P8d II II3 (iv) Question concerning the Falkland Islands (Islas (ii) Complaint by Angola against South Africa: Malvinas): Decision of 6 January 1984 (i-es. 546 (1984)). para. 8 Decision of 26 May 1982 (rcs. 505 (1982)), para. 5 (iii) Situation in Cvorus: (v) Situation bctwccn and : Decision of.1 I May 1984 (res. 550 (1984)). para. IO Decision of I2 July 1982 (res. 514 (1982)) para. 6 (iv) Letter dated 21 Mav 1984 from the representatives of Decision of 4 October 1982 (rcs. 522 (I 982)) para. 7 Bahrain, Kuwait, Oman, Qatar. Saudi Xrabia and the Decision of 3 I October I983 (res. 540 ( 1983)). para. 4 United Arab Emirates: (vi) Complaint by Lesotho against South Africa: Decision of I June 1984 (rcs. 552 (1984)). para. 6 Decision of I5 December 1982 (rcs. 527 (1982)) E. Decision to remain seized of the question: para. 8 li) Situation in the Middle East: Decision of 29 June 1983 (rcs. 535 (1983)). para. 5 Decision of I9 (rcs. 488 (1981)). para. 7 (vii) Letter dated 5 May 1983 from the rcprcscnlativc of Decision of 18 (rcs. 498 (1981)). Nicaragua: para. IO Decision of I9 May 1983 (rcs. 530 (1983)). para. 5 Decision of 25 February 1982 (res. 501 (1982)) para. (viii) Situation in Namibia: 6 Decision of 31 May 1983 (rcs. 532 (1983)). para. 5 Decision of 6 June 1982 @es. 509 (1982)) para. 4 Decision of 28 October 1983 (rcs. 539 (1983)). para. 9 Decision of I7 Scptcmbcr 1982 (res. 520 (1982)). (ix) Complaint by Angola against South Africa: para. 7 Dceision of 20 December I983 (rcs. 545 (1983)) Decision of 23 November 1983 (rcs. 542 (1983)) para. 6 para. 7 Decision of 6 January 1984 (rcs. 546 (1984)) para. 9 (ii) Situalion in Cyprus: (x) Question of South Africa: Decision of I I May 1984 (res. 550 (1984)). para. IO Decision of I7 August I984 (rcs. 554 (I 984)). para. 6 (iii) Question of South Africa: Decision of 23 October 1984 (rcs. 556 (1984)). para. 7 Decision of I7 August I984 (rcs. 554 ( 1984)). para. 7 Decision of I3 December 1984 (rcs. 558 (1984)). Decision of 23 October I984 (rcs. 556 (I 984)). para. 8 para. 4 (iv) Situation in Namibia: (xi) letter dated 21 May 1984 from the representatives of Decision of 31 May 1983 (res. 532 (1983)). para. 6 Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and Decision of 28 October I983 (res. 539 (I 983)). para. the United Arab Emirates: IO Decision of I June 1984 (rcs. 552 (1984)). para. 7 (v) Complaint by Seychelles: B. Provision by express decision to consider the matter further: Decision of I5 December 1981 (rcs. 496 (1981)), (i) Situation in the Middle East: para. 6 Decision of I8 December 1981 (rcs. 498 (1981)). Decision of 28 May 1982 (res. 507 (1982)). para. I4 para. IO (vi) Situation between Iran and Iraq: Decision of I7 August I982 (rcs. 5 I9 (I 982)). para. 5 Decision of 21 February 1983. President’s statement. para. 6 -. (ii) Letter dated I April 1982 from the representative of the United Kingdom: (vii) Complaint by Lesotho against South Africa: Decision of 5 May 1982. President’s statement. para. Decision of I5 December 1982 (rcs. 527 (1982)). 3 para. 9 (iii) Situation bctwccn Iran and Iraq: Decision of 29 June 1983 (rcs. 535 (1983)). para. 6 Dceision of 30 March 1984, President’s statement, (viii) Complaint by Angola against South Africa: para. I I &Aion70f 20 December 1983 (res. 545 (1983)). C. Decision to meet following submission of a report by the Decision of 6 January I984 (rcs. 546 (I 984)). para. IO Seerctary-Gcneral: (ix) letter dated 21 May 1984 from the rcprescntatives of (i) Situation in the Middle East: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and Decision of 4 August 1982 (rcs. 517 (1982)). para. 8 the United Arab Emirates: Decision of I2 August I982 (rcs. 5 I8 (I 982)). para. 6 Decision of I June 1984 (rcs. 552 (1984)). para. 8 (ii) Situation in Namibia: Decision of 28 Qctobcr I983 (res. 539 (1983)). para. X. Measum in conuecilon with the laability of the Security IO Coaocll to reach all 8grawnt D. Decision to meet in the event of noncompliance with Security Council resolutions: Decision to call an emergency special session of the General (i) Situation in the Middle East: Assembly: Decision of I9 June 1981 (res. 488 (1981)). para. 7 Situation in the Middle East: Decision of I7 December 1981 (res. 497 (1981)). Decision of 28 January 1982 (rcs. 500 (1982)), para. 4 operative pare.

Part 11

I. THE SITUATION IN NAMIBIA 435 (1978). the Secretary-General appealed to South Africa to review the implications of the meeting and On 19 January 1981, the Secreta -General sub- to reconsider its position with regard to the imple- mitted to the Security Council a‘i!urther report’ mentation of resolution 435 (1978) at the earliest concerning the implementation of Council resolu- possible time.’ tions 435 (1978) and 439 (1978) concerning the _ question of Namibia. The report covered an account By letter’ dated 29 January 1981 addressed to the of the pre-implementation meeting held at Geneva President of the Council, the representative of Tuni- from 7 to 14 January 198 1 under the auspices and sia, on behalf of the Group of African States at the chairmanship of the United Nations.2 After observ- United Nations, requested a meetin of the Council ing that the meeting had failed to achieve its main as soon as possible to examine the Further report of objective of setting a firm date for a cease-fire and the Secretary-General on the implementation of the commencement of implementation of resolution resolutions 435 (1978) and 439 (1978). 114 Chapter VIII. Maintenance of international peace and necurlty At its 2263rd meeting, on 30 January 1981, the of the Council to consider the question of Namibia in Council included the further report of the Secretary- the light of the refusal of South Africa to implement General and the letter by Tunisia in the agenda. Council resolutions on Namibia. Following the adoption of the a enda,. the President At its 2267th meeting, on 2 I April 198 1, the also drew the attention of the 8 ouncrl members to 5 Council included the letter in the agenda. Following the text of a letter dated 28 January 1981 from the adoption of the agenda, the following were South Africa addressed to the Secretary-General.” invited, at their request, to participate, without vote, At the outset of the meeting, the Secretary-General in the discussion of the item: at the 2267th meeting, briefly introduced his report, which he said dealt the representatives of , Angola, Benin, Cuba, with the Geneva meeting, in the course of which it Ethiopia, Guinea, India, , Jamaica, Mo- had become clear that South Africa was not yet zambrque, Nigerra, Senegal, Sierra Leone, South prepared to sign a cease-fire agreement and to Africa, Sri Lanka, Togo, the United Republic of proceed with the implementation of resolution 435 Tanzania, Yugoslavia, Zaire, Zambia and Zrmbabwe; (I 978). He stated that he had addressed a letter to the at the 2268th meeting, the representatives of Canada, Minister of Foreign Affairs of South Africa on 22 the Federal Republic of Germany and Kenya; at the January I98 I, in which he had drawn attention to his 2269th meeting, the representatrve of Romania; at report to the Council and had expressed, infer ah, the 2270th meeting, the representative of Brazil; at that he was deeply concerned over the effect of the the 227lst meeting, the representatives of Bangla- present stalemate not only on the situation in Na- desh and Democratrc Yemen; at the 2272nd meeting, mibia itself, but also on the prospects of a peaceful the representatives of Burundi and the Libyan Arab and prosperous future for the region as a whole7 Jamahiriya; at the 2274th meeting, the representative The representative of Tunisia stated that indepen- of Guyana; and at the 2275th meeting, the represen- dence for Namibia in accordance with resolution 435 tative of Singaporet4 (1978) appeared unlikely in 1981. Since the matter At its 2267th meeting, the Council also decided to was of great importance to the Security Council, he extend an invitation to the President and the five said, it should be given the necessary time for an in- Vice-Presidents of the United Nations Council for depth analysis of the situation, taking into account all Namibia. At the same meeting, the President drew the new local, regional and international develop the attention of the members of the Council to a ments. After such an analysis, he stressed, the letter dated 20 from France, the United Council could then take decisions commensurate Kingdom and the United States, containing a request with the seriousness of the situation.* that an invitation under rule 39 of the provisional The representative of Panama deplored that the rules of procedure be extended to Mr. Peter Kalangu- Geneva meeting had failed despite the Secretaty- la and the others associated with the request. General’s good offices and high-level representation In regard to that proposal, one group of representa- of the parties, and declared that the Ion cr South tives” said that the request was objectionable as it Africa took to comply with resolutions 4f 5 (1978) related to the so-called Democratic Tumhalle Alli- and 439 (1978), the more the relations between ance (DTA) of Namibia, a political entity that had southern Africa and South Africa would deteriorate.9 resulted from the elections organized by the illegally The representative of the Soviet Union stated that occupying Power. The request was therefore consid- he understood the desire of the African States to ered not m accord with the provisions of rule 39 of study the developments in order to determine the the provisional rules of procedure of the Council and most effective specific steps that should be taken., and contra to resolution 439 (1978) by which the that the actions of South Africa, which were desrgned Counci r had declared those elections and their results to maintain its occupation of the Territory, repre- null and void. sented a serious threat to international peace and A second group of representativesI said that the security. He reviewed the efforts aimed at a settle- request that Mr. Kalangula be allowed to address the ment of the Namibian problem through peaceful Council had been made on the ground that he was means since 1972 and said that the General Assem- competent, as an individual and on behalf of his bly should express itself on the most recent develop- political party, to supply the Council with relevant ments, whereas the Council should adopt decisive mformation on the srtuation in Namibia, under rule measures under Cha ter VII of the Charter to ensure 39 of the provisional rules of procedure. Since the achievement oP genuine independence by the resolution 435 (1978) called for free and fair elec- Namibian people.rO tions under United Nations supervision and control The representative of Japan stated that the Coun- in Namibia, they thought that the Council should cil’s meeting was not devoted to a substantive hear the opmions of those who would be participat- discussion” of the item on its agenda and commend- ing in those elections. ed the Secretary-General’s efforts and thanked him Resolution 439 (1978) was not applicable to the for his objective report on the pre-implementation case, since Mr. Kalan ula’s request was to speak as a meeting held at Geneva. He deplored South Africa’s representative of a pokitical party and not of an organ intransrgence, which accounted for the failure of the established by a process that had been declared null Geneva meeting, and expressed concern over the and void by that resolution of the Council. The outcome of the meeting, as a result of which a serious United Nations itself was based on the principles of international situation had arisen.12 reason, discussion and representation and those principles, including the peace-making capacity of Decision of 30 April 198 1 (2277th meeting): rejection the Council, would be damaged if the Council denied of four draft resolutions DTA the right to be heard. By letterI dated 10 April 1981, the re resentative The Council then proceeded to vote on the three- of Uganda, on behalf of the Group of A Prican States Power proposal contained in the letter dated 20 April at the United Nations, requested an urgent meeting 198 I. The result of the vote was six votes in favour to Pall II 115 none a inst and the proposal was not adopted, within the meanin of Article 39 of the Charter, and having Pailed to obtain the required majority.” At the enumerated the ollowingf “specific elements” of same meeting, the Council further decoded to extend breach of international peace and security: (a) the an invitation to participate in the discussion of the massive milita presence of South Africa in Namib- item on the Council’s agenda under rule 39 of the ia; (h) South A7 rica’s continued use of the Territory provisional rules of procedure to Mr. Peter Mueshi- of Namibia as a springboard for constant armed hange of the South West Africa People’s Or aniza- attacks against the netghbouring States and the tion (SWAPO) and, subsequently, at its f 268th escalation of those attacks over the last few months, meeting, to Mr. Clovis Maksoud, of the League of which had amounted to a “systematic and compre- Arab States (LAS), at its 2272nd meeting, to Mr. hensive programme of violent destabilization of the Johnstone F. Makatini of the African National entire region of southern Africa”: (c) the elaborate Congress of South Africa (ANC), and at its 2275th machinery of repression organized by South Africa meeting to the Chairman of the Special Committee against the Namibian patriots, whose resistance had on the Situation with regard to the Implementation been recognized by the Council since its adoption of of the Declaration on the Granting of Independence resolution 269 (1969) and the resulting dangerous to Colonial Countries and PeoplesIx The item was conflict that could be ended only with the complete considered at the 2267th to 2277th meetings, from withdrawal of South Africa from Namibia; and (d) 21 to 30 April 1981. South Africa’s persistent scheme to dismember the At the 2267th meeting, the President drew the Territory of Namibia through the annexation of attention of the Council members to the text of a Walvis Bay. He urged the Council to invoke Articles noteI dated 1 April 1981 by the Secretary-General 39 and 41 of the Charter and to impose comprehen- transmitting General Assembly resolutions 35/227 A sive mandatory sanctions against South Africa. Such to J, entitled “Question of Namibia”, to the Council; a decision, as in the case of Southern Rhodesia in and to the further report20 of the Secretary-General 1966,22 would be in conformity with the demand of concerning the implementation of resolutions 435 the vast majority of the international community. He (I 978) and 439 (I 978) concerning the question of concluded that the Group of African States at the Namibia.?’ United Nations would submit, at a later stage, draft At the same meeting, the Minister of State for resolutions to that effect.2’ Foreign Affairs of Uganda stated that, after the At the same meeting, the Minister for Foreign United Nations had celebrated the twentieth anni- Affairs of Sierra Leone stated that the situation in versary of the Declaration on the Granting of Inde- southern Africa had become more menacing with the pendence to Colonial Countries and Peoples, the prospects of a racial war of “unforeseeable magni- people of Namibia were missing from the list of a tude” unfolding as a direct consequence of the illegal large number of colonial peoples who had achieved occupation of Namibia by South Africa. He added independence since the adoption of General Assem- that the Council had to implement the appropriate bly resolution I514 (XV) in 1960. That situation was provisions of Chapter VII of the Charter against all the more disturbin and ironic since Namibia was South Africa since all peaceful efforts aimed at the the unique responsibi fit of the United Nations. He withdrawal of South Africa from the Territory had reviewed the history o? Namibia since the original failed owing to South Africa’s outright resistance and colonization of the Territory b Germany in 1884 intransigence.24 and depicted it as the “history ora continual betrayal of trust”. He described the response of the Council The Minister for External Relations of Cuba, thus far to South Africa’s act of illegality as “tenta- speaking on behalf of the Movement of Non-Aligned tive and indecisive’* and said that it had broadly been Countries, charged that the lawlessness of South in the following three phases: (a) the eriod that had Africa was encouraged by the support of certain be un with the Counctl’s adoption oP resolution 264 Western Powers, whtch had permitted the continued (169) and consisted of repeated calls upon South illegal occupation of Namibia by South Africa and its Africa to withdraw from Namibia and appeals to all expansionist and aggressive policy against the inde- States to refrain from any contacts that might imply pendent neighbourmg States. He declared that the recognition of South Africa’s authority over Na- Ministers for Foreign Affairs of the non-aligned mibia; (b) the period of dialogue beginnmg with the countries, at their meeting at , had condemned I972 meeting of the Council in Addis Ababa whereby the “systematic policy of destabrlization, provocation resolution 309 (1972) was adopted invitin the and aggression by the Pretoria racist regime”, and Secretary-General to initiate contacts with af I the had retterated their full support for SWAPO. He parties concerned in order to expedite the process of stated that the Geneva pre-implementation meeting Independence for Namibia; and (c) the resumed had failed owing to South Africa’s persistent defiance dialogue beginning in A ril 1978 with the proposal of the intematlonal community and to the unwill- by the Contact Group oF the Western Five that had in ness of the Contact Group to exert on South eventually led to the adoption of resolution 435 A !rica the pressure necessary for a negotiated settle- (1978) by which the Council had provided for a ment. He recalled that the Coordinating Bureau of cease-fire, United Nations-supervised elections and the Movement of Non-Aligned Countrtes had ex- the establishment of a United Nations Transition pressed concern over the announcement that the Assistance Group (UNTAG) in Namibia. The re- United States Congress would repeal the Clark sumed dialogue ended with the failure of the Geneva Amendment, and had reaffirmed its commitment to pre-implementation meeting, which had been the support the defensive capability of the front-line subject of the Secretary-General’s report2” States against South African aggression. fn conclu- He stated that South Africa’s continued occupation sion, he repeated that the ministerial session of the of Namibia was an illegality which had given rise to Coordinating Bureau of the Movement of Non- consequences “characterized by a serious threat to Aligned Countries had mandated him to request that international peace and constant acts of aggression” the Council apply comprehensive mandatory sanc- 116 Chapter VIII. Maiatenance of i~~ternathal peaa and security [ions, including an oil embargo, under Chapter VII of South Africa’s nuclear capability, which was clandes- the Charter.25 tinely developed with the co-operation of its friends The Minister for Foreign Affairs and Co-operation in contravention of the Treaty on the Non-Prolifera- of Niger said that any further delay in the liberation tion of Nuclear Weapons and which had resulted in of Namibia could greatly endanger the stability of the rapid depletion of Namibia’s natural resources, Africa and world peace. South Africa sought to thereby endangering the Territory’s future economic discredit the United Nations by alleging a lack of viability. He called upon the Council to ensure the impartiality on the part of the Organization and implementation of resolution 435 (1978) without would not change its position unless comprehensive further delay or modification and, in view of South mandatory sanctions were imposed on it in accord- Africa’s persistent deIiance and the mounting threat ance with the relevant provisions of Chapter VII of to International peace and security, to impose the the Charter.26 necessary mandatory sanctions agamst South Africa The Minister for Foreign Affairs of Ethiopia said under Chapter VII of the Charter.29 that, during the four years since SWAP0 and Africa The Minister for Foreign Affairs of Algeria said had accepted the proposal of the Contact Group to that the lessons of the Geneva pre-implementation end South Africa’s illegal occupation of Namibia, meeting had prompted the African States to request South Africa had used treachery and deception and the urgent meeting of the Council with a view to had dashed all hopes for a peaceful transition of imposing corn rehensive mandatory sanctions Namibia to independence b its outright rejection of against South APrica and that the Movement of Non- the United Natlons plan tyor the independence of Aligned Countries, at a special meeting of its Co- Namibia. He pointed to the fact that certain perma- ordinating Bureau held at Algiers the preceding week, nent members that were involved in the elaboration had endorsed the African initiative. He characterized of the settlement plan that had culminated in resolu- the situation in Namibia as a state of “permanent !ion 435 (1978) co-operated closely and extensively aggression” and recalled previous resolutions of the m economic and mihtary matters with South Africa Council imposing partial and selective sanctions, and had to choose between their ties with racist including the arms embargo adopted in 197?, which South Africa and long-term fruitful co-operation with had proved inadequate, and the advisory opmion of free and independent Africa. He declared that the the International Court of Justice of 30 June 197 lM only remaining course of action, apart from support- regarding the legal status of Namibia.jl ing the continuing armed struggle, was the adoption The Minister of State for Foreign Affairs of Senegal of enforcement measures under Chapter VII of the stated that South Africa had persistently blocked all Chartera2’ efforts of the United Nations aimed at a negotiated The De uty Prime Minister and Minister for settlement of the Namibian question and that it had Foreign A Rairs of Jamaica stated that the Council continually undertaken blatant acts of aggression had, on several occasions during the past 15 years, against the front-line States of Angola, , reaffirmed the special responsibility of the United Zambia, Zimbabwe and Botswana. He recalled that Nations towards Namibia and that whenever the the Movement of Non-Ali ned Countries, the Organ- Council had sought to impose sanctions against a ization of African Unity ( % AU) and, particularly, the recalcitrant and intransigent South Africa, such ac- front-line States had all underlined the si nificance of tions had been blocked either by those States that resolution 435 (1978) and the responsi% ility of the continued to maintain significant political and eco- Group of Five in the implementation of that resolu- nomic interests in South Africa or by South Africa’s tion and urged the Council to support the initiative “spurious promises to co-operate”. He said that of the non-aligned and African countries.32 Pretoria’s “deliberate sabotage” of the Geneva pre- The representative of South Africa highlighted implementation meeting had made them doubt three reasons for South Africa’s request to participate South Africa’s interest in a peaceful settlement of the in the discussion of the item on the Council’s agenda: Namibian question and that the Council was re- (a) that South Africa was “directly concerned with quired to ensure the full implementation of resolu- the future of South Africa/Namibia”; (b) that the tion 435 (1978) by a plying comprehensive econom- people of the Territory urgently desired an intema- ic sanctions against !i outh Africa under Chapter VII tionally recognized independence, that South Africa of the Charter. He concluded by callin upon the supported their wish and shared their anxieties about Council to consider South Africa’s acts of5 aggression certain aspects of the procedure that had been against neighbouring States, thereby threatening in- followed in the past and that it was South Africa’s ternational peace and security within the meaning of right and duty to state its views to the Council; and Article 39 of the Charter, and by reminding the (c) that South Africa had to emphasize that the Council members that Article 42 provided for addi- “democratic parties” of the Territory had never been tional measures that could be taken by the Council to allowed to state their views in the Council, while one enforce South Africa’s compliance in the event that group had been fiven “preferential treatment” sanctions were considered inadequate.2* through “one-sided’ action of the Council. At the 2268th meeting, the Minister for Foreign He referred to the Council’s decision at its 2267th Affairs of Indonesia said that South Africa, instead of meeting denyin an invitation33 to DTA and charged cqmplyine with the United Nations resolutions and that the Counci Bwas biased in favour of SWAPO. He wlthdrawmg from Namibia, had strengthened its said that South Africa had maintained that the colonial grip over the Territory and had Instituted a ople of the Territory should determine its own ::brutal reigv of terror” through the imposition of a ruture in a “manifestly free and fair procedure” and up t re Ime” and the stationing in the Territory that it was on the basis of that approach that South o? I&$% troops, which it had also used for Africa accepted the Western proposal on 25 April 2tu-$hm indlscrlminate at!acks on neighbouring 1978. The prevalence of “visible peace” throughout I-fe declared that behmd all those transgtes- the Territory was one of the basic assumptions of the sions ihat had destroyed the region’s stability lay Western proposal, which the democratic political 117 - Put II parties did not believe the United Nations could and bia were the victims of its constant aggression would bring about. He added that the degree to launched from Namibian territory. He stressed that which the United Nations had assisted and identified his Government supported solutions to the problems itself with SWAP0 was a matter of record, as was the of southern Africa through the United Nations and manner in which it had designated the status of the on the basis of resolution 435 (1978), the implemen- other parties, and that the Geneva meeting had failed tation of which was urgently needed, and that the to reassure the latter in re ard to their anxieties. Contact Group had articular responsibility to sup- Sanctions against South A ! rica would amount to port the adoption oP enforcement measures against sanctions against the countries of southern Africa South Africa in order to achieve those objectrves.36 since their economies were closely interlinked, a view At the same meeting, the Minister for Forei n also confirmed by the Economic Commission for Affairs and Co-operation of Togo” condemned tae Africa (ECA). racist system of apartheid, which he said was at the He declared that the approach of the General root of South Afrrca’s persistent defiance of the will Assembly, as reflected in its resolutions 35/227 A to J of the international community as well as its contin- of 6 March I98 I, was wrong if genuine independence ued illegal occupation of Namibia and the acts of for the Territory was sincerely sought, and that co- aggression against the independent neighbouring operation between South Africa and the neighbour- States. He appealed to the Contact Group to exert ing States was essential for the peaceful transition of pressure on South Africa and called on the Council to the Territory to independence. He concluded by take the decisions that were necessary to meet the emphasizing that a settlement would not be achieved challenge posed by South Africa.!* unless: (a) equal treatment of all parties was assured; The Minister for External Affairs of India stated (b) the rights of minority groups were protected and that it was imperative for the Council to take the guaranteed; and (c) fundamentnl principles of democ- following actions: (a) declare that South Africa had racy were ensured for the future.j4 committed a breach of the peace and had threatened At the 2269th meeting, the Minister for External international peace and security; (b) call for an Relations of Panama stated that 25 Foreign Ministers immediate end to South Africa’s illegal occupation of from Africa, Asia and Latin America had been Namibia and the withdrawal of its forces from the desi nated by OAU and by the Co-ordinating Bureau Territory; (c) demand the cessation by South Africa of t1 e Movement of Non-Ali ned Countries at its of all acts of genocide against the people of Namibia special ministerial meeting he kd at Algiers with the and of aggression against the front-line States; (d) mandate to participate in the discussion on the reaffirm the validity of the United Nations plan as Council’s agenda and to request it to impose urgently contained in resolutions 385 (I 976) 435 (I 978) and on South Africa comprehensive mandatory sanctions 439 (1978) for achieving Namibia’s independence under Chapter VII of the Charter. He said that, in and fix a time frame for Its implementation; and (e) view of South Africa’s “lawless behaviour”, which impose comprehensive mandatory sanctions against consisted of utter contempt for the resolutions of the South Africa with a view to securing the implementa- General Assembly, the Council and the International tion of the plan.j9 Court of Justice, the Council would be justified to At the 2270th meeting, the Minister of State for adopt the “measures of coercion”, which were de- External Affairs of Nigerra said that the contention manded by the seriousness of the situation in Namib- that “constructive dialogue” with the racist regime of ia. He said that, as Ion as South Africa persisted in South Africa was desuable or even feasible was ignoring the decision o? the Council, comprehensive “naive and unrealistic”. He declared that, in view of mandatory sanctions, including an oil embargo, South Africa’s persistent violation of international should be imposed under Chapter VII