UNITED
REPORT OF THE COMMITTEE ON SOUTH WEST AFRICA
GENERAL ASSEMBLY OFFICIAL RECORDS : EOURTEENTH SESSIOli SUPPLEMENT No. 12 (A/4!91)
NEW YORK ( 75 p.) UNITED NATIONS
REPORT OF THE COMMITTEE ON SOUTH ~lEST AFRICA
GENERAL ASSEMBLY OFFICIAL RECORDS: FOURTEENTH SESSION SUPPLEMENT No. 12 (A/4191)
New York, 1959 . I KOTE Symbols of l'nited :\atiol1s doctlments are composed of capital 1e,ters comhined with fig11r('s. ::\Icntion of stlch a symhol indicates a reference to a united :r\ations document. I l TABLE OF CONTENTS t Fa.Clf ~ Part I I I. General 0 0 0
Ho Negotiations with the Union of South Africa. 0 0 ••••• 0 •• 0 " • 0 0 ••••• 2
III. Examination of petitions and communications relating to South \Vest M' .l' flca , . 2
I A. Requests for oral hearings and related communications 0 0 •• 2
I B. Examination of petitions 0 0 •• o' •••••• 0 • 0 0 • 0 •• 0 0 •••• 0 0 •••• 0 0 •• 3 I I C. Other communications relating to South 'Vest Africa 0 0 ••••••• 0 ••• 4 "i Part n
REPORT AND OBSERVATIONS OF THE COMMITTEE ON SOUTH WEST AFRICA led REGARDING CONDITIONS IN THE TERRITORY lllS
I. Introduction 0" 0 0 • 0 ••• 0 •• 0 •• 0 •• 0 •• 0 • 0 •••••••••••• 0 •••••••••••• 4
11. General . 0 •••••••• 0 0 •• 0 • 0 •• 00••••••••••••••••••••••••••••••••• 5
A. Status of the Territory 0 •• 0 •• 0 0 •• 0••••••••••••••••••••• 5 B. Population of Slluth West Africa. .. 8
HI. Political conditions . 0 0 •• 0 0 0 • 0 0 0 0 ••••••••••••••••••••••••••••••• 9
A. General 0 •••••••••••••••••••••••••••••• 9
B. Suffrage and the Windhoek by-election 0 •••••••••••••••••• 9 C. Administrative policy and methods; application of cpartheid . 10
D. Defence 0 ••••• 0 •••••••• 0 •••••••••••••••••••••••••••••••••• 12
E. Arms and ammunition ..... 0 •••••••••••••••••••••••••••••••• 13
IV. Economic conditions .. 0 •• 0 ••••••••••••••••••••••••••••• 0 • • • • • • • • 13 A. General 13
B. Public finance 0 0 ••••• 0•••••••••••••••••••••••••••••••••• 13
C. Mining 0 ••• 0 • • •• ••••••••••••••••••••••••••• 15
D. Agricultural and pastoral production 0•••••••••••••••••••••••••• 15
E. Fisheries 0••••••••••••••••••••••••••••••••••••••••• 16
F. Land allocation and alienation .... 0 •••••••••••••••• 0•••••••••• 17
V. Social conditions 0•••••••••••••••••••••••••••• 21
A. General o. • 0 0 ••• 0 •• 0•0••••••••••••••••••••••••••••••• 21
B. Labour 0 •••• 0 0 •••• 0•••••••••••••••••••••••••••••••••• 21 C. Freedom of movement...... 24 D. Public health ...... 25 iii Page E. "~ative" and low-income housing in urban areas. 27 F. Alcohol and spirit~ 28 G. Freedom of religion. 28
VI. Educational conditions 29
VII. Concluding remarks 32
ANNEXES
I. Correspondence with the Government of the Union of South Africa. ... 34 1. Letter dated 6 Februarv 1959 from the Chairman of the Committee on South West Africa' to the Minister of External Affairs of the Union of South Africa...... 34 2. Letter dated 1 May 1959 from the Chairman of the Committee on South \Vest Africa to the Minister of External Affairs of the Union of South Africa...... 34 3. Letter dated 15 June 1959 from the Permanent Representative of the Unko-: of South Africa to the United Nations. addressed to the Chair- man of the Committee on South West Africa...... 34
n. Draft resolution concerning petitions and related communications concern- ing conditions in South West Africa , 34
Ill. Draft resolution concerning the Hoachanas Native Reserve...... 35
IV. Draft resolution concerning the withdrawal of a passport from Mr. Han:; Johannes Bcukes 36
V. Oral hearing of Mr. Fanuel Jariretundu Kozonguizi...... 36 1. Request by Mr. Fanuel Jariretundu Kozonguizi, Accra, Ghana, for an oral hearing before the Committee on South West Africa...... 36 2. Communication dated 13 April 1959 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa...... 36 3. Communication dated 21 April 1959 from Chief Hosea Kut~ko, \Vindhoek, to the Chainnan of the Committee on South West Africa 37 4. Oral petition submitted by Mr. Fanuel Jariretundu Kozonguizi at the 102nd meeting of the Committee on South \Vest Africa on 1 May 1959 . ~ ..... 37 S. Communications from Mr. Jariretundu Kozonguizi, London, relating to a further oral hearing before the Committee on South West Africa 41 6. Communication dated 25 May 1959 from Mr. J. Dausab and others, Hoachanas Native Reserve, to the Secretary-General...... 41
VI. Communications relating to a request for an oral hearing by Mr. Hans Johannes Beukes before the Committee on South West Africa...... 42 1. Radiogram received on 15 July 1959 from Mr. Beukes, Serowe, Bechuanaland, to the Committee on South West Africa...... 42 2. Telegram received on 21 July 1959 from the Reverend Michael Scott, London, to the Chainnan of the Committee on South West Africa...... 42 3. Radiogram received on 31 Ju~y 1959 from Mr. Beukes, Serowe, r .. Bechuanaland, to the Committee on South West Africa : ',0.' '. •••• 42 iv Page Page 27 VII. I Communication dated 17 March 1959 from Mr. M. Kerina (Getzen), \ New York, to the Secretary of the Committee on South West Africa 28 relating ( to oral hearings before the Fourth Committee 42 28 VIII. Petition dated 29 Apri11959 from Chief Hosed. Kutako, Windhoek, South \;Vest Africa, to the Chairman 29 of the Committee on South \Vest Africa. . 43 IX. Petition dated 4 May 1959 from the Reverend Michael Scott, The Africa 32 Bureau, \ London, to the Chairman of the Committee on South West Africa 43 X. t Petition dated 24 July 1959 from the Reverend Michael Scott and Mr. Jariretundu Kozonguizi, London, to the Chairman of the Committee on South West Africa 43 34 XI. Petition dated 24 September 1958 from Chief Samuel Wittbooi, Chief Hosea lmittee Kutako and others. Windhoek. to the Secretary-General...... 44 of the XII. Petition 34 dated 14 October 1958 from Capt. H. S. Witbooi, Gibeon, to the Chairman and tee on members of the General Assembly...... 45 Union \ xnI. 34 Petition, by radiogranl received on 30 January 1959, from Chief Hosea Kutako, I South West Africa...... 45 of the Chair- XIV. r Petition, by cablegran1 received on 17 February 1959, from the Reverend 34 Michael Scott, London...... 46 XV. ncern- Petition dated 18 February 1959 from the Reverend Michael Scott, The 34 Africa Bureau, London, to the Chairman of the Committee on South West Africa ...... 46 35 XVI. Petition dated 18 February 1959 from Mr. J. Dausab and others, Hoachanas Native Han3 Reserve, to the Secretary-General...... 46 36 XVII. Petition dated 1 April 1959 from the Reverend Michae1 Scott, The Africa Bureau, London, to the Chairman of the Committee on South 36 West Africa...... 47 la, for XVIII. 36 Petition dated 25 February 1959 from the Reverend Markus Kooper, r Keetmanshoop, to the United Nations Hchae1 , . 47 mittee XIX. Petition dated 23 April 1959 from Chief Hosea Kutako, Windhoek, to 36 [ the Chairman of the Committee on South West Africa . 49 ~ut:>.ko, 1 XX. Africa 37 Petition dated 29 April 1959 from the Reverend Markus Kooper, Wind- hoek, to the Chairman of the Committee on South at the West Africa . 51 1 May XXI. Petition dated 25 May 1959 from Mr. J. Dausab and others, Hoachanas 37 Native Reserve , . 52 elating Africa 41 XXII. Petition dated 9 November 1958 and related communications 20 dated others, February and 27 April 1959 from Chief P. Keharanyo, Bechuanaland, to the Secretary 41 of the Committee on South West Africa . 55 1. Petition dated 9 November 1958 . 55 Hans 2. Communication dated 20 42 February 1959 . 55 3. Communication dated 27 Apri11959 .erowe, . 55 42 XXIII. Petition dated 30 December 1958 from Mr. Toivo Ja-Toivo and Mr. F. Hchae1 Isaacs to the Secretary of the Committee on South West Africa, and communications West relating to Mr. Ja-Toivo . 56 42 1. Petition dated 30 December 1958 from Mr. Toivo Ja-Toivo and Mr. F. Isaacs erowe, . 56
,' 2. Communications ..... 42 relating to Mr. Toivo Ja-Toivo . 58 v Page XXIV. Petition dated 4 August 1958 from l\:Ir. J. Beukes, Rehoboth Community, to the United Nations...... 60
XXV. Petition dated 17 August 1958 from Mr. ]acobus Beukes, Rehoboth Community, to the United Nations...... 60
XXVI. Petition dated $0 September 1958 from Messrs. ]. G. A. Diergaardt, J. H. Mall, P. Diergaardt and forty-five others, Rehoboth Community, to the United Nations...... 60
XXVII. Petitions. by radiograms received on 16 December 1958, 26 January 1959 and 29 March 1959, and related communication dated 7 May 1959 from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations. .... 62 1. Petition, by radiogram received on 16 December 1958...... 62 2. Petition, by radiogram received on 26 ] anuary 1959...... 62 3. Petition, by radiogram received on 29 March 1959...... 62 4. Communication dated 7 May 1959...... 62
XXVIII. Petition dated 11 April 1959 and related communication dated 5 May 1959 from Mr. Jacobt1s Beukes to the United Nations .. "...... 62 1. Petition dated 11 April 1959...... 62 2. Communication dated 5 May 1959...... 63
XXIX. Petition, by radiogram received on 27 June 1959, from Mr. Neville Rubin, President, National Union of South African Students, Cape Town, to the Secretary-General 64
XXX. Petition dated 26 June 1959 from Mr. Neville Rubin, President, National Union of South African Students, Cape Town, to the Secretary-General 64
XXXI. Petition dated 29 June 1959 from Mr. Hans J. Beukes, Cape Town, to the Chairman of the General Assembly...... 65
XXXII. Petition, by cablegram received on 14 August 1959, from the Tenth International Student Seminar of the International Students Conference, Wessenaar, Netherlands, to the Committee on South \Vest Africa...... 67
XXXIII. Communication dated 2 October 1958 from Mr. Jacobus Beukes, Reho- both Community, South West Africa, to the United Nations...... 67
XXXIV. Communication dated 9 November 1958 from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations...... 67
XXXV. Communication dated 14 October 1958 from Mr. R. K. Lloyd, Lusaka, Northern Rhodesia, to the United Nations...... 68
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Page ltmity, 60 lOboth 60 PART I ;aardt, lUnity, I. GENERAL 60 1. By resolution 749 A (VIII) of 28 November stan, and the United States of America. The following , 1959 l 1953, the General Assembly established, "until such States were elected: Guatemala, Ireland and the >fro111 time as an agreement is reached between the United Philippines. 62 Nations and the Union of South Africa", a Committe~ 4. The composition of the Committee during its on South \Vest Africa, and requested this O"'mmittee sixth session was accordingly as follows: Brazil, Ethio 62 to: pia. Finland, Guatemala, Indonesia. Ireland, Philippines, 62 " (a) Examine, within the scope of the Question United Arab Republic and Uruguay. The following l naire adopted by the Permanent Mandates Commis representatives served during the session: 62 l sion of the League of Nations in 1926, such informa Bradl: Mr. CarIos S. GOl~1es Pereira 62 tion and documentation as may be available in respect Ethiopia: Mr. Haddis Alemayehou, Mr. Tesfaye of the Territory of South West Africa; Gebre-Egzy, Mr. Girma Abebe ; May "( b) Examine, as far as possible in accordance Finland: J\1r. Ralph EnckeIl, Mr. Henrik BIomstedt with the procedure of the forn1er Mandates System, 62 Guatemala.: Mr. Alberto Herrarte. Mr. MaximiIiano reports and petitions ,vhich may be submitted to the Kestler 62 Committee or to the Secretary-General; Indonesia: Mr. Imam Abikusno 63 " (c) Transmit to the General Assembly a report concerning conditions in the Territory taking into Ireland: Mr. Eamonn L. Kennec!y, 1Ir. Paul J. G. account, as far as possible, the scope of the reports of Keating Rubin, the Permanent Mandates Commission of the League Philippines: Mr. Victoria D. Carpio "m, to of Nations; United Arab Republic: Mr. Ahmed Osman, Mr. 64 "(d) Prepare, for the consideration of the General Mostafa Rateb Abdel VIahab Assembly, a procedure for the examination of reports Urugua0,': Mr. Enrique Rodriguez Fabregat 1tional and petitions ,vhich should conform as far as possible ~eneral 64 5. At its 97th meeting on 22 January 1959, the first to the procedure followed in this respect by the As meeting of the sixth session, the Committee re-elected sembly, the Council and the Permanent Mandates Mr. Enrique Rodriguez Fabregat as its Chairman, and Town, Commission of the League of Nations." elected Mr. Haddis Aleniayehou as its Vice-Chairman 65 Furthermore, the resolution authorized the Committee and Mr. Eamonn L. Kennedy as its Rapporteur. to continue negotiatiom with the Union of South Africa, 6. Between 22 January and 24 August 1959, the Tenth in order to implement fully the advisory opinion of the Committee held twenty-three meetings. The Committee :rence, International Court of Justice of 11 July 1958 regarding met in closed session during the first part 0f its 98th 67 the question of South West Africa, and requested the and the second part of its 102nd meetings, in order to Committee to submit reports on its activities to the draw up the texts of two letters (annex I) from the Reho- General Assembly at its regular sessions. Chairman of the Committee to the Minister of External 67 r 2. Since the time of its establishment the Committee Affairs of the Union of South Africa (see paras. 22 and has held annual sessions, the sixth of which is the sub 29 beIo,v). At its 120th meeting on 24 August it adopted l leukes, j ect of the present report. the present report to the General Assembly. 67 3. As originally established, the Committee con 7. The report and observations of the Committee sisted of seven members. By resolution 1061 (XI) of regarding conditions in South 'Vest Africa form part II .usaka, 26 February 1957, the General Assembly, considering of this report. 68 that the continuing absence of an agreement between the 8. At its 97th meeting, the Committee on South United Nations and the Union of South Africa required West Africa decided to undertake further studies of that the Committee should remain in existence for the legal action to ensure the fulfilment of the obligations purposes set forth in resolution 749 A (VIII), decided assumed by the Union of South Africa in respect of that the composition of the Committee should be in the Territory of South \Vest Africa. At the same meet creased to nine members appointed by the Assembly on ing, the Committee established a Sub-Committee on Le the recommendation of the Fourth Committee, and that gal Questions consisting of the Chairman of the Com one-third of the membership should be renewed by the mittee, ex officio, and the representatives of Finland. same procedure annually. On 13 December 1958, the Guatemala, Ireland, and the Philippines to carry out Assembly, on the recommendation of the Fourth Com this task. The Sub-Committee held seven meetings, on mittee, elected three members to replace Mexico, Pald- 27 January, 29 April, 14 May, 19 and 30 June and 17 July 1959, under the Chairmanship of the represen 1 For the reports of the Committee on the work of its first, tative of the Philippines, and submitted a report to the second, third, fourth and fifth sessions, see Official Records of Committee. At its 120th meeting, the Committee de thll General Asse11lblj', Ninth Session, Supplement No. 14 (A/266ft and Add.l and Corr.l); Tenth Session, Supplement cided to take note of the report of its Sub-Committee No. 12 (A/2913 and Add.I-2); Eleventh Sessio1l, Supplement and to bring it to the attention of the General Assem No. 12 (A/31S1); Twelfth Sessiol~, Supplement No. 12 (A/ bly.2 It also decided to keep the matter of legal action 3626); Thirteenth Session, Sltpplent-e11t Na. 12 (A/3906 and Add.l). 2 AjAC.73/2. 1 l1nder revil'w pending further instructions from the of the Territory ami in regard to the supen'i~ion and Committee l..;cll,'r:ll .\~~t'm1.>lv. In atlJition, in vie\. of the situation control of the l~l'l1eral .\sscmbly. the Committee feels Assemhly ( cru,cJ hv the cominncd iailure of the Gowrnment of hunml to draw tht' attentioll of the General Assemblv to tilt' l'lli";l t:f ~Olllh ~\irica to ilay due rcganl to the its conchlSit1n Colltailletl in the la~t part of paragraph'233 1 ita...lla:iullal statl1S of the Territory or to c0111ply with of this rcport to thc effect l11at the l..;t'neral :\";~l'mhly li. In \ the rt'peatctl recommendations of the Ceneral :\ssembly ~h0l1l(1 consit1l'r means of ensuring the fullilment by the on the part th:1t the Territory be placetl un 3 By, this communication, Mr. ~cott transmitted to the Mr. R. K. Llo'yd, Northern Rhodesia Committee, a~ the request o~ Chief Hosea Kutako, the pro 27. The Committee decided at its 97th meeting to posed regu!att0!1s for the Wllldhoek Native location, compris mg 196 regulattons and five schedules. The communication and refer this communication, which raised questions out proposed regulations have accordingly not been annexed to the side of its terms of reference, to the General Assembly, present report but are available upon request to Members of the and to notify Mr. Lloyd of this decision (annex General Assembly, XXXV). PART II REPORT AND OBSERVATIONS OF THE COMMITTEE ON SOUTH WEST AFRICA REGARDING CONDITIONS IN THE TERRITORY I. INTRODUCTION 28" TI;e Committee on South West Africa is under stand111g 111structions, according to the terms of ref 29..At its ?7th meeting on 22 January 1959, the erence set forth in General Assembly resolution 749 A Committee deCided once more to request the Union (VI~I), to .transmit to ~he Assel;1bly a report concerning Governm.ent to render an annual report in reference to th~ Terntory as provided by General Assembly reso condltlo.ns 111 the Terntory takl11g into account, as far as pOSSible, the ~cope of the reports of the Permanent lutions 749 A (VIII), 851 (IX) and 941 (X), and COIU1111~slOn b~ rules I and 2 of the rules of procedure of the Com Mand.ates of the League of Nations. For !ett~r the sl::,th succe~slve year, the Committee has carried mittee.. By of 6 February 1959, the Committee ac.cordmgly I11vlt,ed the Union Government to co-operate out thiS task Without the assistance or co-operation of th~ the Go~ernn:ent of the Union of South Africa, which With Committee and to render such a report (an ag~111 nex I, Item 1). In reply, by letter of 15 June 1959, has. failed to carry out or even to recognize its ~; Re~resentative ?bhg~tlOn to report to the United Nations on its admin .Permanent of the Union of South IstratlOn of the Mandated Territory. .n~a to the U11Ited Nations, by direction of the Ml11lster of External Affairs, indicated that the attitude 4 of the Union Government concerning the submission of ti~ners and other critics of the administration, and in annual reports on South West Africa remained un frmg~ments of. ~reedom of the Press and of the free changed (annex I, item 3). exercise of rehglOn. In succeeding sections of this re 30. At its 97th meeting, the Committee also re port, the Committee has given an account of these and quested the Secretary-General to submit to it all avail other deyelopments i~l South West Africa and has re able recent information relating to South West Africa, cor?ed Its observations and conclusions concerning pursuant to rule XXII of the Committee's rules of vanoys aspects of the administration of the Mandated procedure, if no report on the administration of the Terntory. Territory had been received from the Union Govern 3.3. It may again be noted that, throughout the text ment by 20 May 1959. The Committee draws the atten of Its report, the Committee has used such terms as ~ion of the General Assembly to the document4 accord ::Eur?p~~~", "Non~European", "Coloured" person and I1lg1~ prepa:ed. by the Secretary-General, mainly from ~ atlve 111 ql~ota~lOn marks. As explained in its pre offiCial publIcations of the Union of South Africa and VIOUS reports, It dIsapproves of the use of such terms the Territory of South West Africa. and has used them only because they are employed in 31. At its 105th to 118th meetings, from 27 July the laws. an? other t.e~ts o~ the Mandatory Power and to 11 August 1959, the Committee examined conditions th~ t.ernton~l AdmullStratlOn as a means of distill in South West Africa. It drew up the present report to gUlshl~g vanous. sections of the population, and repre the General Assembly on the basis of the official infor sent differences 111 the legal as well as in the economic mation ~nd documentation made available to it by the and social status of the inhabitants. Statutory definitions ~ecret~nat, and other relevant information, including, of these terms are not uniform, varying with different 111 particular, petitions and communications from inhabi laws. Generally, the term "European" denotes a tants of South West Africa and other sources and re- :'White" person in the law.s of tl;~ Territo~y, although ports in the territorial Press. ' 111 the Rehoboth Commu11lty, a Coloured' person is 32. From its examination of the information at its for some purposes deemed to be a "European" in rela disposal, .the Committee has become increasingly dis tion to "Natives". The term "Non-European" gerterally turbed With regard to recent developments in South refers to all persons not classed as "Europeans" and West Africa. During 1958 and early 1959 the admin includes both "Natives" and "Coloured" persons: The istration of the Territory has been characterized by a ~erm "Coloured" person is generally defined as mean reaffirmation and re-emphasis of apartheid and "White mg any person of mixed "European" and "Native" or supremacy", by plans for mass removals of "Native" "Coloured" descent. The teml "Native" is in some in inhabitants associated with the possible partitioning of stances defined as a person belonging to "an aboriginal the Territory and with the progressive physical transfer race or tribe" of Africa, in others as a person one of of the Territory to "European" citizens of the Union whose parents belongs to such a race or tribe. For the of South Africa, and by restatements of the aim of the purposes of certain laws governing "Native" admin Government in power to secure the eventual annexation istration in "Native" areas, the term "Natives" also of the Territory by the Union of South Africa. At the includes any "Coloured" person living in those areas same time, there have been new defence and security who may at the same time be classed as a "Coloured" measures, increasing evidence of reprisals against peti- person for. the purposes of other laws, including, for example, mcome tax legislation not applicable to 4. AIAc.73/L.l3. "Natives". n. GENERAL A. STATUS OF THE TERRITORY a.s well as the obligation to transmit reports and peti· tlOns and to submit to the supervision of the General 34. The Committee finds it necessary at this time to Assembly. recall the status of the Territory in international law in view of the continued refusal of the Union of South 36. The International Court reiterated in 1956 that Africa to respect the General Assembly resolutions "the obligations of the Mandatory continue unimpaired recommending, inter alia, the placing of the Mandated with this difference, that the supervisory functions exer Territory under the International Trusteeship System, cised by the Council of the League of Nations are now to abide by the advisory opinion of the International to be exercised by the United Nations". The Court fur ~ourt o~ Justi~e of 11 July 1950, to submit reports on ther explained; I!S adml11lstratlOn of the Territory to the United Na "The general purport and meaning of the opinion tions or even to recognize the supervisory functions of of the Court of 11 July 1950 is that the paramount the general Assembly, and in view of the grave reper purpose underlying the taking over by the General cussIOns of such refusal on the peoples of the Territory. Assembly of the United Nations of the supervisory 35. The status of South West Africa in interna functions in respect of the Mandate for South West tional law is that of a Territory under the international Africa formerly exercised by the Council of the Mandate assumed by the Union of South Africa on 17 League of Nations was to safeguard the sacred trust December 1920, and the Union of South Africa is not of civilization through the maintenance of effective competent to change the Mandate status without the international supervision of the administration of the consent of the United Nations. As stated by the Inter Mandated Territory."5 national Court of Justice and confirmed by the General 37. In its advisory opinion in 1956, the Interna Assembly, the Union of South Africa therefore con tional Court also recalled that, in its 1950 opinion in tinues to have the obligations stated in Article 22 of the Covenant of the League of Nations and in the Mandate, 5leI Reports, 1956, pp. 27-28. 5 discussing the effect of Article 80 (1) of the Char~er, tegral part of the Union. The position in local law may preserving t1~e rights of States ~nd peoples unde: ~;:ISt be indicated by the fact that the High Court of South ing internatIOnal agreements, I.t had obse:ved.. The West Africa in 1948 recognized the status of the Terri purpose must have been to provIde a real pt otectlOn for tory as a Mandate after the demise of the League. those rights; but no such nghts of the peoples coul.d. be Moreover, the Treaty of Peace and South \Vest Africa effectively safeguarded without international supervIsIon Mandate Act, 1919, the Union law confirming the and a duty to render reports to a supervIsory• organ."0 Mandate, remains in force in the Union and South \Vest I Africa.ll I 38. Statements made during 1958 by officials of the i Union Government, representatives in P~r.liament from 42. A more complete understanding of the divergent South West Africa, the Press and petitiOners reflect attitudes prevalent in the Territory with regard to the i uncertainty and insecuritJ:' regarding the ~resent and present and future status of the Territory may be de future status of the Terntory. Representatives of the rived from a review of the statements made during 1958 "European" population of the Territory al?pear to be and 1959 by members of the Government and represen 1 united in their opposition to United Nations super tatives of various sections of the population with respect vision, while representatives of "Non-.European" ~roups to the possible integration of the Territory into the appear to fear the uncontrolled exercIse o~ auth~nty by Union and the possibility of partitioning the Territory. the Union Government, and express theIr desIre that 43. As in previous years, members of the Union the Territory be placed under the International Trustee Parliament from South West Africa continued to ask ship System. for the integration of the Territory into the Union of 39. The position of the Nationalist Party in power South Africa, this being the aim of the Nationalist in the Union and South West Africa, a position shared Party in power. A member of this Party, Senator H. J. by the Opposition Party in the Union. but not by the Steyn, supported this request by stating: Opposition Party in South West Afnca,7 was stated "South West Africa, seen from a historical point as fo\lows by the Minister of External Affairs on 18 of view, belongs to the Union; we have practically August 1958: the same history, geographically we are the same, "In regard to the juridical position, as the Hon. neither the Orange River nor the Kalahari forms any Member has correctly put it in his speech, our atti real boundary between the two territories. In the tude is the same as that of the previous Government economic sphere we are completely bound up with the and which has consistently been adopted by South Union; ethnologically we are the same races, we are Africa, namely, that the Mandate under the League the same Germans, Englishmen, South Africans and of Nations has lapsed, and that the United Nations Jews which you find in the Union. The Bantu races is not the heir either to the rights or obligations of are also practically the same as those in the Union, the old League."B and ideologically we are also the same. We have the 40. In refusing to recognize the supervisory author same ideas on religion, language and culture, also ity of the United Nations over the Territory of South strategically South West Africa belongs to the Union, West Africa, the Union Government has not invoked and South West Africa cannot be excluded from the the provisions of Article 2, paragraph 7, of the Charter. system of defence of South Africa. We cannot remain In this connexion, the Minister of External Affairs neutral in event of war. For all these reasons, we say explained: that there is only one thing for us to do, and that is "We have never yet relied-either in the time of unification with the Union." the United Party Government or in the time of the 44. Senator Steyn also claimed that 90 per cent of present Government---on Article 2 (7) -in dealing the German population endorsed the policy of the Na 'with the South West Africa issue. That is an entirely tionalist Party, including unification with the Union. different issue."O 45. Dr. Steyn, like other representatives of the "Eu 41. Although representatives of the Union Govern ropean" population of South ""'lest Africa, made it clear, ment in the Union Parliament and in the United Na however, that South West Africa, as a fifth province of tions have often referred to the "consistent" attitude the Union, should still be allowed to retain control over ., taken by the Government in regard to the status of its own finances, inciuding taxation at a lower rate than 1 South West Africa, the Committ'ee recalls that, in the in the Union.12 Another member of Parliament from United Nations, it was not until 1948 that representa South West Africa, Mr. J. P. du Plessis Basson, made tives of the Union Government adopted the attitude fu~ther reservations, stating that the "European" popu t~lat t!le Mandate had lapsed, after the Trusteeship latIon of South vVest Africa "favour a higher constitu CounCIl had made an examination of conditions in the tional unity with the Union hut no enforced uniformity Territory. In 1947, more than a year after the demise ,;,ith any of the Union Provinces in educational pra~ of the Leagu e of Nations, the Government continued tlces, language policies, liquor and hotel laws and in to refer in the United Nations to the "existiuO" Man many other major ancl minor matters affecting our way date",lo As late as 1954, the present Prime Minister of life in the Territory".13 The Union Minister of Fi then. Minister of Native Affairs, stated in the Unio~ nance, however, stated that when the Territory becomes Parliament that the Territory remained a "C" Mandate a part of the Union, the "comparisons which are drawn ~n~erpreted hut the Mandate as requiring the Union to between the Union and South West Africa ought then adnl1l11ster all of the affairs of the Territory as an in- to become a thing of the past"Y o Ibid', 46. The position of the United National South 'Vest 7 See para. 46. Party (UNSWP), the Opposition Party in the Terri- B Union of SO/llh Africa, Hallsard, 18 August 1958, No. 7, 11 See A/AC.73/L.7, question 2, paras. 24-25; A/AC.73/L.l2, cols. 2369-70. para. 17. °Ibid., col. 2366. 12 Senate Debates, 23 September 1958, cols. 1826-32. R~cords ,10 Official of the General Assembly, Secolld Session, 13 The WindllOe/~ Advertiser, 24 March 1959. Fourth Commtttee Summary Records, annex 3 a (A/334). 14 Senate Debates, 23 September 1958, cols. 1914-15. 6 tory, is that the Mandate remains in force even though number of Natives who will have to be moved is it does not recognize the right of the United Nations approximately 40,000, consisting of 30,000 Hereros to supervise the administration. It recognizes United and approximately 10,000 Damaras ... At the mo Nations authority over the Territory to the extent of ment South West Africa is virtually cut up into nine desiring the Organization to terminate the Mandate and different reserves, and if we could remove those re recognize the independence of the Territory. Die serves, and gather the Natives together in one lo Suidwes-Afrilwner, considered the organ of the cality, unity could be brought about. The Europeans UNSWP, expressed the attitude of that Party towards would also not suffer damage through this because no United Nations supervision and towards the integration Europeans live in those territories to which the Na of the Territory in an editorial opposing the partitioning tives will be removed. These territories have not been of South West Africa. developed. They are of great importance, great irri It stated: gation schemes could be constructed there. The Oka F~iver "The crown of South West, the future food-barn vango Eiver has more water than the Orange of the land in the north, as well as our labour and the Vaal River together. It has water throughout fountain, must be cut off and be placed under a body the year. Much can therefore be done by irrigation. which was described by the Nationalists themselves As regards South West Africa itself, I believe that as a body where the non-whites are dominant and its status would not undergo much change through this, because the control of the Native areas are under whose policy would enforce equality between blacks the Union."lo and whites as well as total equality of political rights for all living creatures. This organization, which was 49. This may be compared with the following state used to win elections for the Nationalist Party, and ment later made by the Minister of External Affairs in is often presented as the greatest bogey (vermin), the Fourth Committee on 29 September 1958: will now be allowed within the borders of South West ." ... It is a big question, it is a matter which would Africa. require very thorough investigation as to all sorts of "South West is a unit and it is unthinkable that the aspects of the matter, and therefore all that the Com territory might be partitioned for the reasons outlined mittee could do at this stage would be to invite, say, above and that we should lose all our sovereignty over the Union Government to make that investigation, to a large part of the territory. The plan for the Union see whether the proposition is a feasible one, namely, to absorb the southern portion where the whites are to have in the northern part of the Territory, which concentrated, is unacceptable for anyone who has incidentally is far away the best as regards rainfall, ~~ chosen to make a home in South West. Not only will type of country which at present is very sparsely the heavier taxation of the Union apply to the inhabi populated, to move to that part of the Territory the J tants of South West, but we will lose the advantage four or five other reserves which are now scattered of using our own revenue in South West and we will in the rest of the Territory. That in short is the idea, 1 be incorporated into the more developed parts of the but obviously a matter of that kind has to be most I Union. A forgotten Cinderella and merely a handy carefully investigated. Obviously the wishes of both projection of the hinterland of the Union."15 sections of the population would have to be consid 47. While the Opposition Party in the Territory, ered and that would take time."l1 which had not been consulted in the matter, objected to 50. :rvfany inferences may be drawn from these brief I the partitioning of the Territory, leaders of the Na descriptions of the proposal. The Committee wonders, J tionalist Party fro111 South Vvest Africa gave the plan for example, whether it may have been linked 'with the their support. Dr. Steyn, who, together with other Bantustan programme of the Union Government an ( members of the Union Parliament from South West nounced early in 1959, for criticism of which one of the Africa, the Administrator and members of the Execu members of Parliament fro111 South West Africa, I tive Committee of the Territory, had been frequently Mr. ]. P. clu Plessis Basso11, ,vas expelled from the consulted on the subject by the Minister of External Nationalist Party caucus by unanimous decision. It 1 Affairs, found it necessary to point out, however, that would in any case be difficult, on the basis of the infor since the Union Government rather than South West mation available, to identify the sparsely popUlated re 1 Africa already had control of the /INative" areas the gions referred to by the Minister of External Affairs, status of the Territory would not be appreciably altered or to assess the extent of the removals contemplated if the plan were implemented. apart from the proposed removal of 40,000 Hereros I 48. The Committee cannot fail to draw the attention and Damaras from their lands in the Police Zone. 1 of the General Assembly to the implications of the par However, from this and from other recent developments tition plan under consideration by the Union Govern reported in succeeding sections of this report, the ment, as described by Dr. Steyn on 23 September 1958, Committee cannot but be greatly concerned with the I following his discussions with the Minister of External preoccupation of the Mandatory Power with schemes Affairs: involving the removal of "Non-European" inhabitants ". .. that the Natives be removed to a territory of the Territory, either within the Territory or eyen r east of Ovamboland to the Indian Ocean, and one in to the Union of South Africa, obviously to make room the west with the Okavango River as boundary. In for the gradual expansion of "European" settlement of I this territory there are no Europeans, and at present the Territory and in effect transferring the greater there are in this Native area approximately 5,000 part of it to "Europeans" who are South African r Natives. This is a territory in area greater than the citizens. reserves which the Natives in South West Africa 51. The attitude of the Government towards con inhabit at present. The Okavango River also affords sulting the inhabitants of South West Africa in con better opportunity for irrigation. I30rdering on these nexion with the future of the Territory was also re- areas there are already 250,000 Ovambos and the 16 Sena,te Debates, 1958, cols. 1835-37. 15 Die Suidwes-A!l'ikaner, 9 September 1958. 17 A/C.4/PV.745, p. 15. 7 vealed during the discussions in the Union Parliament that the "Government of the Union of South Africa does in 1958. The Prime Minister acknowledged that the not recognize the authority of, the United Nations on Union Government would "most certainly have to c~n any matter concerning South West Africa"..21 suit fully the White inhabitants of South West Afnca 54. In contrast to the attitudes expressed during itself" but indicated that the Government would con 1958 and early 1959 by representatives of the Govern sider in due course whether it would be desirable and ment and of various groups of the "European" popu necessary at a later stage to consult the "Non-~uro lation, all of the "Non-Europeans" in the Territory who pean" inhabitants of the Territory. The above-m.entlO11ed have petitioned the United Nations on the subject have member of Parliament from South West Afnca, Mr. continued to appeal to the United Nations to place the J. D. du Plessis Basson, also considered that it "goes Territory under the International Trusteeship System. without saying" that the "Europeans" would be con Herero, Nan1a, Ovambo and Rehoboth Community pe sulted in regard to any decision taken on the future titioners have also asked that the administration of status of the Territory. Concerning the consultation of the Territory should no longer be entrusted to the "Native" inhabitants of the Territory, he said: Union Government.22 Recognition of this attitude of "Our difficulty in that connection unfortunately is the "Non-European" population of the Territory was this: UNO does not want to accept our form of c.on also implied by a member of the Union Parliament from sultation (as in 1946) 18 and one can hardly think of South West Africa, Mr. P. S. Van der Merwe. Speak another form of consultation that would be practical ing against the position taken by the Opposition Party in the circumstances of the Natives in South West. in South West Africa, he said: But even at this stage I can give this assurance to the "UNO knows that the United Party in South Hon. the Leader of the Opposition that both the Ad West advocates this policy of independence, and it is ministration of South West and the Department of this which has made UNO persist in its attitude Native Affairs are maintaining the closest contact towards South Africa ... In other words they say with the wishes of the Natives of South West, and it it is not only the Hereros, the Damaras and those simply does not happen that Natives are removed or people who do not want to have anything to do with "l that any change is brought about in the existing the Union, but there are many Whites in South West J rights of the Natives in South West without the who do not want to have anything to do with the ~ fullest consultation and, in the majority of cases, the Union as welL" Cl approval of the Natives concerned."lO 52. Early in March 1959, the Minister of External B. POPULATION OF SOUTH \VEST AFRICA l Affairs visited the Territory to inform the Legislative Assembly of what had taken place in regard to the 55. As of mid-year 1958, the population of the •i)~ South West Africa issue in the United Nations. Ac Territory was officially estimated to total 539,000 per sons, including 452,000 "Natives", 66,000 "Europeans", J cording to his subsequent Press interview, as reported 'ij by the Government Information Service, the Minister and 21,000 "Coloured" persons. According to the latest informed the Legislative Assembly that an investigation census in the Territory, taken in 1951, the population of the possibility of partitioning South West Africa numbered 434,081, of whom 366,885 were "Natives", n( never became necessary because the scheme was "killed 49,930 were "Europeans", 17,262 were "Coloured" ti' at the United Nations". Another purpose of his visit persons and four were "Asians". Since the census was n was to see if it was not possible for the two political taken only in the Police Zone, the figures given for G parties in the Territory to present a united front on "Natives" include estimates of those living outside of 111 constitutional and international matters. Following the that area. The Police Zone population, according to the hi Minister's address to the Legislative Assembly, an offer census, numbered 206,331, of whom 49,930 were "Eu Jj tb of a united front and co-operation in regard to the ropeans" and 156,401 were "Non-Europeans". C( C( South West Africa issue and the United Nations was 56. Of the "European" population, less than half made by the leader of the Opposition Party. The leader ti' (22,318) were born in the Territory; of the balance ~ n of the Nationalist Party in the Territory was reported (27,612), about half were born in the Union (18,700) ar as agreeing that the two parties "could not, in today's and the next largest group was born in Germany "'1 tu world, differ on two vital matters-the constitutional (5,855). A total of 45,439 were South African citizens. and international question and the question of Non Of the total "European" population, 28,774 lived in CC Whites".20 urban areas, and the rest in rural areas stretching from 53. The Government's attitude towards its mandate the southern boundary of the Territory to the border of til was later reflected in statements by the Chief Native the northern "Native" reserves. Classified by their to Commissioner of South 'vVest Africa, a "European" mother tongue, 33,091 of the "Europeans" were Afri th official of the Union Government who, according to a kaan~-speaking, 11,931 German-speaking, and 4,158 ~ 1.) I petition from Chief Hosea Kutako, informed the Here Enghsh-speaking. H1' ros at a meeting held on 17 March 1959 that the League Oll of Nations had decided that South West Africa should 57. Of the 156,401 "Non-Europeans" in the Police Zone, 41,482 lived in urban areas according to the th be administered as an integral part of the Union of se South Africa but that it was never intended to be given 1951 census. Official estimates reveal that 24,331 were living in "Native" reserves as at the end of 1952. Most M back to the indigenous population. Moreover, in a letter th dated 25 April 1959 to Chief Hosea Kutako, he stated of the other "Non-Europeans" in the Police Zone, apart from those in the Rehoboth Community, lived as Gc 18 An in~irect. consultation of the. "Native" population labourers on "European" farms, mines, roads, etc. Clas through their chIefs and headmen, earned out without United sified by their mother tongues, 65.634 of the "Non Nations supervision by officials of the Union Government. Europeans" were Nama-speaking, 29,839 Oshivamho, 10 Union of SOl/th Africa, l-Jansard, 19 September 1958 28,225 Herero and 17,482 Afrikaans. Both the N ama, cols. 4352-54. ' "1 20 Fortnightly Digest of SOllth African Affairs 20 March 21 See annex VIII. 1959. ' la' 22 See annexes XII, XIX, XXI, XXIII, XXVI, XXVIII. 