Mozambique Reported Massacres in Commission of Inquiry
Total Page:16
File Type:pdf, Size:1020Kb
• REPORT OF THE COMMISSION OF INQUIRY ONmE REPORTED MASSACRES IN MOZAMBIQUE GENERAL ASSEMBLV OFFICIAL RECORDS: TWENTY-N~NTH SESSION SUPPLEMENT No.21 (A/9621) UNITED NATIONS (46 p.) REPORT OF THE COMMISSION OF INQUIRY ON THE REPORTED MASSACRES IN MOZAMBIQUE GENERAL ASSEMBLY OFFICIAL RECORDS: TWENTY-NINTH SESSION SUPPLEMENT NO.21 (A/9621) , r ¡ UNITED NATIONS New York, 1974 '_1,_, :'"(~ ;. ~ i ( " " Letter l. 1 11. 'I O 1,l' NOTE Symbols of United Nations documents are composed of capital letters cornbíned with :~ figures. Mentian cf such a symbol indicates a reference to a United Nations documento ~: : 1' ! :··:,··.··.···1···:·.·•. P B [".. \ ¡ r • 111. G I } A !:J, E e ¡,1. ¡: fJ 1 IV. J, Ii A I E e I E F V. ( VI. l. ( e I ( 11. r' I l: ' /Original: Eni1"lish! ~.- - conrenrs Parav,raphs Par:e Letter of trro1smittal . ... iv YOUy I. IwrRODUCTION ••• e ••••••••• · . 1 - 5 1 II. TBm,JS OF REFERENCE~ lIEMBERSHIP AND ORGANIZATION OF HORK on t OF THE Cor11.1ISSION OF IrJQUIRY .. .. G -- 34 2 nene A. Establishment~ terms of reference and composition of the Commission ...... .. 6 - 10 2 B. Organization of work and procedures adopted by the Commiss ion ............. 11 - 34 3 ..." I III. GENERAL ASPECTS OF PORTUGUESE COLONIAL POLICY 45 11 1, 35 I A. Introduction . .. , . .. · . 35 11 B. General trends of colonial policy 36 40 11 C. Colonial war in Hozambique 41 - 45 12 IV. ANALYSIS OF TESTIHONY ..... •••• 'Z • 46 - 157 14 A. Policy of establishing alc1eamentos !~6 - 53 14 ~1ozaIT;bique B. "Lus í tanizationlf or cultural oppres s í on in 54 - 58 15 C. Cabora Bassa project ••• a _ • • • ~ " ~ ••• 59 68 17 D. Types oí" violence br-ought to t he attention of the Commi SS ion ............ , 69 - 127 19 ., no is ty v í E. Res i bli for reported. oLenc e . .. 128 - 135 27 L F. Considerat1on of the atrocities reported in the livlt (: of relevant international conventi OlIS, particularly t.lie Converrt í on en the Preventícn and Punishment o f the Crime of Genocide and the Hed Cros:J conventions 136 - 157 29 V. CONCLUSIONS .. .. ... · . 1)8 1'76 33 VI. R.r.:;COf1MENDATIONS . .. :" . • G •••• . .. •• ~ lit 177 - 178 36 Annexes l. Consensus adopted on 20 July 1973 by the Special COmIDittee His on the Situation vTÍ th regard to t.he Implementation of the Hr. Declaration on the Granting o f Ende'o endence to Colonial Pre: Countries and Peoples .. .. 37 G~ II. Hap of l'~ozambique .• . .. ... 39 ·-111- 22 November 1)74 l. 'I " Iv1ozam"t Your Excellency, as wel labour \'TE; llave the hcncur to transmit herewith the report of the Commission of Inquiry perpet 011 the ReporteJ. ¡'~assacret3 in ~:Iozambiqlle t.o the General Assembly in accorJ.ance with General Assembly resolution ~114 (XXVIII) of 12 December 1973. 2. 'I attent \-Ti th 1 (Signed) S. K. UPADHYAY Chairman 3. A (Nepa1) 12 Dec in the Guenter MAUERSBERGER chane;e (German Democratic admini Republic) and th A/9769 R. ?~RTINEZ ORDOÑEZ FRELIr,1 (Honduras) for f'10 B. RABETAFIKA 4. T (f1adagas e ar ) the fa mandat Sverre J. Bergh JOHArJSEN (Norway ) 5. Ir the wo deterr Bis Excel1enc;r f'1r. Abclulaziz Boute f'l.i.ka Prcsident of the General As s cmb Iv -iv- ¡~¡ , 1. EJTRODUCTION l. The mandate of the Commission of Inquiry on the Reported f.1assacres in Mozambique can be construed as a part of the strug~le of mankind for hmnan rights as well as against colonialism and imperialismo The COlnmission of Inquiry has laboured in discharging its mandate to investirrate the reports of hideous atrocities 6. t~e perpetrated against the inhabitants of Mozambique by a fascist colonial l"ép:ime. dev 2. This report attempts~ as clearly and as concisely as possible, to brinp to the the attention of the internaticnal cormnunity the facts of the atrocities in accordance Cou: with its findings. the 3. After the adoption of General Assembly resolution 3114 (XXVIII) of 7. 12 December 1973 setting up the Commission of Inquiry, and while the Commission was rec it in the process of discharging its mandate ~ significant political and constitutional changes took place in Portugal and in the Territories under Pol"tuf,uese Hoz admí n í str-at í.on , particularly ;1ozambique. The Lusaka apreements signed by Portugal and the Frente de Libcrtngao de !"Togambique (FRELIrfO), on 7 September 1974 (see A/9769, annex 1) resulted in the establishment of a transitional Government vl.í.th FRELIMO holdine; the maj ority of the portfolios in the Cabinet and the ar;reement for f'1ozambique to become independent on 25 June 1975. 4. This lonr overdue process of decolonization should be welcomed J but, of course, the fact that the political climate has changed cannot in any way affect 'che mandate of the Commission as laid down in resolution 3114 (XA'VIII). 