesburg, 3 and 21 December 1965. 13 Government Gazette, 12 February 1966. 14 The Cape Times, 12 February 1966. 15 Ibid., 14 and 26 February 1966. 16 Ibid., 22 February 1966. '7 Ibid., 23 February 1966.

Agenda itein 3-4 >ý Thc r,-Mcrrrnc nt. o e r re:ected th - ranls rcetsTh- y - f pa:nn e and the Prs7-t I: ev'en refused. to rccve a deputati i-fom the Ca-.City CGuUCiIl 1%hicjo-uh to apea: i. r te rcep i the 79 In*- ..h.* a.d bu2r Mr. N, n --"- 'xD c L'e''' a 5 t-e Tc,wn G Cu andi a "ntra- in termn ox ne -n---.-ez-- of .--'-". Act of k-ern -ut cf Tw D-~~er - rx-- e- .z v a g - a n.- r be-t ,e-: cra aMd prr ted xc x.jat:n o en:e--:r the oroce et a .2, ~ i < Ab, H r.i -:f a? e 5 : x . v r r t , : ' - Dv e - - -:re r Ä. ..- :.e vjrk oftn Lofitmitece -cete to a tasthas a res: of ýtc-rMr~te tsures.< 30. On 2,i: tt r A-:: are -were-r:tit fur. of wi-icihnal 1'e-rrr Mr. G. V. \aidoo. Cha'--'-- L - P-n.-- Irnia Fa spavrce- A"-xa- - .a '-,2he azf daxc 3:. Ma.v cxi the x-ý-m ox L e G ra Äc--- - hadve f:ven. up a -pc-! - D co-u-- or 5 ha the G-vrrn-re.. i - . -nid l uproot t'e cflmnnå-es n s-- t has ;homt%- no ht to ¾'e1apv; to cirr.mivent, advrse- judgmar:z nr to e te-"e c,ý be-' re-:1 ance by ;4ctms 5,to=e. h-ov. ca-r hare -nf----! & ez;-_- ce to ~aa ~ > law a- a mnat-ter of prn-ir. z - '.-- x-Mr St.a5 a irt- r ?re-hde- of tt~_ ra--idn n n Ccng-ezs. . sck man inhs- xis ht has a-rea-_ v ;nved tv. nofofZ tntrtsra-en - _r2fD., nx &rzj-:c t:r--t:r -.D c.b- the orde t ov 0V6 m hr in Fretota, vý. bob e hna- occupied i-,f:. -eva ag-a:n charordc under t.he Groupj Ar-azA- ;n Aue- IW- 3 B. DEs Okt or uerics or xa:, oFy "- --MNPLO~YM'EST Tui AYM- CANS 32. Pur-torn its of .r t eertzte -tenCape for Whites and h oer nia con tnuedrenv1 r- .....a ;=:- rtt the ar~~ BVecase of the temand h S -,.;et-er. wht"e settled famih!,es are rccý-det lange I:tbr it :rratx-ttv rAr,- are br-_ught in ard the rxtmber of frian. er-e area haz- tn '_d to inrasi'4x.c.z4.Aof the tv - -: n cab - A:-.-_- n-Ä' in Ca: Town a rre uX --k- who;a-e t.-,;xrcir- und:er c-n-ral a ýa:cu- - a.enz-h of tiMe.25 There are zui, nz., mnen an:, 4.KY 3.A Scn-a------åtAm-z rak i:n the Ca-:....- * .!r. . A. ra- W~ra'tntcrnrfl, ovei Alri:an rvn Nin ;.az =t- com-leteTh 1NV.. 6 April and 24 May 1956. "H ' 7 Turue 196f6. 2The Stoar di:xban. 29 April! 1966. 4POnr, N5a eittn 8 May 19t6. 23%,ý 2Mr- Sima's statemmnt~~ at, his fict trial, seeA'C.1 LÄ. 24.A- th-2 end of 5:"t-.nb-r 1565 -,here tr s1 fer in Ca-e on or 7.-. n--- -e tn-.-an :n (k -vlv TA--arne;burez 1H ,-'-ermber I? T earC r-nof t;ne PZ.a- 'Mae-traterra C:n1 Tnr. 1966 st-edcc t1-t- were Äf ~Ar:ons in tat aa. as azain;t 8280 at Se IVO census y b1Ärt~t~das a ectnm~ 't--ea äi there waz c\-er,0 0- an --conrntc decine -:n tse XXcztCf Ca *e attc a cer r- ne buz:ness actix-srt. the alm- st mmc tate ffvc.ý wcu b.en the Z'lee in t-e -.urt'cer Gf .Xiican. .cs .34 The Governrnente -s p-ho;v of depriving urb-an .-irxvan-. o-Y at--d r-vrtn-m to trblrcr.es has been pr-z -.r r-.'- u---- ' : rird o-r-re:-ea, 1:., the rth -e.ot In renr-'=- 196-, abcxt 4-5' Af-ic:n ie W. et rtr-'" yre. thm o att's- - canro at Hd han 'o T'-[~ B1 h-) etNci :'. the Ritýt R. C, E. Cco-mher ret yr- d- ----was no azcormtd- on no xa'c: a-d no iool at Marnuthia and that the people hat bten -vitn:u: .o-d :' - '-n- to fire dar, -' W'hen he att-tt- V e-n-r - r-ef by- , ~ unz e! h Goern-rer- -etu-- h= pe-rIvi t en~'ther.r- r tt ver: -A -ed tthare adthat theBio. ra- tterv- n-Ut tunnt :.f the J.Tbc Dc- amtnctcEantu Xdnn rt.-.and D;c r en:n 12 a-a--1966, undertr-k wha åta perhapz the c'-ze- noaf nr ai j frisan. vet oari- ou, in the No-tb-rn. Gpe, by bez ting the remno-al of aku- 2 'men, :rvmnr and children ;:--i he Zarn¾e-i Lo:-tion and sett-le-rn n the Wind-.,.-rt'-, area, a'_u- 31) mies fr, -r Kim3in AU-g-- 15 ,-h Lýa'ab-.ing tribe was moa-ed by i:.-,,rnsevenn- -o m-ic awy The brbz. n!ad o- -:-ett rn~ve f-Dr threte years. Over fifty cJctmen azd sever-a] goývecnment Dfflcäal entered the village, den-,:- ,:-r 'j tA h:'oses and cen'.zre the tribe. 1' 'tration was repor-_-e, t'ý 3-> been -arrfid ett like a C, Dn 31 EC-- t IX BEACHES A.ND FBSE' AaeENIrIES - The Gcrernatent- has co:-t'dmo-ct i-rc tI arlsdin area; wbh-re :t hat not -- -tbeen rizidl'v Al m-n-o e~eJl:vin the Ca-,e. de-pite resistance by local 8. On F, D- -entber 196"-. the MIni-:er of Plarnnor Mrý Hnat. an -uo:dthe alkocation ni beaches 10or the different -uat n gre-tas in te :nt-r 6-al ireas cf Miiner--n Cape '-1-- 11-k>H k 4 adCovrd'cn'z: Ray, the diAls onal oc:._i aroa- ot 1,-- nd 5tcMertesoh, and the a-o. n" n rh- 'to-al council areas ofx Pvrt Eibe :n cm.. g tis dc io,u he -nro-ed th- -'-o- -al- of the cape D - Uunc4 and th Ca e Town G lp- Council and .-e ncrIWh e- ox te ue r. znt-ral beaches to which Va n - --y had accez 'fr. 0 ( -rn-1r-rt-r in the 1 r ~ C- ,compla:ne2 h--a i --hepei'-'e had been giren the m-ost -b -r---us and L "leaza.-, bcache., attd that anr - b-ac>- a11,c:a*er- o f XX le W te had been atocatet univ a ----:-1 - reHd33 39. The Cap-e Tom-n City Counolj pressed i:- "a fairer -n f ba t: nhie mnakingi clear that it w-as 0'-oszd to the P,' Wc; of c~~-ler- s:regat:on of beach fäci:tie; as it ;x-u*c cause bittemnes; and rescenter.nt,34 Eut its re,7resentat:,ns were n:: heedn-d br the Geverfiment. 4t. Ir-x-a6ý t-Go:rn-n introd'o ed a bil to amnend the Re'e; or e r-are A:eitoXt- f1963 to enab!e it to, e-t-- --7 r--- on -t bea,'-< s and c-el unco---- '-a:ve lea! at'- -% *s fe- a-ar-hoe nr-time im-- ttl. Tlhe bill also provie ',Der resAn-ati-fl cof pu* ,tO tpre--;es f--r specified ýThe & or, da'rhansbr 18 Novemrber 1965, zThe Cape T 'es, 22 December 19~(5 The Star, da ¾ .jo.hannesb'årg. 31 December 1965. 30 The Co'-ý- Times. -25~ -t 19-23 sa ýred Vc! i71, Joharaesburg, 24 AXugust 1966. -3 Thf:' Cape T-, it-s, 7 December js f'id, 11 F-brmary 1966,

34 General Assembly-Twenty or unspecified periods and may be applied to such amenities as municipal halls, swimming pools and parks.5 41. On 31 August 1966, the M:nister of Planning, Mr. Haak, amended the bill to exclude from its ambit, "a church ,r rther building used for religious purposes". Mrs. H. Suzman, Pr, ,gr ,sive, said on 31 August 1966: "It's quite clear this Bill will go very much further than Proclamation R 26, which led to such absurd decisions."36 She added that outside of this amendment to exclude churches, "there seems to be absolutely no area which falls outside the Minister's strictures against social contacts across the colour line-except, of course, on the streets or in private homes".,7 42. On 19 July1966, the Cape Town railway station was completely segregated, viih the opening of a new railway concourse for non-white suburban passengers alongside the new station fo- Whites. Coloured and African passengers were separated within the non-white section.3" D. SEGREGATION IN UNIVERSITY SOCIETIES 43. The Government has embarked on further moves to enforce racial segregation in the universities. 44. It may be recalled that the National Party Government had segregated university education by the Extension of University Education Act of 1959 which prohibited non-white students from enrolling in the universities and provided for separate colleges for non-Wlhites. Under that Act, however, non-VNrhites could be admitted to the universities by special permission of the Minister in subjects which were not offered .st the separate colleges. A small number of non-white students were enrolled in some of the "white" universities under this provision.3t' 45. The Governmcnt is now taking legislative steps to prevent the continuation of the traditional practice at the "open" universities, particularly the University of Cape Town, of admitting all students to societies, clubs and sporting facilities wvithout racial separation. It reacted violently to a decision by the Student's Representative Council of the University of Cape Town in l9c3 re:usa4 o, -aiyi', an amendment to the constitution of the Conservative Students' Association ( CSA which provided that only white students could be admitted as members of CSA. and the rejection by the University Council of an appeal by the CSA. The Minister of Education, Arts and Science, Senator De Klerk. warned in a statement .on 17 February 1966: if a Students' Representative Council of the University should threaten to force a conservative group of students to accept non-Whites as members of their association, the Government %sould view such a step in a very serious light- because such action would be diametrically opposed to the declared policy of the Government... per severane with such an attitude could nossibly be a contributory cause towards the reopening of the entire question of the so-called 'open universities' . . . the Government will consider, with or without legislation, to check the efforts of this unbridled liberalistic Students Council who are now being supported by the Univer- ity Council."40 a The bill was published on 25 January 1966, but was held over from the short session of Parliament at that time. It was reintroduced in the new session of Parliament on 1 August 1966. 36 Proclamation R 26 of 12 February 1965 required permits for mixed audiences at any public place of entertainment. (For a discussion of the effects of the Proclamation, see A/3957, annex I, paras. 58-81.) 3t The Cape Times. 1 September 1966. A lawyer was quoted in this newspaper as stating that the bill could be used to require permits for multiracial political meetings and lectures of a general nature before a mixed audience. 38 Ibid., 9 March and 19 July 1966. 31) In 1957 the non-white enrolment of 456 made up 10 per cent of the student hody at the University of Cape Town. In 1965 there were 422 nnn-Whites-290 Coloured, 129 Asian and three African students constituting about 7 per cent of the student body of nearly 6.000 (The Cape Times. 1) February 1966). 40 The Cape Times, 18 February 1966. -first Session-Annexes 46. The students protested against this statement at a large meeting on 25 February 1966 at which the President of the National Union of South African Students, Mr. Ian Robertson, declared that if the Minister insisted on tampering further with the rights of universities, he would meet: "...not only with the resolute opposition of the academic community in this country, but also with the unqualified condemnation of the whole free world, and particularly the great \'estvrn democracies."41 47. Senator De Klerk, however, proceeded \v: th a further warning on 2 March 1966 that the Government contributed 75 per cent towards the finances of the universities and was intensely interested in what happened there. It could not tolerate undesirable contact between Whites and non-Whites nor attempts which were being made to force communist-inspired doctrines on students and to sabotage government policy. He disclosed that the Government was considering legislation to end these undesirable conditions.42 Though the University Council of the University of Cape Town attempted to pacify the Government by appointing a commission to study the constitution of the Students' Representative Council,43 the Government proceeded wvith the publication of two bills on 4 August 1966. 48. The first, the Extension of the University Education Amendment Bill, will prohibit a non-white student at a "white" university from becoming a member of any student association unless it is an academic association occupied exclusively with his course; provide for "ethnic" associations of non-whites at "white" universities; and give the Minister powers to expel a non-white student at a "white" uni,:e7-sity at any time if he considers it "in the public interest". Though the immediate purpose seems to be to destroy the multiracial character of the National Union of South African Students, which has opposed apartheid, the bill has much wider implications. As Mr. J. Daniel, Vice- President of the National Union of South African Students, declared: "It spells the end of academic freedom as it still exists after the many blows which have been dealt to that concept. It brings an end to organized freedom of association on the campus. "It will make it illegal for two people of different races to meet and worship together on the campus. It will be a crime for different ethnic groups to meet for a game of chess or bridge as members of these clubs. "It will now be a criminal offence for a non-white history student to attend a geography society meeting unless he is a geography student. A non-white arts student will no longer be permitted to attend a scientific society meeting- something which cuts right across the very concept of education. "A noi-White at a 'white' university may no longer attend NUSAS functions or take any part in the activities oi the organization. This legislation could well spell the death of NUSAS as a multi-racial organization, which is no doubt the Government's intention,.. "But this is a tribute to the spirit of democracy on tie South African campus, for it shows that the Government has failed in its efforts to convince students of the 'virtues' of racial separation. It now requires all the might of a totalitarian Government to bend the students of this country to its will. "And we will fight this legislation as never before. We are confident we will have the support of all 'decent people', as the Minister of Justice calls them."44 4'i The second, the Universities Amendment Bill, will empower the Minister of Education, Arts and Science to withhold granis-in-aid from any university which has "prejudiced ''r skljhicd to aty form of discrimination" any student, staff member or association advocating racial separation on the campus. rhe Minister's opinion, as to whether there has been discrimination, is to be final. University Councils are to be held responsible for implementing any directives concerning 41 Ibid., 26 February 1966. 42 Ibid., 3 March 1966. ',3 Ibid., 4 March 1966. 44 Ibid., 5 August 1966.

Agenda item 34 35 the carrying out of the prov.sion; of the bill, the main clause of which reads: "No student, member of the staff, aszociatic i )i students or of stat, research worker or other person at any university shall on tile ground that he advocates, promotes -,r maintains ary form of racial separation be prejudiced or subjected to any form oi discrimination by such university or any person or body which may exercise any power at such university Cr in connexion with any activities thereat." E. S--'..eAs..su iN CAR3. tBLE ores' zll-TI, 5' 53'. The I. epartment of Social Welfare 'suages-2-" in April 1966 that charitable organizations should reconstitute themselves on a racial basis, so that white welfare organizations cater only for Whites, and non-white charities would cater to a single racial group.45 The Government, it was reported, ;ntends to introduce legislation to provide mach'nery to enforce its wishes.46 51. On 3 May 1966. the Dir'.tor of 'he South African National Council for the Blind, Mr. S K. Wentworth, announced that the Council had decided to reconstitute itself along racial lines.4 52. The G,vernment's move has caused particular concern because of the scarcity of the non-white social workers and the consequent danger of reduction ,f -ocial services to the most reeJy Fecti,'- of the p'pulatirn, F. Mosts TO CHANGE REPRESENT.TION OF COLOURED VOTERS IN PARLIAMENT 53. Annoyed at the opposition of the Coloured voters to apartheid, the Government is contemplating moves to change the rere-cn-st:,-. of Coloured voters to make it even less meaningwiu. n4. Under the Se;,arate Representation of Voters Amendment Act (No. 36 o f i9J6S, the Coloured cers of the Cape were piaced on a ;enarate roil and entitled to elect four white representatives to the House -f Assembly and two white representatives to the Cape Provincial Counci! " .5. A large section of the Coloured v)ters, f'7Ilowing the eader.hir, or anti-apartheid organizations of" the Coloured eope boycotted subsequent elections in the Coloured con-t.tue:,cizs. The Progressive and Liberal Parties did not contest the elections in protest against the .egrega:ion of the Coloure: Voters and the discrimination against the Coloured people. In the March 1965 elections to the Cape Provincial Council. however, the Progressive Parry entered candidates and w,.n both the seats on a platform opposed to apartheid. This vict ry and the announced intention of the Progressive Party to contest the Coloured seats in the House of Represetatives in 1966 led the G,-vernment to threaten changes in Coloured r-"re-entaticn and mcasure to r r'_vent interference of "white" nar'ies in C.oured constitue:cies. Unter the separate Representation of Voters Amendment Act (N, 72 .f 196r. it wvas provided that the elections in the Coloured 45Rand Daily Mail, Johannesburg, 21 April I96 46 The Cape Times, 19 April 1966. 4TIbid., 4 -May 1966. The Rev. H. V. Bekker, a member of the Council's national executive committee, said that he doubted whether at this stage the Coloured people on the Council would be able to cope with their section as there were far more blind Coloured people than Whites. "Our problem is not political", he added: "It is one of sound human relationships. We have been blinded by politics." i Apartheid News, London. June 1966.) 48As of 1 January 1961, there were 24.043 Coloured men voters registered on the separate roll in the Cape province (Republic of South Africa, [louse of Assenibl. Delates (Hansard). I7 February 1961. col. 147?). In Natal. on the same date, 511 Coloured men were registered on the common roil (ibid.). No further Coloured voters were registered in Natal. Coloured men in the remaining provinces, and Coloured women all over the Republic, are not entitled to register as voters. constituencies would be held at the end of the five-year terms of the representatives and not during general elections.4" no. Mr. P. XV. Botha, then Minister of Community Development, told the Cape National Party Cingre_5. on 15 September 1965 that the Government had always taken the standpoint that it was bound to the maintenance of the arrargeintot made a number of years ago for the representation of a limited number of Coloured voters who had jreviouly qualified, but warned: "If this limited representation by Whites is misused by the Opposition and the integrai,,nists in increasing measures, as an argument to attack the National Party's policy as .<.gical, the time will come when the basis of this repre'entation wvill have to be re-'rnsidered."'a The Government is reported to be contemplating indirect election of Colcured representatives by the Coloured Per-,ors Representative Council.5' i7 The Government k taking various steps to ensure that the representation of the Coloured people, among whom the National Party has little following, should not add to the strength of the Opposition in Parliament or provide the Coloured people with opportutiie for meaningful participatio.: in the nation's political life. 8 The Government promulgated regulations on 3 September 1965,52 under the Coloured Persons Education Act ("'o. 47 of 1963) prohibiting Coloured teachers from '.,ecoming members of or taking part in the activities of the existing political parties.55 The significance of these regulations was explained by Dr. Jan Steytler. national leader of the Progr- ive Party, who said on 3 September 1965: "Among non-\Vhitcs, teachers are, because of bars and handicaps in other professions, a much higher proportion ',i the intelligentsia than in the white group. Barring teachers means to a great extent, barring leadership.'54 59. The Department of Coloured Affairs promulgated regulations in the Government G azett- on 15 September 1965, barring any person from holing, presiding at or addressing any meeting or gatherina in the rural Coloured areas at which more than five persons are present or permitting his home or land to be used for such purposes without the approval in writing of the Secretary of Coloured Affairs. (Under previus regulations, Members of Parliament and the Provix'cial Council had been exemp'ed from the prohibition against ho1ding public meetings without permission.) Mr. 0. Wollhelm. Member of the Cape Provincial Council, charged that these regulations were "obviouly aimed at the Progressive Party. now that two of its representatives have been elected tO Iie Cape Provincial Council by the Coloured people."n5 60. On 19 September 1966, the Government introduced in Parliament the "Prohibition of Improper Interference Bill" providing that no person can be elected as a member of the House of Assembly or the Cape Provincial Council or nominated a- senator to rcpre-ent Coloured vters. if he had 49 The last general elections were held in March 1966. but elections were not held in the Coloured constituencies as the terms of representatives end in October 1966. 50 The Cape Times. 16 September 1965. 51 Ibid., 13 June 1966. For a review of the Coloured Persons Representative Council Act of 1964, see Official Records of the General Assemblv, Nineteenth Session, A-lnexes, Annex No. 12, document A/5825, paras. 261-27S. The Council, which is to consist of thirty elected and sixteen nominated members, is expected to be established late in 1966 or early in 1967. -"-'Governinent Gazette. 3 September 1965. 53 On 2 September 1965, the Minister of Coloured Affairs, Mr. P. XV. Botha, said that there would be no objection to Colurrd teachers becoming members and taking part in a sensible way in the activities of "Coloured" political parties which s'ught to achieve their aims and objects by constitutional means. (The Cape Times, 3 September 1965.) --I The Cape Times 4 September 1965. It may b2 noted further that Mr. F. P. Joshua, president of the Cape Teachers A'socation. which renresents 1,000 teachers in the C,lourcd Affairs Department, said on 28 June 1Q66 that it was believed that the Security Branch of the Police had a file on every Coloured teacher in the Republic. (Ibid.. 29 June 1966.) 5, Rand Daily 'Ja1', Johannesburg, 23 September 1965.

