United Nations

United Nations GENERAL ASSEMBLY Agenda item 38 ANNEXES FOURTEENTH SESSION Official Records 7 NEW YORK, 1959 Agenda item 38: Question of South West Africa* (a) Report of the Good Offices Committee on South West Africa; (b) Report of the Committee on South West Africa; ( ) Study of legal action to ensure the fulfilment of the obligations assumed by the Union of South Africa in respect of the Territory of South West Africa; (d) Election of three members of the Committee on South West Africa CONTENTS Document No. Title Page Plenary meetings (first phase): A/4224 Report of the Good Offices Committee on South West Africa ...... 1 Fourth Committee: A/C.4/413 Letter dated 29 September 1959 from the Permanent Representative of the Union of South Africa to the United Nations, addressed to the Secretary of the Fourth Committee ...... 5 A/C.4/422 Letter dated 18 June 1959 from the Reverend William J. Devenney to the Chairman of the Committee on South West Africa ...... 7 A/C.4/425 Statements made in South West Africa by Chief Hosea Kutako, Chief Samuel Witbooi, the Reverend Markus Kooper and other petititioners ...... 10 A/C.4/L.599 Denmark, Finland, Norway and Sweden: amendments to document A/C.4/L.595 and Add.1 ...... 14 Plenary meetings (final phase): A/4272 and Add.1 Report of the Fourth Committee ...... 15 Action taken by the General Assembly ...... 21 Check list of documents ...... 24 DOCUMENT A/4224 Report of the Good Offices Committee on South West Africa [Original text: English] [23 September 19591 LETTER DATED 21 SEPTEMBER 1959 FROM THE CHAIRMAN OF THE GOOD OFFICES COMMITTEE ON SOUTH WEST AFRICA ADDRESSED TO THE SECRETARY-GENERAL I have the honour to transmit to you herewith the report of the United Nations Good Offices Committee on South West Africa prepared in accordance with General Assembly resolution 1243 (XIII) of 30 October 1958. The report was unanimously adopted by the members of the Good Offices Committee. The Committee was requested by that resolution to submit its report to the General Assembly at its fourteenth session. I should therefore be grateful to you if you would distribute it to the Members of the United Nations. (qjgd) Charles ARDEN-CLARKE 1. The United Nations Good Offices Committee on cuss with the Government of the Union of South Africa South West Africa was established by General Assem- a basis for an agreement which would continue to bly resolution 1143 (XII) of 25 October 1957, in accor- accord to the Territory of South West Africa an interdance with which the Committee was directed to dis- national status. * For the discussion of this item, see Official Records of the General Assembly. Fourteenth Session, Fourth Commttee, 890th, 900th, 904th to 932nd, 949th, 950th, 993rd and 994th meetings; and ibid., Plenary meetings. 838th and 857th meetings. 1 Annexes (XIV) 38

General Assembly - Fourteenth Session - Annexes 2. As a result of its activitiesprior to the thirteenth session of the General Assembly, the Committee submitted a report (A/3900) in which it gave an account of its discussions with the Government of the Union of South Africa. The report embodied the solutions proposed by the Committee which proved unacceptable to the Government and the solution proposed by the Government which provedunacceptable to the Committee. In the absence of an agreement on any other proposals, the Committee expressed to the General Assembly (a) the opinion that a form of partition might provide a basis for an agreement concerning the Territory of South West Africa, and (b) the hope that the General Assembly would therefore encourage the Government of the Union of South Africa to carry out an investigation of the practicability of partition, on the understanding that if the investigation proved this approach to be practicable the Government would be prepared to submit to the United Nations proposals for the partitioning of the Territory. 3. Following the discussion of this report at its thirteenth session, the General Assembly adopted resolution 1243 (XIII) of 30 October 1958 by which it decided not to accept the suggestions contained in the report of the Committee that envisaged partition and annexation of any part of the Territory as a basis for the solution of the question of South West Africa; invited the Committee to renew discussions which the Government of the Union of South Africa in order to find a basis for an agreement which would continue to accord to the Mandated Territory of South West Africa as a whole an international status, and which would be in conformity with the purposes and principles of the United Nations; requested the Committee, in the conduct of its work, to bear fully in mind the discussions held at the thirteenth session of the General Assembly; requested the Committee to submit a further report to the General Assembly at its fourteenth session; and requested the Secretary-General to continue to provide the Committee with all necessary staff and facilities. 4. During the period under review, Member States were represented on the Committee by the following persons: Brazil: Representative: Mr. Vasco T. Leito da Cunha; Alternate representative: Mr. Carlos Sette Gomes Pereira; United Kingdom of Great Britain and Northern Ireland: Representative: Sir Charles Noble Arden-Clarke; United States of America: Representative: Mr. Walter N. Walmsley; (later): Mr. William Howard Taft III; Alternate representative: Mr. Benjamin Gerig. Sir Charles Arden-Clarke continued to hold office as Chairman of the Committee. In accordance with the terms of resolution 1243 (XIII) the Committee was assisted throughout its work by a secretariat appointed by the Secretary-General. 5. The Committee held a series of meetings from 15 to 22 January 1959 with a view to determining the action to be taken by it under General Assembly resolution 1243 (XIII). A letter dated 22 January was then sent by the Chairman to the Minister of External Affairs of the Union of South Africa (see annex I). The letter expressed readiness on the part of the Coin- mittee to renew discussions with the Government of the Union of South Africa in accordance with General Assembly resolution 1243 (XIII) and invited it to designate a representative or representatives to confer with the Committee at a time and placeto be mutually agreed upon. 6. The reply of the Government of the Union of South Africa was contained In a letter dated 15 May 1959 from the Union Minister of External Affairs addressed to the Chairman of the Committee (see annexII). The Union Government stated inter alia, that it was still prepared to act in accordance with the spirit which animated the 1957 resolution of the GeneralAssembly establishing the Committee and to collaborate with the Committee on the basis of the terms of reference contained therein. It stood by that resolution and in particular by the recommendation included inthefinal paragraph of the report of the Committee regarding an investigation of the partition suggestion, If, however, the Committee should feel that it was debarred by the 1958 resolution from giving further consideration to the partition proposal, it was difficult to see what useful purposes could be served by renewing, under the Committee's new and much restricted terms of reference, the discussions which had been initiated in the previous year in such completely different circumstances. 7. The Committee held a further series of meetings on 16 and 17 June 1959 to consider the rdply of the Union Government and approved a further letter which was sent by the Chairman on 19 June 1959 to the Union Minister of External Affairs (see annex III. In that letter the Committee stated that its terms of reference under the 1958 resolution were not essentially different from those under the 1957 resolution. Itwas true that the 1958 resolution specifically ruled out the suggestions which envisaged partition or annexation as a basis for a solution, but the Committee itself had been the first to point out that in bringing such suggestions to the notice of the General Assembly it was laying itself open to the charge of having exceeded its 1957 terms of reference. The Committee went on to state that it was prepared to renew the discussions in the same spirit which had animated it throughout. In view of the assurance of the Union Government's sincere desire to find a mutually acceptable solution to the question, the Committee reiterated the invitation for further discussions contained in the previous letter. 8. In a reply dated 15 July 1959 (see annex IV), the Minister of External Affairs of the Union Government, while disagreeing with the view of the Committee that its present terms of reference were not essentially different from those under the 1957 resolution, stated that in accordance with his Government's desire to find a mutually acceptable solution to the South West Africa issue, it was prepared to have representatives available in New York to explore means towards that end. 9. Renewed discussions with representatives of the Union Government took place between 11 and 21 September in New York, the Union Government being represented by Mr. W. C. Naudd, Under-Secretary for External Affairs and by Mr. B. G. Fourie, Permanent Representative to the United Nations. 10. In opening the discussion, the Committee made it clear that it was bound by its 1958terms of reference and that in consequence partition had been ruled out

Agenda item 38 3 as a solution, but that there were other possible solutions which merited consideration. In the absense of any proposal from the Union representatives, the Committee pointed out that because of its need to report to the General Assembly within a short space of time detailed negotiations seemed precluded, and suggested that the Union Government and the Committee might agree on the following formula, within the framework of which future negotiations should take place: "It is agreed that further talks might be concentrated on the negotiation of some form of agreement to which the United Nations must be a party for the supervision of the administration of South West Africa in a manner which would not impose greater responsibilities on the Union Government or impair the rights enjoyed by it under the Mandate." 11. The Union representatives replied that the formula proposed by the Committee was not oneto which their Government could subscribe. They stated that their Government's difficulties were the same as those put forward by Union representatives at Pretoria and summarized in paragraphs 38 to 41 of theCommittee's previous report (A/3900). 12. Subsequently the Union representatives explained the attitude of their Government as follows: "(1) The Union Government in the spirit of the 'new approach' initiated at the 1957 Assembly, and in view of the terms of the Assembly resolution containing the terms of reference, agreed to meet the Good Offices Committee at Pretoria in 1958, when the whole South West Africa issue was fully discussed in a cordial spirit. "(2) A proposal for the settlement of the issue put forward by the Good Offices Committee was unacceptable to South Africa; likewise, a proposal made by the Union could not be entertained by the Committee, in spite of the fact that in our opinion it went a considerable way towards meeting the attitude taken by the Assembly during past years. "(3) The Union Government did, however, express its willingness to investigate a suggestion regarding a proposed partition of the South West Africa territory. This suggestion was in due course incorporated in the report with a recommendation of the Good Offices Committee. "(4) The Committee's recommendation was rejected by the Fourth Committee and later also by the Assembly, which thereupon reappointed the Committee with new and very much restricted terms of reference. "(5) Although the Union Government saw little prospect of finding a solution of the South West Africa issue on the basis of the new and restricted terms of reference, it nevertheless agreed once more to discuss the issue with the reappointed Committee. "(6) The attitude of the Union Government was put to the Committee, viz. that the Union Government still stands by its underfaking to investigate the feasibility of the partition proposal as recommended in the concluding paragraphs of the Committee's previous report, such investigation naturally being made in consultation also with the indigenous inhabitants of the Territory. The attitude of the Union Government is in conformity with the spirit of the 'new approach' and of the resolution which was in 1957 agreed to by a large majority of the Assembly. The Union Government is convinced that this recommendation contained in the Good Offices Committee's report still holds out the best prospects for settling the issue. "(7) The Committee's attitude is that it is precluded by the new terms of reference from considering the recommendation contained in last year's report. The Union Government hopes that it will be realized that the interests of the indigenous inhabitants demand that this avenue be explored. "(8) As already indicated the Union Government is unable to accept the proposal put forward by the Committee [see para. 10, above]. In its view this proposal would not lead to a solution of the issue. "(9) The Union delegation reminded the Committee that at the 1958 discussions the Union Government reiterated its willingness to enter into an agreement with the three remaining Allied and Associated Powers, from whom South Africa received the Mandate over South West Africa in 1920. That offer still stands. Once again the Committee was precluded from considering this suggested solution of the issue by its restricted terms of reference. "(10) In spite of these difficulties, the Union is still willing to continue negotations with the Committee for the purpose of arriving at an arrangement which would be acceptable both to the Union Government and to the United Nations, it being understood that such discussions will be without prejuduce to the juridical position which it has consistently held in regard to this issue." 13. Without wishing to comment on all aspects of the Union Government's statement, the Committee reiterated that it was not in a position, in view of the terms of General Assembly resolution 1243 (XIII), to consider proposals relating to partition and explained that its attitude concerning the offer to enter into an agreement with the three Powers remained the same as that set out in paragraph 44 of its previous report. The Committee appreciated that the final paragraph of the Union statement contained an expression of readiness to participate in further negotiations for the purpose of arriving at a mutually acceptable arrangement. After careful consideration however, the Committee expressed the view to the Union representatives that the paragraph in question was not sufficiently precise or encouraging, particularly when read in the context of the whole statement, to provide a framework within which further negotiations could take place withprospects of achieving an agreement acceptable to the United Nations. 14. The Union representatives stated that in an effort to meet the point of view of the Committee the Union wished to propose the following text: "It is agreed that further talks with the Union Government should be concentrated on negotiation with the United Nations, through its Good Offices Committee, of some form of settlement regarding South West Africa, which would not impose greater (or more onerous) responsibilities on the Union Government or impair any of the rights conferred upon it by the Mandate in 1920, it being understood that such discussions will be without prejudice to the juridical position taken up by the Union in the past."