5. 'rhe principles proclaimed by the United Naticns constitute a moral force in the world, and the Commission sees its task not least as helping to provide a deterrent f'o.r similar events, su eh as those studied by the Commission. SU1= pre .' a -1- 8. para/ nemb 11. TERI·lB OF REFERENCE, fvlEHBERGHIP AND ORGATnZATHjí'T OF Madr..¡ HORK OF rrHE COi11"íI88IOTT O'fi' Ii'TQUIRY 9. that A. Establishment~ terms of reference and composi~_~~E of 11 of the Commission and ( of tJ 6. At its twenty-eighth session, the Genéral Assembly, in its consideration of t~e question of Territories under Portuguese administration, examined the 10. developments reported by the Special Committ~e on the Situation with re~ard to Corm: ~he Implementation of the Declaration on the Grantinc of Independence to Colonial Countries and Peoples concerning the reported mas sacres in rIozambique and approved the consensus adopted by the Special Cornmittee on the matter. 1/ T, At its 2198th meet í.ng , on 12 December 1973, the General As s embl y , on the recoIllPlendation of the Fourth Cornmittee, adopted resolution 3114 (XXVIII) by which it decided to establish the Commission of Inquiry. on che Repor-t. ed 71assacres in Hozamb.i que . The text of the resolution reads as f'ol.Lows : l''Ihe G(.neral As sembLv , "Dee'p.Ly disturbed by the reported massacres an I-1oz ambi que , ilRecallin,o: the consensus adopted on 20 July 1973 by the Special Cowmittee on the Situation with regard to the Implenentation of the Declaration on the Granting of Independence to Colonial Countries and 11. ~ Peoples 1/ in whí ch the Special Cornmittee stressed that the Government of COr.1J'1 Portugal must a'LLow a t.horough and impartial investigation of the reported Rapp atrocities, .1'- 12. IJCo~vinced of the urgerrt need for such an international investigation, of Pi Mr. ( ;;1. Decides to e stab.l i sh a representative Commi ss í on of Inquiry on of t the Reported Hassacres in Mozambique, consisting of five members to be appointed by the President of the General Assembly after due consultation 13. with Member St.at.es ; und rniss 10'2. Instructs the Cornmission of Inquiry to carry out an investigation purp of the reportecl atrocities, to vather information from all relevant sources, conc to solicit the co-operation and assistance of the national liberation movement and to report its findings to the General Assembly as soon as possible~ 14. :73. Reques~ the Government of Portugal to co-operate with the Commission of Inquiry aBd to grant it a11 necessary facilities to enable it li to carry out its mandate. GerlTl Mr. 1/ Official Records of the General Ass<::~b:l:Y,__ Twenty--eighth Session_, Supplement No. 23 (A/9023/Rev.1), chapo IX, nnrn. 27. Sea ~lso qnncx 1 to thc present reporto -by M -2- 8. At the sane neeting, the President of the General Assenbly, in accorcance with para~raph 1 of the above resolution, appointed the followine MeMber States as ~enbers of the COTInission:Ger~anDenocratic Republic, Honduras, Ireland, Madaeascnr and Nepdl. 9. The Permanent Representative of Ireland to the United Nations later indicated that his country was not in a position to participate in the work of the Connission of Inquiry. After consultations with the Chairnan of the Group of Western European and other States, the President of the General Asse~bly appointed Norway a ~e~ber of the COl~ission (A/9496). 10. The following representatives were appointed by their Govern~ents to the Conrrís s í.on : Gernan Democratic Republic: 2/ ~,1r. Heinz-Dieter ''¡inter Honduras: }/ Mr. Roberto Martínez Ordoñez Mr. Eliseo Perez Cadalso Madagasc ar : Mr. Blaise Rabetafika Nepal: ~1r. Shailendra Kill1ar Upadhyay Ncrway ; 41 Br. Atle Grahl-Hadsen B. Organization of work and procedures adopten by the Con~ission .. ~~; l. Officers~ neetin~s and secretariat of the Co~mission 11. Mr. Shailendra 'Kumar Upachyay (Nepal) was unaninously elected Chairman of the Connission of Inquiry. The Commission also decided to assi~n the functions of Rapporteur to the Chairnan. ~ 12. Mr. A. Z. Nsilo Swai, Chief, Caribbean and Asia/Pacific Division, Department of Political Affairs, Trusteeship and Decolonization, acted as Principal Secretary, Mr. Gilberto B. Schlittler-Silva, Polítical Affairs Officer of the Africa Division of the sane Department, perforned the function of Assistant Principal Secretary. 13. At seven closed meetings held at United Nations Headquarters between 15 April and 7 May 1974, the COF~ission of Inquiry orsanized its work and planned the field mí s s í on to Europe and Africa, which it undertook f'ron 10 May to 16 -Iune , for the purpose of receiving evidence and hearinr testinony from witnesses and experts concerning the reported atrocities in Ho~z;arl.bique.