36 General Assembly-Twenty-first Session-Annexes been a member of or in any way connected with a political party of the white population group during the three years preceding his nomination as a candidate.56 The immediate purpose of the bill was to prevent the Progressive Party from contesting the elections for the House of Representatives in the Coloured constituencies in October. As only Whites can be elected, they must in effect be non-partisan and politically inactive. 61. In addition, the bill contains more sweeping provisions. It provides that no person may engage directly or indirectly in the following activities in any population group except the one to which he belongs :T (a) assistance in registration of voters; (b) taking part in or helping with the establishment or organization of political parties or groups; and (c) taking part in the political activities of members of the group. 62. Political parties will belong to one population group and will not be able to help or oppose the political parties of other population groups. Members of one population group may publicize their own political convictions to other population groups, but such activity should not be in support of a specific candidate at an election. 63. Members of any group may criticize the actions of the Government of the day, but a member of a population group other than the population group out of which the Government is constituted cannot criticize the political party of which members of the Government are members. In other words non-Whites cannot criticize the ruling white party. 64. The penalty for a first conviction is a fine of not less than 300 rand or more than 600 rand or imprisonment for a period of not less than six months or more than twelve months. For a second or subsequent conviction the penalty is a fine of 1,000 to 2,000 rand or imprisonment of one to two years. A second conviction may also result in disenfranchisement for five years. 65. The provisions of the bill are not applicable to registered newspapers. The Minister of the Interior is empowered, by notice in the Government Gazette, to exempt any person or class of persons from the provisions of the bill. 66. The United Party opposed the bill at its first reading. In a statement issued on 19 September, Mr. S. M. Connan, chairman of the United Party Coloured Affairs Group, said that this proposed legislation would make South Africa look "stupid, ridiculous and foolish". Mrs. H. Suzman, Progressive, said that it would have the effect of "amputating the Coloured people from the South African body politic". She added that "a good deal of the bill is unintelligible and what is intelligible is unspeakable". 67. On 26 September, the Government announced that it had reached an agreement with the opposition United Party to refer the bill to a Select Committee for consideration and report by 31 March 1967. It would be replaced by an agreed bill to extend for up to one year the terms of the sitting members of Parliament representing Coloured constituencies.58 G. IMPLEME TATION OF THE IMMORALITY AcT 68. The harassment of people under the "Immorality Act" which prohibits sexual intercourse between members of different racial groups continues. Two recent cases, in which the magistrates have found grounds for acquittal, are illustrative of the humiliation and embarrassment caused to victims of the zealousness of the police. 56 The sitting members are exempted. 57An explanatory memorandum on the bill says that for purposes of the bill the Republic is divided into four population groups-White, Bantu, Indian and Coloured-on the basis of classification in terms of the Population Registration Act of 1950. 58The Star, weekly, Johannesburg, 1 October 1966. The national committee of the Liberal Party had decided earlier to dissolve the Party immediately after the bill became law as non-racialism was fundamental to the party. (Ibid,) 69. Miss Willyoumine Thorpe, a twenty-four-year-old woman classified as Coloured, and Mr. K. Borgotte, a German immigrant, who had been living together and had an eight-month-old child, were brought to court recently under this Act. Miss Thorpe said that her parents were mixed and she was classified as Coloured as she wanted to be the same as her parents and sister. But she had always been employed as a White and had associated with Whites. She could not marry Mr. Borgotte under South African laws and they intended to leave the country. 70. At the suggestion of the defence counsel, the magistrate examined Miss Thorpe in natural light outside the Court, and acquitted the couple after accepting her for the purposes of the case as a white person under the definition provided in the Act.59 71. In another case which lasted from May to August, the Deputy Mayor of Vereeniging, Mr. Peter Mitford Collett, and a seventeen-year-old Coloured girl were charged of an offence under the Immorality Act. 72. In a four-hour address to the Court, the defence counsel argued that Mr. Collett had merely given the Coloured girl a lift in his car, and that the act should not be interpreted as an impenetrable barrier to any form of association between different sections of the population. He added : "This act is not intended to cut off any gesture of synipathy or kindness by a white man towards a non-white woman. It would be a sorry day for this country if a white man seeing a non-white woman in urgent need of help should leave her lying in the gutter and deprive her of his help because he was afraid some policeman would arrest and drag him through the courts with all the attendant unpleasant consequences and repercussions." 73. The magistrate acquitted the accused in view of contradictions in the evidence of policemen.60 1. DEVELOPMENTS IN THE TRANSKEI 74. The bantustan experiment in the Transkei, described in earlier reports of the Committee,61 is being continued under strict control by the Republic's Government. The Matanzima Government remains in power despite its failure to obtain a majority support among the voters. Proclamation 400, which provides for detention without trial, has been retained in force in view of the tension in the territory, and between January and April 1966, a total of sixty-two Transkeians were detained by the South African authorities.62 75. The Government has issued two proclamations during the past year to promote the development of Transkei as a tribal state. 76. The first proclamation, issued on 31 December 1965, dealt with the problem of the white towns and villages in the Transkei by zoning.63 Ten towns and villages were zoned to 59 The Cape Times, 17 August 1966. 60Ibid., 26 August 1966. 61 Official Records o the General Assembly, Eighteenth Session, Annexes, addendum to agenda item 30, document A/5497, paras. 97-153 and ibid., Nineteenth Session, Annexes, Annex No. 12, document A/5825, paras. 340-365. 82The figure was given by the Chief Minister of the Transkei, in reply to a question in the Legislative Assembly. (The World, Johannesburg, 8 June 1966.) On 24 February 1966 the Commissioner General of Police, Lieut.-General J. M. Keevy, announced that five members Of the Transkei Legislative Assembly, all belonging to the opposition Democratic Party, and two other Africans, had been detained under Proclamation 400 on charges of alleged conspiracy to murder Chief Matanzima. The five members of the Legislative Assembly were released on bail on 25 April and resumed their seats in the Assembly. The trial was reopened on 6 June 1966 in the Supreme Court at Grahamstown, and on 10 June 1966 two of the accused, Mr. Jackson Nkosiyane and Mr. Nicodemus Nogcantsu, were each sentenced to seven years' imprisonment. An application for leave to appeal was granted but bail was refused. (Rand Daily Moil, Johannesburg, 26 April 1966; The Cape Times, 11 June 1966.) 85 Government Gazette, 31 December 1965.

Agendi become entirely African and thirteen were to be zoned into African and white sections. Three others (Matatiele, Port St. Johns, and Umzimkulu) were to remain White. 77. Representatives of the Whites, particularly Mr. T. Gray Hughes, United Party member of the House of Assembly, pressed for government funds to buy out white properties in areas zoned African so as to avoid Whites from being obliged to remain in those areas. They complained that there were not enough buyers for their properties. The Minister of Bantu Administration and Development, Mr. M. C. Botha, stated that in the last two financial years the Government had provided nearly 3,000,000 rand for the expropriation of white properties in the Transkei. He added that so far 256 white trading stations had been offered for sale and of those 140 had been bought for 798,000 rand.64 78. The second proclamation, issued on 1 April 1966, transferred to the Transkei Government all the land and property in the Transkei which had so far been vested in the South African Bantu Trust.65 It excluded, however, land or property containing prescribed, restricted or strategic materials or minerals. 79. While taking these steps in line with its declared policies, the Government has continued to be vague about the pace of further developments. It was, on the one hand, under continued pressure from the United Party which has held that independent bantustans might become bases for hostile forces66 and endanger the Republic, and, on the other, under a compulsi, n to adhere to the propaganda that it sought unlimited development for the Africans in their "homelands". 80. The Government's position is that it would be prepared to grant independence to the Transkei "at the right time".67 Prime Minister 'fr. Verwoerd explained in a broadcast on 4 April 1966 that in promoting self- government in the Bantu homelands "the Government, acting as guardian, will not allow itself to be driven to such undue haste as had led to disastrous results elsewhere in Africa .... The development of the Bantu homelands must be such that it will promote the real well-being of all members of each national entity. Such a spirit of goodwill and realization of economic interdependence, must grow so that a form of organized co-operation and consultation will come naturally".68 Earlier, on 22 March, Senator de Klerk, Minister of Interior, declared that the South African Government had not yet granted the 6e Cape Times, 5 August 1966. Earlier, in reply to a question in the Transkei Legislative Assembly, the Minister of the Interior, Chief J. Moshesh, was reported to have said that Africans who wished to buy properties in the zoned areas of the Transkei towns could, with the permission of the Minister for Bantu Administration and Development, obtain loans from building societies. (Ibid., 27 April 1966.) 65Government Gazette, I April 1966. 68Speaking on a no confidence motion in the House of Assembly in January 1966, the leader of the Opposition, Sir De Villiers Graaff, said that the granting of independence to bantustans would be dangerous for the Africans as well as for the Whites. The Africans would become foreigners in their own country; while the Whites would become surrounded by many hostile and envious African States, which might seek assistance from other outside powers. (Republic of South Africa, House of Assembly Debates (Hansard), 25 January 1966, col. 38.) Another Opposition member, Mr. S. J. M, Steyn, said that the Government's magnificent plans for new factories and dams were all dependent upon Bantu labour. "At its best the bantustan can be no more than a remote corner where the poor, under-privileged Bantu will be restricted, filled with envy of the rest of the Republic of South Africa and with resentment in his heart, because he will know that the riches of the Republic are being provided by the labour of the Bantu who works for the Whites in the land of the Whites. That is the state of affairs which will be created. That is the most frightening glimpse one would have of the future of South Africa, this juxtaposition of poverty and riches, with the poor granted political power by the Prime Minister with the political organs by means of which to express their resentment in the wrong places, against the Republic." (Ibid., col. 84.) 57 Statement by Prime Minister Verwoerd, (Ibid., cols. 65-66.) 68Rand Daily Mail, Johannesburg, 23 March 1966. Transkei a single essential right enjoyed by a sovereign, independent State, nor had it said that it would give full sovereign independence to eight Black States or give it soon. "We shall first have to see how the Transkei's affairs go. Independence might come to the Transkei in 10, 20, 50 or 100 years-and in all there might eventually be two, three, four, seven, or eight black States in South Africa."69 81. Meanwhile, there has been dissatisfaction in Matanzima's Transkei National Independence Party, over strict control by the Republic's Government on most matters. The banning order issued on 14 October 1965 on Mr. C. M. C. Ndamse, a leading African educator, frustrating the decision of the Transkei Government to appoint him professional assistant in its Department of Education, aroused protests.70 82. Branches of the Transkei National Independence Party adopted resolutions calling for full independence. Mr. J. Z. Kobo, a supporter of Mr. Matanzima, who advocated independence in 1967 with the right to join the United Nations and the Organization of African Unity, was questioned by the Special Branch of the Police in January 1966.71 In April 1966, Mr. S. M. Sinaba, the Government Chief Whip, and Mr. J. Z. Kobo resigned from the Transkei National Independence Party and announced that they would form a new party, the Transkei People's Freedom Party.72 83. Paramount Chief Matanzimna7a denied rumours that the Cabinet or his party had split on the issue of independence and that the party had sought negotiations with the South African Government on independence. He attempted to win support in the territory by declaring that his Government sought the removal of Whites from all aspects of economic and political life in the territory in order to provide greater opportunities for the African population, and by asking for the transfer of greater powers. 84. In May, a government motion asking for the transfer of three more Departments was passed by 46 votes to 32 in the Transkei Legislative Assembly. Government speakers stated, however, that it was not intended to take them over immediately in the next year or two, but merely to give the South African Government an indication of the feelings of the Transkei people.74 85. Chief Minister Matanzima claimed on 20 April 1966 that the day was not far off when Bantu would control all the police stations in the Transkei. A week later, he told the Legislative Assembly that within ten years the Transkei would have African administrators capable of managing the affairs of the territory.75 The Minister of Justice, Mr. George Matanzima, told the Assembly on 10 May 1966 that he would announce in the near future the appointment of the first Transkeian citizens as magistrates.O 86. While hopes of greater self-government are thus spread by the Transkei Government, the budget of the terri69 The Cape Times, 5 April 1966. o Subsequently, the Minister of Justice agreed to lift certain provisions of the banning order to allow Mr. Ndamse to take a post in the Transkei Department of Education, but not the post to which he had been recommended by the Transkei Public Service Commission. T' Evening Post, Port Elizabeth, 29 January 1966. 72 The Star, daily, Johannesburg, 22 March and 5 April 1966; Rand Daily Mail, Johannesburg, 26 April 1966. In May 1966, Mr. Sinaba moved a motion in the Legislative Assembly calling for independence after a year. The Government amendment that Transkei was not yet ripe for independence was carried by 49 votes to one. The Opposition Democratic Party abstained on the motion and called for full citizenship rights for all in the Republic. fl It was announced on 4 April 1966 that Matanzima had been made Paramount Chief. (The World, Johannesburg, 4 April 1966.) 74 The Cape Times, 24 May 1966, and South Africa Digest, Pretoria, 3 June 1966. The motion covered the Departments of Posts and Telegraphs and Transport and Information. The Department of Health had been the subject of an affirmative vote in 1965. The Transkei Constitution allows the territory's Government to hold a maximum of nine departments, . The Cape Times. 27 April 1966. -61bid., 11 May 1966.

38 General Assembly-Twenty-first Session-Annexes tory for 1966-67 introduced on 4 March 196, showed the his African clergy had complained of "informers" in their cxtent of its dependence on the Republic's Government. congregations.80 The Anglican Bishop of Kimberley, the Rt. Tralske '. own revenues covered only 3,433,000 rand of an Rev. Edward Crowther, a United States national, was threatestimated expendture of 16not.t01_ rand. The budget was to ened wth harassment because of his concern for Africans be balanced by a grant of 10,466,000 rand from the Republic's displaced from their homes. The Government refused to grant Government and the surlus from last year. - him a re-entry visa in August 1966 when he had to leave for a lecture tour in the United States. 11. Repressive measures against opponents of apartheid 93. As Dr. Ben Engelbrect, assistant editor of Pro Veritate, 87. The South African Government has continued with an independent religious magazine, wrote in an editorial in the course of cons:ant intensification of repression against August 1966: the leaders of the non-white population and all opponents of "From the credo oi apartheid there issues an angry conapartheid, tempt of dissentient elements, regardless of whether they 88. Some are -tied under arbitrar laws which violate all liagree on the basis of convictions which may be uncanons of justice and have become an essential element of deniablv Christian and Biblical. the apartheid policy. Many others are harshly punished by "Apartheid is being elevated to the status of a national adminitrative action alone, without recourse to Courts or aith to such a degree already that dissenters are branded even tie statement of reasons. Score, of persons have been eneries of the people without further ado: and inasmuch detained and kept in solitaryconfinement for no reason but as theyare Christian believers, the integrity of their belief that the Government claims to consider them possible vit- is under the gravest suspicion. ne,-c,. About (10 have been placed under house arrest or "Apartheid has unleashed a hate propaganda campaign, ervc;l with banning orders, and the restrictions on them have not only against its opponents, and political sceptics. but become increasingly intolerable. A number of persons have even against Christians and churches who refuse to subremained under indefinite banishment.75 The treatment of stitute the idea of apartheid for the one eternal Gospel or prisoners in gaol; has continued to be a cause of gravest to allow it to be defiled by its heresy."'I anxiety. 94. A second observatixi which needs to be made is that 89. The developments in these respects are reviewed in the ruthless measures of the Government have taken such a the following sections. Attention oay, however, be drawn turn that they seem directed not only at suppression of rehere to a few aspects of the present situation sistance, but increasingly designed to wreak vengeance against 90. The logic of apartheid has led the Government to the opponents of apartheid. spread the net of repression wider and wider. Q5. Opptens of apartheid are harassed mercilessly and 01. Under the notorious Suppression of Communism Act, conztantly through court actions, arbitrary imprisonments and the Government has victimized not only counlists but restrictions, and ill- treatment in prisons. Entire families are numerous other persons xw-hose only offence is resistance t, victimized. The lives of the victims are made so intolerable apartheid or even to specific actions of the Government in that many have been obliged, with great reluctance, to leave the name of apartheid. f The Government has even begun to their homeland on exit permits which prohibit their return.82 take action against persons and organizations for assistance 96. There is little assurance that the opponents of aparto the victims of its tyranny, as in the cases of the South theid can regain liberty and resume normal lives even after African Defence and Aid Fund and several lawyers who serving long sentences in prison. They are tried again on new defended political prisoners. charges or retroactive laws or placed under house arrest 92. Churches and churchmen are no more immune to arbi- and banning orders or detained without any charges. Except trarv ,:i,n. The Anglican Bishop of Johannesburg, Dr. for the few who succumbed to pressure and became informers, Leslie Szradling. disclosed in November 1965 that several of they face the prospect of indefinite persecution unless they can leave the country. It is apparently this prospect which 'tSouthern Africa. London, 16 May 1966, p. 370, led Mr. Benson Ndimba, a leader of the African National 78 In May 1966, 'Mrs. Jean Sinclair. national President of Congress in Port Elizabeth. to tell the Court: "I do not inthe Black Sash movement, sent an appeal to the State Presi- tend to plead for mercy and do not care whether I am sendent for an amnesty to the "forgotten people"-the thirty- tence to ten or fifty years.''- four African men and women who had been banished from their homes under the Native Administration Act of 1927. She said: "They have been convicted of no crimes and yet they are banished far away from their homes. And the worst thing of all is that their sentences are indeterminate-they do not know if or when their sentences will end.... "One of these men has been banished for fifteen years now. He is a very old man and in poor health. Another has been banished for twelve years and is mentally unstable -he is unable to accept or understand his conditions of banishment and has been sentenced several times for wandering away." The Government, however, took no action. (Rand Dail' Mail, Johannesburg, 17 June 1966; The Star, daily, Johannesburg. 28 June 1966.) T0The Suppression of Communism Act is ostensible designed to prevent persons from furthering any of the objects of communism. But, as Mr. Alan Paton, President of the Liberal Party, said recently: "Some of the objects of communism would be the same as some of the objects of any Government imaginable, including our own. "It appears to me that the Minister of Justice would be able t. ban almost any persons who took any interest in politics or social welfare. "It is because the law is so thoroughly bad that the courts ire prevented f-om passing any judgement on whether the Minister was justified in the action he has taken. "It is a fine situation, is it not. when the law of the land is used to silence the courts of the land." (The Star, daily. Johannesburg, 9 July 1966.) 97. Much inhumanity has come to light, but the Governmnent has generally failed to attempt to meet or answer public concern. It seems intent on conditioning the white public opinion to cruelty and to spread fear among the non-Whites and other opponents of apartheid as a safeguard against resurgence of open resistance. 98. Finally, one of the most disturbing aspects of the recent situation has been its effect on the legal profession and the judicial process. 99. While some members of the Bar have courageously opposed the inroads into the rule of law. many others scem to have succumbed to fear of the Government or seem to share its view that the application of the rule of law is inappropriate in this 'energency'. 8 Southern Africa, London, 8 November 1965. ,' Quoted in Sunday Times, Johannesburg, 14 August 1966. .12 Exit permits have been granted to many opponents of the Government's racial policies. Mr. Vorster, then Minister of Justice, said in July 1966: "As far as I am concerned, the more communists who quit South Africa the better." (Sunday Express. Johannesburg, 24 July 1966.) Many of those who have left on exit permits had not been accused of affiliation with the Communist Party, but presumably fell under the Government's definition of communists. sa Mr. Ndimba was sentenced to four and a half years imprisonment in May 1966, after serving thirty months in prison for ANC activities. (Anti-Apartheid News, London, June 1966.)

Agenda item 34 100. The Association of Law Societies of 5'_uthern Afri a There is no refused to oppose the bill which armed the Minister _f Justice that they la with the power to debar members from the practice of the lacking in th legal profession on political grounds because, as it said, of of the impEc "the special circumstances which presently prevait".> The ideals c4 ind Transvaal Law S, cieetv rtu -ed even t, p-o:est agatns: the would be wr, arbitrary ban imposed on M:ss Ruth Hayman, an atr.:,rne to 1e politica whose only offence was that she defended a number of political pla:r The id ,:isoner'. the refusal being based on it- stated view that the and warp of Snciety could not involve .tse:f in a political di<'ute about '.-rvng for a the ex-ten-e or non-existence of an emergency in Suth great legal sx Africa.85 in :ear and ha n er and 101. The pNwe. of the Courts has been made largely, if have n:terzre 'hc ,e resound not wholly, ineffective, by reason of a mass of repressr re legislation which denied them any jurisdiction, whereas the n:iced and m Government ha. not hesitated to use it to implement other -, ,eak. but the legislation to its liking, but which patently violates the iunda- "There is ar mental principles of te rule oi law. Effective use of the been dangerou Courts, where it is convenient, has h'ped the Government to to the courts deceive public opinion. But the judiciary notorious as an the courts ha institution serving the cause of atar:heid-the judges and gramme of la magistrates are all white-has byslow ercs~on 1,st even the cerned now w independence maintained by it in the past. especalv a: the the fact that t higher levels, and has nere-re become th. ha:.dmaiden cLf a ma:.y people racially inspired Government. th fault of t 102. Even ws1ithn the 'im t of the languag: of thie laws, courts have n the judiciary has more often than no, tended to a-cept a- even faintly interpretation less concerned with the rights of the victi s There have be than those of the -p-res-ive regime, presumabiv on the have spoken o: assumption that the police ,,wer ot the State was --,f greater on so me occas significance in the present emergency, and that the rights They added: of individuals must give wtay before it. "'In the fir-: 103. The Courts have freely admitted evidence of w:t- signed to prese nesses whose testimony has been obtained after a threat oi about them... detention or who have in fact been detains .d under inbuman and dras.Aca!ly conditions, notwithstanding the overwhelming evidence of of Parliament undue pressure by the police in the procurement of such these measures evidence. Such evidence has been decisive in numerous cases, and cannot clai The judges have turned a blind eye to even the most brutal tion which app treatment of detainees when brought to their attention, emergency and Whether they have given up in despair any attempt to uphold vanishing libert the law in view of the prevalent practice of the Government Court appears to meet judicial restraints with fresh legislation or whether rights for as Io they are themselves the victims of the dominant opinion in about the perm the white community, the result has been the inevitable and a situation in N increasing loss of confidence in the judiciary, between the pr 104. Mr. A, S. Matthews, Professor of Law in the Univer- the power of t ity of Natal, and Mr. R. C. Albino. Professor of Psvchology subversion. Thi at the University, wrote recently: people for activ allow, but enco "We have to face the fact that some South Africans may to Aaw this fno have lost faith in the courts. The line of cases already discussed in this article does not present a picture of judges fired by ideas of individual liberty or personal sanctity. -10). Not conte 84 South African Digest, Pretoria, 25 February 1966. with which it ar 85The Sunday Times, Johannesburg, commented on 31 the policy of apa July 1966: legislation in the "If a Road-gangers Union gave this reply we could Amendment Actsunderstand it. But the Law Society is a very different kind prisoners after co of body; and its members have a greater duty to the rule of existing repressiv, law than to party politics. arbitrary. A Radi "The Law Society is not a sports club in which members of varying political, religious or other views meet on neutral 1, The Supprcssio ground. It is a bodyof men whose dailylife is supposed I'n. The Suppr to be dedicated to law and justice. There is no room in dclined to exten such a body for the flaccid statement that 'open trial before -was approved by a judge minimizes the danger of punishing the innocent but which was first e this brings us back to the socio-political problem whether whice to detain in present conditions the legislation in question i- right Justice to or wrong ..of Communism "We quite believe that some members of the Law Society aity of the Scat are prepared, for political reasons, to accept the attack oil the sentence if lie the rule of law. Should a Law Society that is worth its encourage any of 1 cal: defer to their opinions? be known as the "Members of the Law Society who do object to the banning of one of their members without trial ought to come A. S. .Matthes out and say so. The fact that others refuse to go along the Temporary" in with them is hardly a reasoti Ior preventing the Law 1966. Society from doing its duty, .R Ibid. assertion here that the judges are partial or ck integrity. \'hat does seem to have been e cases analy-sd above is an imaginative grasp rtions of z . Vary confinement and of Wc'tern ividual freedr. It may be argued tlhat it 7.g for judge, to have regard for what a-.ear I values. TB - an-wer to such an arz:nnIt i' eal of which we speak is - .rt -.f the wx.f Roman-Dutch law and it can surely never be judge to give effect to the very ,oiri: oi that -tem unless Parliarcn- fi,.rbid. him to do so unambiguous terms. In recent years the courts ted laws which have cried out for one oi ing defences of individual liberty in the digajestic language in which judges sometimes opportunity has been passed by. tother reason why faith in the courts may have sly weakened. Men have over the years looked for protection of basic rights. In South Africa ve had to enforce and apply a heavy- prows which deny basic rights. We are not conith the reasons for the laws but merely with he courts have become an instrument for' what regard as ,pp-e-iV legi>laion. This is not he courts, but it i- hard to deny that our ot shown themselves to be the reluctant, or roubled, instruments of the enforcement ... en many occasions in the past when judges f laws with a stem voice of disappro-al and ions their protest must have had influence."56 place, the so-called emergeny measurcs derye order have an amazingly permanent look Laws allegedly designed to preserve order. limitirg individual rights, have flowed out in a stream of growing turgidity. Many of are a permanent feature of the legal system m the title 'emergency legislation'. The situaarently c'-nfronts us is that of the permanent there is no sign of respite but rather of ty and permanent insecurity... Instead. the to have authorized the neglect of individual ng as one can foresee... Our final comment anent emergency is that it has brought about vhich it is no longer possible tw distinguish eservation of order and the preservation of he ruling party and between opposition and e judicial and extrajudicial punishment of ifies which a democracy should not merely urage. makes it difficult., if nit ioninsible. A, NEW LEGISLATION nt with the mass of arbitrary legislation med itself for punishing the opponents of rtheid, the Government has sought further form of to Suppression of Communism -one to extend a provision for detention of mpletion of sentences and another to make e legislation even more far-reaching and o Amendment Bill has been introduced. 'n of Communism A nendnrent Act of 1966 esion of Communism Amendment Billd the "Sobukwe clause" for another year Parliament in February 1966. This clause. nacted in 1963, empowers the Minister of a person convicted under the Su)ri.s-ion ct. or of certain other crimri az.e -:he t:. for further periods after the ex,,i-v of is "likely to advorate .dvis. defend or :he objects of communin"t It has conic to "Sobukwe clause" a. only M:'. Robert vs and R. C. Albino, "The Permanence of the South African Law Jaurnal, February

