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South West Africa to the General Assembly R}~PORT OF THE COMMITTEE ON SOUTH WEST AFRICA TO THE GENERAL ASSEMBLY GENERAL ASSEMBLY OFFICIAL RECORDS : THIRTEENTH SESSION SUPPLEMENT No. 12 (A/3906) NEW YORK, 1958 UNITED NATIONS REPORT OF THE COMMITTEE ON SOUTH WEST AFRICA TO THE GENERAL ASSEMBLY GENERAL .ASSEMBLY OFFICIAL RECORDS : THIRTEENTH SESSION SUPPLEMENT No. 12 (A/3906) New York, 1958 NOTE Symbols of United Nations documents are composed of capital letters com­ bined with figures. Mention of such a symbol indicates a reference to a United Nations document. TABLE OF CONTENTS Pari I Page I. General . 1 Il. Negotiations with the Union of South Africa 1 Ill. T~e . que~tion of securing fro~. the ~nternational Court of Justice advisory opInIOns In regard to the administration of South West Africa ............ 2 IV. Examination of information and documentation concerning South West Africa 2 V. Examination of petitions and communications relating to South West Africa 2 A.Q uestiIOns re latiating to t he e rizhng t 0 f petition.. , . 2 B. Questions relating to hearings of petitioners . 3 C. Examination of petitions and communications . 4 1. Petitions and related communications concerning conditions in the Territory . 4 2. Other communications relating to South West Africa . 4 Part 11 REPORT OF THE COMMITTEE ON SOUTH WEST AFRICA ON THE QUESTION OF SECURING FROM THE INTERNATIONAL COURT OF JUSTICE ADVISORY OPINIONS IN REGARD TO THE ADMINISTRATION OF SOUTH WEST AFRICA I. Scope of the study , ,.............................. 6 Il. General legal basis and relevant acts of administration 6 Ill. Consideration of principle , ,., "............... 8 Part DI REPORT AND OBSERVATIONS OF THE COMMITEE ON SOUTH WEST AFRICA REGARDING CONDITIONS IN THE TERRITORY I. General A. Status of the Territory ,,' ,. 9 B. Population of South West Africa , ,., 10 Il. Political conditions A. General ,, ,', .. ,,. 10 B. General elections and representation in legislative bodies , .. , , . 10 C. Administrative policy and methods; application of apartheid . 11 III Page Ill. Economic conditions A. General 15 B. Public finance 16 C. Mining , . 18 D. Agricultural and pastoral production " . 18 E. Land allocation and alienation ,. 20 IV. Social conditions A. General 22 B. Labour 22 C. Freedom of movement , . , , ,. 23 D. Public health 24 E. Native and low-income housing in urban areas 25 V. Educational conditions A. General .. , , , , , . , , , , , , . , , , . , , , , .. ,,,,,, 26 B. Inquiry into education in the Territory ,,,,,. 27 C. Conclusions of the Committee .' .. ", "., , .. 28 VI. Concluding remarks , ,,,. ,. 28 ANNEXES 1. Draft resolution concerning petitions and related communications in regard to South West Africa, proposed by the Committee on South West Africa for adoption by the General Assembly " " .. , , .. , , . , , .. ,'. '. 30 n. Petition dated 24 July 1957 from Mr. jacobus Beukes, Rehoboth Community, to the Secretary of the United Nations, ,,,,.,.,,,,.,.,,.,' ..,,,, .. 30 In. Petition dated 10 August 1957 from Mr. jacobus Beukes, Rehoboth Com- munity, to the Secretary-General of the United Nations . , , ' , , ' , . , ... , , 31 IV. Petition, undated, from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations , .. ".,"", ... " ... "., ... ,.,.,." .. "" .. " .. , 32 V. Petition dated 12 October 1957 and related communications dated 10 January 1958, undated, dated 20 June 1958, and dated 31 July 1958, from Mr. johannes Dausab and others, Hoachanas Native Reserve, to the Committee on South West Africa, the Secretary-General, and Messrs. Harry Bloch and Co., Solicitors, Windhoek 1. Petition dated 12 October 1957 to the Chairman and Members of the Com- mittee on South West Africa ..... , , . , . , , , , . , ' , .. , , , , . 32 2. Communication dated 10 January 1958 to the Secretary-General 35 3. Communication, undated, to Messrs. Harry Bloch and Co., Solicitors, Windhoek , , , , , .. ,.,,., ,,.,,,," ,,,.,,,,.',,,,,,,.,',." 38 4. Communication dated 20 June 1958 to the Secretary-General " 39 5. Communication dated 31 July 1958 to the United Nations., ", 42 JV .. Page VI. Petition dated 27 November 1957 from Chief Hosea Kutako Windhoek to the Secretary-General, and related memorandum from the Re~erend Michael Scott. 1. Petition dated 27 November 1957 from Chief Hosea Kutako to the Secretary-General 48 2. Memorandum from the Reverend Michael Scott . .. 51 VII. Petition dated 22 July 1958 from the Reverend Michael Scott the African Bureau, London, to the Chairman of the Committee on South West Africa and related communication dated 29 July 1958 from Chief Hosea Kutako and Messrs. Chr Tziteza, E. Kauraisa, F. Katirno, L. Muriambihu, and L. Kaomba to the Secretary-General and the Chairman of the Committee on South West Africa. 1. Petition dated 22 July 1958 from the Reverend Michael Scott to the Chair- man of the Committee on South West Africa , , . 