8 or Hottentot, people and the Damaras speak Nama as of a term first propagated by leftist circles, attention their mother tongue, while most of the "Coloured" was specially focused on this inaccuracy as well as population, like most' of the "Europeans", speak Afri on the lack of a clear, logical and officially defined Imans. meaning."24 58. In its previous report, the Committee drew to 59. Later in the year, the Union Government indi the attention of the General Assembly the fact that the cated its preference for the term "Bantu" rather than Union Government was using the term "Bantu" and "Native" by transforming the Department of Native "Native" synonymously to designate the indigenous Affairs into a "Department of Bantu Administration inhabitants of the Territory although several groups, in and Development" and a "Department of Bantu Edu cluding the Nama people, were not among the Bantu cation", the latter Department having no authority over speaking peoples of Africa. In July 1958, there was con South West Africa as at the end of 1958. Similarly, on siderable discussion in the Union Parliament concerning 23 October 1958, a "Minister of Bantu Administration the terminology to be applied to indigenous inhabitants and Development", Mr. C. C. de Wet Nel replaced the of Africa, and the Minister of Native Affairs refused "Minister of Native Affairs", Dr. H. F. Verwoerd, and to answer questions put to him by members of Parlia in February 1959, the various "Native Affairs" officials ment with respect to "Africans". He explained the became "Bantu Affairs" officials. 25 position, inter alia, as follows: 60. The Committee reiterates its view that the ter "There are no statutes dealing with 'Africans', minology used by the Mandatory Power to distinguish whoever that may be. The Department of Native Af various sections of the population of the Territory re fairs is concerned only with Natives or Bantu as de flects one of the many aspects of discriminatory policies fined in various Acts of Parliament."2s inconsistent with both the spirit of the Mandate and with "The former practice of replying to questions using the principles of the Universal Declaration of Human the term 'Africans' as if that referred to 'Natives' or Rights, and again recommends to the Mandatory that 'Bantu' as defined in Acts of Parliament, was there it redirect its policy with a view to according funda fore wrong. It had to be discontinued when, by the mental human rights to all inhabitants of the Territory. present more extensive attempts to make current use 24 Ibid., 22 July 1958, No. 3, col. 688; see also No. 4, col. 1299, 23 U,!iOll of South Africa, Hansard, 11 July 1958, No. 1, No. 10, cols. 4051-54, 4270. col. 180. 25 Act 59 of 1958 and Bantlt, April 1959, p. 87. Ill. POLITICAL CONDITIONS A. GENERAL also prohibited from being candidates for election, since membership in both the Union Parliament and the 61. During the period under review, there have been Legislative Assembly is restricted by law to "Euro no significant changes in the distribution of administra peans". tive, legislative and judicial authority between the Ter 64. After the 1958 general elections in the Ten'i ritory and the Union of South Africa described by the tory, the results of which were r~porte.d by the C?m Committee in its previous reports. 2G The Union Govern mittee to the General Assembly at Its thirteenth seSSIOn, ment continued to exercise control over railways and the Union ParliamEnt reduced the minimum voting age harbours, defence, aviation, customs and excise, and for "Europeans" in the Union and South West Africa the integrated public service, immigration, curren~y, from twenty-one to eighteen.21 "Non-Europeans" are control over banking institutions, import control, pnce not entitled to vote in the Union Parliament or terri control, the Police, and the administration of "Na torial Legislative Assembly elections, nor are they en tives". South West Africa retainedcontrol over the Ter titled to vote in the elections to the twenty-eight urban ritory's finances exclusive of customs and excise duties local authorities which exercise control, subject to the and the taxation of "Natives", public works, agricul over-riding authority of the Minister of Bantu Adt;1in ture lands and settlements, mines, "Coloured" affairs, edu~ation, istration and Development, over the "Native" locations health, posts and telegraphs and prisons. in urban areas. 62. Legislative authority ~)Ver th~ Territory c0t; 65. At the end of 1958, one of the members of the tinued to be vested in the Umon Parltament, the tern Union House of Assembly from South West Africa, torial Legislative Assembly, the Governor-General of Dr. A. J. van Rhijn, former A~ministrator of S?tl;th the Union, the Administrator of the Territory, and the West Africa, resigned from Parliament and a M1l1IS Union Minister of Bantu Administration and Develop terial post in the Union Government in order to .accept ment. Administrative authority remained vested vari appointment as High Commissioner ~or the L!mon ~f ously in the. territorial Executive.Committee e!e~ted by South Africa in London. In a by-election held 111 Apnl the Legislative Assembly, on which the Adml11lstra~or 1959 to fill the vacancy in the House, the "European" serves as Chairman, in the Governor-General, the Ul110n voters in the Windhoek constituency elected the leader Minister of Bantu Administration and Development, of the Nationalist Party in South West Africa as their the Administrator, and other agents of the Union representative in Parliament. He.received ?,777 votes Government. while the Opposition Party candIdate obt~1I1ed 2,493, compared with 2,892 and 2,386 yotes re~elved by the B. SUFFRAGE AND THE WINDHOEK BY-ELECTION respective political party candIdates 111 the 1958 elections.28 63. As previously reported by the Committee, all 66. According to the local Press, Nationalist mem "Non-Europeans" in the Territory are prohibited by bers of Parliament attributed the Government's reduced law from voting in the territorial elections. They are 27 Act No. 30 of 1958. 2G See A/3626, annex I; A/31S1, annex H; A/2913, annex H. 28 The Windhoek Advertiser, 17 April 1959. 9 majority largely to the dissatisfaction among "European" drivers be employed, and an European apply for such 7 railway workers owing to a reduction in overtime and a position, a non-European [shallJ be discharged for of Sunday work. They also feared that an impressive the sake of employing the European". This, it may be "N: proportion of the 600 new voters in the Windhoek noted, was a compromise proposal, it having been tior constituency, many of them in the eighteen to twenty originally proposed that only "European" vehicle drivers one year age group, supported the Opposition candidate. be employed by the municipality.32 ~~~: 71. As another example, in December 1958, because I C. ADMINISTRATIVE POLICY AND METHODS; APPLICA of a shortage o~ "Native" labour in the Territory, the li~~ CATION OF apartheid Government deCided, at the request of the Chief Bantu 1 Affairs Commissioner of the Territory, that all Sonth :~rI 67. The Committee has shown in its earlier reports West African "Natives" in the Cape Peninsula were I that, although the administration of the Territory had to be sent back to the Territory as and when the oppor ~tl previously been characterized by the separate treatment tunity and circumstances arose. This, according to the 1 of the different racial components of the population, the , "Ne Press report on the subject, was to be regarded "as a adaptation of this situation to the policy of ajJartheid purely administrative matter".8S Two brothers who with the conception of racial segregation and the separate owned three shops in a "Native" location in the Union, Ne\1 development of the races as a permanent feature of the where they claimed io have lived for fifteen years, were esta· structure of society-has been intensified since the i subsequently served with deportation orders to return to ) in I' transfer of "Native" administration from the territorial .~ to b authorities to the Government of the Union of South South West Africa. According to a Press report of 10 January 1959, however, they were given an extension ~ gror Africa in 1955. of time to appeal to the Supreme Court.S4 I draf 68. Although apartheid has been depicted in theory wish by a member of the Union Parliament from South West 72, In its current phase of application in the Terri seml Africa20 as offering the "Non-European" communities tory, the apartheid programme of racial segregation and , inter the opportunity for bettering themselves and for "co separate development with "vVhite supremacy" is the existing" peacefully with the "European" population, marked by the displacement of "Non-European" peoples in actual fact its application is directed at restricting to from their traditional lands. This, in the view of the '1 ' 76 the "European" population, frequently to the immediate Committee, is one of the most disturbing aspects of the ~ :~~1 and direct disadvantage of the "Non-European" popu ad~11inistration of the Territory, and there is increasing lation, the greater portion of the available resources and eVIdence that the impending dispJacements of "Native" early the economic, social and educational opportunities in inhabitants in the Territory are of a nature prejudicial nun11 the Territory. To realize these ends, the right of suffrage, to the welfare of all of the inhabitants of the Territory, pean as well as legislative and executive powers, are restricted Repeated requests have been made by petitioners for .! ne\v exclusively to the "European" population. The aim an impartial United Nations Commission to visit the of af of this form of administration is stated in a motion Territory and investigate the situation, out adopted by the Union of South Africa Senate on 30 Tan the' 73. The Committee has previously reported that the 1959 uary 1958 by seventy votes to nine. By that motion, Government has been considering the removal of the the Senate congratulated the Government: be re smaller "Native" reserves surrounded by "European" on a. "'. '. on .its excellent administration of the country's farms.in implementation of the Government's policy of affairs which all these years has formed such a direct out, removmg what the Prime :Minister has termed "black petiti contrast to the lack of policy and maladministration spots" in "white areas", As reported by the Committee of the previous United Party Government and has resid to the General Assembly at its twelfth session, one such daim been the reason for the present prosperity as well as reserve, the Aukeigas "Native" reserve, has already for the safe and happy future which is being created 'i Advi been abolished and its inhabitants removed to an in ren10 for European and non-European in separate spheres ferior area bordering a larger "Native" reserve.S5 ~ncl whi~h constitutes the only guarantee for preserv velnl: Another, the Hoachanas "Native" reserve was sche thev mg White supremacy in the Union and South vVest duled for abolition, and its population order~d to vacate Africa, ":10 it ~le by noon on 31 December 1956. and; 69. It is the policy of the Government not only to '\ ment separate "Non-Europeans" from "Europeans" but also to 74, Early in 1959, contrary to recommendations of sep~rate the Committee, endorsed by the General Assembly, the they "Coloured" persons from "Natives", "Natives", bas~( unhke "~u.ropea.ns" and "Coloured" persons, must be Reverend Markus Kooper, a Nama minister and his further d,l~ldecl mto sep.arate. ethnic groups, According family, indigenous inhabitants of the Hoachanas reserve, disptl to a. petitIOn from Chief Hosea Kutako, inter-tribal were forcibly removed to inferior land adjacent to a tion larg~~ mcetmgs of "Natives" are not permitted although the "Native" reserve some 150 miles away from their , the po people c~n~erned h~ve repeatedly asked to be aliowed tradItIonal home. Several residents of Hoachanas were and, to .hold Jomt meetmgs, Chief Kutako stated that the allegedly inju;ed by the police during the removal. and ~lllef Bantu Affairs Commissioner of the Territory The other reSIdents of this reserve and the inhabitants Jarir 1~1for111ed a meeting of Hereros in March 1959 that the of three other "Native" reserves, Soromas, Gibeon and Initte, c,overnment realized their motives and would never Neuhof. have also been informed that they are to be reach agree to the holding of joint meetings.81 removed, according to petitions from leaders of the deter Herero and Nama people of South West Africa., Further deten 70. Some of the effects of the application of apartheid re~arding measures may be illustrated by the fact that the Windhoek develoQments these removals are reported 77. Town Council, a local government body composed only below 111 conneXlOn with land allocation and alienation unclet in the Territory. ?f "Europeans" elected only by "Europeans" decided 1 Terri Il1 February 1959 "that should non-Europea;1 vehicle the n 32 The Windhoell Advertiser 26 February 1959 33 ' . 20 See para. 82, below. ;1 The Windhoek Advertiser, 5 December 1958. 36 S 80 Senate Debates, 30 January 1958 cols 303-4 87 S 81 See annex XIX. '" :' The World, Johannesburg, 10 January 1959. o See A/3626, annex I, paras. 72-75. 1958. 8S S 10 such 75. Removals of "Non-Europeans''' in urban areas inhabitants of the Territory into the Union of South ~d for of the Territory are also scheduled to take place. Africa. According to the official report of the Native lay be "Natives" have been required to live in "Native" loca Affairs Commission for 1956, the creation of a Bushman been tions in these areas which are classified as "European" reserve was one of the important new schemes already dvers areas. After the transfer of "Native" administration to in hand by the end of that year and the provincial the Union Government, however, it was found that a authorities of the Union had been requested to find a ecause number of these locations were not "correctly situated". suitable area in which the South West Africa Bushmen y, the According to the requirements laid down by the present might ultimately be placed. Bantu Prime Minister, "Native" locations must be situated 78. The Bushmen of South West Africa, with the South far enough away from the "European"-inhabited areas exception of those who settled in the Police Zone, inter were to permit the expansion of separate racial group areas marrying with members of other "Native" groups, and lppor with permanent "buffer zones" of 500 yards on which of those who settled in the northern "Native" reserves to the no development is permissible, and so situated that on the northern boundary of the Territory as members "Non-Europeans" can go to work in the urban areas of the tribes in those areas, have progressively retreated "as a so who without passing through "European" residential areas. before the advance of "European" settlement, mainly Jnion, New sites for locations and "Native" villages were into the north-eastern areas in, or bordering on, the were established in Windhoek and Swakopl11und in 1957 and Kalahari Desert.3D The Government's programme of .1rn to in Karibib, Outjo and Usakos in 1958. "Natives" are settling the Territory with "Europeans" has in the mean J1"t of to be distributed in the new locations in separate ethnic time continued to encroach upon the lands in the north ~nsion groups, and, according to one of the 196 regulations eastern areas, where a block of twenty-two farms com drafted for the new Windhoek location, any person who prising 436 square miles was offered to "European" wishes to convene or address a public meeting or as settlers in October 1958. The same month, a Press ferri sembly of persons in the location must notify the Super report40 indicated that a proposal had been made at a nand intendent at least forty-eight hours in advance unless congress of the Nationalist Party in Windhoek, which f" is the superintendent should agree to shorter notice. the Press was precluded from attending, that certain ~oples areas in the north of South West Africa be reserved ,f the 76. The mass removal of "Natives" to the new Winclhoek location, named "Katutura", scheduled to for "Natives" and Bushmen. The results of the dis )f the cussions of this proposal are not known to the Com ~asing take place by the end of 1958, was postponed to the mittee. The Committee has previously called to the ,tive" early part of 1960. During 1958 and 1959 there were numerous objections by residents of Windhoek, "Euro attention of the General Assembly the fact that "Natives" .c1icial living on lancls allocated to "Europeans" are by law itory. peans" as well as "Natives", to the selection of the new site and the construction of the location (at a cost subject to removal unless they become farm labourers s for for the "Enropeans" occupying the land. :t the of approximately £ 1 million to the municipality) with out first consulting with and securing the approval of 79. From certain other developments in the Terri the "Natives" concerned. In a petition dated 23 April tory, the Committee finds increasing evidence of perse Lt the 1959, Chief Kutako stated that the people refused to cutions or reprisals by the Administration against peti f the be removed to Katutura because the removal was based tioners and other critics of the Administration. In its lean" on apartheid. Had they been "Europeans", he pointed previous report to the General Assembly, the Committee :y of out, they would not be removecl. According to this referrecl to the allegation made by petitioners to the black petition, and letters to the Press from "Non-European" effect that the Reverend T. H. Hamtul11bangela was littee residents of Windhoek,37 the Manager of Locations temporarily removed from Ovamboland to Windhoek such claimed on 28 November 1958 that the "Non-European" eady r for submitting a petition to the United Nations on behalf Advisory Board in the location had agreed to the of the Ovambo and that people writing to the United i in removal. At a public meeting in the location on 30 N0 Nations were in jeopardy.4i More recently, late in 1958, ve.35 vember, however, the members of the Boarcl stated that Mr. Toivo Ja-Toivo, a South West African employed .cbe they hacl obj ected to the removal. Chief Kutako made Lcate f in Cape Town, was dismissecl from private employment it clear· that the people were not against improvement, and ordered to return to South West Africa after 1 and had welcomed the earlier intention of the Govern petitioning the United Nations. According to replies by IS of ment to build better housing at the existing site, but the Union Minister of Bantn Administration and Devel , the I they were not preparecl to accept any scheme or plan opment and the Minister of Justice to questions asked his basecl on apartheid. They also feared disagreements and in the Union Parliament, Mr. Ja-Toivo worked for ~rve, disputes with the Government regarding the compensa the Imperial Furnishers, Observatory, Cape Town, fro111 to a 1 tion for property damages during a removal. Moreover, 1954 until 1 December 1958, when he was discharged. their the people coulcl walk to work from their present location He was required to leave the Cape Peninsula under the were I and, on their wages, they could not afford the bus fares Union "Natives" tu'ban areas legislation on the ground )Val. and the higher rentals at the new location. Mr. that he did not qualify to remain there indefinitely :ants I Jariretundu Kozonguizi, in an oral petition to the Com and was advised to return to South West Africa. and mittee on 1 May 1959, stated that the situation had Although he was offered a railway ticket to enable him ) be reached an explosive deadlock, with the Government to return to the Territory, he "apparently returned to the determined to move the location residents and the latter his country of origin at his own expense".42 He was ther determined not to move. 38 Irted 77. rn addition to removing indigenous inhabitants SIl See The Native Tribes of SMith West Africa, 1928, pp. Ltion I 79-104; Union of South Africa, Report of the SOllth West uncler its trust from one place to another within the Africa Commission, 1936, paras. 113-H8; T/337, pp. 63-66; r Territory, the Mandatory ~ower has heen consi~e~ing South West Africa A'lnual, 1956, pp. 13-27; La Revue Fran the removal of what it considers to be the only ong1l1al raise, SUPI?Jement, December 1956 "History of the Tribes of South Afnca", by Dr. H. Vedder. 36 See A/3626, annex I, para. 31. 40 The Windhoek Advertiser. 21 October 1958. f 87 See annex XIX j The Windhoek Advertiser, 23 December 41 A/3906, para. 18. 1958. 42 Union of SOllth Africa, Hallsard, 3 February 1959, cots. 38 See annex V, item 4. 343-44. 11 ... t 7- n n t ."-Jin""'.~~~~.~tluu_~~~'f liT tr . tt r U"A:eiiC'';>'''''\l later arrested and detained at Tsumeb, South \Vest also had its advantages, and he felt that a method of Africa, on 24 December 1958 for entering a mine com- co-existence could be found which would be fair to each • pound without the necessary permit of the Mine Super- racial group. intendent and was detained until 27 December when 83. Taking into account the information presented in he was sentenced to a fine of £2 or hventy days in its preceding reports, as well as t!1at contained in the l prison; he \vas released on 29 December on paying "a present report, the Committee has arrived at the follow- part-time fine in the lock-up" .43 The Committee must ing conclusions: 1 also draw the attention of the General Assembly to the treatment of Mr. Ja-Toivo as described in several The Committee considers that the practice of apartheid petitions,H in which it is alleged, inter alia, that after 'which gO'lJerns the administration of South West Africa his release in Tsumeb, he was taken to Ovamboland de'nies the "lVon-European" inhabitants the right to 'l'ote and seck offices and the opportunity to participate under police escort for not having a pass, although his in the administration of the Territory, and depri7)es pass had been taken from him on his arrest in Tsumeb. the Territory of political institutions representative of ;~r~t~~mboland, he was said to be kept under "house the population as a whole. It also denies the "Non European" inhabitants their rights as 1'egards economic, 80. In another case, in June 1959, Mr. Hans social and educational opportunities, and, in the Com- Johannes Beukes, a South \Vest African student at the mittce's considered opinion, 'will e'lJentually ope1'ate to University of Cape Town, was deprived of a passport the detriment of ail sections of the population of the which had been granted to him to proceed to Norway Territory. This policy of apartheid is a jl.agrant violation as a scholarship student.45 This action, which is referred of the sacred trust which permeates the Mandate and to in more detail below in the Committee's report on the Charter of the United Nations and the Universal educational conditions in the Territory, was interpreted Declaration of Human Rights. by a Methodist minister46 who had left the Territory in Accordingly, the Committee urgently recommends 1956 as an action directed not so much against this studeh7 as against his father and grandfather. The latter, ~:'~a~~e~~~~~~e1~:at~~;e~/~,t;e'l;~~~/10 r,:;r;~;~la~~~ the minister observed, were involved in a dispute be- and to recogni::e political rights for the UNon-European" tween the Rehoboth people and the Administration and inhabitants as well as their right to participate in the had petitioned the United Nations on the subject. How- administration. The Committee further recommends that ever, Mr. H. C. Beukes, the father of IVlr. Hans immediate steps be taken to eliminate all discriminatory Johannes Beukes, indicated by letter published in Die legislation and practices which operate to the disad- Suidwes-Afrilwncr on 3 July 1959 that neither he nor the grandfather of :Mr. Hans Beukes had written the vantage of the "Non-European" population and to I1 United Nations, and that he had no intention of doing ensure the revision of the existing policies and practices of administration in a manner consistent 7.vith Article 22 ~~~tfJttn~~ ~~1s~~~~e~0 t~~~:e~l~i~~eirf ::t~~~l~~~;' if people of the Co'venant of the League of Nations and the Charter of the United Nations. 81. In addition, The Windhoek Advertiser, accord- ing to numerous reports in that newspaper, was boy D. DEFENCE cotted in 1958 by decision of the territorial Executive Committee, under the chairmanship of the Adminis 84. New legislation governing the defence of the trator, because of its criticisms of ;he Administration. Union of South Africa and South \Vest Africa, the As a result, the paper filed suit in November 1958 Defence Act No. 44 of 1957, was brought into force against the Administrator and the members of the in 1958. "Non-Europeans" are excluded from compul Executive Committee. Meamvhile, other newspapers and sory military service and other provisions of the Act, news agencies in the Territory, reacting against an however, except that they may be engaged for auxiliary infringement of freedom of the Press, supplied the services as guards or watchmen or to perform other Advertiser with reports of interviews from which the non-combatant duties, or they may engage themselves Advertiser was excluded.47 voluntarily for service in the South African Defence 82. Moreover, as already indicated above, criticism Force in such capacity and subject to such conditions as by Mr. J. P. du Plessis Basson, a member of the Union may be prescribed. House of Assembly from South vVest Africa, of the 85. Under the integrated defence services, the Union Union Government's Bill to establish separate "Bantu Department of Defence maintains a military camp at stans" and to remove "European" representatives of Vvindhoek and a military landing ground in the Swak Union "Natives" from the Union Parliament without opmund District of South West Africa. Access to the consultation with the people directly concerned led to landing ground has been prohibited since 3 October his expulsion in May 1959, by unanimous vote, from 1958 except to persons with a permit from the Depart the Nationalist Party caucus.48 It may he recalled, ment of Defence.49 According to a statement made by from the Committee's previous report, that Mr. Basson the Union Minister of Defence in September 1958, the had informed the South 'Vest Africa Coloured Teachers Union Government also plans to establish a military Association in June 1958, that, while many might dis training school in a "Native" reserve, the Eastern agree with the existing government policy of separate Caprivi Zipfel, to enable the combined armed forces of development and see its disadvantages, such a policy the Union and South 'Vest Africa to adapt themselves to the true conditions of war which may arise in tropical 43 Ibid., 17 February 1959, cols. 968-69. parts. The Eastern Caprivi Zipfel, the north-easternmost 44 See annex V, item 4 and annex XXIII, item 2. part of South West Africa, is administered as an integral 45 See annexes XXIX, XXX and XXXI. part of the Union of South Africa.50 46 Cape Times, 26 June 1959. 47 The Willdhoek Advertiser, 15, 17 and 24 October, 18 and 25 November and 1:' December 1958; see also Cape Times, 49 South West Africa Gazette Nos. 2138 and 2173; Union 14 October 1958. Government Gazette No. 6123. 48 Fortnightly Digest of South Afrieal~ Affairs, 29 M~y 1959. 50 Senate Debates, 22 September 1958, col. 1766. 12 felt that a method of . would be fair to each 86. In July 1958, the Union Minister of Defence ('The militarv training of the lla/ives, othmi.'ise announced that a request for transit facilities for South than for purposes of internal jiolice and the local African Defence Force vehicles and men across defence of the territory, shall be prohibited. Fur,ther formation presented in BechuanaIand to the site of the proposed training school more no militarv or llQ'i.'al bases shall be established 1 I t mt contained in the f. in tropical warfare had been refused by the United or fo~tificatiolls erected in the taritor,\'." arrived at the fonow- Kin~dom. Eflorts would be made to find another route to tI;e Caprivi strip, possibly through South \Vest. Africa, le practice of aparth~id he stated, and if these failed the (;overnment might ask E. AIDrs AXD A:\D!CNITION of South West.•·lfnca l the Cnited Kingdom to reconsider its decision. The SS. During 1958, the penalties for illegally supply abitants the nght to howe~er, Cnion Gowrnment had received permission, inO' or acquiring arms and ammunition were increased. ortlwity to partici~ate l /:> • • for a South African Defence Force party to reconn01tre The Committee notes that the maXll11Um lllcrease was 'rritorv and depn«'es an emergency route to South \Vest Africa across the ions ;';presentath'e of made for supplying any arms or anl1n~U1ition to a ."Xon south-western part of Bechuanaland. It had also been European" without a licence and tor the unhcensed lso denies the "Non advised that, in the event of an emergency, a request ~ as regards economic, possession by either "Europeans" or "Xon-Europeans" fr0111 the Cnion Goycrnment to send vehicles to South of more thin one weapon oyer .22 calihre and more ics, and, in the Com- \Vest Africa across Bechuunaland wou!d be sympatheti e«'entuallv operate to than 100 rounds of ammunition over .22 calibre in excess callv considered bv the British authorities.51 of their reasonable requirements. For these offences, the popuiation of the The COllll1;ittee 'i.i.'ishes to express its deep con l is a fi.(/grant violation 87. the maximum penalties were increased f:-ol11 a maximum I (ern 'i.eith respect to the defence. measures ol!Fined of £ 50 fine and/or imprisonment for six months to ten ltes the Mandate and abo'i.'c. and in particular to the establishment of a lilllzta~y ns and the Universal years' imprisonment without option of fine. training school alld the stationing of armed force~ 'In the Tariton'. measures v..'lzicll appear to tile COJ1llJllttee 89. Tile Committee is deeply disturbed at tlIe im urg£ atlv 1"ecommends to be contrayV to tllll pro'i.'isions of Article 4 of the plications of these ne'i:l' J/leasw"es. and 'i.(:ould 'i.t'islz to St'ek rcprcselltatl~'c th(~ fe the -Territory with j~Iandate, which states: further information from a of .:lIanda ors of the population tor'\, Power concerning the need for mtroducmg th~'se r the"Non-European" 51 The Willdhoek Ad,;CYtiser, 18 and 22 July 1958. incj'eased penalties in the Territor.\' of South West Afnca. , to participate in the I rther recommends that r flate all discriminatory operate to the disad IV. ECONOMIC CONDITIONS " population and. to , policies .and pr~ctlce; I! A. GENERAL erally limited to that of low-paid, unskilled lal1our. sistent 'lV/th Article 2... Despite the fact that these "European" enterprises are .' I ~ou.th i' of Nations and the 90. The general picture of the economy of dependent for their existence on a large supply of j West Af;:ica which the Committee has presented 111 Its "Non-European", mainly "Native",. labour,. not only 1 previous reports remains little changed. Minerals, agri the private profits but also the major portl~n of the cultural and pastoral products, and fish and fish prod E public revenues derived therefrom are enjoyed by ucts are the mainstays of the monetary economy. !he "Europeans". , g the defence of the mining industry, which has expanded enormou~ly S111ce 93. The majority of the "Non-Europeans" continue Jth \Vest Africa, the the Second \Vorld War, overshadows the rest 111 ten~s ~ both of profit to itself and contributions to the publtc to live largely by means of subsistence farming. and, as brought into force as stated in the Committee's previous report,5:.J t)- e xcluded from compul- Ifunds. The Territory also produces, in the cen~ral and whic~l )rovisions of the Act, northern districts of the Police Zone, meat and Itvestock amount of their dairy and livestock produce finds engaged for auxiliary its way to market is insignificant compared \vlth .the I products and butter and other dairy products for home amount marketed by "European" farmers. Othen\'1se, ( or to perform other consumption and for export; lucrauve ~ar~kul sheep < ay engage themselves farming is carried on in the southern dlstncts of the their principal access to the monetary economy is through ,~ outh African Defence I Territory producing persian Iamb and astrakhan furs the supply of labour to mines, farms, industries, roads t to such conditions as for the ~vorld market; and fishing, particularly for and "European" households. Only a relatively small pilchards and rock lobster, has developed into a major number are engaged in such capacities as teachers, export industry. artisans, petty traders, or minor employees in com lce services, the Union merce and industry. s a military camp at 91. While the Territory is dependent on an overseas ground in the Swak market for the export of most of its mineral, karakul 94. Considering that the role of the ((Non-European" Africa. Access to the and fish producIs, it is dependent for the disposal. of inhabitants in the Territory continues to be limited lited since 3 October principally to P"O'lliding the .labo~lr. force jar ((Euro its surplus livestock and dairy produce ?n the .Umon ~nzmn[J,. ~grzculture ~nd rmit from the Depart of South Africa, supplying the latter WIth an Impor pean" undertakings engaged 211 a statement made by tant portion of its meat requirements. the exploitation of other econ011lZC actZVttles, and. takmg into account the large financial reserves of the Ter l September 19S~~ the 92. Taken as a whole, marketable production is ) establish a lmhtary ritory, the C011lmittee urges the Nlandatory. P~'i.cer to hiO"h in relation to the size of the population and the undertake forthwith a pmgramme of economic anN/Op reserve, the Eastern di~ersified economy is a buoyan~ and expanding o~e, bined armed forces of 11lent designed to ensure to the UNon-European" popula making it possible for the TerrItory annually. to 111 tion greater participation in the economic. activity of a to adapt themselyes crease public revenue and expendIture and Its .ac 11 may arise in tropical the Territory and an equitable share of the profits cumulated financial reserves while at the same tIme deri'l/ed from the exploitation of the natural resources the north-easternmost maintaining Iow taxation. However, the economy as inistered as an integral of the Territory and from commerce and industr;.'. 50 described above remains an essentially "European" agricult~ral economy, in that the mining! fishing and B. PUBLIC FINANCE industries and the commerCial and other enterpnses . 2138 and 2173; Union which contribute principally to the prosperity of the 95. The progressive expansion of the economy, to which reference has been made in previous reports, ;S, col. 1766. Territory are "European" owned and operated enter prises, in which the role of "Non-Europeans" is gen- 52 See A/3906, para. 107. 13 ";"j:~ 1 is indicated by the continued upward trend in ter.ritorial involve the change-over to diesel traction and the re revenue and expenditure during the year~ ~01l0:V111g the placement of the narrow gauge. line between Usak.os and 1 Second World War. From only £2.9 mllhon 111 1946 Tsumeb and on the branch hnes to Grootfontem and 1947 government revenue increased to £ 12,037,619 Outjo by a standard gauge. The replacement of the i' in 1955-1956 and £ 16,213,255 in 19~6-1957, ti:e last narrow-gauge lines is expected to cost £ 7,250,000. As stated in the Committee's previous report, the \ year for which final accounts are avaIlable. Estimated J, revenue for 1957-1958 showed a further increase ~o Administration of South vVest Africa has agreed to £ 17,117,577. The budget for 1958-1959, however, IS compensate the Union for tile assets to be withdrawn 1 reported to show a reduced estimated revenue of (estimated at £ 720,000) and to guarantee any dif 1 £ 14,793,466, the drop being evidently due in large ference between the losses incurred on the broad ~, part to a fall in mineral sales. . gauge line and the losses which would have been 96. Government expenditure similarly mcreas~d incurred if the line had not been broadened. The Union lJ from £2.8 million in 1946-1947 to £ 10,730,242 111 has obtained loans from South West Africa, amount \ 1955-1956 and £ 12,502,205 in 1956-1957 (the sum ing by 1957-1958 to £750,000 to assist it in financing appropriated for the follow!ng y:ar,. 1957-1958, the capital improvements. amounted to £ 17,077,060). 1 he mam Items of ex 100. As a result of the transfer to the Union of the penditure in 1956-1957 were e~u~atio~ (£1,163,896), administration of "Native" affairs in 1954, the Union public works (£793,505), aCh11l111stratlOn (£570,~02), now bears the financial responsibility for "Native" posts, telegraphs and telephones (£520,034), mIscel administration in the Territory' and receives an annual laneous services (£421,285), and pubhc health payment from the Territory based on past experience ( £302,966). Each year a. large portion o~ th.e Ter of costs. Between 1 April 1955 and 31 March 1958, ritory's revenue is appropriated to th.e Terrltonal I?e the payment by the Territory to the Union Govern velopment and Reserve Fund, which IS concerned prm ment, exclusive of a fixed Sllll1 of £ 50,000 per annum cipally with development schemes. The Sllll1 .thus al for development in "Native" areas, totalled £313,928, located in 1956-1957 was £7,565,000. Even WIth these of which the Union Government spent £257,217, large appropriations for development, the .accumula~ed the balance of £ 56,711 reverting to the Union Treasury surplus in the general revenue fund contmued to 111 rather than to South 'vVest Africa. Over the same crease and on 31 March 1957 amounted to £9,719,727. period, the Union spent a total of £ 130,951 specifically 97. The Territory's external debt (to the Union for the development of "Native" areas. This was derived of South Africa) is small and has been progressively partly from the fixed contribution received from the reduced since 1945 to a total of £ 1,902,726 as at territorial Government, which totalled £ 150,000 by 31 March 1957. At the same time, the Territory's 31 March 1958, and partly from the " Native" reserve total assets, represented by reserves in various ac and tribal trust funds which were transferred to the counts, have been steadily accumulating. On 31 March Union Government in 1954 and which had total reserves 1957, total assets amounted to £49,470,326, an excess of £203,016 as at 31 March 1958. of £22,779,336 in assets over liabilities. 101. In past reports the Committee has repeatedly 98. As was mentioned in the Committee's previous referred to the impossibility of determining with any report, the integration of the railway and police services precision to what extent the "Non-European" popula in the Territory with those of the Union has had the tion benefits directly or indirectly from public ex result that a portion of the costs incurred in the Ter penditure in the Territory. The annual public accounts ritory are borne by the Union. In 1939 the police of South West Africa show that, apart from the cost force of South West Africa was integrated with the of the administration, postal and telegraphic, customs, South African Police on the basis of an agreement prisons, justice and other services which may be said whereby the Territory paid a fixed sum of £ 110,000 to be of general application, the major part of recur per annum (and £4,000 for a pension fund) to the rent expenditures are for areas and purposes of pri Union for police services, the residual cost being marily "European" interest. This situation is even more borne by the Union. This arrangement continued up pronounced if account is also taken of expenditure for to the end of the fiscal year 1956-1957 although the development purposes. The total expenditure from the total cost of police services has been steadily increas Territorial Development and Reserve Fund for 1956 ing and the accumulated cost to the Union amounted 1957 amounted to £4,766,085, of which £26,979 was to £2,091,539 on 31 March 1958. Effective on 1 April expended from the "Native" Areas Account, most 1957, the contribution (including pension contribution) of it (£25,308) as a payment to the Roads Fund for to be paid by the Territory was increased to £200,000. the construction of roads in "Native" areas. Total This is still substantially less than the total cost of expenditure on road construction from the Territorial police services, which in 1956-1957 amounted to Development and Reserve Fund was £948,009 during £367,089, and in 1957-1958 to £403,113. the same period while expenditure from the Land 99. The railways of South West Africa are also Settlement and Development Account, which relates merged with those of the Union under an arrangement exclusively to "European" land, totalled £380,519. In whereby the operational losses in the Territory are addition, there are large reserves available jn the form subject to a special agreement concerning the Gamams of advances, loans and grants for other services and Gobabis line, written off against the profits incurred in activities of particular interest to "Europeans". the Union. In the fiscal year 1956-1957, the net loss 102. The Committee has in the past recommended sustained by the Union amounted to £ 1,327,277 bring that the Mandatory Power should undertake a planned ing tile aggregate loss since 1922 to £ 16 608800. programme of economic development designed pri Since 1957, extensive improvements of the' raiiway marily to assist and equip the "Native" inhabitants to ~ystel11 have been undertaken which are expected to play a wider and fuller part in the economy of the 111volve a total expenditure of £ 25.5 million. 53 These Territory.54 All of the evidence which has become ~ TVi/ldhoek Advertiser, 30 April 1959. 54 A/3626, p. 14. L_ 14 re- available to the Committee, oVer the past six years .105. The .effc;ct of these price changes on total and tends strongly to the conclusion that the primary func m~neral sales mdlcates. the growmg importance of base and r tion of the HNative" population of the Territory, mmerals. Although dIamonds still hold the foremost the determined and defined through administrative policy place in tl:~ economy, the Territory is producing increas 000. L and method, is to supply the labour without which the I11g quantitIes of some fourteen other minerals the most the otherwise essentially "European" economy could not import~l1t o~ which are lead and silver concentrat~s, manga I to exist. Alternative kinds of "Native" economic activity nese, .t111, ~1I1C and cop~er. In 1957, sales of gem and in awn ! are apparently being fostered only to the minimum dustnal diamonds reahzed £ 16,070,885, lead and silver dif- extent necessary to support the "European" economy. £11,416,859, manganese £1,026,442, tin £490000 )ad- This conclusion is supported not only by the relative and zinc £ 348,600. In direct taxation, excluding inc~me leen .