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Ÿþm Icrosoft W UNITED NATIONS UNITED NATIONS REPORT OF THE COMMITTEE ON SOUTH WEST AFRICA GENERAL ASSEMBLY OFFICIAL RECORDS : FIFTEENTH SESSION SUPPLEMENT No. 12 (A/4464) New York, 1960 NOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. CONTENTS Part I Page I. G eneral ................................... .......... 1 II. Negotiations with Union of South Africa ............................. 2 III. Question of legal action to ensure the fulfilment of the obligations assumed by the Union of South Africa in respect to the Territory of South West 3 Africa ................................................. IV. Examination of petitions and communications relating to South West Africa A. Requests for oral hearings and related communications ............. 4 B. Questions relating to the right of petition ......................... 5 C. Petitions which raise questions relevant to the examination of condi- 7 tions in the Territory by the Committee .................... ..... D . O ther petitions .................................. .... ........ 9 E. Communications relating to South West Africa .................... 10 Part H REPORT AND OBSERVATIONS OF THE COMMITTEE ON SOUTH WEST AFRICA REGARDING CONDITIONS IN THE TERRITORY I. Introduction ....................................................... 11 II. General A. Status of the Territory .................................... 13 B. Population of the Territory ..................................... 17 III. Political conditions A. G eneral ....................................................... 18 B. General distribution of administrative, legislative and judicial authority 19 C. Disturbances in W indhoek ....................................... 19 D. Situation in Ovamboland ........................................ 30 E. Military and internal security measures ............................ 30 IV. Economic conditions A. General; agriculture and the drought .......................... 32 B. Mining and other industry .................................. 35 C. Public finance .................................................. 36 D. Land allocation and alienation .................................... 37 V. Social conditions A. Labour ................................................ 39 B. Public H ealth ................................................. 43 C. Freedom of movement .......................................... D. Native housing in urban areas .................................. 46 E. Prisons .................................. ................... 47 VI. Educational conditions A . G eneral ....................................................... 47 B. Primary and secondary education .................................. 47 C. Commission of Enquiry into Non-European Education ............... 49 D. Higher education ......................................... 54 E. Expenditure for education ....................................... 5 VII. Concluding remarks ................................................. 56 ANNEXES Page I. Draft resolution concerning the Windhoek location ...................a 57 I. Correspondence with the Government of the Union of South Africa concerning the renewal of negotiations in accordance with General Assembly resolution 1360 (XIV) A. Letter dated 13 June 1960 from the Chairman of the Committee on South West Africa to the Minister of External Affairs of the Union of South A frica ................................................ 57 B. Letter dated 9 August 1960 from the Acting Permanent Representative of the Union of South Africa to the Chairman of the Committee on South W est A frica ............................................. 58 C. Letter dated 29 July 1960 from the Minister of External Affairs of the Union of South Africa to the Chairman of the Committee on South West Africa ............................................. 58 III. Draft resolution concerning petitions relating to the Territory of South West Africa .................................................... 58 IV. Draft resolution concerning political freedom in South West Africa ....... 58 V. Report of the Commission of Enquiry into the occurrences in the Windhoek location on the night of the 10th to the 11th December 1959, and into the direct causes which led to those occurrences ................... 59 VI. Memorandum submitted to the Commission of Enquiry on behalf of Chief Hosea Kutako, the Ovamboland People's Organisation and the South W est Africa National Union ................................... 64 VII. A. Telegram dated 19 December 1959 from the Chairman of the Committee on South West Africa to the Minister of External Affairs of the Union of South Africa................................ 