General Assembly-Twenty-first Session-Annexes Mangaliso Sobukwe, leader of the Pan-Africanist Congress, has been detained under it since 1963. 107. The Minister of Justice stated in defence of the bill that for security reasons he did not consider it advisable to release Mr. Sobukwe. Mr. Sobukwe, he said, was still regarded as the leader of the Pan-Africanist Congress and would undoubtedly resume his subversive activities as he had not changed his attitude. The Opposition United Party members, opposing the bill, stated that they did not advocate the liberation of Mr. Sobukwe but felt that there were other ways of dealing with him.88 -. The Suppression of Communism Further Anendment Bill 108. Another Suppression of Communism Amendment Bill was introduced in Parliament early in 1966, deferred and reintroduced on 12 August 1966. It provides for the debarring of anyone listed or convicted under the Suppression of Communism Act from practising as an advocate, attorney, notary or conveyancer. It provides that if a person has had cornmunication with a "listed" or banned person he will be presumed to have known about the listing or banning unless he can prove to the contrary. Another provision seeks to prohibit any banned or listed person from receiving or making any financial contribution for the benefit of, being an officebearer in, or taking part in the activities of any organizations specified by the Minister of Justice. The bill further lays down additional grounds for deporting South African citizens who are not South African by birth or descent. 109. The bill would seem to have far-reaching implications. No less than twenty advocates have been listed as Communists under the Suppression of Communism Act and half of these have left the country, and some others are in gaol or on trial. The debarring of those who are able to practise despite various restrictions placed upon them by decisions of the Minister of Justice, would make the legal defence of opponents of apartheid even more difficult. Moreover, the bill would affect a number of others who, though not communists, have been convicted and may be convicted of any of the many offences under the Suppression of Communism Act or may be listed by the Minister under his arbitrary powers. 110. The provision on communication with banned persons would make it more difficult for persons charged under the Suppression of Communism Act to prove their innocence. About 600 opponents of apartheid are "listed" or banned, and banning orders continue. Up-to-date lists of those listed or banned are not available. The difficulty of avoiding harassment under this provision can be imagined. 111. The bill has aroused strong protests in South Africa and abroad.89 112 In a joint statement issued on 28 January 1966, the Cape Town. Natal and Johannesburg Bars said: "Ihe bill will restrict the hitherto unfettered jurisdiction of the Supreme Court to decide whether a person is a fit and proper person to commence or carry on legal practice. "The Supreme Court has, throughout South Africa's histn"y. on the application of the societies of advocates or of the law societies or of the Attorney-General, exercised this jurisdiction with proper regard to all the circumstances of the particular case before it. "The bill is therefore unnecessary and an unjustified reflection upon the adequacy of the Supreme Court to discharge its duties. It may well discourage some practitioners from carrying out the duties of the court and to the iublic fearlessis' and without regard to the popularity or otherwise of the case entrusted to them. Sa Republic of South Africa, House of Assembly Debates (Hansard), 2 February 1966, cols. 566-576. 89 The comment by the International Commission of Jurists was quoted in the Special Committee's earlier report (see A/5957, annex I, para. 104), "It is an unwarranted interference with the administration of justice."90 113. The Law Students' Council of the University of Witwatersrand decided in June 1966 to record its "extreme disapproval of, and opposition to, the terms of the proposed bill" and stated: "Political beliefs should never be the absolute criterion for withholding the rights to practise. "In the past, the Supreme Court of South Africa and the professional legal bodies have shown themselves zealous of, and able and willing to protect the integrity of the profession by taking immediate action against practitioners guilty of professional misconduct. "The effect of the bill would be to discourage lawyers from defending political accused for fear of being associated with the beliefs underlying such trials, and thus becoming victims of the provisions of the proposed bill. "'The proposed bill would deter law students from indulging in legitimate political activities." The Minister of Justice refused to see a deputation of the Council.9 114. Mr. Jack Unterhalter, Chairman of the Transvaal branch of the Liberal Party, said that it was only one step from this bil to exclude banned people from practising law. "Any lawyer taking part in politics will then expose himself to the wrath of the Minister of Justice and can find himself without a profession. The level of political activity among lawyers would fall considerably because of this.'t12 3. The Radio .,mendmneit Bill 115. In August 1966, the Minister of Posts and Telegraphs, Dr. Albert Hertzog, reintroduced the Radio Amendment Bill in Parliament. It would empower the Postmaster-General to publish a list of radio stations which transmit broadcasts which may "disturb the peace, order, or public safety in the Republic," or may "be injurious to the morals, religion or morale of any section of the population of the Republic, or may prejudice any industry or undertaking in the Republic". It would make it an offence for anyone resident or working in South Africa from assisting such a station directly or indirectly. It provides for a penalty of up to six months' imprisonment, or a fine of 2,000 Rand ($US2,800) or both, for each day on which an "offence" is committed. 116. On 18 August the bill was referred to a select committee. 4. General Law Ainendmnent Bill 117. On 13 October 1966. the Government published the General Law Amendment Bill which will enable any police officer above the rank of lieuteniant-colonel to detain for fourteen days anyone suspected of certain security offences for interrogation. No court may interfere during the fourteen days. After that period, the Commissioner of Police may apply to a judge for extension of the detention: the judge would decide solely on the representations made by the police. 118. Another provision of the bill states that any person who had been prosecuted at any time for undergoing training in sabotage or for obtaining information to further the aims of communism would be presumed to have undergone training in sabotage if it had been proved that he had previously left the country without a passport. The onus would be on the accused to prove that he had not undergone training in sabotage.93 90The Cape Times, 29 January 1966. The Johannesburg and Cape Town Bars reiterated this criticism in mid-August 1966. The Association of Law Societies of Southern Africa, compnsed of the four provincial law societies, however, said in a statement on 2 February, that it could not oppose the bill because of "the special circumstances which presently prevail". (South .4frican Digest, Pretoria, 25 February 1966.) at Sunday Times, Johannesburg, 3 July 1966. 92 Evening Post, Port Elizabeth, 29 July 1966. 93 The Cape Times, 14 October 1966. The new Minister of Justice, told the House of Assembly on 14 October that when this bill was enacted, the "180-day law" would be needed solely for the protection of witnesses and to prevent them from absconding. (Ibid., 15 October 1966.)

0 t Agenda item 34 41 13. IMPLEMENTATION -)F THE 180-DAY LAW" an application by his wife, Mrs. Anne Heymann, the Pretoria 119. Rference was made in the last report to Section 215 Supreme Court ordered his reieae on 9 Seternher 1965 and bs of the Criminal Procedure Amendment Act of 1,65 xhich awarded costs of the actinn against the respondents. the empoer the mAl o dure mentoodenth arre of ay w h Attorney-General and the Commissioner of Police. Mr. Justice empowers the AttorneaGenet order the arrest of any Kotze found that, as the Minister of Justice had failed to person 'ikely" to be a State witness in certain clastes 05 frame the r zulan- gzverning the detention of persons as offences and hold him islcolniunsicado for up to six months Parliament had intended, the re'evant securon of the Act was at a time (see A/5957, annex I, paras. 105-110). As the International Commission of Jurists observed: inconmplete. 125. The police, however, evaded the Court order by re"This must be one of the most extraordinary powers that !eas:ng Mr. Heymann from a side entrarce of a prison, and have ever been granted outside a period of emergency. It immediately re-arresting him under arntlher law. Mr. Heymann authorizes the detention of an innocent person against whom again was "reeased'" and redetained under the 180-day clause no allegations are made and no suspicion even exists: it on 10 Se',-ember when the regulations were promuigated.97 authorizes detention in the absolute discretion of the Attor- 126. Mr. Heymann was subsequently called to give evidence ney-General. It denies the detainees a. cess to a lawyer ior the St,.tc at the trial ii or Afrians charged % ith m:liary without special permission; and it precludes the courts from training outside S. uth Africa to further the aims of the examining the validity of the detention even within the African National Congress. He was sentenced to eight days' already very wide powers of the Act. It further authorizes impris nment on 8 November 1965 and to twelve months on the subjection of the detained witness to solitary confine- 15 November as he refused to take te oath or airm unless ment for a period of six months and, with the object. iter he was allowed to take legal advice ccnter:i-tg his obligaticn alia. cf excluding 'tampering with or intimidation' of any to ers, n. places him in a situation where he s in the almost toanswer questions and the consequences of answering or un ct es powem in atuaton where hve ain nterst refus'ng to answer Subsequently. while in pris on, he was uncontrolled power of the police who also have an interest charged with membe- ship in and participation :n the activities in the evidence he may give."94 of the Commurist Party and sentenced on 6 May 1966 to 120. The Minister of Justice told the House of Assembly five years* imprisonment. on 2 August 1966, in reply to a question by Mrs. Suzman, 127. Mr,. Violet Wei::bcrg, a leader of the South African hat a t, tal of 115 persons had by then been detained under Federation of Ws'omen. was detained on t, Noe:ber 19(. his section, as follows: (Her h:batad. Eli, and her daughter. Sheila, were then :n Eto ropeani Indians Colouredi Africans prison.) After deteottn for over six m,_Inths, she was charged Females 8 1 - on 18 May l9t6.S w th assisting Mr. Abram Fischer while I . he was in hiding. She alleged that a statement had been Maics 23 11 1 68 extracted from her by the police by unlawful methods (see he Minister claimed that it was neither in the public inter- para. 160 below). st nor in the interest of the people concerned to disclose 128. Mrs. Les'ey Schermbrucker. a mother of two children, ieir names, the dates when they were detained and released. was detained on IS November 1965. (Her husband was servthe criminal proceedings in which they were each required ing a sentence of three years' imprisonment. She had annoyed witnesses, or to give any other information which had the police by applying to the Court in August 1964 to restrain een asked fL~r.5t the police from unlawful and cruel methods of interrogation 12. Press reports indicate that the detainees have been of her husband: the application was rejected by the Supreme pt in solitary confinement and subjected to pressures, that Court in October 1964 and the Appeal Court in September any of those released have been banned, and that many 1965.) In January 19 . 5, she was brought as a State witness hers have been charged with political offences rather than in the trial of Mr. Abram Fischer and was sentenced to 300 ing called as witnesses.96 days' imprisonment for tvice refusing to give evidence. 122. During the discussion of the Criminal Procedure 129. Mr. Zollie 'Malindi was detained on 8 December 1965 mendment Act in 1965, the Government had told Parliament and released in May 1966. but was immediately re-arrested at the Act was needed to protect State witnesses against on a charge oirmemer- hi') in the African National Congress imidation. The implementation of the Act shows, however, though he had been acqutted on this charse in 1964. He was at it has been used by the Government to extract evidence again acquitted on 5 luly 1966. He had it all spent more ruthless means and to punish opponents of apartheid against om it was unable to prove any offences even under its chargei bitrary laws. 130. 'r. Alexander La Guma, a prominent writer and lee1,. The cases oi some of th~se detained under this Act curer and a member of the national executive of the Coloured uld show that it is used for the same purposes as the People's Coitoress, was detained on 27 January 1966. He had torious 90-day law of 1963, the implementation of which already faced consta:Tt persecution fir a de-a~e.9' Mr. La s Suspended in January 1965, after widespread protests and Guma left South Afri,-a on an exit permit in Se- tember 10 6. emand for :ts repeal by the Security Council in is resolu19119t4)of18June1964. 7_Mrs. Heymann, meanwhile, brought a habeas corpus 24. Mr. Isaac Heymann, the first person to be detained application and, on 13 September, the Court awarded her costs against the officer commanding the Security Police in er this Act, was arrested on I Septemb r 1965 in Johannes- Pretoria and censured the police. The Court. however has g. where he was a manager of a !e:,arment st re. On no jurisdiction on detentions under the 180-day clause. 9S fr. Malindi, a taxi-driver and leader of -.1. African Bulletin of the International Commission of Jurists, National Congress itt he Cape, was detained without trial eva, September 1966. f. r f .ur months in 190. In 1961. he was banned from atRepublic of South Africa, House of Assembly Debates tending meetings. In February 1963, he was served with ansard), 2 August 1966, cols. 18-19. Earlier, the Minister s'rinzent banning orders. In 1963, he was detained under the told the House of Assembly on 28 January 1966. also in '"l)-cav law" for five months and then charged with memy to a question by Mrs. Suzman, that twenty-three per- bership in the A.N.C. He was held without bail until 16 Tune had been detained under the section and that four of 1%'!4 ohen he was acquitted. had been released. One had given evidence and two ', Mr. La Guma had been accused in the treason trial In refused on being called to give evidence. (Ibid., 28 Janu- 1956 and acquitted after several years; detained during the 1966, cols. 243-245.) State of Emergency in 1960 and again for twelve davs in The Minister stated on 28 January 1966 that relatives of May 1961; served with banning orders in July 196f and flees had been informed of the detentons and the places placed under 24-hour house arrest in December 19-62; arrested etention and allowed to see the detainees if they obtained in October 1963 and detained for a long period under the tission from the Attorney-General. (Republic of South "90-day law"; sentenced on the charge of Pissession of ca, House of Assembly Debates (Hansard), 28 January banned publications in 1964 and had the sentence suspended cols. 244-245.) But this statement is contradicted by Press on appeal; and taken to the court again on a simiar charge rts. in 1965 and found not guilty. T es th 0r as be ke in ot be At tlh int tha by wh arl wo not wa ad tion and bur 94 Gen 95 (Ha had repl sons then had ary 96 detai of d Perm Afri 1966, repor

42 General Assembly-Twenty-first Session-Annexes 131. Mr. Albert Louis Sachs. a Cape Town barrister and former deputy chairman of the Defence and Aid Fund in Cape Town, was detained under this law on 27 January 1966 after continuous persecution by the Government.1°° He was allowed to leave South Africa on an exit permit in August 1966. 132. Mr, Bernard Huna was detained in March 19fY3 after he .Nas acqu'tted, on alpiel. of a six-year snis-l:icc on the charge of membership in 'he African Xational Congreq'. After three months in det:-nion, he was again charged under the Suppression of Communism Act and remanded without bail. 133. The purpose and manner of operatien of the "180-day law'" may be understood from the foliowNing extracts romn the d:ar3y by .Ir-. Caroline de Crc,.ig:ny, who was ,lctaned in solitary confinement under -he lSi-day clause for 144 days.''V 'December 21: ... I have been interrogated continuously since lunchtime yesterday. And now it is morning and nf, one has used the truncheon that the Lieutenant brought in and placed against the cell wall in the middle of the night. ... The Captain's police team conducts all the political interrogations in the country. They 'interrogated' Looksmart Solwandle. who was 'found hanged' in his cell and Babla Saloojee who 'fell to his death' from a seventh-floor window in security police headquarters in Johannesburg. The Lieutenant mentioned Saloojee to the Captain last night. He said 'uit die venster' (Afrikaans for 'out of the window"i and they both laughed. I am afraid of them. "To all the questions so far I have replied: 'I have nothing to say'. They have 384 recordings of conversations in my house in Cape town. Personal and political discussions with iriend,-nothing they could use in a court case. But a basis for interrogation. "There are eight of them. They work in shifts. Two of them seem to have special roles to play. The Lieutenant is the 'bully' who shouts and swears at me. The other licutenant (the quiet one) tells me he wants to be my friend. "'Lunchtime. The Lieutenant comes in alone. He look- at the truncheon, says that as I 'won't talk' they are now going to use 'other methods'