4 General Assembly - Fourteenth Session - Annexes 15. The Committee explained that the new text did not, in its view, improve the position and that it was unable to report it to the General Assembly as an agreed text. 16. The Committee, therefore, regrets to inform the General Assembly that it has not succeeded in finding a basis for an agreement under its terms of reference. Annex I LETTER DATED 22 JANUARY 1959 FROM THE CHAIRMAN OF THE GOOD OFFICES COMMITTEE ON SOUTH WEST AFRICA ADDRESSED TO THE MINISTER OF EXTERNAL AFFAIRS OF THE UNION OF SOUTH AFRICA I have the honour to inform you that the members of the Good Offices Committee on South West Africa, at a meeting held in New York on 22 January 1959, expressed their readiness to renew discussions with representatives of the Government of the Union of South Africa in accordance with General Assembly resolution 1243 (XIII) of 30 October 1958. The Committee accordingly invites the Government of the Union of South Africa to designate a representative or representatives to confer with it at a time and place to be agreed upon by the Committee and the Government of the Union of South Africa. The Committee suggests that London would be a suitable place for the renewal of the discussions Initiated during 1958, and it would suit the convenience of the members of the Committee if the meeting could be arranged in June. Annex II LETTER DATED 15 MAY 1959 FROM THE MINISTER OF EXTERNAL AFFAIRS OF THE UNION OF SOUTH AFRICA ADDRESSED TO THE CHAIRMAN OF THE GOODOFFICES COMMITTEE ON SOUTH WEST AFRICA I have the honour to refer to your letter TR. 230 of 22nd January 1959, and to inform you that the invitation contained therein for further discussions with your Committee on the subject of South West Africa has been carefully considered by the Government of the Union of South Africa. Resolution 1243 (XIII) of October 30th, 1958, in terms of which your invitation is extended, invited the Good Offices Committee to "renew" discussions with the Union Government. The Assembly apparently assumed that the circumstances which existed at the time of the Pretoria discussions still prevail. That, of course, is not the case. Subsequent events and discussions at the thirteenth Assembly of the United Nations have, as you will agree, materially affected the situation. It is most important that this fact should be fully appreciated, and I therefore take the liberty of briefly reviewing the circumstances which persuaded the Union Government to respond favourably to the invitation to enter into discussions in terms of General Assembly resolution 1143 (XII) adopted the previous year. As you will recall, it was clearly stated at the time, and repeated during the initial stages of the Fourth Committee's debate, that the Union Government, impressed as it was by the spirit which animated the "new approach", was prepared to regard your Committee's invitation as evidence of a sincere desire on the part of a large number of Member States to undertake a fresh start on the South West African issue, and to see whether, In a spirit of mutual goodwill and understanding, a solution acceptable to all parties could be achieved. It was in these circumstances that we consented to meet your Committee-on the strict understanding, of course, that participation in the discussions would be without prejudice to the Union's consistently held stand on the juridical aspect of the issue. As further evidence of the Union Government's goodwill, the Committee was invited to come to Pretoria for the talks, which were there conducted in a frank and cordial atmosphere. You will recall, also, that it was only after several avenues for arriving at an agreement had been explored, that your Committee mentioned the so-called partition proposal, which visualized the partition of South West Africa in such a manner that the northern part of the Territory, which would house the Native peoples, would be placed under the trusteeship of the United Nations, to be administered as an integral part of South Africa, while the rest of the Territory would be annexed to the Union. The Union's representative, as you will remember, expressed the view that this suggestion merited further study, and, after further discussion, it was agreed that your Committee, would in its report recommend to the United Nations that the Union Government be requested to investigate the feasibility of such a plan. In this connexion it is important that I remind you of the specific assurances of which I gave to the Fourth Committee that the wishes of all the inhabitants of the Territory would be taken into account in the course of any investigation undertaken by the Union Government and that we would only put forward to the United Nations a specific proposal in the event of our investigation proving the partition proposal to be a feasible one. I need hardly remind you and your fellow members of what happened in New York. Almost immediately after the Fourth Committee had convened, a violent attack was launched against the report of your Committee-an attack which was continued for several days. When the Fourth Committee by a large majority decided to hear the evidence of Messrs. Scott and Getzen on the report of your Committee, I was obliged to inform the Fourth Committee that the majority of delegations had clearly come to the meeting determined to wreck the report-and at the same time to wreck the so-called "new approach". This view was fully borne out by the discussions which ensued after the withdrawal of the Union delegation, when numerous distasteful allegations were made concerning not only the Union's administration of South West Africa, but also the Union's internal affairs. It was clear that there was little if any hope that there would be an objective discussion of the proposals contained in the Good Offices Committee's report. Moreover, the general tone of the ensuing discussion showed that we were correct in our view that the essential elements of conciliation and goodwill had in fact been absent from the beginning of the discussions in the Fourth Committee. Indeed, this unfortunate fact was brought into clear relief when it proved to be impossible to secure a clear majority for even the straightforward proposal to express appreciation of the work done by the Good Offices Committee! In the event, the "new approach" upon which our hopes were built for a solution of the South West African issue, was wrecked by the fairly large majority of the Fourth Committee. It is true of course that an effort was made to salvage the 'new approach". Those delegations who had endeavoured to pursue a realistic and constructive course sought to save the situation by moving for the reappointment of the Good Offices Committee. This they could, however, only achieve by sacrificing what to the Union Government were essential elements in the 'new approach', and resolution 1243 (XI) of October 30th, 1958, therefore emerged from the Assembly inter alia with your Committee's new and much restricted terms of reference. You, and the other two members of the Committee who participated in the frank and friendly discussions at Pretoria, and who were able to acquaint yourselves with the views of the Union Government, will, I am sure, appreciate that the new and restricted terms of reference could not possibly form the basis of an agreement. The position is that the Union Government is still prepared to act in accordance with the spirit which animated the 1957 resolution, and to collaborate with your Committee on the basis of the terms of reference contained therein. The Union Government stands by the 1957 resolution of the Assembly, and particularly by the recommendation included in the final paragraphs of the report of the Good Offices Committee regarding an investigation of the partition suggestion-a suggestion which, I think you will agree, was never seriously considered by the Fourth Committee.

Agenda item 38 5 In this connexion the Union Government has noted with interest that in adopting a resolution on March 13th, 1959, in connexion with the future of the British Cameroons, the General Assembly had no objection to the two principles of partition and annexation. Should your Committee feel that it is debarred, by the 1958 resolution, from trying to find a solution on the basis of your report to the General Assembly, and therefore from giving further consideration to the partition proposal, it is difficult to see what useful purpose could be served by renewing the discussions which were initiated last year under such completely different circumstances. In conclusion, I wish once more to assure you and your fellow Committee members of the Union Government's sincere desire to find a mutually acceptable solution of the South West African issue. Annex III LETTER DATED 19 JUNE 1959 FROM THE CHAIRMAN OF THE GOOD OFFICES COMMITTEE ON SOUTH WEST AFRICA ADDRESSED TO THE MINISTER OF EXTERNAL AFFAIRS OF THE UNION OF SOUTH AFRICA I have the honour to refer to your letter of 15 May 1959 regarding the invitation of the Good Offices Committee on South West Africa for the renewal of discussions concerning that Territory. Your letter has been given most careful consideration by the Good Offices Committee, which has approved the present reply. With regard to the expression of the views of your Government on the proceedings of the Fourth Committee on this question during the thirteenth session of the General Assembly, you will, I feel sure, appreciate that it would be quite improper for the Committee to enter into any controversy over the views expressed during those proceedings. Rather it conceives it to be its task, while bearing those discussions fully in mind, to seek by sincere and conciliatory discussions the basis for an agreement concerning the future status of the Territory according to the principles set forth in resolution 1243 (XIII) of the General Assembly. The Committee wishes to comment, however, on the fifth paragraph of your letter, in which you give an account of the "partition proposal", which might be taken to imply that the Committee had itself proposed that South West Africa should be partitioned and part annexed to the Union. As will be noted from the report of the Committee (A/3900, paragraph 51), and the statement of the Chairman to the Fourth Committee (A/C. 4/PV.745, pp. 7 and 8), the Committee merely expressed the opinion that a form of partition might provide a basis for a solution and the hope that the Union would be encouraged to carry out an investigation. The Committee has further noted that your Government, while expressing its readiness to collaborate with the Good Offices Committee on the basis of the terms of reference contained in the 1957 resolution, finds it difficult to see what useful purpose could be served by renewing the discussions under the present circumstances. It is the view of the Committee that its terms of reference under the 1958 reso- lution are not essentially different from those under the 1957 resolution. It is true that the 1958 resolution specifically rules out suggestions that envisage partition or annexation as a basis for a solution, but the Committee itself was the first to point out both in Pretoria and in its report that in bringing them to the notice of the General Assembly it was laying itself open to the charge of having exceeded its 1957 terms of reference. I wish to assure you that the Committee is prepared to renew the discussions in the same spirit which has animated it throughout. In view of the assurances of the sincere desire of your Government to find a mutually acceptable solution to this question, the Committee has requestedmeto reiterate the invitation for furiher discussion contained in my letter of 22 January 1959. Since the time available is now limited by the need to present a report to the forthcoming session of the General Assembly, the Committee would appreciate being informed at an early date whether your Government agrees to the renewal of the discussions and, if so, what date you would suggest. Annex IV LETTER DATED 15 JULY 1959 FROM THE MINISTER OF EXTERNAL AFFAIRS OF THE UNION OF SOUTH AFRICA TO THE CHAIRMAN OF THE GOOD OFFICES COMMITTEE ON SOUTH WEST AFRICA I have the honour to refer to your letter TR 230 of 19th June 1959, in which you enquire whether the Government of the Union of South Africa agrees to the renewal of the discussions with your Committee and if so, to suggest a date. It is noted that your Committee had given careful consideration to my letter of 15th May last in which I explained fully why the Union Government found it difficult to see what useful purpose could be served by renewing the discussions which were initiated last year under such completely different circumstances. It is further noted that in the view of your Committee the present terms of reference are not essentially different from those under the 1957 resolution-a view with which the Union Government cannot agree. Your letter also leaves me with the impression that your Committee feels that despite the Union Government's views as expressed in my letter of 15th May, there is a possibility that progress can be made through a renewal of the discussions. As was repeatedly stated both at the Pretoria talks and during the discussions of the Fourth Committee last year, it is the Union Government's desire to find a way out of the impasse which could lead to a mutually acceptable solution of the South West Africa issue. In accordance with that expressed desire the Union Government is prepared to have representatives available in New York to explore, with your Committee, means towards that end. If it would suit the convenience of your Committee it is therefore suggested that the discussions might commence in New York on 11th September 1959. The Union Government notes that the Good Offices Committee is prepared to renew discussions in the same spirit which animated the Pretoria talks. For my part I should like to assure you that this sentiment also reflects the sincere desire of the Union Government. DOCUMENT A/C.4/413 Letter dated 29 September 1959 from the Permanent Representative of the Union of South Africa to the United Nations, addressed to the Secretary of the Fourth Committee [Original text: English] [30 September 1959] It will be recalled that at the 884th meeting of the African Delegation, requested that certain articles and Fourth Committee, Mr. Louw, the Leader of the South correspondence be circulated as official documents.

6 General Assembly - Fourteenth Session - Annexes I enclose herewith the three documents in question and shall be grateful if they can be circulated as official documents of the Fourth Committee. (Signed) B. G. FOURIE ENCLOSURES Copy of a dispatch by the South African Press Association published in the South African newspapers regarding the visit of a group of foreign journalists to Rehoboth, the home of the Beukes family. Interviewed by a group of foreign correspondents, members of the Rehoboth Advisory Council said that if Mr. Beukes were to speak at the United Nations against the Union Government and the Administration of South West Africa, he would not be doing so on behalf of the Rehoboth community or the Advisory Council. Hans Beukes's grandfather, Johannes Beukes, who is a member of the Advisory Council, told the journalists: 'I specifically warned him, when the Council sponsored his passport to go to Norway to study, not to allow himself to be influenced to attack the South African Government or the South West African Administration while he was abroad." He said he wanted Hans to go overseas and qualify so that he "could return to South West Africa and serve his own people". He had also told him that if he acted like Getzen (who is also from South West Africa and who attacked the Union Government at the United Nations) it would make it difficult for other students to get passports for study purposes abroad. The father of Hans Beukes, Herman Christoffel Beukes, who is chairman of the Rehoboth Civic Association, confirmedthat Hans had no authority to speak atthe United Nations on behalf of the Rehoboth Advisory Council or theRehobothcommunity. He believed that if Hans went to the United Nations, it would not be to attack South Africa or South West Africa, but to enlist the assistance of the United Nations in enabling him to return to South West Africa after completinghis studies in Norway. "If I knew where he was, I would send him a cable Instructing him not to make representations at the United Nations on matters affecting our community, because this is a matter between us, the Government of South Africa and the South West Africa Administration", he said. Extracts from a news item in the Windhoek Advertiser of 7 August 1959 Beukes says news report wanted to make liar out of son "Could you please tell me where my sonis', said Mr. H. C. Beukes, father of the Rehoboth-born student, Hans Beukes, when he entered the Advertiser office this week. Tears were forming in his eyes... Mr. H. C. Beukes, the father of Hans, came to the Advertiser office as result of an article sent by a SAPA reporter to various newspapers. Mr. Beukes said that his words had been twisted and was written, in his opinion, to make a liar out of his son if he talks overseas. Only one fact was correct in the article, said Mr. Beukes, He had told the correspondent that ifhis son now talks against the Government overseas because his passport has been taken away, then he blames the Government because they should not have taken his passport away ... Mr. Beukes said that he had not said that Hans had no authority to speak at the United Nations on behalf of the Rehoboth Community. His father had also not said so ... Copy of a letter sent to the South Afrcan Press Association by the President of the Foreign Correspondents' Association of South Africa The Foreign Correspondents' Association of South Africa P.O. Box 2059 Pretoria 13th August, 1959 Mr. David Friedmann The Editor, SAPA P.O. Box 7766 Johannesburg Dear Mr. Friedmann, Thank you for your copy of extracts from the Windhoek Advertiser concerning the interview a number of Foreign Correspondents visiting South West Africa as guests of the Administration had recently with the Beukes family at Rehoboth. During the 7 years since our Association was formed we have resisted and will continue to resist all efforts to draw us into S. Africa's politics but in the interests of accuracy you might like to know the following facts, which are corroborated by the members of our Association who were invited to South West Africa. We went to Rehoboth at our request hoping to meet members of the Beukes family, although nothing had been arranged by the Administration. We found Hans Beukes's grandfather by accident when we were looking for members of the Raad who would give us their point of view and while we were talking to him Hans Beukes's father came forward spontaneously to talk to us. The two members of the Administration who had driven us to Rehoboth took no part in these conversations. Both father and grandfather answered our questions readily and volunteered further information. Since receiving a copy of the Windhoek Advertiser we have checked our notes of those interviews with the story put out by SAPA. Our notes confirm it as an accurate report of both the Beukes statements to us, which we ourselves cabled overseas. We should have been happy to have given them to the Windhoek Advertiser if they had approached us. No restrictions were placed on us by the Administration at any time. In fact a visit to Rehoboth had not been included in the original schedule for our visit. It was arranged by the Administration at the last minute at our request. Very sincerely yours, (Sined) Margaret LESSING President Signed on behalf of: Mr. Henri Schoup, United Press International Mr. Adrian Porter, Associated Press of America Mr. Edmund Bellairs, Agence France-Presse Mrs. Margaret Lessing, Daily Herald, London. P.S. The fifth member of our party, Mr. Hans Kruger of the German News Agency, did not accompany us.