~ paw:ity of financial assistance made available for the ta.x, the min!ng industry yiel.dc;d £2,906,772 compared [lion economic development of the "Natives" but also by a WIth appro=-:1I1m~ely £.2.6 mllhon during the preceding unt- statement made in 1959 by the Minister of Bantu year. Of thIS YIeld, diamond export duties accounted :ing Administration and Development55 to the effect that for £ 1,723,772, and diamond profits tax accounted 'I it is the policy of the Government of the Union of for £ 2,003,012. Claims and licence fees amounted the South Africa to encourage industries owned by "Euro to £24,738. lion peans" but largely dependent on "Native" labour, in 106. Until recently, diamond mining has been lye, " the "European" areas bordering on "Native" reserves mainly confined to the southwestern portion of the lual 1 as an important part of the development of those Territory towards the Atlantic coast, In 1956, how :nce { reserves. ever, a 111 aj or discovery of diamond deposits was made )58, 103. The Committee notes that this statement of in the northern part of the Territory, on the coastal ~rn- I policy followed the passage by the Union Parliament area of the Outjo district know as the "Skeleton lum in 1958 of legislation authorizing the use of reserves Coast". A further major discovery was reported in )28, I in the Native Trust Fund (approximately £500,000) 1958 under coastal waters about fifty miles north of !17, to "advance the interests of 'Natives' in commerce and the Orange River mouth. Both discoveries were ex ury 1 industry in scheduled 'Native' areas or released areas pected to lead to the uncovering of extensive new line 1 or on land held by the Trust in the Union or the deposits. Since 1957, prospecting for oil has continued ally Territory of South West Africa". Whether or not over large areas embracing well over half of the Ter ved I it is the intention of the Government of the Union ritory. Prospecting for other minerals was reported the to utilize these resources for the development of by the Administration57 in 1958 to be continuing un by 1 commercial and inclustrial activities operated by "Na abated despite the decrease in the price of base minerals. rye '"! tives" is not clear in view of the subsequent statement The Administrator added that numerous strong Union " the ,'- of policy by the Minister. The Committee observes, of South Africa and foreign mining concerns were ves however, that, even if it is intended to do so, the showing the greatest interest in the mining potentialities fl.l11ds which would be made available for this purpose of the Territory. ily I in South West Africa, assuming that the total would .ny be apportioned equally among the "Native" areas in D. AGRICULTURAL AND PASTORAL PRODUCTION la- the Union and the Territory, would be extremely 107. The more important agricultural and pastoral ~x- small. Bearing in mind the large financial reserves I areas of the Territory are the southern and central nts accumulated by the territorial Administration, the Com DSt i mittee again urges upon the Mandatory Power the sections and also the northern section to the south of ns, necessity of devoting part of these reserves to a Ovamboland, commercial production being mainly in :lid planned and positive programme for the economic the hands of "European" farmers. The farmers raise .1r- development of the "Natives". Such action would be small stock in the south and central sections and in ,ri- ,f an indispensable investment in the increased future the northwest. Mixed farming is carried on in the central )re 1 productivity and prosperity of the Territory and would and northwestern sections, whereas cattle ranching is for seem to be essential for ensuring future political undertaken in the eastern section of the central area and :he ~f stability. in the northeast. ;6- 108. The most important produce is the pelt of the las 1 C. MINING karakul lamb, but slaughter stock is also kept by the )st karakul farmers. The production of pelts normally :Dr 1 104. South West Africa's principal industry in amounts to slightly less than 3 million per annum, valued tal I terms of value of production is mining. Since the end at approximately £ 5.5 million. In recent years, how ial of the Second World War, the industry has developed ever, despite the expenditure of over £300,000 on ng r enormously, total mineral sales expanding from £ 1.5 advertising campaigns between 1952 and 1956, the nd million in 1946 to a peak figure of £34,795,175 in average price of a karakul pelt has dropped, from 45s. tes I 1956. During 1957, however, total sales dropped off in 1952 to 40s. in 1956 and 37s. 2d. in September 1958. In to £29,907,430 which is slightly above the recent yearly The result was a decrease in karakul pelt production ~m I average of £28 million. The reason for this decrease from 2,864,246 in 1955 to 2,800,923 in 1956. nd of approximately £4.9 million below the preceding 109. The rearing of cattle and small stock, mostly I year was, according to the Administrator,56 a drop in for the meat markets of the Union of South Aftic.a, has ed the price of base minerals as a result of which activities been a rapidly expanding industry since the end of the ed 1 had to be curtailed considerably during the second Second 'World War. The llumber of cattle exported to n- half of the year. Between January and December, for the Union increased from 118,642 in 1950 to more than to example, copper feU from £265 per ton to £ 171 ; 227,000 in 1957 while the number of small stock ex he lead fr0111 £ 116 to £72; and zinc £ 103 to £62. ported increased fro111 60,819 in 1953 to 141,235 in 1956. ne Exports of butter average over 7 million pounds an- 1 05 Digest of South African Affairs, 18 April 1959. 56 The Wil1dhoek Advertiser, 16 May 1958. 07 The Windhoek Advertiser, 16 May 1958. J 15 nually. These product~ togethl'r with the export~ of should be made available for the economic deyelopment canning fa wheat. maize and vegl'tahles haye been e~timated at all of ":.:ative" areas. It consi,krs that the discrepancy scale, ",hi) aH'I"agl' annual yalue of ahuut :t 13 miiliull. ~\l'cording hetwct'n the assistance provided for "European" and faetm ies e tu a liy",;tuck census takt'll in mid-I q.3~, the Terriwrv "Xon- ~uropean" farnLrs is iUlllll'r evi,lence of dis r three enga ha,1. at that time. a (()tal cattle population of 3.221.68i, criminatory treatnlt'nt which. in the lung rtm. must lobster am of which 2,Oii•.3S1 wen' ou "European" farms. 171,327 ha\"e an adn'rse effect on the Territory's economic l is shown 1 in ":'\at:w" r,''''TH'S within the Police Zone al\(l 9-l-'J.101 ad\':l1lcement, in th~' ":'\atin" territurit's outside the Pulice Zone. 112. :\ [.trlher and notable example of this policv rear II P. TIll' expnn of cattle from the Territory is con arises in connexion \vith the relief measures institntec.l tru~k,1 hy a Liw"tUl'k al\(l ~Ieat Control Hllard which on account of a sen're drought experienced during 1958 1953 allocatC's'the markt'b in tIll' l"niou wlwre the cattle are and early 1950. ~\s has heen stated in pre\"ious reports, t 1954 to hl' sol,1. t\xes quota" awl lllinimum prke" and grants the rainiall in the Territory is relatively low and nn 1955 expr,rt permit,.: to iar1l1lT" \)1' "peculators. Difti.culties re c('rtain and periodic droughts are not uncommon. The 115. D sulting irolll inadqua!t' rail tran,.:portation amI the fact drought which occurred in 195R-1959 was, however, Union of • that export permit,.: mu,.:t he \lhtaiaed "ix tn eight weeks of exceptional sewrity both because of its long duration torial Adn hdur,' the depart:tn or th,' c::ttk, amI therefore make and because it affected more than two-thirds of the CorporatiOJ it ditticult illr the "dler tll take :llly,l1ltagl' oi fayourahle whole Territory.•-\ccording to newspaper reports."u an joint resea prke tIttctltal.ill1l.". haH' gin'n ri":l' to \\'icle-spreat! com e~tin!ate~l t .250.000 head of cattle, valued roughly at the output ~\irica. plaints hy the canlt' i:tr1llt'rs ni South \\·(',.:t one £2." nllllton, were lost during the period and, on two peri111ental oi their main c\'mpl:dms heing that they arC' permitted .. Xative" reserves alone. about 25.000 head of cattle ment of th to tb,' only funr oi the nine controlk,1 markets in the were reported to have diecl.\l\l To meet the emergency undertaken "Cnillll. .\ctt1:111y, :lllwcH'r. the ayerage prkc ior slaughter tlltts created, the .\llministrator announced on 11 :\Iarch territorial stock of all grades. less marketing costs. rose from .37s. 4d. 19.3l) that drastic relief measures would be instituted. African ter in 1948 to 93s. 9cl. in 1955 and, \yith the introduction .\s a first step it was proposecl that for a period of two annual pr of marketing "on the hook". to as much as 11:,,,, 2d. }:ears no interest \vouId be charged and capital rec!cmp £5,000. Legislatioil was pas"C'd in 1C).35 for the estahlislunent lIon would he suspencled on loans to settlers and landless of a South \ \"est .\irica :\1 eat Corporation which would farmers ancl on loans by t1.e Fanning Interests Board. take oyer control of the Territory's meat imltt"try, in .\ similar two-year suspension of interest charges and F. ] c!mling meat canning factories: abattoirs and" cold capital redemption would be applied in the case of ad 116. 1'1 storage chamhers. an,l would maintain a price stabiliza vances for stock feeding and transportation. As far 82,3+7,8+1 tion fund but, as of 1958. the new Corporation hat! not as Land and Agricultural Bank loans were concerned ing ahout been set up. levies of interest and capital redemption would not b~ ! Kalahari d 111. Commercial fanning is mainly controlled by suspended but each case would be considered on its I Territory. "European" farmers who receiye substantial assistance merits and consideration would be given to those who the l\Iandat 61 in various forms from the Administration or from needed an extension of time to make payment. It I tory to be services established bv it, such as financial assistance was later announced that, in addition to these conces over the dL for settlement and de\'elopment of land and loans and sions, the Executive Committee of the Legislative As gated this adv'lnces from the Farming Interests Fund and the sembly had decided to make available a large sum Assembly 0 Land and Agricultural Bank. The scale of this assistance ( £2,400,000 was mentioned) to be used for relief pur 117. Du is indicated by the fact that, as at 31 March 1957, the poses. It was proposed that £ 1 million would be of the land divided between the four commercial banks in the l'erri I Territory had a total of £4,472,246 invested in the to "Europe Land and Agricultural Bank which during 1956-1957 tory: the Land and Agricultural Bank would receive in view of made advances to farmers totalling £ 1,427,145. In addi £400,000 with another £400,000 on a short-term loan, of the natu tion, according to a statement by the Administrator,58 the Land Board would receive £400,000 and two agri digenous in the Farming Interests Fund stood at £ 1,309,117 as cultural co-operative societies would receive £200,000 would be in behveen them.62 at 31 March 1958, of which £285,654 had been granted opment of tl to farmers in the form of loans. Direct advances by the 113. The Committee notes that all the financial relief measures mentioned above are measures desirrned to 118. Af Administration to settlers for the purchase of stock and groups in t equipment amounted to £60,840 in 1956-1957. Such aSSIst. HEuropean" fIbarmers. t \vould be reasonable to a~sume nevertheless that drought knows no racial bar the former facilities as these do not appear to be open to "Non areas from European" farmers whether in the Police Zone or in ners and that the "Natives" who are restricted for alternative pasture land to their reserves must also have the Territo the tribal areas to the north. As the Committee has those who preyiously pointed out, the "Non-European" farmers suffered losses which, since for the most part they do not possess large financial resources, must be more diffi "Natives". are, in fact. physically separated from the areas where been taken t the principal farming assistance measures and services cult to repair. The Committee would be interested to are in force. The annual rates and other direct taxes know what steps, if any, have been taken to provide 119. Th paid by "Natives", including grazing fees for which they similar relief measures for "Natives" in the droucrht- the Territor are liable in respect of stock kept by them, are paid stricken areas. b it assumed into trust funds which, supplemented by territorial funds Nations in 1 amounting to £50,000 per year, are applied to the eco E. FISHERIES lands: nomic development of "Native" areas. The principal "The economic service provided by the Administration in 114. The commercial fishing industry of South West owners of these areas appears, however, to consist of the drilling Africa is centred on Luderitz and Walvis Bay and since confiscatec of wells and boreholes to provide water supplies, the the end of the Second World War has expanded con farms and provision of soil conservation measures, and the advisory siderably. In 1956-1957, there were six rock lobster the expect services of a very few agricultural officers. The Com result of t mittee has previously recOImnended thac additional funds 59 The Windlzork Advertiser, 21 April 1959. owned fa 60 The Star (Johannesburg), 18 April 1959. 61 The Windhoell Advertiser, 12 March 1959. the lost la 58 The Windhoek Advertiser, 16 May 1958. 62 The Windhoek Advertiser, 15 April 1959. Almost w' 16 lent canning factories at Luderitz operating 0,1 an extensive allotment of the old tribal areas, in which vested mcy scale, while at \Valvis Bay there were six canning rights had accrued and the utmost difficulty was ex and facto! ies engaged in the processinR of pilchards and perienced in makinR them realize the utter :;npos dis r three engaged in the processing of fish other than rock sibi!ity of complying with such a request."6:~ lUst lobster and pilchards. The importance of this industry 120. The same report recorded further allotments l is shown by the following data on exports: i Il11ic of land, totalling 4,884,626 hectares, to "European" i V allf~ of rNk /'alllr '" piT.-hard settlers during the first three years of :'Iandate admin Ilkv rear lobster ~.rp"rlrd prvJII,'1s ,·.r/,'>rI,'J i,;tration, from 1920 to 1922. The allocation of land to I £ £ "Europeans" continued, heing temporarily interrupted I lte townlands prepared n 19~O shows hlock V. SOCIAL CONDITIONS :tares in extent, as Magistrate's house, A. GENERAL it seeks to ensure that "Natives" without such em Id gaol, police camp. ployment are confined to their own particular reserves office. The map in 144. The Committee recalls that the Territory has and areas. The "Natives" have few rights of redress Irrounding the gov- been divided by the Union Government roughly into under this legislation and, even though they form the the Rehoboth Com two sections. The southern section, which is the richer bulk of the unskilled labour force, are \vithout the by a spokesman for and better developed portion, has been named the right to organize into trade unions. lorp, before a Union Police Zone. The northern section is the poorer and less desirable portion, where the "Natives" are being 'V in 1925 indicated B. LABOUR lt had purchased the relegated to "Native" reserves. It is apparently the ram members of the policy of the Administration gradually to remove the 146. The shortage of "Native" labour within the gistrate's house and "Native" reserves still remaining in the Police Zone Police Zone, referred to by the Committee in previous the ground. He also to other sections of the Territory so as to make room reports to the General Assembly, apparently continued nitv had a claim to for expansion of "European" settlements in that zone. during the year under review, particularly for work e ~f the blood and 145. Nothing in the information which the Com on "European" farms. "Native" labourers are recruited ng the First \Varid mittee was able to obtain concerning social conditions to some extent from local sources within the Zone oth, the senior gm' in the Territory of South \Vest Africa suggested that but are largely recruited under contract for periods " testified before the there was any relaxation during the year under review of from eighteen months to two years from the north n troops found the of the strict policy of apartheid in all walks of life which ern reserves, the Ovamboland Reserve which is the segregates the population according to race and colour, principal reservoir of labour and the Okavango Reserve. f the Administralar af and relegates the overwhelming majority of the popula The "Natives" are recruited by the South \Vest Africa pp, 15-16. tion, the "Non-European" population, to an inferior Native Labour Association (SWANLA) , the only rlccship COl/liciT, Third status within the society. A great part of the social organization permitted to recruit in the northern areas, legislation, that relating to labour and the freedom which is Administration-sponsored and on which the l2 September 1958. of movement of the "Native" population's designed, various types of employers of labour are represented. Ou the one hand, to maintain a flow of cheap "Native" "Natives" are not represented in the recruiting organi 011, 1926, p. 2(){). labour to the farming, mining and other "European" zation. "Natives" are also recruited from Angola. "Na industries within the Police Zone while, on the other, tive" labour employed within the Police Zone is subject 21 to strict legal controls and restrictions and much of th(' jorit.\· of hoth "Coloured" and "Xath'e" males engage(l labour legislation is de~igned to o\'er('ome, in some ;'1 :-"T'i,'n~' '11'e were I'I1m\w{'(I as lahourer,;. In the cases hy compnl~ory method~, the shortage of labour :>i:':";~; i;;(lu~try, the "m:{jprity oi the. rela~i~'cly small within the Policr Zone. t\t;11lh;'r of "I '.urcp~'an males engaged 111 ml11111g opera 1-1-7. Xo opportnnity exists for the training of the tions ,yere d:t~~illed as miners, \\·hereas the "Coloured" "Xon-Enropean" inln1:it:mh, amI by law, allministra and the "Xative" males, who made up the majority tion, rrgnlation and practice, they are nnt p~nnitted oi those employed in mining acti"itie,;, wer", cb.;silled to a<1\'ance to positions where they might threaten as l1liih> lahourl'rs. th(' jobs oi the ·'Enl'll\ll':ms". a11(l they may be dismissed 150. There is an oycr-all :;hort:,gC' of lahour in the , in byonr of the "F:.rllpe:\:lS". In mininf'". ior instance, Territory but in pa,;t years it has principally aiTected regn~ations exist \I"hieh bar "X()n-Eurol~ean" workers, the "European" farmNs. The re:,.;ons ior this have not only irom :111)' man:l!~erial post hut also irom lower heen oftl;"ia11y attributed to the fact that the mining posts such as those uf shift boss, ganger or worker in awl industrial concerns, which have been expanckd charge of 111:lchinery..\nother instance of the applica con.;iderably since 19-1-6, are a1)]e to provide more ! tion of thi-; policy can"le to the attention of the Com attractiYe conditions of employment than the farmers. mittee during the year under re\'ie\\". During February Sewral attempts by the Administration have been 195CJ, according to the Pre~s,ll\ the \Yindhoek Town m:\de to help the farmers, induding provision (in Coullcil decided "that should Xon-European yehicle 1(52) for their representatioll, with the aiel oi Admin drivers he ('mployed, and an European apply for such istration funds, on the Board of l\bnagement of the a position, a Xon-European be discharged for the sake recruiting organization. of employing the European". The debate by the Town 151. During 1956-1958, the labour shortage was Coullcil on the matter had become necessary, according further discus~ed and several suggestions were put 1 to a reported statement made by the l\Iayor, because forward to assist the farmers. Apparently, one of "European" driyers in the employ of the municipality these suggestions, the establishment of lahour bureaux, did not want to work with "Xon-Europeans". He was acted upon. The Committee has not as much also pointed out that "no \\Thite man was permitted information as it would wish on the exact function to work in the Native Township. \Vages paid the of these bureaux in South \Vest Africa, nor on the vehicle drivers employerl by the municipality in the number that have been established. According to of European area were paid by the \Yhite ratepayers". ficial information,92 hmveYer, "The Union system of r The motion was passed by the Town Council by six the Native Labour Bureau Organization is ... being votes to five. Consequently, because of lack of op introduced on a voluntarv basis in the Territorv and portunity for such training as "well as denial of access offices of magistrates/Native Commissioners assi5't Na to positions for the advancement of the "Non tive 'Yorkseekers by bringing them in contact with European" inhabitants, the "Native" labour force re prospective employers with the idea of placing them grettably remains up to the present overwhelmingly an in employment". As described by the same source, unskilled one. labour bureaux have been established in th~ Union in 148. An analysis of the occupations of the economi the districts and in the urban areas. It is the duty 1 callv active population within the Police Zone, based of the district bureaux to prevent labour from flocking on -the 1951 census, showed that, of the total "Euro to the towns where it is not required and to encourage pean" population of 49,930, 19,218 were economically acceptance of work in the country districts or farms active and 30,712 inactive. Of the total "Non-Europeail" and mines or industries where it is wanted. Surplus population of 156,401, 80,099 were economically active labour in the towns is diverted to the country districts and 76,302 inactive. each month. 149. The occupations of the 16,161 economically 152. Another step takf'l1 to alleviate the shortage active "European" males and 69,031 economically of labour in the Territory is that contractors engaged active "Non-European" males were given as: farmers, on certain large public works are now, according to a fishermen, hunters etc. ("Europeans" 6,592, "Non statement made by the Minister of Native Affairs,93 Europeans" 42,225); crafts111en, production, process to be allowed to take their Union "Natives" temporarily workers etc. C'Europeans" 3,595, "Non-Europeans" with them so that the labour in South \Vest Africa can 12,931) ; managerial, administratiye, clerical and related remain available locally for the usual purposes, in ,yorkers ("Europeans" 2,802, "Non-Europeans" 312) ; cluding farming. The l\Iinister also stated that a sug professional. technical and related workers ("Euro gestion had been considered to throw open the bounda peans" 836, "Non-Europeans" 360) ; workers in operat- ries (between South \Vest Africa and the Union) for mg. transport occupatJJns. ("Europeans" 556, "N~ on- reciprocal recruiting but that this suggestion would Europeans" 417; servke workers ("Europeans" 516, probably have resulted in the farmers of South vVest ~ "Kon-Europeans" 3,850) ; workers in mines. quarries Africa losing rather than gaining labour. In this and related occupations ("Europeans" 512, "Non connexion, a report appeared in the Press,94 during I, Europeans" 7,497) ; sales workers ("Europeans" 511, 1959, that to meet the "Non-European" labour sh0rt "~on-Europeans" 239); and other ("Europeans" 238, age in South \Vest Africa the Railway Administration "Non-Europeans" 1.220). The types of work of the had decided in 1957-1958 to improve service conditions "European" and "Non-European" males engaged in of northern contract labourers and labourers from out farming, fishing and hunting and in mines, quarries side the Territory. This step had become neceSS:1ry and related occupations were not given, but it may be because the Native Aff<:irs Department was prepared recalled that, according to the 1946 census, most of the "Europeans" classified as engaged in agricultural 92 Official Year Book of the Union of South Africa, No. 27, pursuits were farmers and their sons and a very small 1956-1957, p. 778. proportion ,yere engaged by others, \vhereas the ma- 93 U1lion of South Africa, Ha1lsard, 5 August 1958, No. 5, cols. 1464-1465. Ul The Willdhoek Advertiser, 26 February 1959. 94 The Windhoek Advertiser, 23 February 1959. 22 .ged to allow only 1,000 "Natives" to be recruited in the contributions and the years of service. According to the Union for employment in South West Africa. The a Press08 report this was the first pension scheme naIl number was'll1adequate for local requirements and adopted by any municipality in South West Africa for ~a- for new works connected with the broadening of the "Non-Europeans". ed" narrow gauge line so that other steps had to be taken 156. No information came to the Committee's notice rity to get labour. To step up the rate of recruiting, they that v.rould indicate that the strict control meaSltfes Iled were given twelve days paid leave after 300 shifts, under which "Native" labourers work within the Police and eighteen days paid leave after 450 shifts. Leave Zone have in any way been alleviated. These control the was not granted during the term of employment, but measures have b~en d~scribed in so~me detail in past :ted t the value of it was paid out after completion of the ~~epor.ts ,?f the C011l11l1t~ee to the l..:leneral Assembly. aye contract. A worker who renewed his contract within NatIve labourers are hable to penal sanctions for the jng t six months of the expiry of the former contract received breach of labour contracts, one of the more serious :led one penny per shift more than he had received before offences beil~g desertion before the completion of their ore his contract expired. contr~ct penods. Labourers engaged by the recruiting :rs. I 153. The most recent information available on orgal11zatlon from the northern reserves and from 011t ~en ( wage rates in the Territory, for the year 1956, shows side the Territory are permitted to work in the Police (in that the wages paid to "Non-European" employees are Zo.ne only for specified. periods, the maximum period in- clearly inadequate. During that year, wages for "Non bemg two years. A regIster of these labourers is kept :he European" agricultural and mine labourers recruited and a labourer must remain, during the period for which his labour has been contracted, with the employer ., .. _:' by S'vVANLA ranged, depending on the class of labour, 'as , from 20 shillings to 65 shillings per 1110nth, with rations, who engaged him. Few, if any, women are allowed out ,ut J during the first year of the labour contract, with incre of the northern reserves and labourers cannot be accom of ments at the rate of 5 shil1ings per month every six panied by their \'\lives or families. Controls which apply .x, months for the duration of the contract,95 In addition, to all "Na.tives" in general provide that in the "Native" ch f food, some clothing and housing, is provided by the reserves within the Police Zone, with the exception of )h employers. A further indication of the salaries paid the Berseba and Bondels Reserves, and in urban areas 1e by the municipalities of Windhock and Keetmanshoop "European" officials have been authorized since 1952 ,f- to their "European" and "Non-European" employees to search out any "Native" who has insufficient honest of J was given in staff rules passed in 1958 for the "Euro means of support or who is leading an idle existence. Such a "Native" may be forced to take up employment 19 peans" engaged by the municipalities9U and Pension on essential public works or services either inside or ,d ~ Fund Rules for the male "Non-European" employees ", outside the reserve or urban area. If convicted under the 1- of the 'iVindhoek l11unicipality.97 Vagrancy Proclamation, he may alternatively be forced h 154. The "European" staff rules provide for the 11 into private employment with a designated employer. , J appointment of a Staff Committee and for overtime 157. In urban areas, if the number of "Natives", -, pay for hourly paid workers who are not factory including the permanent residents in a given urban area, n workers at rates from one-and-a-half times to double should exceed the reasonable labour requirements, the y the basic rate. In the provisions relating to leave, surplus "Natives", including permanent residents of g the leave groups are classified as follows: ·e the area, may be forced to leave. During the continued s f Group A: Heads of Departments; labollr shortage, however, this provision of the law has .s r Group B: Employees in receipt of a basic salary in not heen applied. Under existing conditions, "Native" s excess of £ 1,440 per annum; men living in an urban area are required by law to have contract receipts showing that they are working Group C: All employees who are not hourly paid ann, if unemployed for one month, they are subject to e and whose salary grades amount to £400 per year i ejection from the area. Those entering the area, unless { or more, who do not fall within groups A and B; exempted or visiting with permission, require a permit :t 3 Group D: All hourly paid employees and all em to seek work, valid for a limited period, during which ployees who are not hourly paid and whose salary they must either find work or leave the area. V l amounts to less than per year. 1 £400 158. In rural areas within the Police Zone other J Annual leave for these groups amounts to 38 days, than the "Native" reserves, any "Native" living on land 34 days, 30 days and 21 days respectively. allocated to a "European" settler may be required by 155., The Pension Staff rules for the male "Non the latter to work for him or leave the land. All male -I European" employees of the Windhoek municipality "Natives" living on "European" farms must be em provide that as from a fixed date a "Non-European" ployed by the farmer, who must obtain Government per f Employees Pension Fund is to be established. Contri mission to employ more than ten male "Natives" over butions,to the Fund are to be made by male employees eighteen years of age on the farm on which he resides r and are.to be based on the monthly salary or wages. or more than five on any other farm. r The contribution groups range from group A 'which 159. With regard to industrial conciliation and '\«iP'- includes those receiving up to £8 per month (£96 per trade unions, the \Vage and Industrial Conciliation Or year) to group F which includes those receiving over dinance of 1952 provides for the determination of condi £20 per month (£240 per year). The Municipal tions of employment, the registration and regulation of I Council is to pay into the Fund amounts equal to three trade unions and employers organizations, the preven ( times the contributions paid by members and the pen tion and settlement of disputes between employers and '.-t.:l sion varies from £92 to £395 per year depending on employees and the regulation of conditions of employ " ment by agreement and arbitration. Under this legis 05 See A/3626, annex I, para. 102. lation, however, "Natives" are specifically excluded 90 South West Africa Gazette, No. 2165, p. 875, 1 October from the provisions relating to the registration of trade 1958. 97 Soltth West Africa Gazette, No. 2145, p. 378, 16 May 1958. 98 The Windhoek Advertiser, 8 July 1955. 23 unions and the settlement of disputes hy concili"tion sometime..; by compulsory means, in the "European" and arbitration. industries, farms and enterprises and for domestic service. Reference to the controls which have a more rj I(JO. The ()f!idal Year Huok of the L'nion for the rt particular hearing on "Kative" labour has already heen year Il)56-1957 stated that "wages amI conditions of made in the preceding section. Those having application l'mployment are satisfactory and no use has been made to the "Xative" population as a whole are set out of the machinery proyided for in the Onlinance for briefly below. determining minimum wagl's and other conditions of employment". It further stated that then' were four 163. rnder the "Xative" Administration Procla "registered traue unions" in the Tt>rritory at the end mation of 1922, which has been officiallv described as of 1956, for the mining imlustry (3-1-0 memhers), the the principal pass law, no person other than a "Euro t building and motor industry (380 members), the print pean" is allowed to enter the Police Zone and no em ing industry (la) and a local authority organization ployer is allowed to bring a "Native" into the Police ~. llll (150 members) ..\ccording to a Press report the first Zone as an employee, without a permit. In practice, only \ association for "Coloured" artisans was formed during male "Natives" are normallv allowed into the Police 1959. Seventy-three "Coloured" artisans, it was re Zone, the majority of the111 heing the recruited la \. ported, met rn "-indhoek in April 1959 to form the bourers: by regulation, "Native" women from Ovam association. The association would aim to protect skilled boland and the Okavango are not allowed to leave the labourers and unskilled labourers in the country and areas without the written permission of the Native would promote their interests. The association ~yould Commissioner. Recruited male "Katives" must, while also seek closer co-opt>ration with other "Coloured" or in the Police Zone. carry an identification pass and must ganiz~tions. Artisans in South \Vest Africa would also return to their homes at the expiry of their contracts. I striye, through the newly formed association, to estab 16-1-. Xo "Kative" within the Police Zone, 'whether I lish closer relationships with similar organizations in recruited or local, unless exempted, may go beyond the r the Union of South Africa. confines of the location, reserve, farm or place where he 161. The Committee must again express its deep resides or where he is employed without a pass issued concern regarding the stringent limitations and controls by an authorized person. He may nG~ travel within, nor under 'which ".:Yati'l'e" 'workers are compelled to work leave, the Police Zone, nor buy a railway ticket without in the Territory. and the lacl~ of freedom of the "Na a pass. Except in his own reserve, a "Native", provided ti'l/e" 'l('orker to se.'k out the employer of his choice. or he has obtained a pass to travel, must secure permission i, to organi:::e and participate in conciliation and ar7.Jitra to remain in another reserve within forty-eight hours of tion proceedings. It must also express its deep concern entry. regarding the restrictions, based on racial grounds, 165. \Vithin urban areas, male "Natives" must, un placed on "Nati'l'e" 'lc'orkers 'which deny them the right less exempted, be in employment or possess a permit ~ to attain any position much higher than that of the to seek work or have a visitor's permit, or have a licence lowest paid labourer. iccordingl}'. the Committee to work as a casual labourer or independent contractor. strong!}' urges the 111aI....atory Po'wer to SltPPrcss the "I\atives" 'with permits to seek work who do not find .l discriminator}. practices and to re'l'ise the labour legis employment within a specified period must normally lation of the Territory so as to conform with the prin leave the area. "Native" women, unless permanent resi ciples of the 1.11andates System and with the standards dents. are not allowed into the area without a certifi [ of the International Labour Organisation for non cate ~f approyal from an officer designated by the urban metropolitan Territories. It reiterates its belief in this local authority and one from the magistrate or Native connexion that the impro'l'c11lent of the conditions of Commissioner of the district of their residence. A "Na "Native" 'It'('rl~ers, including increased 'UJage rates and tive" woman in such areas must produce her certificates better li'l.!ing and 'lcorking conditions. would be more on the demand of an authorized officer. effecti'l!e in allC'lJiating the continucd labour shortage than the system of complex control and reguiution of 166. All "Natives" in urban areas except those in the "Nath'e" labour force. domestic service must, unless specially exempted, live in "Native" locations, villages or hostels and "Euro C. FREEDOM OF ~IOVE)'fENT pean" owners or occupiers of land within five miles of the urban boundary may not allow "Natives" to reside 162. The intricate system by which the free move or congregate on their land. As referred to in the pre ment of the "Non-European" population, and the "Na ceding section, if the number of "Natives" in a given tive" population in particular, is restricted and con urban area should exceed the reasonable labour require trolled in the Territorv of South "IVest Africa has been ments, the surplus "Natives", including permanent resi described in detail in previous reports of the Committee dents of the area, may be forced to leave. to the General Assembly. No relaxation in the system came to the notice of the Committee during the year 167. Even within the "Native" reserves, "Natives" under review; the only new information available re require permission to change their residence within the lated to proposed regulations for the vVindhoek location. reserve, to build a hut and t(l hold a public gathering The restrictions and controls written into the basic legis or assembly with other "Natives". On the other hand, lation and applied by a series of regulations appear to under the "Native" reserve regulations, they may be be designed for two sometimes contradictory purposes: required to change their residence or to gather in public on the one hand they seek to ensure that, in accordance assembly whenever ordered to do so by an authorized with the apartheid policy, the "Non-European" popu official. The "European" reserve superintendent or Na lation is kept within its own confines and out of "Eur tive Commissioner for each reserve (except in the Ber opean" areas, and on the other hand, to ensure that seba and Bondels Reserves) may issue the permits re as many "Natives" as possible are in employment, quired to encamp, reside in, be within or enter the "Native" reserve subject to suc!! conditions as he 99 The Windhoek Advertiser, 23 April 1959. deems fit. 24 .. 168. In most, if not all the urban areas of the Po 17-+. In :May 1959, an American newspaper corre the "European" lice Zone, curfew regulations have been adopte 1 ·which spondent, according to a report in the Press,11I1I was ar d for domestic provide that no "Native" may be in any pduiic place rested in \Vindhoek for entering the "Xative" location ch have a more r within the municipal area between specified hours without permission. During his interrogation he \vas lUS already been (usually 9 p.m. to 4 a.m.) without a written permit required to show all his personal correspondence, files lying application signed by the employer or other authorized person. and notebooks relating to South \Vest Africa and after ale are set out 169. "Europeans", on the other hand, are free to signing an "admission of guilt" was fined £4 Os. Od. travel, to enter and leave, or to visit and reside in any and allowed to leave. stration Proda areas of the Police Zone except the "Native" reserves 175. The Colllmittec feds compelled once marc to lUV described as and locations (and except in two large diamond areas express its gra't'c concern ooz'('/" the lIll'Z(larranted rNtric r than a "Euro t, in the Luderitz district which are closed to anyone tions, based on race or cola Ill', /'laud on tile freedom one and no em- r without a special permit). They are also free to immi of 1IIO'l!ement of the "Nati'l'c" poplllation of South IVest into the Police , grate, emigrate or travel, without restriction or permit, Africa, 'Zi.'lzo form the o'l'cn.i..'helmillg lIIajori(v of the In practice, only \ between the Territory and the Union of South Afric3., total poplllation, as a flagrant disregard of t!le prin into the Police whereas the borders of th.: Territory are closed to ciples and purposes of the Mandate, the Charter of the "Non-Europeans" except on individual permit. United Nations, and tile Uni'llcrsal Declaration of Hu le recruited la \. len from Ovam 170. Under the proposed new regulations for the man Rights. The Committee accordingl:::.' rccommends .ved to leave the \Vindhoek location, permits \vould have to be obtained that the :Mandatory Power repeal the legislation and of the Native to reside in or enter the location and for any type of regulations enforcing these racially dis··:·ninator.v and es" must. while permit of a permanent nature (residential, site or opprcs.~;'!.':J restrictions. m pass and must lodger's permit) the applicant would have to be a :heir contracts. "fit and proper" person to live in the "Native" location D. PUBLIC HEALTH e Zone, whether and would normally have to be employed, or be follow 176. The hospitals in the Territory fall into three y go beyond the ing some lawful occupation or calling within the urban categories: State hospitals, St<.te-aided hospitals and r place where he area of Windhoek and would have to remain so. private hospitals. The State hospitals, all of which were ,ut a pass issued (Exceptions include sick or infirm persons, pensioners for "Natives" up to 1957, are financed and controlled ravel within, nor and retired persons.) Wives and children \vould be by the Administration (except for a small revenue from ay ticket without permitted to reside \\ith the head of the family provided fees) while the State-aided hospitals are run by munici Jative", provided he had obtained a permit, but an unmarried child over pal hospital boards and are financed partly by public ,ecure permission f, the age of eighteen yean would, apparently, have to subscription and patients' fees and partly by govern ty-eight hours of obtain a permit, subject to the condition above, to re ment subsidies from the Territory Revenue Fund up main in the location. to a maximum of three-fifths of their total authorized .tives" must, un 171. No person other than a .registered occupier expenditure. Private hospitals are mainly under the Jossess a permit ~ or authorized member of his family would be allowed control of religious organizations. In addition, the min ·or have a licence to enter, be or remain in the location, without a w,itten ing CQ!1cerns also prov: ~e medical facilities for their 11dent contractor. permit from the Superintendent of the location. Any employees. who do not find .l pen:on entering or leaving the location would be per 177. The State Hospitals Ordinance, No. 49 of l must normally mitted to do so only at specified points. 