of the Charter law for decades and its record of aggression against as requested by the special ministerial meetin of the neighbouring States, the unavoidable conclusion was Co-ordinating Bureau of the Movement o7 Non- that South Africa’s behaviour amounted to a serious Aligned Countries. Since South Africa’s economy breach of international peace and securit and that was intimately linked with those of the neighbouring effective measures under Cha ter VII oft yh e Charter countries, as was stated in the ECA report, special should be speedily invoked. $ measures should be devised for the extension of At the same meeting, the President of the United material and financial support to those countries to Nations Council for Namibia stated that since the enable them to withstand the effects of the sanctions. adoption of resolution 385 (1976), the Secretary- He appealed to the Contact Group to ensure South General had counted on the full support of OAU, the Africa’s co-operation with the Secretary-General’s front-line States, Nigeria and SWAPO, as well as efforts to implement resolution 435 (1978).35 other countries that were concerned with the precari- At the same meeting, the Minister for Foreign ous situation in southern Africa, while it was “wide1 Affairs of Zambia said that the Geneva conference felt” that the group of Western Powers were “hal r- had failed solely because of South Africa’s unreason- hearted” in their attempts to exert pressure on South able stance and that the situation in and around Africa, thus promoting its intransigence. He recalled Namibia had become dangerously explosive. The that smce the collapse of the Geneva pre-implemen- United Nations plan remained the only valid basis tation meeting, the Movement of the Non-Aligned for the peaceful settlement of the Namibian problem Countries, OAU, the front-line States and the Gener- and, therefore, the Council had been convened again al Assembly at its thirty-fifth session had called upon in order to find a peaceful solution despite South the Security Council urgently to impose mandatory Africa’s attempts to wreck the negotiation process. economic sanctions against South Africa under He stated that Namibia was besieged by a calculated Chapter VII of the Charter, in order to compel it to South African reign of terror, with members of terminate its illegal occupation of Namibia. Enforce- SWAP0 its daily vtctims of detention, imprisonment ment measures had become imperative as a peaceful and torture, just as the independent neighbouring solution for Namibia remained elusive. The United States of Angola, Botswana, Mozambique and Zam- Nations Council for Namibia had given careful 118 Chapter VIII. Miiate- of iatemrtional peace and secwlty consideration to the formulation of draft resolutions He recalled the Council’s resolutions on the many on sanctions against South Africa and had concluded premeditated, persistent, prolonged acts of armed that a detailed review of South Africa’s acts of mvaston by South Africa against Angola, which, inter aggression in violation of Article 39 of the Charter aliu, had warned South Afrtca that the Council would was not necessary but that it was sufftcient to recall, meet again, in the event of further attacks, to as in resolution 428 (1978) that it had repeatedly consider the adoption of effective measures, includ- used the Territory of Namibia for launching acts of ing those under Chapter VII of the Charter, and aggression against independent neighbouring stated that despite all those resolutions the people of States.4t Angola had had to make enormous sacrifices in order At the same meeting, Mr. Peter Mueshihange, to comply with the relevant resolutions on Namibia Secretary for Foreign Relations of SWAPO, said that so that the Namibian people too could become the Security Council was debatin the problem of independent. He said that, over the past three years, Namibia for the first time since 197 8 and that it had South Africa’s armed forces had carried out 1,400 been “immobilized” in the intervening period, there- reconnaissance flights, 290 air raids, 56 debarkations by encouraging South Africa to proceed with political of helicopter-borne troops and 72 land attacks, which repression and other illegal acts of intimidation and had caused the death of more than 1,800 persons, the ne-oloniahsm in occupied Namibia. During that woundin of about 1,000 and materlal damage period, begmning with the “Western initiative ’ that estimate d at $7 billion. was to lead to free and fair elections under United He asked how many new acts of violation of the Nations supervision, the trust had been betrayed and sovereignty and the territorial integrity of Angola the unique responsibility of the United Nations over were necessary for the Council to shoulder its Namibia and Its people had been seriously eroded. responsibility and to impose comprehensive manda- He referred to the participation of several Ministers tory economic sanctions on South Africa, and in the Council’s meetings, following the summit stressed that any negotiated settlement of the Na- meeting of the front-line States at Luanda on 15 mibian question should be strictly within the frame- , and, more recently, the extraordinary work of resolution 435 (1978).43 ministerial meeting of the Coordinating Bureau of The representative of the Soviet Union stated that the Movement of Non-Aligned Countries, and cited the “Pretoria racists” had elevated apartheid to the their call for increased assistance to SWAP0 to status of State policy and extended it to the Territory enable it to “intensify the armed struggle in the face of Namibia, which It occupied illegally and used as a of South Africa’s persistent rejection of a negotiated military springboard for acts of aggression and settlement of the Namibia problem”. provocation against neighbouring independent In using Namibia repeated1 as a springboard for States. He said that the situation relating to the acts of aggression against the tyront-line States, South Namibian question was really critical after many Africa had enlisted mercenaries from the United years, during which the African States and the States, France, the United Kingdom, the Federal United Nations had shown patience and restraint Republic of Germany and Australia. Counter-revolu- and agreed to ne otiations, an approach stressed by tionary bandits of the National Union for the Total certain Western $owers. Independence of Angola (UNITA), who were housed He pointed out that those Powers had initially on milita bases inside Namibia, together with the opposed the adoption of effective measures as they so-called ‘sb uth African Defence Forces, were also asserted that they could persuade South Africa to co- used for subversion and destabilization. He referred operate and recalled that in February 1972, when the to the request for the participation of DTAj3 in the Council had held a series of meetin s in Africa,” Council’s debate as a political act presented as a those countries had given assurances ta at they need- procedural matter and added that allowing them to ed six months to resolve the Namibian problem by address the Securit Council would have violated the means of negotiations. He declared that the Soviet provisions of reso rution 439 (1978). Union adhered to a consistent position of principle wtth regard to Namibia and did not seek for Itself any In the final analysis, the historic and special “particular rights or privileges” in Africa or in any responsibility of the Umted Nations was flouted and continent. The Soviet delegation believed that the rejected and the Council had to rectif the situation Council must support the proposals of OAU and the in Namibia. He concluded by calling or/ the imposi- Movement of Non-Aligned Countries and adopt tion of comprehensive mandatory sanctions, includ- comprehensive mandatory sanctions against South ing an oil embargo, against South Africa under Africa under Cha ter VII of the Charter and would Chapter VII of the Charter and stated that SWAP0 vote in favour oP such measures.45 would support the call for an emergency special The representative of the United Kingdom said session of the General Assembly in the event that the that the Contact Group had just held a meeting in $oum&15$ed to adopt the measures that were being London and that a communiquC’6 had been issued at the conclusion of that meeting. On behalf of the Five, At the 2271st meeting, the Minister for External he read out the communiqu6. Its text was as follows: Relations of Angola stated that the brutal repression Senior officials of the five Western Governments (Canada, of the majority in South Africa within the framework France, Federal Republic of Germany, United Kingdom and of upurrheid was an expression of the colonial nature United States) met in London on 22 and 23 April 1981. to of the South African rC ime that violated the princi- review the situation concerning Namibia. They received a ple of the right of peop fes to self-determination, and complete report from Mr. Chester Cracker. United States Assistant Secretary-Designate for African Affairs, on his visit to that the armed resistance ,by SWAP0 and ANC 12 African States, including the African front-line caoitals. agamst the rllegal South Afrrcan authority could not South Africa, Nigeria, Zaire.-Kenya, Swaziland and the dongo: be equated in law wtth the terrorism Invoked, by The Five agreed that it was of the utmost importance to bring gpatn$ Afrtca and, more recently. by the Umted Namibia to independence at the earliest possible date and reiterated their commitment to an internationally acceptable Pul II 119 - settlement. In that context. they also agreed that Security ante, as the Lusaka Manifesto of 1969 on southern Council resolution 435 (1978) continues to provide a solid basis Africa had made clear. He further observed that the for transition lo independence in Namibia. They considered Lusaka Manifesto had indicated that the alternative possibilities for strengthening the existing plan, and agreed that to a negotiated solution was not the sfafrcs quo but a expeditious progress towards a settlement would be enhanced by measures aimed 81 giving greater confidence to all of the parties stru le for freedom. The Lancaster House confer- on the future of an independent Namibia. encePB ad been successful owing to at least two crucial The representatives agreed that it was necessary to develop factors: (a) the armed resistance waged by the more specific proposals for discussion with the concerned Patriotic Front of Zimbabwe; and (b) the pressure of parties. It was decided that intensive consultalions among the international community, including the pressure contact group represenlalives would continue and it is intended of sanctions notwithstanding its limitation. that the five Foreign Ministers will consider the issue further He declared that, as long as the road to negotia- when they meet at Rome. tions continued to be blocked, a combination of The representative of the United Kingdom in- internal and external pressures was an essential formed the Council that the meeting in Rome was prerequisite for a just and lasting solution and that scheduled to take place in 10 days’ time, on 4 and 5 Africa believed that the Council could act decisively May 198 I. He noted that most of those participating by invoking enforcement measures provided for in in the Council’s debate were advocating the adoption Chapter VII of the Charter, thereby exerting maxi- of mandatory measures against South Africa under mum pressure on the South African regime in order Chapter VII and appealed to all concerned not to to ensure the implementation of United Nations abandon the possiblhty of negotiation as his delega- decisions, particularly resolution 435 (1978). tion was convinced that sanctions would not promote He said that the London communiquC had, on the Namibian independence on an internationally ac- one hand, asserted that resolution 435 (1978) provid- ceptable basis. Referring to the case of Zimbabwe, he cd a solid basis for transition to independence in pointed out that it was in the long-term interest of all Namibia, while, on the other hand, it had expressed the parties in Zimbabwe as well as in Namibia that the view that the plan needed to be strengthened, and independence could be attained by negotiated settle- that one wondered whether the word “strengthened” ment rather than through armed struggle.47 was not a euphemism for revision of the Ian. He At the same meeting, the representative of the stated that, if the latter were the case, the Pears and United States said that the current series of Council apprehension of SWAPO,. of the African States and meetings was to produce an independent, stable, self- of the overwhelming malority of the international govemmg Namibia and that there was no disagree- community were more than Justified, and that the ment on that goal. She referred to some charges that front-line States, at their summit at Luanda on I5 had been made against the Western States of the March 1981, had declared that what was urgently Contact Group in the discussions, and said that she needed was the implementation of resolution 435 had repeatedly asked herself how those charges ( 1978) without any “further delay, prevarication, related to the goal of an independent, stable and qualification or modification”.‘” democratic Namibia. She noted the repeated sugges- At the 2274th meeting, the representative of tion that, because peaceful negotiations had not yet Canada expressed his dele ation’s concern over the been successful, some other course such as compre- Council’s decision not to a flow all parties concerned hensive compulsory sanctions should be tried. She in the Namibian question to participate in its viewed that approach as unrealistic. Her Govem- consideration of the problem under rule 39 of its ment’s objective was authentic inde endence for provisional rules of procedure. He stated that Canada Namibia, as none of the members oP the Contact remained fully committed to a negotiated settlement Group had any territorial ambitions in Africa. She on the basis of the principles of resolution 435 declared that the Namibian roblem would be re- (I 978), but that, since it had become apparent that solved eventually only by the orceP of arms or by the progress towards a settlement would be made only if exercise of reason and that her Government was the transitional process was fair and the result pledged to the unfla ing search for an intemational- satisfactory, Canada and the other members of the ly acceptable, aut ff entlcally independent, stable, Western Five would examine possibilities for democratic Namibia.48 strengthenin the existing plan in order to ive At the 2273rd meeting, the representative of Ja an greater con ?ldence to arties in the future of an stated that Japan had consistently supported the FIve independent Namibia. 