Agenda item 38 7 DOCUMENT A/C.4/422 Letter dated 18 June 1959 from the Reverend William J. Devenney to the Chairman of the Committee on South West Africa [Original text: English] [8 October 1959] Note by the Secretariat: The following letter is circulated to members of the Fourth Committee in accordance with a decision taken by the Committee at its 900th meeting. All the footnotes in this document are author's notes. Would you be so kind as to read the following to the Committee on South West Africa, or at least, see that the members are aware of it. It is impossible that I appear before the Committee, since I am sailing for South West Africa July 1, 1959. (Sned) Rev. William J. DEVENNEY TO THE COMMITTEE ON SOUTH WEST AFRICA: Re: Statements concerning Roman Catholic Mission Schools made by Mr. Kerina (Getzen) at the seven hundred and forty-ninth meeting held at Headquarters, New York, on Monday, 6 October 1958 at 3.15 p.m.A/ and at the seven hundred and fifty-fifth meeting held at Headquarters, New York, on Thursday, 9 October 1958, at 3.15 p.m.!-/ Introduction to the writer: The Rev. William J. Devenney is a citizen of the United States of America, a B.A. in Philosophy and an M.A. in Anthropology, Manager of the Roman Catholic Elementary School at Luderitz, South West Africa, and a permanent resident of South West Africa since 1953. Status of the Roman Catholic Elementary School at Luderitz, South West Africa: Recognized by the Department of Education, South West Africa. Enrolment: About 120 African and Coloured pupils. Teachers: Two Coloured (one of them non-Catholic) at the Coloured School; one nun (White) at the African School. (The Government requires that there be a separation of Coloureds and Africans when they attend school; i.e., that there be two different school buildings, one for Coloureds and one for Africans). Religion: Roman Catholic, but admits and has admitted nonCatholics. No child is forced to become Roman Catholic. Number of Standards: The Coloured School goes to Standard VI. The African School goes to Standard IV, but could also have had the same as the Coloured School if local parents kept their children in school after Standards II and IV. There must be a certain number of pupils as minimum for each Standard taught. Languages: Afrikaans is the first language and English the second, for both African and Coloured children. Textbooks: The same for African and Coloured pupils. I, the Rev. William J. Devenney, inmycapacity as Manager and Spiritual Guide for the Roman Catholic Mission School at Luderitz, South West Africa, defend the Catholic philosophy of education against the inaccurate statements made by one Mr. Kerina (Getzen) on the 6 and 9 October 1958 and published as official records under the symbols A/C.4/PV.749 and A/C.4/PV.755. Mr. Kerina (Getzen), when he speaks of Roman Catholic Mission Schools, seems to have adopted the practice of dealing in generalities or drawing conclusions from unsubstantiated 2/ A/C.4/PV.749. / A/C.4/PV.755. statements. Furthermore, he has not, to my knowledge, answered the questions put tohimbyMr.Rodriguez Fabregat. The questions of Mr. Rodrfguez Fabregat:c/ "Referring, in particular, to some of Mr. Kerina's previous statements, I hope I may be forgiven for coming now to another field, which is understandably more familiar to me and nearer to my heart-the field of education and its problems in the Territory. On the hypothesis that, at the very least, a population under Mandate was offered new prospects of intellectual development and progress, Iwould ask Mr. Kerina to explain and amplify some of the very grave statements he made before this Committee on 6 and 7 October-two days ago-regarding the educational system in the Territory of South West Africa. I should like to know whether this educational system is based roughly on a supposedly religious concept which implies the supremacy of the white, European population over the African population. And I would ask ... in what institution the absurd doctrine he mentioned is taught, the doctrine that whites were created by God and coloured people by the devil, so that I can at least know where I stand with regard to the plan of creation taught by the teachers of the racist Government of the Union of South Africa." Mr. Kerina answered:d"The first statement that I mentioned about the pictures brought to the classroom was made in front of me in the Roman Catholic School which I attended...." The first statement of Mr. Kerina was:Ie "African children are indoctrinated from a very early age in the theory of white supremacy. This is not done extensively in the schools where there areAfricanteachers and principals, but in schools where there are white teachers and principals this indoctrination is present to a wide extent. The following examples will illustrate something of the nature of this indoctrination. "In an elementary mission school which I attended, a teacher one day brought two pictures to class-one showing heaven in all its beauty, occupied only by whites, and the other showing the tortures of hell, where all the inhabitants had black skins. "When I asked her what was the reason for that, she replied that: 'If you behave like an obedient native, after death you would be transformed into a white and admitted into heaven. But if you are an undesirable native, you can only expect to go to hell'." I could tell another story to contradict Mr. Kerina, but that would be the beginning of an anthology of "Individual Stories". We would establish nothing. What I would like to know is: 1. The name of the person who made the statement; 2. The year, at least, when the statement was made; 3. The Standard Mr. Kerina was in when the statement was made; 4. The language in which the statement was made. c/ A/C.4/PV.755, p. 16. A/ Ibid., p. 17. e/ /C.4/PV.749, pp. 54 and 55.

8 General Assembly - Fourteenth Session - Annexes If such a thing were said, it would be contrary to everything that the Roman Catholic Churchteaches. Anyone teaching such absurd doctrine would not only be going contrary to Catholic doctrine, but would be, to saythe least, reprimanded by his superior. I shall not contradict Mr. Kerina's concepts and ideas of Catholic education with my words; I shall use the words of the Head of the Catholic Church which were heard in Vienna by the teachers of twenty countries when they gatheredthere for the third international congress of the World Union of Catholic Teachers, August 5, 1957.Y... He (the Catholic Teacher)Z/ will point out that those faraway people feel as we do, that they too have achievements to point to and can serve as our models in many things. Above all, he will stress the fact that they too have God for their Creator and Father, that they too are included in the love and salvation of Christ and called to his Church. Thus young people will, with all due pride in the history and attainments of their own people and with all love of their country, also have respect and good will, for all other nations. What power there lies in such education against excessive nationalism which lacks that respect and good will, and which is incompatible with Christian thinking. Here too the effect of your school reflects in a precious way the world-wide unity of the Catholic Church..." Concerning the young nations of Asia and Africa, Pius XII said: "in Our Christmas message of December 24, 1955, We considered the relation of Europe to the younger, nonEuropean states while discussing ways of securing world peace. These states, We said, should not forget how much they owe to Europe; and Europe should continue to be generous in putting at their disposal those genuine values in which it is rich. "What We said then you may apply, mutatis mutandis, to the problem of schooling and education. But we should hold it self-evident that those young and, perhaps, still underdeveloped peoples must adopt cultural values organically, that is, just as a living organism absorbs and incorporates what is given to it. They must grow in a way and to a measure that corresponds to the conditions of a young nation, and always in such a manner thatpsychic and moral growth keep pace with technical, economic, and intellectual advances. The genuine building of culture aims at whole persons oriented to God. This is the task of all those who can influence intellectual development, particularly Catholic teachers." If, however, these words are of too recent origin, I suggest that Mr. Kerina might read to the Committee the Catholic doctrine concerning Creation, etc., from the Catholic Catechism which he used in school at the time of this alleged attack. If he does not have one, I would be only too glad to send one to the Committee. Again, Mr. Kerina deliberately attacked the principal of the Roman Catholic School at Doebra with the following statement: h "However, I also had the opportunity of visiting the Roman Catholic training school centre at Doebra. I visited that area several times because some of my friends who were raised by my own parents were attending school there. I was very shocked one morning in 1952 when I entered the class and listened to the principal, who had arrived from Germany to preside over Doebra, when he sawthe first Herero priest who was ordained in South West Africa walking out of the class, probably after careful observation of the educational system. This priest stood up in front of his students. I was just a visitor there; I was not a student there; I never liked f/ This was a letter from Pope Pius XII read by Archbishop Franz Koenig of Vienna and reported inOsservatoreRomano, September 7, 1957. German text. The English text may be" found in The Pope Speaks, Addresses and Publications of the Pope, vol. 4, No. 4 (Spring 1958), pp. 371-374, published at 3622 12th Street, N.E., Washington, D.C. Parentheses mine. h/ A/C.4/PV.755, p. 17. it because of the Inferiority of the education. He stood before his students and told them, 'Do you know that, no matter how high a black man canbe educated, he is always a black man? So don't be convinced when you see one of your fellow men becoming a priest. He is still a black man'. We did not understand why he expected him to change to white, in fact, We were proud that he was black in the first place. Then he went on to say: 'Do you know what? When I arrived at Walvis Bay, at your dock, I looked around the whole surroundings, and the first thing I noticed was a native smell'. He ended there. I walked out of the class and left the whole place, because in fact Iwas not a student and I did not have any right to express my opinion there. "These were the statements made on various occasions at all these schools in order to make the African youngsters probably subjective to the whole "apartheid" policy in South West Africa, andunconsciously most of our students have been affected by this whole philosophy. There are times when they would like to resist, but there are times when they are forced not to resist, because they begin to doubt themselves as human beings, part of God's creation." This, in the words of Mr. Kerina, is not only an illustrative story, but a "whole philosophy". The story has already been denied by the principal of the school he mentioned, but Mr. Kerina has yet to rectify the damage to the Roman Catholic Missions caused by this false statement. The Pope, in 1951 and again in 1957, referred as follows to the missionary policy of the Catholic Church..' " ... in accordance with that final, as it were, goal of missionary efforts, namely, that 'the Church should be solidly estalished among other peoples and a Hierarchy given to them chosen from among their own sons' (Encyclical, Evangeli Pracones, 1951). In accordance with this policy the new Churches of Africa are taking their legitimate place in the great Catholic family, while the rest of the faithful who have preceded them in embracing the faith unite with them in brotherly love and welcome them enthusiastically." Again:/ "We intend to proceed without hesitation along this way. Those who enter the Church, whatever their origin or their status, must know that they have equal rights within the House of the Lord, where the Law of Christ and the peace of Christ prevail',-Pius XII, Summi Pontificatus, 1939. "The law of Christ governs the Catholic Church. And Christ reduced all His law to two great commandments: Love God; love your neighbour. The second commandment is the rub. It is at the heart of the error of racism. But in the Church of Christ, the law of Christ must prevail. Negroes, Puerto Ricans, Mexicans, Indians-all peoples and races have equal rights in the Catholic Church no matter what individual Catholic may think about the matter. There is no equivocation here; there is no pussy-footing. The Catholic Church receives all. The Catholic Church must love all. And Pius XII means this when he said: "'In the midst of the disruptive contrasts whichdivide the human family, may this solemn act (of consecratingbishops from different lands and races) proclaim to all our sons, scattered over the world, that the spirit, the teachings and the work of the Church can never be other than that which the Apostle of the Gentiles preached: "Here is no more Gentile and Jew, no more circumcised and uncircumcised; no one is barbarian, or Scythian, no one Is slave or free man; there is nothing but Christ in any of us*.'-Pius XII, I Encyclical letter, Fidei Donunm, April 21, 1957. This letter concerns the condition of the Catholic missions, their problems and urgent needs. It was reported in the Osservatore Romano, April 27, 1957. The text is Latin. The English text is taken from The Pope Speaks, op. cit. (Winter 1957-58), pp. 295- 312. i/ Cf. The Homiletic and Pastoral Review, June 1959: "The Popes Speak on Racism", Roy M. Gasnick, O.F.M., pp. 827831. Published by Joseph F. Wagner, Inc., 53 Park Place, New York, N.Y.

Agenda item 38 9 Address given at the consecration of twelve new bishops in 1939. Two were Negroes. 'However, if the above statements are of too recent origin, allow me to point out that: "The main efforts have been devoted to the key problemthat of the native clergy. From the very beginning of missionary work in distant fields, the Popes urgedthe need for a native clergy and native bishopskl as did the Congregation De Propaganda Fide.! This has become absolutely Imperative at thepresent day, as is shownby the Encyclicals Maximum Illud of Benedict XV, dated 30 November 1919, Rerum Ecclesiae of Pius XI, dated 18 February 1926, and Evangelii Pracones of Pius XII dated 2 June 1951. This last contains not only very definite statements on the need for a native clergy (** 23, 25, 26) but also the most explicit pronouncements regarding respect for native civilizations, for the individuality of the different peoples and for all the elements of truth that Christianity may find in them (** 58-62)". M/ And now, concerning the following statement by Mr. Kerina:n/ "There are now an African Teachers Organization and a Coloured Teachers Organization. I have cause to believe their activities are carefully regulated by the Government, particularly the Africans. At every annual meeting of the African Teachers Organization, a white government agent or officer must be present and on most occasions he acts as the presiding officer. I do not know how the Coloured Teachers Organization meetings are conducted, but I suspect that government agents are present ..." There is a Catholic teachers organization and it is for both Africans and Coloureds; this organization is not regulated by the Government and no White Government agent or officer is present at meetings and no Government agent is present to act as presiding officer. I shall present Mr. Kerina's statement to the teachers organization and let the Catholic teachers answer for themselves. They are perfectly able, capable and free to do so. Again, concerning Mr. Kerins's statement:2/ " ... Many families on the farms who wish their children to obtain an education hesitate to send them to the hostel schools because of the poor treatment and abuse they receive there. The diet is extremely poor, in the first place. In most cases, the students must ask their parents to send them money or additional food to supplement the diet ..." Many families send their children to the Roman Catholic hostel schools. Further, many of the children are transported to the hostel and returned to their homes at vacation time at the expense of the mission. And no worthy case is turned away because of lack of money. We subscribe completely to the statement of Pius XI:P/ "Let the missionaries remember that they must follow the same methods with the natives as did the divine Teacher when he was on earth ... how kind and loving Jesus showed himself to infants and little children;- Apropos of this let Us remind you of what We said on another occasion, namely, that all who are interested in health of the inhabitants and minister to the sick, and allwho are kind to infants and little children, win the goodwill and affection of all the natives, so readily does the human heart respond to charity and kindness." k/ Pius V, letter to the King of Portugal, 1571; Urban VII, Bull of 1627. j/ Instructions of 1630. m/ The Catholic Church and the Race Question The Rev. Father Ives M. J. Congar, O.P., 1953, United Nations Educational, Scientific and Cultural Organization, 19 Avenue Klber, Paris 16e. / A/C.4/PV.749, p. 55. oJ Ibid., p. 53. P/ Popes on Youth, Raymond B. Fullam, S.J., Canesius High School, Buffalo, New York, 1956, p. 299, No. 561. The Roman Catholic Missions of South West Africa have been placed under a cloud of suspicion. They have been accused of subscribing to the racisttenet. Ihope the foregoing statements concerning Roman Catholic educational policies in South West Africa will correct any misunderstanding that may have arisen as a result of Mr. Kerina's statements. Ecclesiastical statistics for 1958, of the Territory of South West Africa For the purpose of organization and administration, South West Africa has been divided into two sections. Each section is known as a Vicariate. The following statistics may be of interest to the Committee: 1. The Vicariate of Keetmanshoop: Boundaries: to the south, the Orange River; to the east, the political boundaries of S.W.A.; to the north, the northern limits of the civil districts of Luderitz, Gibeon, Rehoboth; to the west, the Atlantic Ocean. Area, sq. miles: 108,146. Estimated Catholic population: 11,038. Convents: 18. Schools: White: none; Indian: none; Coloured: 11; Native: 16. Pupils: White: none; Indian: none; Coloured: 1,040; Native: 896. Hospitals: 8. Dispensaries: 16. Orphanages: White: none; Coloured: none; Native: 1. Hostels: White: 1; Coloured: 8; Native: 12. 2. The Vicariate of Windhoek: Boundaries: To the south, southern limits of the civil districts of Gobabis, Windhoek, Karibib, Swakopmund; to the east, Bechuanaland Protectorate; to the north, Portuguese Territory of Angola; to the west, the Atlantic Ocean. Area, sq. miles: 200,000. Catholic population: 41,868. Convents: 27. Schools: White: 1; Indian: none; Coloured: 1; Native: 64. Pupils: White: 418; Indian: none; Coloured: 129; Native: 6,121. Hospitals: 9. Dispensaries: 16. Orphanages: White: none; Coloured: none; Native: none. Hostels: White: 2; Coloured: 1; Native: 18. Further information may be obtained from The Catholic Directory of Southern Africa 1959, printed by the Salesian Press, Somerset Road, Cape Town, Union of South Africa, cf. pages 131 and 133, 529-536, 537-549, (Signed) The Rev. William J. DEVENNEY, O.S.F.S. B.A., M.A. 5456 Catherine St., Philadelphia, Pa., United States of America and Roman Catholic Mission P.O. Box 71, Luderitz South West Africa _q/ The Catholic Directory of Southern Africa 1959, The Salesian Press, Somerset Road, Cape Town, Union of South Africa (on page 13).