Agenda ment if they are c' 'vcted Thi is what it means to be 'detained as a witness" in South Africa to-av."'08 135. S'niifican--. the Governrnent has been able to obtain very few willing State wt:neses despite the ruthless use of the '180-day law". C. PCL-717I,TA TRIALS 136. Numerous ,;,ponenti of aparthe d have been brought to trial ard iv n harsh sentences durin- the past year under the ar' 'itrary re-res-ve legilatin:o104 137. These trials hate involved an :ncreas'nz violat:in of elementary prrcip~e- of justice, e.auz-eC tenature f rect Ht'lation reviewed h; the tec:al C, n:.c1 '-e rts and the unconcern o. th Goverrment even with the frmalitie' of judicial process. 13$ Ce of the in,st di-turbing feature, in the past year is the retrial and re-cntencing 3i -e'-:,s who ha'd -m-peed term, of :enri:on-n for :Cai esar in 1 6, the ,xernnat began retrials Af 161 .riatis ron twnships in Port Elizabeth who had been -rving "-tar-ce of, on the averaze, tw,: and a half years r:- .nc-it since l-O.-rc4 mainiy on charges of - em'ersh'o of -he banned Xtrican National Congres-. Tlit wee - t up or trial again on charges a-:s-i'm e--er.:.- from the -a e acts. in remnte to,-n, where c- asi -sance - - and ch'nln g sen-enc 13'.. These trials were 2escrbf' in a s-atement before the S;ecia: C''r-nmtt-e by M:- - '-in Een,--n, a ri-ter who had v-isite the area and nve-:ga-_ - tc e stuat:ion :>": Ste aid.: In the ha-t. Ca-e important Amertcan and 'r::t';h auto-mbie and other fac:cr'e; rcur:'h. You may rec-alX that tnis 1 :.g the scen- of the rm-,t mili:ant Airi-an act-on. \:x% the Sc.uIt P,,i:ce are intent on r -he area iart:Stuar.- Port Fizab-h'- African ofi-,ou the last crow c.i political con--c,, But the t;urie goes further; :t r- aired at the verx nhart o -ociet-, at the qualities - , ndepenoetnce. seific-rs; -,and ..'. tru-t. ithout vh h. ua:. rr -.iings beec-ne corruptilie. "..-urmg the -,a-t and a half years. at t 1.000 men and tx-omen !ave been rre'ted iti--, and tn - -nru erable :ria.s mr,: have been hac wit-rh ce-rbe--hi2 of the un:awful African Nat:onal Congres A:C -r, in fewer ca-es, c7 the Pan-Ari:anrizt Cotngress 'PACj. None of trese case, is ccncerned with ats of vialence. which would -, -r the ''-,rime Co-art. but tncrea-ingy the State roduces evidence of talk of vioence. "The I-c Press had barey :c-- rcc .1:ho-e trial, and I was the n-t overseas corr;,:.ndent - do so, Virtually all the trials are hel in c7o:.2 in villages remote from Pc.rt E zabez' on the ,round. that S-at- xxtn--es fear - or re-risal, ri-h re-ul'tn: A mclt- in findinz detente 7oun-e! and :7 -he Pre- being able to attend. so at a re--ad , an-nov.. s-tt' . etr tm. "B-tore :he tria'-. ie a-cnued are held for between five to nineteen nt onth- in - -on. F he" -crack under i7:-errogation. which may include assaul- and mental -r- and agre -, give the necessa-- exi 'ce, they "',',me State wimezte', Thi; :z h,',w "any i- f*r nrs are made, h.e-ceforth t., Corru-pt -ociet Th who omehjw hold out become the accue' "'The ha:tne;Iaur brar , has spoken .:4 'the --act-ce or are-: nz in ha;e and c,-;,i'etinv eviden--e at Ie-ore' Freiutv te 'harzm relata - a:onz atec-di" n-mtecd in 1961 and 1h62. making it almost impos-ible to prove an aur: pet S.ae witnes'es ::.', . re- cot cc::t event' can give preci- 'evidence' a-'it 1961 v. ih, N oe -er ncnserical, t.he:- : -n recite wi'h an air of pride. Clearhthe- are ccho.:-d by the Seonritr Polce. and by r,.) means -ubth ' I found one zea- wit:.c -" -z a..a Svn evdence azair'nt x- peorl anothcr lear t his 103 k ,id. 1"Brief part iular- concerning the trial concluded durrg t'-,triod are even th a,- 'Ini . "0. 151See also The Pure of 'he Eas,'-n Care. pan-hle- ublished by Chri'sian Action Lenin in 1($ and "C,,tied re, rerior in South Airtca" in the Bulletin of the Internationa Comnilisfon of Jurists, Geneva. September 1.%-. item 34 43 evdenee off by heart, one had the hi-tory of a man in the ray of the polite. an i 4o on. Th- would vehemently dent t.'rtre or pr'-ure )f any kind. They had come to court t: -eU 'the tru-h' and-in a star-tlicnl repetitive manner-they would v.-iunteer: J was n -t forced to make a statemen' , rlnraing. ticr corroboration of small details of what hap-,ened .n 1-96 or 9-2 stretcled one's credulity. It wa- like hearng actors come t: cour:. In several instances, the defence eicted thi fact that State witnesses during a trial had -isp' --met-nt, two or -hree toge-her at a time-in a room with an Afri-an security sergeant, hUt 'h-- in'isted nothing corcernint the case was ever di- -ussid. "Lut 'where injutice is most a-arent. though blessed by the 'a,-' in the framng of the charges, for these have been broken down under multiple counts: membership of an unlawful organizati.n. furthering its aims, colet ng fund- for ic, attending meetings, aiioxw ng premises to be use ror it- mee- tng;. dstributing 'enicts; the traxrnum setence on each count being thr-e year- with, in some ca'-, each meetinc. "ach ieath, treated as a separate count. The o-xerit - o -ent-nee- can be imagined: whereas in -:,ann -a'. whites who were admitted rank-and-file memb-rs ,f the Commu.-t Party, ani who collected subcn.c, distributed leaflet-. pa:nted slogans and attended Mnore than t.venty cell metings were sentenced to two years, in the Eastern Cape, ANC and PAC members have been enoered to up to ten years for a leser sertec of activities. 'The charges are framed under the Suppresion oi Communism Act which, as you know, covers any particularly rietirve and active i---n-nt cf the Government and has been used far more waidit aga:.-t African nationalists and "'dye liberals than acainz- the small group of 'Marxists... "One man, an A:rican trade unioni-t aged about sixty, alter being ;mariconed in four different gaols for a total of nineteen months, was released in De-r-mber 1964 without an,.- charge beng laid. In January ol' . he %rote to the M'i-ter of Ju-i.- claiming ana - for loss of health and waces, lie -".as then re-arr,-tc, and charged xith ANC mm-nbership and rther counts emerging from a meet'in in November 7-;2. He waz f:-und gal:y and -entenced to eight Years. On appe al his sentence twas reduced, I be'iev:. by tiree tears. ' attended severai days of the trial of a nursing sister, a :v:ea-. a - ',ama:'. 'xh, iad b-e- held in prison-apart from a brief coup, le of weeks, when bail was allowed, for ixteen months, axat'lg trial. Wlen detence counsel questi'ned c S-curity Police se:art in charge of her case ab-ut thi -r 2, he re':'-rl it was 'perhaps not too long'. He added: 'There were other. who were more importahnt who had ,.' aited , 'neer.' Yet bail had been wthdrawn from h-r fii-een month, before ard tie State Prosecutor had given as a reason that she was the 'mo; danz'r. 'us' of thne '::t,-on- pi-is_,ner' awaitng -rial bec,:re th- c :rt at the time. Fifteen m-nth in pri':-,n, a 'most dar-nerus' wx' oan, and When it came to her trial, the Prosecutor deca-e her case centred on the "disp, _al of a mit.'r van'. It was ai:e,", 'that her man had been zcv'n the tan by the ANC, and, after hi; arrest she had taken over its sale. She Aenied the ciarges. State witness-s said she told them the --de wa- to raise miney far the ANC. and would be u e!-acori::g t:, o: ',r an,-'h r of t '--ror ammitnitmon exp' - e. : r tr I b.)n---t r F ahi ';. -g-n , r:e and revolve-C. F r h tg (ays. ster Mpendu was male t') -it ,n a ba.-kle bench - eb'hla the case tile] on. The tort. -it':g in a -malcr'oT under a hairdressinz -al-n. -ot t. a raT, ay sid nz in a rich ''ca-ce-nio.ing a.- a. wa, co,:anti:- adiourne' because of the 'I' ,f >',n. inz 'rat. ' ventualiy the eirrs-, describinz he- a; an evasive, : e-:ant witiess. i,',rnd her guilt;y -n four counts: ANC memb-rsh- raising -uI:;, having an ANYC meeting in her house, and -tamprng a recept with an ANC sign. Allot' no for th- eighteen in,,-s-I she had hy this time been 'n custody he rentettcel her to a furti'er two and a half years: in all then f:,ur year-. "In some PAC cases, though State witne.-ts alleged the ac u'ed were planing to massacre whites and take -,vr 44 General Assembly-Twenty-first Sesion-Annexes villages, no evidence of actual violence was led. Indeed the Abram Fischer. Mrs. Violet Weinberg was sentenced t3 three sentences were only one to three years. months' imprisonment on 18 May 1966 for refusing to give "You may remember that Govan Mbeki was among the evidence in the trial of Messrs, Isaac Hey'ann and Michael accused in the Rivonia trial. While I was in South Africa Dingake.'07 he was brought, on four or five occasions, from Robben 14,3, The Minister of Justice, Mr. Vorster, threatened in Island prison, to give evidence for the defence in these January 1966 to raise the penalty for refusing to give evidence Eastern Cape trial-. And on all but the first occasion, the to five years' imprisonment if the existing maximum of one P -ess was pru'u7:ly turned out of the courts! year d:d not have the desired result.1(s "And to break again from the prepared statement, I would 144. Another no'able feature of the recent tits-especially like to tell you about another man who was brought from the trials of Mr. Abram Fischer. Q.C., and Mr. Fred Carneson Robben Island to give evidence for the defence in one of -,was the unsuccessful attempt by. the .ro'cu:ot. to insinua'i these cases. His name was Terence Mkwabi. He was an that the i'legal S h,uth African Cominist Psr:x" had dir:ctc,:. African labourer from Port Elizabeth and he was scrving the African National Congress and the underground Umkonto a sentence -if, I think, two and a half years. When he came We Sizwe (Spear of the Nation).Yt It seemed to have hoped to give evidencc, the Prosecutor warned him that by giving by this means to d;rreJit the liberation movement, -,rt:this evidence for the defence he might well lay himself uiarh- in the eyes of some sections of the public in South open to further prosecution and prolonged imprisonment. Africa and abroad. 'Yes. I know', Mk'wabi said. 'Why then', asked the Prosecutor, 'are you giving this evidence?' and Mkwabi, who 145. In the Fischer trial, the pro-ecuiion also made unwas speaking in Xhosa, replied 'Andisoyiki'; and the inter- substantiated allegations that humanitarian and liberal organipreter interpreted. 'Because I am no longer afraid.' zations such as the Defence and Aid Fund, the Christian "Men alrady fined or imprisoned for an offence are Institute and the South African Institute of Race Relations being recharged, years later, for the same offence. Thus had been used as channels for funds to banned political orthe employees of a bus company in Port Elizabeth were ganizafions, Mr. Fischer denied the allegations which he fined 6.16s each in 1961 for having gone on strike. Now. described as an effort "to smear innocent persons... whose three and a half years later, about twenty-two of them only sin is their unpopularity with the present Government"."0 have been re-arrested and it Iris then been alleged that the strike was organized by the ANC and, after more than a D. ILL- TREATMENr OF PRtSOs-ERS121 year awaiting trial in prison, they have now been sentenced tofourorfourandahalfyears'imprisonment. 146.Initsreport of 16 August 1965, the Special Colnomeror fournd ntg have een imprsometl mittee noted with grave concern the massive evidence of "Some found no guilty have been promptly re-arrested. ill-treatment and torture of political prisoners and persons in And now a refinement has been thought up by the State: police custody and recommended an impartial international instead of releasing those who are completing their sen- piest odn d ecommnded an iparal internan tences, it is charging them again with violations of the investigation of the situation (see A/5957, paras. 172-173 and same law. 'So far, 160 or more have been named for this ibid., annex I, paras. 167-172). repeated incarceration. Imagine the feelings of the prisoner 147. Earlier, in June- Jul), 1965 the Rand Daily Mail and and of his or her family-just as they are preparing to be the Sunday Tines of Johannesburg had published a series of together again, The first man, Dixon Fuyani, after serving articles on the ill- treatment of prisoners by Mr. Robert Harold two years, was sentenced to seven more. The second, Benson Strachan, an art teacher who had just been released after Mximba. who was in the Treason Trial, after serving Lwo imprisonment on political charges. His testimony was corand a half years, has now been sentenced to four and a roborated by interviews with ex-warders in prisons, also half more. He was the first accused, by the way, to suffer published by the two papers. from going undefended after the Defence and Aid Fund 148. These revelations led to demands for a full-scale public had been outlawed." (A/AC.115/L.176.) investigation of prison conditions. On 30 July 1965. Sir De 140. As indicated by Miss Benson. a notable feature of Villiers Graaff. leader of the United Party, demanded the these trials is the character of State witnesses, motly per- appointment ofa judicial commission to investigate 'horrifysons who had been intimidated by detention, manhandling ing allegations" about conditions in some prisons.11- The and threats of persecution tcr give evidence for the State. The arbitrary powers of the Government to detain persons 107 Mr. Justice Viljoen said he had intended to sentence and hold them in solitary confinement, without access to her to nine months but had taken into account the fact that lawyers or the courts, in addition to its powers of banning she had already spent six months in gaol under the "180-day and house arrest, have thus gravely impaired the judicial clause". processIns 10s The Observer, London, 30 January 1966. 141. In this connexion, reference may be made to the see- 109 For this purpose it relied on a State witness, Mr. Bartion 27 of the General Law Amendment Act of 1964 xxhich tholomew Hlapane, alleged to have been a member of the increased the penalty for refusal to give evidence from eight Central Committee of the Communist Party. (Mr. Hlapane days' imprisonment to one year's imprisonment: the sentence stated that he had attended meetings of the -Central Commitdays imprioet o one yer imrifso t tHe setence tee of the Communist Party between 1962 and 1964. He had may be repeated for any" further refusal. Hea ' sentences been detained without triai for 172 days in 1963. He was have been imposed under this Act on persons who refused to again detained under the "180-day law" in March 1966 and give evidence f, r the State in political trials against their released shortly before the Carneson trial.) He alleged that colleagues. the Communist Party had issued instructions to the National 142. Mr. Isaac Heymann and Mr. Phillip Sello were sen- Command of the Umkonto We Sizwe. tenced first to- eight days' imprisonment and then to twelve His evidence was not corroborated and was contradicted months' imprisonment in Novembr 1965 for -rfuin to give by that of another State witness. Mr. Petrus Beyleveld, al: evidence for 'he State at the trial of four Africans charged legedly also a former member of the Central Committee W1 with obtaining military trainne abr-ad to further the aims the Communist Party. Mr. Beyleveld testified that the Central of the banned African National Cunzress. Mrs. Lesley Scherm- Committee had never issued instructions to Umkonto and brucker wnc. sentenced to 3M0 day-' r ome~n: on 28 janu- was only concerned with preventing the possibility of the latter becoming a terrorist organization. ary 1966, for refusing to give evidence in the trial o Mr. In the Carneson case, the Court ignored the Hlapane testmony by finding him not guilty of membership in the Central 10 Evidence of State witnesses has, on a sumber of occa- Committee of the Communist Party and of planning and sion, been rejected by courts when the accused were able to advising acts of violence. The judge in the Fischer case. howobtain able counsel. The Court in \Volmaransstad. in the ever. accepted the Hlapane testimony. case against Mr. Dawood Cajee, for instance, on 8 September 1966, granted the defence application that the evidence of 1lOThe Cape Times, 3 February 1966. the two State witnesses was "utterly unreliable", One of them t See also Prison Conditions in South Ifr ca (London. had admitted that he had lied to the police for fear of being Armnesty International, 1966). detained. 112TheCapeTimes,31July1065.

Agenda item 34 Minister of Justice rejected such an investigation and said years that that he was awaiting a departmental report and invited any com-x-(e h member of Parliament to visit the gaols.113 been incess 149. On 7 February 1966, in the House of Assembly, Mrs. police stani, H. Suzman appealed to the Government for a full-scale "He indi commission of inquiry into South Africa's entire prison sys- thzre becau tern and a revlew of penal reform. She said: terrogation "The two gaols I visted were unbelievably overcrowded, and that he The cells accommodated nearly double the number of pris- to relieve h oners they were meant to accommodate. The sanitary ar- "He i:,dic rangements were nothing short of med'aeval, and as for been no sa normal hygiene the faciitiee are simply not there, nor are been told t there any facilities f r recreation in the two non-White gaols bang on the I visited, and there are no facilities for the long-term "He adde prisoners."1'4 this. no one 150, The -Minister of Justce, however, again r-jeczed an had accordi investigation, convenience. 151. 'Meanwhile, instead of attempting to :mpr ,.: the con- to accept fr ditions, the Government proceeded to take action against that this we those who had publicized the conditions in prisons. It seized there would the passports of Mr. Lawrence Gandar, the editor of the Rand "He said Dad Mail, and Mr. Benjamrn Pogrund. a staff writer.ih sice he had It charged Mr. Strachan and the ex-warders who had ex- of clothing posed the prison condition, with perjury and violation of the in changing Prisons Act. which makes it an offence to publish false in- "With reg formation about conditions in South African prisons and was being places the onus of proof on the accused. Convict,-Ins were they were r secured on the strength of evidence largely by prison officials, same questio 152. Significantly, however, Mr. Dennis T. Goldberg, one he had give of the accused in the R'o:,nia tria' who is serving a life sen- occasions, tence, sa.d on 5 November "965. under cross-exa'ninati. n by "The infe the State, that after the publication of the articles in the been interr Rand Daily ffail. conditions in his prison had improved. The team of inter improvements included more recreational facilities, better and "When I cleaner eating utensils, less harshness in the attitude of the said he had t authorities and more time for recreation at week-ends.l26 since s den 153. Any hopes aroused by these trials that the prison "I respectf conditions might be made to conform to the regulations as clear that th a result of the courageous actions of Mr. Strachan and others information i were soon dissipated by reports of trcatnent of persons de- priving him tained without charges or trial under the "ISO-day law". the regulatic, 154. The experiences of Mrs. de Crespigny have been noted venting him earl er (see above paras. 133-134). Sec-al other cases of am appr ill-treatment have recently come to light. Police to cons 155. Mr. Bernard Louis Gosschalk, a Cape Town architect unlawful met and father of four young children, was detained on 27 Janu- "I have bee ary 1966 under the "l0-day law". After a visit to the prison, a warrant is Mrs. Gosschalk brought an urgent application before the Cape purpose of er Supreme Court on 2 February, on behalf of her husband, to criminal proc restrain the Special Branch from "wrongful and unlawful" authorize the interrogation of her husband. Mrs. GosschaIk stated in an does not auth affidavit: 'he clock. pre "I aver that sin..e some time on Monday 31 January 1966, them to s;eak the applicant has been subjected to in:errugati',n by various "I respectft members of the South African P. lice, and that such in'erro- invasion of t gation has taken the form of continuous questioning by a team of interrogators for lengthy periods at a stretch and " am advi. has continued uninterrupted round the clock, during day and normal way night, without affording him the opportunityof sleeping. respondent, it "In this connexion I state that pursuant to a request questioning w by me I was permitted to see the applicant this morning... "I res.ectul When I saw the applicant I observed the foll wing: as a matter of ex Parte relic "He was dirty and unshaven and was wearing the same upon the resiclothes as he had been wearing early on Thursday when honourable co he was arrested. The clothing was dishevelled and soiled. strained, pendi He looked fatigued and exhausted. He smelt dirty and in- motion, sanitary. In appearance he looked bewildered, did not know 'The aplica "hat day of the week it as ith me or l i "When he saw me the applicant: broke down and began Police resume sobbing: this is something I have not een in the eleven interrogation, 1131bid., 2 August 1965. relief."11 n4Republic of South Africa. House of Assembly D,'batcs 15". Mr. Justi (Hansard), 7 February l06, cols. 967-968, head of the Sec 15 The Cape Times. 23 August 1965 11ibid., 6 November 1965., 17 Ibid.. 4 Feb I have been married. When he had managed to imself the applicant informed me that he had antly interrogated ever since he had got to the cated that he had not slept since he had been .,e oi intCrrogat:on. He irca-ed that the inh..d taken place in a zmali ;oun,-!root to. :n had nc, been permitted to leave this r*: ever mself. ated that wNhile h.:- had been i:i a cell, there had nitary conveniences provided for him. He had hat ii he wanted to relieve himself he 'hould door of his cell to attract attention. d that he had banged re;ea:edly but. in snite of had come to see what he wanted and that he ngly not been able to have access to sanitary He was so distressed by this that he refused uit that I had brought for him on the eriunds iuld make his stomach work and he feared that be no proper sanitary outlet for him. that he had not been permitted to wash at all I been at Caledon Square and refused a change I offered him, stating that there was n: point into fresh clothing in a filthy state. 'ard to the interrogation, he indicated that he nterrogated bv a number of people and that tot leaving him alone. He indicated that the n was being put to him repeatedly even though n a nega-:ve answer thereto on a number of rente was irresistible that the applicant had gated day and night without interruption by a 'rogatocr. asked hin whether or not he had exercise he sot been given any opportunity to have exercise ention. ully submit that from the above it was quite e Security Police are endeavouring to obtain rom the applicant, in order t. do so are deof facilities to which he is entitled in terms of ns governing his detention and also by prefrom sleeping. ehensive that it is the intention cf the Security inue interrogations and to employ wrongful and hods of persuasion. n advised that the detention of witnesses under sued by the Attorney-General ... is for the nsuring their attendance as State witnesses in cedings against other persons, and.. .does not interrogation of detainees and more particularly orize the police to question detainees around venting them from sleeping in order to induce illy submit that this constitutes a wrongful ie applicant's rights and is not authorized... sed that if this application proceeded in the nd the notice of motion was served on the would not be posible t, stop any further hich might be proceeding today and tonight. lxy submit that on the balance of con.vidence urgency the applicant is entitled to an urgent f by way of a temporary interdict calling onde.t to show cause on a date fixed by this urt why he should not be immediately reng the return day in terms of the notic.- of ant has not the legal right to communicate th his legal advisers and should the Security their wrongful and unlawful mc hods of t will not be possible for him to obtain any ce Van Z)l issued an order calling ,: the et?-Iv Branch in the Western Cape. .Major ruary 1966,.

46 General Assembly-Twenty-first Session-Annexes D. J. Rossouw, to show cause why he should not be "restrained from exerting any unlawful pressures on Bernard Gosschalk in the attempts to influence him to answer questions or make a statement". The case had to be twice adjourned as the application by counsel for Mrs. Gosschalk to be permitted to see Mr. Gosschalk was refused by the Attorney-General. 157. On 16 February, Mrs. Gosschalk filed an affidavit submitting that Major Rossouw's denials were unacceptable and requesting that the case be tried. She stated: "... the interrogation and treatment of my husband while under detention, as deposed to me, was part of a system and technique of unlawful interrogation and treatment which has been and is being applied by a specially deputed team of interrogators from the Transvaal, headed by Captain Theunis Jacobus Swanepoel. to a number of persons who have recently been detained in terms of section 215 bis of Act 56 of 1955, as amended. "I submit that ths system and technique is characterized by the following illegal practices: ( a) The interrogation of detainees under the section without their consent and against their will, and this with such persistence and for such lengthy periods as to bring them to the point of exhaustion. -(b) As a further means of coercion, the withholding of the ordinary privileges to which such detainees are in law entitled. "(c) The abuse of the section to detain persons against whom it is intended to bring criminal charges and the failure to warn in terms of the Judges' Rules detainees wvho are thenselves suspected of having committed offences. "I alo subimit that this evidence goes to show that there are strong grounds for apprehending that this unlawful treatment is likely to be further applied to my husband.. .1"I 158. Giving judgement on 24 March 1966, Mr. Justice Corbett granted an order that oral evidence be heard on the manner of detention of Mr. Gosschalk, and added that the Secority Branch was not entitled to use thrd degree mcth,- . or subject a detainee to any form of assault or cause his health or resistance to be impaired by inadequate food, lack of sleep or the like. 159. Faced with the prospect of a trial, the Government releasei Mr. Gosschalk rn 30 April 1966, but immediately placed him under a twelve-hour house arrest and served him with banning orders which prohibit publication of any statement by him. 160. Mr. Vioi t Weinberg, another detainee under the "180-day law", told the Pretoria Supreme Court on 18 May 1966 that she had made a statement to the police only after relax- of scuiny men had questioned her continuously for three days. .\ccording to a bulletin of the World Campaign for the Release of South African Political Prisoners, London: "Mrs. Weinberg described her nightmare seventy hours of third degree interrogation by a team of six Security Branch men who had worked on her in relays. When she refused to tal:, they were insistent that she should do so and ordered her to remain standing. During the interrogatioi, x hich la-ted fron the Mndat th Thursday night without interruption, she had sometimes sat on the floor and sometimes --n the radiator for short intervals, She was allowed to leave the interrogation room only to go to the toilet, when she was accompanied by a policewoman who ,,5nt with h,:r int', 'he tnil-t. "She had not been allowed to sleep and when she had 'how n ien; of dropping ff, thcv banged on the table until she wakeit-'d. O' one , ccasion. when sleep had overcome her. they had xxakened her, filled a glass with water and told her if she slept again they would 'douse' her with it, They ke;" saying. 'You are going to land in WVeskoppies Mental Aylum'. and repeating, 'we will crack you'. "She was further threatened by three things. Firstly, that the '90-day law' would he reintroduced and every one 118 Iid., 17 February 1966. of the people with whom she had been in contact would be detained. Secondly, that her son, Mark. who is completely deaf, would be detained, and thirdly, that their daughter. Sheila, on bail awaiting her appeal in a slogan painting case, would have her bail withdrawn. 'By the Wednesday of her interrogation her legs were grossly swollen. 'My ankles', she said, 'were literally hanging over my shoes and my eyes were swollen until they were niere slits.' "114 161. Mr. Fred Carneson, another detainee under this law who was subsequently charged and sentenced, told the Cape Town Criminal Sessions on 25 May 1966: "While held incommunicado in the custody of the Security Police, I was on three different occasions subjected to well-practised, expertly applied methods of refined physical and psychological torture. On Wednesday 8 December 1965, 1 was taken into detention under the '130-day clause'. My interrogation began a few hours after my detention. I was kept awake all Wednesday night. On Thursday I was flown to Pretoria and on arrival there immediately subjected to further interogation, which continued until the early hours of Saturday morning. I was deliberately kept awake during this whole period and frequently made to stand for long periods." During one of the interrogations, he said, he was made to stand for most of the time, "I collapsed and water was thrown over me. I collapsed again on two further occaxi, ,ns."12o 162. The Government has been anxious to avoid trials on charges by prisoners of ill-treatment by the Security Branch, The Gosschalk case has been referred to above (see above paras. 155-191. 163. Another case was initiated by Miss Stephanie Kemp, a twenty-five year-old physiotherapist, who sued the Minister of Justice and a Security Branch detective, for 2,000 Rand ($2,8001 for assault during detention in July 1964.121 164. She alleged that she had been subjected to excessively prolonged interrogation, denied food for an unreasonable length of time and kept standing for several hours. Moreover, the detective had struck her blows on the face with his hands, grabbed her hair and pullled her to the ground, and banged her head repeatedly on the floor, thereby rendering her semi-conscious. "iAs a r,.ult, Miss Kemp suffered shock, injuries, exhaustion, hunger and bodily injuries, more particularly bruising of the face and head, hair pulled out of her head, extreme tenderness of the bridge of the nose and stiffness of the neck and body."'22 119 Mrs. WVeinberg is one of those whose family life had been destroyed because of political persecution. Her husband, Mr. Eli Weinberg, is serving a long prison sentence on charges under the Suppression of Communism Act. Her daughter, Miss Sheila Weinberg. a student, was the youngest woman to be detained under the "90-day law" in 1964. Subsequently, she was sentenced to six months in prison, for painting the letters "A.N.C." on a bridge. She was released in July 1966. Her son, Mark, was found dead in their fiat in September 1966. Mrs. Weinberg herself refused to repeat the statement she made to the police as evidence in court and was sentenced in -May 1966 to three months' imprisonment. She appealed but, while on bail pending the hearing, she (and Mrs. Schermbrucker) was arrested and charged with helping Mr. Abram Fischer, Q.C. when he was in hiding. In August, they were each sentenced to two years' imprisonment on this charge. Their counsel said that the two women had not been niembers of the Communist Party and that because of the unique personality of Mr. Fischer, people with liberal views tended to follow him. 120 The Cape Times, 26 May 1966. 121 She was subsequently convicted of membership in an unlawful organization, the African Resistance Movement, and served a year in prison. 122 The defendants denied the allegations, but admitted that the detective had "lawfully inflicted a single blow in the face to pacify her as she had become hysterical during interrogtion". They admitted bruising the left eye as a result of the blow.