8anada believed that the path Western countries in their efforts aimed at an early to an internationally acceptable settlement must be and peaceful resolution of the Namibian problem left open and contemplated the call for sanctions and that those efforts included their settlement with the deepest concern, as such a course would pro sal which led to the adoption of resolution 435 probably put an end to United Nations efforts a?d (l9E) and their initiatives for conciliation and delay progress towards Namibian Independence m- mediaiion. He added that the commitment of the definitely. I Five to search for an internationally acceptable At the same meeting, the representative of the settlement of the Namibian problem underlined his Federal Republic of Germany stated that his Govem- delegation’s belief that any constructive means ment was convinced that there was no sound altema- towards a peaceful solution should be thoroughly tive to a negotiated settlement of the Namibian explored.49 question, and appealed to South Africa and SWAP0 At the same meeting, the Minister for Foreign not to a ravate the situation throu acts of aggres- Affairs of the United Republic of Tanzania recalled sion an f%order violation. He said t I?at the success of the statement b the representative of the United future endeavours towards a peaceful settlement Kingdom, on beit alf of the Contact Group, in which would depend on whether a climate of confidence he referred to the successful Lancaster House confer- could be established among all parties concerned and ence on Zimbabwe, and pointed out that Africa had that, in his Government’s view, the imposition of always preferred negotiated solutions to armed resist- sanctions against South Africa under Chapter VII of 120 Chapter VIII. M8iatcnma of iatcrnatioarl peace and security the Charter would lead to a deterioration in the defined by the Council and by the International negotiating climate without bringing Namibia closer Court of Justice.” to independence.52 At the 2276th meeting, on 29 April 1981, the At the 2275th meetin , on 28 April 1981, the representative of Uganda introduced56 five draft Chairman of the Special 8ommittee on the Situation resolutions,s7 the first jointly sponsored by Mexico, with regard to the Implementation of the Declaration Niger, Panama, the Philippmes, Tunisia and Ugan- on the Granting of Independence to Colonial Coun- da; and the remaining four jointly sponsored by tries and Peoples stated that it had been the Special Niger, Tunisia and Uganda. Committee’s consistent position that full and effec- Under the first draft resolution (S/14459) the tive application of measures under Chapter VII of Council would: (a) determine, in the context of the Charter would be the key to the speedy restora- Article 39 of the Charter: (i) that South Africa’s tion of peace, justice and freedom to the Namibian persistent refusal to comply with Council and Gener- people, given South Africa’s intransigence and re- al Assembly resolutions on Namibia constituted a peated acts of aggression against the neighbouring serious threat to international peace and security; (ii) States, and that all the attempts to resolve the that the continued illegal occupation of Namibia by Namibian problem by means of negotiation had South Africa constituted a breach of international failed.53 peace and an act of aggression; and (iii) that the repeated armed attacks perpetrated by South Africa At the same meeting, the representative of France against independent and soverei n States in southern stated that his Government did not believe that the Africa constituted grave acts oB aggression; (6) con- appeal in the Council for comprehensive mandatory demn South Africa for its acts as specified in (a) sanctions could lead to Namibian independence in above; (c) decide, under Chapter VII of the Charter 1981, but was convinced that the time for negotia- and in conformity with its responsibilities for the tions had not passed and that there was still hope as maintenance of international peace and security, to the positions of the parties were not so far apart. impose comprehensive and mandatory sanctions Fears expressed in connection with “equal treat- against South Africa; (d) decide as an urgent measure, ment” of the parties as well as the “democratic under Article 41 of the Charter, to adopt effective future” of Namibia could be allayed by providing the measures, including economic and political sanc- assurances necessary to restore a climate of trust, tions, an oil embargo and an arms embargo; (e) call which was indispensable to make progress. France upon all Member States, in conformity with Article was determined to work, within the Contact Group, 25 of the Charter, to assist effectively in the imple- for a peaceful resolution of the Namibian question.54 mentation of the measures called for by the resolu- The President, speaking in his capacity as the tion and as elaborated in the appropriate resolutions representative of Ireland, reviewed the history of the before the Council; U, call upon the specialized United Nations involvement in the Namibian ques- agencies to take all necessary measures to implement tion and said that a major turning-point had been the resolutions; (g) urge, having re ard to the princi- reached by the end of 1978, when South Africa and ples stated in Article 2 of the CR arter, States not SWAP0 had accepted in principle the terms of members of the United Nations to act in accordance resolution 435 (1978) for an internationally accept- with the provisions of the present resolution; (h) able settlement of the Namibian question. South decide to establish, in accordance with rule 28 of the Africa’s publicly expressed reasons for its refusal to provisional rules of procedure, a committee of the implement the terms of the resolution were: (a) its Council to monitor the implementation of the res- claim that the United Nations would not be impar- ent resolution; (i) call upon States Members oF the tial; and (b) its professed fear that the implementa- United Nations or members of specialized a encies tion of the plan might lead to “one man, one vote, to report to the Secretary-General and to the P ouncil once”. committee on measures taken to implement the resolution; 0) invite the Secretary-General to report He pointed out that the United Nations would not to the Council on the progress of the implementation organize the elections but supervise and control those of the resolution and to submit his first report by . . . elections while the South African administration at the latest; and (k) decide to keep the item on its would remain in the Territory until independence. a enda for further actions, as appropriate, in the light He added that the reco nition by the General oP developments in the situation. Assembly of the role of SbAPO in the liberation struggle was not incompatible with the Council’s Under the second draft resolution (S/14460), the decision that the future Government of Namibia Council would (a) reaffirm the inalienable rights of must be determined by free and fair elections. The the people of Namibia to self-determination and people of Namibia must have the right to determine independence in a united Namibia, including Walvis their own destiny as a people, including the political Bay and the Penguin and other offshore islands; (6) reiterate that Namibia was the legal responsibility of structures they wanted for themselves. the United Nations until genuine self-determination Therefore, the following three points should guide and national independence were achieved in the the Council: (a) a reaffirmation of resolution 435 Territory; (c) determine that South Africa’s ille al (1978); (6) a further effort within that framework to occupation of Namibia, its ersistent defiance oft% e resolve any remaining obstacles; and (c) strong and United Nations, its war oP repression being waged steady pressure on South Africa to implement in against Namibia, its repeated acts of aggression practice what it had accepted in principle over two launched from Namibian territory against mdepen- years ago. He further said that,. in the event South dent African States, its colonialist expansion and its Africa remained wholly intransigent, Ireland would policy of apartheid constituted a breach of intema- be ready to support certain graduated and carefully tional peace and security; (d) decide that all States chosen measures in order to oblige that country to should sever all diplomatic, consular and trade carry out its obligations in international law as relations with South Africa; (e) decide that, in Put II - 121 accordance with United Nations resolutions and in South Africa and occupied Namibia; (c) call upon decisions, all States should prevent the import into all States to take all possible further action under their territories of all commodities and products Article 41 of the Charter in order to put an end to the originating in South Africa and in illegally occu ied illegal occupation of Namibia and bring about its Namibia and exported therefrom after the date oFthe independence in accordance with the relevant resolu- resolution; (fl decide that all States should not make tion of the Council; (d) call upon all States to ensure available, or permit their nationals and any persons that their national legislation included penalties for within their territories to make available, to the violations of the provisions of the resolution; (e) call illegal regime in South Africa and occupied Namibia upon all States to carry out, in accordance with or to any commercial, industrial or public utility Article 25 and Article 2, paragraph 6, of the Charter, undertakmg, including tourist enterprises in those the provisions of the resolution, and remind them territories, any funds for investment or any other that failure or refusal to do so would constitute a financial or economic resources, except payments for violation of the Charter; U, call upon the specialized pensions or for medical, humamtarian or educational agencies to take all necessary measures to implement purposes, or for the provision of new material and, in the resolution; (R) call upon States Members of the special humanitarian circumstances, foodstuffs; (R) United Nations or members of specialized a encies decide that all States should prevent the entry into to report to the Secretary-General and to the Eouncil their territories, save on exceptional humanitarian committee on measures taken to implement the grounds, of any person travelling on a South African resolution; (h) request the Secretary-General to re- passport or on a passport issued by or on behalf of port to the Council on the implementation of the the illegal administration of South Africa in Na- resolution not later than . . . ; and (i) decide to remain mibia; (h) call upon all States to prohibit all travel actively seized of the matter. including tourism, sports, scientific and cultural exchanges of their nationals to South Africa and Under the fourth draft resolution (S/14462), the occupied Namibia; (i) decide that all States should Council would: (a) determine, having regard to the prevent airline companies constituted in their territo- critical situation created by South Afrrca in and ries and aircraft of their registration or under charter around Namibia, that the supply to South Africa and to their nationals from operating to or from South the collaboration in the manufacture of arms and Africa and occupied Namibia and from linking up related material constitute a breach of international with any airline or aircraft registered in those territo- peace and security; (b) decide that all States should ries; 0) call upon all States to take all possible further cease forthwith any provision to South Africa of arms action under Article 41 of the Charter; (k) call upon and related material of all types, including the all States to ensure that their national legislation provision of all types of equipment and supplies, and included penalties for violations of provisions of the grants of licensing arrangements for their manufac- present resolution; (0 call upon all States to carry out, ture or maintenance; (c) decide that all States should m accordance with Article 25 and Article 2, ara- ensure that arms-export agreements provide for graph 6, of the Charter, the rovisions oP the guarantees that would revent embargoed items or resolution, and remind them that ailureP or refusal to any components there0 P from reaching South Africa do so would constitute a violation of the Charter; (m) through third countries under any circumstances; (d) call upon States Members of the United Nations or decide that all States should prohibit the export of members of specialized agencies to report to the spare parts of embargoed aircraft and other military Secretary-General and to the Council committee on equipment belonging to South Africa and the mainte- measures taken to implement the resolution; (n) nance and servicing of such equipment; (e) decide request the Secretary-General to report to the Coun- that all States should seize any embargoed items cil on the implementation of the resolution not later destined for South Africa that might be found on than . . . ; and (0) decide to remain actively seized of their territories, including items in transit; v) decide the matter. that all States should prohibit government agencies and corporations and individuals under their juris- Under the third draft resolution (S/14461), the diction from transferring technology for the manu- Council would: (a) decide to impose a mandatory facture of arms and related material of all types to, as embargo on the direct and indirect supply of petrole- well as from investing in their manufacture in, South um and petroleum roducts to South Afrrca and Africa; (g) decide that all States should prohibit all occupied Namibia; (1) decide that all States should imports of arms and related material of any type prohibit: (i) the sale or supply of petroleum and from South Africa and should seize any such items petroleum products to any person or body in South that might be found in their territories, including Africa and occupied Namrbra; (ii) any actrvities that items in transit; (h) decide that all States that had not promoted the sale or sup ly of petroleum or petrole- yet done so should put an end to exchange with South um products to South APrica and occupied Namibia; Africa of military personnel, as well as ex rts in (iii) the shipment in vessels, aircraft or any other weapons technology and employees of arms ractories means of transportation of their registration or under under their jurisdrction; (i) decide that all States charter to their nationals of any petroleum or petrole- should take effective measures to prevent the recruit- um products to South Africa and occu ied Namibia; ment, financing, training and transit of mercenaries (iv) any investments in or provision oPtechnical and for service in South Africa and occupied Namibia; 0) other assistance, including technical advice and spare call upon all States to cease and prevent any direct or parts, to the petroleum industry in South Africa and indirect cooperation on activities by public or occupied Namibia; (v) the provision of transit facili- private corporations, individuals or groups of indi- ties, including the use of ports, airports, roads or viduals in con’unction with South Afrrca in the railway network by vessels, aircraft or any other development ot’ a nuclear-weapons capability b the means of transportation for carrying petroleum prod- racist regime of South Africa; (k) call upon all Htates ucts; and (vi) any activities which promoted or were to take all possible further action under Article 41 of calculated to promote the prospecting for petroleum the Charter; (0 call upon all States to ensure that 122 Chapter VIII. Mahtenmcc of laternational pea= nod security their national legislation include penalties for viola- put to the vote in the light of the results of voting on tions of the provisions of the resolutions; (m) call the preceding four draft resolutions6 upon all States to carry out, in accordance with Speaking after the vote, the representative of the Article 25 and Article 2, paragraph 6, of the Charter, United Kingdom stated that his delegation had voted the provisions of the resolutton, and remind them against the draft resolutions because it wanted to that failure or refusal to do so would constitute a keep open the prospects for a negotiated settlement violation of the Charter; (n) call upon the specialized and considered sanctions to be economical1 harmful agencies to take all necessary measures to implement to many African and Western countries, incruding his the resolution; (0) call upon all States Members of the own. A continued denial of independence to the United Nations or members of specialized a encies people of Namibia would perpetuate instabilit and to report to the Secretary-General and to the Eouncil bloodshed in a region where only a settlement o iiered committee on measures taken to implement the hope for peace and for stability. The United King- resolution; @) request the Secretary-General to re- dom would continue actively, with the other partners port to the Council on the implementation of the in the Western Five, to develop ways to enhance the resolution not later than . . . ; and (4) decide to possibilities of the implementation of resolution 435 remain actively seized of the matter. ( 1978).66 Under the fifth and last draft resolution (S/14463), The representative of France stated that his delega- the Council would: (a) decide to establish, m accord- tion had voted against the draft resolutions because it ance with rule 28 of its provisional rules of proce- did not believe that recourse to comprehensive dure, a committee of the Council, provided with mandatory sanctions against South Africa would powers and means commensurate with its responsi- promote progress in the desired direction and that bilities, to undertake the following tasks and to report the adoption of such measures would run counter to to it with its observations: (i) seek from any State the goal of the resumption and intensification of information relevant to the strict implementation of negotiations aimed at the peaceful transition of resolutions. . , (1981) including any activities by any Namibia to independence. Resolution 418 (1977) of nationals of that State or in its territories that might 4 November 1977 relating to the arms embargo on constitute an evasion of the provisions of the resolu- South Africa remained in force and France would tion; and (ii) examine such reports on the implemen- continue to abide by the obligations flowing from it.67 tation of the above-mentioned resolutions as might bc submitted by the Secretary-General; (6) call upon The representative of the United States stated that all States to co-o crate fully with the committee in her Government had participated in a joint state- rc ard to the ful Prlment of its tasks concerning the ment6* that resolution 435 (1978) continued to e ffective implementation of the provisions of resolu- provide a solid basis for Namibia’s transition to tions . . . (198 1) and to supply to that committee such independence, that it was firmly commrtted to information as might be sought by it in pursuance of making every effort to achieve an internationally the resolution; and (c) request the Secretary-General accepted, independent, lasting settlement in Namib- to provide every assistance to the committee in the ia, and that, for that reason, it could not support the implementation of its mandate. draft resolutions. Each of the draft resolutions related to sanctions, thereby representing what the United At the 2277th meeting, on 30 April 1981, the States believed was the wrong course for the achieve- President (Ireland) drewJ* the attention of the Coun- ment of Namibian independence.69 cil members to the revised text of the second draft resolutionSV whereby the words “Decides that all The representative of U anda stated that the States shall” in operative paragraph 8 were replaced Group of African States at t% e United Nations had with the words “Calls upon all States to”. The come before the Council to present a “clear, une uiv- President also announced that, at the request of the ocal, global consensus*’ and that the majority o? the sponsors, the blank spaces contained in the first four Council members had concurred with the verdict of draft resolutions would be replaced by the date “15 the international community that “peaceful pres- July I98 l”.6o sure” should be applied against South Africa because of its oppression of the people of Namibia and its He then put the draft resolutions to the vote. The continued illegal occupation of that Territory. The six-Power draft resolution (S/ 14459) received 9 votes impact of the negative vote by three permanent in favour, 3 against, and 3 abstentions, and failed of members was not to strengthen international peace adoption owing to the negative votes of three perma- and security nor to speak for independence, freedom nent members of the Council.61 and self-determination, but rather to strengthen the The second draft resolution, as revised occupying Power and to comfort the forces that had (S/l4460/Rev. I), received 9 votes in favour,. 3 been intransigent and that had flouted every decision against, and 3 abstentions, and failed of adoption of the Council. The negative votes had rebuffed the owin to the ne ative votes of three permanent possibility of collective action, thereby shattering the memfi ers of the E ounci1.62 unity of the Council as well. He concluded by stating that the commitment to resolution 435 (1978) had The third draft resolution (S/14461) received 1 I arisen from a commitment to free and fair elections votes in favour,, 3 against, and 1 abstention, and and that the African Group would continue to failed of adoptron owing to the negative votes of employ every . possible method to ensure South three permanent members of the Council.63 Africa s compliance with that resolution.70 The fourth draft resolution (S/14462) received 12 The President, speaking in his ca acity as the votes in favour, 3 against, and no abstention, and representative of Ireland, stated that rl is delegation failed of adoption owing to the negative votes of believed that South Africa must be obliged to respect three permanent members of the CounciL6’ the Council’s decisions and to carry out its clear The fifth draft resolution (S/14463), which would obligations under the Charter and generally under have established a committee of the Council, was not international law. His delegation had nevertheless Pall II 123 thought it right to make a sustained effort to avoid Republic of Germany, Kenya, Morocco, Mozam- division in the Council. Since that was not possible, bique, Uganda, Upper Volta and the United Repub- Ireland had voted for the two draft resolutions that, lic of Tanzania; at the 2441st meeting, the represen- respectively, would have imposed an oil embargo tatives of Democratic Yemen, Japan, the Libyan (S/14461) and would have stren thened the arms Arab Jamahiriya and Somalia; at the 2442nd meet- embargo already in existence (s 114462). Ireland ing, the representatives of Bulgaria, Chile and Vene- believed that the Council could have indicated in zuela; at the 2443rd meeting, the representatives of advance its intention to honour its obligations under Barbados, Cyprus, Gabon, Liberia, Mexico, Mongo- Article 50 of the Charter to States that might be lia, the Niger, Qatar and Viet Nam; at the 2444th confronted with special economic problems arising meeting, the representatives of Argentina, the Ger- from the carrying out of those measures. Ireland had man Democratic Republic and Hungary; at the abstained on draft resolution S/ I44601Rev. I! which 2446th meeting, the representative of Czechoslova- would have imposed comprehensive economic sanc- kia; at the 2447th meeting, the representative of tions as well as sanctions of a political nature. As a Malaysia; at the 2448th meeting, the representative result of its decision to abstam on the aforemen- of Grenada; and at the 2449th meeting, the re resen- tioned text, Ireland had felt obliged also to abstain on tatives of Ghana and the Islamic Republic oP Iran.i4 draft resolution 5114459, which had involved a The Security Council also decided to extend invita- decision to adopt comprehensive economic and tions as follows: at the 2439th meeting, to a dele a- political sanctions.” tion of the United Nations Council for Namibia Bed by the President of that body, to the representative of Decision of 31 May 1983 (2449th meeting): resolu- the Chairman of the Special Committee against tion 532 (1983) Apartheid, and to Mr. Sam Nujoma; at the 2440th By letter’? dated 12 May 1983 addressed to the meeting, to the Acting Chairman of the Special President of the Council, the representative of Mau- Committee on the Situation with regard to the ritius, on behalf of the Group of African States at the Implementation of the Declaration on the Granting United Nations, requested a meeting of the Council of Independence to Colonial Countries and Peoples; to consider the situation in Namibia. at the 2443rd meeting, to Mr. Clovis Maksoud; and By letter” dated 13 May 1983 addressed to the at the 2447th meeting, to Mr. Johnstone F. Makatini President of the Council, the representative of India, and Mr. Lesaoana S. Makhanda.14 on behalf of the non-aligned countries, requested a The item was considered at the 2439th to 2444th meeting of the Council in order to consider further and 2446th to 245 1st meetings, from 23 May to 1 action in the implementation of the Council’s plan June 1983. for the independence of Namibia. At the 2439th meeting,, the Minister for Foreign On 19 May 1983, the Secretary-General issued a Affairs of India, speaking m his capacity as represen- further report74 concerning the implementation of tative of the Chairman of the Movement of Non- resolutions 435 (1978) and 439 (1978) concerning the Aligned Countries, stated that he had come before question of Namibia. The report contained a summa- the Council along with a large number of forei n ry of developments since the conclusion of the pre- ministers of non-aligned countries, on the basis oP a implementation meeting held at Geneva in January mandate from the Seventh Conference of the Heads 1981 and outlined the extensive consultations be- of State or Government of Non-Aligned Countries, tween the Secretary-General and the parties con- which had taken place in New Delhi from 7 to 12 cerned aimed at resolving outstanding issues to March 1983, and which had called upon the Council facilitate the early implementation of resolution 435 to meet as soon as possible in order to consider (1978). The Secretary-General reported that a large further action on the implementation of its plan for measure of agreement had been secured on the Namibia’s independence under resolution 435 modalities to be employed in implementing resolu- ( 1978). tion 435 (1978) and that, as far as the United Nations He enumerated eight principles, also endorsed by was concerned, the only outstanding issues were the the United Nations: (a) that the right of the Namibi- choice of the electoral system and the settlement of an people to self-determination, freedom and nation- some problems relating to UNTAG and its composi- al independence in a united Namibia, including tion. The Secretary-General noted that other issues, Walvis Bay, the Penguin and other offshore islands, which were outside the scope of resolution 435 was inalienable; (b) that Namibia was the direct (1978),.were becoming a factor in the negotiations on responsibility of the United Nations; (c) that SWAP0 Namibia, and expressed his concern that those was the sole and authentic representative of the factors should hamper the implementation of the Namibian people; (d) that South Africa’s continued Council’s resolution. illegal occupation of Namibia and its refusal to At the 2439th meeting, on 23 May 1983, the comply with United Nations resolutions, as well as Council included the letters by Mauritius and India its attempts to devise and impose fraudulent consti- in the agenda. Following the adoption of the agenda, tutional and political schemes to perpetuate its hold the following were invited, at their request, to on that Territory, should be condemned vigorously participate, without vote, in the discussion of the and unequivocally by the international community; item on the agenda: at the 2439th meeting, the (e) that South Africa’s exploitation of the natural representatives of Al eria, An ola, Australia., Bangla- resources of Namibia, directly as well as through desh, Benin, Cuba, E ypt, Et P; iopia, Gambia, Guin- foreign interests under the protection of the occu y- ea, India, Indonesia, liamaica, Kuwait, Mali, Mauri- ing administration, was illegal and constitutea a tius, Nigeria, Panama, Romania, Senegal, the serious violation of the Charter and an obstacle to the Seychelles, Sierra Leone, South Africa, Sri Lanka, the political independence of Namibia; that the Syrian Arab Republic, Tunisia, Turkey, Yugoslavia activities of SWAPO, in particular t t?e People’s and Zambia; at the 2440th meeting, the representa- Liberation Army of Namibia (PLAN), includin tives of Afghanistan, Botswana, Canada, the Federal armed struggle, against the illegal administration an dB 124 Chapter VIII. Mdmtewa of interutbd P-=-d& the forces of occupation were fully justified as a by formulating a resolution that would reinforce, not legitimate means to achieve freedom and national undermine, the negotiating process.7s independence; (g) that the countries of the non- At the same meetin , the President of the United aligned movement pledged to render all possible Nations Council for r$amibia stated that the lack of material, financial, military, political, humanitarian, pro ress towards implementation of resolutions 385 diplomatic and moral assistance to SWAP0 in its (1976) and 435 (1978) caused the United Nations struggle to secure the total liberation of Namibia; and Council for Namibia great concern. At every stage of (h) that resolution 435 (I 978) containing the United the talks with South Africa during the five years since Nations plan for the independence of Namibia the adoption of resolution 435 (1978), South Africa constituted the only basis for the peaceful settlement and some of its partners had introduced new ele- of the Namibian question, and that any linkage or ments aimed at delaying the implementation of the parallelism between the independence of Namibia United Nations plan, most recently the attempt to and the withdrawal of Cuban troops from Angola link the implementation of the settlement plan to the must be categorically rejected. withdrawal of Cuban troops from Angola. Such He said that South Africa had also used the extraneous issues had been introduced because the Territory of Namibia to launch acts of aggression talks were held outside the United Nations frame- against independent States in the re ion, in particular work. The Security Council meeting had been re- the front-line States, the latest act % eing the air raid quested with the specific goal of bringing the talks on against Mozambique. During the four years since the Namibia back into the United Nations framework, Council had adopted resolution 435 (1978) South established by resolution 435 (I 978), under which the Africa had aimed at delaying its implementation. Secreta -General could be called upon to use his The latest retext had been the attempt to link the good of?ices and which did not recognize any linkage question oF Namibian independence to an entirely or extraneous factors.” irrelevant and extraneous issue. He said that it was At the same meeting, Mr. Sam Nujoma, President time for the Council to agree on a definite time frame of SWAPO, gave a detailed account of the sufferings, for the implementation of resolution 435 (1978) and abductions, massacres and other acts of intimidation to remain actively seized of the question until the to which Namibians were subjected by the South process was completed and that, if South Africa African colonial arm of about 100,000 troops, continued to defy its decisions, the Council should be which had turned the 4 erritory into a garrison State. prepared to take appropriate action under Chapter He recalled the statement which he had made eleven VII of the Charter. 