10 General Assembly - Fourteenth Session - Annexes DOCUMENT A/C.4/425 Statements made In South West Africa by Chief Hosea Kutako, Chief Samuel Witbool, the Reverend Markus Kooper and other petitioners [Original text: English] [20 October 1959] Note by the Secretariat: The following statements have been transcribed from the tape-recording made available to the Fourth Committeeby petitioners. They are circulated to members of the Fourth Committee in accordance with a decision taken by the Committee at the 907th meeting. I am Hosea Kutako speaking now and I am saying this: our country, for quite a long time, was under the African people themselves and they traded with Pretoria. Later on, the Germans came and entered into negotiations with us. After a time they started killing people, not directly but in one way or another; sometimes they would say "We thought he was an animal" or "We thought it was stone" or something like that. After all this, the Hereros realized that these people did not come in peace. They cut off all trade between us and the Union of South Africa; they started killing us. Apparently these people came for war and they then provoked us. Are you sure that this thing is recording what I am saying? They also plundered everything; they invaded our land, they took away our land and we had no home. That was what led to war-that is, they came here not in peace but with all their military force to force us into submission and we did not fear them but rose and fought; even without guns or anything we fought them. We fought them without guns or anything and we want to impress upon the world that we did not just give this land as a present to the Germans; we fought for it and it is our land. We shall always claim it back. This is why, even up to this day, we claim it back and this is why, even up to this day, we are appealing to the United Nations. And then followed a period of slavery when we were really exposed to sufferings and to a lot of hardships. Then the country changed hands and we thought that the country had been taken over by the British people only to realize later on that we were under the Boers. And our suffering continued under the Boers; sometimes we feel that it is even more than we had under the Germans. That is why I am appealing to the United Nations and to all the nations gathered there to see and to listen to this; we who are suffering have been suffering from German times up to this day. The dwelling place which was given us by God has been taken away from us and as such today we just like animals who have nowhere to live. So that the United Nations can free us but up to now the United Nations has not done anything to free us. But we shall not give up appealing to the United Nations; we shall continue to petition the United Nations so that they may hear our voice and our cry. This country is our's and it is ours; we never gave it to the Germans as a present and we shall continue to claim it, and we suffer for it even today. We appeal to the United Nations to help us; we appeal to the United Nations to give us the freedom we desire. We are suffering and we have been suffering for alongtime. We want freedom. I wanted to go the the United Nations many years ago but I was not allowed. I applied for a passport to go to the United Nations; it was not granted me. My people applied for passports to go in my place but they were not given passports. Up to now, we have not been allowed to leave for the United Nations. Just recently, in fact last week, inAminuis Reserve, I was visited by some officials from Windhoek and I told them this: that this year I want to send six men to the United Nations. And now I have been appealing to the United Nations for many years and the United Nations Organization knows this very well. And this is what I have to say to the United Nations: I implore the United Nations to give me my freedom this year. I do not want this year to pass. And much of what I have to say and about the conditions in this country has been said by the Reverend Michael Scott. Even that has been said by (Kerina) and the young boy I have just sent, Kozonguizi. They can hear from me. We want the United Nations to help us; we want them to free us. It is now being said that while I have been petitioning the United Nations for such a long time and even now I have sent people, but the United Nations has not helped me up to now and it is very unlikely that it will ever help me. That is what is being said. But I always say, and I shall always say, that I shall not stop petitioning the United Nations. This is what I had to say. ** I am the Chief Hendrick Samuel Witbooi, of the Nama tribe. The first chief has already given his petitions to the United Nations Organization. His name is David Witbooi. He was complaining about freedom in his country. He could not even come together with the people over he was intended to rule. In this land there are three tribes. Those three men were dwelling in this land even before Europeans came to this country. They have been handling together, they have been trading amongst themselves but from . . . when ... we were placed under the rule of the Union Government, all form of freedom has disappeared. We have been asking since that time from the Union Government to be given back our freedom but we have not get them until now. We, the indigenous inhabitants of this country, have totally no sort of freedom; we have no freedom of thought, we have no freedom of speech, we have no freedom of religious worship. All in which we are kept is fear. It is why we have approached the United Nations Organization after we hear that it is

Agenda item 38 11 such a great organization. When we hear about the United Nations Organization, we thought that we will be delivered from the Union Government. We have now a strong application [?]. This Government of the Union has asked us, the inhabitants of this country, to incorporate this country of ours into the Union of South Africa. We have refused totally at all those three times. But the Government is keeping on to incorporate this country into the Union... We have asked our freedom from everything. Now at last the Government has promised us a kind of a government.., in the year 1955... That government has been formulated in the Union of South Africa, the form of that government... That government is called the Bantu Authority Act. From 1955 up to now we have refused that form of government. But it has come to 1959... The lasttime we were together was around 14 April 1959, at Berseba. In that meeting we told the Administration quite straightforwardly ... all the head men, all the Nama head men.., but we totally do not want that Bantu Authority Act. We also do not want to accept that Nama tribal fund which is related to the Bantu Act. We have said "It must be buried. Let it never again sound in our ears." Although this Government says that he is not forcing us to accept anything, yet we see that this Government is forcing us, because he is doing so. He has brought that form or system, of Bantu Education Act in this country. If the Government would have do it in the proper way he would have approached us, asking us to give our consent to accept that Bantu Education Act. Or the Government would have weighed... we have to say about the Bantu Authority Act with the customs of this country... We, the Nama chiefs, the Herero chiefs and the Damara chiefs: that is our word and our standpoint. I am really today grateful to have met such men as these three gentlemen today, because I believe God wants to help us by sending us these three men. How much have we do we desire a chief of this country... to come personally to the country of America! I was once at the office of Mr. Neser asking him to give me the passport to go over to America. I was together with the Hereros. He promised us he would first ask the permission from Dr. Malan. at that time Prime Minister of South Africa. But until today we have been refused and will never be permitted to go over to New York. So this Government, in such a secret way, with the Bantu Authority Act, because it is not with our consent that the Administration of Native Department has gone to the Union Department of Native Affairs. In this country we do not want different systems of education. We, the people of this country, are enough to do the work in this country. But the Union Government is saying in this country that we are asking, demanding, too high sums for our work and that is why they bring those people in this country-which is not right. By so doing our people are pushed backwards. We have understood the United Nations Organization to be a dignified organization, which will see that all the people on the face of this earth will have their rights and freedom. It is therefore all of us, the chiefs of this country, request that this country of ours be placed under the trusteeship of the United Nations Organization; then we believe that we will become free. We can no more move; the pass laws restrict us severely; that is why we have asked this Government to release us from the pass laws. We believe that if this country be placed under the United Nations Organization, our education would be improved. All that our children need is to put the key in the lock and to unlock the door. Teachers who have to taught other children were just taught only as far as Standard II. How can a teacher who has only got Standard II teach other children? This Government has also done a very serious incident, which he did to the Nama people of Hoachanas, because he reject them from their fatherland. That land belongs to that tribe from the times of our kings. The Rooinasie Nama people are known as the first Nama people ever residing as Nama people in South West Africa. Orlam Nama tribes came later on. I am not speaking only on my behalf and on behalf of the chiefs, but I am speaking on behalf of the whole indigenous peoples of South West Africa. Instead of becoming better, our life situation becomes more worser and worser. The Government tells me that if I accept their Bantu Authority Act I will be given more authority over my people but I realize that by giving me the Bantu Authority Act the Government is destroying even the little rights which I have had so far. Therefore it is my earnest request on behalf of all the indigenous tribes, of all the chiefs, that this Mandate of South West Africa should be placed under the trusteeship of the United Nations. Because I believe if South West Africa's Mandate is placed under the trusteeship of the United Nations our rights will be given back to us. The Union Government has ruled South West Africa for thirtynine years as a mandatory, and if I conclude all that this Government has done for us in the thirty years, then I have found nothing. We have no opportunity or rights, no education, we have no political rights, and we see all the people go forward with politics [?]. You have no rights in the house in which you are sleeping. * I speak here, the Reverend Markus Kooper of the A.M.E. (African Methodist Episcopal) Church at Hoachanas. I am grateful for this splendid opportunity to be together here in the field of Hoachanas with men who come from America to hear our complaints and difficulties personally. So I am going to give my brothers the chance to state their personal statements and feelings to the United Nations Organization. ** I, Jonas Nakom of Hoachanas, has now been appointed representative of the people of Hoachanas, whose oppressions have become more intense since 29 January 1959, where we until that dat6 have never had any Government officials in our midst. At that date these officials come in seven motor cars under the leadership of the district magistrate of Rehoboth and the Colonel of Police, Dorfling, with fifteen Europeans and twelve native African policemen armed with guns, assagais, bayonets, kieries. We hope that these words will have the attention of the very high officials of the various nations who are gathered at the United Nations. At that date, within forty-five minutes, we were maue to see our blood run down on the ground. We saw our

12 General Assembly - Fourteenth Session - Annexes poor minister being thrown on one of the Government's lorries like a thief. This car was originally built for animals and we saw him thrown up there with his wife and his children, without food and without water. And we are expecting these bearers of death to turn up here every minute. We believe we are awaiting their rearrival every day. ** I, Johannes Kubas: The Government under whom I am living today, who is boss over me, that is responsible for everything, that Government is my enemy and I do not know. And I am asking for help please. And I am asking for help from the big Powers. I am weaker than a child because I cannot even provide for my children and my wife like a father ought to. Here I am living so badly that I really do not know why I am still alive. If the Lord was not there, then I would have been gone long ago. My life is worse than that of a dog. The dogs of white people live ten times better than I do. And I am asking the Lord that he should today please, please, place South West Africa under the hands of the United Nations. If the United Nations do not help us quickly we will die out like grass that has burnt out. So bad our life is. Our Fathers, please hear us and please help us for what we are asking you. We are feeling very badly. Here we are standing like children whose home have burned off. We are standing here helplessly. We do not have a leader. We have nothing. Our Minister, the person to whom we looked up as a leader, and thought here we have a leader, he has been taken away from us, has been thrown into a truck like a thief and taken away. Him too we want back. We want him back please in the name of the United Nations. What I can say today, those mothers, those women of us who are pregnant today, those women who have been bruised so much at that day even today there are some of them who are limping. They have been treated so badly they have been bodily assaulted. Even I who am speaking here has been cut in various places with bayonets. At that day my tears ran and I am praying the United Nations to dry my tears for me. ** I, Johannes Kooper, is speaking now. I am talking about the treatment we received from the Derm police. We non-Europeans meet the police of the Derm station, then it is just as good if we meet the death itself. If I tell him my difficulties, I am not allowed to open my mouth. And if I keep on telling him what trouble or difficulty I have, that would cost me prison. The first thing that he will do is ask me the pass, the onliest means we are living in this country. They do not ask me where I am living. They ask me about a pass, and if he finds me without a pass I must be arrested and bound and thrown in the lorry. With my best knowledge I know that this country belongs to me and I must go quite freely in this country wherever I want to go. I am Taseb speaking now. It is our desire that if we could fly to the United Nations Organization and we are waiting from the United Nations very earnestly their help. Hoachanas is our property, the property of our forefathers and we love it. That is why we don't want to move from Hoachanas. We ask the Organization of the World Government to come and see the difficulties we are suffering each. We have refused to accept "Bantu" but the Government have wilfully kept on to write papers-official papers- with the term of Bantu. And we ask the United Nations Organization to remove the Union Government and to place South West Africa under the trusteeship of the United Nations or under another Government. My name is Reverent Daniel Dausab. I have been waiting all the time upon men who will come from the United Nations Organization. Our difficult life has become more difficult. On the 29 January 1959 people who have absolutely no reason were attacked by the police with guns, bayonets, knives and machine-guns. Even small children were frightened with those knives. Even pregnant women were slain to fall down on the ground. Even before that, if the police came to Hoachanas without asking any questions, they ran into our houses and just do what he is wantingtodo in our houses. He doesn't even ask anything, just ran into our houses and say he is searching after the beer; but he is actually not searching after the beer. So he did one day in my own house. I am expressing today my wish with greatest pleasure. The main reason why we don't go away from this place is that Hoachanas has been found by our forefathers and they loved it and we, their generations or remnants love it too. We therefore ask the United Nations to deliver us from this slave state life under which we are suffering. We have absolutely no education whatsoever. The onliest thing we are getting is the slavery. I will therefore wait on the help of the United Nations before I die. So that our children inherit Hoachanas as their property and that I also ask the United Nations that the Reverend Michael Scott be bringed back by the Administration of South West Africa. I am evangelist Jonas Nakom speaking again. What we want to explain to the United Nations Organization is this: it was our wish to come to the United Nations Organization to tell here our feelings; personally and from face to face. The reason why we refuse to be removed from Hoachanas is that we are drinking the same water which our fathers have drinking. The Union Government has absolutely done no improvement to the reserve of Hoachanas; only improvements that the Union Government has done at Hoachanas is that he has stolen our country, or a part of the land of the reserve. We therefore ask that the United Nations would see that we get back that land which was stolen by the Union Government and the Administration of South West Africa. This is clear that in the next year the books will be introduced and will be introduced into the syllabus of the Government. This is why we know that the Union Government has given us the Bantu Authorities Act, in spite of our refusing to accept it. All we have said about have we spoken on behalf of the whole tribe of the Hoachanas Reserve and also on