Agenda 165. Before the case came up for hearing in the Cape Supreme Court, the State settled her claims by agreeing to pay 1,000 Rand ($1.400) and all court costs "without admitting the liability, and to put an end to the litigation".ia 166. The State also settled out of court the claims of Mr. Alan Keith Brooks who filed a suit for damages against the Minister of Justice for alleged assault during detention in 1964. He was released from prison on 21 June 1966 on condition that he left the country within three days. 167. The case of Mr. Zepth Mothopenz, who sued the Minister of Justice for 5.000 Rand (S7.000) however, came before the Pretoria Su reme Court for trial in August 1966. Mr. Mothopeng claimed that, during his detention, in October 1963, he had been assaulted by the police and subjected to electric shocks.12 The defence called Mr. Goran Mbeki and Mr. Ahmed Kathrada, both sentenced in the Rivonia trial, as witnesses. The State denied the charges and the case was adjourned pending examination by doctors of the plaintiff's state of mind. E. BANNING ORDERS AD: HOUSE ARRESTS 16S. The arbitrary powers of the Minister of Justice to issue banning and house arrest orders have continued to be used widely to silence and harass opponents of apartheid in what Mrs. Helen Suzman, Progressive Party member of Parliament, described as "scandalous abuse of unbridled power of the State to condemn people without trial to a twilight existence in their own country".12 169. Under the Suppression of Communism Act, the Minister is empowered to issue such orders if he is satisfied that the persons concerned "engage in activities which are furthering or may further the achievement of the Objects of communism"Ye6 He is not required to give any particulars and the victim has no recourse to courts. The use of the powers by the Government appears to be based on the assumption that the pur7.ose of the prnvision is to penalize opposition to aparthed by defining it as the furtherance of "the objects of communism". 170. As of 19 August 1966. banning orders, which had been published in the Goezerin.-nt Gazette and the terms of which have not yet expired, restricted approximately 600 person-.'7 These include not o.uh- members of organizations which have been declared unlawful, but many who have been active in the Liberal Party, the Natonal Union of South African Students. the Distr'ct Six Defence Committee, the South African Institute of Race Relations. the South African Indian Congress, the Coloured People's Congress and other lawful organizations which have, in one way or another, opposed the Government's racial policies. The functioning of 123 Mi-s Kemp left South Africa on 31 August to marry Mr. Albie Sachs, a banned advocate, who had left earlier on an "exit permit". 124 Mr. Mothopeng, aged fifty-one, a leader of the PanAfricanist Congress, 6vas sentenced to two years' imprisonment in 1960. He was again arrested on 6 April 1963. When he was brought to trial on 7 August, the charges were withdraAn, but he was immediately detained under the "90-day law" and interrogated about 'his alleged connexions with Reverend Blaxall. He alleged that he had been assaulted and given electric shocks on 3 October, and forced to make a statement. He is now serving a three-year sentence for belonging to the PAC and furthering its aims. 125 The New York Times, 13 May 1966. 1260n 3 August 1966, the Minister of Justice. Mr. Vorster, defined the grounds for banning as even wider than the wide sweep of the law when he told the House of Assembly: 11 * * you restrict them [people] not necessarily because they have done something in the past, but because their associations, their actions and their utterances are such that they might lead to the achievement of the aims of communism." (Republic of South Africa, House of Assembly Debates (Hansard), 3 August 1966, col. 95.) '27The Minister of Justice said that, as of I July 1966, there were in South Africa 453 persons on whom restrictions had been imposed. (Ibid.. 3 August 1966, col. 95.) Many other banned persons are outside the country and a few have died. item 34 47 these organizations has been greatly hampered or brought to a standstill because of these bansi2s 171. The banning orders served recent; are even more crippling and restrictive than those with which the process began, in that many' embody provisions for house arrest. 172. Banning orders have been used to restrain a large number of persons who had completed prison sentences for poli'ical offences. Mr. George Edward Peake, a former Cape Town City Councillor, and Mr. Dennis Brutus, Chairman of the South African Non-Racial Olympic Committee, were served with banning and house arrest orders after release from a long period in prison. Many former members of the underground Poqo have been banned after release.'29 Apart from inflicting additional punishment, these orders prevent pub:cations of anything written or said by former prisoners. 173. Protest against banning has itself been penalized. Mr. C. K. Hill, a lecturer of mathematics at the University of Natal and a Liberal Party member, wrrte an open letter to the Minis-er of Justice in February 1966 criticizing the banning of more than thirty Liberal Party workers for "open. legitimate activities alone" and the crippling or the constitutional activities of the Part) by intimidation1.-30 Mr. Hill was himself served on 19 April 1966 with banning orders placing him under twelve-hour house arrest and restricting him to the magisterial district of Durban.S1 174. Many of the recent banning orders, while imposing increasingly stringent restrictions on the victims, prohibit them from writing or transmitting any information. The Government's purpose in including this prohibition seems in part to prevent information reaching the outside world. 175. Mrs. Helen Joseph, the first person placed under house-arrest in South Africa and who has now been thus restricted for four years, was served in February 1966 with extensions to her banning orders. In terms of the extensions, Mrs. Joseph may not prepare, compile, print, publish, disseminate or transmit any publication or drawing. (She was reported to have completed her autobiography just before the extension of the ban and smuggled it to publishers in London). The new orders also prohibit Mrs. Joseph from entering a building in which there is a trade union: she was deprived of her job as welfare officer for the Transvaal clothing workers as her office was in a building which houses a trade union.132 128 Banning orders, once issued, are rarely withdrawn. Recently, however, the Government withdrew or relaxed the banning orders on several Liberals. The orders on two lecturers at Rhodes University, Mr. Terence Beard and Mr. Norman Bromberger, were lifted by the Minister of Justice after discussion with the Minister of Education and the ViceChancellor of the University. (The Cape Tinies, 25 August 1966.) The Minister of Justice told the House of Assembly on 30 August 1966 that restrictions on forty-five persons had to date been withdrawn and that cases of all banned persons were under review. (Ibid., 31 August 1966.) In September, the banning orders on the following Liberals were reported to have been withdrawn: Mr. Hammington Majija, Mr. Elias Mngadi, Mr. Michael Ndlovu and Mr. Selby Msimang. The banning orders on Mr. Christopher Shabalala and Mr. Enoch Mnguni were partially relaxed. The banning orders on Mr. Thulani Gcabashe (son-in-law of Chief Luthuli), Mr. Prince Faya and Mr. Emah Sibisi were also withdrawn. (The Star, weekly, Johannesburg, 17 September 1966.) 129 The Minister of Justice, Mr. Vorster. said on 3 August 1966: "Several dozens of these people (banned persons) are Poqos in whose case we deemed it advisable, after they had been released from prison, to keep them under observation for a period of two years and not five. as in the other cases, so that we could keep an eye on them in order to prevent any further acts of violence." (Republic of South Africa, House of Assembly Debates (Hansard). 3 August 1966, col. 95.) t30 The Cape Times. 26 February 1966. 131 Rapid Daily Mail, Johannesburg, 20 April 1966. Mr. Hill's wife, who was associated with the Defence and Aid Fund, was already banned. 132 The Cape Times, 26 February, 1 and 2 March 1966. 43 General Assembly-Twenty-first Session-Annexes 176, The banning orders served on 1: February 1'0 on Miss Maf1ry Benson, a writer and petitioner before the Special Cnrnmittee. prohibited her from taking any part in preparing or trensmzure any publication. 177. In May 1966, -Mrs. Winnie Mandela was served with an additional banning - rder prohibiting her from pre.aring, comiilinz, publiShing, priintsg or transnitting any d cumen., bo ,k, ..a phic:, record, oter, photograph or draw.ng133 17.'. In July : .66, Miss Gillian Gane, a student at the Unlver'izv of Vitwatesrand. xwas served with a banning order -rchibi'ng her from [repar-ng matter for _ubli at4i". a~tnding any gatheri;-g-, giving educational instruta-,n, takpng part in the art'tes cA an:, h . or enering any educational building or n,.,n-v.iite area. She was also required to report weekly at the police station. She cc-i I not continue h-r studies in linguistics because of the pochibitions.'34 179. Mr. Peter Brown, the former chairman of the Liberal Party, who was banned in 1964. was erved with a further order, dated 5 April 1966, adding further restrictions o.rohibiting him from uttering Coloured or Asiatic group areas, and from compiling. publi-h.ne )r tranti.ntng information or comment.135 1%l. The arbitrary banning orders have made the life of the victims so difficult that several have been forced to leave South Airica on exit permits which prohibit their return.'38 Mr. and Mrs. Walter Hain, respectively f rne- chairman and secretary of the Pretoria b'ranch of tre Liberal Party, left in March 1966. Both of them had been banned and Mr. Rain, an architect, had found it almost im..,_ihie to get commissions.137 Miss Ann Tobias, former editor of the Liberal fortnightly Connact. left on an exit permit to continue her studies in the United Kingdom: the banning order had pr-,hibited her from entering any educatrnal institutioi-t3 Mr. Benjamin Turck. former member of the Cn.) Provincial Council and former secretary of the Congress of Democrat, who had been placed under house arrest 'mmed-:v " -after he had c_--npleted ,erv"nr a sentence under th- "Sabotage Act", fled from South Afri a early in Jannarv U S6: 'i'- wife left ott an exit lpernnt on 25 February 1 4 S1. Among other banned persons who have eft oit exit permits, in the past year, were Mr. Peter Hjul. a journalist. former chairman of the Liberal Party and of the Defence and Aid Fund in the Cape Western region; Mr. Barney Zackon, Mr. Hjul's successor as chairman of t'he Lberal Party in the Cape Western region; Mr. Alex La Guma. a writer and jcu-nalist: Mr. Li, o' r't', a rcet and 1'rP.6a nt of the South Africa Yon-Racia: Olympic C, 'rmnite i -ee -o"{ 172 above; see also AiAC.11 !.ltSi : Mr. Abxrt Louis Sac.n' an advocate and f runer DEruty Chairman of the Souh African Defence and Aid Fund (see para. 131 above); and Mfi.s Gillian Elsie Jewell, former lecturer of French at the Umersty of Cape Teown1411 Mr. Bernard Gotcchak was reported to have applied for an exit permit, Many other; are reported to be unable to leave because of the lack of means. 133 Rand Daily Mail, Johannesburg, 26 May 1966. 34 .Sunday Express, Johannesburg, 17 July 1966. 135 The Cape Times, 12 May 1966. 136 In answer to a question by M-s. H. Suzman, the Minister of the Interior, Mr. P. M. K. Le Roux, said on 5 August 1966 in the House of Assembly that thirty- seven exit permits had been issued in 1965 and twenty-one in the first six months of 1966. as follows: 195 196 tirst . =xh m Snsi Wh~tes 21 11 /6 Bantu S 1 ti',:b-c of South Africa, House of Assembly ,','s (Hansard). 5 August 1966. col. 264" 1.7 Th Cape Times, 15 March 1966. 138 ibid., 16 March 1966. t135bid., 17 January 1966 and 26 February 1966. 140 Miss Jewell and her fianc. Mr. David Jack Tarshish, were both banned. The lax, i,rbids banned persons from communicating with each other. 132. Special mention may be made of a fete' recent banning cr-,r5 which show that the net is covering vider segments xf the opposition to apartheid. 183. On 14 October 1965, the Government served banning ,c¢der' on Mr. C. M. C. Ndamse, educator and supporter of senr,rtte development". Educated in South Africa and the United ata-ez. he had i een a lecturer at Fort Hare College until he was dismissed from this post by the Bantu Education Department for alleged "insubordination'. Shortly 'heeaiter, he was appot :t-d by tho- Transkei Government as lecturer at Jongelizwe College for sons of chiefs and headmen and the Transkei Public Servce Commission recommended him for the post of pr ir sional assistant in the Transkei Departirent of Education. He was, however, served o ;th a oanning order which, amang other things, restricted him to Umtata and p:- oh:bited him from entering schools, c.:7leg. s and -ix r- . After representations by the Tran.,e: Government, it was revealed in May 1566 that the -1uh .\fri:an Government had agreed to change the reztrictcn order so as to allow Mr. Ndamse to take up another p,:st in tho Education D!:7ar:ner,'.l4 1P4. On 18 March 1966, Mr. J. C. M. Mbata, a field j ttcer of the South African Institute of Race Relations and secretary of the Bantu Welfare Trust, was served with a five-year banning order which efn-ctively prevented him from continuing his work. The Minister of Justice, Mr. Vorster, refused the request it a di't ngu&'he d'putat on to relax the term- o" -he order. The Sour> African Institute of Race R.Ka' n- i;'ued a statement recording its solemn protest .gan- "a ;ystem which s'rins a man if his life's purpose, and denes him tkc right to use the qualifications which it has taken him a lIfetime ,-f application to acquire, without laying any charge against him, without informing him of the reaso:is for his restriction, and without giving him any opportunity to be heard".43 !52. Mr. Ian Roh'rcr n. President of the National Union of Souzi Aican SuIen'- , NUSAS ), was served with ban:.ng orders on 11 May >'o. Tt:' was generally seen as a vindi:'ve act because cf the eci:-ion of NUSAS, under his leadership, to invi'e United Sates >e:-a'or Robert F. Kennedy to lectu-e in Soo'h Africa. The bann'ng order provoked Protests by students throughout the c:.untrt44 and by the Chancellor of the University of Cape Town, ecx-chief Justice A. van de Sandt Centl.vres. the leaders of all opposition parties and frntinent members of the community.45 A protest march was staged by 2,1'0o students and lecturers at the Un v'rsity of Cape Town on 13 Mayt4 and later those at Witxvater'rand and Natal Universities3;.l Many student organizations abroad joined in protests to the Minister of Justice. 1,6. On 25 May 1966 a deputation from NUSAS presented a n en,' r.ndum and a 4.ui') s:gnature petition to the Minister of Ju~tice calling on him to charge or release Mr. Robertson. In a statement ' sud af-er thie interview, the NUSAS -tated that 'hc sM r e did not contest the fact that the a.tcv ties of '..b'SAS fell "whxx ly withn the law". He said .hat Mr. Robertson did not have to be a communist to be banned. snd rejected the request that Mr. Robertson be given an on,runttv of defending himself in a court of law and ,,f reiutng whatcever allegations had been made against him.14 1-. The matter uas raised in Parliament on 2 August 1966 when the leader of the Opposition, Sir De Villiers Graaff, emtnedi that Mr, Robertson be brought to trial .i he was guilty' of any ffenCe.149 Mr. Vorster replied by 141 The S'ar, daily, Johannesburg, 16 December 1965. 4 lhe C ace Times. 3 May 106. t43 Ibid. Th. restrictions on Mr. Mbata were partially relaxed in Soember 16 and he applied for a passport to accept a posti-,n in Zambia (The Star. weekly, Johannesburg. 24 September 106.) 144 The CI.tc YTits, 12 May 11co M. Ibid., 13 May 1966. 146 lb d. 14 May 1966. t47 R~id., 25 May and 2 June 1966. t45 Ibid., 26 'May 1966. 149 Republic of South Africa, House of Assemby Debas (Hansard), 2 August 1966, col. 28.