5 and a half years ago, when he had been given the At the same meeting, the representative of the privilege as the first freedom fighter to address the United Kingdom referred to recent acts of violence Council. The situation in and around Namibia which and the toll in civilian casualties from the Pretoria he had described before the Council in 1971 re- car bomb and the violation of Mozambican sover- mained the same except that the human suffering and eignty, and stated that his Government had always destruction of property had increased to alarmin deplored the use of violence from any quarters in the proportions due to South Africa’s continued colonia Lf search for solutions to the problems of southern and racist oppression throughout the region. Africa. He pointed out that the Contact Group had Over the past two years, the United States had held a series of meetings in Africa with the front-line been advocating a greater acce tance of South Africa States and SWAP0 while conducting parallel consul- within the global framework oP Western security and tations with the South African Government. Broad the net result of that policy was that Namibia’s agreement had been secured on a constitutional independence had been further delayed and the framework which had led to the refinement and suffering of the people prolonged. He lauded the acceptance of the principles”j concerning the constit- report of the Secretary-General, especial1 the con- uent assembly and the constitution for an inde n- cludin observations, which accurately rehected the dent Namibia. He referred to paragraph 18 orthe prevai P ing state of affairs and showed who was Secretary-General’s report and confirmed that as far responsible for the impasse. SWAP0 had reviewed as the United Nations was concerned the only the histo of the negotiations and the role of the outstandin issues were the choice of the electoral Contact 2roup and had concluded that the five system an d the settlement of some final problems Western Powers had ceased to be an honest broker in relating to UNTAG and its composition. implementing resolution 435 (1978). He said that substantial progress had been made He called upon the Council urgently to shoulder its towards the implementation of resolution 435 (1978) responsibility in the implementation of the United and that the Contact Group shared the concern that Nations plan and, for that purpose, to strengthen the factors relating to the regional situation, which were role of the Secretary-General, who was charged with outside the scope of the Contact Group’s mandate, that responsibility under the terms of resolution 435 had not yet permitted implementation of the United (1978). He referred to the members of the Contact Nations plan. A Namibian settlement had to ensure Group as self-appointed and rejected the statement the security of all States in the re ion includin b the representative of the United Kingdom that the Angola. The United Nations plan for R amibia coul d dyontact Group should continue the negotiations on not be implemented without the withdrawal of South the Namibian question.‘j African forces from An olan territory. He expressed At the 2440th meeting, on 24 May 1983, the hope that the direct tal % s between the parties about representative of Cuba stated that in 1975, after the those problems would yield a satisfactory conclusion colonialist forces had withdrawn from Angola, South so that attention could be focused on the implemen- Africa had invaded the territory of independent tation of resolution 435 (1978). The debate in the An ola and that the Cuban internationalist fighters Council offered an opportunity to assist in that had come to Angola at that time to contribute to the direction by making constructive contributions and defence of its independence and territorial integrity. Pul II 125 Since then, South Africa had committed many acts of At the 2443rd meeting, on 25 May 1983, the aggression against Angola and occupied part of its representative of the United States stated that her territory for nearly two years. Cuba had always Government deplored cross-border violence in rejected the linkage of Namibian independence to the southern Africa and had been seeking to assist the presence of the Cuban forces in Angola, and quoted Governments of the region to resolve mutual prob- the first and ninth points of the Cuban-Angolan ‘oint lems by peaceful means. The United States had been statement of 4 February 1982, according to wc ich: encouraged by the purposeful high-level dialogue (a) the presence and withdrawal of the Cuban forces between Mozambique and South Africa. The princi- stationed in Angola constituted a bilateral question ples of non-violence and of the settlement of dtsputes between the two sovereign States, in accordance with by peaceful means were especially pertinent to the Article 51 of the Charter; and (b) the Angolan and issue under consideration by the Council. She said Cuban Governments would consider the withdrawal that it would be a mistake to discount the progress of the Cuban forces, if the struggle of SWAP0 and that had been achieved towards the implementation the demands of the international community suc- of resolution 435 (1978) since the Council had last ceeded in achieving genuine independence for Na- reviewed the situation in Namibia. The United States mibia on the basis of resolution 435 (1978)7 and the shared the concern that the factors relating to the total wrthdrawal of South Afrtcan troops. regional situation in southern Africa had not yet At the same meeting, the representative of South permitted implementation of the United Nations Africa charged that the main objective of the Coun- plan, and believed that those issues should be cil’s meeting was to undermine the delicate negotia- resolved rapidly in order to allow the Namibian tions that were under way, and not to promote a people to exercise their right to self-determination. peaceful settlement of the question of South West She stated that her Government had neither the Africa. He said that South Africa continued to intention nor the power to impose its own views on administer the Territory legally, in conformity with those whose interests were most directly involved the spirit of the lapsed mandate from the League of and that its sole objective had been to assist the Nations, and that South Africa had first accepted the parties in tackling the obstacles that had thus far Western proposal and had informed the Secretary- prevented the implementation of resolution 435 General, on 22 December 1978, that it would co- (l;tii)7Band the attainment of Namibia’s indepen- operate in the expeditious implementation of resolu- tion 435 (1978). At the 2447th meeting, on 27 May 1983, the On 6 , South Africa had advised the representative of France stated that France’s position Secretary-General that early implementation was regardin the current situation was that resolutions im erative and had urged that UNTAG be in place 385 (1986) and 435 (1978) were complete in them- bePore the end of that month, even if it only involved selves and that Namibia’s accession to independence certain advance units. Since February 1979, how- and the unconditional implementation of those reso- ever, SWAP0 and the United Nations had created lutions could not be impeded by external consider- the obstacles which had frustrated agreement on a ations. France, therefore, saw only advantages in peaceful settlement. He quoted from a recent state- having the Council give the Secretary-General a ment by his Minister of Foreign Affairs who had said mandate to resume contact with the arties con- in the South African Parliament that there was an cerned to ensure the implementation oP the United unquestionable de fucro linkage between the with- Nations plan. The problems that would remain after drawal of Cuban forces from Angola and the settle- the implementation of the settlement plan, namely, ment of the Namibian/South West African question. the security and development of the southern African He said that the problem had not been of South region, should be reflected on. Africa’s making. South Africa had tried to remove He referred,.in that connection, to two su estions that last major obstacle to the realization of a made the prevtous month by the Minister forT ore&n peaceful settlement and had held two meetings at the Affairs of France at the International Conference m ministerial level with Angola in the Cape Verde Support of the Struggle of the Namibian People for islands in December 1982 and February 1983. South Independence: (a) that each sovereign State, especial- Africa was prepared to hold further talks with An ola ly Namibia in the future, had the rtght to dectde on to resolve that issue. He added that South A Prica the best way to strengthen its security, which France preferred peaceful coexistence with all its neighbours, was prepared to support on its own and through the and had repeatedly invited its neighbours to enter Council; and (b) that the United Nations should into non-aggression pacts. rovide, in support of the Namibian settlement plan, In that context, he mentioned the bilateral ministe- Por assistance to the countries most severely affected rial talks between the Governments of South Africa by the continuing occupation of Namibia, particular- and Mozambique. He stressed that South Africa was ly Angola, which had been the ob’ect of destruction seeking firm and concrete signs that the United and partial occupation because or’ its solidarity with Nations was prepared to give serious attention to the the people of Namibia.79 justifiable concerns of the people of South West At the 2449th meeting, on 31 May 1983, draft Africa and to the legitimate interests of South Africa resolution S/l 5803 was adoptedsO unanimously as in a stable and peaceful southern Africa. He de- resolution 532 (1983). The resolution reads as fol- nounced what he called recent terrorist outrages and lows: pointed to South Africa’s retaliation against ANC targets in Mozambique, which illustrated the urgency The Security Council, of the choice between an escalation of the confronta- Having considered the report of the !%crctary-Gcneml, tion and peace and cooperation. He expressed the Recalling General Assembly resolutions I514 (XV) of 14 hope that the Council would not consider any action December 1960 and 2145 (XXI) of 27 October 1966, or impose any deadlines which might force the region Recalling and re&tning its resolutions 301 (1971), 385 (1976), in the direction of a worsening of the conflict.77 431 (1978), 432 (1978), 435 (1978) and 439 (1978). 126 Cbrptcr VIII. Maintenance of internatioa8l m and security Reaflrming the legal responsibility of the United Nations over achieved with regard to the cessation of hostilities Namibia and the primary responsibility of the Security Council for and the implementation of resolution 435 (1978). He ensuring the implementation of its resolutions 385 (1976) and 435 called upon all concerned to make another major (1978). including the holding of free and fair elections in Namibia effort to reach the independence of Namibia at the under the supervision and control of the United Nations, earliest possible date and expressed his own determi- Tukina no& of the results of the International Conference in nation to continue his endeavours to that end and to Support-of the Struggle of the Namibian People for Independence. held at UNESCO House in Paris from 25 to 29 April 1983, assist the people of Namibia in any way he could. Taking hole of the protracted and exhaustive consultations By letters2 dated I7 October 1983 addressed to the which have taken place since the adoption of resolution 435 President of the Council, the representative of Sene- (1978). al,. on behalf of the Group of African States at the Further noting with rqrt? that those consultations have not yet & mted Nations, requested an urgent meeting of the brouaht about the imnlementation of resolution 435 (1978). Council to consider the situation in Namibia. I. Condemns South Africa’s continued illegal occupation of By lettern’ dated 18 October 1983 addressed to the Namibia in flagrant defiance of resolutions of the General President of the Council, the re resentative of India, Assembly and decisions of the Security Council; on behalf of the Movement oP Non-Aligned Coun- 2. Co//s upon South Africa to make a firm commitment as to its readiness to comply with Council resolution 435 (1978) for the tries, requested a meeting of the Council to consider independence of Namibia; further the question of Namibia. 