Agenda item 38 13 behalf of the whole Nama people, and in fact on behalf of the whole non- European tribes of South West Africa. So it would be better for the United Nations Organization not to be hindered by the actions of the delegation of the Union Government, even if Mr. Eric Louw, as he usually did, take his hat, and go out from the United Nations Organization. The South West Africa Administration must be placed under the United Nations Organization. (new voice) I have asked for a passport already, so that I could go and tell our people, to tell the people overseas, about our way of life but I was refused that. So I am very glad today that I know that our sorrows will be told to the people at the United Nations through the means of this machine. So I ask with all my heart that those great nations who are gathered there will help us quickly, so that we will be released even this year from the bondage of the Union of South Africa. That is the only way that we will have political rights in our own country. That is the only way our children will have true education, it is the only way our children and our people will be able to make a true living and that is the only way we will be able to put up a life decent homes; the only way in which we will be able to get work under decent and fair conditions so that righteous laws will be made under which we will all benefit. I am giving, on behalf of my people, the mouths to speak to those three men whom I will name to speak on our behalf. Those men are the Reverend Scott, Kozonguizi and Kerina, and we ask them to speak on our behalf without fail. I am the Reverend Kooper of the A.M.E. church, appointed to the pastoral charge of Hoachanas since 1952, and have been working as a pastor and a minister of the A.M.E. Church since that time in that congregation. Before I go on to give my personal statement about my removal from Hoachanas, I will first give a short history of Hoachanas itself. Hoachanas is aplace which was found by the people, Namapeople called Rooinasie, about in the year 1900-1700, not 1900, I'm sorry. From that time up to now the generations of Hoachanas Rooinasie people have been residing at Hoachanas. After they came to South West Africa the German Government had a war with the Nama people. Not only with those of Hoachanas, the Rooinasie people, but they had a war with the Witboois and the Hereros in particular and also those people of Orlam Nama people. In this war the Nama people, the Rooinasi, were defeated by the Germans. Butpriortothewar of 1904, in to the year 1902, the HoachanasweredeclaredasaRooinasie reserve by the German Government. Andthisdeclaration of the reserve of Hoachanas has never been withdrawn by the German Government even after the war. So when the war was ended, the German officers came to Hoachanas and fetched the people who were at Hoachanas as war prisoners to Windhoek. He gathered the people and told them that although their captain had shed too much blood, he had done his war in a proper way and a righteous way. Therefore his people will not be removed from Hoachanas. They will serve their term of war prison at Windhoek. But after the elapse of that time they will come back again to Hoachanas and retain it as their property, as was the case in before. When the Union Government came he asked the people to go from Hoachanas. They first asked them to go to Aminuis, the present Herero reserve, but the people refused, all along from that time until up to now. They said that they can not move from Hoachanas because it is their property. It is a misleading statement to say that the German Government has given Hoachanas to some few residents. It is absolutely robbed from any truth that the Union Government now say that Hoachanas is a temporary reserve since 1950, since 1952. But it must be pointed out that there is absolutely no such things as temporary reserves at Hoachanas, that Hoachanas is a temporary reserve. Hoachanas is and has been always the headquarters of the Rooinasie Nama people. The Rooinasie people have the sovereignty rights over the Hoachanas. When the reserve was proclaimed by the German Government it was not proclaimed as 14,000 hectares in extent; it was proclaimed as a 50,000-hectare reserve, by the German Government. And no portion of the 50,000 hectares of land has afterward been sold or given to any white man. But the Union Government has took, in the whole years doing it, a part of that land and giving it to the white people. Now the Union Government is alleging that they took that land because-not that they took the land, but that land belonged to the German Government and because it was belonging to the German Government they took it. But this is absolutely not true. Even all the fathers, all our fathers, the Rooinasie fathers who have died up till 1946, knew nothing about such things that Hoachanas have been a German place or that it had been a temporary reserve. The temporary reserve has come for the first time in 1952. It is at this time. That the United Nations may here understand that whatever the Union delegates may say at the meetings of the United Nations Organization, the fact remains that Hoachanas is our property and anything that will be done to Hoachanas must be done with our consent, the consent of the Rooinasie people. Now the people have refused everything to be removed from Hoachanas. On the 29th, in early morning of the 29th of January the Magistrate of Rehoboth, Mr. Chatwind, accompanied by the colonel and some other officials, about thirty men in number came to Hoachanas and when they came the magistrate called me and told me that they came to remove me from Hoachanas. When he told me that, I asked him whether they came to remove only me or whether they have come to remove all of us. Instead of him, the Colonel, Mr. Dorfling, said that they came to remove me today, but ifI want to do so I can tell the others that they too will be removed. But they today come only to remove me. So I turned and I go to my house and I was trying, I was putting on my church uniform. While I was busy putting on my uniform, the people came from their houses to take up the place in front of my house. Thp say the police will not take me away. That is what they said. They said that I am a minister and I am in no way responsible for their refusal to move from Hoachanas and that it is also not the first time the Government has come with the question of removal to the people of Hoachanas. It is there where the Colonel ordered the police to fight the people. So the police fight the people so that the blood was running down the bodies of the people. I was then fetched and thrown into the lorry. When I was brought to the lorry I was taken by my right hand by a coloured policeman, Ovambo policeman

14 General Assembly - Fourteenth Session - Annexes took my left hand and a sergeant of Rehoboth, Mr. Thomason, was walking behind me. They brought me to the lorry. I was in my full uniform. After I had been removed from Hoachanas I was given to the welfare officer at Tses. He took me to the place which are called Derm. They were trying to unload me there, but as the sun was too hot I said to the two head men which was in his company, "But I have absolutely nothing to give me shade". So they afterwards decided to take me to the place just about three miles from that place and the threw me away there, with my family and all. When we came there, the welfare officer asked me whether I am pleased now. I said to him that I was pleased at Hoachanas and I am not pleased here. So he said: But he was not asking me whether I was pleased at Hoachanas and he further said that is was not the first time he has heard about me. He has already heard a lot of nonsense about me but he is going to treat me bloody good-that is what he said. I don't know what is meant by bloody good treatment. After that, he was angry and thus returned to Tses and then fifteen days later he again came to the same place with two tents. He was-I want to say here that when I was removed from my place here at Hoachanas I had absolutely not a spoonful of mealie meal to quiet my children if they will cry from hunger. Nor have I anything to give them to comfort them, but the welfare officer just threw me away there in the desert and returned to Itzawisis after he became angry, and fifteen days later when he came with those tents he was trying to persuade me to have peace at that place. I told him that I will never get satisfied with that place. He said he had just been told by the Government there at Tses to give satisfaction to the people. I told him that he may do that but he must do that to the people who have been placed there; but I belonged to Hoachanas and if the government wants to give me satisfaction he must give me that at Hoachanas, because that is my place, where I have been born. That is what the welfare officer told me. Now, at last, I understand; I have totally no freedom of movement because the welfare officer-the same welfare officer at Tses, because Kranzplatz (Gibeon) falls under him-said that Chief Witbooi and I may not leave our residence. Chief Witbooi may not leave Kranzplatz without his permit, and it must not be known that Tses is about thirty miles from Kranzplatz where the Chief is situated. That means that if the Chief wants to move even to Windhoek north from Kranzplatz, he must first go forty miles south to tell the welfare officer that he wants to go toWindhoek. The Chief, he told me that; the welfare officer told him that he was given that instruction by the chief native commissioner, Mr. Blignaut. I have been practising religion and therefore Iwould ask the United Nations Organization that the Union Government would see that I come back to Hoachanas to go on with my work of religion. I have never partaken in the politics. But the Union Government has seen fit to remove me from Hoachanas for reasons which he has not mentioned to me. He just said that I am an illegitimate inhabitant at Hoachanas. But why I am illegitimate inhabitant the South West African Administration has not said. Therefore, I am asking earnestly the United Nations Organization that I be returned to my work at Hoachanas. DOCUMENT A/C.4/L.599 Denmark, Finland, Norway and Sweden: amendments to document A/C.4/L.595 and Add.1 [Original text: English] [29 October 1959] 1. In the seventh paragraph of the preamble, delete the words from "which further corroborate" to "the Committee on South West Africa". 2. Divide the operative part of the draft resolution into two sections, operative paragraph 4 to become paragraph 1 of section A, and operative paragraphs 1, 2, 3 and 5tobecomeparagraphs 1, 2, 3 and 4 of section B. 3. In operative paragraph 2: (a) Replace the word "Requests" with theword "In,vites"; (P) Replace the words from "with a view" to the end of the paragraph with "in order to continue to accord to the entire Mandated Territory of South WestAfrica an international status which would be in conformity with the principles and purposes of the United Nations". 4. In operative paragraph 3: (a) Replace the words "immediately for the consideration of the General Assembly" with the words "for consideration of the General Assembly at its fifteenth session"; (b) Replace the words from "the surpervisory functions" to the end of the paragraph with the words "and the advisory opinion of the International Court of Justice of 11 July 1950". 5. In operative paragraph 5, which will become paragraph 4 of section B if amendment 2 Is adopted: (a) Add after the words' 'the Committee on South West Africa" the words "or any other Committee which may be appointed in pursuance of paragraph 2 of section B of the present resolution"; (b) Replace the words "its negotiations" with the words "the negotiations".

Agenda item 38 1 DOCUMENTS A/4272 AND ADD.1 Report of the Fourth Committee Document A /4272 [Original text: English] [12 November 1959] 1. At its 803rd meeting, on 22 September 1959, the General Assembly allocated to the Fourth Committee the following item on its agenda: "38. Question of South West Africa: "(a) Report of the Good Offices Committee on South Africa (A/4224); "(b) Report of the Committee on South West Africa (A/4191); , I() Study of legal action to ensure the fulfilment of the obligations assumed by the Union of South Africa in respect of the Territory of South West Africa; "() Election of three members of the Committee on South West Africa." 2. Sub-item (d), to be considered at a later stage of the Committee's deliberations, will be dealt with inan addendum to the present report. 3. At its 884th and 894th meetings on 24 September and 5 October 1959, the Committee considered eleven requests for the granting of hearings to sixteen petitioners (A/C.4/410 and Add.l). It granted ten of the requests for hearings (A/C.4/410) by separate votes at the 884th meeting, as follows: (a) Request from Chief Hosea Kutako for hearings for himself, the Reverend B. G. Karwaera and Mr. John Muundjwa, by 54 votes to 2, with 11 abstentions; (b_) Request from Chief P. Kehavanyo, by 54votes to 2, with 11 abstentions; (c) Request from the Reverend Markus Kooper for hearings for himself, Mr. Harry Bloch and Chief Samuel Witbooi, by 59 votes to 2, with 11 abstentions; (d) Request from Mr. Toivo Ja-Toivo for hearings for himself and the Reverend Hamtumbangela, by 57 votes to 2, with 11 abstentions; (e) Request from Mr. Jariretundu Kozonguizi, by 56 votes to 2, with 10 abstentions; (f) Request from Mr. Mburumba Kerina, by 56 votes to 2, with 10 abstentions; (g) Request from the Reverend Michael Scott, by 57 votes to 1, with 12 abstentions; (h) Request from Mr. H. J. Beukes, by 57 votes to 2, with 10 abstentions; () Request from Mr. Allard K. Lowenstein, by 43 votes to 6, with 19 abstentions; (j) Request from Mr. Emory F. Bundy, by a roll-call vot-e of 43 to 5, with 23 abstentions. The voting was as follows: In favour: 'Afghanistan, Albania, Argentina, Bulgaria, Burma, Byelorussian Soviet Socialist Republic, Cambodia, Ceylon, Colombia, Cuba, Czechoslovakia, Ecuador, Ethiopia, Federation of Malaya, Ghana, Guatemala, Guinea, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Liberia, Libya, Mexico, Morocco, Pakistan, Panama, Philippines, Poland, Romania, Sudan, Thailand, Tunisia, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, Uruguay, Venezuela, Yemen, Yugoslavia. Against: France, Italy, Portgual, Union of South Africa, United Kingdom of Great Britain and Northern Ireland. Abstaining: Australia, Austria, Belgium, Brazil, Canada, China, Costa Rica, Denmark, Finland, Greece, Ireland, Israel, Japan, Laos, Nepal, Netherlands, New Zealand, Norway, Peru, Spain, Sweden, Turkey, United States of America. 4. The eleventh request for a hearing (A/C.4/410/ Add.1), from Mr. Sherman M. Bull, was granted by the Committee at its 894th meeting, by a roll-call vote of 32 to 2, with 22 abstentions. The voting was as follows: In favour: Argentina, Bulgaria, Burma, Byelorussian Soviet Socialist Republic, Cambodia, Cuba, Czechoslovakia, Federation of Malaya, Ghana, Greece, Guinea, Haiti, Hungary, India, Indonesia, Iran, Iraq, Libya, Mexico, Morocco, Pakistan, Panama, Philippines, Poland, Romania, Saudi Arabia, Thailand, Tunisia, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, Venezuela, Yugoslavia. Against: Union of South Africa, United Kingdom of Great Britain and Northern Ireland. Abstaining: Australia, Austria, Belgium Canada, Chile, China, Costa Rica, Denmark, Finland, France, Honduras, Ireland, Israel, Italy, Japan, Netherlands, New Zealand, Portugal, Spain, Sweden, Turkey, United States of America. 5. At the 900th meeting, on 8 October 1959, the Chairman and the Rapporteur of the Committee on South West Africa introduced the report of that Committee (A/4191). 6. At the same meeting, a statement on the question of South West Africa was made by the representative of the Government of the Union of South Africa (A/C.4/ 421). 7. From the 904th to 913th meetings, from 12 to 16 October 1959, seven of the sixteen petitioners granted hearings appeared before the Committee: Mr. Mburumba Kerina addressed the Committee at the 904th meeting, Mr. Jariretundu Kozonguizi at the 904th to 906th meetings, Mr. H. J. Beukes and Mr. Emory F. Bundy at the 906th meeting, and Mr. ShermanM. Bull, Mr. Allard K. Lowenstein and the Reverend Michael Scott at the 907th meeting. The petitioners answered questions put to them by mexhbers of the Committee from the 908th to 913th meetings. In connexion with the hearing of petitioners, the Committee had before it a statement made at its 884thmeetingby the representative of the Union of South Africa (A/C.4/424), a letter dated 29 September 1959 from the Permanent Representative of the Union of South Africa to the United Nations addressed to the Secretary of the Fourth Committee (A/C.4/413), a letter dated 18 June 1959 from the Reverend William J. Devenney to the Chairman of the Committee on South West Africa