53 2. Communication dated 29 July 1958 from Chief Hosea Kutako, Mr. Chr Tziteza, Mr. E. Kauraisa, Mr. F. Katimo, Mr. L. Muriarnbihu, and Mr. L. Kaornba to the Secretary-General and the Chairman of the Committee on South West Africa. , , '" , . 56 VIII. Summary of oral petition submitted by the Reverend Michael Scott at the 94th meeting of the Committee on South West Africa ,. .. 58 IX. Petition dated 13 June 1957 from Mr. Nghuwo Jepongo, Ukuanyarna Tribal Congress, Ovamboland, to the Secretary-General. , .. ',' .. , . .. 59 X. Petitions dated 3 August 1957 from Mr. Toivo Herman Ja Toivo and eighty other Ovambo, dated 22 November 1957 from Mr. S. Shoombe and 100 other Ovambo, and related communications dated 25 June and 29 July 1958 from Messrs. Festus Isaacs, Toivo H. ja Toivo and D. D. Shoome, r1 i,: 1. Petition dated 3 August 1957 from Mr. Toivo Hennan Ja Toivo and )"I eighty other Ovambo, Ovamboland, to the Chairman of the Trusteeship !i) 11 Council , . 60 I, qu 2. Petition dated 22 November 1957 from Mr. S. Shoombe and 100 other Ovambo, Windhoek, to the Secretary-General , I1 61 l, 3. Communication dated 25 June 1958 from Mr. Festus Isaacs, Mr. Toivo H. Ja Toivo and Mr. D. D. Shoombe to the Secretary of the Committee on I! South West Africa ,,' 62 I i 4. Communication dated 29 July 1958 from Mr. Festus Isaacs, Mr. Toivo Herman J a Toivo, and Mr. D. D. Shoombe, Windhoek, to the Secretary I 63 of the Committee on South West Africa ,. I ! : XI. Petition dated 14 May 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa . 63 XII. Petition dated 1 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa . 64 XIII. Petition dated 4 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee 011 South West Africa . 64 XIV. Petition dated 17 October 1957 from Mrs. Kathe van La benfe1der, Outjo, to the Trusteship Council .,.... ......... .. 64 XV. Communication dated 6 August 1957 from the Reveren~ Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa ......... , , ., ' ... " . .. 65 v Page XVI. Communication dated 10 August 1957 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa " " . .. 65 XVII. Communication dated 14 January 1958 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa ... , ... , .... , ..... , .. , .... .. .. .. .. .. .... 66 XVIII. Communication dated 25 July 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General 66 XIX. Communicationdated 9 September 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General 66 XX. Communication dated 4 August 1958 from Chief Hosea Kutako, Windhoek, to the Secretary-General 66 XXI. Communication dated 3 December 1957 from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations General Assembly . 67 XXII. Communication dated 26 May 1958 from Mr. George M. Houser, American Committee on Africa, New York City, to the Secretary of the Committee on South West Africa and letter dated 8 May 1958 from Mr. Toivo H. Ja Toivo and Mr. D. D. Shoombe, Windhoek, for the Ovamboland People's Congress, to Her Majesty Queen Elizabeth II, London " 68 XXIII. Map of South West Africa 1958 (to be issued as an addendum) I PART I I. GENERAL 1. By resolution 749 A (VIII) of 28 November 1953, Nations and the Union of South Africa required that the General Assembly established, "until such time as the Committee should remain in existence for the pur­ an agreement is reached between the United Nations poses set forth in resolution 749 A (VIII), decided and the Union of South Africa", a Committee on South that the composition of the Committee should be in­ West Africa, and requested this Committee to: creased to nine members appointed by the Assembly on " (a) Examine, within the scope of the Question­ the recommendation of the Fourth Committee, and that naire adopted by the Permanent Mandates Commis­ one-third of the membership should be renewed by the sion of the League of Nations in 1926, such informa­ same procedure annually. On 13 December 1957, the tion and documentation as may be available in respect Assembly, on the recommendation of the Fourth Com­ of the Territory of South West Africa; mittee, elected three members to replace Syria, Thailand and Uruguay. The following States were elected: Egypt, " (b) Examine, as far as possible in accordance Indonesia and Uruguay. with the procedure of the former Mandates System, reports and petitions which may be submitted to the 4. The composition of the Committee during its fifth Committee or to the Secretary-General; session was accordingly as follows: Brazil, Egypt (sub­ " (c) 'Transmit to the General Assembly a report sequently United Arab Republic), Ethiopia, Finland, concerning conditions in the Territory taking into Indonesia, Mexico, Pakistan, the United States of account, as far as possible, the scope of the reports America and Uruguay. The fol1owing representatives of the Permanent Mandates Commission of the served during the session: League of Nations; Bmzil: Mr. Carlos S. Gomes Pereira " (d) Prepare, for the consideration of the General Egypt (subsequenf.ly United Arab Republic): Mr.
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