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United Nations United Nations GENERAL ASSEMBLY Agenda 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
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