16 General Assembly - Fourteenth Session - Annexes (A/C.4/422), and statements made by Chief Hosea Kutako, Chief Samuel Witbooi, the Reverend Markus Kooper and other petitioners in South West Africa (A/C. 4/425), transcribed from a tape- recording made available to the Fourth Committee by petitioners appearing before the Committee. 8. At the 913th meeting, on the conclusion of the hearing of the petitioners, statements were made by the Chairman of the Committee on South West Africa, and by that Committee's Rapporteur (A/C.4/426) in reply to the statement made at the 900th meeting by the representative of the Union of South Africa (A/C. 4/421), mentioned in paragraph 6 above. 9. The general debate on the item took place from the 914th to 924th meetings, from 19 to 26 October 1959, during the course of which representatives of the Union of South Africa made statements concerning conditions In South West Africa (A/C.4/427) and replied (A/C.4/428) to the statement made by the Rapporteur at the 913th meeting (A/C.4/426). 10. The general debate concluded with a statement by the representative of the Union of South Africa (A/C.4/429) outlining his Government's positiontothe effect that: (a) it intended again to participate in the discussions of the question of South West Africa at the fifteenth session of the General Assembly; (b) the Minister of External Affairs of the Union of South Africa intended to recommend to his Government that it make available to the United Nations the official publications and other official tests listed in his statement at the 900th meeting of the Committee (A/C.4/421); and (c) the Union Government was ready to enter into discussions with an appropriate United Nations ad hoc body which might be appointed after prior consultation with the Government. The representative of the Union of South Africa emphasized that his Government would find it possible to carry out these intentions only within the framework of cooperation and he hoped that further developments would not force it to reassess its attitude. 11. During the general debate, and subsequently at the 924th to 932nd meetings, from 26 to 30 October 1959, the Committee considered draft resolutions relating to the following matters: I. Petitions and related communications concerning conditions in South West Africa; II. The Hoachanas Native Reserve; III. Withdrawal of a passport from Mr. Hans Johannes Beukes; IV. Status of the Territory of South West Africa; V. Question of South West Africa; VI. Legal action to ensure the fulfilment of the obligations assumed by the Union of South Africa in respect of the Territory of South West Africa; VII. Report of the Good Offices Committee on South West Africa. 12. A detailed account of the Committee's consideration of these drafts resolutions and of amendments thereto is given below in sections I to VII. I. Petitions and related communications concerning conditions in South West Africa 13. The Committee had before it a draft resolution proposed by the Committee on South West Africa (A/ 4191, annex II) concerning petitions and related communications examined by the latter Committee. By this draft resolution, the General Assembly, after noting that the relevant petitions and communications raised questions concerning various aspects of the administration and of conditions in the Territory upon which the Committee on South West Africa had presented a report, would decide to draw the attention of the petitioners to the report and observations of that Committee regarding conditions in the Territory and to the action taken by the General Assembly on that report. 14. The draft resolution was adopted by the Fourth Committee at the 924th meeting by 42 votes to 1, with 10 abstentions. 15. The text of the draft resolution is set forth in paragraph 43 of the present report as draft resolution I. II. The Hoachanas Native Reserve 16. A draft resolution concerning developments in this reserve, including in particular the forced removal of the Reverend Markus Kooper and his family from Hoachanas and the impending removal of other Rooinasie Nama inhabitants of the reserve, was proposed by the Committee on South West Africa (A/4191, annex III), which thereby recommended, inter alia, that the General Assembly: (1) urge the Union Government to desist from carrying out the removal of other residents of Hoachanas and to arrange for the return of the Reverend Markus Kooper and his family to that reserve; (2) request the Union Government to investigate the claims of the Rooinasie Namas to the original area of Hoachanas, and to take such further steps as might be necessary, in consultation with the territoral Administration and the people concerned, to ensure the recognition and protection of the full rights of the people of Hoachanas and the promotion of their general welfare; and (3) request the Government to inform the United Nations on the measures taken to implement the resolution. 17. The draft resolution was adopted by the Fourth Committee at the 924th meeting by 46 votes to 1, with 12 abstentions. 18. The text of the draft resolution is set forth in paragraph 43 of the present report as draft resolution II. III. Withdrawal of a passport from Mr. Hans Johannes Beukes 19. The Committee on South West Africa proposed a draft resolution concerning the withdrawal by the Union Government of a passport granted to Mr. Beukes (A/4191, annex IV). By this draft resolution, the General Assembly after noting, inter alia, that Mr. Hans Beukes had been granted a scholarship by the Norwegian National Union of Students (Norsk Studentsamband) to study for three years at the University of Oslo, would: (1) express the opinion that the withholding or withdrawal of a passport from a qualified South West African student for the purpose of studying abroad was not only a direct interference in the educational and general advancement of an individual but a hindrance to the educational development of the Territory; (2) consider the withdrawal by the Union Government of the passport granted to Mr. Hans Beukes

Agenda item 38 17 to be an act of administration contrary to the Mandate for South West Africa; and (3) express the hope that the Government would reconsider its decisionandthat Mr. Hans Beukes would be able to take advantage of the scholarship offered him to study at the University of Oslo. 20. At the 923rd meeting, Guatemala submitted an amendment (A/C.4/L.594) proposing that the text of operative paragraph 3 of the draft resolution should be altered to have the General Assembly express the hope that the Government would "reconsider its decision so that Mr. Hans Beukes may take advantage of the scholarship offered him to study at the University of Oslo in circumstances permitting him to maintain normal relations with his family and his country". 21. The draft resolution and the amendment were voted on at the 924th meeting as follows: The Guatemalan amendment was adopted by 54 votes to 1, with 11 abstentions. The preamble and operative paragraphs 1 and 2 were adopted by 54 votes to 1, with 12 abstentions. The draft resolution as a whole, as amended, was adopted by 54 votes to 1, with 12 abstentions. 22. The text of the draft resolution is set forth in paragraph 43 of the present report as draft resolution III. IV. Status of the Territory of South West Africa 23. At the 922nd meeting, Ghana, Liberia, Pakistan, Tunisia and Yugoslavia submitted a draft resolution (A/C.4/L.593), which the Philippines later joined in sponsoring (A/C.4/L.593/Add.1), proposing that the General Assembly: (1) reiterate its twelve previous resolutions to the effect that South West Africa be placed under the International Trusteeship System; and (2) assert that, in the present conditions of political and economic development of the Territory, the normal way of modifying its international status was to place it under the Trusteeship System by means of a trusteeship agreement in accordance with the provisions of Chapter X11 of the Charter. 24. The draft resolution was adopted at the 926th meeting by 33 votes to 1, with 11 abstentions. 25. The text of the draft resolution is set forth in paragraph 43 of the present report as draft resolution IV. V. Question of South West Africa 26. At the 927th meeting, Afghanistan, Argentina, Burma, Ceylon, Ethiopia, the Federation of Malaya, India, Indonesia, Iraq, Ireland, Jordan, Lebanon, Libya, Morocco, Nepal, Pakistan, the Philippines, Saudi Arabia, Sudan, the United Arab Republic, Yemen and Yugoslavia submitted a draft resolution concerning the question of South West Africa (A/C.4/L.595), later also jointly sponsored by Venezuela (A/C.4/L.595/Add.1), the text of which read as follows: 'The General Assembly, "Recalling its previous resolutions in which the Assembly recommended that the Mandated Territory of South West Africa be placed under the International Trusteeship System, and repeatedly invited the Government of the Union of South Africa to propose, for the consideration of the General Assembly, a Trusteeship Agreement for South West Africa, "Considering that, in accordance with Chapter XII of the Charter of the United Nations, all Mandated Territories, with the sole exception of South West Africa, have been placed under the International Trusteeship System, "Recalling further its resolution 449 A (V) of 13 December 1950, by which the General Assembly accepted the opinion of 11 July 1950 of the International Court of Justice to the effect that: "(a) South West Africa is a Territory under the International Mandate assumed by the Union of South Africa on 17 December 1920. "(b) The Union of South Africa continues to have the international obligations stated in Article 22 of the Covenant of the League of Nations and in the Mandate for South West Africa, the supervisory functions to be exercised by the United Nations. "(c) That the Union of South Africa acting alone has not the competence to modify the international status of the Territory of South West Africa, "Noting with grave concern that the Administration of the Territory, in recent years, has been conducted increasingly in a manner contrary to the Mandate, the Charter of the United Nations, the Universal Declaration of Human Rights, the advisory opinions of the International Court of Justice, and the resolutions of the General Assembly. "Having received from the Committee on South West Africa the sixth report submitted to it in accordance with its resolution 749 A (VII) of 28 November 1953, "Noting further the conclusion of the Committee on South West Africa that it is essential to the welfare and security of the peoples of South West Africa that the Administration of the Territory be altered without undue delay. "Having also heard the statements of petitioners which further corroborate the conclusions and opinions formed by the Committee on South West Africa concerning political, social, economic and educational conditions prevailing in the Territory, "Considering further that while the former Mandated Territories placed under the trusteeship of the United Nations have rapidly progressed towards independence, the conditions in the Territory of South West Africa present a totally different picture, "1. Notes the statement made by the representative of the Union of South Africa at the 924th meeting of the Fourth Committee expressing, inter alia, the Union's readiness to enter into discussions with the United Nations; "2. Requsts the Government of the Union of South Africa to enter into negotiations with the United Nations through the Committee on South West Africa, which is authorized under its terms of reference to continue negotiations with the Union, or through any other committee which the General Assembly may appoint, with a view to placing the Mandated Territory under the International Trusteeship System; "3. Further requests the Government of the Union of South Africa to formulate immediately for the

18 General Assembly - Fourteenth Session - Annexes consideration of the General Assembly proposals which will enable the Mandated Territory of South West Africa to be administered in accordance with the principles and purposes of the Mandate, the supervisory functions being exercised by the United Nations according to the terms and intent of the Charter; "4. Approves the report of the Committee on South Africa and commends it to the urgent attention of the Government of the Union of South Africa; "5. Requests the Committee on South West Africa to submit to the General Assembly at its fifteenth session a report on its negotiations with the Union Government in addition to the annual report on conditions in the Territory of South West Africa." 27. At the 928th meeting, Denmark Finland, and Sweden submitted an alternative draft resolution (A/C.4/L. 598), which as later revised and also sponsored by Norway (A/C.4/L.598/Rev.1), read as follows: "The General Assembly, "Recalling its resolution 449 A (V) of 13 December 1950, by which the Assembly accepted the opinion of 11 July 1950 of the International Court of Justice to the effect that: "(a) South West Africa is a Territory under the international Mandate assumed by the Union of South Africa on 17 December 1920, "(b) The Union of South Africa continues to have international obligations stated in Article 22 of the Covenant of the League of Nations and in the Mandate for South West Africa, the supervisory functions to be exercised by the United Nations, "(__) That the Union of South Africa acting alone has not the competence to modify the international status of the Territory of South West Africa, "Having received from the Committee on South West Africa the sixth report submitted to it in accordance with its resolution 749 A (VIII) of 28 November 1953, "Having heard the statements of the petitioners, "1. Notes the statement made by the representative of the Union of South Africa at the 924th meeting of the Fourth Committee expressing, inter alia, the Union's readiness to enter Into discussions with the United Nations; "2. Invites the Government of the Union of South Africa to enter into negotiations with the United Nations through the Committee on South West Africa, which is authorized under its terms of reference to continue negotiations with the Union, or through any other committee which the General Assembly may appoint; "3. Requests the Government of the Union of South Africa to formulate for the consideration of the fifteenth session of the General Assembly, proposals to the effect that the Mandated Territory of South West Africa should be administered in accordance with the principles and purposes of the Mandate and the advisory opinion of the International Court of Justice of 11 July 1950; "4. Approves the report of the Committee on South West Africa, and commends it to the attention of the Government of the Union of South Africa; "5. Requests the Committee on South West Africa, or any other committee appointed by the General Assembly, to submit to the General Assembly at its fifteenth session a report on the negotiations with the Union Government." 28. At the 931st meeting, Denmark, Finland, Norway and Sweden withdrew their draft resolution (A/C.4/ L.598/Rev.1) and submitted a number of amendments (A/C.4/L.599) to the twenty-three-Power draft resolution (A/C.4/L.595 and Add.i). 29. At the same meeting, the sponsors of the twentythree-Power draft resolution accepted certain of these amendments (A/C.4/L.599, amendments 3 (a), 4 (a) and 5), and accordingly orally revised their draft resolution as follows: (a) In operative paragraph 2, the word "Requests" was replaced by the word "Invites"; (b) In operative paragraph 3, the words "immediately for the consideration of the General Assembly" were replaced by the words "for the consideration of the General Assembly at its fifteenth session"; and (c) In operative paragraph 5,-the words "or any other committee which may be appointed in pursuance of paragraph 2 of the present resolution" were inserted after the words 'the Committee on South West Africa", and the words "its negotiations" were replaced by "the negotiations". 30. The four Powers had also proposed in document A/C.4/L.599 the following additional amendments to the twenty-three-Power draft resolution: the deletion of the words from "which further corroborate" to "the Committee on South West Africa" in the seventh preambular paragraph; the division of the operative part of the draft resolution into two.sections, operative paragraph 4 to become paragraph 1 of section A, and operative paragraphs 1, 2, 3 and 5 to become paragraphs 1, 2, 3 and 4 of section B; the replacing, in operative paragraph 2, of the words from "with a view" to the end of the paragraph by the words "in order to continue to accord to the entire Mandated Territory of South West Africa an international status which would be in conformity with the principles and purposes of the United Nations"; and the replacing, in operative paragraph 3, of the words from "the supervisory functions" to the end of the paragraph by the words "and the advisory opinion of the International Courtof Justice of 11 July 1950". 31. At the 931 st meeting, the representative of Mexico orally submitted two drafting amendments to the twenty-three-Power draft resolution: firstly, the insertion of the words "inter alia" in the third preambular paragraph; and secondly, the deletion of the word "Further" at the beginning of operative paragraph 3. 32. At the same meeting, the Committee voted on the twenty-three-Power draft resolution (A/C.4/L. 595 and Add.i), as orally revised by the sponsors' acceptance of certain of the four-Power amendments (A/C.4/L.599, amendments 3 (a), 4 (a) and 5), and on