Agenda asking Sir De Villiers if he knew what Mr. Robertson had done in Swaziland and Basutoland, with what overs-as organizations he had sought liaison, and that "he scrv e or, the committee of a communist front organizaion, Defence and Aid" 5o Describing the Minister's rep: a- "one .-i the flimsiest and t'nCt fatuous" she had ever listened to, Mrs. H. Suzman told the House of Assembly that Mr. Robertson had paid to "entirely innocent" visits to Basutoland and that he had never been to Swaziland. Mr. Robertson had acted as the liaison, ex officio, for NUSAS on Defence and Aid Fund, when it was a legal body. Mrs. Suzman added that the Minister had "run out rf communists" and wa; "using his extensive powers to ittititidate citizens who have :no connexion whatsoever with communism"'15 188. The harassment of banned persons for 1etty and innocent infringements of banning orders continues. The Minister of Justice, Mr. Vorster. told the House of Assernbl- cn 8 Februar- 1,:',6 that twenty-two ersons had been sentenced to imprisonment for failure to report at police statonu in terms of their banning orders. In twenty cases the sentence had been suspended in whole or 'n part. The sentences had ranged fre-.m four day,' ininr15unmcn: to tiso years' imprisonment.152 189. One of tho-- 'entonced rccen;v for infringement of banning orders was Dr. G. M. Nacker, President of the Scuth African Indian C- ngre;-. who "a: -ei tenced t,, fourteen months' im'wisonment for entortainng Mr. and Mrs. Alan Paton to dinner and for failing to notify the police of the change of address early this year. (iHe had been evicted from the house he had occupied for thirty years because the area had been proclaimed white. I All but f' ur 'ays of the sentence were 'us,ended.153 F. BAxNING OF THE SO'Ti AFRICAN DEFENCE ANO AIo FU.D 190. Not content with the mass ,f repressive laws and vengeful acts against the opponents of apartheid, the S'urh African Government has proceeded to undermine legal assistance to the victims by a proclamation on 18 March 1966 declaring the South African Defnc, and Aid Fund an unlawful organization in ters of Suppr-sion of Comnanuniscn Act.' 54 191. Immediately after the pro:lamatlo:, police raided the offices of the Fund and of the Christian Council for Soial Action, Port Elizabeth. which provided relief to dependents of pri' ,ner', as well as the homes ctf a number of persons assocated with these organizations. A senior magistrate, Mr. D. P. \ilcorks, was designated as the liquidator of the Fund. 192. The South African Defence and .Aid Fund had come into existence after the Sharpeville masacre of 1960 when an appeal was launched by a commcttee under the chairmanship of the Bishop of Johannesburg. the Right Rev. Ambrose Reeves, to help the bereaved ard the in;ured. So-,n after, the Government declared a state of emergency and a-r-sed n-on 20,000 per-on--- l90 political detainees and about 1-,Africans who were rrundd up as ' dlers--ard the Fund reorganized itself so that it could he!-, ,ris-,nr- and their families who suffered because of lawrinr, " aws or arbitrary action by the authorities. The needs f-r such relief increased steadily as the Government proc-eeded with more 150Tbid., 3 August 1966, cols. 97. 98. 151Ibid, cols. 145-8. On 4 August. Mr. Vorster told the Press that he had intended to say Bechuanaland and not Swaziland. Later the same day Mr. Robertson's father said that his son had never been to Bechuanaland. (Th' Cape Times, 5 August 1966.) Mr, Robertson has since left for- the United Kingdom for further studies, under a bursar' offe-ed to him by the British National Union of Students.' ibid., 8 February 1966, col. 10"5 tlA atal Mercury, Durban, 31 August 16,6 114 Proclamation R-77 of 1966, signed by the State President on 10 March and nublished in the Government Gazette Extraordinary on 18 March. The Chairman cf the Special Committee commented on the ban in his statement at the meeting on 7 April 1966 (see A/AC.115/L.170). itei 34 49 and more repressive measures. The Fund performed a significant humanitarian service which was otherwise unavailable.5 193. Though the effectvenes of the Fund was incr-a'i iuy limited by' the grwng arbitrarn 's of the re-restzve legislation and re-:ricto-i of jud'cia dikcretion, it' ativitie; were greatly resented by the Government -ince legal defence of the accused helped to restrain the police and exposed their worst abuses. The G-vernntent. thereitrc, sought to paralyse the actv~ties of the Fund by the use of us arbitrary powers. 194. In June 196l, after the announcement of the decision of the Netherlands Government to make a contribution to the Defence an-l Aid Internati'tal Funi for Sou'h rn Africa. ,onl'on, in res:'nr'e to the ap eal f the Spec'al Committee, the G.ern.ment launched a 'io'ent atta.:k on t'e Furd. It served bannirg orders on several of the ofi_-ers and staff of 'he South Xtrican D-f-n-e and Aid Fund, which had rec-ived contribu- tons irvm the London Fund as well as from ''thr sources, thlough it was a completely independent body which made it own deci':ons on the use of its resources .156 J The p'ozamat'cn banning th3 Suth African Fund was apparently resorted to when these arbitrary measures did not 'ucceed in intiatii'ng all those connected with the Fund. 196. In a statem, nt on the proclamation, the Minister of Just::e, Mr. Vorster, aileged on 1 March 1966 that the Suzli Afri.'an Defence an:d Aid Fund was not an in-,endent organzatto: but a bran ch ot the I efence and Aid Fund of Chr- tan A'-tion, Lrndc-n. He alleged further that the Fund in South Africa was connected with tae I o',mun'st Party and was suoportcd by the ccmmu.ts. and that it had made its finances available to the Afri-an Na-ional Congress and the Coc-nuito:- Parry, both ,ut'aweed in terms of South African ?at,- It wast he said, strivng to bring about social, economic and political change in the Republic even at the cost of using violence. The Minister relied largely on a sworn statement signed on I October 1964 by a forme- member of the Si)uth African '-,mmu-- Party who had become a State xvitness in political trials after a long period of detention. 197. The allega-ions cf the Min:-cr and the ar',-itran' ban wv -r: den-,unc:-d by ra- -, nsibe o,''als ): the Defence and Aid Fund as 51anderous. 19S. Five prominent Cape Town c'tiztns, who had been members ,, he fanagement Committee of the South African Defence and Aid Fund-Dr. R. IIoffenb-rg, Mm. Leo Marquard, Mrs. Moira Henderson, Mrs. R. Robb and the Rev. Victor Carpenter-s.ued a statement -n 19 Marh 1966 denyi-g the m:uc o money and der'ar-ne that the Fund had only a;ss tud in the de'fence c. P'rs, ns charged with criminal offences of a political net'-me. and had never made mones axa'abl' 'o the Air'can Ntional Congress o- to the Comrlun -t P-ry. They denied that the South African Defence and AAI Fund was a suhsid:ax- of the D-;once and Aid In erpt .at Fund though it had a-m'ere dlv r-eeved funds from the Iatter. as well as from other -rganizatons such a; the Vorld Council of Churches, for the z- 'e pur-,cse of legal defence of n-litical prisoners. !99. In a letter dated 22 A-riI 1966 to the Chairman of the Spe,al Commit'ee, the Reverend Canon L, John Collins, Chairman e f the Defence and Aid In te'unatonal Fund, said that the alleation of the South African ,fonis:'r of Justice that the So,th African Idefnce and Aid Fund had made its finances available to the African National Congress and t',e Communist Part-' of South Africa, was slanderous. "(a) On 20 March 1966. two day' after Mr. Verster 'ad mae this allegat,,n. the Johannesburg Sunday Times 15The Government provided pro dco defence only for persons charged with offences which c-uld carrv death 5t-nalty. Other organizatons such as Ieasl . -l ne t extenl help to persnns farin" political charges or had cea-ed to function for lack of funds. 156 In June !''E. Mr, T. XW. PBndell. Cha-rnisn of the Western Cape Branch of thL Futtt was derte,'. In Iul-y Mrs. Laura H-m-h:n;, -'ecr ,- of the Jeohanresbtire branch. and Mr. Andrew Chamile. an Ari-an attendant in the bran-h. were banned (fr. Isv- Cra:ehea . hi-'rma, cV ''p Jrha.nsburg brpnrb, had been banned in fav-) In Octber MrA Jean Ferre Hi, a so-iat'd with the Derben b-an-h, was banned. so General Assembly-Twenty-first Session-Annexes quoted Mr. W. M. van den Berg, Attorney-General of the not be published or quoted and they may not participate in Cape Province in South Africa, as saying: 'There is noth- public organizations. Moreover. "listed" lawyers would be ing definite at this stage. If my suspicions are correct, debarred from practice, and this could nearly put an end certain aspects of the operation of the Fund may lead to to legal defence of victims of political persecution. action.' (in Court cases). In other words, the South African 204. Meanwhile, to meet the criticism that the banning of Government first declared the Fund guilty of malpractice the Fund was designed to deprive the opponents of apartheid and subversion and will now look for the evidence to justify of legal defence, the South African Government issued a this verdict, background memorandum on 18 March claiming that a legal "(b) The South African Government, though challenged aid system organized by the Department of Justice in coto do so, has produced ont one shred of valid evidence in a operation with the legal profession functioned in South Africa Court of Law to justify its calunnies against the Fund. and that "legal assistance in both civil and criminal matters "(c) As President of the International Defence aid Aid is given free of charge on a voluntary basis by South African Fund and Chairman '-,f the British Defence and Aid Fund, lawyers. The system ensures that in all suitable cases inI offered to appear in Court before any High Court Judge digent litigants and accused persons will receive legal repreor Judges and to submit to cross-examination covering the sentation". It added that at all centres "where there is an use of the Fund's monies, but I have so far not been in- attorney or attorneys willing to assist, a legal aid bureau vited to do so. has been established". Centres without aid bureaux were "We feel that the statement made by Mr. W. M. van den served by adjoining bureaux. No distinction was made beBerg and these other two factors should be made known tween political offences and other offences.162 as widely as possible; they expose the deliberate lie told 205. Members of the South African legal profession and by the South African Minister of Justice for what it is." the Press, however, denied the cla:ms of the South African (A/AC.115/L.172). Government and said that the system of legal aid existed 200. The South African Defence and Aid Fund and its mainly on paper. The income qualifications for obtaining free chairman, Dr. Raymond Hoffenberg, applied on I May 1966 legal aid were so low that few people qualified to receive it. to the Cape Town Supreme Court for the setting aside of Those in need were often afraid of visiting the legal aid the proclamation on the grounds that it had referred to "the officer as he is a magistrate. Help for criminal cases hardly Defence and Aid Fund" and not to "the South African De- existed and there wvas even less help for political cases. As fence and Aid Fund". They also asked the Court to order the Department of Justice had withdrawn subsidies from the the Minister of Justice to show all documents relating to the legal aid bureaux, offices had closed down in most centres appointment of a committee so prepare a factual report on of the Republic: those remaining open could now offer negliits activities. They claimed that such a committee should gible assistance and only in the most trivial cases. Pro deo have been established under the terms of the Suppression of defence supplied at the expense of the Government was Communism Act and was obliged to allow the Fund to be granted only in the Supreme Court in trials in which the heard before any proclamation could be issued. The Minister death sentence may be imposed: even then an advocate alone of Justice said, in a replying affidavit, that he had appointed is supplied and he is unassisted by an attorney. There was a Committee on 13 September 1965 to prepare a factual re- no system of pro deo defence in magistrates' or regional port. He admitted that the Fund was not notified of the courts'XG appointment of the Committee, but claimed that he was under 206. The misleading nature of the Government's claim was no legal obligation to do so. He refused to disclose documents further confirmed by a statement in the House of Assembly relating to the appointment and functioning of the Committee on 24 August 1966 by a National Party member, Mr. T. J. on the grounds that publication would be "prejudicial to the Kruger, who said that the present facilities for legal aid in public interest and inimical to the national security".'37 civil cases were limited to people who owned almost nothing. 201. On 16 May, the Court rejected the application of the He proposed the appointment of a commission to investigate Fund and Air. Hoffenberg. It said the applicants were unable the possibility of establishing a legal aid fund and the exto controvert the statements of the Minister of Justice. that tension of pro dco aid.'04 the Parliament had excluded the rights of the party concerned 207. Faced with the exposure of the facts, and criticism to be heard and that no question of mistaken identity had at home and abroad, the Government is reported to have arisen as the intention of the Minister was clear' s The made a limited provision for legal aid in political cases in applicants have appealed against the judgement. the Eastern Cape where, as indicated earlier, the Government 2i12. The Minister of Justice, however, described the De- has instituted numerous political trials. Government spokesfence and Aid Fund in the House of Assembly on 3 August men also stated that they had no objection to the provision as "a communist front organization",'9 The former members of legal assistance to accused. of the Fund's Management Committee in Cape Town de- -208. However, in June 1966. Mr. J. N. Oberholzer, Deputy scribed the accusation as "flagrantly untrue" and challenged Secretary for Justice, claimed that it would be "paradoxical" him to charge them before the court. They added: for the State to provide legal aid that would 'undo" the work "We can only assume that Mr. Vorster is abusing his of the police.tes In a report tabled in the House of Assembly position as a Minister and hiding behind his privilege as a oil 23 August 1966, the Department of Justice stated that member of the House when he alleges that the Defence no obligation rested on the State to ensure that all indigent and Aid Fund was a 'communist front' organization and accuqed were defended by advocate or attorney, and that legal that those who worked with it were aware of this fact."'160 aid in all criminal cases would "undermine the administra203. Grave concern has been raised by the confirmation tion of justice" and "be completely inconsistent with the by Mr. C. J. Greeff, Secretary of Justice, in August 1966 general juridical and social pattern of the country".'" that a list of office bearers, officers, members or active sup- 209. In view of this attitude of the Government, the proporters of the South African Defence and Aid Fund was vision of limited legal aid through magistrates has aroused being compiled.161 Such a list could include prominent lib- suspicion that it is meant to deprive the accused of the right erals like Mr. Alan Paton and Mr. Leo Marquard, a number to seek counsel of his own choice and to justify harassment of clergymen, and many lawyers and other professional men. of voluntary organizations interested in providing legal aid. It could include numerous South Africans who contributed The Evening Post. Port Elizabeth, reported on 30 July 1966 to the Fund. Under legislation on the statute books and the bills now before Parliament. the writings of listed men may ' 57 The Cape Times, 3 May 1966. 158Ibid., 17 May 1966. 150 Republic of South Africa, House of Assembly Debates (Hansard), 3 August 1966, cols. 97-98. 160 Evening Post, Port Elizabeth, 6 August 1966. 161 Sunday Times, Johannesburg, 21 August 1966. 1e2 The Cape Times, 19 March 1966. 163 Ibid., 19 March 1966; Sunday Express, Johannesburg, 20 March 1966. 164 Republic of South Africa, House of Assembly Debates (Hansard), 24 August 1966, cols. 1331-33. 165 Reference in the editorial in The Star, weekly, JohaiW0' burg, 11 June 1966. 166 The Cape Times, 24 August 1966.

Agenda item 34 51 that none of the fifty-one accused in the sixteen political trials which had taken place in Humansdorp this year, on charges of activities in the African National Congress. had accepted the Stare'- offer of pro deo defence.166 210. Meanwhile, he Defence and Aid internat'onal Fund. London, has announced that it is continuing legal assistance through available legitimate channels and would continue such assistance. The Reverend Canon L. John Collins, chairman of the Fund, told the Seminar on Apartheid in Brasilia: "How Defence and Aid operates is a question about which, particularly since the banning of the Defence and Aid Committees in South Africa, we need to be cautious; during this Seminar it is imperative that I should neither say nor imply anything that m-ght assisz the South African Government in its effort to hinder our work. "But there are certain things I would like to say: First. there is, I hope, little need for me to emphasize that the Defence and Aid Fund is a properly constituted body and that its accountb are i,roperly audited and open for inspection by any who may wish to see them. Secondly, I w'sh to give a categorical assurance 'lhat the banning of the Committees in South Africa, though it has created difficulties, has in no sav stopped the Defence and Aid Fund from functioning. And thirdly, and equally categorically, let me add an assurance that wve still function through channels that are legal not only outside but also inside Sou'h Africa. "The time may come in South Africa, as it came in nazi German', when it will no longer be possible to provide, through normally legitimate channels, any proper legal deien.e fo: those accused of political offences or any aid for their imcoverishied fam!!lies .... But, until there remains no further possibility of any proper defence of victims of apartheid in the South African Courts of law, Defence and Aid will continue to function within the law."168 IV. The build-up of military and police forces 211. The massive build-up of mibtary and police forces in South Africa, initated in 1960, has continued during the period under review. 212. South African officials have been claiming tremendous advances in the building up of the Defence Force as the best trained and equ pped in Africa, 213. The MI:nister of Justice, Mr. Vorster, claimed on 8 March 1966 that the South African Police alone could clean up any trouble from an African State "before breakfast".169 214. The Minister ,-f Defence, Mr. Fouch, declared on 14 March IX6 : "We know exactly what military preparedness the African States have reached and I can az:ure you they have no hope in heaven if they attack us."170 213. Military leaders have, in this connexion, emphasized the danger of a conflict with an internal and/or external enemy and claim that the Defence Force can meet such a danger.'75 216. In an address on 8 October l965, Commandant-General R. C. Hiemstra said that during W''orld War II, and again during the Korean War, South Africa's military thinking was consistently confined to her forces taking part in a major conflict as a component of allied forces ,n which she could 567 Two Port Elizabeth lawyers who were to have defended the accused withdrew after the banning of the South African Defence and Aid Fund. The Sunday Times of Johannesburg quoted the Attorney-General of the Eastern Cape as admitting that not all political accused who could not afford their own defence made use of the opportunity now provided by the State. 168 Seminar document WP/EX/6. '69Rand Daily Mail, Johannesburg, 9 March 1966. '10The Cape Times, 15 March 1966. 1 On 8 December 1965, in Pretoria, Brigadier D. A. du Toit, Chief Commandant of the Tactical Group, said that People who thought South Africa was not threatened and that their houses need not be defended, lived in an insane paradise. South Africa. he said, was living in difficult times. (Rand Daily Mail, Johannesburg, 9 December 1965.) depend for logistic support and the necessary hardware. A threat against her internal security either from within or without was hardly ever given a thought; neither was it considered likely that she might have to fight alone. The rapid acquisition of independence by the African States and world reaction to a "minor incident" like Sharpeville changed all this. He continued: -'To complicate matters, we were soon faced with an arms embargo, fairly completely enforced by most of our erstwhile friends. "We had to turn our minds to the establishment of a local munitions industry, and in a broader field to counter measures for a possible cninlete economic boycott. Time was against us. "Time may still !e against us, but I am glad to say that we have succeeded in a large measure to bridge the gap. "On the Air Force alone some 200 million Rand ($280 million) was spent on new equipment. Of what was available to us we have purchased the best and most modern that money could buy, in quantities that we could afford. "We bought Mirage ail-weather fighters, Canberra medium bombers, Buccaneer maritime strike aircraft, Hercuies C1.S0 transports. Alouette and Westland Wasp helicopters, Cessna light reconnaisance aircraft and jet trainers, the majority of which are to be manufactured in the Country. "As far as ammunition is concerned, we shall soon be manufacturing in the country about 140 different types of ammunition. "There are still some gaps to be bridged. It may cost us some tens of millions more, but I am confident that with what we've got we should be able to give a very good account of ourselves against any comer."r2 217. In a radio broadcast on 13 December, he claimed that the Defence Force was reasonably well prepared for any type of aggression, but changes in training might have to be made to meet the threats of guerrilla warfare173 218. On Republic Day, 30 May 1966, the Government arranged a massive display of the defence forces: 16,500 troops and airmen took part and 190 aircraft-including Buccaneer strike aircraft, as well as Vampire, Sabre and Mirage jets-flew in various formations. The equipment displayed included Centurion and Comet tanks, Panhard and Ferret armoured cars. Bofors and Oerlikon anti-aircraft guns, and Green Archer and Fledermans radar equipment. A. THE EmEieeoaxcy PLAyNING BILL 219. The Emergency Planning Bill which was first introduced in 1965 and reviewed in the Special Committee's report of 17 June 1965 (see A/5932 annex I, paras. 42-46). was reintroduced in the Parliament and read for the third time in the House of Assembly on 11 August 19"6. 22). The bill, described as designed to create machinery for protecting the civilian population in times of national disaster, is applicable not only in relation to war but also in case of any other disaster such as sabotage or revolt. It provides for the establishment of the Directorate of Emergency Planning in the Ministry of Justice, and regional controllers in the thirteen so-called target areas in the Republic,174 responsible for the ,rtection of strategic industries and trades and for training people in specialized tasks. It providcs for calling up persons for compulsory training in case enough volunteers are not forthcoming fo:' such tasks as firt- fighting. Every able-bodied man and woman from seventeen to sixty-five who has n,:t had militarv training and who does not fall under spccified categories of public service, will be liable to be called r- for cnmrTn-orv training. The l12l also entitles the Minister to provide for the "continuation of... government", if necessary. 172 The Cape Times, 9 October 1.5. IT3 Rand Daily Mail, Johannesburg, 13 December 1965. 74 The bill was subsequently amended in the House of Assembly to apply to South West Africa.

52 General Assembly-Twenty-first Session-Annexes 221. The leader of the Opposition, Sir de Villiers Graaff, supported the bill though he doubted whether the legislation was necessary in view of the powers the Government had under existing legislation. He did not agree that the Department of Emergency Planning should fall under the Ministry of Justice or that the bill should be in operation even when no state of emergency existed. He was unhappy that the regulations to be made under the bill by the Minister were in no way su'.)ject to review by Parliament or any other body. T 222. Opposing the bill, Mrs. H. Suzman. the Progressive Party member, said that it conferred on the Minister unqualified powers of interference with the daily life and the property rights of citizens and, indeed, with the national economy; and that it did not define the powers of the Minister in respect of any emergency; and that it did not provide any safeguards in respect of the duration of any period during which emergency powers may be taken by him. She also objected to the "blanket powers of conscription" which the Minister may apply without even having to declare a state of emergency.176 223 The Cape Times commented on 5 August 1966: . . . W.hat sort of emergency are we thinking of? Typhoons, tornadoes, tidal waves, earthquakes, volcanic erupt'cn; and other natural disasters are so improbable that they can be dismissed. The greatest risk is clearly of war and insurrection. Here is something concrete to think about and it immediately suggests interesting questions. If there is an invasion how rigidly are we going to cling to apartheid? Will African and Coloured doctors and nurses be allowed to help white casualties and vice versa? Will mixed ambulances be allowed? Or mixed air-raid shelters? Getting our minds clear on questions like these should probably be the starting point of emergency planning. An enemy could so easily make use of inter-racial tensions, He could bomb Soweto and cause chaos on the Rand; or he could bomb the white areas of Johannesburg and shower revolutionary leaflets on Soweto." B. EXPANSIOIN OF MILITARY AND POLICE FORCES 224. The budget for 1966-67, introduced in the House of Assembly on 17 August 1966, provides for a defence expenditure of 255.9 million Rand ($358.3 million). The estimates show an increase of 25 million Rand ($35 million) for the Defence Special Equipment Account, used for major purchases abroad. The Minister of Finance, Dr. Donges, announced increased expenditure on new aircraft, radio and radar units, and added: "The verdict of the International Court on the South West Africa case may perhaps have reduced the immediate danger of military action against the Republic, but it has not lessened the malevolence of those who wish to bring about the Republic's downfall and we would be foolish and unworthy of our trust if we were to relax our vigilance or our preparedness." He expressed the hope that "the great increase in defence expenditure has now come to an end and that it should be possible to stabilize this expenditure at roughly the same level, i.e., with only normal increases from year to year".177 2 _'Mea'while, the command of the defence forces has been reorganized in view of the expansion of the Defence Force,178 and all branches of the military and the police have been strengthened. Some of the recent developments in this connexion may be noted. 226. The training of the defence forces is planned to be increased. The need of the Defence Force administration, Combat-General C. H. Hartzenberg, announced on 18 December 1965 that from next year the professional training of your Permanent Force officers would be increased to four '75Republic of South Africa, House of Asseuibly Debates (Hansard), 8 August 1966, cols. 333-38. 16 Ibid., cols. 352 and 356. 177Ibid., 17 August 1966, col 900, 175 Statement by the Mini-ter of Defence, 6 December 1965. years, instead of one to three years.'79 The Minister of Defence, Mr. Fouch6, said on 14 March 1966: "In four or five years' time every youth in the country who is capable will undergo military training. "At the moment it is not physically possible, but there has been tremendous expansion. Military training in 1964 was thirty-two times greater than in 1960."180 His successor, Mr. Botha, appealed to employers on 19 August 1966 to encourage their workers to serve for more than the required four years in the Citizen Force.181 227. Mr. Botha announced in the House of Assembly on 29 September 1966 that he would introduce legislation next year to abolish the ballot system now used for the Citizen Force and introduce compulsory military training for all medically fit young male citizens, except those who joined the Permanent Force, the Police or the Prisons Department, (Such a move, according to the Defence Department spokesman, would increase the number of Citizen Force trainees by about 50 per cent.) He was in favour of extending the training period of members of the Citizen Force and Commands.182 228. The Air Chief of Staff, Combat-General H. J. Martin, said on 6 February 1966 that the Air Force might soon be activating air bases built during the Second World War as new aircraft were being acquired.183 A strategic new airfield was opened in August 1966 at Nalspruit on the northern border of South Africa. South African Air Force aircraft will use the field in the course of border patrols.184 Earlier, in November 1965. South Africa's first early-warning radar defence system, engineered by the Marconi Company, came into operation. The station at Devon covers about 60,000 square miles in the Transvaal and is part of a network which will eventually cover the country. The system gives warning of the approach of hostile aircraft hundreds of miles from the country's borders.185 229. The Navy Chief of Staff, Vice-Admiral H. H, Biermann, announced in June 1966 that a larger harbour and a new headquarters building would be built for the Navy at Simonstown. These extensions, he said, were necessary in view of the great expansion of the Navy in the past five years.186 230. A naval tactical school for training officers and ratings in anti-submarine tactics, built at a cost of 150,000 Rand ($210,000), is expected to be finished in August 1966. It is reported to have "very, very secret" equipment.187 231. The Minister of Defence, Mr. Botha, told the House of Assembly oii 4 October 1966 that a second naval base would be established at Durban, but not before 1968.188 232. In Augu't 1966, a spokesman of the CommandantGeneral's office disclosed that a new army combat group, known as the "Task Force", had been formed on the instructions of the Supreme Command, 233. Its strength was not disclosed for security reasons, but the spokesman stated that it would comprise some of the best-trained troops who would be equipped with the most modern weapons available and assured of full and adequate air support in any emergency. The unit would be available for any eventuality in any area.189 234. It was reported on 15 December 1965 that extensions to the Police College in Pretoria had been finished and that 179 The Cape Times, 20 December 1965. 2s°Ibid., 15 March 1966. 1sl Ibid., 20 August 1966. Mr. D. W. Botha was appointed Minister of Defence on 4 April 1966 succeeding Mr. J. J Fouche, I181 Ibid., 30 September 1966. IP' Ibid., 7 February 1966. 184Soulh African Digest, Pretoria, 2 September 1966. S" The Star, weekly, Johannesburg, 20 November 1965; South African Diqest, Pretoria, 19 November 1965. 186 South African Digest, Pretoria, 24 June 1966. 187 The Cape Times, 18 November 1965. '8 Ibid., 5 October 1966. 189 Sunday Express, Johannesburg, 14 August 1966.