3. Further calls umn South Africa to co-operate forthwith and At the 248 1st meeting, on 20 October 1983, the fully with the Secritary-General in order to-expedite the implc- Council included the letters by Senegal and India as mentation of resolution 435 (1978) for the early independence of well as the report of the Secretary-General in its Namibia; agenda. Following the adoption of the agenda, the 4. Decrdes to mandate the Secretary-General to undertake following were invited, at their request, to partici- consultations with the parties to the proposed cease-fire, with a pate, without vote, in the discussion of the item on view to securing the speedy implementation of resolution 435 the agenda: at the 248lst meeting, the representatives (1978); of Angola, Canada, Cuba, Ethiopia, India, the Libyan 5. Requests the Secretary-General to report to the Council on the results of these consultations as soon as possible and not later than Arab Jamahiriya, Nigeria, Senegal, Sierra Leone, 31 August 1983; South Africa, the United Republic of Tanzania, Yugoslavia and Zambia; at the 2482nd meeting, the 6. Decidus to remain actively seized of the matter. representatives of Botswana, the Federal Republic of Decision of 28 October 1983 (2492nd meeting): Germany, Mozambique and Venezuela; at the resolution 539 (1983) 2483rd meeting, the representatives of Algeria, the In pursuance of resolution 532 (1983) the Secre- German Democratic Republic, Kenya, Kuwait, Mex- tary-General, on 29 August 1983, submitted a re- ico, Sri Lanka and Tunisia; at the 2485th meeting, portnl concerning the implementation of resolutions the representative of Czechoslovakia; at the 2486th 435 (1978) and 439 (1978). In his report, the meeting, the representatives of Argentina, Bulgaria Secretary-General gave a detailed account of his and the Syrian Arab Republic; at the 2488th meeting, consultations with the parties concerned and of his the representatives of Hungary, the Islamic Republtc visit to South Africa and Namibia from 22 to 25 of Iran, and the Sudan; and at the 2490th August 1983. He had undertaken those efforts to meeting, the representatives of Turkey and Uganda.” carry out the mandate given to him by the Council in The Council also decided to extend invitations to resolution 532 (1983) namely, to consult with the participate in the discussion of the item on the parties to the proposed cease-fire with a view to Council’s agenda under rule 39 of the provisional securing the speedy implementation of resolution rules of procedure to the following: at the 2481st 435 (1978). He stated that his prolonged consulta- meetin , to a delegation of the United Nations tions had resulted, as far as UNTAG was concerned, Counci 7 for Namibia led by the President of that in resolvin virtually all the outstanding issues and body,. to the Chairman of the Special Committee on that never % efore had he been so close to finality on the Situation with regard to the Implementation of the modalities of implementing resolution 435 the Declaration on the Granting of Independence to ( 1978). Colonial Countries and Peoples and to Mr. Peter The Secreta -General pointed out, however, that Mueshihange; at the 2483rd meeting, to the Acting the position of5 outh Africa re rding the issue of the Chairman of the Special Committee against Apurf- withdrawal of Cuban troops romP Angola as a pre- heid; and at the 2485th meeting, to Mr. Johnstone F. condition for the implementation of resolution 435 Makatini.” (1978) still made it impossible to launch the United The Council considered the item at its 2481st to Nations plan. He indicated that he had repeatedly 2486th, 2488th, 2490th and 2492nd meetings, from made it clear that he did not accept the linkage and 20 to 28 October 1983. that the question of Cuban troops was not envisaged At the 2481st meeting, the Minister for Foreign in resolution 435 (1978) and was not part of his Affairs of Ethio ia, speaking in his capacity as mandate under resolution 532 (1983). representative oP the current Chairman of OAU, The Secretary-General pointed out that his visit to stated that the withdrawal of Cuban forces from Namibia had brought home to him the human Angola was an irrelevant and unjustified pre-condi- tragedy of the current situation and the necessity for tion blocking the independence of Namibia. The urgent progress towards implementation of the self- Cuban forces had been requested by the Government determmation and independence of the people of of Angola for the purpose of repelling the invasion by Namibia. He also stressed the significance of a South Africa. South Africa’s aggression and its peaceful solution of the Namibian problem for a occupation of parts of southern Angola necessitated peaceful and cooperative future for all countries of the continued assistance. of Cuban forces in full the region. He warned that disastrous consequences cooaf;;nty with the provisions of Article 51 of the would result if no substantial progress could be Pul II 127 The presence of Cuban forces in Angola, which had len e to the authority of the United Nations, which posed no threat to the security and stability of the ha dp assumed a unique responsibility over Namibia other States in the region, was thus not only legiti- until its inde ndence. He pointed out that SWAP0 mate and legal but a positive element in the contrnu- sources conp” irmed that the Pretoria leadership was ing struggle for the maintenance of the sovereignt not contemplating the implementation of resolution and territorial integrity of Angola. To speak of Sout z 435 (1978) for the next two to five years, if at all. Africa’s security concern over troops in a country Meanwhile, South Africa would continue to rely on with which it shared no common border could only military repression inside Namibia and acts of be construed as tacit acceptance of its occupation of aggression against the front-line States and ANC. He the international Territory of Namibia as legal. urged the Council to impose comprehensive manda- Linking that matter with the question of Namibia’s tory sanctions under Chapter VII of the Charter, independence could only be an interference in the which would compel the Pretoria regime to co-oper- domestic affairs of Angola in clear contravention of ate full in the speedy implementation of resolution international law. 435 (1678).“4 He recalled recent resolutions or decisions adopted At the same meeting, the representative of South by OAU, the Movement of Non-Ali ned Countries, Africa referred to the report of the Secretary-General, the International Conference in !f upport of the which reflected accurately the position of the South Stru Ic of the Namibian People for Independence African Government. The discussions with the Secre- and gBt e General Assembly, which showed the emer- tary-General had been held to advance peaceful gence of an international consensus rejecting the so- settlement of the South West Africa question on the called linkage or parallelism in relation to Namibia’s basis of resolution 435 (1978) and, as a result, the independence. He regretted that the Council had yet remaining outstanding issues relating to the choice of to pronounce itself on the matter and that such the electoral system and the composition and status silence would amount to acquiescence in the delay of of UNTAG had been resolved. the implementation of the United Nations plan. He strongly urged the Council to reject all attempts to There was only one major issue left, the withdrawal link Namibia’s independence with any extraneous of the Cubans from Angola on the understanding that and irrelevant issues and to establish a time frame for they would not be replaced by any other hostile the implementation of resolution 435 (1978). The forces. He declared that his Government insisted on Council should also seriously consider measures the Cuban withdrawal. He noted that while the against South Africa under Chapter VII of the Secretary-General did not acce t the linkage between Charter, if Pretoria persisted in its dilatory tactics.*’ a settlement in South West A Prica/Namibia and the withdrawal of Cuban troops from Angola, he had At the same meeting, Mr. Peter Mueshihange, acknowledged in his reports5 on the work of the Secretary for Foreign Relations of SWAPO, de- Organization to the thirty-eighth session of the nounced the linka e precondition insisted upon by General Assembly that the destructive nature of South Africa and t fl e current United States Adminis- regional disputes was likely to be aggravated by the tration. He said that the issue of linkage had become superimposition of East-West tension on such con- the only obstacle in the negotiations on Namibia’s flicts. Since SWAP0 operated from Angola with the transition to independence. active support of the Popular Armed Forces for the He referred to the Secretary-General’s report and Liberation of Angola (FAPLA) and Cuba, the prcs- stated that it had led them to the following conclu- ence of the Cuban forces in Angola was indivisible sions: (a) that the Secretary-General had successfully from the efforts to end conflict and to establish peace carried out his mandate, under resolution 532 (1983), in the region. to undertake consultations with SWAP0 and South Africa on the speedy implementation of resolution He restated South Africa’s rejection of General 435 (1978); (h) that all the outstanding issues had Assembly resolutions that had declared SWAP0 to been resolved; (c) that those matters that were be the sole and authentic representative of the people technical in nature as well as the related financial of South West Africa and stressed that it would be implications were to be resolved quickly within the futile for the Council to set any time frame for the framework of resolution 435 (I 978) and on the basis implementation of resolution 435 (1978) until the of the understandings that had been reached among issue of the Cuban presence in Angola had been the negotiatin parties in New York in August 1982; resolved.B6 (d) that the !!ecretary-General had confirmed that At the 2482nd meetin , the representative of South Africa would communicate its choice of the Angola stated that one oftR e most serious problems electoral system-between the proportional represen- threatening international peace and security was the tation and a single constituency system-prior to the illegal occupation of Namtbia by South Africa, which adoption of the enabling resolution by the Council; was also one of the oldest before the United Nations. and (P) that SWAP0 had reiterated its readiness to He said that, each time outstanding issues had been sign a cease-fire a reement and to cooperate with the settled, Pretoria had invented new ones and would Secretary-Generaf and his Special Representative in not end its illegal occupation of Namibia unless it the judicious implementation of the United Nations was forced. If resolution 435 (1978) was not imple- plan. mented, the international community would be left He declared the olitical will and determination of with only two options: comprehensive sanctions or a SWAP0 to move Ponvard but added that the current prolonged armed struggle by SWAP0 and the people meetings of the Council were not engaged in the of Namibia with the support of their friends. Angola formulation and adoption of an enablin resolution rejected artificial linkages and char ed that “con- because of the unilateral and unwarrantef imposition structive engagement” had allowed louth Africa to of the issue of linkage by the United States on the engage in a “destructive engagement” against Angola Namibian ne otiations. That was a very serious and to extend its illegal occupation of Namibia to the development kor them as it was also a direct chal- southern parts of hts country. II Chapter VIII. Mdatcau~~~ of iatermtiood peace ad security He renewed his Government’s demands for: (a) the tion 435 (1978) was delaying the common objective. immediate and unconditional withdrawal of South but that the United States remained convinced that African forces occup ing Angolan territory; (b) the that obstacle could and should be removed with cessation of South A fyrica’s attacks on Angola; (c) the perseverance and good will. She said that her Gov- cessation of all lo istic and military support given to ernment had devoted its energy to search for a UNITA; and (4 the speedy implementation of solution on the basis of reciprocity, respect for resolution 435 (1978). He pomted out that Angola security and sovereignty on all sides and that it would had invited its Cuban friends, among others, to assist continue with that effort as long as it appeared that them in the defence of their sovereignty and territori- there was a chance for a peaceful solution. The al integrity following the South African invasion. United States neither sought nor desired any special He referred to South Africa’s brutal attacks on all advantage or position for itself, and its sole objective front-line States and said that the real reason for had been to assist the arties most directly concerned those acts of aggression was not the presence of in overcoming the dif?iculties that had so far prevent- Cubans but rather South Africa’s pre-emptive opera- ed implementation of resolution 435 (1978). She tion against any and all that threatened its racist concluded that the future of Namibia depended on structure. He concluded that the Council must reject the unity of the members of the Council in keeping South Africa’s insistence on linking Namibian inde- the negotiating process firmly on track.8B pendence to extraneous and irrelevant issues and that At the 2485th meeting, the representative of it should also consider the application of appropriate France commended the Secretary-General for having measures under Chapter VII of the Charter in the carried out courageously a difficult mission and event of Pretoria’s continued noncompliance with noted three points in his report: (a) the moderate the Council’s resolutions.*’ policy, goodwill and spirit of compromise main- At the same meetin the Deputy Minister for tained by SWAP0 and its leaders despite the frustra- External Relations of Euba said that South Africa tions of endless negotiations and the aggravation of had consistently defied the international community the fighting; (b) the positive gestures by the Pretoria and flouted the resolutions of the Council and the Government relating to the composition and status General Assembly in open violation of the funda- of UNTAG and the question of impartiality; and (c) mental principles of the Charter. Namibia’s long the reaffirmation from Pretoria regarding the unac- history of colonial occupation and oppression was ceptable linkage between Namibian independence explained by its natural resources, including urani- and the withdrawal of Cuban forces from Angola. um, and its strategic geographical location. The Secretary-General’s recent visit to South Africa had Namibia’s accession to independence and the made it clear that South Africa insisted on making implementation of resolutions 385 (1976) and 435 the implementation of the settlement plan dependent (1978) could not be impeded by external consider- on the presence of Cuban troops in An ola. Pretoria ations or by preconditions; France had upheld that should be asked what prevented its wit ff drawal from position within the Contact Group. The question Namibia in 1974 and before, when there were no arose whether South Africa’s continued insistence on Cubans in Angola and when that country was linkage precluded a peaceful settlement. He deplored controlled by the Portuguese colonial -army. Cuba the protracted suffering of the people of Namibia and vigorously rejected the attempt at Imking the pres- of the front-line States, particularly Angola, which ence of its troops in Angola with Namibia s mdepen- had been the victim of raids, destruction and partial dence and emphasized that their presence was not a occupation, and said that the French delegation subject for negotiation with third parties. understood and shared the feelings of bitterness and frustration expressed in the Council’s meetin b He said that, on 4 February 1982, the Ministers for many African delegations. He appealed to !Fzout Foreign Affairs of Cuba and Angola had signed a Africa to make the gestures that would permit the declaration defending the principle of sovereignty as implementation of the United Nations plan for reflected in agreements between the two countries on Namibia.B9 the basis of Article 51 of the Charter. He quoted article 9 of that declaration, which stated that the At the 2490th meetin , the President stated that Angolan and Cuban Governments would consider members of the Counci s had before them a draft commencin the implementation of a programme to resolution90 sponsored by Guyana, Jordan, Malta, withdraw Euban forces as soon as Namibia was Nicaragua, Pakistan, Togo, Zaire and Zimbabwe.9* genuinely independent and South Africa’s occupa- At the 2492nd meeting, on 28 October 1983, the tion troops were completely withdrawn. Numerous President drew the attention of the members of the atrocities committed by South Africa in the 10 Council to the revised text of the eight-Power draft months of 1983 had been carried out from the resolution.92 occupied Angolan territory. He concluded that the United Nations must assume its full responsibility in At the same meeting, the representative of Zim- preventing the outbreak of a catastrophe in southern babwe, on behalf of the sponsors, introduced revised Africa and that the only course of action that draft resolution S/16085/Rev.l and, in the course of remained, in order to compel South Africa to abide his statement, orally amended the text whereby the by international law, was the application of mandato- date “I December 1983” at the end of operative ry sanctions under Chapter VII of the Charter.