Agenda item 38 1c the further amendments to that draft resolution, as follows: The four-Power amendment to the seventh preambular paragraph (A/C.4/L.599, amendment 1) was rejected by 48 votes to 22, with 1 abstention. The four-Power amendment concerning the division of the operative part of the draft resolution into two sections (A/C.4/L.599, amendment 2) was rejectedby 46 votes to 23, with 3 abstentions. The four-Power amendment to operative paragraph 2 (A/C.4/L.599, amendment 3 (b)) was rejected by 44 votes to 20, with 4 abstentions. The four- Power amendment to operative paragraph 3 (A/C.4/L.599, amendment 4 (b)) was rejected by 48 votes to 20, with 5 abstentions. The first preambular paragraph of the twenty-threePower draft resolution was adopted by 57 votes to 1, with 13 abstentions. The second preambular paragraph was adoptedby 58 votes to 1, with 13 abstentions. The Mexican oral amendment whereby the words "inter alia" would be inserted in the third preambular paragraph was adopted without objection. The third preambular paragraph, as thus amended, was adopted by 68 votes to none, with 5 abstentions. The words "with grave concern" in the fourth preambular paragraph were adopted by a roll-call vote of 52 to 8, with 13 abstentions. The voting was as follows: In favour: Afghanistan, Albania, Argentina, Bolivia, Bulgaria, Burma, Byelorussian Soviet Socialist Republic, Cambodia, Ceylon, Colombia, Cuba, Czechoslovakia, Ecuador, Ethiopia, Federation of Malaya, Ghana, Greece, Guatemala, Guinea, Haiti, Hungary, India, Indonesia, Iran, Iraq, Ireland, Israel, Japan, Jordan, Lebanon, Liberia, Libya, Mexico, Morocco, Nepal, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Saudi Arabia, Sudan, Thailand, Tunisia, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United States of America, Uruguay, Venezuela, Yugoslavia. Against: Australia, Belgium, France, Italy, Portugal, Spain, Union of South Africa, United Kingdom of Great Britain and Northern Ireland. Abstaining: Austria, Brazil, Canada, Chile, China, Denmark, Dominican Republic, Finland, Netherlands, New Zealand, Norway, Sweden, Turkey. The fourth preambular paragraph, as a whole, was adopted by 54 votes to 7, with 12 abstentions. The fifth preambular paragraph was adopted by 64 votes to none, with 5 abstentions. The sixth preambular paragraph was adopted by 56 votes to 1, with 13 abstentions The seventh preambular paragraph was adoptedby 53 votes to 9, with 10 abstentions. The eighth preambular paragraph was adopted by 40 votes to 1, with 25 abstentions. Operative paragraph 1 was adopted unanimously. The words "or through any other committee which the General Assembly may appoint", in operative paragraph 2 were adopted by 59 votes to 10, with 2 abstentions. The words "with a view to placing the Mandated Territory under the International Trusteeship System", in operative paragraph 2 were adopted by 51 votes to 8, with 10 abstentions. Operative paragraph 2 as a whole, as orally revised by the sponsors, was adopted by 56 votes to 4, with 11 abstentions. The Mexican oral amendment callingfor the deletion of the word "Further" at the beginning of operative paragraph 3 was adopted without objection. Operative paragraph 3, as orally revised by the sponsors, and as thus amended, was adopted by 44 votes to 10, with 17 abstentions. Operative paragraph 4 was adopted by 56 votes to 1, with 10 abstentions. The words "or any other committee which may be appointed in pursuance of paragraph 2 of the present resolution", in operative paragraph 5 as orally revised by the sponsors, were adopted by 58 votes to 10, with 2 abstentions. The first part of operative paragraph 5, as orally revised by the sponsors, up to and including the words "with the Union Government" was adopted by 68 votes to none, with 4 abstentions. Operative paragraph 5 as a whole, as orally revised by the sponsors, was adopted by 64 votes to none, with 8 abstentions. The twenty-three Power draft resolution (A/C.4/L. 595 and Add.1), as a whole, as orally revised by the sponsors and as amended, was adopted by a roll-call vote of 56 to 5, with 12 abstentions. The voting was as follows: In favour: Afghanistan, Albania, Argentina, Bolivia, Brazil, Bulgaria, Burma, Byelorussian Soviet Socialist Republic, Cambodia, Ceylon, Chile, China, Colombia, Cuba, Czechoslovakia, Ecuador, Ethiopia, Federation of Malaya, Ghana, Greece, Guatemala, Guinea, Haiti, Hungary, India, Indonesia, Iran, Iraq, Ireland, Israel, Japan, Jordan, Lebanon, Liberia, Libya, Mexico, Morocco, Nepal, Pakistan, Panama, Paraguay, Philippines, Poland, Romania, Saudi Arabia, Sudan, Thailand, Tunisia, Turkey, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United States of America, Uruguay, Venezuela, Yugoslavia. Against: Belgium, France, Portugal, Union of South Africa, United Kingdom of Great Britain and Northern Ireland. Abstaining: Australia, Austria, Canada, Denmark, Dominican Republic, Finland, Italy, Netherlands, New Zealand, Norway, Spain, Sweden. 33. The text of the draft resolution is set forth in paragraph 43 of the present report as draft resolution V.

20 General Assembly - Fourteenth Session - Annexes VI. Legal action to ensure the fulfilment of the obligations assumed by the Union of South Africa in respect of the Territory of South West Africa 34. At the 927th meeting, Ethiopia, Ghana, Guinea, Haiti, Liberia, Libya, Morocco, Pakistan, the Philippines, Saudi Arabia, the Sudan, Tunisia and the United Arab Republic submitted a draft resolution (A/C.4/L. 596), later also sponsored by Jordan (A/C.4/L.596/ Add.1), whereby the General Assembly would draw the attention of Member States to the conclusions of the special report of the Committee on South West Africa (A/3625) covering the legal action open to them to refer any dispute with the Union of South Africa concerning the interpretation or application of the Mandate for South West Africa to the International Court of Justice for adjudication in accordance with article 7 of the Mandate, read in conjunction with Article 37 of the Statute of the Court. 35. At the 931st meeting, Colombia and Iran submitted an amendment (A/C.4/L.600) to the draft resolution which would replace the operative paragraph by the following text: "1. Requests the Committee on SouthWestAfrica to study further the question of legal action to ensure the fulfilment of the obligations assumed by the Union of South Africa in respect of the Territory of South West Africa, paying particular attention to the types and possibilities of action that may be taken by the United Nations as well as the nature and forms of any proceedings that may be instituted before the International Court of Justice; "2. Decides to place the question of legal action concerning the Mandated Territory of South West Africa as a separate item on the provisional agenda of its fifteenth session." 36. At the 932nd meeting, the amendments submitted by Colombia and Iran (A/C.4/L.600) were withdrawn by the co-sponsors. 37. At the same meeting, the draft resolution (A/C. 4/L.596 and Add.l) was adopted by a roll-call vote of 52 to 4, with 17 abstentions. The voting was as follows: In favour: Afghanistan, Albania, Austria, Bolivia, Bulgaria, Burma, Byelorussian Soviet Socialist Republic, Cambodia, Ceylon, Chile, Cuba, Czechoslovakia, Ethiopia, Federation of Malaya, Ghana, Greece, Guatemala, Guinea, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Ireland, Israel, Japan, Jordan, Lebanon, Liberia, Libya, Mexico, Morocco, Nepal, Pakistan, Panama, Philippines, Poland, Romania, Saudi Arabia, Sudan, Thailand, Tunisia, Turkey, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United States of America, Uruguay, Venezuela, Yugoslavia. Against: Australia, Portugal, Union of South Africa, United Kingdom of Great Britain and Northern Ireland. Abstaining: Argentina, Belgium, Brazil, Canada, China, Colombia, Denmark, Finland, France, Italy, Netherlands, New Zealand, Norway, Paraguay, Peru, Spain, Sweden. 38. The text of the draft resolution is set forth in paragraph 43 of the present report as draft resolution VI. VII. Report of the Good Offices Committee on South West Africa 39. At the 928th meeting, Argentina, Ireland, New Zealand and Norway submitted a draft resolution (A/C.4/L.597) whereby the General Assembly would take note of the report of the Good Offices Committee (A/4224) and express its appreciation to the members of that Committee for their efforts. 40. The draft resolution was adopted at the 932nd meeting by 59 votes to 7, with 1 abstention. 41. At the same meeting, the representatives of Albania, Bulgaria, the Byelorussian Soviet Socialist Republic, Czechoslovakia, Hungary, Poland, Romania, the Ukrainian Soviet Socialist Republic, and the Union of Soviet Socialist Republics stated that they had voted against the draft resolution. 42. The text of the draft resolution is set forth in paragraph 43 of the present report as draft resolution VH1. Recommendations of the Fourth Committee 43. The Fourth Committee therefore recommends to the General Assembly the adoption of the following draft resolutions: DRAFT RESOLUTION I Petitions and communications relating to South West Africa [Text adopted by the General Assembly without change. See "Action taken by the General Assembly", below.] DRAFT RESOLUTION II The Hoachanas Native Reserve [Text change. below.] adopted by the General Assembly without See "Action taken by the General Assembly", DRAFT RESOLUTION I Withdrawal of a passport from Mr. Hans Johannes Beukes [Text adopted by the General Assembly without change. See "Action taken by the General Assembly", below.] DRAFT RESOLUTION IV Status of the Territory of South West Africa [Text adopted by the General Assembly without change. See "Action taken by the General Assembly", below.]

Agenda item 38 21 DRAFT RESOLUTION V Question of South West Africa [Text adopted by the General Assembly without change. See 'Action taken by the General Assembly", below.] DRAFT RESOLUTION VI Legal action to ensure the fulfilment of the obligations assumed by the Union of South Africa in respect of the Territory of South West Africa [Text adopted by the General Assembly without change. See "Action taken by the General Assembly" below.] DRAFT RESOLUTION VII Report of the Good Offices Committee on South West Africa [Text adopted by the General Assembly without change. See "Action taken by the General Assembly" below.] Document A /4272/Add. 1 [Original text: English] [9 December 1959] 1. In paragraph 2 of its report (A/4272) on agenda items 38 (a), (b) and (c) the Fourth Committee noted that sub-item (dJ, namely, the election of three mem- bers of the Committee on South West Africa, would be considered at a later stage of the Committee's deliberations and would be dealt with in an addendum to the report. 2, By resolution 1061 (XI) of 26 February 1957, the General Assembly decided that the composition of the Committee on South West Africa should be increased to nine members appointed by the Assembly on the recommendation of the Fourth Committee. It also decided that one-third of the membership of the Committee should be renewed by the same procedure annually. 3. Of the nine members of the Committee on South West Africa, one was elected by the GeneralAssembly for an indefinite term prior to the adoption of resolution 1061 (XI), and two were appointed by the General Assembly at its eleventh session, three at its twelfth session, and three at its thirteenth session, pursuant to resolution 1061 (XI). Brazil, having been elected prior to the adoption of resolution 1061 (XI), and Ethiopia and Finland, having been appointed by the General Assembly at its eleventh session, were accordingly deemed the three members due to retire from the Committee on South West Africa. 4. At its 994th meeting, on 9 December 1959, the Fourth Committee, by a secret ballot, elected Denmark and re-elected Brazil and Ethiopia to fill the vacancies thus created. Recommendation of the Fourth Committee 5. The Fourth Committee therefore recommends to the General Assembly that it appoint Brazil, Denmark and Ethiopia as members of the Committee on South West Africa as from 1 January 1960. ACTION TAKEN BY THE GENERAL ASSEMBLY At its 838th plenary meeting, on 17 November 1959, the General Assembly adopted draft resolutions I, II, 11, IV, V, VI and VII submitted by the Fourth Committee (A/4272, para. 43). For the final texts, see resolutions 1356 (XIV), 1357 (XIV), 1358 (XlV), 1359 (X1V), 1360 (XIV), 1361 (XIV) and 1362 (XIV), respectively, below. At its 857th plenary meeting, on 12 December 1959, the General Assembly, on the recommendation of the Fourth Committee, appointed Denmark to replace Finland and reappointed Brazil and Ethiopia as members of the Committee on South West Africa. Resolutions adopted by the General Assembly 1356 (XIV). PETITIONS AND COMMUNICATIONS RELATING TO SOUTH WEST AFRICA The General Assembly, Having accepted the advisory opinion of 11 July 1950 of the International Court of Justice on the question of South West Africa,l/ Having authorized the Committee on South West Africa, by resolution 749 A (VIII) of 28 November 1953, to examine petitions in accordance with the Mandates procedure of the League of Nations, 1/ International status of South West Africa, Advisory Opinion: I.C.J. Reports 1950, p. 128. Having received a report (A/4191, part I, sec. II) from the Committee dealing with petitions andrelated communications from Chief Samuel Witbooi, Chief Hosea Kutako, the Reverend Michael Scott, Mr. Jariretundu Kozonguizi, the Reverend Markus Kooper, Mr. J. Dausab and others in the Hoachanas Native Reserve, Chief P. Keharanyo, Mr. Jacobus Beukes, Messrs. J. G. A. Diergaardt, J. H. Mall, P. Diergaardt and others in the Rehoboth Community, Messrs. Toivo Ja-Toivo and F. Isaacs, Mr. Neville Rubin, and Mr. Hans Beukes, Noting that these these petitions and communications raise questions concerning various aspects of the administration of the Territory of South West Africa and of conditions in the Territory upon which the Committee has presented a report (A/4191, part 11),

22 General Assembly - Fourteenth Session - Annexes Decides to draw the attention of the petitioners to the report and observations of its Committee on South West Africa regarding conditions in the Territory, submitted to the General Assembly at its fourteenth session, and to the action taken by the Assembly on this report. 838th plenary meeting, 17 November 1959. 1357 (XIV). THE HOACHANAS NATIVE RESERVE The General Assembly, Having authorized the Committee on South West Africa, by resolution 749A (VIII) of 28 November 1953, to examine petitions as far as possible in accordance with the Mandates procedure of the League of Nations, Having received the report (A/4191) from the Committee dealing, inter alia, with its examination of petitions concerning developments in the Hoachanas Native Reserve, Considering that the, original inhabitants of the Territory have an inherent right to continued and unmolested residence on their own land, Noting that inhabitants of the Hoachanas Native Reseve, survivors of the Red Nation, or Rooinasie Namas, have an inherent right of ownership and possession of their ancestral land at Hoachanas, where they claim an area of 50,000 hectares as recognized by agreement with the German Government, and that former Governor Theodor Leutwein, recording the history of his governorship of German South West Africa from 1894 to 1905, stated: "The next reserve was in Hoachanas, headquarters of the Red Nation. There, in 1902, a total of 50,000 hectares was declared the inalienable property of the tribe",2/ Noting further that the Government of the Union of South Africa reported to the League of Nations in 1923 that it had confirmed the rights of "Natives" on land occupied by themunder treaties or agreements with the former German administration, Noting that the residents of the Hoachanas Native Reserve were ordered by the Government of the Union of South Africa to vacate Hoachanas by 31 December 1956, that the majority refused to leave their traditional land and move, as directed by the Government, to land found by a government commission to be inferior to that of Hoachanas, and that the Administrator of South West Africa consequently obtained a court order in July 1958 for the eviction of one of the Nama residents, the Reverend Markus Kooper, Minister of the African Methodist Episcopal Church, Recalling that the Committee on South West Africa, in its report to the General Assembly at the thirteenth session (A/3906 and Add.1, para. 119), urged the Union of South Africa to take all steps necessary to ensure that the people of Hoachanas retained their traditional homeland and to investigate their claim to surrounding land, Recalling further that the General Assembly, by resolution 1245 (XIII) of 30 October 1958, approved the report of the Committee on South West Africa' and thereby endorsed the Committee's decision regarding Hoachanas, / Theodor Leutwein, Elf Jahre Gouverneur in DeutschSffdwestafrika, Berlin, 1907, p. 272. Noting with concern that the Government of the Union of South Africa disregarded this decision, and caused the Reverend Markus Kooper and his family to be forcibly removed from Hoachanas on 29 January 1959 to a site approximately 150 miles away, thereby depriving his congregation of their minister, that several residents of the reserve were allegedly injured during the removal, and that the other inhabitants of the reserve were informed by Government officials of their impending removal by force, Considering with regret that it is the policy of the Mandatory Power to remove the "Native" inhabitants from their lands which they have held as their own in order to make room for "European" settlers, in violation of fundamental human rights and the sacred trust assumed by the Government of the Union of South Africa over the Mandated Territory, Considering the removal of the inhabitants of Hoachanas for a purpose not in conformity with the Mandate or the Charter of the United Nations to be contrary to the obligation undertaken by the Mandatory Power to promote to the utmost the material and moral well-being and the social progress of the "Native" inhabitants of the Territory, 1. Urges the Government of the Union of South ATYr-ca to desist from carrying out the removal of other residents of the Hoachanas Native Reserve and to arrange for the return of the Reverend Markus Kooper and his family to that reserve; 2. Requests the Government of the Union of South Africa to investigate the claims of the Rooinasie Namas to the original area of Hoachanas, of which only 14,254 hectares are now occupied by them, and to 'take such further steps as may be necessary, in consultation with the territorial Administration and the people concerned, to ensure the recognition and protection of the full rights of the people of Hoachanas and the promotion of their general welfare; 3. Requests the Government of the Union of South Africa to inform the United Nations on the measures taken to implement to present resolution. 838th plenary meeting, 17 November 1959. 1358 (XIV). WITHDRAWAL OF A PASSPORT FROM MR. HANS JOHANNES BEUKES The General Assembly, Having accepted the advisory opinion of 11 July 1950 of the International Court of Justice on the question of South West Africa, Having authorized the Committee on South West Africa, by resolution 749 A (VIE) of 28 November 1953, to examine petitions in accordance with the Mandates procedure of the League of Nations, Having received, a report3a/ from the Committee dealing with petitions from Mr. Hans Johannes Beukes, a South West African student, and from Mr. Neville Rubin, President of the National Union of South African Students, Noting that Mr. Beukes had been granted a scholarship by the Norwegian National Union of Students 3/ See A/4191, part I, sec. I, part II, sec. I, para. 80, and sec. VI, paras. 226 and 227; see also annexes XXIX to XXXII.