Agenda item 34 more than 2,000 police trainees could receive training there every year.190 235. Brigadier H. van den Bergh announced in May 1966 that the expansion of the Security Branch of the police was continuing. It had already trebled its strength in the past three years.191 236. It was reported in August 1966 that about eighty white policemen from newly independent African countries had joined the South African police force in the past three y'ears as a result of a special drive by the police force and the Department of Immigration. These included Mr. Victor J. Bissley, who had been a colonel in Ghana; Mr. David Joseph Parnell King, former Acting Assistant Commissioner of Police in Malawi; Mr. Michael Griffith, former captain in the Congo; and a former Assistant Commissioner of Police in Tanzania.192 C. 'MANUFAC URE OF ARMS AND DEtENCE RESEARCH 237. Government spokesmen have claimed great advances in manufacture of arms, ammunition and equipment in the country. 238. The Minister of Defence, Mr. Fouchi, noted on 18 August 1965 that the amount spent on manufacturing of arms had increased from 3H,225 Rand ($441,315) in 1960-61 to 33,002,500 Rand ($46,203,500) in 1964-65, and added: "The experience of the past few years has given me such confidence in the capacity and adaptability of our industry that it is no longer a question of whether we can make a certain article but whether we can make it economically"193 239. State President Swart said in his opening statement to Parliament on 21 January 1966: "Defence research and development and the expansion of the South African munitions industry have assumed important proportions resulting in an ever-increasing measure of self-sufficiency.-is 240. Commandant-General Hiemstra said in Port Elizabeth on 16 March 19f6 that South Africa would shortly be manufacturing about 140 different types of ammunition and bombs and was capable of manufacturing the whole range of infantry weapons and armour plating equal to the best quality produced overseas. It would not be long before South Afri can-built jet trainers would be rolling off the assembly lines at the 30 million Rand ($42 million) Atlas factory, and the possibility of building her own naval craft, including submarines, would be within South Africa's reach in the foreseeable future. Referring to the great advances in South African manufacturing industries, he warned that, if necessary, manufactures of "ploughshares" could switch to making "swords". Every industrial concern in the country, he added, was potentially a member of the Defence Force, and every worker a soldier in civilian clothes.195 241. On 24 August 1966, the Minister of Defence, Mr. Botha, announced the establishment of a Defence Research Council which would combine the functions of the various existing bodies and would define research and development and determine the order of priorities; advise on financing of research and other projects; investigate progress reports and research results; advise on defence requirements and the desirability of local manufacture of any product as opposed to its importation; advise on stockpiling and control of essential supplies; determine the extent cf the convertibility of industry in time of war; and examine any other matter referred to it by the -\Iinister.196 1 The Cape Times, 15 December 1965. 191Sunday Express, Johannesburg, 8 May 1966. 192 South African Digest, Pretoria, 5 August 1966; Evening Post, Port Elizabeth, 13 August 1966. 1"8 The Cape Times, 19 August 1965. '9 Senate of the Republic of South Africa, Debates (Official RePort), 21 January 1966, col. 11. '" The Star, daily, Johannesburg. 17 March 1966. 1'" Republic of South Africa, House of Assembly Debates Hansard), 24 August 1966, cols. 1328-1383. 242. The Minister of Planning, Mr. Haak, told the House of Assembly on 7 October 1966 that the Department of Defence had provided the Council for Scientific and Industrial Research with 10,220,600 Rand ($14,308,840) for secret defence research projects during the current financial year.'97 243. A demonstration flight of the Macchi MB 326 jet trainer assembled by the technicians of the Atlas Aircraft Corporation and renamed "Impala" was held at Ysterplaat airfield on 11 May 1966.19A Manufacture of the aircraft at the company's factory was expected in 1967.199 It may be recalled that the establishment of this factory had been made possible by foreign assistance. 244. It was reported, on 8 November 1965, that Bonuscor. which organized the Atlas Aircraft Corporation, had received a loan of 3,500,000 Rand ($4,900,000) from Western European sources for this purpose.20o 245. Major U'. T. C. Rogerson, Managing Director of Mercantile Italo Brittanica, Rome, and Sir Robert Foster, a director of the firm and a former Royal Air Force Chief Marshall, arrived in South Africa on 9 February 1966 to inspect the Atlas Aircraft Corporation factory and visit the Department of Defence. They stated that they would have talks with officials of the Atlas Aircraft Corporation on behalf of Piaggio. the Italian aircraft company which manufactures the British Bristol Siddely Viper jet engine under licence and will export it to South Africa.201 They also planned to study South Africa's sales potential for Italianbuilt Agusta helicopters and Piaggio business aircraft.202 246. Vorkers for the Atlas Aircraft factory have been recruited in the United Kingdom and other countries. D, IMPORT OF ARMS 247. The South African Government has claimed that it has been able to obtain substantial quantities of arms and equipment from abroad despite embargoes imposed by many States. 248. It has been receiving some arms and equipment ordered before the embargo. Seven of the sixteen Buccaneer aircraft ordered in the United Kingdom arrived in Pretoria on 3 November 1965.203 249. Moreover, press reports have indicated that licences for the export to South Africa of a substantial number of Macchi MB 326 jet trainer aircraft, some assembled and some unassembled, have been granted by Italy.204 The first batch of the aircraft, fully assembled, are expected to arrive in South Africa about the end of 1966.205 250. On 12 March 1966, it was revealed by an official of the United States Department of Commerce in Washington that it had rejected a long-pending application to ship $1.5 million worth of aircraft to South Africa, as the proposed use would have been inconsistent with the United States commitments to Security Council resolution 181 (1963) of 7 August 1963. He described the aircraft as small and non-military.. 20 197 The Cape Times, 8 October 1966. 18 Ibid., 12 'May 1966. 199 Ibid., 7 February 1966. The Impalas are to replace the Harvards of the South African Air Force as basic trainers. 200 The South African Financial Gazette reported in June 1966 that negotiations for a loan of about 20 million Rand ($28 million) from Europe were in progress. A consortium of French banking and industrial interests said that it was willing to make capital available. Sud-Aviation of France was actively interested in the project as technical advisers and as a supplier of many of the plans and some of the equipment. (South African Digcst, Pretoria, 10 June 1966,) 201 The British arms embargo prevents export of these engines from the United Kingdom. 202 Rand Daily Mrail. Johannesburg, 10 February 1966. 203 The Cape Times, 4 November 1965. Another aircraft was lost at sea on the way to South Africa. 204 The Star. daily, Johannesburg, 16 November 1965. 251Ibid., 31 January 1966. 206 The Cape Times, 14 March 1966. These were reported to be Cessna aircraft.

General Assembly-Twenty-first Session-Annexes 251. Commenting .n this announcement, the Minister of Defence, M7. Fouchl, claimed on 14 May, "don't worry, we can buy this type of plane any afternoon" and "within three years we will be able to make them in our spare time". He ,aid that during the past few weeks, he had been approached by representatives of three big P,_,%crs with offers of heavy armament.207 "li we want to buy submarines I can get as many as I can write cheques for, 'e cannot always bay the weapons Me want, but we can always get a very good substitute.'208 2' The Daily Telegroph of London reported on 14 May 1966 that the South African Defence Force had ordered a number of Nort Transall freight planes and sixteen SuperFrtlon helicopters from France at a cost of £0 million. The Tralisall has a range of 3.000 miles and can carry a payload of 32.000 pounds. The Super-Frelon can carry either a freight payload or thirty fully equipped men. It is said to be ideally suited for hunting guerrillas or bush warfare.209 Brigadier P. M. Retief, Director of General Services of the South African Air Force, disclosed on 29 September 1966 that the first of the Super-Frelon helicopters, costing £300,000 each. would be delivered so' n and that the Air Force expected to have them in operation early next year.210 2:3. The Guardian, London, reported on 1 September 1966, that the sale of three French Myst~re-20 jet aircraft to the South African Air Force had been forbidden by the United States Government cn the grounds that it would violate the United Nati.-ns embargo on selling military material to the South African Government. (The Mystre. an executive aircraft holding ten people, is built by Dassault and SudAviation. but the two turbo-jet engines are supplied by General Electric. a United States company.) The order was said to be worth $4.5 million. Dassault, the French firm which also makes the Mirage IV jet bombers of the French forcc Ira,*pe, was report-d to be intending to appeal against the batt un the grounds that the aircraft were not, str clv.pea..r g, military material. SoLu'h African pilots were bc r.e tra:,e I to fly the aircraft when the ban was reported.'] 254. Press reports indicate that the Shackleton aircraft of the maritime group of the South African Air Force are due har replacement, but "South Africa has been unable to evade American interpretation of the United Nations embargo for the purchase of Lockheed Orions and cannot buy the Bregutt Atlantique because of it, high proportion of United States avionics".2t2 27 The Star, daily, Johannesburg, 15 March 1966. 208 The Cape Times, I5 March 1966. 209 The Star, weekly, Johannesburg, 14 May 1966. According to Southern Africa, London of 30 May 1966, the sixteen helicopters were estimated to cost £10 million: discussions were under way for the purchase of Transall aircraft. South Africa had already bought the naval version of the SuperFrelon. 210 The Cape Times, 30 September 1966. -1 Earlier, on 8 August 1966, Southern Africa, London, reported that the three Mystres had been ordered at the end of 1965. These aircraft are manufactured mainly for "General Staff communications" and can also serve as trainers for navigators of the Buccaneer aircraft ordered from the United Kingdom. The paper also reported that the United Kingdom had concurred in the sale of the Myst~res fitted with Hawker Siddeley 125 engines, The Anglo-French version is cheaper, but has a somewhat lower cruising speed and carries only eight passengers. 12 Flying Rcvctt International, quoted in South .lfrican Summary, New York, 10 August 1966. The position of the United States with regard to South African orders for aircraft was explained in a Congressional hearing on 2 March 1966 by Mr. Alexander Trowbridge, Assistant Secretary of Commerce, as follows: "There have been a number of applications, M-fr. Chairman, for permits to export aircraft to the Republic of Soutil Africa. Licensing of military aircraft is under the jurisd'ction of the Office of Munitions Control of the Department of State. Military aircraft are denied licences in accordance with the United Nations Security Council reso- ..MILITARV CO-OPERA'ION WITH OTH4ER COUNTRItE5 255. Reference may be made, in addition to the developMents indicated earlier, to the continued visits of foreign naval vessels to South Africa. In December 1965, the Belgian naval training chip Kamiria called at Cape Town and Durban on a goodwill visit to South Africa. It was reported to be the first ship of the Belgian Navy to call at South African ports, 1:a 256. It has been indicated that the 1955 Agreement between the United Kingdom and South Africa concerning the Simons. town naval base may be revised. On 28 September 1966, the Miister of Defence, Mr. Botha, confirmed British press rep..rts that the United Kingdom had informed the South AiriLin Government earlier this year of its intention to terminate the presence of the UTited Kingdom fleet in Slntons;owvn ir economc reasons, with the retention of certain privileges. H.' asEud that "in the light of these intentions of the British Government which have now been publicized, and in the light of the manner in which the Rritish Government has honoured the spirit of the Simonstown Agreement, a revision of the Agreement has become essential."'14 At;ipet,,'!x RsViiW .,F POLITICAL TRIALS Iy THE REPUBLIC OF SOUTH AF.IILA SicE 10 AUccir 1965 1. On 13 August 1965 in Humansdorp, six persons were found guilty of being members of the banned African National Congress and taking part in its activities. Mr. James Tashaka was sentenced to three years and nine months imprisonment, and his wife, Hilda, and son, Patric, to three years each. Mrs. Florencia Tswana and Mr. Melford Filile were sentenced to three years and three months each, and Mr. Pubane Hude to three years and nine months.a 2. On 19 August in Johannesburg, Mr. Joseph Gqabi was sentenced to tea years' imprisonment on charges under the lutions which have dealt with the questions of arms, ammnition, and military equipment. Most civilian aircraft is licensed for export by the Department of Commerce, In implementing the United Nations arms embargo, the Department of Commerce has denied licences for the sale of civilian aircraft to South Africa where it was determined that the aircraft would likely be used for military purposes. There have been other cases where the end use was of a purely commercial nature and the export has not been prevented .., "\What we try to do to the best of our ability is to determine the end use of the particular item that is up before us for licensing, for permission or denial. We consult with our Embassy officials. We try to determine exactly what the circumstances are, who is going to operate it, or fly it, or, how it is going to be used, Where we see a clear use in defence terms, the presumption is for denial." (United States-South .African Relations; Hearings before the Sub-Committee on Africa of the Committee on Foreign Affairs. House of Representatives, 89th Congress, 2n;d sesSion, Part 1, page 53.) Mr. William F. Lang. Deputy Assistant Secretary of Defence for the African region, said on 8 March 1966: "Another illustration would be the case where the South African Government sought to buy some Orion aircraft; these aircraft are specially configured with electronic equipment for antisubmarine warfare. From the defence viewpoint we considered it would be important for South Africa to have this capability, because of the submarine threat in the area. Yet we did not press this importance, when the State Department judged that it would be in our national interest not to sell the aircraft." (Ibid., p. 109.) 213 The Cape Times. 7 December 1965. 214 ITid., 29 September 1966. According to press reports, the United Kingdom would withdraw its only naval vessel, the frigate Puna, and possibly the headquarters staff of Conmander-in-Chief, South Atlantic, Vice-Admiral John M. D. Gray. Frigates and submarines based in the United Kingdom would make periodic visits for the anti-submarine training of ships of South African Navy. a In each case, the total sentences imposed were considerably heavier, but because portions will run concurrently, the mammum term to be served is three years and nine months. Agenda item 34 Suppression of Communism Act, including one of inciting 15. On Africans to undergo military training outside South Africa. were foun He was already serving a sentence for simlar offences. and were 3. On 23 August in Pretoria, Mr. Cyril Solomon Jones The case won his appeal against a twelve-month sentence imposed upon gro::nd Pc him in February 1965 on the charge of contravening the by the ac Suppression of Communism Act by keeping under his control il-trvcat.d communist literature for the purpose of distribution. crate lies. 4. On 25 August in Cape Town, Mr. Bethwell Booi was 16, On sentenced to twelve months' imprisonment for perjury. His Xakana w evidence at the trial of -Mr. A. S. Sishuba (acquitted oi charge of belonging to an underground organization, Poqo) conflicted piece of c with an earlier statement he made to the police, at the rai O On 31 August, the Pretoria Supreme Court dismissed damage St the appeals of Messrs. J. Schermbr-cker. E. Weinberg. N. 17. In S Levy and L. Baker, and Mrs. E. Barsel and M-rs. M. Doyle a banned against sentences imposed on 13 April 1965 on charges of tence imp membership in the Communist Party. All but Mrs. Doyle banned per were given leave to appeal to the Appellate Division. cnus on a 6. On 31 August 1965 in Johannesburg, Mr. Petrus banned per Willem Letlalo, a seventy-six-year-old banned African, was IS. In found guilty of receiving visitors in contravention of the were ze:,ere banning order. The magistrate cautioned and discharged tio.n-- C, ni Mr. Letlalo who had told the Court that the two visitors had prison sent come to his home with his son. The total 7. On 1 September in Pretoria, -Mr. Steve John Makgogo Mgalonkulu of Sekikhuniland was sentenced to twelve months' impris-,i- months; M ment for wearing the badge of the Communist Party. He Bikie. Philo told the Court that he had been threatened with death if he months: M did not wear the badge and Mr. W 8. On 7 September in Pretoria, Mr. Peter Metshane of 19. in S Rustenburg and Mr. Mnyamane Hlaya of East London were missed with sentenced to ten years' imprisonment each on the charge oi brucker aga leaving South Africa illegally from February to April 1964 Courton6and proceeding to Nanking for military training. The ac- that her hi cused, alleged to have been associated with the African person abou National Congress, were unrepresented and pleaded guilty, said in his 9. On 8 September in Wolmaransstad. Mr. Dawood Cajee, the personal a sixty-three-year-old Indian businessman. was acquitted on hmendment charges of contravening a banning order. The Court granted the defence application that the evidence of the two State .0. In Se witnesses was "utterly unreliable". One of them had testi- missed the flied that he had lied to the police f( r fear of being detained, and sentence 10. On 8 September in Humansdorp, Messrs. Diliza Malk- terms of a nana, Mqcini Luzipo, Temba Xandekano and Mk-ekeza duced from Mnya.mana were sentenced to thirteen years' imprisonment years to or each on seven charges of contravening the Suppression of months. Communism Act. The charges included membership in the 21. On I African National Congress and furthering its aims. Six a mine wor years of each sentence will be served concurrently, reducing Cinderella P the gaol terms to seven years. imprisonment 11. On 9 September, the Cape Town Supreme Court dis- prison condit missed the appeal of Miss E. A. M. Tobias against a sen- 22. On I tence of two months' imprisonment passed in May 1965 on charges und the charge of breaking a banning order by attending a Brown, a wh braaitleis or barbecue on Table Mountain with two friends, student. They Leave to appeal wa5 refused. the former h 12. On 9 September in Addo, Mr. Tim Gqwakasa was latter kept ii found not guilty' of charges of membership in the African drawal. National Congress and of taking part in its activities. 23. On 14 13. On 15 September in Port Elizabeth, Mrs. Zebia was sentenced Notemba Mpenda, a nursing sister who had been in custody the aims of for eighteen months, was sentenced to eighteen months' A. N. C. lea imprisonment for having been a member of the African months of th National Congress (A.N.C.). to twelve months for solicit- Constantino ( ing subscriptions for the A.N.C., to six months for allowing Mr,. Schc -n, an A.N.C. meeting to be held in her house and to twelve of which wi:1 months for displaying an A.N.C. symbol. Part of the sen- serving. In e tenees will run concurrently and in all she w i!l serve two (Secret Agen and a half years. had been me 14. On 17 September in Grahamstown. Mr. Malgid Ntebli South Africar andMr. Mxolist Jayiya weresentencedtofive e im- team in pasti prisonment each, and Mr. Xholisile Rhoxo and 'Mr, Lizo 24. On 14 Sithoto to six years each, on charges ',f attempting to leave Juhn Mjaba, South Africa to undergo military training in Dar es Salaam Stanley 5 ke. on behalf of the African National Congres,. were sentence 23 September in Port Elizabeth, thirty Air cand guilty under the Suppression of Communism Act sentenced to a total of 123 years' imprisonment. arose from the alleged plans 111 1964 of the undersqo organization to Zak.- over Molteno. Allegations cUqe,i that they had be-n as-aul-..-d, t,rture3 and by the police were rejected by the Court as delib30 September in ,eniontein. Mr. Coingre.; -as sentenced to sis years imprisonment on a -abotage. He was found guily of throwing a ast iron into the work'ng parts of a conveyor belt ilway workshop at Blomfontein with intent t, ate property. He pleaded not guilty. eptember in Johannesburg, Mr. Ghana Mohamed. person, won an appeal against a one-month senosed cn him for communizating with another son. The judge found n) regulaton placing the banned person to acquinre a list of naiies of o-her sons. Sep-embr, in Humansdorp, nine African men nced on charges of belonging to the Airica Nagress and furthering its activities. Some of the ences imposed will run concurrently with others. sentences they will serve are: -fessrs. Mountain and Mzwtand le Tsha i. -ix years and three essrs. Charlie Krisjin, Jacksc n Maseti, Michael emon Buti and Sorf M

S6 General AssemblyTwenlty'first Session-Annexes members of the banned Pan Africanist Congrss and further- 34. On S November i ing its aims. Mir, Alie Radebe was found not guilty and dis- her appeal against a se charged. All the accused were convicts at Baviaanspoort imposed on her in Aug Prison. The Magistrate, Mr. L. van R. Luyt, quoted Mr. four copies of the banne Mkize as having said in evidence: "God gave the country for ruled that her explanatic everyone to enjoy. The white people have taken it and journals should have be made a slave of me." He commented that statements such as 35. On 8 November these necessitated a serious view by the Court. won his appeal against a 25. On 25 October in Cape Town, Mr. Pieter Hlatswayo for membership in the and Mr. Mshyeni Gumby were sentenced to twelve years' Umkonto We Sizwe. T] imprisonment each and Mr. Eliphas Mashigo sentenced to documents relating to th ten years on the charge of sabotage. All three pleaded guilty. writing, which were fou The case was a sequel to an escape of thirty-one convicts of his membership. when they were being taken to prison. The State alleged 36. On 9 November that the prisoners had plotted to attack Ladysmith after Joseph Brutus was sente escaping and that the plan had been engineered by the under- for contravening his ba ground Poqo. Two years of the sentences of Mr. Mashigo and South African Coloured Mr. Hlatswayo are to run concurrently with sentences they three gatherings. He wa are now serving, a meeting and leaving 26. On 25 October in Cape Town. charges of furthering 37. On 19 November the ainis of communism were withdrawn against Messrs. Dun- langu. Isak Masigo, Cyli can 0. Human, Albert H. Thomas and Achmat Osman. They and Phineas .Itotyway had been in prison under the "no bail" clause (Criminal tenced to death on 14 A Procedure Act of 1965, section 6a.1). fellow long-term prisor 27. On 27 October in Grahamstown, Messrs. Julius Matla- Baviaanspoort Prison. T lana, Kolisile Willem and Washington Magogongo were sen- to be members of the I tenced to five years' imprisonment each on charges of sawing operated in the prison. off a telephone pole and cutting off telephone wires. the secrets of their gro 28. In October in Grahamstown, Mr. Titus Jobo of Port Division wa' refused on Elizabeth was sentenced to five years' imprisonment on the 3S. On 19 November charge of sabotage. Four years will run concurrently with a Tangala, George Mogor sentence of eighteen years he is serving for similar offences. of attempting to leave tI Mr. Jobu was found guilty of setting fire to the South to turther the aims of Africa Wood Working Company's factory near Korsten on Tangala was sentenced 24 October 1962, with the assistance of two other persons. Mr. Mogoro to six yea The damage was estimated at 12,500. also recruited men for 29. In October in Grahamstown, Messrs. Gilbert Yonke, to twelve years' impriso Mhleli Mngayi, Samuel Peter and Wilson Fanti were each demus Twana, was four sentenced to five years' imprisonment on the charge of sabo- 39. In November in tage. Two years of the sentences of Mr. Fanti and Mr. Peter sentenced to seven year will run concurrently with sentences they are serving for ing people to undergo similar offences. They were charged with having set fire to of the African National and damaging a motor truck belonging to a Mr. Vasco de are to run concurrently Gama Hlangwana, a former police sergeant, who had ar- is already serving for rested people in Pondoland during political disturbances. bership in the A.N.C, 30. In October in Grahamstown, Messrs. Stanley Matcha, 40. In November in University of Tashavanduka, Peter Nongene. Mxolisi Bardien was sentenced Magaba, Muyisile James Didiza, Clopas Ndunana. Ephraim participating in the aft Ndzenga and Makosi Ndumo, all of Kwazakhele, Port Eliza- People's Congress whil beth, were found guilty of sabotage and of belonging to an days, suspended, for pC unlawful organization, and each was sentenced to five years' cation, Fighting Ta!k. imprisonment on the first count and two years' imprisonment 41. ln November in on the second count. The two sentences are to run concur- yeas sentence imposed o rently. Suppresson of Commu 31. In October in Cape Town, Mr. Mashack Mampunye was found guilty of taking part in underground Poqo activities and of being a member of the underground Poqo. He was sentenced to two years' imprisonment on the first count and to three years' imprisonment on the second count. 32. On 8 November, Mr. Isaac Heymann was sentenced to eight days' imprisonment and on 15 November to twelve months' imprisonment for refusing to give evidence for the State at the trial of four Africans charged in connexion with military training outside South Africa to further the aims of the African National Congress. Another State witness, Mr. Phillip Sello, who also refused to give evidence for the second time, was sentenced to twelve months' imprisonment.b 33. On 8 November in Johannesburg, a State witness was sentenced to eight days' imprisonment for refusing to give evidence at a trial in camera under the Suppression of Communism Act. (Publication of the name of the witness is prohibited.) b In October 1966 the Appeal Court in Bloemfontein set aside the one year sentence on Mr. Heymann but dismissed the appeal of Mr. Sello. three years. 42. On 2 December sentenced to four and being members of the their involvement in th Elizabeth Bus Company 43. On 14 December from Gamkaspoort Pri, years' imprisonment on from custody. It was inspired by the under police station and pee Basutoland. Messrs. Js sentenced to twelve yea tage; Messrs. William Mabika, Jackson Gcebe dula. Richard Ndungt" Michael Nkosi, Joseph Willie Nompondo, Wi Thomas Bbolati were each on the same char to four years' imprison n Pretoria, Mrs. Pixie Benjamin won entence of six months' imprisonment ,ust 1965 for being in possession of ed journal, Fighting Talk. The Court in that she did not know she had the en accepted. in Pretoria, Mr. Louis Mnimkulu sentence of five years' imprisonment African National Congress and the lie Court accepted his argument that hese organizations, some in his handnd in his possession, were not proof in Goodwood, Mr. Wilfred Cecil enced to fifteen months' imprisonment nning order by holding office in the People's Congress and by attending s acquitted of the charge of attending the magisterial district of Wynberg. in Pretoria, Messrs. Victor Mahon Mebaso, Corry Tyini, Joel Leballo were executed. They had been senpril 1965 on a charge of murder of a ner, Mr. Mhlonkonjo Madellala, in he men and their victim were alleged ?an Africanist Congress group which Mr. Madellala had allegedly divulged up. Leave to appeal to the Appelate 2 August 1965. in Johannesburg. Messrs. Shadrack o. and Jackson Fazile were convicted he country to receive military training the African National Congress. Mr. to seven years' imprisonment and rs. The Court found that Mr. Faile military training and sentenced him inment. A fourth accused, Mr. Nicond not guilty and discharged. Grahamstown, Mr. Ngaze Zweni was s' imprisonment on a charge of helpraining which could further the aims Congress. Two years of the sentence with a seven- year sentence Mr. Zweni cutting telephone wires and for memCape Town, Mr. Mogomat Toufie to three months' imprisonment for airs of the South African Coloured e under a banning order, and thirty ossessing copies of the banned publiGrahamstown, the four-and-a-halfn Mr. Louis Leo Mtshizana under the nism Act was reduced on appeal to in Port Elizabeth, ten Africaiis were a half years' imprisonment each for African National Congress and for e 1961 strike by workers of the Port The trial opened - n 27 July 1965. in Cape Town, twenty-two prisoners son were sentenced to a total of 204 a charge of sabotage and escaping alleged by the State that the men, ground Poqo planned to attack the pie of Ladysmith and then flee to ohn Sitole and Stanley Nduna were rs' imprisonment on a charge of sabo* Mbata. Joseph Culaya, Bangunolin ni, David Pieterse, Government Han' ana, Alfeus Motji, Jackson Blaauw, Ngwenya. Isaac Sobekwa. Tiba Gudle. illiam Gcanga, Andries Mbanga and sentenced to ten years' imprisonment ge. Mr. Albert Bobovi was sentenced ment and Messrs. Kolekile Mashala