1957, which authorized 6e establishment of State hos permanent resi 172. "Natives" would not be allowed to buy land pitals for "Europeans" and which provided for the iVith out a certifi l in the location. They would be able to purchase a house establishment, management and control of State hospi .ted by the urban built by the Town Council (in which case they would tals in <\.ny part of the Territory by the Administrator, lstrate or Native obtain a residential permit) or to obtain the right to the taking over of any private hospitals by the Admin $idence. A "Na build their own house on a particular site (for which istrator and their administration as State hospitals, and :e her certificates they would pay rent and in which case they would ob the establishment of State hospital committees and tain a site permit). In both cases, the permit would be boards, was brought into force in 1958 by the Adn,inis lOI except those in subject to cancellation on one month's notice if the trator and tegulations made thereunder cnncernmg holder of the permit was unemployed for a continuous the duties of the l\ledical Superintendents of State hos V exempted, live l02 3 ;tels and "Euro period of fourteen days before issuance of the notice pitals and the registration of private hospitals.l0 or if he was not following, within the area of the Coun :hin five miles of 178. During 1958, the Public Health Act was also ·atives" to reside cil's jurisdiction, some lawful occupation or calling, un amended,104 so as to give, in effecL, the Administrator ed to in the pre less he could produce evidence that such unemployment the authority to provide out of funds voted by the Legis ives" in a given was due to causes beyond his control. If, during the lative Assembly, or to request or compel local authori currency of a residential, lodger's or site permit, the e labour require ties to provide, medical facilities and aid in areas where ~ holder became a person who was not "fit and proper" he considers such facilities or aid inadequate, or neces permanent resi to reside in the location the Superintendent would, on ~ave. sary and to provide grants-in-aid or medical supplies to giving the holder up to twenty-one days' notice in writ voluntary medical services. ierves, "Natives" ing, be entitled to cancel the permit. 179 Complete information 011 the hospital facilities dence within the 173. According to the proposed agreement to be public gathering in the Territory during the year under review is lacking entered into between a resident buying a Council house to the Committee. As of October 1957, however, there the other hand, and the Town Council, if for any reason, including con 1S, they may be travention of any of the provisions of the Native (Ur ) gather in publi<.: lQONew York Times, 2Z May 1959; New York Post, 22 ban Areas) Proclamation or the regulations made there May 1959. by an authorized under, or the withdrawal of the residential permit, the lQl South West Africa Gazette, No. 2142, pp. 312 and 325, intendent or Na agreement were cancelled by the Town Council, all and No. 2129, p. 137. I\:cept in the Ber rights to the site and dwelling and all improvements lQ2 South West Africa Gazette, No. 2167, p. 917. ~ the permits re would revert to the Town Council. Site permits would IQ3 South West Africa Gazette, No. 2124, p. 59. 1in or enter the IQ4 Public Health Proclamation Amendment Ordinance, 1958, also be liable to cancellation but in this case would be amending the Public Health Act, 1919, of the Union applied to :onditions as he subject to compensation for improvements. the Territory by Public Health Proclamation No. 36 of 1920. 25 were, according to official information,105 ~welve State Windhoek. The trained staff at this hospital was re aided hospitals within the Police Zone wlth a total of ported to have consisted in 1956-1957 of a medical offi 253 beds, only two of which provided accommodation cer, a superintendent, five "Eur.opean', attendants in for "Non-Europeans" (fifty-eight beds). New State charge and nine fully qualified "Nativ.c" nmses. The aided hospitals at Omaruru, K~ra5burg and Ara~os dispensary maintained in the "Nati ve" location at were in the course of COl1structlon and the hospltal Windhoek was in charge of two trained nurses. boards at Outjo, Walvis Bay, Mariental, Okahandja 185. In connexion with the appointment of the tu and Keetmanshoop were planning to enlarge their berculosis officer, the Committee recalls that the disease hospitals. has been causing concern in the Territory for some 180. As of the same date, there were seven State time past and that a tuberculosis sanatorium for "Non hospitals for "Natives" within the Police Zone with a European" patients has been under consideration since total of 498 beds. One of these hospitals, the Gobabis 1952-1953. hospital, was opened during that year. A State "Nativ~" 186. Reference to the medical expenditure for 1956 hospital at Karaslmrg was officially reported to be m 1957, which is the most recent year for which figures the planning stage and one at Luderitz was nearing were available to the Committee, was made in the Com completion and it was hoped to take it into commission mittee's report to the General Assembly at its thirteenth at the end of April 1958. For "Europeans", a State session. I t may be recalled that expenditure on the hospital which had cost £60,750 was opened at Goba health account during that year amounted to £302,966 bis in 1958 and a £ 1 million "European" State hospital as compared with £242,435 and £221,062 in the two was opened at Windhoek. previous years. In addition, £39,438 was spent from 181. The Administration also maintained, as of 0<; the buildings account on various institutions, as C0111 tober 1957, four venereal disease compounds for "Na pared with £26,547 and £45,170 in the two previous tives" and four tuberculosis clinics. years. The main items of expenditure on the health 182. The hospital and medical facilities outside the account were for drugs, sera and vaccines (£68,986), Police Zone, in 1957-1958, consisted of thirteen hospi subsidies to State-aided hospitals (£ 59,074), salaries, tals or clinics in Ovamboland maintained by the mis wages and allowances (£ 57,014), and the maintenance sions (three Roman Catholic, eight Finnish mission and of "Native" hospitals and the maintenance and treat two Anglican) and one Administration hospital at ment of patients (£36,013). A sum of £ 13,660 was Ondangua. With respect to the hospitals maintained by also spent on grants towards the medical work of the the Anglican mission it was reported in the Press106 missions and other bodies; £6,162 on the maintenance during April 1959 that a doctor had recently gone to of "Native" patients in mission hospitals, £6,160 on take charge of the two mission hospitals which had been miscellaneous items including a venereal disease cam without a resident doctor for the past six years although paign and outbreaks of infectious diseases, £973 on there were five "European" nurses on their staff. In the the maintenance of venereal patients, £ 278 on plague, Okavango, there were seven mission hospitals or clinics £2,500 on leper camps in "Native" tribal areas arid (four l{oman Catholic, three Finnish mission) and one £999 on a campaign against tuberculosis includfng small general hospital (fifty beds) and a leper camp grants for tuberculosis hospitals. maintained by the Administration at Runtu. In the 187. The expenditure on sera, equipment and vac Kaokoveld there was a clinic at Ohopoho maintained by cines had exceeded the estimated expenditure by the Dutch Reformed Church.107 £23,986 owing to a diphtheria epidemic in Ovambo 183. During 1957, one of the two Administration land .and expenditure on the campaign against tuber medical officers stationed in Ovambolanc1 was trans CUlOS1S was £24,001 less than the estimate because the ferred, thus leaving a vacancy. A second Administra erection of tuberculosis hospitals had been delayed. tion medical officer was stationed in the Okavango. One 188. The Committee has no information on how of the main duties of these officers is to attest the la many "European" and UN on-European" nurses there bourers who are recruited for work in the Police Zone ar~ in the -r:erritory but in 1957 the S01lth African legis as being fit for such work. Within the Police Zone dis latIOn relatmg to the nursing profession was consoli trict surgeons who may have private practice are' em r dated and amended in the Nnrsing Act, No. 69 of 1957, t plo:yed by the Adm.inistration on a part-time basis and and was made applicable to the Territory. The Act, their terms of app011ltment provide for free medical at among,other things, provided for the application of tendance on indigent "Natives". In 1957, there were the pO~lcy of apartheid to the nursing and midwifery twenty-one posts for part-time district surO"eons of th~re ~rof~sslOns. and made provision for the wearing of dis v.:hich two wc;e vacant. During 1956-1957, were ~mctlve umforms, badges or other distinguishing.devices nlllety-onc reglsterec1 medical practitioners in the Terri 111 respect of "\Vhite", "Coloured" or "Native'" nurses tory, the majority of whom were in private practice, and midwives, and required that the N msing Council the others bemg attached to the mines.loa keep separate registers of the "\Vhite" "Coloured" and 184. A tu~)ercl1losis officer was appointed in Octo UN ative" nurses and separate rolls for those undergoing h.er 1957 anc1l~ was hoped that his findings and sugges nurses' or midwifery training. The date 1 JantJary 1958 tlOns. wot11~1. glv.e a much clearer picture of the tuber was fixed by regulation as the date from which the culOSIS posItion 111 the Territory. A second medical offi separate registers were to be kept.l°ll Regulations were cer was posted to the State "Native" hospital at also p~s~ed and made applicable to South West Africa prescnbmg ~he forms to be used by the Nursing Council 105 Soulh Wes.t Africa Health Report, 1957; Official Year m the keepmg of the registers, for applications to be Book of the,.Umon of SOltth Africa, 1956-57, p. 770. ~laced lOll Tile If tJldhock Advertiser 9 April 1959 on the registers, for the certificates of registra 107 SIW A' ' . W Alii ,1 est fnca, lIralth Rrport, 1957; Meinert's South tIOn and for the keeping of rolls for auxiliary nl1rses est fnca Trade and Farms Directory 1958 p 310' 0 ffi . l ~~~ y Book of the Union of SOltth Africa, 1956-57, p. 770. cta ~~~ So:uth ~Vest Africa Gazette, No, 2131, p. 162. 1957, ~~61B.l Year Book of the Union of South Africa, 1956- Ibtd., No. 2131 pp. 162-164 No 2148 p 436 and No. 2164, p. 803.' ,"', l _ 26 and midwives. 110 The forms all. specify that the person 192. The housing scheme requires the mass re in question has been c1assifiecf"tmderthe Population moval of "Natives" from their present location site to Registration Act, 1950, as a "White" person, a "Col an area further removed from the "European" residen oured" person'O'f a "Native" and requires his or her tial area of Windhoek. Within the new location the identity number under the Act. How this regulation is various "Native" ethnic groups would be separated. applied in practice in South West Africa is not known 193. A report appearing in the Press11l in January to the Committee as the Population Registration Act, 1959 stated that the township move had again been 1950, of the Union of South Africa has not been applied delayed and that no residents from the old Windhoek to the Territory. location would be moved into the new "Native" town 189. The Committee notes ~C!ith encouragement that ship within the next fifteen months. It was stated that expenditure on medical services has continued to rise vVindhoek's new sewerage plant at Gammans would not and that furthel' medical facilities continue to be pro be completed within that period. To move a section of vided within the Police Zone. The Committee draws the residents from the old location to the new township attention, as it has in the past, however, to the fact would mean a temporary bucket service at extra ex that the provision of medical facilities and aid in the pense. Such a move would also mean double bus ser northern areas where the majority of the "Native" popu vices and double administrative services. The same re lation lives depends, except to a very small extent, on port also stated that at that time Union "Native" build the worl~ of the -religious missions. The Committee also ing teams were busy in the location and that the town notes that, not~uithstanding the increase in medical ap council did not wish Union and South \iVest "Natives" propriations and the building of further hospitals, the to mix as they were afraid of interference with building facilities provided for the "Non-European" population activities. within the Police Zone are not proportionately com 194. Another Prcss report112 in the same month parable with those provided for the ((European.\~'. In stated that the residents of the Windhoek location had the field of public health, as in all other fields, the jJolicy resolved to oppOse the plan to move them to the new of apartheid underlies all governmental action. site at Katlltura. Objecting to the removal, Windhoek The COl1iLmittee reiterates its recommendations that residents entertained fears that it was not intended to priority be given to the estabrishment of a State hospital improve their conditions and they stated that they were and add-itional medical facilities in the northe1'n areas prepared to accept removal orders if better homes were outside the Police Zone and further recommends that provided at the new site. They also asked for improved every effort should be made to provide the aNon-Euro transport facilities and higher wages to offset the pean" population ~uithin the Police Zone with facilities higher fares. They claimed that the present siting of. comparable with those of the "E1wopean" pop~tlation, the location suited all workers as they were close to The C01nmittee deplores the extension of the policy town and did not have to spend much in fares and that o/qpartheid to the nursing and midwifery professions the new site was too far away and would be detri and urges the Mandatory Power to revoke the applica mental to the interests of workers and industry. They tion to the Territory of those provisions of the Nursin,q were also unhappy over the fact that in the new location Act, No. 69 of 1957, and consequent regulations which they would lose the right to own land and in this saw contain measures of racial discrimination. a move to deny residents the right to freehold tenure and permanent residence. 1l3 E. "NATIVE" AND LOW-INCOME HOUSING IN 195. A petition from Chief Hosea Kutako dated URBAN AREAS 23 April 1959 confirmed that the residents had refused to be moved to the new location, the reason being 190. Reference to the plans to build new "Native" that the removal was based on apartheid. To substan locations in various urban areas of the Territory, in tiate this he referred to a statement made by the Min cluding Windhoek, Keetmanshoop, Okahandja, and ister of Native Affairs concerning the requirement of Usakos, has been made in previous reports of the Com the buffer zone between the "Native" residential area mittee to the General Assembly and also to the fact and that of any other racial group and to a statement that all new location lay-outs must comply with the which he said had been made by the Manager of the apartheid laws of the Union of South Africa and that location in November 1958 when he infonned the resi a buffer zone of 500 yards must exist between the "Non dents that the location would be moved to facilitate the European" built-up area and the "European" built-up implementation of the apartheid policy. The Manager area. had also informed them that the "Non-European" Ad 191. The building of the new Windhoek location, visory Board had agreed to the removal but, at a public Katutura, for which a loan of £750,000 was granted meeting held in November 1958, each of the members by the Administration to the Windhoek municipality of the Board had said that he objected to the move. in 1954 was begun in 1958 after repeated delays due 196. Chief Kutako drew attention to the fact that to the difficulty of finding a site which would allow for the old location was near the places of work of the resi the buffer strip. As reported by the Committee to the dents and that many of them walked to work because General Assembly at its thirteenth session, by May they had no money to pay bus fares. The new location 1958 some houses had already been built in the new was far away from the places of work and i~ would be location and were occupied, while others were in the impossible for the people to walk. The reSIdents al~o course of construction. Provision was made under the entertained fears that the fact that the Government dtd housing scheme to enable "Natives" either to rent not intend to sell them the land on which their houses houses huilt by the town council or to build their own would be built really meant that the Government. was houses with loans and supervision provided by the muni unwilling to give them permanent residence. cipality. Also envisaged, in addition to family houses, was the erection of a compound for from 2,000 to 2,500 llt The Windhoek Advertiser, 29 January 1959. Ovambo and hostels for from 2,000 to 4,000 single 112 The World (Johannesburg, S.A.) , 10 January 1959. male "Natives". llB See annex XIX. 27 ... • 1<}7. A1thou~h they w('re refusing to move, the rt'si he granted to the Hurglll'rs of the Rt'hohoth Gebiet dents \\'{'n' not. Chief Kutako said, against improve ("Coloun'll" citizens of the l-;ehit,t) for a period of one Church nlt'nt. as {'ddenced hv their wt'!conw of an earlier in year hy the magistrate and were to specify the quantity that tht' tention of the GoveriUllent to huild hetter houses for of each type of intoxkating liquor which might Ilt' pur rl. 'hurch them at tIlt' l'xisting- location. But thl'y were not pre l'hased per week. In other words, th.~ Hurgllt'rs wert' him to J pared to aCl'ept any scheme hased on apartheid. permitted to buy specified quantitit's of liquor hy the ReSel'\'l' 1l)5~. llll • all expla 198. :\ description of the proposed new n'gulations hottle. During an Ordinance was passed to amend the Liquor Licensing' Proclamation. No. 6 of III n'ply for the \Yindhlll'k location haf been giwn in the section of whos ahow on freedom of movement and. as noted then'in. 1920. to the etTl'l't that tIll' holders of retail liquor li ~ehiet that tl1l' the residents would not be permitted to own the land cenCl'S in the RdlOhoth l might on applkation Ill' Hur~hers r al1(1 tha1 upon which their houses would be huilt. atlthorizl' Tt'rritory and students of all sections of the population Assembly for its adoption the draft resolution con must go to the Union of South Africa or elsewhere to tained as annex IV of this report, considering, inter alia, r att('ntl institutions of higher learning. Information on that the withdrawal hv the Union of South Africa of how many from each l,;r,lUp do in fact go on to higher the passport granted to 1\1 r. Beukes is an act of admin stutlic's is lacking but :£ 20,055 was spent in 1950-1957 istration contrary to the Mandate and expressing the hv the Administration in the form of loans amllmrsaries. hope that the Union Gm'ernment ,,,ill reconsider its It mav Ilt' saft'l" assumed. howl'Vl'r, that only few"N on decision and that 1\1 r. Bt'ukes will be ahle to take Euroilean" stlidents are able to acquire th~' advantages advantage of the scholarship otTered him. of higher or specia.. ed training because the Adminis 22~. TritllOl/t hCl'Z'ing before it the recomlllendations ... tration as a rule rduses tlll'ir applications am!' acconl of the 1958 commissioll of inquir:v into "Non-European" ing to ont' petitioner :H:J "my application was refused, edueatiOll, tlie Committee cell/not maJ.'£' final conclusions although four bursaries are ostensibly available annually UpOIl this matter. [Tlltil this information is a'llai!able. , for non-white students \vishing to pursue courses of llO'WC'l'er, the Committec feds that it must {l0 on l'eeord study in the Union in 'fields in which there is a felt need as deplorillg the fact that the ehallge of polic)' ulldt'r in South \Vest' ", (stateml'1lt appeared in an S.\ V. Edu cOllsidcratioll 'l('ould, as Ct'idellced by the terms of 1-t'fcr cation Department letter to schools in 1956). Up to date, Cllce of the commission. be ill the direction of further no one has benefited from this progressive offer". Ac rigidly di'l'idillg an already di'llidcd population alld de cording to petitions received from 1\11'. Hans J. Beukes 'l'isin!J for olle part of the population a type of education and 1\11'. Neville H.nhin, President of the Kational Union for their childrell 'l('hich 011 the basis of thc s)'stell! of of South African Students,H:l 1\11'. Hans Beukes, a apartheid 'lL'ould eOllfille them to a subordinate 1"01e ~'n second-year student of the University of Cape Town, the life of thc cOlflltry. was granted a scholarship by the Norwegian National The Committee notes that there 'lc'cre no representa Cnion of Students (Norsk Studentsamband) to study ti'l'es of the "Noli-European" population on the CO1/! for three veal'S at the University of Oslo. :i.\Ir. Beukes missioll of illquir)' illto "Non-Ruropean" education and was selected for this scholarship, otTered to a "Non consequently recomlllends that the Union GO'l'l'n1 Enropean" student at a South African University, by lIIent pro'l'ide for direct and adequate "Noli-European" a selection committee consistillg of Professor L. M. represelltatioll 011 this commission and strollgly urgrs Thompson, Head of the Department of History at the the Malldatory PO'l('er full)' to consl/lt with SI/ch rrpre University of Cape Town, Professor B. Z. Beinart, sClltati'Z'es before an:.' changes arc made affectillg "Non Profe.;sor of Roman Law at the Universitv, and the European" eduration. President of the National Union of South African Stu dents. After some delay and indecision, the Union Gov The CO!JI mittee continues to draw attention to the fact ernment granted Mr. Beukes a passport on 15 June that the system of cducation up to the p,'esent and the 1959 to enable him to proceed to Norway. He accord disproportionate amounts of money spcnt on the educa ingly made arrangements to leave the University of tiollal fa.cilities for the 'various groups has resulted in, Cape Town and proceed to Port Elizabeth to embark and continues to result in, the pro'llision of far less on his journey, but ,vas met on arrival at this port of facilities for the "Non-European" population than for ( embarkation by three police officers, members of the the "European" population, and that the facilities 1'1'0 "Special Branch", and an emigration official, ...vho seized 'Z'ided for the former are of a· much lower standard. The r his passport. One gave as the reason that Mr. Beukes Committee once more stresses ·its belief that oppor tunities for the education of "Non-European" children I had been in association with persons believed to be engaged in subversive activities and he was subjected will remain inferior to those for "European" childl'cn as I to a search of his person, luggage and personal corre long as the s)/ste11ls remain segregated and as long as a spondence. La~er, the official reason was given that the determined effm·t is not made to establish a· comlllon I r withdrawal of the passport was in the public interest. educational system open to all children, witho'l!t dis ~, The Union Government's action aroused considerable crimination and irrespective of race or colour. , disapproval by the Teachers' Educational and Profes It once more recommends that steps should be taken sional Association, students of the University of Cape in this direction and again urges the Mandatory Power Town and the Press in the Union of South Africa and to do ever'},thing possible, as an immediate prerequisite other representatives of public opinion in the Territory. to the achievement of that objective. to improve and 227. After examining the case of Mr. Hans J. expand the facilities for UNat-i'lJe" children in particular, Beukes, the Committee decided to submit to the General and to provide for all groups of the population facilities for training in vocations, skills and professions suited 142 See annex XXXI. to the developing economy and other branches of activity 143 See annexes XXIV, XXX and XXXI. of the Territory. VII. CONCLUDING REMARKS 229. After almost four decades of administration of 230. The Mandatory Power bases its administration South West Africa under the international Mandates of the Territory on a policy of apartheid and "White System, whose guiding principle is that the well-being supremacy" contrary to the Mandates System and to and development of the Territory's inhabitants "form the Charter of the United Nations, and its goal is the a sacred trust of civilization", the Union of South Africa annexation of the Territory. The Union Government has failed and continues to fail to carry out the obliga has reserved political authority in the Territory, by law, tion it undertook to "promote to the utmost the material to a "European" minority, has transferred a major por and moral well-being and the social progress of the tion of the IVlamlatecl Territory and its resources to inhabitants of the Territory". "European" citizens of the Union of South Africa, has 32 •.. ·v>." .ft resolution con r allocated the bulk of the public funds of the Territory to movals of "Xative" peoples against their wishes and sidering. illter alia, "Europeans", and has reserved to them the larger share when. in contrast to the trend of evenb in other African •f South Africa of of the economic, social and educational opportunities territories. it has reamrmed, II\' resolution of the Senate• is an act of admin available in the Territon'. It has at the same time denied its intention of "presen'ing \\:hitt' suprt'mat'y" in ~outh .ud expressing the to the "Non-Europcan"'inhahitants of the Territory, not \ \'est :\frica. will reconsider its " only a recognition of their paramount interests. hut also 233. The Committee consillers it t'ssential to the l be able to take the right to participate on a hasis of elluality and merit in welfare allll security of the peoples of ~outh \\'est :\frka " him. ... the political. economic, social and educational life of that the administration of the Territorv he altered e' reC011lIllelldatioll.," the Territory. The indigenous "Nath'c" majority of the without tllldut' delav in order to t'lbUrt" the polit kal. o .. ~Voll-E uro /,can" population in particular ha\'c been subjected to un cconomic. sOt"ial :uid cllttt'ational deveJopmt'nt of the :t' final cOllclusions natural restrictions on their freedom of mm'enH'nt and wholt' of the IH)lJttlation awl the application (If the prin llltioll is a7!Gilablc. regulation of their dailv life. and have su!Iered damaging land~ t~) ciplt- of equal rights and opportunities for all of the /IIust ,llO on record re;11o\" MmuIatorv Power i' Ile:diate prerequisite \ ~ le, to improve mId ~ ildren itl particular, l population facilities " ! professions suited i branches of activity . ,j I ", ~s l; its administration ) wtlzeid and "White tes System and to ~ and its goal is the '~.' Union Government t ~ ~ \; Territory, by law, ~ ferred a major por ld its resources to f South Africa, has 33 -" .. and ican late, luth the ANNEX I flea 'fed e:d. Correspondence with the Government of the Union of South Africa thl' ~ LlU- I 1. LETTER DATED 6 FEBRL-\RY 1959 FRO:'.! THE CHAIR On behalf of the Committee on South \Vest Africa, the- t ~ :'IrAN OF THE CO:'.I:\IITTEE OK SOUTH \VEST AFRICA I wish to inform you that the Committee regards the rri- TO THE ::\IIXISTER OF EXTERXAL AFFAIRS OF THE forced removal of the Reverend l\Iarkus Kooper and the llll- UXION OF SOUTH AFRICA impending removal of other inhabitants of Hoachanas tial w.ith deep concern. The Committee has accordingly cur I have the honour to inform vou that the Committee on South \Vest Africa, at its 9'7th meeting on 22 J an chrected me to convey to your Gowrnment its earnest md hope that the GoYernment of the Union of South Africa Iry. uary 1959, decided to request the Government of the , to Union of South Africa to render an annual report in will desist fr0111 carrying out the removal of other resi dents of Hoachanas and will arrange for the return nts reference to the Territorv of South \Vest Africa as prO\-ided by General .\ssen;bly resolutions 749 A (VITI) of the Reverend ::\Iarkus Kooper and his familv to the Hoachanas as soon as possible. - mg of 28 Xovember 1953,851 (IX) of 23 :0Iovemher 1954, , and 941 (X) of 3 December 1955, and by rules I and II ga- j, ect 4' of the rules of procedure of the Committee. 3. LETTER DATED 15 JUNE 1959 FRO"! THE PER:'.fANENT ~ REPRESEXTATIVE OF THE UNION OF 'sOlJTH AFRICA rn- f In accordance with this decision by the Committee ity ~ and on its behalf. I \dsh to invite the Government of TO THE UNITED NATIONS, ADDRESSED TO THE CHAIR .' the Union of South .\frica to co-operate with the Com MAN OF THE CO:'.DIITTEE ON SOUTH \VEST AFRICA the ~ mittee and to render an annual report in reference to I have the honour by direction of the 1Hnister of Ex the Territory of South \Vest Africa as prodded by the ternal Affairs of the Union of South Africa to ackno\vl above-mentioned resolutions of the General Assemblv edge your letter No. TR 220 of the 6th February, 1959, and rules of procedure of the Committee on South \Veit referring inter alia to General Assembly resolutions I Africa. 749 A (VIII), 851 (IX) and 941 (X) and inviting the Union Government to co-operate with your Committee 2. LETTER DATED 1 :'Lw 1959 FRO:\! THE CUAIR:'.!AX and to render an annual report on South \Vest Africa. OF THE CO:\L\rITTEE ON SOUTII \VEST AFRICA TO THE :'IrNISTER OF EXTERNAL AFFAIRS OF THE Tn my communications sent to you on the 25th March, UXION OF SOrTII AFRICA 1954, the 21st ::\1ay. 1955, and the 21st April, 1956,b I conveved to vour Committee the vie\\-s of the Union I haw the honour to state that I have been requested Government ~oncerning the submission of annual reports bv the Committee on South \Vest Africa to inform vou on South \Vest Africa. As there has in the meantime d;at the Committee approved, at its lOlst meeting' on R been no material change in the position outlined in these 23 April 1959, the text of the enclosed draft resolution communications. the attitude of the Union Government which it decided to recommend for adoption hy the nmains unchanged. General Assembly \vith respect to the Hoachanas Kative Reserve. b See A/2666, annex I Cc) ; A/2913, annex I Cc) ; and A/3151, R Draft resolution included in annex In below. annex I (b). ANNEX IT Draft resolution concerning petitions and related communications concerning conditions in South West Africa, approved by the Committee on South West Mrica at its 118th meeting on 11 August 1959 and recommended for adoption by the General Assembly The General Assembl')', Samuel \Vittbooi. Chief Hosea Kutako, Captain H. S. \Vitbooi, the Reverend Michae1 Scott, Mr. Jariretundu H a'ving accepted the advisory opinion of 11 July Kozonguizi, the Reverend Markus Kooper, Mr. J. 1950 of the International Court of Justice on the ques Dausab and others in the Hoachanas Native Reserve, tion of South V\T est Africa. Chief P. Keharallyo, Mr. Jacobus Beukes, Messrs. H a'l.ing authorized the Committee on South \Vest J. G. A. Diergaardt, J. H. Mall, P. Diergaardt and Africa, by its resolution 749 A (VIII) of 28 November others in the Rehoboth Community, J\lessrs. Toivo Ja 1953, to examine petitions in accordance with the Man Toivo and F. Isaacs, Mr. Neville Rubin, and Mr. Hans dates procedure of the League of Nations, Beukes, Having received a report from the Committee dealing Noting that these petitions and related communica with petitions and related communications from Chief tions raise questions concerning various aspects of the 34 • adlllini,;;ratil'l1 of the Territory of South \Vest Africa rl'])or: and ohseryations of the Committee on South r and of conditiolls in the Te"rritory upon which the ";e,;t .:\frica regarding conditil~ns in the Territory, sub Committee has prL'sl:l1ted a report. mitkd to the General :\sst'mhlv at it,.; fourteenth session, , J)ccid,'s to draw the attention of the petitioners to the and to the action taken by the "Assembly on this report. o' ANNEX III Draft resolution concerning the Hoachanas Native Reserve~ approved hy tbe Committee on South West Africa at its 10bt meeting on 23 April 1959 and recommended for adoption by the General I South West Africa, ommittee regards the Assembly arkus Kooper and the bitants of Hoachanas The GeJ1rral .-lssembiy, steps necessary to ensure that the peopl~ of Hoachanas ittee has accordingly a~'iJ1g retained their traditional homeland and to inyestigate overnment its earnest H alttllOri:::ed the Con1l1littee on South \Yest Africa. by its resolution 749 A (VIII) of 28 November their claim to surrounding land, Jnion of South Africa Recalling further that the General Assembly, by reso remoyal of other resi 1953, to examine petitions as far as possible in accord ance with the ::\Iandates procedure of the League of lution 12-!-5 (XIII) of 30 October 1958. approved the -range for the return report of the Committee on South \Vest Africa and ~r I Nations. and his family to Having rccei7!ed the report from the Committee deal thereby endorsed the Committee's decision regarding I ing, inter alia, with its examination of petitions con Hoachanas. cerning developments in the Hoachanas "Native" X othlq 'll'it1z COIlcenl that the Government of the Ro"r THE PEIUfANENT Reserve, "Union ~f South Africa disregarded this decision, and ON OF SorTH AFRICA caused the Reverend Markus Kooper and his family (ESSED TO THE CHAIR Considering that the original inhabitants of the Terri to he forcibly remoYed from Hoachanas on 29 January ~ tory haye an inherent right to continued and unmolested SOFTH \VEST AFRICA 1959 to a site approximately 150 miles away, thereby . residence on their own land, of the IVIinister of Ex depriving his congregation of their minister, that several lth Africa to acknowl l Noting that inhabitants of the Hoachanas "N" ative" residents of the reserve were allegedly injured during le 6th February, 1959, Reserve, sun·h"ors of the Red Xation, or Rooinasie the removal, and that the other inhabitants of the reserve Assembly resolutions Namas, have an inherent right of ownership and pos were informed by Goyernment officials of their impend l (X) and inviting. the session of their ancestrallanc1 at Hoachanas, where they ing removal by force, with your CommIttee claim an area of 50,000 hectares as recognized by agree Considaing 'll'itlz regret that it is the policy of the South West Africa. \ ment \vith the German Government, and that former ::-fandatory PO\ver to remove the "Native" inhabitants Governor Theodor Leutwein, recording the history of from thei~ lands which they haye held as their cwn ou on the 25th March, r his governorship of German South-\Vest Africa from in order to make room fo"r "European" settlers, in e 21st April, 1956,b I 1894 to 1905, stated: "The next reserve was in ~ violation of fundamental human rights and the sacred views of the Union Hoachanas, headquarters of the Red Nation. There, trust assumed lw the Union Goyernment oyer the ssion of annual reports in :902, a total of 50,000 hectares was declared the Mandated Territory. has in the meantime inalienable property of the tribe",a sition outlined in these Considcring the removal of the inhabitants of lIe Union Government Noting fltrtha that the Government of the Union of Hoachanas for a purpose not in conformity with the South Africa reported to the League of Nations in 1923 Mandate or the Charter of the United Nations to be that it had confinned the rights of "Natives" on land contrary to the obligation undertaken by the ~.randatory I occupied hy them under treaties or agreements with the Power to promote to the utmost the material and moral annex I (c) ; and A/3151, former German Administration, \vell-being and the social progress of the "Native" ( Noting that the residents of the Hoachanas "Native" inhabitants of the Territory, Reserve were ordered bv the GO\'ernment of the Union 1. Urges the Government of the Union of South of South Africa to vac~te Hoachanas bv 31 Decemher Africa to desist from carrying out the removal of other , 1956, that the majority refused to leave their traditional residents of Hoachanas and to arrange for the return I land and to move. as directed bv the Government. to of the Reverend 11arkus Kooper and his family to that land found by a government conlmission to he inferior reserve; tions in South West to that of Hoachanas. and that the Administrator of 2. Rcqucsts it to investigate the claims of the r on II August 1959 South \Vest Africa consequently obtained a court order Rooinasie Namas to the original area of Hoachanas. in July 1958 for the eviction of one of the Nama resi of which only 14.254 hectares are now occupied by dents. th" Reverend l\hrkus Kooper. Minister of the them. and to take such further steps as may be neces African :Methodist Episcopal Church. sary, in consultation with the territorial Administra:ion '::utako, Captain H. S. 1 Recalling that the Committee on South \Vest Africa, and the people concerned. to ensure the recognition and )cott, Mr. Jariretundu protection of the full rights of the people of Hoachanas °kus Kooper, Mr. J. in its report to the General Assembly at the thirteenth session, urged the Union of South Africa to take all and the promotion of their general welfare: mnas Native Reserve, 3. Rcqucsts the Government of the Union of South llms Beukes, Messrs. a Elf Jall"e Gouvernellr in Dcutsch-SlIedwestafrica (Berlin, Africa to inform the United Nations on the measures .11, P. Diergaardt and 1907), p. 272. taken to implement this resolution. tty, Messrs. Toiyo Ja Rubin, and Mr. Hans ld related communica various aspects of the 35 I outh ANNEX IV sub ;ion, Draft resolution concerning the withdrawal of a passport from Mr. Hans Johannes Benkes, approved by )rt. the Committee on South West Mrica at its 118th meeting on 11 August 1959 The General Assembl;:, .voting the protests made by the South African Press, HG7.'ing accepted the advisory opinion of 11 July 1950 students of the University of Cape Town, and the of the Tnternational Court of Justice on the question Teachers' Educational and Professional Association in rest of South \ Vest Africa, the Union of South Africa, as well as other representa eral Having authori.::ed the Committee on South \Vest tives of the public in the Union of South Africa, against Africa, by resolution 7-19 A (VIII) of 28 November the action taken by the Union Government, 1953, to examine petitions in accordance with the Taking into account that there are no facilities for Mandates procedure of the League of Nations, university education in South \Vest Africa and that l11as Having recei'l'ed a report from the Committee on "Non-European" students from the Territory find it gate South \Vest Africa dealing with petitions from 1'1r. increasingly difficult to ohtain adequate university edu Hans Beukes, a South \Vest African student, and from cation in the Union of South Africa, eso Mr. Neville Rubin, President of the National Union 1. Is of the opinion that the withholding or with the of South African Students, and drawal of a passport from a qualified South \Vest iing Noting that Mr, Beukes had been granted a scholar African student for the purpose of studying abroad is ship by the Norwegian National Union of Students not only a direct interference in the educational and (Norsk Studentsamband) to study for three years at the the general advancement of an individual but a hindrance University of Oslo, and to the educational development of the Territory of llily N otillg further that 1\lr. Beukes, a second-year stu South \Vest Africa which was entrusted under the lary dent at the University of Cape Tmvn, had been selected Covenant of the League of Nations to the administration committ~e "ebv for the scholarship by a consisting of the of the Union of South Africa. Head of the Department of History, a Professor of eral 2. Considers the withdrawal by the Union of South ring Roman Law at that University, and the President of the Xational "Union of South African Students, Africa of the passport granted to Mr. Hans Beukes ~rve to be an act of administration contrary to the Mandate ~nd- Considering that the Government of the Union of for South West Africa; South Africa granted J\fr. Beukes a passport on 15 June the 1959 to enable him to proceed to Norway, and withdrew 3. Expresses the hope that the Government of the 111ts that passport on 24 June, when Mr. Beukes arrived at Union of South Africa will reconsider its decision and ~\\"n the port of embarkation, subjecting Mr. Beukes to a that Mr. Hans Beukes will be able to take advantage search of his person, luggage and personal corre of the scholarship offered him to study at the University 111 :red spondence, of Oslo. the of the ANNEX V I be :ory Oral hearing of Mr. Fanuel Jariretundu Kozonguizi oral lve" 1. REQUEST BY MR. F ANUEL J ARIRETUNDU KOZON willingness to hear me during the 12th session of the lllth GUIZI, ACCRA, GHANA, FOR AN ORAL HEARING United Nations. :her BEFORE THE COMMITTEE ON SOUTH WEST AFRICA I have, also, occasionally communicated with the urn (a) Cablegram niceived on 15 April 1959 from Mr. Secretary-General on t4e question of South West that Kozonguizi to the Secretary-General Africa. Hoping that my request will meet with your favour EYE SOUTH WEST AFRICAN DELEGATE FANUEL KOZON the and that you will use your "good offices" to enable GUIZI REPRESENTING HERERO TRIBE PRAYS YOU GRANT nas, me to be granted a visa by the UNITED STATES of hy ME PERMISSION TO MAKE ORAL REPRESENTATION BEFORE AMERICA Government. ces COMMITTEE SITTING ON SOUTH WEST AFRICA STOP EYE :ion AM NOW IN ACCRA ON MY WAY TO NEWYORK STOP (Signed) Jariretundu KOZONGUIZI and PLEASE COMMUNICATE REPLY TO ME CARE BOX 921 .l1as ACCRA GHANA 2. COMMUNICATION DATED 13 APRIL 1959 FROM THE (b) Communication dated 15 April 1959 from Mr. REVEREND MICHAEL SCOTT, THE AFRICA BUREAU, luth Kozonguizi to the Chairman of the Committee on LONDON, TO THE CHAIRMAN OF THE COMMITTEE [res South West Africa ON SOUTH WEST AFRICA I am writing to request the Committee on South Mr. Fanuel Kozonguizi whose statement you may West Africa to grant me an oral hearing at which I recall I quoted in a statement before the Fourth Com wish to put the case of the Herero People of South mittee and referred to in my oral statement before your West Africa. Committee last year, is now in Accra and hopes to pro You may remember that in 1957 I made a similar ceed to the United Nations to make on oral petition request to the Fourth Committee which kindly expressed to your Committee. 