Agenda item 38 23 (Norsk Studentsamband) to study for threeyearsatthe University of Oslo, Noting further that Mr. Beukes, a second-year student at the University of Cape Town, had been selected for the scholarship by a committee consisting of the Head of the Department of History, a professor of Roman law at that University, and the President of the National Union of South African Students, Considering that the Government of the Union of Sot -Africa granted Mr. Beukes a passport on 15 June 1959 to enable him to proceed to Norway, and withdrew that passport on 24 June, when Mr. Beukes arrived at the port of embarkation, subjecting Mr. Beukes to a search of his person, luggage and personal correspondence, Noting the protests made by the South African Press, students of the University of Cape Town, and the Teachers' Educational and Professional Association in the Union of South Africa, as well as other representatives of the public in the Union of South Africa, against the action taken by the Union Government, Taking into account that there are no facilities for univer-sity edueation in South West Africa and that "non-European" students from the Territory find it lncreasingly-difficult to obtain adequate university educatiofn inthe Union of South Africa, 1. Is of the opinion that the withholding or withdrawal from a qualified South West African student of a passport for the purpose of studying abroad is not only a direct interference in the educational and general advancement of an individual but a hindrance to the educational development of the Territory of South West Africa which was entrusted under the Covenant of the League of Nations to the administration of the Union of South Africa; 2. Considers the withdrawal by the Union of South Africa of the passport granted to Mr. Beukes to be an act of administration contrary to the Mandate for South West Africa; 3. Expresses the hope that the Government of the Union of South Africa will reconsider its decision so that Mr. Beukes may take advantage of the scholarship offered him to study at the University of Oslo in circumstances permitting him to maintain normal relations with his family and his country. 838th plenary meeting, 17 November 1959. 1359 (XIV). STATUS OF THE TERRITORY OF SOUTH WEST AFRICA The General Assembly, Having recommended, by its resolutions 65 (I) of 14 December 1946, 141 (I) of 1 November 1947, 227 (III) of 26 November 1948, 337 (IV) of 6 December 1949, 449 B (V) of 13 December 1950, 570 B (VI) of 19 January 1952, 749 B (VIII) of 28 November 1953, 852 (IX) of 23 November 1954, 940 (X) of 3 December 1955, 1055 (XI) of 26 February 1957, 1141 (XII) of 25 October 1957 and 1246 (XI) of 30 October 1958, that the Mandated Territory of South West Africa be placed under the International Trusteeship System, and having repeatedly invited the Government of the Union of South Africa to propose, for the consideration of the General Assembly, a trusteeship agreement for South West Africa, Having accepted, by its resolution 449 A (V) of 13 December 1950, the advisory opinion of 11 July 1950 of the International Court of Justice on the question of South West Africa,l/ Considering that, in accordance with Chapter XII of the Charter of the United Nations, all Mandated Territories which have not achieved independence have been brought under the International Trusteeship System, with the gole exception of the Territory of South West Africa, 1. Reiterates its resolutions 65 (1) of 14 December ' 1946, 141 (11) of 1 November 1947, 227 (I) of 26 November 1948, 337 (IV) of 6 December 1949, 449 B (V) of 13 December 1950, 570 B (VI) of 19 January 1952, 749 B (VIII) of 28 November 1953, 852 (IX) of 23 November 1954, 940 (X) of 3 December 1955, 1055 (XI) of 26 February 1957, 1141 (XII) of 25 October 1957 and 1246 (XIII) of 30 October 1958, to the effect that the Territory of South West Africa be placedunder the International Trusteeship System; 2. Asserts that, in the present conditions of political and economic development of South West Africa, the normal way of modifying the international status of the Territory is to place it under the International Trusteeship System by means of a trusteeship agreement in accordance with the provisions of Chapter XII of the Charter of the United Nations. 838th plenary meeting, 17 November 1959. 1360 (XlV). QUESTION OF SOUTH WEST AFRICA The General Assembly, Recalling its previous resolutions in which the Assembly recommended that the Mandated Territory of South West Africa be placed under the International Trusteeship System and repeatedly invited the Government of the Union of South Africa to propose, for the consideration of the General Assembly, a trusteeship agreement for South West Africa, Considering that, in accordance with Chapter XII of the Charter of the United Nations, all Mandated Territories, with the sole exception of South WestAfrica, have been placed under the International Trusteeship System, Recalling further its resolution 449 A (V) of 13 December 1950, by which the General Assembly accepted the opinion of 11 July 1950 of the International Court of Justicel/ to the effect, inter alia, that: (t) South West Africa is a Territory under the international Mandate assumed by the Union of South Africa on 17 December 1920, Ub) The Union of South Africa continues to have the international obligations stated in Article 22 of the Covenant of the League of Nations and in the Mandate for South West Africa, the supervisory functions to be exercised by the United Nations, (c) That the Union of South Africa acting alone has not the competence to modify the international status of the Territory of South West Africa, Noting with grave concern that the administration of the Territory, in recent years, has been conducted

24 General Assembly - Fourteenth Session - Annexes increasingly in a manner contrary to the Mandate, the Charter of the United Nations, the Universal Declaration of Human Rights, the advisory opinions of the International Court of Justice, and the resolutions of the General Assembly, Having received from the Committee on South West Africa the sixth report (A/4191) submitted in accordance with General Assembly resolution 749 A (VII) of 28 November 1953, Noting further the conclusion of the Committee that it is essential to the welfare and security of the peoples of South West Africa that the administration of the Territory be altered without undue delay (A/4191, para. 233), Having also heard the statements of petitioners which further corroborate the conclusions and opinions formed by the Committee on South West Africa concerning political, social, economic and educational conditions prevailing in the Territory, Considering further that, while the former Mandated Territories placed under the International Trusteeship System have rapidly progressed towards independence, the conditions in the Territory of South West Africa present a totally different picture, 1. Notes the statement made by the representative of the Union of South Africa at the 924th meeting of the Fourth Committee on 26 October 1959 expressing, inter alia, the Union's readiness to enter into discussions with the United Nations; 2. Invites the Government of the Union of South Africa to enter into negotiations with the United Nations through the Committee on South West Africa, which is authorized under its terms of reference to continue negotiations with the Union, or through any other committee which the General Assembly may appoint, with a view to placing the Mandated Territory under the International Trusteeship System; 3. Requests the Government of the Union of South Africa to formulate for the consideration of the General Assembly, at its fifteenth session, proposals which will enable the Mandated Territory of South West Africa to be administered in accordance with the principles and purposes of the Mandate, the supervisory functions being exercised by the United Nations according to the terms and intent of the Charter; 4. Approves the report of the Committee on South West Africa and commends it to the urgent attention of the Government of the Union of South Africa; 5. Requests the Committee on South West Africa, or any other committee which may be appointed in pursuance of paragraph 2 above, to submit tothe General Assembly, at its fifteenth session, a report on the negotiations with the Union Government in addition to the annual report on conditions in the Territory of South West Africa. 838th plenary meeting, 17 November 1959. 1361 (XIV). LEGAL ACTION TO ENSURE THE FULFILMENT OF THE OBLIGATIONS ASSUMED BY THE UNION OF SOUTH AFRICA IN RESPECT OF THE TERRITORY OF SOUTH WEST AFRICA The Genea lAssem y, Recalling the advisory opinion of the International Court of Justice of 11 July 1950 concerning the international status of South West Africa,!/ Recalling that, by its resolution 449 A (V) of 13 December 1950, it accepted the advisory opinion of the International Court of Justice, Recalling further that, by its resolution 1142 A (XII) of 25 October 1957, it commended the special report of the Committee on South West Africa (A/3625) on legal action which might be taken for that purpose, and in particular drew the attention of Member States to the legal action provided for in article 7 of the Mandate read with Article 37 of the Statute of the International Court of Justice, Draws the attention of Member States to the conclusions of the special report of the Comittee on South West Africa covering the legal action open to Member States to refer any dispute with the Union of South Africa concerning the interpretation or application of the Mandate for South West Africa to the International Court of Justice for adjudication in accordance with article 7 of the Mandate read in conjunction with Article 37 of the Statute of the Court. 838th plenary meeting, 17 November 1959. 1362 (XIV). REPORT OF THE GOOD OFFICES COMMITTEE ON SOUTH WEST AFRICA The General Assembly, Having considered the report of the Good Offices Committee on South West Africa, (A/4224), prepared in accordance with General Assembly resolution 1243 (XI) of 30 October 1958, 1. Takes note of the report of the Good Offices Committee on South West Africa; 2. Expresses its appreciation to the members of the Committee for their efforts. 838th plenary meeting, 17 November 1959. CHECK LIST OF DOCUMENTS Note: This check list includes all the documents mentioned during the consideration of agenda Item 38 which are not reproduced in the present fascicle. Title Report of the Ad Hoc Committee on South West Africa to the General Assembly Observations and references Official Records of the General Assembly, Sixth Session, Annexes, agenda item38 Document No. A/1901

Agenda item 38 25 Document No. A/2261 A/3625 A/3626 A/3900 A/3906 and Add.1 A/4191 A/AC.73/2 A/AC.73/ L.2 A/AC.73/ L.13 A/C.4/96 A/C.4/410 and Add.1 A/C.4/421 Title Report of the Ad Hoc Committee on South West Africa to the General Assembly Special report of the Committee on South West Africa Report of the Committee on South West Africa Report of the Good Offices Committee on South West Africa Report of the Committee on South West Africa to the General Assembly Report of the Committee on South West Africa to the General Assembly Report of the Sub-Committee on Legal Questions to the Committee on South West Africa The provisional rules of procedure of the Committee on South West Africa for the examination of reports and petitions relating to the Territory of South West Africa Information and documentation in respect of the Territory of South West Africa Communications received by the Secretary-General: letter from the Reverend Michael Scott transmitting petitions from inhabitants of South West Africa Requests for hearings Statement made by the representative of the Union of South Africa at the 900th meeting of the Fourth Committee A/C.4/424 Statement made by the representative of the Union of South Africa at the 884th meeting of the Fourth Committee A/C.4/426 Statement made bytheRapporteur of the Committee on South West Africa at the 913th meeting of the Fourth Committee A/C.4/427 Statements made by the representative of the Union of South Africa at the 914th, 915th and 916th meetings of the Fourth Committee A/C.4/428 Statement made by the representative of the Union of South Africa at the 918th meeting of the Fourth Committee A/C.4/429 Statement made by the representative of the Union of South Africa at the 924th meeting of the Fourth Committee A/C.4/L.593 Status of the Territory of South West Africa-Ghana, Liberia, Pakistan, and Add.1 Philippines, Tunisia and Yugoslavia: draft resolution A/C.4/L.594 Guatemala: amendment to the draft resolution submittedbythe Committee on South West Africa (A/4191, annex IV) A/C.4/L.595 Question of South West Africa-Afghanistan, Argentina, Burma, Ceylon, and Add.1 Ethiopia, Federation of Malaya, India, Indonesia, Iraq, Ireland, Jordan, Lebanon, Libya, Morocco, Nepal, Pakistan, Philippines, Saudi Arabia, Sudan, United Arab Republic, Venezuela, Yemen and Yugoslavia: draft resolution A/C.4/L.596 Legal action to ensure the fulfilment of the obligations assumed by the and Add.1 Union of South Africain respect of the Territory of South West AfricaEthiopia, Ghana, Guinea, Haiti, Jordan, Liberia, Libya, Morocco, Pakistan, Philippines, Saudi Arabia, Sudan, Tunisia and United Arab Republic: draft resolution A/C.4/L.597 Report of the Good Offices Committee onSouthWest Africa - Argentina, Ireland, New Zealand, Norway: draft resolution A/C.4/L.598 Question of South West Africa-Denmark, Finland and Sweden: draft resolution A/C.4/L.598/ Question of South West Africa-Denmark, Finland, Norway andSweden: Rev.1 revised draft resolution A/C.4/L.600 Colombia and Iran: amendment to document A/C.4/L.596 and Add.1 A/C.4/L.601 Draft report of the Fourth Committee Observations and references Ibid., Eighth Session, Annexes, agenda item 36 Ibid., Twelfth Session, Supplement No. 12A Ibid., Supplement No. 12 Ibid., Thirteenth Session, Annexes, agenda item 39 Ibid., Thirteenth Session. Supplement No. 12 Ibid., Fourteenth Session, Supplement No. 12 Mimeographed Ditto Ditto Official Records of the General Assembly, Second Session. Fourth Committee, annex 3e Mimeographed Mimeographed; for summary, see Official Records of the General Assembly, Fourteenth Session, Fourth Committee, 900th meeting, paras. 9-33 Idem, 884th meeting, paras. 2-12 Idem, 913th meeting, paras. 3347 Idem, 914th meeting, paras. 1123; 915th meeting, paras. 124; 916thmeeting,paras. 1-12 Idem, 918th meeting, paras. 313 Idem, 924th meeting,paras. 1-3 Adopted without change. See A/ 4272, para. 43, draft resolution IV See A/4272, para. 20 See A/4272, para. 26 Adopted without change. See A/ 4272, para. 43, draft resolution VI Adopted without change. See A/ 4272, para. 43, draft resolution VII Mimeographed. Replaced by A/ C.4/L.598/Rev.1 See A/4272, para. 27 See A/4272, para. 35 Same text as A/4272

General Assembly - Fourteenth Session - Annexes Title Verbatim records of the 745th, 749th and 755th meetings of the Fourth Committee Observations and references Mimeographed; for summary, see Official Records of the General Assembly, Thirteenth Session, Fourth Committee, 745th, 749th and 755th meetings Liern in U.N. 2480- September 1960-2,025 Document No. A/C.4/PV. 745, 749 and 755 Litho in U.N. 2480-September 1960-2,025