Agenda item 34 57 and Samuel Lekgowe to three years each for escaping from banned Pan Africanist Congress, and one year each, suscustody. Mr. Justice Diemont, in directing that part of his pended. on a charge of taking part in its activities. judgement be sent to the Commissioner of Prisons for a 56. On 29 March in the Cape Town Regional Court, Mr. "long and careful" inquiry, said that "the evidence of callous Benjamin Joseph January was sentenced to six months' imtreatment" of the prisoners "is strong". prisonment, conditionally suspended for three years, on a 44. On 15 December in Pretoria, Miss Shcila Weinberg, a charge of illegal membership of an organization. Mr. January nineteen-year-old student, who had been sentenced to eighteen was listed as a communist in 1955 and, under the terms of months' imprisonment on 15 September on a charge of having the Suppression of Communism Act, listed communists are taken part in the activities of the African National Congress prohibited from membership of any organization. Mr. Januand the underground Umkonto Ve Sizwe (Spear of the ary told the Court that he had been secretary of the National Nation), had twelve months of her sentence conditionally Union of Laundry Workers since 1941. When, at the beginsuspended upon appeal. ning of the year, he was told of the illegality of his position, 45. On 20 December in Durban, Mr. Rowley Lionel Aren- he had resigned immediately and had since applied for his stein was acquitted on six counts of contravening the name to be struck from the list of communists. Suppression of Communism Act. He was found not guilty 57. On 31 March in the Grahamstown Supreme Court, the on another count at the close of the State case earlier in appeal of Miss Sylvia Neame was allowed and a four-year the trial. sentence imposed on her on 23 July 1965 in Humansdorp on 46. On 2.S January 1966, in the Johannesburg Regional charges under the Suppression of Communism Act was set Court. Ms. Lesley Schermbrucker was sentenced to 300 days' aside.e imprisonment for refusing to give evidence for the State on 58. On 4 April in Pretoria, Mr. Joseph Tamsanqua Tsele the previous day at the trial of Mr. Abram Fischer. was acquitted on a charge of breaking the house-arrest order 47. In January 1966 in Umtata, Mr. Ezra Mvuyisi Siqwela served on him. was found not guilt' of a charge of carrying or displaying 59. On 4 April in the Free State Supreme Court, Messrs. posters reading "South Africa on Trial", "Brute Force" and Amos Ndoni, Reginald Mbonya, Desmond Mcamane, Discipline "Chapters in the March to Freedom". It was alleged that Nkonyami and Vulindlela Nanakosa were acquitted on appeal. these indicated that he was, or had been, connected with They had been sentenced to a total of seven years' imprisonthe African National Congress. Mr. Siqwela is at present ment each in November 1965 on charges of belonging to, serving a prison sentence of fourteen months imposed on contributing funds to and furthering the aims of the underhim on 26 November 1'W65. for being in possession of copies ground organization Poqo. Mr. Justice Klopper said: of ANet APc and Fighting Talk. "It seems to me that the State assumes that when ac48. On 3 February in Cape Town, a charge against Dr. cused are indicted as Poqos they must be guilty. All that Geoffrey Dean of publishing false information about South remains is for evidence to be led and the court must do the African prison conditions was withdrawn. No reason was rest." given for the withdrawal. 60. In April in the Port Elizabeth Regional Court, Mr. 49. On 4 February in Cape Town, Mr. Kwedi Mkhalipi Capetown Dlepu. Mr. Paulus Lusa and three others charged was sentenced to twenty years' imprisonment, Mr. Jack Jaxa with incitement to commit public violence at a public meeting to seventeen years', Mr. Wilson Mketshane to eleven years on at the Ntolweni Location. Fort Beaufort, on 2 November the charge of conspiring with others to send people beyond 1956, were found not guilty and discharged. Mr. Lusa, aged the borders of South Africa for training in guerrilla warfare seventy-eight, was brought from his hospital bed for the final and sabotage. Another accused. Mr. Sokongo Muleka, was hearing of the case. The Magistrate found that the State found not guilty and discharged, witnesses had contradicted each other to the extent that no 50. In February in Krugersdorp, Mr. Frederick Neill was reasonable man could fairly convict on their evidence. sentenced to twelve months' imprisonment, the entire term 61. On 3 May in the Umtata Supreme Court, Mr. Zantsi except for one day was suspended. He had been found guilty Kweqyir Mzimxa, an articled clerk, was sentenced to twelve on a charge of not reporting his change of address to the months' imprisonment, of which nine months were condiSpecial Branch Police, which, as a listed communist, he was tionally suspended, for being found in possession of copies obliged to do. of the banned publications, Fighting Talk and New Age. 51. On 23 February in the 'Velkom Regional Court, four 62. On 5 May at the Cape Town Criminal Sessions, fourof seven Africans charged with belonging to and furthering teen Africans, who had appeared with sixteen others charged the aims of the banned Pan Africanist Congress were sen- with sabotage, were discharged on the grounds that there tenced to a total of fifteen years' imprisonment. Mr. Henry was insufficient evidence against them. All the men were Mfonyameng was sentenced to six years' imprisonment, Mr. prisoners at Gamkaspoort and it was alleged that they had Ernest Tengeni and Mr Petrus Taoa to four years each taken part in activities of the Pan Africanist Congress or and Mr. Michael Molefane to one year. Messrs. Johan Poqo. The acquitted men were Messrs. Mziwandile Booi, Monyameng, Elias Molefane and Simon Morek; were found Miti Mahanga, Koko Kula. Vuvadi Mbakombe, Mpengwana not guilty and discharged. Hagile. Tumata Matross, Jacob Lusekile, William Ngcenge, 52. On 8 March in the Grahamstown Magistrate's Court, John Biyana, Mbeki Duma, Dambile Tokota. Buyana Gweba, Nfiss Gillian Gane. a former Rhodes University student, who Bafana Nzimande and John Ga'i. had been living in Swaziland as a political refugee, was sen- o. On 6 May in the Pretoria Supreme Court, Mr. Michael tenced to three months' imprisonment, all of which except Dingake, a Bechuanaland national, and Mr. Isaac Heymann four days was suspended, for leaving South Africa without were sentenced to fifteen and five years' imprisonment repassport. spectively. They were both found guilty on charges of being 53. On 21 March in Cape Town, the appeal of Miss Gladys members of the banned Communist Party. Mr. Dingake was Emma Lee, aged sixty-nine, against a suspended fine of 4 also found gulty of having procured people for training and Rand (or twenty days) for obstructing the traffic was dis- of obtaining information for the Communist Party. the African missed. She had displayed placards, one of which stated: National Congress and Umkonto We Sizwed "Verwoerd copies Hitler, Smith copies Verwoerd" 54. On 23 March, the Cape Town Supreme Court dis- cShe is still serving a two-year sentence imposed on her in a previous trial in April 1965 in Johannesburg. also on missed the appeal of Mr. Willem Jacobus Bock against a charges under the Suppression of Communism Act. sentlence of nine months' imprisonment imposed in November '5Mr. Dingake, a former leader of the African National 1965 for being a member of the South African Coloured Congress, had been arrested in Southern Rhodesia and transPeople's Congress in contravention of a banning order which ferred to South Africa by the Rhodesian police. He refused forbade such membership. to plead or take part in the proceedings of the Court. On 18 July 1966, Mrs. I White. United Kingdom Minister of 55. On 26 March in the Humansdorp Regional Court, seven State for Foreign Affairs, said in the House of Commons African men from Port Elizabeth were sentenced to three that the South African Government had not acceded to a Years' imprisonment each on a charge of membership in the request to release Mr. Dingake for deportation to Bechuana.

58 General Assembly-Twenty-first Session-Annexes 64. On 9 May in the Pretoria Supreme Court, Mr. Abram 72. On 10 June in the Grahamstown Supreme Court, Air. Fischer, QC., was sentenced to life imprisonment on a Jackson Nkosiyane and Mr. Nicodemus Nogcantsu. both charge of sabotage. In addition he was sentenced to twenty- members of the opposition Democratic Party of Transkei, were four years' imprisonment on six charges under the Suppres- sentenced to seven years' imprisonment each on charges of sion of Communism Act; to three months on two charges of plotting to kill Chief Kaizer Matanzima, Chief Minister of forgery: and fined 120 Rand (or six months' imprisonment) the Transkei, An application for leave to appeal was granted for contravening the Aliens Act. but bail was refused. 6. On 11 Mayin the Humansdorp Regional Court, Messrs. 73. On 15 June in the Pietermaritzburg Supreme Court, Gerald Peter N\guna, Cecil Nagqabi, Alf-ed Mcosa, Baba the two-and-a- half-year sentence imposed ,n Mr. Robert Bolo and July Tungu were sentenced to four years' imprison- Harold Lundie Strachan on 27 January on charges of pubmerit each on charges of contributing to, or soliciting funds lishing false information concerning prison conditions was for, the banned African National Congress and allowing their reduced on appeal to eighteen months. The charges arose homes to be used for A.N.C. meetings. The men were al- from articles publihed in the Rand Daily Mail in July 1965 ready serving sentences of two and a half to five and a half concerning his experiences in prisons. years' imprisonment for political offences. 74. On 16 June at the Cape Town Criminal Sessions, five 66. On 18 May in the Pretoria Supreme Court. Mrs. prisoners were sentenced to a total of forty years' imprisonViolet Weinberg, who had been detained under the 180-day ment on charges of taking part in and attending the meetings clause on 8 November 1965. was sentenced to three months' of underground Poqo, and of conspiring to attack and murder imprisonment for refusing to give evidence in the trial of four other prisoners and the warders and to escape. Mr. Messrs. Isaac Heymann and fichael Dingake. She alleged Alfred Bell was sentenced to twelve years' imprisonment, that a statement to the police had been extracted from her Mr. Xavier Matu to eight years', Mr. Douglas Zakumba to by improper methods, ten years', and Mr. Nosiko Charlie, who was found guilty 67. On 23 May in the Cape Town Magistrate's Court. the of becoming a member .-f Poqo, to four years' imprisonment. charge of membership in a banned organization against Mrs. Parts of these sentences are to run concurrently with senJean Caroline Champion de Crespigny was withdrawn, Mrs. tences of imprisonment they are already serving. Mr. George de Crespigny, who had been detained under the 180-day law, M rwentyana and M-. Joseph Sentence were acquitted. left South Africa onaBritishpassportthenextday. 7.5.Oii22Juneitwas disclosed in Cape Town that the 68. On 25 May at the Cape Town Criminal Sessions, Mr. suit of Mr. Alan Keith Brooks against the Minister of Fred Carneson was sentenced to a total of five years and Justice for damages of 4,000 Rand for alleged assault in prison nine months' imprisonment on charges under the Suppression while under detention in 1964, was settled out of court, The of Communism Act. He was sentenced to eighteen months terms of the settlement were not disclosed. Mr. Brooks was on the charge of membership in th:i banned Communist Party, released from Roeland Street Jail on 21 June, nearly five four years for taking part in its activities and three months months before he was due to complete his two-year sentence for being in possession of banned literature. (He had pleaded on the charge of membership in an unlawful organization, guilty to the charges of membership of the Communist Party the African Resistance Movement. The release was conand possession of banned literature.) He was found not guilty ditional on his being out of the country by the next day. of charges of sabotage, of membership in the Central Coin- 76. On 22 June in Durban.Mr. Mthandazo Aaron Masango mittee of the Communist Party, of planning the activities of was scntenced to one year's imprisonment, of which all except Umkontofour days as suspended conditionally for three years, for Transkei. Mr. Carneson told the Court that, while held f a ys to re p ene oit e ears, or isconnunicado in the custody of the Security Police, he failing to report to the police in terms of a banning order. had "on three different occasions been subjected to well- 77. On 24 June in the Goodwood Regional Court, Mr. practised, expertly applied methods of refined physical and Martin Masilo was sentenced to six years' imprisonment on psychological torture", charges of membership in the underground organization Poqo 69. In May in Umtata, Mr. Zantsi Kweygir Mziba, an and of furthering its aims. 'Messrs. Justice Malusi, Simon articled clerk, was sentenced to twelve months' imprisonment, Kandi and Mlandeli Tshomane were also sentenced to three of which nine months were conditionally suspended for three years on each of the two counts, the sentences to run conyears, on charges of possessing, on 12 April 1965, a copy currently, Messrs. Douglas Dladla. Wilson Jena, Robert of Fighting Talk and one of New Age, two periodicals which Mbohazi, Kleinbooi Mwali, Dick Faro Kumalo and eight have been banned. He had been in custody for five months others were each sentenced to three years' imprisonment. (In before being released on bail of 400 Rand. some cases a year of the sentences was conditionally sio70. In May the Grahamstown Supreme Court reduced pended.) Fourteen others of the thirty-one men originally upon appeal, the four-year sentence imposed on Mr. Nelson charged were found not guilty and discharged. Pindani and the four-and-a-half-year sentence imposed on 78. In June in the Grahamistowis Supreme Court, \fessr' Mr. Samuel 1Majoni to three years' and to two and a half Zolile Samuel Pityana, Ernest Tshazibana. Jabulani Patrick years' imprisonment respectively. They had been sentenced Mkuzo and Velile Sovizwapi were each sentenced to five in Huniansdorp on charges of being members of the banned years' imprisonment on charges of belonging to the banned African National Congress, contributing to and soliciting Pan Africanist Congress, going to Basutoland without valid funds for the A.N.C. and allowing their homes to be used travel documents and undergoing training for use in furtherfor A.N.C. meetings. The two-year sentence on a third man, ing the aims of the PA.C. Mr. Meglory Magwayi, was upheld. He had been convicted 79. In June, the Gralhamstow-n Supreme Court refused an on two counts. application by Dr. Masilamoney Pather for leave to appeal to 71. On 3 June in the Cape Town Criminal Sessions, seven the Appellate Division against further convictions under the prisoners-Messrs. Duismond Mpondo, Freddie Malvern, An- Suppression of Communism Act.e ton Ciliza, Jack Zinga, Petrus Majala. Stanley Balasana and George Ngxali-were acquitted of charges of sabotage. The e Mr. Pather had served a sentence of three years' imprisonState had alleged that the men, and nine others who ap- ment, nine months of which were suspended, for allowing his peared wth them, had taken part in the activities of the home to be used for a meeting of the African National Con, banned Pan Africanist Congress. or Poqo, and had attended gress in April 1961. After release, he was again sentenced meetings of Poqo. It had also been alleged that the men had on three charges- allowing his home to be used for a meetconspired to attack and murder four other prisoners and their ing of .\.N.C. in 1961, allowing his home to be used for collection of A.N.C. funds in 1961, and contributing finds to the A.N.C. The Grahamstown Supreme Court on2 land, and that "further representations" were being considered. March 1966, dismissed his appeal against these further conIn September, Mr. Heymann's application for leave to appeal victions on similar charges. The Defence Counsel Mr. lsaac* was refused. Air. Heymann is already serving a sentence of soi, Q.C.. argued that it was a sort of "refined 'cruelt"" for one year's imprisonment for refusing to give evidence in a man t, be charged and convicted and charged again after another political trial, (See paragraph 32 above.) release.

Agenda item 34 80. On 5 July in Cape Town, Mr. Zollie Malindi, who had 86. In August in t spent more than two years in prison without any conviction, thura Mohambry Nai was acquitted of the charge of membership in the banned of the South Africa African National Congress. two months' imprion 81. On 5 July in the Goodwood Regional Court, Messrs. prohibiting him from Mkotlane Yangaphi, Felinyaniso Njamela, Dwashu Nqikela, Mr. and Mrs. Alan P Zwelibagile Jchn Caciso. Ntlokwebomvu Ngcwangushe and year's imprisonment f Bernard Huna were acquitted of charges of membership in by failing to notify th the African National Congress, or alternatively of furthering but four days of the the aims of communism. The magistrate, Mr. J. J. Slabbert, pended. Bail was fixed agreed that the defence had no prima facie case to answer. 8 In August in 1S2. In July in the Roodepoort Magistrate's Court, charges Morris Maku, Aaron were withdrawn against Messrs. Vinod Patel, a student, Iqubal sentenced to four and Ansary and Saleem Karodia, both teachers, Cassim Karodia of contributing to, so and two school boys. The State alleged that they held an o co bu io illegal meeting at the Roodepoort Asiatic School between 9 homes to be used o r and 10 May this year. No reason was given for the with- gress. In another trial drawal. tenced to six years' 83. In Juh- in Humansdorp, Messrs. Archibald Skefile, four men were, at the Sikumbuzo Mleve and Enoch Bombisca were each sentenced tences Tei- weea to four and a half years' imprisonment for subscribing to Graaff Reinet in Decen the African National Congress and holding A.NC. meetings of the A.N.C.) in their homes. Mr. Joseph -Mpongoshe was sentenced to 88. In August in the three years' imprisonment for subscribing to the A.N.C. The Eric Zuma, Llewellyn men had been brought to trial from Robben Island where Alfred Zambetha, Mat they were serving three-year sentences imposed in 1964 for Richard Kass, Arnold belonging to the A.NC.R ihrKas,Anl belogingto te A,,C.h ad their sente n c e s r e d ' 84. On 4 August in the Cape Town Regional Court, Mr. ment. They had been s Dennis Wessels and Mr. Ahmed Osman were acquitted on ber 1965 to four and a appeal against six-month sentences imposed on them for re- participated in the 1960 fusing to testify in the trial of Mr. NV. J. Bock who was the appearing on charges under the Suppression of Communism African National C Act. (Their legal representatives had told the court that 89. In August, in an their clients were unwilling to testify against Mr. Bock and 1.000 Rand was made asked leave to appear when the objections to giving evidence Miss Stephanie Kemp, were heard. The public prosecutor objected to counsel appear- Mr. 13. J. \rster. Mni ing at the hearing of the objections on the grounds that the detective for alleged a Criminal Code made no provision for a witness to be represented.) Giving judgement, Mr. Justice van Zvl said: had been beaten into se "Failure to allow audience through a legal practitioner her arrest in 1964. to a person who objects to giving evidence in a criminal 90. On 2S September, trial is a gross irregularity." was sentenced to six n 85. In August in the Johannesburg Regional Court, Mrs. take the oath and give e Violet Weinberg and Mrs. Lesley Schermbrucker were each stein. Ernst and Finke sentenced to two years' imprisonment on charges of taking detained under the I8Opart in the activities of the banned Communist Party. (See Security Police during annex II. paras. 127-128 and 160 above.)" traitor to his people if f Both Mrs. Weinberg and Mrs. Schermbrucker were al- 91. On 9 September I ready serving sentences for refusing to give evidence for Malafetsane Geelbooi, a the State. Their husbands were also serving sentences on iS70) for inviting farm political charges. Mrs. Weinberg's daughter, Sheila, had frm recently been released from prison after serving a sentence sentenced to IS months' on charges of taking part in the activities of the African were conditionally suspe National Congress. three. he Durban Regional Court, Dr. Gangacker. a medical practitioner and leader n Indian Congress, was sentenced to ment for contravening a banning order attending so ial gatherings by having aton to dinner at his home; and to one or contravening another banning order e police of his change of address. All second sentence was conditionally susat 100 Rand pending an appeal. Iumansdorp, Messrs. Jackson Busakwe, Mahantsa and Joel Hoyi were each a half years' imprisonment on charges liciting funds for and allowing their meetings of the African National ConMr. Washington Mabongo was senmprisonment on similar charges. (All time, on Robben Island serving senOng seventy-four persons sentenced in nber 1964 on the charge of membership Grahamstown Supreme Court, Messrs. Yawa, Daniel Magongo, Milton Baleni, thew Mpolongwvana, Amos Zembetha, Nhanhana and Welcome Duru, each ced, on appeal, to one yearIs imprisonentenced in Port Elizabeth in Septemhalf years each on charges of having bus strike and of being members of -ongress. * out-of-Court settlement, payment of by the South African Government to in settlement of her suit against ster of Justice, and a security branch ssault. Miss Kemp alleged that she mi-consciousness by a detective after in Johannesburg, Mr. Albert Dhlomo nonths' imprisonment for refusing to vidence in the trial of Messrs. Aren[stein. Mr. Dhlomo. who had been day law, alleged maltreatment by the detention. He said he would be a he gave evidence for the State. 966 in Bloemsfontein, Mr, Majesane Basulo national, was fined 50 Rand labourers to destroy pass books, and imprisonment. of which 12 months ided. for burning the pass books of DOCUMENT A/6494 United Nations Trust Fund for South Africa: report of the Secretary-General 1. In paragraph 2 of resolution 2054 B (XX) of 15 December 1965, the General Assembly requested the Secretary-General to establish a United Nations Trust Fund for South Africa, made up of voluntary contributions from States, organizations and individuals, to be used for grants to voluntary organizations, Governments of host countries of refugees from South Africa and other appropriate bodies, towards: (a) Legal assistance to persons charged under discriminatory and repressive legislation in South Africa; [Original text: English] [1 December 1966] (b) Relief for dependents of persons persecuted by the Government of South Africa for acts arising from opposition to the policies of apartheid: (c) Education of prisoners, their children and other dependents; (d) Relief for refugee, from South Africa. 2. In paragraphs 3 and 4 of the resolution. the General Assembly requested its President to nominate five lember States, each of which should appoint a person to serve on a Committee of Trustees of the United Nations Trust Fund for South Africa, which