*’ paragraph 9 was replaced by “3 I December 1983”; At the 2484th meeting, the representative of the and the words “not later than 31 December 1983” in United States said that the Secretary-General had operative paragra h 10 were replaced by the hrase resolved the outstanding issues, except for one that “as soon as gossi rl le followmg the Secretary-eener- stood in the way of im lementing resolution 435 al’s report”.9 (1978) namely, South A Prica’s position on the with- Atthe same meetin , the revised eight-Power draft drawal of Cuban forces from Angola. She said it was resolution (S/16085/ Rev.2) as orally amended was frustrating that an issue outside the scope of resolu- voted upon and adopted9j by 14 votes in favour, - Put II 129 none against, with 1 abstention, as resolution 539 brought about by the resistance by the United States (1983). The resolution reads as follows: and certain other Western friends of South Africa. The Security Council, Those States had once again confirmed that they Havrng consrdered the report of the Secretary-General of 29 continued to protect the racist regime against inter- August 1983, national sanctions, thereby helping Pretoria to buy Recalling General Assembly resolutions 1514 (XV) of I4 time and to obstruct Namibia’s transition to inde- December 1960 and 2145 (XXI) of 27 October 1966. pendence.93 Recalling and reaflrming its resolutions 301 (I 97 I), 385 (I 976). The representative of the United States stated that 431 (1978). 432 (1978), 435 (1978). 439 (1978) and 532 (1983), his Government fully supported the spirit of the Gravely concerned at South Africa’s continued illegal occupation of Namibia, resolution that had just been adopted. The United Gravely concerned n/so at the tension and instability prevailing States had worked hard and would continue doing so in southern Africa and the mounting threat to the security of the to overcome obstacles that stood in the way of region and its wider implications for international peace and Namibian independence. He said that there were security resulting from continued utilization of Namibia as a certain elements in the resolution that caused his springboard for attacks agamst and destabilization of African Government concern: (a) that the resolution con- States in the region, tained a number of references to previous resolutions Reo/jirming the legal responsibility of the United Nations over that had not been supported by the United States; (b) Namibia and the primary responsibility of the Security Council for that the United States had some reservations relating ensuring the implementation of its resolutions, in particular, to the language of the resolution; and (c) that the resolutions 385 (1976) and 435 (1978). which call for the holding United States regarded implicit allusion to possible of free and fair elections in the Territory under the supervision and control of the United Nations. future action under Chapter VII of the Charter as /ndiRnnnf that South Africa’s insistence on an irrelevant and premature since substantial progress had been made extraneous issue of “linkage” has obstructed the implementation rn the negotiations aimed at the implementation of of resolution 435 (1978). resolution 435 (I 978).93 I. Condemns South Africa for its continued illegal occupation of Namibia in flagrant defiance of resolutions of the General Assembly and decisions of the Security Council; 2. Further condemns South Africa for its obstruction of the implementation of Security Council resolution 435 (1978) by N OTES insisting on conditions contrary to the provisions of the United ’ s/14333. OR, 36th yr., Suppl. for Jan.-March 1981. Nations plan for the independence of Namibia; I For the purposes and background of the pre-implementation 3. Rejecfs South Africa’s insistence on linking the indepen- meeting, see s114266, OR, 35th yr., Suppl. Jbr Oct.-Dec. 1980. dence of Namibia to irrelevant and extraneous issues as incompat- 3 s/14333, pares. I9 and 21, OR, 36th yr.. Suppl. fir Jan.-March ible with resolution 435 (1978). other decisions of the Security 1981. Council and the resolutions of the General Assembly on Namibia, 4 s/14347. ibid. including General Assembly resolution I514 (XV); ‘s/14346, ibid. 4. Declares that the independence of Namibia cannot be held (2263rd mtg.. para. 4. hostage to the resolution of issues that are alien lo resolution 435 ’ Ibid. I pares. 8- 12. (1978); 8 Ibid.. paras. 20-32. 5. Reilerutes that resolution 435 (I 978), embodying the United *fbid.. psras. 50-53. Nations plan for the independence of Namibia, is the only basis lo Ibid., paras. 6048. for a peaceful settlement of the Namibian problem; I1 Similar views were expressed by the representatives of the 6. Takes note that the consultations undertaken by the Secre- , the Niger, Uganda, Ireland. Spain, France, the United tary-General pursuant to paragraph 5 of resolution 532 (1983) Kingdom and the United States (2263rd mtg.. paras. 84-182). have confirmed that all the outstanding issues relevant to resolu- -. . tion 435 (1978) have been resolved; “2263rd mtg., paras. 72-79. 7. Ajjirms that the electoral system to be used for the elections “s/14434. OR. 36th yr., Suppl. for April-June 1981. of the Constituent Assembly should be determined prior to the “For details, see chap. 111 in the present Supplement. adoption by the Council of the enabling resolution for the l’Panama. Uganda and the Soviet Union, see 2267th mtg.. implementalion of the United Nations plan; paraa. II and 12. paras. 19-24 and paras. 41-43. 8. Culls upon South Africa to co-operate with the Secretary- “France, the United Kingdom and the United States, see General forthwith and to communicate to him its choice of the 2267th mtg., paras. I5 and 16, paras. 27-29 and paras. 32-37. electoral system in order to facilitate the immediate and uncondi- “2267th mtg., para. 44. tional implementation of the United Nations plan embodied in ID For further details, see chap. III in the present Supplement. resolution 435 (1978): I* 914423. For the text of the resolutions. see GAOR, 35th sex. 9. Requesfs the Secretary-General to report to the Council on Suppl. No. 48. the implementation of this resolution as soon as possible and not ‘OSIl4333, OR, 36th yr.. Suppl. for Jan.-March 1981. later than 31 December 1983; I1 2267th mtg., para. 63. IO. Decides to remain actively seized of the matter and lo meet I1 For the consideration of the question of Southern Rhodesia as soon as possible following the Secretary-General’s report for the and the adoption of resolution 232 (1966), set Repertoire of the purpose of reviewing progress in the implementation of resolution Practice of the Security Council, Supplement 1966-1968. chap. 435 (1978) and, in the event of continued obstruction by South VIII, part II. Africa, to consider the adoption of appropriate measures under the I3 2267th mtg., paras. 67-93. Charter of the United Nations. =a Ibid., paras. 97-l 3 I. Following the vote, the representative of the Soviet 1’ Ibid., paras. 133-149. Union said that while the resolution strengthened the I6 Ibid.. paras. 187-202. role of the United Nations in the settlement of the l7 Ibid.. paras. 205-220. Namibian question, the original draft had been I* Ibid.. paras. 223-242. weakened durin the process of consultation. The “2268th mtg.. paras. 9-19. omission of a ifirect reference to sanctions‘ under y, Legal Consequences for Slates of the Continued Presence of Chapter VII of the Charter to be imposed against South Mica in Namibia (South West &Zca) notwithstanding South Africa in the event of its continued refusal to Security Council Resolution 276 (1970). Advisory Questions. I.C.J. implement the Namibian settlement plan had been Reports 1971, p. 16. 130 Chapter VIII. Maintenance of international peace and semity ‘I 2268th mtg.. paras. 21-55. 91 2490th mtg. ‘1 Ibid., paras. 57-78. 92 2492nd mtg. Revised draft resolution S/l6085/Rcv.l was )J For the consideration of the invitation to Mr. Peter Kalangula adopted as amended orallv (subsequently issued as S/l6085/Rev.2) and the others associated with his request, see chap. 111, case I. at the same meeting. See resolution 539 (1983). y 2268th mtg., paras. 81-l 10. 9J 2492nd mtg. rr 2269th mtg.. paras. 5-33. 16 Ibid.. paras. 36-52. jr For similar viewpoints, see also statements by the rcpresenta- tives of Zaire and Zimbabwe, 2269th mtg., paras. 95-l 37 and 140- 2. THE QUEsTION OF SOUTH AFRICA 148. Is 2269th mtg., paras. 56-79. Decision of 5 February 198 I (2264th meeting): Iv Ibid.. paras. 82-90. statement of the Presrdent a2270th mtg., paras. 7-26. In a letter dated 28 ,’ the represen- ‘1 Ibid.. paras. 46-67. tative of Senegal, in his capacity as Chairman of the ‘1 Ibid.. paras. 70-I 22. Group of African States at the United Nations for the ‘1 227 1st mtg., paras. 6-22. month of November, forwarded for necessary action u For the consideration of the Namibian question by the the copy of a letter of the same date addressed to him Security Council during its meetings at Addis Ababa in 1972, see from the representative of the African National Reperloire of the Practice of the Security Council. Supplement Congress of South Africa (ANC) in respect of death 1972-1974. pp. 92-101. sentences passed by the South African Supreme “2271~1 mtg., paras. 44-66. Court on three members of ANC. The representative 16 s/14457. OR, 36th yr., Suppl. for April-June 1981. of ANC had specifically requested that the Council, ” 227 1st mtg., paras. 87-94. as in a similar case on an earlier occasion, hold “Ibid.. paras. 124-131. consultations and mandate the President to use his 4q 2273rd mtg.. paras. 93-103. ood offtces to alert world opinion and to save the XLlbid.. paras. 116-142. Bives of the three ANC members2 Ir 2274th mtg., paras. 9-16. At its 2264th meeting, on 5 , the J2 Ibid.. paras. 7 I-80. Council included the letter dated 28 November 1980 “2275th mtg.. paras. 31-37. from the representative of Senegal in its agenda. w Ibid.. paras. 39-52. “2275th mtg.. paras. 66-112. As a result of consultations among members of the )6 2276th mtg., paras. 6-26. Council, the President then made the following rrSll4459, S/14460, S/14461, s/l4462 and S/14463, OR, 36th statement on behalf of the Council:) yr.. Suppl. for April-June 1981. The members of the Security Council have entrusted me to “2277th mtg., para. 5. express, on their behalf, their grave concern over the death S/l4460/Rev. I, sentences recently passed by the Transvaal Division of the sp OR, 36th yr., Suppl. for April-June 1981. Supreme Court at Pretoria on Ncimbithi Johnson Lubisi (28). “2277th mtg., para. 6. Petrus Tsepo Mashigo (20) and Naphtali Manana (24) and which 61 Ibid.. para. 24. may be considered shortly by the Appellate Division of the b2 Ibid.. para. 25. Supreme Court at Bloemfontcin. b1 Ibid.. para. 26. Having this in mind, I strongly urge that the Government of “Ibrd.. para. 27. South Africa, in order to avert further aggravating the situation in b’ibid.. para. 28. South Africa, should take into account the concerns expressed for @Ibid.. paras. 32-38. the lives of these three young men. M Ibid., paras. 39-45. MS114457. OR. 36th yr., Suppl. for April-June 1981. Decision of 27 August I98 I (2295th meeting): invita- 69 2277th mtg., paras. 53-59. tion extended to Mr. Johnstone Makatini 7o Ibid.. paras. 66-92. By letter dated 27 August I98 I ,I the representative ‘1 Ibid., paras. 94 104. of Niger, on behalf of the countries members of the I2 S/15760, OR, 38th yr., Suppl. for April-June 1983. Council belonging to the Movement of Non-Aligned ‘~Sll5761, ibid. Countries, requested a meeting of the Council at the 74SI15776, ibid. earliest possible opportunity to consider the wish I5 2439th mtg. expressed by Mr. Johnstone Makatini, representative lh St1 5287. OR, 37th yr., Suppl. for July-Sept. 1982. of ANC at the United Nations,. in his letter dated 24 ” 2440th mtg. August addressed to the President of the Council, ‘12443rd mtg. that, in accordance with the position taken by the 7q 2447th mtg. Council in previous similar cases, the President issue M 2449th mtg. a statement on behalf of the Council in connection *I S/15943, OR, 38th yr., Suppl. for July-Sept. 1983. with the death sentences passed by the Pretoria a2 s/16048, ibid., Suppl. for Oct.-Dec. 1983. Supreme Court on three members of ANC-Anthony s3S/16051. ibrd. Tsotsobe, 25, Johannes Shabangu, 26, and David “2481st mtg. Moise, 25-n I9 August I98 I, in order to save their M GAOR. 38th sex. Suppl. No. I (A/38/1), p. I. lives. rb248lst mtg. At its 2295th meeting, on 27 August l98l., the I7 2482nd mtg. Council included the letter from the representative of I8 2484th mtg. Niger on its agenda. Following the adoption of the Ip 2485th mtg. agenda, the Council decided to extend an invitation W S/16085, adopted as amended in writing (S/l6085/Rev. I) and to Mr. Makatini under rule 39 of the provisional orally at the 2492nd meeting by the representative of Zimbabwe. rules of procedure.’ See resolution 539 (1983). The changes involved minor textual changes as well as the deletion of an explicit reference lo Chapter The re resentative of Niger pointed out that the VII of the Charter from operafive paragraph IO of the draft South AP rican regime was ready to murder in the resolution. space of a few months another three ANC militants