36 , .. I He appears to be in some difficulty about travel docu Damara, Nama, Herero and the other indigenous ments and I am \vondedng whether there is anything African people there. This was the position before that can be done to enable him to secure an American the advent of the white man. This was supposed to l>.es, approved by visa and thus enable him to proceed to the United be the basic principle on which the Mandate System .959 Nations? You may recall also that the Fourth Commit under the J~eague of Nations rested, or at least that tee expressed a willingness to hear Mr. Kozonguizi at is how the indigenous peoples in South West Africa the Twelfth session. interpret the "Mandate". We also regard the opinions Ittth African Press, (Signcd) Michael SCOTT of the International Court of Justice as confirmation ~ Town, and the of this. In short, the indigenous people of South \Vest nal Association in 3. COMMUNICATION DATED 21 APRIL 1959 FROM Africa regard that-and which is the position-the s other representa CHIEF HOSEA KUTAKO, VVINDHOEK, TO THE sovereignty of South \Vest Africa re~ts not, as has nth Africa, against CHAIRMAN OF THE COMMITTEE ON SOUTH \VEST been erroneously held, with the Union of South Africa :mnent, AFRICA or the League of Nations but with the indigenuus 'e no facilities for people themselves. In other words, it is for the people t Africa and that \Ve have sent Mr. Fanuel Jariretundu KOZONGUIZI of South \Vest Africa to say what they want to be Territory find it as our represe,tative to the United Nations Organiza done with their country, and not for the Government lte university edu- tion and we are requesting you Sir, to grant him an of the Union of South Africa to modify the status of oral hearing together with our other spokesmen (The the Territory unilaterally, even as it has done. This is Reverend M. Scott and Mr. Mburumba Kerina) on the most important effect on the people. :hholding or with behalf of the Herero and Nama peoples of South West .ified South West Africa when he has reached the UNO. As the people read the reports of this Committee studying abroad is • they get the impression, which I hope is the correct le educational and I (Signcd) Hosea KUTAKO one, that the United Nations recognizes the peoples' 11 but a hindrance , sovereignty in South West Africa and the right of the Territory of r 4. ORAL PETITION SUBMITTED BY MR. FANUEL J ARIRE self-determination. > TUNDU KOZONGUIZI AT THE 102ND MEETING OF trusted under the The people read about the United Nations activities the administration THE COMMITTEE ON SOUTH WEST AFRICA ON 1 MAY 1959 in other parts of the world where some principle of the United Nations has been violated or merely felt le Union of South Mr. Chairman, members of the Committee, first, I that it has been violated, for example, Egypt in 1956, Mr. Hans Beukes should like to thank the members of this Committee Hungary in 1956, Lebanon only last year. These matters ry to the Mandate for allowing me the opportunity to address this state were dealt with, with such urgency that some im ment to them. I should also like to expldn the nature mediate effort is made toward a solution and these of my representation here today. It would appear that problems are not left to be debated, with no action ::iovermnent of the I am here to speak for and on behalf of the Herero taken year after year. This increases the confidence er its decision and \ people only, but I want to make it very dear that I am of the people of South West Africa in the United to take advantage here to speak for all the indigenous people of South Nations. yat the University ( vVest Africa, that is, those who are conscious of the deplorable and appalling conditions under which they The people of South West Africa are also not blind live, as well as those so spiritually enslaved under the to the fact that all the issues in which the Union of demoralizing conditions that it has not been possible South Africa is involved seem not to be taken with [ for them to realize what a morally anaesthetized admin the same urgency as the others. istration has done to ;.nem. Do the Members of the United Nations really be Further, I am not here to deliver a political speech, lieve that a people can wait for thirteen years and still but I come here to give an account of the conditions in be confident that something would be forthcoming my country, to mal<:e an appeal, a solemn one, to which especially when statements are made and decisions are I hope the members here will respond, as it is a "Save of such nature as not to antagonize the Government and l2th session of the Our Souls" appeal. The situation has deteriorated to the white people of South Africa? I must point out such a critical extent that only immediate and swift that the people of South Vvest Africa sometimes get unicated with the action can save it. the impression that the issue is treated as one of I of South West Scanning the reports of the Committee on South expedience where pr;nciple has been abandoned. But West Africa we find that sufficient is known here to to them this is a matter of principle and not of ex form the basis of action by the United Nations. It pedience and if we in South West Africa were to : with your favour is my wish to be allowed some time to make a detailed establish that our case was being treated as a matter offices" to enable account of the conditions in my territory, South West of expedience our confidence would disappear. This JNITED STATES of Africa, at a later meeting of the Committee. At the then is the premise of the message I have to deliver moment, I would like to deal with issues which I to the United Nations from the people of South \Vest :undu KOZONGUIZI consider are most pressing. Africa. What I want to deal with now, and which is per To people who are not merely claiming what is [L 1959 FROM THE haps unknown to the Committee, is the nature of the theirs. for instance, political rights, economic opportu & AFRICA BUREAU, situation created by these conditions which have been nity, social equality, but who are actually suffering, ~ THE COMMITTEE very well exposed by the Committee on several occa feeling the pinch of the yoke of oppression as they sions in their reports, and the effect of this situation pull the country to economic prosperity for the minority on the people in the country. It is this which forms whites, thirteen years is a long period indeed. But my tatement you may the basis of my petition. I am going to talk about the people are still confident and they are still entertaining ~ the Fourth Com feeling of the people and the critical situation which hope that the United Nations will help them. But if .tement before your has arisen. they are let dow!:, the next question they will ask 1 and hopes to pro The history of South West Africa is very well themselves will naturally be, what are we going to do [e on oral petition known. South West Africa belongs to the Ovambo, now that the United Nations seems not in a position 37 I , to help us? Patknce and good faith are not limitle;:;;:; hi~ own peollle; so that nothing could be more authentic Government b and once they c1i":J;)pear the ~ituation may become about the .\irikant'r stand. not meant to im'\ocabiy critical. It is this me~sage \\"hich Chief The successor to J ohannes Strijdom is a man more that thev were Ho;:;ea Kutako \\"ould have brought to you had he the straightfor\\"ard. tremendously authentic and fearlessly United 'Xatiol opportunity to come, And this message is a two-fold expressi\'e of the role of the .-\frikaner in race relations. .:\'ations becau appeal: on the one hand, it is an appeal from one '\'ho He i~ a man who oppnly ancI boastfully pttrsucs the path pared to give I is sufiering; on the other, it is an expression of iear of \ ~ .":,;11Ier domination and herrenvolkism even to the John NeseJ of "'hat can Inpp~n \\"hen p:l.ticnce ,lId humour are utl-:r destruction of the Afrikancr him~-:li. He is a 1l1~n :\fric:l, had m exhausted. notorious for his \\"~rtime sympathies for fascisim ancI happened to li This should not by any means be interpreted as a Hitkris1l1, the very evils again:>t which the United he "'as the Ch threat or blackmail to the United Kations but as a Nations e~tab1ished itself as a bastion. I have to say Africn. Addre. statement at a possiLi1i~y from one ,vho is in the all this to show the dangerous association of the Unite~l "You peo situation. Of course, no one could expect a man \\"ho Kations with South .-\frica and that if the United 1\ations back, but vo is no\\" in the late evening of his life to make threats, gives in to the Fnion of South c\frica on South \Vest Africa thro especially a man of the quality of the Chief Ho~ea Africa, the "Lnion of South Africa under Hendrik blood. was Kutako-patient, long devoted to the cause of his people Yerwoerd, it will be creating a ::\Innich-like situation. and then \\'( and countrv. But he is now an old man, a man \\"ho I also wish to show that the United Nations is treading impossible fe has wielded and still wields strong influence amongst on the road to futility if it expects that the Union you can get his own people and who has commanded the respect Government will ever change its attitude as far as South He macIe a pu of all who have known him. But it is an exp~"ession \Vest Africa is concerned. South \Vest Africa today is Herero leader of a foresight, a peep into the future--anything can the experimental ground, it being a fertile soil for all So it is fo happen when this man goes to rest. It can be today, the apartheid policies. propaganda by it can be tomorrow. Toc1ay he is to answer his people So that the point I want to drive home here is that my people wit when they ask, "..hat are we going to do? His a'lswer South .\.frica is deter1uined not to budge an inch. The for the United is that the Umteu Nations will help us. But tomorrow problem before this Committe-:: and the United Nations I see that th it will be another man. His answer might be different. is wbether this determination will be allowed to be rein be taken to tI And for the good of the country he fears that, so that forced without being checked and that as the pace of more, this tim it is his solemn appeal: "Save Our Souls". oppression is accelerated the United Nations will stand merely for an c and stare. Are you then still going to pursue the path To come to 3pecific issues, I must say that these step to us 111 ~ cannot be unJerstood in isolation from the declared of diplomacy and moderation, not to antagonize the that this steD \' policy of ~he Union Government which is the Adminis Union Government while the Union of South Africa from perpet;ati tering Power in South \Vest Africa and to which continues to defy the authority of the United Nations op::nly? the meantime. more than 99 per cent of th~ white population buth taught me that in the Union of South Africa and .south West Africa I had to go all this length to correct the false hope always avenge Rubscribe. The Union Government is pledg·:,d to carry on which the United Nations action is based) that is that in South West out a policy based on white supremacy. That Govern the Union of South Africa might have a change of I hope ,vill be ment is too deeply committed to the white and only heart. of the General electora.te to modify its policy. This policy is all out This is the appeal: the people of South Africa want this moment " repugnant not only to the principles on which the tQ be saved from the irresponsible and atrocious care United Nations Mandate System was founded but to the very prin of the Union Government. And it ;q very urgent be For example, ciples on which the United Nations was established. cause the Union Government is Sl ilgthening its hold sage was read 1 This policy envisages the perpetual domination and on South '.Vest Africa with its propaganda. For is under what ~ enslavement of the coloured races by the white racE'S; example, Br. Blignaut, who "vas here last year as an of Ovamboland in effect, this policy demands the ruthles" repr~;:;sioti of adviser to the L'"nion delegation to the United Nations, all tbonght and movement of the coloured man except Force was us last vear made a state:ntdt to the Herero IE'.1ders. This tIce people of :t if it be in the interests of the white man; it manifests <;tateil1ent is very important. This is '''lhat he said. I no respect fo. :.ll":mity and in its brutal implementa happened to be at the meeting myself and I heard it The \Vindho tion loses ali regard for the soul of the non-white \vith my O\\'n ears. He said, "You people, you have a dangerous de, skinned man; this policy is straightforward in expres been petitioning the United Nations for the last twelve South \Vest A sion, neVel" ~o'ltradictory in interpretation. It is the years. You have been· ,vriting letters to Mr. Scott for issues I want to very po:icy for which the "Union of South Africa stands ti,c last many years, but you never got even a <;ixpence I had a lett indicted before the United Nations and it is the vcrv from th~ United Nations. We here in South Africa have Jannary. I sent policy which metes inhuman and unjust treatment to given you the reserves to stay on and make a living, :Mr. Kerina. In the majority section of the people of .south Africa. yet you still go behind our backs to the United Nations. I must explain The irony of the situation then is, and it is of tre You wili never get anything from the United Nations." Cape Town. At mendous eftect on the people of South \Ve;;t Africa, that Again the same Br. Blignaut told the meeting of the United Nati the United Nations expects that the South African the Ovambo leaders last year: "Look here, you people. Toivo ,vas eiec Government can change a policy to which it is so deeply The Hen,,· people have been petitioning the United thorities. He 'wa committed by the electorate. In fact the South African Nations fOl the last hvelve years, but they cannot even When he got t Government has m~de its stand quite clear on several get a thing out of the United Nations. So don't waste time. These peo occasions: the lr.te Prime Min;ster Johannes Strijc10m your time. Support our Government and you will get the other people defined their stand categorically at Keetmanshoop just everything on the basis of apartheid." ':1.'hat statement not want him t , before the 1958 elections when he said that a change in was made by Br. Blignaut. said he wao, goi the present political set-up in Snuth vVest Africa ,vould Br. Blignaut made another statement this year at a hin to stay on mean death to the white man, amI if they were to be meeting of the Herero leaders; it was in March of this going back to 0 forced to die they would choose to die fighting. This was year. At this meeting he said that all he knew about desirability, he " an eauivocal statement made by a man known for his tlle United Nations and South West Africa was that But they said, straightforwardness rtnd a man of influence amongst South West Africa was hu.nded over to the Union allowed to com 38 • Government hy the League of 1\ations and that it was \H' can see the restrictions placed on people in South not meant to he returned to tlte pcople themselves, so \\'est :\frka as regards movement and freedom to that they werc wasting their time making appeals to the \\'ork. ~\J that 1:(' \Va5 ejectell ag;,in fro;]l \ \'itlllhoek. United ~ations and writing petitions to the Ullited hack to (lv;lm;lu!a\l(l. On hi,.; \\":\\' to O\"amho!and he Xations because the Union Government was not pre had to go throt1~h TSllmeL. This IS what he has to sa\' pared to give in. abollt his stay it') T:mmeb: . lohn 1'\eser, former Secretary for ~outh \ \'est "1 \\"as in the rai1\\-a)" waiting' room in Tsumeh. .\{ric:>, had mad!' a \'ery importailt statement \\'hich I :\ railw;'y policeman, a sergeant by rank, approached happt'ned to listen to \\ ith my own ears..\t the time me and said that he wanted to search my bags. He he \\'as the Chief Xative C011lmissioner for South \Vest abo demanded that I produce my pass. In turn I ."'-frierl. Addressing Herero leaders he said this: asked him to procIuce his certificate of ;mthority to "You people, you are claiming South \V~st Africa search my hags: he simply demanded my pass. lle back. bnt you know very well thJ.t we got South \ \'est tool;: 11Ie to the Police ()fric~ where h~ saiel his Cc'f Africa through bloodshed. Our blood. Afritaner tificate vI·a,.;. and \ve then returned to the waiting' blood, \Va5 shed here on South \Vest :\frican soil, room \\'11ere he searched my hags. Before he searched and then we got South \Yest A.frica. So it is quite my Lags, I asked hi111 \\"11etller it \vas the practice here impossihle for us to give you the country hack. tmle~s to search people's kgs. The reply was in the affirma you can get it, if you like, by bloodshed." tive, upon which I asked hi111 to \\'ait for the other He made a public statement and it was heard by every Ovambobnd-boulld people so that they could he Herero leader whe was there. searched at the same time. He refused to grant this So it is for t~le United :Nations to dismiss this request and he went on searching my bags. I then propaganda by action. I have come here to go back to showed him my pass after which he remarked, 'You my people with a message of hope for the future. It is look smart; are you going to take me to court?' I re for the United Kations to give me that message. plied, 'You are searching my bags now to take me to court.' I see that there is a pending move that South Africa be taken to the International Court of Justice once "I th~n went to town where I met my friends £ more, this time for compulsory jurisdiction and not whom I accompanied to the mineworkers' compound. i merely for an advisory opinion. This will be a welcome In the compound we 3at under a tree and were eating step to us 111 South West Africa, but stilI r must add food when one of the m:ne\'mrkers appeared and told that this sten will not dissuade the Unioil Government us that he had heard from the compound manager 3 from perpet;ating atrocities in South \Vest Africa in that he, the compound manager, had been called to 5 the meantime. J\Iy experience with these people has the Police Station and had been told that a dangerous taught me that where they stand indicted is that they man was around town and he was asked to be on the e always avenge themselves on the helpless. So while we lookout for this man. The compound manager was t in South VV'esl- Africa do welcome this legal step, which further told that this danferous person should not £ I hope will be taken without delay at the ne.xt session be allowed in the compound or in the compound area of the General Assembly, there are pressing issues at of any of the mineworkers. t this moment which call for immediate action by the "I immediately left the compound area and \vent e United Nations. back to the station waiting room. There a chap, whom For example, at this moment Mr. Toivo, ·whose mes I suspected to have been put there to watch me, told d sage was read here last year by Mr. Mburumba Korina, me that the police had been there 1001{ing for me. ~mounts l' is L11lder what to house arrest in his homeland "On 12 December 1958, having heard that the n of Ovambolalld. buses for Ovamboland would be leaving on Monday, ;, Force was used and further force is imminent against 29 December 1)58. I decided to call at the Native .5 tl,e people of Hoachanas. Commissioner's Office to fix my stay in Tsumeb. At I the ::\ative Commissioner's Office I was given per It The \Vindhoek Location removal issue has reached a dangerous deadlock; the general political situation in mission to rel1:.ain in the Urba!1 Area of Tsumeb, but e I Wus told that I would need a special permit to visit ·e South \Vest Africa is explosive. These are the three the Location. 11' issues I want to deal \\'ith this morning. :e I had a letter from ]1,11'. Toivo sometime hack in "From there I accompanied three of my friends to 'e January. I sent this letter to the United Nations via the mineworkers compound. \Ve sat tnder a tree in T Mr. Kerina. In this letter Mr. Toivo s~ys this. In fact, the compound but not inside the enclosure. Hardly "5. I must explain ,vhat had happened. l\Ir. Toivo was in three minutes had passed and a chap came along" and " Cape Town. At the end of last year, after his message to said his boss wanted to speak to me, and I asked him the United Nations had been read1w Mr. Kerina, Mr. what I had to do with his boss. He asked me to talk o '-. Toivo was ejected from Cape To,y:n by the local au to the boss myself, upon which I accompanied him to .cl thorities. He was told to go back to Soath \Vest Africa. the compound manager's office. The manager asked ~n \Vhen he got to vVinc1hoek, he stayed there for some me what I was doing in the compound. I told him te time. These people, the Chief Native Commissioner and I had gone to see m)' friends. He asked me whether :t the other people in the Native Affairs Department, did I had a permit. I said, 'Ko,' and he said he was It not want him to go back to Ovamboland because they having me arrested for trespassing. The police then said he \Va~ going to poison people there. They wanted arrived and took me to the Charge Office where I hin to stay on in Windhoek, 1,ut he said that he was was told to wait while they took the statement from a t~ken IS going back to Ovamholand and that later, if he saw the the mineworker who had me to the office. After 1t desirability, he would come back and work in Windhoek. this they went with me to the station to fetch my Tj,~y at But they said, "Well, in that case you would not be bags. unpacked and searr.hed them. I spent the m allowed to come back to \iVindhoek." Of course, here rema;; ..'. of the 24th, the remainder of the day, in 39 leave Ovam Day and on 26 Decem structed that I should not be allowed to prison, and also on Christmas :\Ianv trial. boland aga;n. ber in jail, awaiting with 111";; ( I asked "On 6 January 1959, the Native Commissioner in "On 27 December I appeared in court. 110" sent for the Chief and handed me over allll c why the other three friends of mine who were with Ovamboland to the Chief for trial. He told the Chief that I was a :\larlms me" in the compound and who were not mineworkers had heen and I troublesome man. a rebel against them whose aim were not arrested. This question \yas ignored, WI Vhel~ take over the leadership of the tribes from lll'ople was fined £ 2 or twenty days in prison. \ I was to , them. .situation. wanted to pay the fine, they refused to take the the (;oye But the pass "At the Chiefs kraa1 I was tried and it seemed that money and instead demanded my pass. That IS \ not find me ,£uilty. Nevertheless. per had heen taken from me when I was sent to jail for the Chief did is where also ignored, and haps to please the authorities I am not allowed to go the first time. This explanation was :;omethin,..,U' have been under the supervision of I was taken into custody for being without a pass. to my kraal and , Kooper h I spent the week-end of the 27th and 28th of De one Counsellor Kambuta. hi.s peopl{ before the Native Com cember in jail. "I am supposed to appear • allll a:; fal December 1958. I appeared in Court for missioner on the 15th of January." l'OlIsidl'l "On 29 he appeared I time. The police a.,ked me to pay the In fact the latest information is that my appea the second 15th and he but I wanted to see the Magistrate before the Native Commissioner on the cannot w, previous fine, report to ) the fine. They told me that I could was allowed to go back home, uut he has to before I could pay he cannot Now cc I paid the fine. Otherwise I would the Native Commissioner every morning and not see him before to make t that thi:; I was freelv. So that is the situation and I have I spend another day in jail. At this stage move I have to I read this letter, Yery expl a document signed by the Magistrate and some cO!1ullents 011 this, because when ; shown on it to find out whether near futu under which I was to be taken to Ovamboland under I went and consulted a lawyer l that Magistrate. The lawyer their rem police escort for not having a pass. I was told that there was a case against was a white man. He told me r' months, b the authorit'es in Cape Town had no right of giving was in \Vindhoek and he case to be made out of this, ~ i,; the fact me a pass to Ovamboland. I \vas then sent back to that there was certainly a I should know th<'..t there is together. jail until the 31st. but he reminded me that not'.-white man in South \Vest Africa, people of 1st 1959-New Year's Day-I was no justice for the ~ "On January now that I was to have a case agai:1st a move. Th to leave for Ovamboland Oil that day. that especially told that I was I could not expect any justice what • to he hrat was produced which I had to sign Magistrate, that A document he would advise me not to proceed with The GoY{ the receipt of all my property which soever. So that acknowledging thing. to 1110ve , taken from me when I was arrested. I re the whole had been and of course I knew Thev me to sign as my pass was not amongst the articles Of cot':se, I took his advice, fused I had had a previous expe people ha\ ded back to me. I was told that the pass did not that even before because ha- was a Magistrate who had reached a on the list of articles they had in their poses rience. In \Vindhoek there appear before him. The lawyer I was t I refused to sign as I remembered well that I a case where Hereros appeared sion. case. After that the Magis called by had handed in my pass and the experience of the for the defence argued the judgement, said: with the 1 previous Saturday was still fresh in my mind. They trate himself, in passing me here ; ~ the capi then told me that I was cheek'}' and as such I WetS "Yes, I can see that the people before I know that the Hereros are stubborn the J\Iavor going to be sent to jail again. are Herero and ~ll and they are people who always like to make [ doing 2nd I appeared in Court. This time people "On January Just because of that, I have to find them I must tel accused me of attempting jailbreaking. trouble. the Magistrate guilty." This is wl The man in charge of the prison supported the Mag ing to him with my own ears because it i and said that I had spent the night banging This, of course, I heard istrate case. That is why I say that the :. In fact I the doors of the cell. The Magistrate then said that was a very popular such that we in South West Africa do I European I was supposed to be in prison as I had left for Cape situation is now has to what to do unless we can get help say Town without authority, and he threatened to send not really know Nations. It is just for that that I have other Pl'O me to the Grootfontein jail if I would not obey his from the United tell vou tc find out really whether wc can be helped instructions. I told him that I was not looking for come here, to to Nations. happen trouble; all I wanted was my pass. The Magistrate by the United happened bad and deterio ordered me to sign the document acknowledging the The situation in Hoachanas is also the l11a'1 le my property. I refused to sign it. The rating. This year force was used against the people receipt of the alld explai told me that my pass had been in his of Hoachanas. Chief Hosea Kutako sent a cable to Magistrate then if he he had sent it to the Chief Native United Nations that swift action had to be taken But possession and had to go , Office in \Vindhoek because it was the people in Hoachanas were to be saved. Commissioner's situation \\ The Magistrate then said that he would what happened on that day because I was not in order. I remember to intervel to take me to Ovambobnd by force, The police had gone to work on us tell the police still in \Vindhoek. case I am and that I should report any missing articles to the and they used force against the people. They went with in Ovamboland. He further rifles and what we call kerries. These the people Native Commissioner their bavonets. especially added that if I wished I should tape record every were used against the people. Reverend Markus Kooper, I got in Tsumeb is inexplicable; the African Methodist Episcopal Church, forthconlin thing-the treatment Minister of is go are horrible; there is no justice in by force to a place about 150 miles from what conditions in jail was removed at the be in Tsumeb are sometimes sent to The same night, when news was received Tsumeb; people Hoachanas. l11e to deli And I was further told to send all I had to take a car and went to Hoa jail without trial. in Windhoek, the possibi United Nations if I wished to. I myself. I saw thinrs for myself. I had to go at information to the chanas that fear of was then sent back to prison until the 5th of J anllary. night.. I saw the people who were injured. The Press except that here and thing'S get I was hustled into the Ovam did not say a thing about them "On 5 January 1959, one man whom they said escort. In Ovamboland the there they had a picture of Finally, boland Bus under Police tee, I am told me that he had been in- claimed had been injured. Native Commissioner not hesitat 40 )vam- ~ ~ran'y people had been injured there. I saw them ior IlCing in~pired hy ianatical dogmatism in ruthle~sly ner in with my own eyes. ~lln1l' of them were seriously injured suppressing my people in South \Vest Africa. The e over , aIIII no care was gi\'l'n to them. This man, RC\'l'rcllll South ~\frican (.~overnment has transformed our country was a :.\Iarkus KnoJll'r, was only removed aiter the people into a huge concentration camp and our people into ie aim , had he"n overpowered. 1t was actually a hattle. The slan'~, in the name of its exclusi\"e policy oi white , from , Jleople \voulu not give in awl that is the crux of the supremacy. situation. The people ;lrl' dell'rmined not to move and The iniormation dOUllllents \\"hich ha\"e l)('en com ~U that .. the t ;o\'l'rllment is determined to mO\'c thc people. pi!l'd hy tIll' Committee on ~outh \Yest c\friC'a-that is s, per- That is where the situation hl'COli1('S critical and that this l \Jl11111ittee-havc shown ohjecti\"dy that conuitions l to go is where the United l'\ations has to come in and do for the c\iric;ms oi South \ \'est Africa have deterio ,ion of • something about it. c\s it is nO\v, Hen-rend :.\larlms rated to such an extent that the peor1e \,'ilI nm\" seek , Kooper has heen n'movcll from his congregation and any means of relief for themsel\"Cs. Let me end up by his people. His congregation is left without a ::.\linister : Com- saying that 1 would \"Cry much like to request the Com • amI as iar as I am concerlleu, it is a very serious thing. mittee to grant me a hearing at a later session in the I consilkr that a hasic principle has heen violated amI Ipeared year, where I will ~iw a detailed account of conditions my appeal is that Mll1lething has got to he done. \Ve in South \\"est .\frica and where I hope to make a full md he cannot wait until it is too late. port to ) report of the later developments in ~outh \Vest Africa callnot Now coming to the \Vindhoek Location, I 11111st say -so that the Commitke would be in a position. when t that this is anotlwr serious issue which will create a it reports to the next session of the General Assembly, ) make I I very explosive situation in Sl'tlth \Vest Africa in the to really understand the nature of my appeal, because i letter, ~ ,hether near future. It has heen reported in the papers that it may be Yery difficult for them to understand the I situation in South \Yest .\frica. The situation there is lawver t their removal has heen postponeu for another fiiteen old -me r months, hut this is not the ('ase. \Vhat is important here serious indeed. of this, ) is the fact that in this matter people never seem to come Thank yOU wry much, J\1r. Chairman. here is together. They never come together to negotiate. The Africa, ~ people of the Location say that they do not want to 5. COMl\IL'KICATIONS FROM l\IR. ]ARIRETVNDU KOZON ;ai:lst a I move. They want improvements and better conditions GUIZI, LONDON, RELATING TO A FURTHER ORAL : what- • to be brought about where they are at the present site. HEARIN(; BEFORE TIlE COl\DIITTEE ON SOPTH V/EST ~d with ~ The Government, the authorities, sav that thev have AFRICA to move and they never say \,..hy th~y have to· move. I knew They merely say that in the name of apartheid these (a) Communication dated 2 July 1959 froll! Mr. Ko ' expe- people have to move. I think that this matter has now :::ongui:::i to the Secretary of the Committee on ha had reached a very explosive deadlock. . South West Africa lawyer \ I was there myself one day at a meeting which was I am writing to request the Commi~tee to hear my Magis- ( called by the Advisory Board to discuss this matter testimony on the conditions that obtain in the Territory with the major or chief citizens of Windhoek, which of South \Vest Africa at its next meeting. Should this le here i~ the capital city of South \Vest Africa. At this meeting be granted it is my wish that the Committee communi tubborn the :Mayor, a certain Sryman. stood up and said: "I am cates this, on :llY behalf, to the United States govern o make ( doing all this for you and you do not want to move. ment through the U.S. Mission to the V.N. so that I d them I must tell you that I cannot just stand any nonsense." can obtain a Visa to enter the V.S. from the Vnited This is what the Mayor was saying. I was there listen Kingdom where I shall be as from 11 July 1959. ~ause it ing to him. He went on: "I cannot stand any nonsense. My application for a Visa will be made through the ;. In fact I am known in town"-that is amongst the V.S. Embassy in London and my address in London :hat the I Erica do I European people-"that what I say is law and what I will be: C/O Africa Bureau. 65 Denison House, Vaux ~et help ) say has to be done, and I am even known amongst the hall Bridge Road, London S.W.I. :I have other people that I am a man of action. And so all I I hope that my request will be granted. ~ helped tell you to do is to move before anything worse can happen to you." That is what he said. In fact what (Signed) Jariretundu KOZONGUIZI happened that day is very serious, because after that pol~esman deterio- S of the H erero j the ma', left and the people had to call on him to come people People of South West Africa and explain what he had to say. e to the (b) Cablegram receh'ed on 28 July 1959 from 1Jlr. But he did not want to come back and the people taken if K o:::ongui:::i to the Chairman of the Co111 mittee on had to go and manhandle him. I could see that a serious South TVest Africa: ;e I was situation was developing. But somehow some people had k on us to intervene and the situation was saved. But in any UN1.BLE APPEAR CL'RRENT SESSION OF COl\fMITTEE ent with case I am saying this to poi.nt out really the temper of WRITTEN PETITION FOLLOWING"-KOZONGUIZI i. These the people of South West Africa. I must say that Kooper, especially amongst the Herero people, if no action is 6. COMMUNICATION DATED 25 MAY 1959 FROM MR. Church, forthcoming in the immediate future, I do not know T. DAUSAB AND OTHERS. HOACHANAS NATIVE RE b les from what is going to happen. That is the message, as I said SERVE, TO THE SECRETARy-GENERAL received at the beginning, which Chief Hosea Kutako wanted me to deliver here. That is, th:-t there is that fear of We the petitioners of the Hoachanas Reserve on be to Hoa- half of the remnants of the Rooinasie and other victims to go at the possibility that it might be c. :astrophic and there is le Press that fear of what can happen in South \Ves'. Africa once "A pet:tion dattd 24 July 1959 was subsequently received lere and things get out of hand. from the Reverend Michael Scott and Mr. Kozonguizi (see rrey said Finally, Mr. Chairman and members of the Commit annex X). b Transmitted to the United Nations, together with the peti tee, I am aware of the difficulties ahead, but I must tion reproduced in annex XXI, by letter dated 3 July 1959 not hesitate to criticize the South African Government from the Reverend Michael Scott. 41 .. t,f the L'nion GJYCrtll1l~1lt's cursed polic.... t1f \ Vhitl' Xations Committecs and the Gencral Assemhly. Suprcmacy, the XanKl. Herero, Oyamho, Damara and Thanl~ you in auyance. others hercwith appoint the Rey. ::\Iichad Scott together with :\1essrs. Ph:umel Jariretundu Kozonguizi and Your::; for all oppressed ::\lburumba ua Kerina as our spokesmen in the United (Siglled) J. DAusAn and others BIi ANNEX VI C0D1municatio~9 relating to a request for an oral bearing by lUr. Hans Joballnes Beukes before the Committee on South 'Vest Africa • hy UIl 1. RADIOCRA~l RECEI\"ED ox 15 JULY 1959 FRD:\f 1fR. ) TELEGR,\:ll RECEI\ED UN 21 TULY 1959 FRmf THE , BEeKEs, SEROWE, BECHeAKALAXD. TO THE (O:lf i{E\'EiU:NrJ ::\lrCI1.\E1. SCOTT, LGNllON, TO THE ) .-\ft CIL\llDl.-\X OF TIIE CO::\DIITTEE OX SoeTH \VEST :lIITTEE OX SOl"TI! \VEST A.FRICA I .-\FRICA I REQeEST PER:·rISSIOX TO APPE.-\R BEFl~RE CO:lDIITTEE ) TO TESTIFY ABorT COXDITIOXS RElIOBOTH CO:lDfeKITY IIAKS HEFKES HA\"E ASKED :lIE TO REQUEST YOFR ,\ND ])',FEXD :-f\" fETITIOX" RFCARDIXG WITHDRAWAL CO::\DlITTEE GRANT lIDf HEARING STOP P1.E,\SE REQUEST PASSPORTS BY SOeTII AFRICAK GO\"ERN:lIENT STOP nSA CS Al"TIIOlUTlES AND AD\'ISE ME 1I11CHAEL SCOTT PLEASE FORWARD CREDEXTIALS so :IfAY PROCEED DI TATEGALLERY 0701 :lrEDIATELY TO rXITED NATIOXS STOP BEEN ALLOWED 3. RADIOGRAM RECEIYED ON 31 JeLY 1959 FROM l\lR. TE:lIPORARY STAY AT CARE SERETSE KHA:lIA BOX 80 1 DECKES, SEROWE, BECHFAKALAND, TO THE CoM of SEROWE BECIIFAJ:';ALAXD :lIITTEE OX SOCTII \VEST AFRICA Gel lGKDLY POSTPONE HEARING AWAITING US TRAVEL .. Se n Se~ annex XXXI. VISA BEFKES fro of and ANNEX VU XX b Communication dated 17 l\'Iarch 1959 from Mr. M. Kerina (Getzen), New York, to the Secretary of the Committee on South West Africa relating to oral hearings before the Fourth Committee I have been requested by the Ovamboland People's Chief P. Kahavanyo Congress to inform the Committee (n South West For the Exiled Herero People in Bechuanaland Africa that the foilowing people in South \Vest Africa P.O. Zehitwa, Via Francistown, Lake Ngami wish to be heard before the Fourth Committee of the fourteenth General Assembly due in September 1959. Bechuanaland, Central Africa Mr. P. Kozong\vizi i\Ir. Toivo Ja-Toivo I end For the Ovamboland People's Congress P.O. Box 1034 Windhoek, South West Africa mis P.O. Ondangwa him Ovambo'and, Soudl ·West Africa Rev. Hamtumbangela Afri Re\. ::\Iarlms Kooper For the Ukwanyama. People of t St. Mary's Mission • I For the Hoachana People Ukwanyama Ovamboland, South rVest Africa clo B. Gutsche, P.O, Box 902 n \Vindhoek South West Africa Rev. B. G. Karwaera recei anne Chief H. Kutako African Methodist Episcopal Church Mission ..,. For the Herero People P.O. Box 224 Omaruru, South rVest Africa P.O. Box 1034 * Windhoek, South West Africa (Signed) M. KERlNA ( ~ Peti W in S refltS of t the 42 , - 1)'. ANNEX VllI Petition dated 29 April 1959 from Chief Hosca Kutako, Windhoek, South West Africa, l'd to the Chairman of the Committee 011 South West African : and others Inc10sed please !lnd a copy of a letter from 1\11'. B. 2. In vie\\" of the fact that our Covcrll1uent of the Blignaut, t11:' so-called Chief Eantu Affairs Commis LTniml d ~ollth :\irica does not recognise the :\u sinner for ~outh \Vest .\frica, returnil1~ our petitions thori~y of the l'nited Xations on al!,\' matter concerning t,) the Secretan' General of the Unite,' Nations sub Sonth \\.~st .\frica yom peti:ioll is nnt trall~mitt('d as lkes mitted to llil1l f;)r transmission. rcqueskd but is returncd herewith. The Gnn'rnment is Consequently. the procedure of giving the petitions being ininrmed of my refusal to ;lccede to your rcqucst. In' us to the Authorities for transmission seems to he 3. .-\t the same time I "'ish, to point onto once ull\vorb.1Jle. more, as h~s been (kne on many pnTious occasiol1s, FRO:'.I THE \ Ye therdore, request the Committee on South \Vest that should you haw any ll'aW', or c0111pbi11t \\'hic11 ;, TO THE Africa to acc~pt our petitions direct from us. VO!.l mav wish to hrin~' to the noticc of the Government ,enI \YEST ~r (Signed) Hosea KUTAKO the Departmcnt tlll:;mgh me or direct you haVe' never been refu:,cd to do so. ~.Iy ofnee Ins ahYays been open to IUEST YOUR Enclosure you or should you wish to complain to or consult His Honour the Admini:,trator in his capacity as Adlrinis SE REQUEST Copy of letter datt'd 25 April 1959 from the Chiff Bantu trator or as a 111e111ber of the Bantu Affairs C0111mis "IAEL SCOTT Affairs Commissioner for South VVfst Africa to SCllioi' H Cadll1lll! H osea Kutako sioner and representative of the Honourallle the l\iinister for Bantu Affairs every opportunity \dll be FROM MR. 1. I wish to acknowledge the receipt of your letter afforded to you to do so as has bee11 done in the past. THE C011- of 3 April, and attached petition to the Secretary 4. Neither YOU nor any of vour advisers have. as General of the United Nations, Kew York dated 24 far as I can recollect. ever approached me to find out b US TRAVEL September 1958. what the facts arc ahout Hoachanas which I am sure n Received together with the petition dated 29 April 1959 vou could not have ascertained correctlv fro111 the Rooi from the Reverend Markus Kooper (see annex XX) and a copy ~asie Namas who were in the too distant past still of a letter dated 28 February 1959 from 1\fr. Louis Nelengani your hereditary enemies. and others to the Chief Native Commissioner (see annex J{J{III, item 2 c). (Signed) Brmver BLIGNAUT b For text of the petition see annex J{L Chief. Bantu Affairs C Jl11tissio1/eY for S.W.A. I. tary of the tee ANNEX IX naland Petition dated 4 May 195~ from the Reverend Michael S~ott, The Mrica Bureau, London, ~gami to the Chairman of the Committee 011 South West Mricaa I have received a letter from Chief Rosea Kutako against the Reverend I\Iarkus Kooper, ,YiII ensure that enclosing a copy of a letter from the Chief Native Com the United Kations takes finn action to vindicate its missioner returning their petiton which they had asked position vis-a-vis the Territory and your petitioners, him to forward to you, on the grounds that the South who are presumably being victimised in the most brutal African Government does not recognise the jurisdiction manner on account of the trust they have placed in the of the United Nations. United Kations. - I trust that this, together with the action taken I enclose copies of the petitions v;hich they had lfrica asked should be forwarded to you, as well as a copy n The correspondence referred to in this petition was also of Mr. Blignaut's reply to them. received direct from South \Vest Africa and is reproduced in annexes VIII and XX and item 2 c of annex J{XIII. (Signed) Michael SCOTT ;SlOn ) • M. KERINA l ANNEX X ( Petition dated 24 July 1~59 from the Reverend Michael Scott and Mr. Jariretundu Kozongnizi, London, to the Chairman of the Committee on South West Africa \711 e have been considering the position that has arisen tradiction of the United Nations Charter, the advisory in South \Vest Africa as a result of the long contim'ed opinions of the International Court and resolutions of l refusal of the South African Government to accept any the General Assembly have continued to be passed each of the recommendations of the United Nations during year; culminating in the refusal of passports to enable the past twelve years. Measures that are in direct con- students to study and the eviction of African people I 43 • , fmm I Ioadlana~ and other place~ to whkh they ha\"t' to uphold the dignity and worth of the Charter of the hlllg estahIishelI rights of tenurl' and occupation. United Nations and the authoritv of International law. Oflil'ials of the :-;outh .\iril'an l ~On'rnl1ll'nt are now \\\' haw a~kell that the l'L)mpul~Llry ~uris\lktion of the engaged in actin'ly pfl)moting disillu~ionment and mi~ Court he sliught for the past tin' year~ hut thi~ request trust llf tIll' 1. 'nitl'll ;\atiol1s amollgst the peopk' of ha~ not hl'l'n t'omplit'(1 with allll \\"(' feel now that there :-;lluth \ \.t'st .\fricl, using- the failure of all our appeal~ is no otlll'r cour~e open hut to reque~t ;\Iemhl'r States tl~ l~t'n'llnstrate thl' futility of petitioning tIlt' l.'nited to tal,e steps to render dIel,tin' the n'commellllations ;\attl)IlS. of tIll' .\ssl'mhlv that have alreadv hl'en made lwer so \\'l' h:t\"t' tl1l'rl'illl'l' bl'l'n fllrl'l'd to tIlt' condusion that h11lg a period. . . the timl' has np\\" l'Ollle It) ask thl' l'nitl'II X at ions anti \\"t' trust that your l\1!1unittee will give careful con its :\1l'llllwr 'statl's to takt' serilllls a,'lion to implement ~ideration to this appn1\"al. its resolutinns anll tl) ask that the appeal of the .\frkan ~ational l \l1Igress il)r a hlly.:utt oi 'slluth :\frican gonds (.