67 B. Text of draft resolution concerning the Windhoek location approved by the Committee on South West Africa at its 125th meeting on 21 December 1959 ........................................ e .......... 67 C. Letter dated 22 December 1959 from the Chairman of the Committee on South West Africa to the Minister of External Affairs of the Union of South A frica ................................................ 68 D. Letter dated 23 December 1959 from the Chairman of the Committee on South West Africa to the Secretary-General ................... 68 PART I I. GENERAL 1. By resolution 749 A (VIII) of 28 November 1953, the General Assembly established, "until such time as an agreement is reached between the United Nations and the Union of South Africa" a Committee on South West Africa. and requested this Committee to: "(a) Examine, within the scope of the Questionnaire adopted by the Permanent Mandates Commission of the League of Nations in 1926, such information and documentation as may be available in respect of the Territory of South West Africa; "(b) Examine, as far as possible in accordance with the procedure of the former Mandates System, reports and petitions which may be submitted to the Committee or to the Secretary-General; "(c) Transmit to the General Assembly a report concerning conditions in the Territory taking into account, as far as possible, the scope of the reports of the Permanent Mandates Commission of the League of ;Nations; "(d) Prepare, for the consideration of the General Assembly, a procedure for the examination of reports and petitions which should conform as far as possible to the procedure followed in this respect by the Assembly, the Council and the Permanent Mandates Commission of the League of Nations." 2. The Committee was also authorized by resolution 749 A (VIII) "to continue negotiations with the Union of South Africa in order to implement fully the advisory opinion of the International Court of Justice regarding the question of South West Africa". The Court's opinion, which was given on 11 July 1950, and which is outlined in greater detail in paras. 85-88 of this report, stated, inter alia, that South West Africa is a Territory under the international Mandate assumed by the Union of South Africa on 17 December 1920 and that the Union Government continues to have international obligations with respect to the Territory, including the obligation to submit to the supervision and control of the General Assembly.' 3. Finally, the Committee was requested to submit reports on its activities to the General Assembly at its regular sessions. 4. As originally established, the Committee consisted of seven members. By resolution 1061 (XI) of 26 February 1957, the General Assembly, considering that the continuing absence of an agreement between the United Nations and the Union of South Africa required that the Committee should remain in existence for the purposes set forth in resolution 749 A (VIII), decided that the composition of the Committee should be increased to nine members appointed by the Assembly on the recommendation of the Fourth Committee, 1 See lntenwtionnj Status of South-West Africa, Advisory OPtiion: LCJ. Reports 1950, pp. 143 and 137. and that one-third of the membership should be renewed by the same procedure annually. On 12 December 1959, the Assembly, on the recommendation of the Fourth Committee, re-elected Brazil and Ethiopia, and elected Denmark to replace Finland on the Committee effective 1 January 1960. 5. The composition of the Committee during 1960 was accordingly as follows: Indonesia, the United Arab Republic and Uruguay, elected to serve until 31 December 1960; Guatemala. Ireland and the Philippines, elected to serve until 31 December 1961; and Brazil, Denmark and Ethiopia, elected to serve until 31 December 1962. 6. The following representatives served on the Committee during the period covered by the present report: Brazil: Mr. Carlos S. Gomes Pereira, Mr. Pedro de Souza-Braga; Mr. Marcelo Raffaelli Denmark: Mr. A. Hessellund-Jensen, Mr. Poul Boeg Ethiopia: Mr. Haddis Alemayehou, Mr. Zaude Hailemariam, Mr. Girma Abebe Guatemala: Mr. Alberto Herrarte, Mr. Maximiliano Kestler Indonesia: Mr. Imam Abikusno Ireland: -Mr. Eamonn L. Kennedy, M\r. Brendan T. Nolan Philippines: Mr. Victorio D. Carpio United Arab Republic: Mr. Mostafa Rateb Abdel Wahab, Mr. Shaffie AM EI-Hamid, Mr. Najmuddine Rifai, Mr. Samir M. Ahmed Uruguay: Mr. Enrique Rodriguez Fabregat, Mr. C~sar Montero-Bustamante, Mr. Nelson IrinizCasas In addition, Finland was represented by Mr. Ilkka Olavi Pastinen during five meetings of the Committee held in December 1959. 7. At its 126th meeting on 20 January 1960, the first meeting of its seventh session, the Committee re-elected Mr. Enrique Rodriguez Fabregat as its Chairman,
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