\'igll('d) fllkhael SCOTT sl1l1ultl lw unlIt-rtaken hy all :\ rl'mlll'r :-;tates who wish (Sipllcd) F. Jariretundu Kozo:\GnZI ANNEX XI Peiition dated 24 September 1958 from Cltief Samuel Wiubooi, Cltief Hosea Kutako and otlters, Windltoek to tlte Secretary-General On behalf of the ::'\ ama and H erem trihes of South for Kon-European settlement. though the Europeans \Vest Africa. we ask the United Nations to send an im are less than 12 per cent of the population. partial Commission to South \Vest Africa immediately The practice of ejecting the Non-Europeans from to inwstigate the impending removal of the Nama peo their traditional lands in order to make room for Euro ple of Hoachanas from their traditional lands. peans is not new. It started when the Union of South The High Court of South \Vest Africa decided in Africa became our trustee, under the League of Na favour of the :\llministratioll--that the people be re tions. The following are the lands from which the Nama moved and the S.\\". Administration appointed 16 people were ejected hy the Cnion of South Africa: September as the final dat\:' after which date the Gov Gibeon, Karasburg. Bethanie, Maltahohe, Berseba, ernment will take steps to effect their removal. Gobabis, Batz, Keetmanshoop. The United Xations is requested to send a Commis The following are the lands from which the Hereros sion to come and investigate whether the removal is in were removed by the Union of South Africa: conformity with the principles of the :\Iandate System. the United Nations Charter and the Universal Dec1a \Vaterberg \Yest, Ozongoho, Otjomapenda, Augei n1':';on of Human Rights. The people of Hoachanas were kas, Ortlmbo, Okatmnba, Otjimbondona, Scheidos, not represented in the court case. Okaruokape, Otjiunde, Okakurame, Ongondavi rongo, Orutekeruavahona, Okapendje, Okamu A thorough investigation by a United Nations Com raere. mission into the removal of the people of Hoachanas from their traditional lands and the proposed mass re \Ve noted with gratification the decision by the Com moval of the Non-Europeans in Urban areas-the so mittee on South \Vest Africa which urged the Union called Native Locations to new sites, to make room Government and the Administration to take all steps for European settlement, is absolutely essential and necessary to ensure that the people at Hoachanas retain ,vould once and for all settle the ejecting problem. their traditional homeland and to investigate the claim of the Namas to the surrounding land, pending further \Ve do not consider that justice has been done al study of the situation of Hoachanas hy the COl11l11ittep. though the case has been decided by the High Court, on account of the fact that the High Court decides in We made it clear to the South West Administration accordance with the laws passed by the Legislative that we refuse to be removed from our lands, and we Assembly which consists of Europeans only in a coun are determined not to move. .. try where there are only 66,000 Europeans. \Ve need not repeat that the Government told the The Nam ~ Charter of the ANNEX XII :lterllational law. Iri~Jktion of the Petition dated 14 October 1958 from Capt. H. S. Witbooi, Gibeon, hut thi~ request to the Chairman and members of the General Assembly 1uow that there ~lell1ber States 'l'l'l11l1melHlatinns PETITIO:-; tl'lld~ to he a Chri~tian and democratic one. 1row i~ it eIl~la\"i.'ll. 'n Inadl' oyer so Your l111mble sen:l1lt heg to suhmit these petitions possible to he exploited and to be on IJl'hali of the mlll- Eurnpean inhabitants of the :1\lan (d) \\\' herewith inform the General :\ssemhh' that again~t ~in." carl'iul con- dated Territory (S\\.:\). we are the alllll'xation of S\\':\ to the lh1ion of S..\. as \Ye told tl1l' onidal~ too. fir~t In tl1l' instance. we beg to inform the General Hamu~" .·~~~elllbly \ cl \re are forced III bl' .. while we are not ) :Michael SCOTT that we agree with all the other former peti ~ tHlll~ macle hy the inhabitants of S\\'A. Hantu bv birth. \Yl' are the ama with our own lan ndu Kozo:\"l,nzl guage mid we cannot Ill' da~~ilied otherwi~e. But we \\\' fnrther relJuest that do not know \vIll're \H' are da~:;iliel1. (al The \\'HOLE S\\'.\ ~hould he placed under (f) Another thing is abon' our mental ~etl1l'itv. That the control of International Trusteeship. It is not our is the labour only' with contract. \Vhilc the c~)lol1l'ed ~ugge~tion that it ~hould he divided. people (our children) are 110t bound ll\" any contract. de~pised d01ired~- (b) That our ~\.l\LE. priYate schools be recognised \Ve are sen'rdy by the \dth the con.tract. There are rights and privileges for doureds ) and others, and sub~idi~ed hv the UNO. For all the ten-vearlv ~truggle~ and appiications made hv the memhers of th'e which we do not enjoy: .,\frican :'lethodist Episcopal Cl1urch for recognition 0) They are exempted from the pass-law throughout. of their ~dlt'(11~ an' not taken into consideration at all. (ii) They can mon' freely. the Europeans Only bec:lu~e of their dark skin and colour. I\lav all (iii) Have the right to purchase land and farms. ~ame Itioll. the children elljoy the educational rights' and (h') Unlimited educational rights and privileges. privilege~. Europeans fro111 Cv) Enjoy all human rights. ~ r00111 for Euro- (c) l'ntiI this moment. nothing has heen said and Our llon-Eurllpnn captains and head-men are under LT nion of South dmw bv us in connection with the lamentahle situation \~'hich prevention to ruk their own people as leaders. They League of N"a with the popnlation of Hoachanas reserve are only have to tell them what the wit baas (white master) ~uffocated. which the N ama \\'e were of the opinion that their true fun dictatr them. )outh Africa: damental reasons should be taken into consideration. Finally. we request the UNO to place the Mandate tahohe, Berseba, I u~tead thereof, the National administration force them to mow from the;r birth-place so that white man may under the direct control of the I"'TERNATIONAL TRUSTEE be placL'd there. This applies also to all non-Europeans. SII II' at once with another leader approved and recog lich the Hereros According to ~1r. Allen. the former chief Native-Com nised by the UNO. {Hherwise we are lost. Africa: mis~ioner, all the inhabitants of Soromas-Neubof and \Ve are conscious of the fact that our living will be napenda. Augei Krantzplatz reserves are also to be removed. It means more gTievous, we may be arrested at any time. But 'nclona. Scheidos, that there is no permanent dwelling for the Inhabitants. we co~I1d not do otherwise as to cry for help. Plea~e me. Ongondavi Therefore sCJmething must be said by us. During the consider the cry of all the oppressed non-European )endje, Okam11- past 38 ye to the Chairman of the Committee on South West Mrica 111 T aw received a letter from Chief Hosea Kutako relying on force for removal. They ignore all the containing some information which he has asked me to pleas of the People." ta comnnmic:lte to you; the following are the relevant p Petition dated 18 February 1959 from Mr. J. Dausab and others, Hoachanas Native Reserve, to the Secretary-General \Ve wish to draw vour attention to the action taken an ejection order would be issued against the other by the South \Vest .A.frica Administration against the inhahitants within a short time. people of Hoachanas Reserve. 1 In the light of this grave situation in Hoachanas we tive In our former petitiom'l we informed the United N a ask the 'Cnited Nations to do something to safeguard tions Organization about the intentions of the S.\V. the the well-being of its inhabitants and to consider the need con Africa Administr:ttion to remove us from Hoachanas. for acting without further delay in the matter by taking On 29 Tanuan" 1959. the Administration enforced its ecOI u~ such measures as are possible and feasible to avoid fur aho \yill against by rcmoving a leading member of the ther bloodshed. community, Rev. ~Iarkus Kooper and his family. This con was done in a most ruthless, cruel and humiliating (Signed) J. DAUSAB J. F. KOPPER at manner as will be shown in the folloviing rrport: S. KooPER M. NOEDEB diti A detachment of police headed by Col. N. J. Dorfling T. DAUSAB S. NAKONE mea South \Vest Africa Police Chief. armed with riflrs ;::~r~ G. PIENAAR J. HOWESEB to bayonets, a machine gun, spears and batons was E. A. TASEB A. Nuc ,\NAB and mirchecl upon us demanding the arrest of Markus indi C. KoePER M. HANSER wh~ Kooper and members of his household. \Ve st"onr-Iv NAKHOM N. BLOOTSTAAN J. seri objected to the arrest after which the police attacked M. KOOPER F. GOAGEB as p us injuring 18 men and 7 women. Thereupon ]\'[r. S. JANTZE H. HAPBAB Kooper and family were forced into a lorry and dri\'en E. P. AFRIKANER Frans N AKHOM ,,\ to Itsawises. A. GARISEB J. RODI the The officials then stated, expressly, that Rev. Kooper R. GARISEB J. NUGANAB was to be banished from Hoachanas for good and that S. HOWESEB J. CLOETE a 1959 II A/3626, annex IX; A/3906, annex V. J. DEMAS 46 , ANNEX XVII Petition (kted 1 April 195~ r"'om the Reverend lUichael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa .' I am enclosing herewith a petition and covering .letter the :'Iandate anu the relevant slatt:tes of the International si,rned bv the Reverend lIarkus Kooper. As you wIll see Court. has a'skccl me 11: to communicate this to you and I hope (Sign Yen' much that cd) :'Iichael SCOTT it can be considered by your Committee Enclosure and also bv the General .-\ssemhly when Resolution No. Photostatic co!,y 12-+7 on "iegal action to ensure fulfilIment of the obliga of lettcr dated 7 February 1959 from the Re7.'crclId .11 tions assumed bv the Union of South Africa in respect arlws Koo/,cr, J(cctmansllOo/" to tlie Re'l'erelld jIichacl to the territory' of South \Vest Africa" comes up for Scott Lout-loll, n "furtlwr consideration" as adopted at the 778th Plenary I am submitting this petition Sir through you to the meeting on 30 October 1958. United Xatiolls Organisation and request you to act this situation of Hoachanas in the Cnited Xations It seems as though the action in the and on nw lOre all the petition has been behalf. . taken as a direct rejection of the General Assembly's Further facts wiII be ... previous resolutions and the recommendations fonvarded to vou about Hoachanas as a written of your and my situation in this desert. . )le by your Committee on the subject of the Hoachanas Native Re Trusting on you for loyal service tions can be sen'e. I would repeat the request frequently made in past Always open to the years that the compulsory jurisdiction of the International yours for Rooinasie and all oppressed Court of Justice shoulu be sought by Member States (Signed) Rev. M. KOOPER who are concerned about well known this matter, under Article 7 of a See annex XVIII. of previous : long recog l a book by ·ein. and to : year (page ANNEX xvm reads "The Petition dated rters of the 25 February 1959 from the Reverend Markus Kooper, Keetmanshoop, ~ty thousand to the United Nationsa )ertv of the :Ieven Years I most humbly yet very earnestly do submit this peti against the A~LE. Church. \Vhen the mock summons tion to the United Nations Organisation with ichae1 SCOTT the prayer \vere served on me for the first time, and that it received your undivided attention. when the mock This petition as High Court over the legal status of Hoachanas well as the former one are petitions Sirs! gave its am writing on verdict as the petitioners have submitted it to the my own and on behalf of my harshly bereaved UNO congrega·· last year, and \vhen the :Magistrate of Rehoboth Mr. tion (AM.E. Churcp. Hoachanas) and on behalf A. of my C. Chatwind came so overc1oudingly with his armed father tribe as weII. police I. force in the early morning at Hoachanas, making f eserve, The situation at Hoachanas is very much critical and war against unarmed people, shed blood to the delight is in my opinion of vital urgency and importance and and satisfaction of their hearts threw me, my family and thus demands not only your sympathetic attention but my immovable dome~tic property in their lorry, originally ;t the other most extremely demands your immediate action without built to remove animds and under escort of three police any further hesitation, argument and delay. while my people were crying over my removal and their ill-treatment, The Union government have remove me, and tease them by demanding oachanas we refused our representa them tives the necessary documents to to sing rather than to cry (29.1.1959) I was at to safeguard appear personally before all the appropriate organs of the not surprise nor \vas I in amazement as if something cler the need UNO to state the real which conditions as we are practically suffered I was not expecting happened to me, because .er by taking them physically, Mr. \ViIIem economically and spiritually and to state Durand, formerly residing at Gomchanas :0 avoid fur- our true opinions and about the future status of the territory. now a shop-owner at Blumfelde told some of the It h"5 refused to petitioner-residents continue submitting the annual reports to the of Hoachanas in 1956 just shortly UNO, and after the karakul . KOPPER at present while she is busy removing us phenomenon and the removal affair from our tra was set in NOEDEB ditional lands at an extra ordinary rate motion that the whole thing was aimed at one is using every man. I, thus means to prevent and sabotage our being fully realised that I was the one man against Lo\KONE writing petitions whom and to UNO. Surely, these courses of at who'll the whole phellomenon organized [OWESEB matters are serious and aimed and so heart-moving to us than anything even before 1956, and because anything so 'JlX'l.NAB else we the intentionally aimed indigenous inhabitants of this Mandated territory at me cannot be aimed without also HANSEB of ours aiming at my church, whose academical education have been purposefully the A.M.E. Church, and any BLOOTSTAAN so organisation so intentionally seriously neglected for years altogeth:;r are able to express organised against me, the ;OAGEB same cannot be organised against ). as perfectly as the UNO would wanting as to do. me (I being a Pastor HAFRAB in charge of the A.M.E. Church at Hoachanas) 'When the mock karakul without IS NAKHOM Iamb theft was set in motion also organising it intentionally against my the spirit of God explained church, the '"oor it to us that it was aimed A.M.E. Church at Hoachanas. In as far as the doctrine, JUGANAB the government and motto of the AM.E. Church is 'LOETE a Transmitted to the United Nations by petition dated 1 April concerned I must honestly say that the A.M.E. Church 1959 from the Reverend Michae1 Scott (see annex XVII). is, as it is also known throughout the world a trict and 47 reliable Christian church of sound teaching. It is against any crime I may have commit sufficient to exclude or this great Christian church who is also a member of the eject any man from his legal birth ground or heritage. Ecumenical Organisation of \vorld churches, and also After his returning from the 13th Session of the UNO member of the Christian Council of churches ill S.A. Assembly last year Mr. Bru\ver Blignaut, the Chief against which an Organisation of cospirators so per Kative Commissioner told the Xama men in the un niciously mixed-up of all sort of conspirators, administra constitutional Nama gathering at \Varmbed in which tion officer and church officer, white and non-white by Hoachanas was not represented that the reserve of deed of ill-information of the white towards the non-white Hoachanas was reverse after the tribe was defeated in about the /\..::.\1.E. Church have conspired together against the war of 1904. He said that this statement is found in the /\.::.\1.E. Church. The officer of the administration an archive at Cape Town. Sirs, believe me there is abs0 who used to be the protector of all citizens, irrespective lutel}' no such thing as the reversal of the reserve of of colour, descent, language 0; creed has surely plight a Hoachanas. The fact remains that the 36,000 hectar of joint high treason, taking one half of the citizens to his land on which the white farmers is situated, whom side against the other half of the citizens whom also she Mr. Blign8ut is just defending belongs to the reserve of has to protect. Hoachanas and must be returned to Hoachanas. Mr. I am asking the L~XO thus not to handle this matter Blignaut also asked the delegates not to write petitions as an ordinary ill-treatment we received from the admin to the United Kations and attacked Hoachanas badly istration in general but to take this matter of Hoachanas for writing petitions to the United Nations. He also said and the A.::.\1.E. Church and to handle it as a high treason that even if 40 years have past the residents of Hoachanas the administration itself together with other citizens will be removed. From the last statement it is quite clear have plight against one group of citizens and against a that the persecution of my people at Hoachanas will never Christian Church.... \Vhy are all these things happen end and the United Nations' immediatp action to the ing, Sirs? Solely, because one half of the indigenous situation of Hoachanas is very urgently needed. citizens have after announcing the step they are going /\. letter dated 16 December 1958, UNO, New York to take broke away from a ::.\1ission, ruled by few white signed by the Director of the Trusteeship Division Mr. H. clergymen over many non-white adherents for the benefit A. \VIESSHOFF was received at HoO',chanas on 2 January of the few whites on the detriment of the many (and 1959. The postage stamp V\'aS carefully cut out, sup when I want to stress that fact my tears run down in my posingly at the Post Office of :Mariental. In this letter stomach and uncurable painfullest heart-ache with which the petitioaers \vere informed by ::.\1r. \Viesshoff that every truly awakened non-white citizen of this land will together with that letter on the same date the three affirm) blind, unenlightened, unawake, misinformed and documents of the last Assembly of tr UNO a2tivities misled thousands of non-whites. and decisions was posted to them. \Ve most surprisingly and with strong feeling of disapproval suspect the Post \Ve, the non-whites of S\VA are to be pressed into Office at :Mariental for having arrest and neglect the reserves according to our descents and origin not to our delivering the documents on the proper date to the proper wealth but to our material and economical detriment, so persons concerned. want the whites pressing us in churches of white domina tion to tpeir benefit and to our spiritual detriment. Surely, The documents were deliver at Hoachanas only in there is no doubt in all these actions, that is to say in the afternoon of 29 January 1959, the day of my re my case behind my interrogations and arrestation. There moval. It was thus arranged that I must not see the is a great organisation at \vork. I must re-emphasized that content of the documents. I would thus like the United fact. An organisation \\hich not employs corrupt 'warders, Nations Organisation to forward me immediately with inspectors and Examining Magistrates of whom the best the same documents of the last General Assembly. that can be said is that they recognize their own limita Last year, when the UN0 Good Offices Commiti-ee tions, but also has at its desposal a judicial hierarchy of came to South Africa for an International agreement on high, indeed of the highest rank with so many an indi the future status of SVvA, the Union Minister for Ex spensable retinue of servants, clerks, police and other ternal Affairs Mr. Eric Louw in the preceding diner assistants, and perhaps even hangmen, and surely I can party arrangement talk with the llembers of UNO not and do not shrink from this word. And what again Good Offices Committee in connection with the lines and Sirs, is the significance of tbs big organisation? It con ways by which, and method of procedure or approach sists in this, that innocent persons are accused of guilt, along which the subject concerned is to be handled said and senseless proceedings are in motion against them, according to the Newspapers that the preceding talk mostly without effect, it is true, particularly as in the he had with the UN0 Good Offices Committee covered case of the five men, who were arrested, beatp.n with a WIDE FIELD. The suggestion of the arrangement talk stripes, imprisoned, musked, strangled and cross exam has come from the side of SA and in fact every sugges ined for no guilt, yes for no guilt at all, and as in my tion which followed came from the side of South Africa case. All Hoachanas' men. But considerating the sense with no alternative suggestion whatsoever from the side less of the whole, how is it possible for the higher ranks of the UNO Good Offices Committee. to prevent gross corruption in their agents? It is im Although the UNO has again appointed tne Good possible. The inspectors break into strange houses as in Offices Committee to interview with SA with regard to my case and as in the case of the five men, and innocent the future International status of SvVA the fact remains men, instead of bei' 6" fairly examined, are humiliated in as far as we the non-whites of this territory is concerned the presence of public assemblies. Until this day Sirs that we have totally no copfidence in the UNO Good the administration owes me, owes my church, owes my Offices as it has been or is composed. The wide field tribe and the United Nations Organisation an explana covering talk and agreements and the misterious secret tion as to what crime I have been committing that has movements in the territory of SWA have only leaved in made me an illegal resident at Hoachanas, my birth us, the non-whites of the territory, the impression that ground. I want to know through the UNO whose what the Union Government and the UNO Good Offices I have been stealing and whom I have been killing or Committee have reach an agreement by which SWA is 48 tq be partitiolll'l1 so th.1t it afterward he didued among I further n'quest very earnestly that the Vnited thelll. tlms to om ddrilllent allll their hClletlt. the white Xations Organisation pres.' on the S\V.-\ administra man's bcnl'lit. \ \'e have no cOllfHlcncc in the work he tion that I immediatelv he returned to llW ground at t\\"t'cn the L'nion (;on'rnnll'1It allll tl:(' (;o()(1 Ot1kes Hoaehanas ancl that I o~'ersee the spiritual w"ork to \·:hich .., COll11l1ittee awl wonld requcst the L' ;\(J tu place S\\":\ the :\.:\I.E. Church has app',iltled me at Hoachanas, under the Trustel'"hip of the L"nitcd :'\ations. I request that the L"nitt'd Xatiolls Organisation ascer ~irs, what is true of Hoarhanas is also true of the tain that the administratioll of :..; \\':\ not coltlinue atl\" \\'h,)!c of S\\':\ as far as the non-whites are cOllcerncd. furtlwr the ilka of rt'moval of the residellts at lloachanas In tIlt' phellomcnon of Iloachanus it has came to light from their ground. and that Il0aehana;; he relained for that the administration of ~\\".-\ or the l"nion Govern the generations to come. 1l1t'!lt while extending the frallchise right to the 18 years Let all thosc farmers who haw their farms on the ,r. old \\·hites is basing slavish conceptio:l of allowing ouly 3C>.OOO heetar of lawl which ht'long to the Hoachunas the uld noll-white prople \\ ha were adults oll the German Ronillasie reserve land he regarded as farmers owning till1c to haw a sav although of no value in the matters lands which actuallv do not belongs to them. and thus of the territory. aild rcgar~1 all those who were children residing iikgally C;i1 the laml of 'lloachanas Rooinasie ,J at (;t'nnan time as non-originals, strangers and their reser\'l" allll that thcv further k· reganled as lI1anu£ac property which they brought from the rnion and refused ttlrer~ ui IantI-theft \;Tapons. and th?lt they he re~arded thelll anv voice in the voice in the countrv of their birth, as non-originals, of (which is also true) S\\'.-\ and that '1'he l"tiion goyernl11cut or the administration of S\V.-\ they tltlls immelliateh' h· rCIJ1O\'ed from the land of is \\'anting from us the non-whites to accept this destruc Ho"achan 1S, anti that "the 36.000 hectar of land illUlle tin' principle or policy as sdf-evillent and correct. Another diately he aided to Hoach:lnas Rooinusie resen'e. fal·t of this Imofticial policy is that it brings us back to .1 It is very important :llld nccessary to re(juest the \\·here we was before 100 wars. It also weakened our Cni.ed Xations that tlte 1,,':'\0 exercise pressure on the pu\\'cr whilc the voting powers of the whites are increased. administration of S\V..\ that the police station at Denll for the sake of peace and oreler and for the hest interest In the bCl' of the pat"rn of betiayal we still looks with 111lquenched hupe to the l"nited ::\ations Organisa of the area inullediate1v be closed, othrrwavs there will tion for a satisfactory solving of this problem. be no order and peace "at all. • Since the administration of S\V.-\ has forge their elec i want to emphasize the fact that my remonl from tion of a headman the tribe has not vet elect a headman my legal hirth ground of Hoachanas is a first step toward and I would therefore request the t nited ::\ations Or partitioning S\VA and to finally incorporate it. 1'1y ganisation under the pre\'ailing circumstances and at removal should thus be reg~trded by the L'nited Xations mosphere to recognise any man they may elect now, Organisation as a (Erect and practical defiance to her in the near or distant future as validly and properly re~olutions and to the verdicts of the International Court nominate and elect headman of the tribe. of Tustice. and that South African Government be accused Sirs, while I do not know the present situation of my for my inhuman removal from my ground. people at Hoachanas whom I have been serving and from I urgently request the united Xations Organisation whom I \vas depending for my meals and salary, I, to to partition the particular issue of the treatment of gether with my wife and children are in a misserable Hoachanas fro..l all other treatments we received in the situation of hunger. \Ve live and I fed my children on territory in general, and treat it quite separate on its gum since ,ve have been threw away in these lifeless .. merits. stones by the administration of S\VA, so I am closing the petition sofar for today because I am going to fatch I further request the Cnited Nations Organisation gum our onliest diet to quite my crying children for very urgently to do away with and to despise South food. Oh, Heavenly Father has Thou create me to live Africa's attitude of ignoring and despising the UNO " on the face of this earth, to roam about and to fed mvself decisions and snubbing the verdicts of the International and my family which Thou has entrusted me on gtu;l as Court of Justice just in the same way and to the same if we are realy babons for whom Thou has no purpose degree she is doing towards the United Nations, and th::1t to serve in the world of human-beings and in this country '. ~ S\VA thus immediatelv at the l..J.th se'"3i'Jn of the Gen pla~e Thou gm-est to our dear parents and their parents. For eral Assembly be under the Trusteeship of the give us our transgressions as we are silmers and deliver United i\ations Organisation with S0111e other govern S\VA fro1H South African government, Amen! -r ment or governments without any hesitation and delay. This i:; the real desire of the indigenous inhabitants of Respectfully yours for Rooinasie and oppressed. .. SWA. (Signed) Rev. Markus KOOPER ANNEX XIX .'t Petition dated 23 April 1959 from Chief Hosea Kutako, Windhoek, to the Chairman of the Committee on South West Mrica _~~1~ \Ve request the UNO to pass resolutions and take Force has been used against the people of Hoachanas suitablE action during the coming session of the General .. ~ and blood haE. been shed. The Govenmlent forcibly re Assembly, refraining the Government of the Union of moved one of the leaders, Rev. Markus Kooper. We South Africa from its intentions of ejecting the inhabit further ask the UN0 to pass resolution calling upon the ants of the so-called Native Locations and the Hoachanas Government of the Union of South Africa to reinstate, Native Reserve. the exiled Rev. Kooper, in the land of his birth. J 49 I The GoYt'rtlll1ent announced that force will he used ElIc!oslIrr B :\p. against the rl'l11aining inhahi:ant~ of lloachana~. \ Ve con H1'IT~I:-':G RE~lO\'Ell shoule clude from past actions of the t ;OVernlllellt that force ]\1'o\::;OXS FOR OtOR TO BE TO "K"n"ITR"" works will 1Jt' used against the inhahitallts of the Locations the !\' and the Ho:whanas Reserve. \\0" reftts(' tll Ill' rc'lllo\'cd to :he new Lncation ca1!ed The situation is wry gran' an(l Ikllla1l<1s serions con "Katl1tnr,l" hccause the n'11l0\"al is basl'd on ..\partheid. sideration :,IHI action fro1l1 the L'nited :\'ations without 1 lad we hel'n Europl'ans, \\"(' Wllttld not hl' rt''llO\Td, but The kcatt~e further dela\', It is ~aid that the rt'\l1oval of the \\"inhoek \n' shall he renl(wed only we are :\on-Ettropeans is 66,( :·.ocation w:is tlelayetl for fifteen months pending the C(1n which is an act of .-\partheill. stnh:ti'JIl of more houses. \ \" t' Imve no dot:bt that after \ \" e dislike .\p:mheid b('r~ttse it i~ n',;pon:iihle fer the the expiry of the fiiteen mo:nhs, force will he used ineqttalities which relegate the :'\011-Europeans to an in The against us. The aim of the Gover I1lllent is to give the ferior ,;tatus, £971. lands to the Europeans and to divide the :\'on-Europeans 19~() In the :.\Iinister of :'\atlw :\ffairs indicated in the From sO as to create disunity amongst them. ~enate enion that since Xatin' :\fTairs in South \Yest educati It is our wish that the difft'rent race" should live in Africa now fell practically under the same cO:ltrul as in rducati peace ~ide by side and haw rea~on to believe that the the l"nion of Sottth .-\frica, a greater measure of homo Europe intended ethnic grouping by the Government \vould grinity cottld be hrought ahout between the two areas. a total crf~ate unhealthy race rdation~. Tht :'Iinister stated that correcth' sitttat,'d and ade ulation According tu the ethnic grouping, each indigenous quate Xative Locations areas had been selected and pro on Em visions made for the replanning or removal of incorrectly tribe is to live in its own area l.nd is not allowed to hold We meetings with the other tribes. sitttated locations. The :\1 inister described in the fono\\, ing words the requirement::; which had been laid down money among The ethnic grouping is applied only to the indigenous and which must be cemplied with: tribes but not to the different European races living in "The most important of these are, firstly, that there .. S.W. Africa. must be a bttffer strip of at least 500 yards wide he At a conference held by the Chief Kative Commis tween the Xative residential area and that of anv other .- The sioner, :\1r. B1ignaut witl; the Hereros on 17 March racial group. X 0 development at all is allO\ved" in the ... pean st 1959, in the Otjituuo Xative Reserve, the people repeated buffer strip. As far as possible a loration must als0 a1l11tlall their request that the different tribes should be allowed develop diagonally away from a European town." .~ to hold joint meetings, but the Chief Xative Commis On 20 Xovember 1958, the :\lanager of the Locations ... sioner said that the Government knew what the motives :\lr. De \Yett informed us that the Location would be 37,& were for wanting joint meetings and said the Government removed to facilitate the implementation of Apartheid while would never agree to the holding of joint meetings. policy. He further said that the Xon-European Advisory hectare The Chief :\'ative Commissioner said further that the Board had agreed to the removal. The League of :i\Iations decided that S.W. Africa should be On 30 Xovember 1958, a public meeting was held in pove:ty, administered by the Union of South Africa as an in the Location at which the 1\on-European Advisory the NOl tegral part of the Union of South Africa but it was Boardmen were asked one by one if they had agreed to Aparth the removal but they all said that they had objected to never intended to be given back to the indigenous 2 Re population. the removal. A resolution was passed at the meeting to the effect that the Town Council had put words into the Seca The Union Governmcnt is intending to introduce what mouths of the Advisory Boardmen when it said that the erty-a! is called the Bantu Education System whose object it is Boardmen had agreed to the removal. It was further ments a to teach the N on-Euroneans from childhood that they decided that the :\Ianager af Locations should be asked connedi are inferior to the Europeans. to place the item on the agenda to be discussed at the It is our earnest desire that S.W. Africa be placed next Advisory Board meeting in January 1959. t, under the UXO immediately before the Union GovE;rn The resolution was given to the :Manager of Locations ment has introduced the Bantu Education and before at a meeting which was held on 2 December 1958, further blood is shed. It is clear from the statements of the 11:Iinister of \Ve ask the United Xations to refer to our petition X ative AIIairs and the Manager of Locations that the of July 1958,n and we further urge the United Xations removal is intended to facilitate the implementation of to refer to the recommendations contained in the report the Apartheid policy but it does not stem from a desire to improve the conditions of the people. of the ConTIllittee on S.\V, Africa and carry them out. I, the \Ve should like to make it clear that 'wc are not against who \Va (Signed) Hosea KUTAKO impro'Z'e11lent, Evidence of this is that we well-come the Hoachan earlier intention of the Government to build better houses now bee Enclosure A for us at the present site. vVe know from experience date. that improvement on the grounds of race is not genuine, Our s Copy of letter dated April 1959 from Chief Kutalw to but is only a continuation of the present injustices. and ern the Secretary for South West Africa Apartheid should not be confused with impYO'lJemcnt. unendur Inclosed please find a petition to the Chairman of the The policy of Apartheid gives paramount importance to this petit Committee on South West Africa (UNO), New York, the interests of the Europeans while it deprives the Non with my whi.:h we please request you Sir, to forward for us, Europeans of opportunities of economic, advancement of thrown i education and of political rights. The Non-Europeans Please Hosea KUTAKO are therefore not prepared to accept any scheme or plan the situa which is based on Apartheid as they have suffered ter n Receiv n See A/3906, annex VII. ribly under this inhwn,zan policy. from Chi 50 \J:; . , "',,.,.,,'~' :\part~leid is hated in almost the whole \\'orld. \Yt' hr the damage allll the money which the (~ovemm{'nt should like tu give fact~ and figures of ho\\' Apartheid proposes to pay for the damage. :1> TO works in South \Vest :\frica and whv it is d('t('sted 1)\' the Xon-Europeans. . . 3 R t'asvlI Th~' third n:a" '11 ;")1 rdu~ill;':- is that the old Location I1 called artheid. Popl/tation is at suitable pl::L'{' which is near our places of work. Pt'ople who work fl)r the Rlilwa)'s :\dministration and .ed. hut The Total Em opcan popUlation in South \Yest Africa lrope;\IIS tl10se whu \\'ork at the :\erudrome reach their d('stinations is 66,000 and the :\on-EuropC'ans are 473.000. at a more or 1l'ss the ~:lIne time. fn the Edl/catioll :\ lust of the Location dwellers walk to their pl,"ces of ) all in- \\'ork all account of having no money with which to pay The South \\"cst :\frica Administration spent hus fares. The 1Il'\\' Location is very far from our places £97UifJ1. on education during the ~. cars 1954-1955. of I\"lrk and would make it impossible for the people to cl in the From the allow SUlll £ 7~ 1,234, \\'as SI Ilt on European walk tu their places of work. which mcans that they will h \ \"est education while £ 163,621, was spent on Xon-European have to travel only by bus. JI as in education inside the Police Zone and £26.806. on Xon It is easier for thc Xon-Europeans to go on foot to : hOlllo- European education outside the Police Zone which makes ~as. tl1l'ir \\'ork because the low \vages which they receive a total of £ 190,427, for the whole XCll-European pop make it impossible for them to :)ay bus fares daily, They lId ade- ulation of 473.000 as compar('d with £781.23+ spent have hardly mon",'y during the second half of the month. nd pro- on European education whose population is only 66,000. This will mean that many industries which are mostly orrcdh' \Ve have 110 doubt that this unequal distribution of depelldent on X 011-European workers will suffer on ac fo;lO\\:- money is responsible for the high percentage of illiteracy count of the fact that the people will always come too .1 do\\'n among the :\on-Europeans in South \Vest Africa. late for their work. .. The proposal that funcls will be raised which will help 1t there HoslJitals the Xml-Europeans to pay the high rentals when they 'ide he- It· The Government spends £40,000 annually on Eu1"O have resided in the new Location is unacceptable. \Ve IV other !. in the ... pean state aided Hospitals while only £20,000 is spent regard this fund as a bribe to persuadt the Non-Euro annually on Non-European state aided Hospitals. peans to accept Apartheid because the removal itself 1st alsv is an act of Apartheid. .~ " Land Allocation lcations , 4 Reason mId be 37.868,124 hectares of land are occupied by Europeans Fourthly, the Government's intention not to sell the lartheid while the Xcn-Europeans occupy only 21,825,997 land on which our houses \vill be build has made us very dvisory hectares. . suspicious. It is a very clear indication that the Govern The re<::ults of this unequal distribution of land is ment is unwilling to give us permanent residents. held in povety, unsuccessful fanning, disease and illiteracy for 5 Reason dvisorv the Non-Europeans community which are the fruits of The fifth reason for refusing IS that as inhabitants of reed to Apartheid. South \Vest Africa and moreover the indigenous of the ~cted to 2 Reason country we have an inherent right to the lands we inhabit ~ting to and to deprive us of those lands would be a violation of 11tO the Secondly, the removal usually causes damage to prop that right. erty-and we ar~ afraid that there might be disagree :hat the 'Ve shall not move, never, never. further ments and disputes between us and the Government in ~ asked connection with the money we demand as compensation (Signed) Hosea KUTAKO at the lcations ) ~. ANNEX XX ster of bat the Petition dated 29 April 1959 from the Reverend Markus Kooper, Windhoek, tion of to the Chairman of the Committee on South West African . desire I, the petitioner hereof, am the Rev. Markus Kooper, cern to investigate the whole issue of Hoachanas inc1ud against who was the resident Elder of the A.M.E. church at ino-'" mv. removal. I have been banned from Hoachanas. 111e the Hoachanas until the morning of 29 January 1959. I have Truly, the Administration of S.\V. Africa which has houses now been removed as a useless waste matter on that obvio ls1)' no feeling or is absolutely out of feeling fC'r us lerience date. the indigenous non-whites of S.\V. Africa and more par elluine, Our situation at Hoachanas has become more grave ticularly us the residents of Hoachanas, has darkened for ~s. and cruel than at any time before. As a result of that us the residents of HO'lchanas, the descedents of the Rooi Icment. unendurable situation of blood shedding, I am writing Nasie God's clear shying day, and if I say the situation mce to this petition from Itzawisis desert from where I, together has become grave, Sir, I am not attempting to stimulate ~ Non- with my family consisting of seven souls, have been your sintiment in a wrong direction against, either the lent of thrown in the desert on 29 January 1959. Administration of S.\V. Africa or the Union Government. 'opeans Please do not ask the S.A. Government to investigate I am giving the whole and only the truth of the situation. the situation but let UNO make it here own main con- Jr plan On 29 January 1959, the situation at Hoachanas has ed fer- a Received together with the petition dated 29 April 1959 reached its climax. The Administration of S.W. Africa from Chief Hosea Kutako (see annex VIII), without hesitation sent a fully armed police force, armed I 51 _, •. ~_,.• , .. , r~~ , , ) .. ' _', i'Jt1\)~~!S , with guns on poinb of which I'ayont'ts were tixed, 'l.11d Shortly after they have with assegas batons. thrown us in the lorry the against the innocent unarmell people Derlll p ANNEX XXI Petition dated 25 May 1959 from Mr. J. Dausab and others, Hoachanas Native Reservell We the undersigned petitioners on behalf of the After his removal the public were victims of the Union given some con Governments apartheid, the iutable information about his official Rooinasie tribe of Hoachanas position. "Die request you to regard this Suidwester" the government's paper letter as a petition when described Rev. receive, and to pay your full Kooper as an obstinate chief of the attention to it. Rooinasie tribe. The "Suidwes-Afrikaner" called him a Non-European First of all, the Rev. 1\1. Kooper the recently ejected minister, and according to "Windhoek Advertiser" the minister of the A.i\LE. Church is an original inhabitant Rev. Kooper is a Pastor. What kind of public violation of Hoachanas Rooinaisie Reserve. He was duly ordained of man's dignity and the public opinion? If he is a by the Rt. Rev. Bishop Frederick Douglas Jordan of Pastor what crime has he comit? On whose recom our African l\Iathodist Episcopal Church as a deacon mendation was he arrested and banned? and Sirs, the ad an elder and \vas appointed to the pastoral charge ministration c~ S.\V.A. has failed to answer of even a Hoachanas Reserve since 1954 where he served our single of our questions. 'Ve thus want congregation the answers and the church with utmost love and loyalty of our questions through the United Nations Organi until his inhuman removal on the 29th of January 1959. sation. Sirs, please b.:lieve us and nothing else. The removal of Rev. Kooper is nothing more nor less than "Transmitted to the United Nations, together with an act snubbing and abolishing the A J\LE. Church communication the reproduced as item 6 of annex V, by letter from the Hoachanas Reserve, and to continue that dated 3 July 1959 from the Reverend Michael Scott. practice on all places where the A.M.E. Church operates. 52 I The \Vomen's l\1 issionary Soci~ty of the African affair just because the Bantu Outhorities Act was in the lorry the 11athodist Episcopal Church at Hoachanas wrote a constructed with fue sole purpose of serving apartheid led. Our Sunday letter to the administrator of S\VA asked him to bring policy. re pressed in the the Rev. 1\1. Kooper back to Huachanas to serve the con Sirs, the Union Government will not perfectly repre ng to the others: gregation with the elements of the Holy Sacraments. )ss. After throw- sent him in the so much essential sessions and dis They also ask~d the administrator to state why Rev. cussions of the United Xations Organization, and will :\1ayor, and the Kooper was ncc:used. The onliest answer they received 1 show them my continue shrink back from the U:t\O sessions until he was that Rev. Koeper was disobedient (we do not know has swallowed S\VA into the Union. ould be betraying what) and cannot be bring back to Hoachanas, and that i('nt that I am on if they want to be served by him the A.1\LE. congre \Ve wish S\VA to be very soon under the trusteeship lorry." gation at Hoachanas must move or follow to where the of the United Nations Organization to safeguard us lnas we were not Rev. Kooper was throw awav, and '\'here he can do from the Union Government oppressive laws. nothing to quiet his Pastoral work. \Ve herewith thus enclosed the copies Honorable members of the great organization of ~. in the bank not of the letters of the W.:Yr.S. and the answer of the world governments are requested to exercise pressure my family from administrator. on the administration of S\VA that intelligent members Hoachanas is (he traditional homeland and head be elected to the Legislative Offices of the country and len Chief Xative quarters of the Rooinasie tribe. Secondly, the piece of to inform the administrator of S\VA l1r. Daniel Thomas Ily the so-called land known as Hoachanas is an inalienable property Du Plesis \'iljoen or :i\lr. Daniel Francois Du Toit I to speak. Mr. and reserve of the Rooinasie tribe by proclamation of Viljoen to tell Messrs. W. J. Lategan and J. G. H. van lchanas to trem the German government in 1902. This proclamatlOn was der \Vath to speak truth in God's name. There are more v were told t;1at never reverse, changed or altered until this day by the than 50 members of the Rhenish l\Iission at Hoachanas 'Government aI German government. It is absolutely not true that the who have refused to move from Hoad:anas and who lS. reserve was reverse after the tribe was defeated in the are visited by their white and black pastors regularly equest the UNO war of 1904. There is sufficient reason whv the German and more than 40 pupils in the Rhenish Mission School lchanas with our government could have not reverse or altered the pro and the teacher receive salary from the administration. pay your un- claimed reser veship of Hoachanas. Before he goes out Although aware of this truth the two self made Gods to the battlefield the captain as his first ::tction com of apartheid do not stop to mislead the public of SWA mand his people (men) to collect all the Europeans by asserting in the Legislative Assembly that only the ~ territory from members of the AM.E. Church has refused to move ~LIGNAUT Chief with whom he lived in peace (farmer settlers) to give them protection against any loss of property or life and from Hoachanas and that there are onIv members of :\frica said, like the Al\LE. Church at Hoachanas. - solve the prob to haud them over safely to the German government. If and we must This was done so. The background of this act was Why are these two gentlemen doing this sirs? Be iatisfaction from that even if he be defeated by the German government cause by saying that only few residents have move and to the U::'\O his remnants retain their sovereignty over Hoachanas majority of the residents have refused to move they they are perse that was expressly told the tribe by the Captain Sirs, would not direct the public opinion against the AM.E. JNO to appoint even if it should have been desiring to altered the Church against which they are attempting to agitate investigate and reserve of Hoachanas the generous and magnanimous the public. matter. deed of the Captain of the Rooinasie tribe compelled Sirs, please draw your honourable attention to this the German government to observe his proclamation of e situation at petition. A copy hereof has also been submitted to the fue reserve of Hoachanas. Any government who called Committee through the administration. a clear picttll'e itself to be a christian government, who discourages wrong practices also encourages recommendable actions (Signed) J. DAusAB N. BLOODSTAAN 1arkus KOOPER like that expressly announced and carried out action of G. PIENAAR J. NUGANAB the Captain. The reserve was 50.000 hectar in ex~ent D. DAusAB J. F. KOOPER as it was declared as reserve by the German government T. DAusAB M. NOETEB from which the 36,000 hectar of land was in a cunning way allocated by the South African government for the M. HANSE S. HOEBESEB European farmer settler. S. KOOPER Andercas GANSEB Sirs, let the S.A. government give us back this 36,000 E. P. AFRIKANER W. KOOPER hectar of land which belongs to Hoachanas reserve and M. KOOPER K. NAKOM: let S.W.A. immediately be place under the direct super J. NAKOM: J. GOSEB ven some con vision of the United Nations Organization. F. NAKOM position. "Die In absence of the consent of us the indigenous in lescribed Rev. habitants of the South African government is incorpo Enclosure A .ooinasie tribe. rating SW/\. to the Union of SWA in an utmost knavish Non-European manner. All the commissioners formerly styled as A translated copy of the letter written to the adminis .dvertiser" the Native Commissioners are now styled "Bantu Com trator for swA by the W.M.S. of the A.M.E. Church ltlhlic violation missioners". at Hoachanas, 29 March, 1959 I? If he is a Also a commission of inquiry to the new system of We, the women of the African Methodist Episcopal whose recom- Native Education appointed by the administration Church at Hoachanas Reserve herewith approach you, Sirs, the ad recommend that Bantu-books rr..ust be used in all native the honourable the administrator, and trust that his ns,ver even a schools in S\VA This slavish recommendation of the honourable will pay his full attention to this petition. : the answers commission was adopted by the Legislative Assembly Vve ask the administration to return the banned Rev. ttions Organi of SWA now assembled in session. \Ve 'che indigenous lng else. The Markus Kooper to us and tl1e church. He is an officer inhabitants of SWA have strongly opposed the desired of the church, thus is a representative of Christ. We nor less than so called "Bantu Outhorities Act" until the recently never direct the administration against him for wroag M.E. Church held so called tribal meetings, but it is obvious that the church guidance. It is for' us thus of superlative amaze continue that Union govermnent silently disregard our refusal of the ment not to be able to find out the delinquency he should urch operates. I S3 ~ b' • • .. ,vas have commit, nevertheless this has remained a ~ecret this reason we should have not attempt to write a letter leid for us and fm' himself. of this sort to a pagan high officer of the administration. Regardless his innocence he was threw in a big lurry There are so many variety of white cht!rches that such lre- with his weak children and defective wife by the officers thing is likely to be qtlite impossible, to appoint a high iis- of the administration. officer, and moreover a heathen to maintain the law and order of Christianity. will \\"e rccGgnize th~ old age policy of thi~ administration he too that it will not interfere with any church, but since \\'ith full confidence we write this letter to you, and 1~-l6 a iresh c1irectiGn which only fills onf' with suspicion only hope that you will not trust the answer of this hip that the administration will openly fight against a letter to the Chief Native Commissioner. us church, the suspicion whereof t!le reality was practically Truly your servants on behalf of the \V.M.S. of the disclosed on the 29th of January. 1959, is now followed. ..:\.)'1.E. Church at Hoachanas. of Thi;; action of the administration gave us a full under Elis AFRIKANER Llre standing that a black minister (parson) and a black M. NANlES ers congregation are the ones who have to ~uffer under this F. KOOPER cnd new direction for their colour for the \\,hich they have K. HANSE las not prayed for. Peni GARISES 'oit 'Vc should have not used these words against the ~d Sara KOOPER 'an ministration, but o\ring to the actions followed by the P. GARISES )re administration we feel compelled to write this letter. A KOOPER las lVI. NAKHO:\f Since the day of removal exercised against the Re,'. rho Lucia KOOPER Markus Kooper all the work of the A1I.E. Church at rIy A VVATERBOER Hoachanas was stop. Dol Ev. KOOPER on. 'Vho will give the account if there any account be lds expected and demanded from inside the church and from Enclosure B TA outside the church? Even the administration mav do A translated copy of the letter meaned as answer on the l1e such. But to whom? \\'ho is leok upon or 'will be"look lve u,Jon as the responsible person of the church? Surely petition of the Women of the A.M.E. Church, of the Rev. :vI:arkus Kooper, Hoaclzanas 29 J.l1arch 1959 by the Secretary for South West Africa, 15 May 1959 You are perhaps a christian, because we do not ~e- believe that you :lre a pagan. that is why we know that No. Po. 627/11 nd you will take this petition into consic.ieration. \Ve ask Kantoor van die Administrateur ley that Rev. Markus Kooper with his family be return to Windhoek E. where he has beer: threw away from to starve from lte hunger and thirst. ''lou perhaps do not even look after 15.5.1959. him, we do not know. The 'vVomen JVIissionary Society his \Vhile we haye been asking for ten long years for of Hoachanas AM.E. Church, :he the recognition of the A.M.E. Schools from the admin P.O. Lidfontein, istration it became onlv evident that the administration Via Mariental is rather busy exterminating the church itself, and has practically attempt this at Hoachanas. Greetings, There are hvo churches in Hoachanas. The AJ\I.E. The petition of the Society to His Honourable the Church and the Rhenish :vlission Church. 'Ne are not Administrator is recognise. blind to see that the last mentioned church are served In commission are told that whereas the Rev. Markus bv both, the \vhite and black ministers with freedom. Kooper ,vas disobedient he could not be allowed to is therefore comical that the Presiding Elder of the lEB It return to Hoachanas. If huwever the members of the A.M.E. Church has been refused entry into the reserve A.M.E. Church make known their consent to go to to maintain his commitments a.t Hoachanas, and that Itnwises just as soon as the drought conditions im the banning of his entry has attain its purpose by re proves. the school and church will be builted at Itzawisis moving the local minister so that the A::\I.E. Church Wltil0Ut deiay where Rev. Kooper can go on with his at Hoachanas must suffer. work and serve his sacraments. 'Ve ask that Rev. l1arkus Kooper be return in his Meanwhile the Chief Bantu Affairs Commissioner of plights (rights) just as he has been removed, to main South VVest Africa are request to show a site for the is tain his sacramental duties, please! buildings. Just as soon as we receive the knowledge ch If you however be unprepare to attend to this petition that the members are ready to move the buildings will please tell us where to ask him, and where to unload be erected. our burden. Greetings, lal m, \Ve are certain of the fact that a christian government (Signed) C. F. MARAIS lis shall not appoint a pagan in its high offices, and for Secretary for South West Africa ~v. :er Ve ag :e- tId 54 Ittempt to write a letter ANNEX XXII ~r of the administration. hite cllt'rches that such Petition dated 9 November 1958 and related communications dated 20 Fehruary and 27 from ;i1Jle, to appoint a high April 1959 o maintain the law and Cbief P. Kebaranyo, Recbuanaland, to tbe Secretary of tbe Committee on South West Africall this letter to you, and 1. Petition dated Q XOZ't'11I1'cr 1958 If VOU COI11I1Hi'licatc with ~\\'.\ Oil our Il('half is an list the answer of this tb i;ctt:'r ior tb. issiol1er. \\'t' the tlllelersi.~ned 1-1erero people in exile in Hl'cllPanaland at r.ake X ~ami herel1\' authorize the l\ev. Should this he given an il11111c(liate answer we shaH of the W.::\I.S. of the ~lkilac'; :-'cutt and )Ihnr~tl1ba KeriJla to be our ~rlO:.;:e~ be 1111!ch ~nprcdatt'(l. men at the l'nited Xatiulls. \\'ith grecti:lgs. cOl11pliments and good wishes for the AFRIKANER C01111ng year. EHs \\'~, also apP~'al to the l"nited X atinl1s for repatriation 11. N'AXlES to ~()uth \ \" est .-\frica. For the past few years we have (Signed) Chief P. KEIIAR:\XYO KOOPER F. l"('Cjncstl'(l the Go\"('rnment of South :\frica to permit us B.P. JIcrcros in exile K. I-IANsE to r~t urn to onr lanel. . Peni GARISES P.S. If you need wrhal report please let us know. Sara KOOPER l:nfortunate1y. our petitions have been so far ignored. P. GARISES \\'e hope that the Gnited Nations would do every thing ? CV}JIJi/lfnicaiion dated 20 F"bruary 1959" A. KUOPER ill its cH'c'rt to seC' th::t the q<1cstioll of South Africa M. NAKHG:\f is sc-ttlecl in time. If all peaceful efforts fail to cOlwiEce It gives me much pleasure to acknowledge the receipt Lucia KooPER the (-;:wer:l:nent d SO<'lth .\fri;:a. we the Herero people of your letter dated 23 Tanuary 1959. which informed d refer~ed A. \VATEREOER in Jlcdmaualanel would join hanel in glove with our me that the lctters have bee{} to the Com Ev. KOOPER fellowmet1 in ~outh \Vest Africa, fro111 Namabnd to mittee on South \Vest Africa for consideration. Ovamholancl in positive action. And shall keep on waiting the help from you in this matter.. \Ve would be 111uch appreciated if the powers signed in behalf of 2,000 Herero people a' ~ake Ngami that bf'!l1g could look over this matter conscientiouslv' wned as ansu'er on the (Signcd) Chief P. KEHAR.\NYO from here to the end of the matter. ., the A.M.E. Church, he Secretary for South cc: The Secretary/Committee on S\YA (Signcd) Chief P. KEHARAN'r.o Rev. M. Scott 3. Communication datcd 2i April 1959<' No. A. 627/ll :\1. Kerina ,an die Administrateur \Ve acknowledge the receipt of your letter daten the The Secretary, Committee 011 S\VA 23rd Jauuary 1959, in which you said our letters dated Windhoek Rev. M. Scott 9th November 1958f \vere referred to the Committee 15.5.1959. M. Kerina on South \Vest Africa for consideration. . H~re in this Lake we are gradually lossing our \Ve humbling come before you for the analysis of this dlgmty that we had, due to their odium. Through the letter attached that comes from our D. Commissioner.b Assi5tance of the Mighty Jehovah we wish our spokes He (D.e.) alleges that he is not to blame for our man to teil us the footing we are at on this political exodus. He says the trouble lies \vith the Government propUlsion. of our Motherland (S\VA) . It will seem as if we are driving you behind, but the zest and love for om motherland aud racial segregation I His Honourable the Please give us a clear picture of what steps to follow as relevant to the note attached. displayed by the Bechuanas in broad daylight engineers us to so do. Furthermore they ask us daily as to when. ereas the Rev. Markus we going so they are likely to drive us away in the bush. Id not be allowed to nTransmitted to the United Nations by letter dated 1 De r the members of the cember 1958 from Mr. Mburumba Kerina (Getzen). (Signcd) Chief P. KEHARANYO leir consent to go to b The letter referred to is a letter dated 28 October 1958 for Hereros in the Lake rought conditions im from the District Commissioner, Maun, Bechuanaland Protec torate, addressed to Headman Pahakalane Keharanyo. This be builted at Itzawisis letter, which has been retained in the files of the Secretariat, C Transmitted to the United :Nations by letter dated 13 ~r can go on with his contains the following passage, presented as a summary of the March 1959 from Mr. Mburumba Kerina (Getzen) to the Sec views of Headman Keharanyo and his people mutually agreed retary of the Committee on South "Vest Africa. upon during previous discussions: d See petition dated 9 November 1958 from Chief Keharanyo fairs Commissioner of "If at any time in the future the position in South \Veot item 1 of this annex. ' o show a site for the Africa was to change as regards land ayailable to the Herero e Transmitted ta the United Nations by letter dated 15 1fay 'eceive the knowledge people, then Government could expect a further approach 1959 from l\lr. Mburumba Kerma (Getzen). love the buildings will from you." f See item 1 of this annex. Greetings, ligned) e. F. MARAIS ?r South West Africa I 55 ./ ANNEX XXIII • Petition dated 30. December 1958 from lUr. Toivo Ja·Toivo and 1\fr. F. isaacs to the Secretary of the CommIttee on South West Africa, and commlmications relating to lUre Ja.Toivo DECE~IBER 1. PETITION DATED 30 1958 FROM lib. istered by the Government of South Africa as a Sacred TOI\'O JA-Ton'o A~D lib. F ISAACS Trust of Ci'l'ilisatioll to urge the South African Govern Our consciences haye been very much disturbed bv ment to sI:bmit a trnsteeship agreement for Sout!, \Vest the article which appeared in thetVindhoek Advertise-r Africa to the United Nations. dated October 1, 1958 titled-LARGEST NATIVE ~ot long ago ,.Sir,. our forefathers petitioned Her COJ/POU-YD I~V SOUTHERN AFRICA NOW :'IaJesty Queen \ Ictona, stating that, "we want to live ~-1.T TVALFISB...ly.a in peace with each other and with our neiO"hbours. \Ve Sir, it is beyond our understanding that schemes lik:e wish to see our children grow up more civilized than this can be put into action. To us it is a concentration we have had any chance of being." camp which resembles those of Hitler in Germanv and In 1920. the Le~gue of Nations declared our country we ~re sure th::t to many it will appear more il;an a (South \\ est Afnca) a mandate and a sacred trust of maxImum secunty prison as shown in the picture \vhich civilization. This sacred trust was entrusted to the Gov accompanied the article. Having seen part of what is ernment of the Union of South Africa to be administered really taking place in South \Vest Africa in the form in behalf of His Britanic Majesty as an international of this compound as indicated and shown in the !licture trust. do the members of the U'lited Nations still dot~bt our Unfortunately, the South African Government has situation. This is a European newspaper owned by failed to execute her international obligations vdth ?"ermans. The;, are ~o proud enough to put this article regard the territory of South \Vest Africa. As the result 111 the ne",'s wIth a pIcture. Time is short 1- ~re. \Ve hope of the changes that have taken place in the Government that the United Nations will do its bt"t while there of South Africa it has become clear that the present is time enough. form of the South African Government can no longer • Sir, we would like to inform the United Nations that be expected to fulfil! her obligations with regard to this it is Yery difficult for us here to bear this Europeans country of South \Vest Africa. It is for this reason anymore. As time does not permit us to express our that we have petitioned the United Nations since 1946 feeling \ve would like to mention that we would make to have our country placed under the international our choice very soon. It is a choice which if lightly taken trusteeship system for the benefit of al! those who live by the South African government and the Western here, and to be administered by an International Council. governments directly responsible for our problem may Sir, we regret to state that Her Majesty's Govern plunge the whole of Southern Africa in a serious social, ment whir:h has direct responsibilities over South West .~ economic and political revolution. \Ve want to make it Africa is about to betray the Sacred Trust. This pattern clear to the world again that our problem is not as to of betrayal has been from time to time made clear in whether communism, socialism, etc. are wrong or good. the Statements of the United Kingdom's Delegation in Our problem is the sooner \ve get rid of these un the 4th Committee of the United Nations General As changeable European domination the better for the sembly Mr. Longden. M.P. He has taken the position Africans. If they cannot accept our peaceful demands of being the defender of the South African Government then we are sorry to say that we would have them out in behalf of Her J\:Iajesty's Government before the ?f ?en: soon. \Ve are prepared to start from the scratch, United Nations. At the last General Assembly this 111 rac~ we have nothing to start with already. For quite Member of .Parli~ment went to the extent of using legal a whIle the \vestern powers at the U~O have forced arguments mvolvmg the Crown 'when he defended the us into Cl situation which ultimately they could Use as South African Government before the United Nations an excuse when requested to do so by the South African on the question of South \Vest Africa. government. Namely, if it is said that we are com Sir, having been decided by the General Assembly munist influence. It will be a very unfortunate episode of the 13th Session to continue the Good Offices Com indeed for South Africa. Trusteeship now or South mittee's discussion with the Union of South African Africa will have to face one of the most serious problems. Government, we hereby appeal to Her Majesty's Gov cc: American Committee on Africa ernment of the United Kingdom through the Labour Party to revoke the Mandate for South W _st Africa UNO Committee on SWA from the South African Government and to place it Mr. A. Powel under the United Nations Trusteeship System or to seek the C0111pulsory Jurisdiction of the International (Signed) Toivo JA-ToIVO and F. ISAAcs Court of Justicr. Any failure on the part of the United for Kingdom's Government to exercise her responsibilities The Ovamboland Peoples Congress eve.r this matter will undoubtedly compell us to seek aSSIstance from other powerful countries who are now Enclosures member~ of the United Nations. However, it is propel~ to mentIOn that such a betrayal by the United Kingdom (a) Copy of letter dated 1 December 1958 from Mr. Government of her Sacred Trust will constitute an Ja Toi'l/o to Mr. H. Gaitsl?ell, leader of the Labour indelible stain on the liberal Colonial record of the Party, London British Government. The Ovamboland Peoples Congress once more appeal to Her Majesty's Government of Great Britain in whose aNo~e by the Secretariat: Walvis Bay, which is administered as an Integral part of South West Africa, is territorially a behalf the Mandate for SO·.1th West Africa is admin- part of the Cape Province of the Union of South Africa.. 56 • FurthernlOre, Sir, we believe that Trusteeship for children of all races even if the government does not ~ South \Vest Africa would provide a hopeful future not wish to see this done. Secretary of the only for people in South \Vest Africa but also those in loToivo Finally, Sir, we would appreciate it very much if the territory of Beclmanaland. the Englican ::\li5sion could send Negro Priests and Finally, our past experience has been such that it has Bishops from America or any other parts of Africa to Africa as a Sacred become totally difficult for us in South \Vest Africa to come to work among us here. th African Govern transmit petitions in the United Kingdom Government \Ve hope Sir that it would be possihle in the near ent for Soutt \Vest through the South African Governor-General. Last year future to have I~ev. Hamtumbangela visit the United Her IvIajesty's private Secretary retarned our petition Kingdom for religious purposes. with instructions that it )e conveyed through the South :rs petitioned Her (Signed) Toi\"o JA-TOIYO and F. ISAAcs :, "we want to live African Governor-General. This is very unfortunate for ur neighbours. \Ve that even the United Kingdom Government with direct 110re civilized than responsibility for South \Vest Africa shOUld deal with The Ovamholand People's Congress us in this manner. HowcvPf. in view of the above cc: Rev. 1'1. Scott, mentioned reasons on our part, 'vc hereby request the dared our country ::\lr. M. Kerina kindness of the Labour Party to bring OtE' petition :I a sacred trust of to the attention of Her l\-Iajesty's Government in the UNO Committee on SWA :rusted to the Gov House of Parliament. American Committee on Africa , to be administered as an international Enclosed find a copy of the Rev. Michael Scott Bishop Vincent addressed to the Chairman of the Fourth Committee of the 13th General Assembly of the United Nations (c) Copy of letter dated 20 December 1958 fl"om Mr. l Government has Ja-Toi'l'o to His Holiness Pope John XXIII obligations ,vith in reply to the statement made by the United Kingdom frica. As the result Delegate Mr. Longdon, M.P. in that Committee im'c1v The Ovamboland People's Congress hereby petition in the Government ing the Crown on this matter. the Church of Home to take immediate action on the r that the present cc: Mr. H. Gaitskel prevailing situation in South \Vest "\frica wit1J.in the lent can no longer • Rev. Scott Roman Catholic :Missions...... ith regard to this Mr. Kerina \Ve are convinced that the Roman Catholic Church is for this reason Secretary, UNO Committee on S\VA is capable of doing better work in our country, however, \ations sinl.:e 1946 we strongly protest against the role of conformity mail1 the international American Committee on Africa taineci bv the Catholic Church here. If the Catholic all those who live Mr. H. Kutako Church is capable of doing good missionary work in ernational Council. (Signed)' Toivo JA-ToIVO Latin-America, the United States and in Europe 'Ne \Iajesty's Govern- see no reason why the Church in South West Africa over South West for should not take a stand against the discriminatory and ~rllst. This pattern The Ovamboland Peoples Congress apartheid legislation now applied in South '"Vest Africa me made clear in by the facist Government of South Africa. (b) Copy of letter dated 11 December 1958 frol1t m's Delegation in We appeal through you Sir to all the European tions General As Messrs. Ja-Toivo and Isaaa to the Archbishop of the Church or England Missionaries of the Catholic Church in South West taken the position Africa to seize the mantle of leadership from the racist 'rican Government I have been requested by the Ovamboland People's agitators in South \Vest Africa. Pope Pius XII has lment before the Congress to petition Your Holiness as the Head of the openly declared that "integration be carried out with al Assembly this Church of England to draw your attention to the state out compromise in all Roman Catholic Mission's Schools tent of using legal ments made by Bishop Vincent of Damaraland South and that "it is only too well known, alas, to what ex 1 he defended the West Africa ,vhile on his visit to England early this cesses uride of race and racial hate can lead. The church e United Nations year. he declared has always been energetically opposed to L. Sir, these remarks made by the Highest Authority attempts of genocide or practices arising from what is ;eneral Assembly of the Englican Mission have disturbed the Africc..n called "Colour Bar". Sept./5/1958. ood Offices Com people in South \Vest Africa who for a long period of Discrimination which now exist in the Catholic )f South African time have had great respect for the work of the Englican Church Missions in schools and churches as the result r Majesty's Gov Church here. In view of these circumstances we regard of the South African Government's policies of apartheid ough the Labour the presence of Bishop Vincent in South \Vest Africa ~st based on the accident of race in South West Africa Itlth W Africa as one that is not conducive to the good of the Englican is injurious to human rights and christian principles. and to place it Mission and the African people. We therefore Sir, humbly This policy within the Catholic Church in this coun lip System or to request the Higher Authority of the English Church try calmot be reconciled with the truth that God has the International in England to transfer this gentleman from South 'Nest created all men with equal rights and dignity. art of the United Africa immediatelv and to send to us sincere mis Africans in South West Africa seek the return of er responsibilities sionaries such as· Rev. Huddleston or Rev. Scott. npell us to seek their land. They want to determine their future in ies who are now In fact it was Bishop Vincent who in his capacity conformity with the principles of Self-Determination. :ver, it is propel collaborated with the South African Government here They want economic development and finally they United Kingdom to have Rev. Hamtumbangela banned from his mission clamour for freedom from European political, religious ill constitute an in Ovamboland (St. Mary) to Windhoek where he was and social domination in the country of their birth. Ll record of the kept indefinitely due to his Christian and political views. Sir, we humbly urge your Holiness Pope John Furthermore, we appeal to you Sir to have the edu XXIII that the Vetican Authority exercise its author cational standard of St. Mary's Mission improved in ity to bring about the following concrete reforms in lich is administered order to include science and other modern subjects. South West Africa Roman Catholic Missions. I, is territoriaily a South Africa.. Also we request that the Englican Mission school in ( 1) Complete integration of all the Roman Catholic Windhoek St. George be integrated so as to admit Mission Schools and Churches and the immediate 57 ",'. .' - ' - - . , -> ~ \ I v..· 't • ..... '-- I 1 . . , . - . .~ . . ahl,];tinn l1i the :,,)-calkd :\'atin' places of \\orship al\(l ) CO~DI\' :\IC'ATIO:\S RELATI:\G TO ::\IR. '1'01\'0 .\ cOlbtahle nati ,,'t' ~\.·h\ It l!~. JA-ToIVO him \\·ith pri (.; I lilt rod Ilcti'lII ut" prop,'r education anll the rdu~:d the fulluwill;.:" of lhl' H:II1IU l':,!ucatiou .\ct in all l~oll1an Cath111ic a. })r,,,,,,, Extract from ",Yc", .·lyc", 8 Jalluary 1yjIJh umce wl1t'rl' 1 ~"lll)llk his fine. :\1 I' (-,) l"lll11pll'tl' indcp_'llllellce of the l~lIlllan l"at~1l1Iic TOIVO 1:\ JAIL IX S.W.A. pay when he ~l\lJth Cllllr.:1\ ill \rl'st .\frica. Catle Town "r said 1 ~t'grl'gatory t -+ ) C, 'lIIplt'le li'lui, btit 111 of all prac 1.1r. Toi\·o Ja-Toi\'o, the South \\\:st African who that 1 cou tice:> \\'jlhill the 1{(1l11:lU Catlwlic Churdl. was ordered out of the C nioll re,'cntly aftt'r sending £ 1.14s.0<1. aI~o (,:; I\ \'c rt'quest your IIoline:,s tn Sl'e that a tape-recorded message to the United i\atiuns 011 ~s R"tatri'I'i01l ( Xegrd Hi"h"ps and Priests as well XUI1S be sent behalf of Ovamboland :\irkans. is 1I0W in jail in It' ~l)ulh \\'t',;! .\irica irlllll other part,.; oi .\t"rica and Tsumeb. "Thell hl ~t:c.tt~ of a furm sign abo irum the L"nill'll :\lIIerica. .\~l' ..\ kttt'r fr,mt :\[1'. Toim written in jail to l\ew he kept in e \.. ."'iglled) Toivo J\-TOIWl ~!J:n state,; he wa3 originally arrcsted for trespassing under escor ior on milic' property bpt was aiterwards, told that he was :"1 r. Toivo The O\'alllboland People's Congress held pending his removal under escort to Ovamboland. had no ri! ,ht t cc: The l.":\'O Committee on S\Y,\ \\"ritten in pencil on the back of official police forms, Re\". ~l. ~Clltt escort to O\":l! the letter says: l~ ~lr. :\1. herina X,A.D. had to O\"amholanl :\l1lerican Col1llllittee on :\frica "Seeing that I was going to stay in Tsumcb for Commissioner Tht' Roman Catholic Bishop of South \ Vest Africa many days I decided to report at the magistrate's :"11'. H. Kutal.:n l\ative :\ifairs Branch and was given permission would be dotlC to :>tay until 29.I2,5~. KlIo."s 11011Iin (d) Cot.\' of kt/a dal,d 26 Derember 1958 from .11r. Trellt to comtoltlld 1a-1'oi.'o 10 Ih,' Presidtllt of the United Stat,s "1 am r It nothing." lV \Ye haw been very Illuch disturbed by the news "As it was my belief that the Boers were after my of Reverend ?\lichael Scotfs restriction in the enited blood I asked an African clerk if I could walk all 1\11'. Toivo I States during his petitioning time at the United Xations over and he said yes, except in the location where Bureau 111 La v.1 our behalf. I would need a permit. It was about 11.30 a.m. on nexion with h the 2-t.12.5~ when I went to the Tsumeb Compound In \Vindho Sir, we have great respect for the United States accompanied by a friend who is an employee of the C1'Qvernment and the people of your country. How Town, he hat mine. \\.e sat under a tree in the compound, but not to travel to 0 ever, we find it very difficult to recondle our consciences inside the enclosure, I had some newspapers with me with the po~ition"taken by your honourable govern authorities ins and commenced reading. A chap came along and said immediat~ly a] n1f'nt with regard to a man who repre"ent our struggle his bo:,;s wanted to speak to me and I asked him what to his health 1J at the L"nited Xations and whose believe in democracy I had to do with his boss. He said: 'J ust come along is unque~tionable to all those who have come to knO\~" enee book wa. and talk to him yourself', and I went with him to the a permit to tr him in person. Sir, it is the policy of the South .\frican compound office. government here in our country to lable each and every b, Copy of I one who seeks justice for all irrespective of colour or "The manager asked we what I was doing in the creed as a cOlllmtlllist. If such is the case upon which compound. I told him 1 had gone to see some friends. llIb 11 rHIIIba the restrktion of Rev. ::'.Iichael Scott is founded, then He asked me whether I had a permit. 1 said no, and Chief Natl he said he was having me arrested for trespassing." Sir. we have no any other alternative but to appeal Infonnation to your government" to lift such a restriction. There The pC'lice arrived afterwards, said 1\11'. Toivo, and ing to the de] are other matters involved in this case namely those took him to the charge ofJice where he was told to wait Toivo Ja-Toil aspects of the united States government which chal wllile they took the statement of the mineworker who had has been depOJ le:lge the conscie,\ce of Father Scott. X e\"ertheles:., we called him to the ol1iec. After that they went with him Government. would like to state that even if one of us has to come to fetch his Lags at the station and unpacked and Unfortunate to the Cnited States \ye would not answer such ques searched them. ficulties 011 his tion as may be demanded by the authority especially where he was I when it not onh- chaJ1etJ~e our conscience but which In custody t~ at the request ( \ve all think and'believe be 1. negation of democratic "1 spent 20 days in custody", the letter continues. of the Tst1lneb principles. "In spite of my question as to where were the other informed that Sir, a great damage has been already done to the people who were sitting with me under the tree who, ployment of al reputation of the Cnited States Government in Africa it appeared, also had no right to be in the compound, and other parts of the world. \ Ve do hope though that I was fined £2 or 20 days. I hereln" ree tive C0I11I"nissi if such a re~triction is remove from Rev. M. Scott's "Although I had some money and wanted to pay Official repw moyement in the United States it would enhance the the fine, they refused to take the money." reputation of your country very mllch. ment in Soutb protected from (Signed) Toivo A-TOIVO J b Received from Mr. Mburumba Kerina (Getzen) together upon him by b for with a copy of his letter dated 21 January 1959 to the Chief bers of the \\ The Ovamboland People's Congress Native Commissioner, the text of which is reproduced as item defending the 1 2b of this annex, and a copy of a letter dated 20 January 1959 cc: The American Committee on Africa from Mr. Jariretundu Kozonguizi to Mr. Kerina, the Rev. West Africa Rev. A. Powell Michae1 Scott, the American Committee on Africa, the Com cumstances be Rev. Scott mittee on South West Africa, and the Chief Native Commis personality am Ul\O Committee cm South West Africa siorrer of South \Vest A frica. The latter letter is reproduced in item 4 of annex V as read by :Mr. Kozonguizi at the 102nd It has also Mr. M. Kerina meeting of the Committee on South West Africa. Commissioner 58 A constable, G. ]. Bakker, ordered the keeper to issue occasions publicly destroyed letters from abroad to certain him with prisoner's uniform, Mr. Toivo claims, and people in Ovamboland. In view of your recent presence the following Monday morning he was called to the at the Vnited Nations in New York it is hardly neces office where he was asked whether he wanted to pay sary for me to remind you of the gravity of situation his fine. Mr Toivo explained that he had wanted to such as this, under your administrative responsibility, pay when he was sentenced. will be viewed by the United Nations and the rest of /Vn "I said I wanted to see the magistrate and was told the international community. that I could see him when I had paid, I paid ho (Signed) Mburumba KERINA £ 1.14s.0d. Ilg cc. Secretary, Committee on SWA, UN In Repatriation order in The African Bureau, London "Then he (the constable in the office) showed me The American Committee on Africa, N.Y. a form signed by the magistrate stating that I should The Tsumeb Magi~trate, SWA ~e be kept in custody until the day I would be repatriated 19 under escort to Ovamboland." The Native Commissioner, Ondagwa Mr. B. Blignaut, Chief Native Commissioner as. Mr. Toivo was later told by the magistrate that he d. had no right to be in Tsumeb and was being sent under c. Copy of letter dated 28 February 1959 from Mr. s, escort to Ovamboland. The magistrate declared that the Louis Nelengani and othe1"s in the Windhoek Loca N.A.D. had had no right to give him a travelling pass tion to the Chief Native Commissioner for SmIth to Ovamboland. Mr. Toivo would be sent to the Native If West Africac 's Commissioner in Ovamboland and he would decide what n would be done further. We have the honour to inform you that we the Ovambo people are strongly protesting against the ill-treatment Knows nothing meted out to Mr. Herman ja Toivo at Tsumeb. It is "I am now facing a charge of which I know alleged that Mr. ja Toivo had a travelling pass from y nothing." Mr. Toivo's letter ends. WINDHOEK to Ovambolancl. On December 24th, 1958, 11 Mr. Toivo has asked New Age to contact the African Mr. ja Toivo was arrested when he was due to enter e Bureau in London, and friends in New York in con the Tsumeb Corporation Compound without a pemlit. 1 nexion with his position. iRe was taken to gaol until December 27th, 1958. i In Windhoek, where he arrived after leaving Cape While in jail, the police stole his travelling pass. When Town, he had considerable trouble getting permission he appeared before the Magistrate's court, he was found to travel to Ovamboland where his relatives lived. The guilty and fined £2. or 20 days imprisonment. authorities insisted on his taking up employment there After the sentence was passed on him, the police immediately although Mr. Toivo maintained that owing asked him if he had any pass. He replied that he to his health he could not work immediately. His refer had a pass. Mr. ja Toivo was put into custody for a ence book was taken from him and he was issued with second time for having no pass which was already stolen a permit to travel to Ovanlboland. by the police. On the 29th December, 1958, he reap peared before the Magistrate because he refused to b. Copy of letter dated 21 January 1959 from Mr. sign the prison form for property retained because a pass Mburumba Kerina (Getzen) to Mr. B. Blignaut, the was missing. The Magistrate told him that the pass Chief Native Commissioner of South West Africa he had was in the Magistrate's possession and that it was not a proper one. "You got that pass from the Information has reached us here in New York pertain foolish and blind clerks at Windhoek," The Magistrate ing to the deportation and imprisonment case of Mr. said. The Magistrate also informed him that he would Toivo Ja-Toivo. We were informed that Mr. Toivo sent his pass back to the Chief NativeCommissioner has been deported to Ovamb01and by the South African at Windhoek. Government. Mr. ja Toivo remained in jail until the 5th January, Unfortunately, Mr. Toivo encountered several dif 1959, when he was escorted to Ovamboland by the ficulties on his way to Ovamboland, especially at Tsumeb police with instructions from the Magistrate of Tsumeb, where he was cast into prison without due process of law stating that Mr. ja Toivo must not be allowed to at the request of the Tsumeb Magistrate and the Manager enter the Police Zone or go outside Ovamboland. of the Tsumeb Native Mine Compound. You should be informed that Mr. Toivo is in no position to take em Could the Native Affairs Department explain this un ployment of any kind due to his physical indisposition. lawful and cruel matter made the so-called Christian and Democratic officials of the South African Government? I hereby request you, in your capacity as Chief N a We appeal to YOUR Government to put an end tive Commissioner for South West Africa and as an to such ill-treatment among the African people of South Official representative of the South African Govern West Africa. ment in South West Africa, to see that Mr. Toivo is protected frol11 abuses and injuries that may be inflicted Sgd. by: Louis NELENGANI upon him by government Officials and non-official mem Sam NUJOMA bers of the White community. Mr. Toivo's position of Thomas TJIVUTE defending the rights and freedom of his people of South Aaron HAMUTENJA West Africa is no crime and should under no cir Lukas NEPELA cumstances be interpreted in a manner injurious to his Titus KAIIUNGUENA (KANuHUENA) personality and dignity. Matheus ANDUNGE. It has also come to our attention that the Native C Transmitted to the United Nations together with the peti Commissioner at Ondangwa (Ovamboland) has on many tions reproduced in annexes VIII and XX of this report. S9 • ANNEX XXIV In t ml'nlbl' Pl,tilion dull'.I ·1 :\u~Utlt 1958 from l'h·. J. Bl.'uketl. Rl'hohoth (:mmllllllit~·. to thl' (lllih·tI Nutiolltl" \\"t' ha gaartlt l'erltlit lilt' to hen'hy hl1lllhl\' lllakt.' lIIl'lItioll of lilY .\t'rordillg to the trl'aty whirh proll'ctl',l our rights. variolls iorllll'r lll'titioll~. \ Yhat ha~ 1I0~\' happl'lled i~ that tlil' neither the t ;l'rlnan king~ nor the ',aptl'in conld \'iobte Ia\, tht' I !tll\lIUr;lhlc .\dlllilli~tr;ltor ha~ made a fl'ar~ollll' illtru ,)ur rights to irel' n'si,It'nct', oilt the ~ionlln pur prllpl'rty. The right wa3 tah'n away hy the :\<1l11inist rator sitkrati ,'r1l1lll'n TIll' .\dlllini~tra:or ha~ taken away om right of withollt thl' t'On~l'nt of the :\,1, ism\" Boanl aIIII thl' people..\ftl'r the world war ,If It)14, hI wllit'1l we stoo,1 there \ free re~idl'ncl' in blot'k Xli. 212, a right fllrlllerlv gin'n into a to u~ hy the l~erlllan lion'rllIll,'llt, an',IIlt' ha~ rl'gi~tl'rl'd ~idl' hy sitle with :\Hied puwl'rs the Gl'rman l~on'rn lIIent h;t its ri:~hts on the land and at the sallle tillll' the IlTl'fl'rn it as the property pf the l'nillll l;n\"t'rtlllll'nt. nIt'aSUrt rights fpr free residl'nn' rl'lurtll',1 to us. Under what '\,:l'llnling to the tn'aty pi 1~~5 thl' illrmer (l;er rights di,i the :\dministratpr take such steps? Our I. lIIan) l ;'H"~'rtllllent did tint haw any property r:ght~ urgl'nt petition i~ that dra~tic stt'pS hl' taken to re~train rausl',1 in llur land, eXt'ept the right of fre,' residencl'. th,' :\,Iministrator fWIIl taking away our righb. in l~l'Il t'lllltalll (.'ligll,'d) ]. PEl'KES lln'nvh .. Original in '\ irikaans. Burgcr S('cy,'l,lry this. hI ist rator to n'gis ANNEX X,-XV han' Jl' Admini Petition dated 17 August 1958 from l\fr. Jaeoblls Beukes. Rehoholh <:ommunity, that w; to the United Nations" • 2. I hl'1d at Permit me, as an old r:~neer of the Rehoboth Com OH'r :-;outh \ \'est :\frka? J)oe~ the :\Iandatorv have 1rat,', \ munity to report on the most recent actions under rights of ownl'rship in the :\landated Territory?' \\"l' wel' which \\'t' are now heing- a(iministered here bv the 3. The rights that are granted to us and enjoyed alone l' l\1agistrate and the .·\,h·iso;v Board: • Rehoho . , hy us in our country are nothing more than a semblance 1. I respectfully ask whether the Union Government of rights. \ \'e fear that we shall be placed in the same merely assigns officials here to Rehoboth in order to place position as the IIoachanas Nama people who live under \\'a~ att under an arbitrary reg-ime or to deal with us in a the fear that th~v mav at anv time be hanished, I citizens politically lawful 't1lan~ler. The situation at the last respe,'tfuIIy ask ilOW the LTn{on Government, as a 3. 1 meeting of the Board is indicative of the treatment we Christian and lkmocratic Government, can regard such any 1;\\ are receiving. The rights that were established by will treatment as lawful and right? This treatmeut ha~ now ];l\~'~ oJ and testament, that were transmitted bv the dead to attracted attention in connexion with the former right no pro the living. our rights, are arbitrarily taken from us. of unrestricted residence under the Treatv of 1885 of been a. This has happened to me personally. ~Iy rights, and the former Imperial German l;overnment, lilock No. 212, of thi~ thost' of many other persons, have heen taken away in which has now been taken from us. I have alreadv 4. a politit'al and arhitrary manner, and not according to reported this in a previous communication to the Unitetl must g< the rules of law. Xations. I ardently and respectfully hope that this time l\Io~t 0 2. Is there no possibility of our being treated accord we shall receive the news that our rights and freedom who ar ing to strict legal procedure? \\'hat does the Union wiII he assured for the future and that right and justice fide. fa Government mean bv this, for in this way we are will now prevail for all mankind. finanC"ia subjected to underhati,led treatment that threatens our 4. It is asserted that the oltl League of Nations not, mc future existence? :\s I have done above, I respectfully died without lea\'ing a last will and testament. \Ve at the ask whether this treatment is in confonl1i~v with the believe that the old League of K ations was established, white f; material and moral obligations that the L:ni;n Govern as far as we the inhabitants of South \Vest Africa entl of ment assumed as ::\Iandatory. The purposeful continua are concerned, in order to guide us to the point where order 0 tion of such a situation is something from \vhich only we could manage our own affairs, ana thus we appeal to i~trati01 the l'nited Xations can deliver us. Does the Union the United Nations, as the legal successor to the League through Government have economic rights under the :\Iandate of Nations, to uphold our rights. to the" (Signed) J. BEUKES of incOl a Original in Afrikaans. Burgher-Secretary tion's l' all the for the ANNEX XXVI With likewis Petition dated 30 September 1958 from Messrs. J. G. A. Diergaardt, J. H. Mall, P. Diergaardt and are beit forty-five others, Rehoboth Community, to the United NationsR \\'e, the undersigned citizens of Rehoboth, earnestly benefit to us \vhatsoever; we have been doing this for request you, thp. honourable Members of the United years without any success. Xations, to give serious consideration to this petition, R Original in Afrikaans. This letter was enclosed with a '. for we have now reached the point where negotiations letter dated 2 October 1958 from Mr. Jacobus Beukes (see ,vith the South \\·est Africa Administration are of no annex XXXIII). 60 I I • In the years 19S2~19S3 a petition signed hy three this for people in our circum~tances. The UniOl~ Govern· ml'mhl'rs of the Advisory Board (the only one that ment, however, dol'S not thmk along these hnes. Our \\'t' have)-namelv, ~Iessrs. A. J. Heukt's, P. DieI" territory exists only to make the whites rich. S~'lIt I.:aardt anll (;l'rt V;lIl \Vyk-was to you concertling \ Y:lt'il'fort', hOllourahle ~t emhers aT the United our rights, \'arions lands and rights that \\'ert' taken away from us :\llministrati~ln :\ations, wc l'amesth' reqnest and llt'seech yOll to place mid villlatc h\' the without our l'OnSl'1It awl with the Territon' of s"outh \Yest Africa under United oilt the necessary documents. Vou gave favourahle roll ~ ations trus'teeship at this scssion, inasmuch as we sidt'ration to that petition ;u1l1 directell that the tiov minist rator ha\'c COIllC to the cendusion that, having tried for year:.; 'd awl tht' ertllllent shlluhl rt'ctifv whatever mistakes or grievanl'(.'s without all\' succcss, \\ e shall never recover our lands there \\'tTe or h;uI h~'l'II, hnt, instt'ad of evell C'ntering h \\'t' stoOlI and rights' from tl'e (;O\'l'r1l11l1'nl. And you will help into a disl'l1ssion of the matter, the Administration III lio\'l'rIl us to achie\"l' status as a nation, for wc shall never preferred to go t'\'l'n further hy taking the following llt' time tIll' ohtain this from the Union Government. During the lIIeasurt's : 11lkr \\'hat two \\'Drhl wars, \H' made our small contribution, stand teps? Onr 1. The South \rest Africa :\dministration has now in" loyallv Oil the silk, of the :\I1ies, hut today wc are to restrain t'ause(1 a partkular parcd of land, designatecl as 212, lll~ll'r .a (;ovenllnent that does not e\'l'n grant us dire::t hls. in RdHlhoth to ht' registered in its name. This parcel or indirect representation in the Legislative Assembly, colltains ahout tWl'nl\'-li\"t, lwctarrs. Our Board and the whose laws wc must ohey. ]. PE1'KES overwlll'lming majority of the people were opposed.to . Seerl'lary this, hut tIll' anSWl'r giVl'n hy His Honour tIll' Adn,lln The l;nion (;O\'ernment does not have any financial istrator of Sonth \Vest .\frica was that he had the right in\'l'stn1l'nt in the territory and so cannot lose anything to register this parcel. hut that 11t' asked so that he might if we come ullder Cnited Nations trusteeship. \Vill it IIt)t thm ht, possihlc for the United Nations to grant ha\'l' pt\IL'e, :\ote wdl that this land was given to the linancial assistance to the ?\ on-\Vhite inhabitants of Administration for administrative purposes so long '1S that was necessary. thc territon'? Finallv, wc also think of all the other • ;'\on-\ \'hites of South\\'est Africa who are in the same 2. In Jannarv of this veal', a leadership meeting was llOat as we ~re, Could you please inform us promptly held at R~'hohotil under the chairmanship of tile .0.Jagis whether you have received this petition? ltorv have tratt" who is also our white Captain. At this meetiug undersigll~d ry?. \\"t' were told hv the Captain that he, the Captain, was Respectfully yours on beha!f. of !hl. citizens of Rehohoth, ,,;hose ongll1al sIgnatures are In alone entitled t~l make decisions in matters concerning cl enjoyed our possession, semblance Rehohoth and that the Advisorv Board was there the same merely for the purpose of advising him. This meeting Signed on this 30th day of September 1958 at Tsumis live under was attellded hv the Hoard and hy a full assembly of Park. citizcus. . lIlished, I (Signed) J. G. A. DIERGAARDT ~nt, as a 3, For thc past year we have now heen \:ithout (Signed) H. MALL 'gard such anv law, hecausc we were told that our old l''ltnarchal J. t ha~ now la;\'s of l~70 have now lll'come outmoded and make (Signed) P. DIERGAARDT mer right no provision for modern conditions. \\'here. there have f 1~~5 of heen ass;lults, there has heen no prosecutIOn because 1. W. Diergaardt 25. Hugo F. Diergaardt : 1\0. 212, of this lack of law. 2. Karel van Wyk. 26. GerhardA. Diergaardt 'e alreadv . 3. Giel Gertze. 27. J. T, Diergaarclt Unite~l - 4. The economy of the territorv is so weak that we 4. V. Diergaardt 28. Adriaan Diergaardt Ill' must go as far as \Valvis Bay in cirder to earn a living. this time 5. Vallelltyn Diergaarclt 29. Sameul Diergaardt 1\ lost of us are small farmers and labourers, and those 1 freedom 6. A. Visagie 30. Paul Diergaardt who are farmers must lease their farms to white, bona 7. N. van Wyk 31. Johl1ny Mall llcl justice th~y ar~ fide, farmers in order to live, as given no 8. S. Beukes 32. Karl Swatz financial help by the Government. ThIS assIstance can 9. Gert Beukes 33. D. Nell : Nations not, moreover, be accepted, because it may be granted " 10. J. Oklmizen 34, A. Bezuiclenhout lent. ,"Ve at the expense of our already small territory. These Itab1ished, 11. N. Okhuizen 35. M. Diergaardt white farmers must, however, leave the territory by the 12. J. N. Benade st Africa c!HI of 1959. and the white merchants a little later .by 36. H. Diergaardt int \'I;here 13. T. T. Brandt 37. A. T. Beukts order of the Administration. This action by the Adm1I1 14. 'N:J. Beukes appeal to istration is regarded by us as an attempt to compel us, 38. G. Beukes .e League 15. Piet Beukes 39. Henry S. Mall throucrhb eventual financial difficulties, to sell our farms 16. l\1atheus Beukes 40. Thomas Mall to the whites, as we farmers do not have any other source 17. Visagie Adl11in~stra J. J. , BEUKES of income. Although the railway and the 18. Hermanll Diergaardt 41. \Valter Ram Secretary tion's roads run through a large part of our terntory, 19. G. Diergaardt 42. M. Beukes all the johs on the railway and the roads are reserved 20. E. Diergaardt 43. T. Beukes for the whites. 21. M. T. Benade 44. H. Beukes 'With recrard to industrial development, th~re nas 22. T. Isaks 45. A. Bezuidenhout likewise he~n nothing at all done for us. N 0 facto~ies 23. B. J. de Klerk 46. P. Beukes It and are being opened although other Governments are d01I1g 24. B. de Klerk 47. J. Bezuidenhout. : this for :J cl with a ukes (see 61 I ...... ;~ ..,...... ···:....~·"'.;lo,~.* ...... ,,~· ...._v~...... AliIL...... :'".,· '>~ ANNEX :xxvn t Petitions, by radiograms receivc<.l on 16 December 1958, 26 January 1959, and 29 March 1959, and related communication dated 7 lUay 1959 from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations 1 f 1. PETITlOX. In" R,\DIOGRA:\I RECEIVED O~ achi~ve its aim. by underhaudtd methods, the aim being I 16 DEn::\IBER 1958 to abolish the people's council by Proclamation ~o. 28 of 1923, the so-called agreement. \Vhat had been unani RHEXISH :\lISSIO); THREATEN TO CIlANGE BASIC PRIN mousiy rejected by the people was brought abont by CIPLES 0 ... ISiO ClTAXt;IXG TO LFTHERAN CHURCH CASE the unhappy events of 1925, as a result of which the SERIOl'S PEOPLE D!SAGREE SEE REPORT ANXEX 6 CONTACT Government took military measures against us. The con BAR:\IEN IN GER:\L\NY STOP COXTIXFATIOX OF TIlE ACT seqnence was that we were deprived of our rights, \' BEPKES 46 which have been taken over by the Government. (b) The reason that the people resisted the order 2. PETITION, BY RADIOGRAM RECEIVED eN was that Proclamation No. 28 of 1923, the above \' 26 JAXL"ARY 1959 mentioned earlier agreement, at the same time robbed n us of our own rights. even the r:ghts granted us by r DRASTIC AD:\IINISTR,\TIVE ACTION AT POLICY l\IEETING the old League of ~ations under paragraph 22 con SHOCKING \'!DE PETITION 3 DECEl\iBER 1957" CASE DJ cerning tutelage until maturity, and disregarded the PORTANT IMPARTIAL INVESTIGATION ESSENTIAL STOP moral obligations assumed by the Union Government. PROCEED (c) Whereas under Proclamation No. 9 we were li BEUKES placed under the system of an AdYisory TIoard. which we were forced to accept, and which thre..1.tens our q 3. PETITIOX, BY RADIOGRAl\l: RECEIVED ON existence as an independent people in the future. Now b h 29 :\IARCH 1959 adays the Advisory Board is functioning as a puppet f( PROTEST AGAI!'tST IRRESPO!'tSIBLE UNILATERAL TRANS organization that is being used against our own people. I FER OF ADVISORY BOARD TO VOLKSRAAD IN VIOLATION OF For instance, whenever an inquiry is instituted by the o PAR.-\GRAPH 22 AS AN ASSAL"LT AGAINST THE PEOPLE'S magistrate, he refers the matter to the Advisory Board, t< CAPACITY, AWAI;r TRANSFER VNDER STATUS UNITED and vice versa. For these reasons the life of our people NATIO!'tS CHARTER, ENTER INTO COXTACT WITH THE is in a very serious and unhappy plight, so that we are s UXJOX Co\·ERN:\IEXT. PEOPLE IN CONFL"STON. OFFICERS fearful about the forthcoming elections in June. I hereby u OF MEETING REQL"EST REPLY. respectfuliy request that you should immediately ap u BEPKES proach the Administrator of South \Vest in order to a prevent the elections from taking place until there can c( be an impartial enquiry established by the United 4. CmDwNIcATION DATED 7 MAY 1959c I Nations. o I respectfully refer to your distinguished communica tion of 23 April 1959, TR 240, as follows. «Changing the name of the Rlzenish Missionary Society to Lutheran" tl 1. Our people's council operates solely within Ot~, e own frontiers, and has no connexion with foreign Gov In no circumstances can we change our sworn alle b ernments such as that of South Africa. giance to the way of life founded under the Rhenish t Missionary Society in favour of the name Lutheran, tl 2. Our original Rhenish way of life was an inde our life being {-lt111ded in God as related in Genesis. pendent life founded on the text of Genesis, chapter 26, p' The change of name is a threat that m~y destroy us, h verse 22. In the two accounts given, I describe events for 'what is founded through Christ cannot be called as f01;ows: fe by another name. VV'e are fearful that this change of e: ( a) Drastic steps were taken through the Advisory name will take place merely to further human ends. pi Board and also through a group that was prepared to Our stand is that what is not from God cannot safeguard bl our future. Thus our humble petition is that all our I petitions shall now have a fortunate outcome, so that n See Official Records of the General Assembly, Thirteenth tI Session, Supplement No. 12 (A/3906), annex XXI. we can understand 'what is to be our lot. in law and tI b Original in Afrikaans. justice. This is my position. ae c Original in Afrikaans. (Signed) J. BEuKEs • st G ANNEX XXVIII J1 tl S Petition dated 11 April 1959 and related communication dated 5 May 1959 from Mr. Jacobus Beukes to the United Nafionsa w w 1. PETITION DATED 11 APRIL 1959 paragraph 26 (a) of the Mandate, as the contents will indicate. This is a copy sent to you in accordance with a. Letter of transmittal the regulations. I would respectfully draw your attention to a memo I should appreciate a brief acknowledgment of the randum sent in accordance with the provisions of receipt of this communication. u a Originals in Afrikaans. (Signed) J. BEUKES 62 I b. PETITIO:" DATED 11 APRIL 1959, ADDRESSED TO THE After full reflection, as an old pioneer in the inter CAPTAIN A:"1l :\IEl\lIlERS 01" THE ADVISORY BOARD ests of the people of Rchoboth I cannot remain silent, .March 1959, and Or' THE REI!OBOTlI Co 1\1 1\1 L':" ITY and I rder to my previous letter of 11 April 1959, h Community, to ..\fter full reAection I feel obliged, as an old pioneer in order to speak again about the principal features in the interests of the people of Rehoboth, to take the of our life as a people on which our rights are based foliowing action in view of the manner in which our and must con~ist of. hods, the aim being people are now governed. ( 1) Peace on earth was proclaimed by an unanned roclamation :--J o. 28 I respectfully request that the following be transmitted multitude, known today as the United Nations-the ~at had been un:mi to his Excellency the Administrator, for transmittal WO! Id Coun and Court of Justice. The earthly author ; brought about by ttl his Excellency the Prime :\Iinister of South Africa, ities were established as guardians to preserve the ex result of which the so that it can be forwarded to the United Nations in istence of all mankind on earth, not to draw the sword Igainst us. The con ~e\\' York, Vnited States of America, in accordance in vain, but only in defence of law and justice alike \'ed of our rights, with paragraph 26 (a). and to uphold the highest moral obligations. The under Government. 1. Our beginnings were under the Treaty of Friend developed people were placed under mandate, which : resisted the order ship of 1885, in which our lawful Captain H.ermanus was to train them to stand alone. : 1923, the above van \Vvk, his people's council and the whole country ~ same time robbed and people were offered the hand of friendship by the (2) The sacred trust has been held in contempt ghts granted us by representative of his :l\lajesty Emperor Wilhelm 1. by the Union Government, which may, visibly or paragraph 22 con 2. The hand of friendship has protected our country invisibly, harm the interests of the Union's O\\'n people. ld disregarded the and our people, with God's help, up to the present time. Contempt for the sacred trust has already led to ilI nion Government. :\Toreover our nation is founded "n a Christian \vay of fated developments, for exan1ple what has happened to )n 1\o. 9 we were life, introduced by the Rheni~n ~Iissionary Society, the black communities of Rehoboth and Hoachanas. isory TIoard, which which has now \\'atched over our existence for three As stated above, the sacred obligation is in relation hich thre..'ltens our quarters of a century, and in order to preserve it we to a Higher PO\\,er, so that the same complaints that n the future. Now have loyally stood together to ensure justice and welfare are brought before the United Xations are also brought ioning as a puppet for our country and our people. In this connexion, before the invisible Higher Power. The conscious and nst our own people. His Exce!lel~cy Mr. Luitwijn has stated that the people persistent aim of the Union Government is to annex is instituted bv the of Rehoboth must attach themselves ever more closely the land it holds under trusteeship, without the consent he Advisory Board, to the white people's civilization. le life of our people of the inhabitants. There is a further allegation in this 3. The h:::''ld of friendship that was extended by each connexion, referred to in the attached newspaper cutting 19ht, so that we are side to the other gav{' (WC people preference in all the 1S in Ttme. I hereby of 22 April 1959; the Nama people of Hoachanas usual sen-ices, and we were regarded as true allies; are among the earliest settlers in South \Vest Africa, Id inlmediately ap- under this protection we maintained our free justice \Vest in order to and independence. and our Captain and his people's and have always had their own independent headman. lace until there can council. as also the Constitution of 1870-1871-1872-1874. The former German Government was also aware of this. ed hy the United I now respectfully ask who it \"..as that brok:~ that bond Full information on this subject is to be found in the of friend!:>hip. United Nations Report. Every right-thinking man should reflect on this matter. If the Union Government Missionary Society 4. Vvhen in modem times we were placed under the Mandate, I believed that the result would be an is to triumph, what is to happen to us, a stilI under even greater strengthening of that bond of friendship, developed people? Ige our sworn alle but to my disappointment that bond was broken, so (3) VVe cannot resign ourselves to the idea of under the Rhenish that the Rehoboth citizen who was formerly respected living without laws; a people living under a Christian he name Lutheran, throughout South VIest now finds himself in a sad related in Genesis. dispensation must be governed according to law and plight. 'Whenever a citizen goes out to look for work, order, not by any political dictatorship or in accordance at m:lY destrov us, he has to listen to such remarks as "We have no work ,t cannot be ~alled with the whims of those in power. The pitiless con for anyone from Rehoboth". The mutual help that tempt with which the Union Governments treats our that this change of existed between a Rehoboth citizen and the white human rights is clear to me from the fact that the name trther human ends. people with regard to employment, and so forth, has od cannot safeguard been put to an end. \Ve were living together as a peace of Her Majesty Queen Elizabeth rr is invoked, and that ion is that all our loving people. \\That is the good of our life now that these things take place under her flag. We feel deeply e outcome. so that that friendship has been destroyed? In accordance with disappointed that her name should be used in such a )Ur lot. in law and the purp01't of this communication, I am asking for the connexion, since it is through God's grace that she advice of all right-thinking people on this matter. holds and governs her kingdom. Furthermore, the )igned) J. BEUKES 5. I ask this with all respect, what are the circum United Nations is bitterly upbraided. If events turn stances and intentions of the Christian Social Democratic out as I have indicated in this letter, where is our Governments that prevent them from promoting law and under-developed people to turn, while legal relations justice for this small nation in South West Africa, here in Rehoboth are maintained dS they are at present? that was entrusted to the Government of the Union of (4) NO\\' our people are full of fear as a result of South Africa subject to specific conditions and provisions? . Jacobus Beukes the way that legal relations are dealt with here in I trust that the United Nations will sympathize Rehoboth. The Union Government has taken away all with our disappointment, and that in the future our life our pO\,vers and functions, yet the police and the magis as the contents will will be administered by them. trate assert that there is no law against these aggres (Signed) ]. BEUKES in accordance with sions. Our complaints against fatal stabbings are not admitted, with the excuse that there is no lavv against 2. CO:MMUNICATION DATED 5 MAY 1959 .owledgment of the it.. I respectfUlly ask what the Government means by I hereby respectfully ask for information from the all this. United Nations, United States of America. (Signed) ]. BEUKES "ligned) J. BEUKES 63 I E~ldo$l/rt': Xc'wspapcr Extract more land and other facilities. hut also through better was « n~.;nagt'ment and promotion of their interests. .\fril U!':ITED N,\TIONS ot'TCRY OYER THE RED NATION The Administratiun therefore established a comtnit sities CAPETOWN tn.' to tind sume land for these 200 people, I \\'a~ the Co!1e of th lIuttentllt~ Chairman of that Conl1uittel" and we ohtained 17,000 The muvltlg of a group of (the Rt'(l I'\a Re~er\'e, lIoadlana~ It~;l\\'i~i~ Southwe~t hectares of land adjuining the Bersl'!la in which (2 tion) from the sit· to in tIlt' Red l'\ation'~ fellow-trihrsnll'n are living. ha~ led to an outcry in the 'Jnite(l ~ations. ronlll The group'~ headmen agreed that the mow should (He. Sapa-Rt'utt'r yt'.~tenlay reported from I'\ew York that (lf C e~t he made, hut then one of the dmrch leaders came for the LTnited !'\atioils Committee 011 South \ \' Africa ward and opposed the transfer. Apparently he per of l~_~ claims the right to interfere over the transfer of the hi~ :'Ir. doe~ SHaded those among the 200 who helonged to church Red I'\ ation. The Cnion not recognize the compe to join him in refusing to mo\'e. tence of the said Committee, (3 tho~e jnfor Yktoria Carpio of the Philippille~ said at the United Howeyer, who belong to the H.henish l\Iis ~ionary Society rImrch haye moved. was Nation~ that the ....\frkan~" who are to he moved are had ht'ing treated a~ if they were animals. The Administratbll then ohtained an expulsion order :\1em Here are the bcts of the matter a~ told bv l\Ir. from the High Court. and the ahow-mentioned church :\Iini Johannes yan der \Vath, :'l.P. for \\'indhoek', who leader was suh~equently taken to Its1.wisi~ hy the po that until re;:enth- was a memher of the Executive Com lice. :\1ost of hi~ supporters are still a~ Hoachanas. but givel mittee in South \ \'est and in that capacity was con we hope that they toe will now follow in the footsteps \\T('st cerned in tIll' transfer of the Red Nation. of the Rhenish 1\Iissionarv Society members and of their own leader. •. (4 "The Red :Katioll are of the Hottentot race. The after group concerned have heen living as ~ettler~ on the Itsawisis i~ some 180 miles from Hoadlanas. The form Hoachanas site, which has an area of 1-l-.000 hectare~. Administration \"iIl supply additional water for the Red the This area i~ not. and never wa~ a reserve. since the ~ation at Itsawisis: it is ~repared to pay the transport ' telegl area is too small for the 200 or so Hottentots, and costs for the group. and help to ensure that it will have \Yinc since they are cut off from their fellow trihesmen the a church and good school facilities. Each household made Sout!l-\Ve~t Admini~tration decided that it would he with an elderly person at its head will receive a present appli preferable if they could he re-united with their tribe. of 50 goats." said Mr. van der \Vath. (From our own (5 They stand to gain by it. not only through getting correspondent) the year ceede he w ANNEX XXIX der t (6 Petition, by radiogram received ou 27 June 1959, from Mr. Nf'Ville Rubin, Tune, President, National Union of South African Students, Cape Town, to office the Secretary-Geueral of w Depa (7 WISH TO REPORT WITHDRAWAL PASSPORT FRO:';I HANS JOHANNES BEUKES OF Chief REHOBOTH CO:\OIuNITY SWA CAPETOWN UNIVERSITY STUDENT WHO WAS him AWARDED SCHOLARSHIP BY NORSK STUDENTSAMBANG Tf) OSLO UNIVERSIIT PASS take PORT ISSUED BY SOVTHAFRICAN GOVERNMENT WITHDRAWN 24TH JUNE WHEN BEUKES ARRIVED PORT OF EMB.\RKATION NO REASONS PROVIDED BY INTERIOR l\fIN ISTER DESPITE REQuESTS BY BEUKES AND OTHERS RESPECTFULLY REQUESTS YOU INFORM SOUTHWESTAFRICAN COMMITTEE NEVILLE RUBIN PRESIDENT NATIONAL UNION SOUTHAFRICAN STUDENTS ANNEX XXX PETI' Petition dated 26 June 1959 from Mr. Neville Rubin, President, National Uuiou of South Mrican Studeuts, Cape Town, to the Secretary-General PETI Co To I should like to confirm nw ca'11e to you of today pingso. from this country which describe the Clrcum dealing with the question of the refusal of a passport stances which surrounded this :ncident. to Hans J ohannes Beukes. Hmvever, I should like to set out hriefly the following For vour information. and that of the South \Vest facts in summary form, which I trust will be of use to Africa Committee, I enclose copies of newspaper c1ip- you and to the Committee: (1) The Norwegian National Union of Stucl('nts ot~ (norsk Studelltsamband) provided a scholarship for a N by the Secretariat: These c1ipoings have been retained a non-white student at a South African Universitv to in the files of the Secretariat and are available upon request aT to Members of the General Assembly. study for three years at the University of Oslo. This 1959 f 64 • through better was connnunicated through the National Union of South (8) The Police Officers then searched the baggage tl'rests. .\frican Studcnts tu nun-white students at the Cniver of Beukes. removing several puhlkatiolls dealing inter ;hl'U a cllmtnit sities of Cape Tuwn, the \Vitwatersrand, Cniversity alia ,dth education and race relations in South Africa, Jple. I was the College uf Fort Hare and the ~on-European Section his lecture notes: later the Police took possession of his )btained 17,000 of tht> L'niYersity of 1\'atal. personal correspondence which they read. and then took ~'st'rvc, in which (2) From among the twelve finalists, a selection away his address-hook. iving. committee. consisting of Professor L. :::-'1. Thompson (9) The Immigration ofticial refused to disclose any It' movc should (Head of the Departmt'nt of History at the Cniversity official reason for the withdrawal of the passport, hut \Clers camc for of Cape Town), Professor B. Z. Bt'inart (Proft'ssor one of the four persons connected with the withdrawal, trently he pcr of '~Giii ANNEX XXXI Petition dated 29 June 1959 from Mr. Hans J. Beukes, Cape Town, to the Chairman of the General Assembly" PETITION RE: WITHDRAWAL OF PASSPORT ISSUED BY to which I can appeal, against an injustice which not SOUTH AFRICAN GOVERNMENT only concerns myself, but also my people as a whole. ion I therefore respectfully request you to consider this PETITIONER: HANS J. BEUKES, MEMBER OF REHOBOTH petition. COM:\lUNITY. STUDENT AT UNIVERSITY OF CAPE I am not well acquainted with the conditions under TOWN which South Africa was entrusted with the cnstody of be the circum- I realize the great amount of work with which you South \Vest Africa as a mandate, but I am well are burdened, and the importance of many matters acquainted with the cynical attitude with which she has fly the following which demand your attention. It is therefore with some executed this "sacred trust of civilization". The social dll be of use to reservation that I tum to you. But as it is the function and economic conditions and future prospects of my of your organization to concern yourselves with the own and the other indigenous people of South West on of Students welfare of countries and their people, such as South Africa, are the sad evidence of the complete betrayal scholarship for 'Vest Africa, I feel that you are the only organization of this trust. 11 U niversitv to n Transmitted to the United Nations by letter dated 7 July I understand that amongst the conditions under r of Oslo. This 1959 from the Reverend Michael Scott. which the mandate was granted was the promise to 65 • ., aid the people in their social, economic and political Carter of the United States) on the social, political and development, all of which have been violated to the economic conditions of South Africa and South West extent of reversing development to suit South Africa's Africa. I considered myself justified for being in posses ruling prejudices about race and colour. South Africa sion of these as I am a student of economics and native has in fact shown that she was not worthy of the trust administration, as well as constitutional law. I consider confided in her in the first instance. it a duty and a necessity as a student to be well in I was assisted by the Education Department of South formed about matters which concern the welfare of West Africa when I applied for a loan to attend a others. I expected to be questioned in Norway about teacher's training school in Cape Town. But when I matters pertaining to my country, as it was a proposed subsequently approached the same department last year cultural interchange. in order to go to the University of Cape Town to The South African Government is not compelled by study law, an official did his utmost to dissuade me law to give reasons for official acts, which might be a from carrying out my intentions, pointing out the tough violation of civil rights. As a result of protest by an competition which faces young lawyers. My application official teacher's body, however, the official reason given, was refused, although four bursaries are ostensibly was the retrac'don of my passport was in the public in available annually for non-white students wishing to terest. One mt,st therefore come to the conclusion that pursue courses of study in the Union in "fields in which considering the fact that I am a South West African, there is a felt need in South West". (Statement ap as Mr. Kozonquizi, who was also refused a passport, peared in an S.W. Educational Department letter to my presence abroad, may be embarrassing to the South schools in 1956). Up to date no one has benefitted African government and the South West African ad from this progressive offer. ministration. The latter, who have made it a matter Thus in order to acquire an education, I was com of policy to keep the world uninformed about matters pelled to appeal to the Rehoboth Raad, members of in South West, which they consider to be a domestic which have frequently petitioned your organization. issue. This year I was very fortunate to be granted by a I should like to add that this scholarship, apart from South African selection committee, a scholarship, by the opportunity it would provide a member of the indi the Norsk Studentsamband. This offered a three vears genous population of South West Africa to qualify period of study at the University of Oslo to a non-white himself to be of service to his people, an opportunity student in a South African University. which has been denied our people by the mandatory I was very grateful because I thought that afterwards power so far, would have s0lved my own problems in I should be in a position to be of service to my people. the attempt to get an education. People of all groups gave me enthusiastic support and Could I be impudent enough to request the members encouragement. to imagine their own reactions if their people and them After some delay and indecision, due to the interces selves were in the same position? sion of prominent individuals, my passport was finally I should therefore like to pray to you, granted on 15 June. I was to leave on the Norwegian (l) To consider how your organization might be ship, Templar, from Port Elizabeth on 26 June. A 'week able to help me to make use of this opportunity. later on the 24th, upon my arrival in Port Elizabeth (2) To consider how your organization might fi I was met by three members of the Special Branch, a nally be able, after thirteen years of your existence and secret police organization, and an emigration official who our appeals, to open the door of opportunity to the seized my passport. The only reason they gave, was that people of South West Africa, who are still suffering they had evidence that I had associated with person under the rule of ignorance of their own and the ty suspected of being engaged in subversive activities. This ranny of others. allegation they proposed to prove by subjecting me to the kind of treatment which might be distasteful to I make this appeal, well knowing that I might be you, but which is normal procedure here, under the come the victim of intimidation, but being born in a pretence that it is in the "interest of the State". dark skin, has done that for me already. Nothing can be worse to a prisoner than being a prisoner, and we Imagine one's feelings, having to be subjected to a are the victims of oppression and degradation, wherever close search of one's person, luggage and intimate cor we go in our country of birth. respondence, everything one holds dear without discri mination, being pried into by strangers without a war (Signed) H. J. BEuKEs rant. This happened to me. The police seized publica I enclose some newspaper clippings dealing with the tions and books in my possession, one of which was a b recently published book on "Civil Liberty in South case. Some are editorials, others news items. Africa" by Dr. E. H. Brookes. It is true that most of (Signed) H. J. BEuKEs the publications contained criticisms of the South African scene, but none of them are suppressed by the govern b N ate by the Secretariat: These clippings have been retained ment. Most of them are learned treatises by eminent in the files of the Secretariat and are available to Members of scholars (among others Professors Macrone and Gwen the General Assembly upon request. 66 I the social, political and ANNEX XXXII frica and South West ed for being in posses Petition, by cablegram received on 14 August 1959, from the Tenth f economics and native International Student Seminar of the International Students Confer l1tional law. I consider ence, Wessenaar, Netherlands, to the Committee on South West Africa ;;tudent to be well in IUcern the welfare of ned in Norway about TENTH INTERNATIONAL STUDENT SEMINAR WITH PARTICIP.\NTS FROM THE " as it was a proposed FOLLOWING COUNTRIES ALGERIA, AUSTRIA, CEYLON, !>ENMARK, FINLAND, FRANCE, GERMANY, GUATEMALA, ICELAND, INDIA, INDONESIA, ITALY, JAPAN, CAMEROONS, LUXEMBURG, NETHERLANDS, NORWAY, FEDERATION MALI, PERU, PAKISTAN, SINGA It is not compelled by PORE, SOUTHAFRICA, SURINAME, SWEDEN, TUNISIA, UNITED STATES CONDEMNS cts, which might be a WITHDRAWAL OF PASSPORT 01' BEUKES ON HIS WAY TO TAKE NORWEGIAN COLAR :sult of protest by an SHIP STOP SUPPORTS THE INTERVENTION OF THE GUATEMALA DELEGATION AND le official reason given, RECOMMENDATION TO GENERAL ASSEMBLY AND URGES YOU TO MAKE ALL POSSIBLE : was in the public in to the conclusion that EFFORTS FOR BEUKES TO RECOVER PASSPORT AND CONDEMN SEGREGATION South West African, TENTH INTERNATIONAL STUDENT SEMINAR OF ISC ;0 refused a passport, urassing to the South lth West African ad ANNEX XXXIII ve made it a matter formed about matters ider to be a domestic Commwrlcation dated 2 October 1958 from Mr. Jacobus Beukes, Rehoboth Community, South West Mrica, to tht" United Nationsll :holarship, apart from 1 member of the indi I hereby respectfully inform the United Nations of pendent people. And then the Union Government took ~st Africa to qualify our condition and of the disappointments that we must possession of us, and the Union Government is itself eople, an opportunity now endure. aware that we stood as an independent people by the le by the mandatory It has been a keen dis~ppointment to hear that South side of the Allied Powers and is also aware of our my own problems in West Africa is to be partitioned in order to satisfy the heavy losses in the war, for which we have received no Union Government, the people of South West Africa compensation. Our hard-won rights are, as stated above, request the members having already presented many complaints to the heing taken from us under a dictatorship and arbitrary heir people and them- United Nations which as yet have not .been dealt with. political exploitation. ) The partitioning of South West Africa will be a great I respectfully ask what is to become of this our small to you, injustice from which thousands of persons will have people when the Union Government, as mentioned rganization might be to suffer. By refusing to supply information to the above, contemptuously sends the United Nations on its this opportunity. United Nations, the Union Government has already way. delayed the case of South West Africa, an action which, The contempt towards the United Nations shown by rganization might 11 in my opinion indicates gross contempt for the United )f your existence and the Union Government arouses keen disappointment in Nations, from which the Unbn Government took over all the inhabitants of South West Africa, and our future f opportunity to the the country as a Mandate. Such partition is neverthe ~o existence is now darker with the partitioning of South are still suffering less to take place without consulting the inhabitants of Leir own and the ty- M~.ndated "Vest Africa. We hope that right and justice will pre the Territory. What will become of our hu vail in the present session and that the small people man rights? As stated above, we are being treated with ing that I might be will also be given satisfaction, so that y ~ can return to less respect than animals, because t.l-tere is at least some the teaching of our forefathers according to the Bible, but being born in a demand for animals. We, the people of Rehoboth, were llready. Nothing can which creates the highest ideal of a nation, under a independent as a small people and were lawfully and social democratic way of life. : a prisoner, and we properly recognized by the Treaty of 1885 as an inde- legradation, wherever I hereby conclude with the respectful hope that this n Original in Afrikaans. This letter was enclosed with a letter cornmunication will reach its destination as soon as it dated 30 September 1958 from Messrs. ]. G. Diergaardt, ]. H. an'les. med) H. J. BEUKES M311, P. Diergaardt and 45 others in the Rehoboth Community (see annex XXVI). (Signed) Jacobus BEUKES ngs dealing with the lews items.b med) H. J. BEUKES ANNEX XXXIV dngs have been retained Communication dated 9 November 1958 from Mr. Jacobus Beukes\ vailable to Members of Rehoboth Community, to the United Nationsa As an old pioneer defending the interests of the '1. In the judgment of the International Court, I felt Rehoboth Community, I respectfully ask, while the grateful that the International Court was pernlitting United Nations is dealing with the interests of South oral hearings, the same as have been granted by the West Africa, for permission to speak on various ques invisible Higher Power to mankind, this being a meas tions and provide explanations in the interests of the ure that will aid in the solution of the entire question people of Rehoboth as follows: an.d also the question of South West Africa. 2. I was deeply disappointed to learn that Britain 11 Original in Afrikaans. oppo~es this and that under the Covenant of the old 67 I League of Nations ( Article 7 of the Covenant) this 4. I should also like to inform Mr. Eric Louw that is not permitted. In the event that the Mandatory re the interests of the people of Rehoboth were left pending fuses to submit reports, how can the case of South \Vest by the old League of Nations and also that the Mandate Africa be dealt with? The Mandatory has assumed the was transferred to the Union Government without the mora.! and material obligations to make annual reports knowledge of the inhabitants of the Mandated Territory. to the United Nations, a matter of vital interest to the \Ve, the people of Rehoboth, were an independent people people of South West Africa. under the Treaty of 1885, but in accord::l.11ce with the 3. I hereby ask the representative, Mr. Eric Louw, conditions of that Treaty we were bound to obedience what he means by taking his hat and walking out. What until we becanle of age, it being added that if we recog does the term "Mandate" mean? This action by the nized you as sovereign, then we would be violating para representative is evidence of gross contempt for the graph (22), and that cannot happen. This can be veri United Nations and, on the other hand, of a weakness fied in the documents of the old League of Nations. We on the part of Mr. Eric Louw himself, who, whether were treated as a "B" Mandate. If the Mandatory was right or wrong, should have argued the case for his reporting in the proper manner to the United Nations. Government or should at least have made a report as that would mean that it was speaking in the South \Vest provided in the Covenant of the League of Nations. Africa matter, but now no information at all is being As the Union Government has bee'1 administering this given to show where the people of South West Africa, Territory in the spirit of the l\Iand'lte, this is not the who have heen placed under the conditions of a Man thing to do, for we, the people of South West Africa, date, are going. are now bobbing about in an unfanliliar darkness and do not know where we are going. (Signed) J. BEVKES ANNEX XXXV took ttseH Communication dated 14 October 1958 from Mr. R. K. Lloyd, the Lusaka, Northern Rhodesia, to the United Nations our d no love, It is to be hoped that you make every attempt to has been their intention for some years. Federation was rary prevent South West Africa from falling into the hands the result. But the colour bar is also taking place in the of the Union of South Africa, because of the injustice Federation, due to the overwhelming majority of the mall caused by their laws in connection vdth the colour of Union Nationalists here, over the English. )ned races. You will recall the attitude of the South African 1 its Several attempts have been made in the past by the Government in the past, in withdrawing from United South African Government to take over Basutoland, Nations, because of UNO's interest in South West Swaziland, and the Bechuanaland Protectorate, but the 1 by Africa. South \Vest Africa should be put under British It in United Kingdom has always refused their request, for rule, because we make no colour bar. rule as near as ture the same reason. possible with justice, and eventually hand the country DUth Though born in London and an Englishman, I have to the natives, as well as being the nearest great power pre resided since 1919 in Africa, in most of the colonies, to South \Vest Africa. ople and have watched events since that date, and am very A glance at the map will show that South \Vest n to concerned at the direction which affairs are taking. The Africa is larger than the Union of South Africa. It is ible, present trials, so called "treason trials", now being held difficult to see how the smaller could rule the larg-er. ~r a in South Af,ica, will give you an indication of the We, as Englishmen, want justice to all races. Please policy being followed by that country. use your influence to see that justice is done to South this Some years ago I wrote to the then Mr. Churchill, \Vest. asking that we have federation here to strengthen us IS it against any attempt of the Union to absorb us, which (Signed) R. K. LLOYD KES felt ling the eas :lOn lain old 68