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General Assembly Security Council Distr UNITED NATIONS General Assembly Security Council Distr. GENERAL A/46/44 S/23126+-=- 9 October 1991 ORIGINAL: ENGLISH GENERAL ASSEMBLY SECURITY COUNCIL Forty-sixth session Forty-sixth year REPORT OF THE INTERGOVERNMENTAL GROUP TO MONITOR THE SUPPLY AND SHIPPING OF OIL AND PETROLEUM PRODUCTS TO SOUTH AFRXCA* CONTENTS Paraoraohs Page LETTER OF TRANSMTTTAL ,,~........",,............~.....~................. 3 I. INTRODUCTION . ..*..................*"............. 1 - 10 4 II. STATUS OF THE OIL EMBARGO AGAINST SOUTH AFRICA . 11 - 20 6 III. ACTIVITIES OF THE INTERGOVERNMENTAL GROUP . ...*....*.. 21 - 46 8 A. Cases of alleged violations of the oil embargo reported between 1987 and 1991 . ...*..... 25 - 30 8 B. Survey of port calls reported in 1990 and 1991 . 31 - 33 10 C. Possibility of forgeries of documentation . 34 - 40 10 D. Hearings on the :itatus of the oil embargo . 41 - 46 11 * The present version is a mimeographed version of the report of the Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa. It will be issued subsequently in final form as Official Records of the General Assemblv, Fortv-sixth Session, SuPPlement No. 44 (A/46/44). 91-30635 2665f (E) / . CONTENTS (Continued) ParaqraDhs Pa_qe IV. MODEL LAW FOR THE EFFECTIVE ENFORCEMENT OF THE OIL EMBARGO AGAINST SOUTH AFRICA ,..,,.,.................. 47 - 61 13 v. CONCLUSIONS AND, RECOMMENDATIONS ,*.*.....,............ 62 - 68 15 A. Conclusions . ..*....,.,..,.*,. ...*....*....**. 62 - 67 15 B. Recommendations .,................................ 68 16 Annexes b I. A. Ships and companies reported to have been involved in supplying oil to" South Africa between 1987 and 1990 . 17 B. Communications between Governments and the Intergovernmental Group concerning cases of alleged violations reported between 1987 and 1990 ..*,,,..,........,...,~..,.,.....,...,,, 38 II. Summary of cases of alleged violations reported in 1991 l ..*...... 40 III. Survey of unclarified tanker calls at South African ports reported in 1990 ..,....,....,.,..,.~.........~...........~~..,~.. 54 IV. Survey of unclarified tanker calls at South African ports reported in 1991 ,..,......I...,........ ..**.......*.......... 62 -2- LETTER OF TRANSMITTAL 13 September 1991 Excellency, I have the honour, in accordance with paragraph 6 of General Assembly resolution 45/176 F of 19 December 1990, to transmit herewith the report of the Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa, which was adopted unanimously on 13 September 1991. On behalf of the Group, I would like to request that this report be issued as a document of the General Assembly and the Security Council. Accept, Excellency, the assurances of my highest consideration. (Signed) Anthony B. NYAKYI Chairman Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa His Excellency Mr. Javier Perez de Cuellar Secretary-General United Nations -3- I. INTRODUCTION 1. The Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa was established by the General Assembly in its resolution 41/35 F of 10 November 1986. Since then the work of the Intergovernmental Group has been endorsed by the General Assembly, most recently in Assembly resolution 451176 F of 19 December 1990. Since its inception, the Intergovernmental Group has consisted of the following Member States: Algeria, Cuba, Indonesia, Kuwait, New 'Zealand, Nicaragua, Nigeria, Norway, Ukraine and the United Republic of Tanzania. At its meeting on 22 March 1991, the Intergovernmental Group re-elected Mr. Anthony B. Nyakyi (United Republic of Tanzania) as Chairman, Ms. Nabeela Al-Mulla (Kuwait) as Vice-Chairman and Mr. Sverre Bergh-Johansen (Norway) as Rapporteur for the current year. 2. Representatives of the liberation movements of South Africa, namely, the African National Congress of South Africa (ANC) and the Pan Africanist Congress of Azania (PAC), have participated in the meetings of the Intergovernmental Group as observers. The Intergovernmental Group, since its inception, has cooperated with the Organization of African Unity (OAU) and other intergovernmental and non-governmental organizations. 3. Since its report to the General Assembly at its forty-fifth session 11 the Intergovernmental Group has continued its work following the same lines as in previous years. It has considered information received on alleged violations and port calls in South Africa of ships that have the capability of carrying oil and petroleum products. In its efforts to conclude its investigation of cases reported in the past, the Intergovernmental Group sent a final reminder to Governments concerned regarding the cases reported in the years 1987 to 1989 in order to provide Governments with the opportunity to present findings of investigations conducted with regard to the cases. These cases appear in annex II of the above-mentioned previous report of the Intergovernmental Group. 4. The Intergovernmental Group is maintaining contacts with Governments, intergovernmental and non-governmental groups on all questions that fall within its mandate. The contributions of non-governmental groups have been especially valuable for the work of the Group. Close and cooperative relations are maintained between the Group and the Special Committee against Apartheid, which is the focal organ at the United Nations, in all issues related to apartheid. 5. The Intergovernmental Group has taken note of the interim report of the Special Committee against Apartheid (A/AC.115/L.675), which highlighted the inability or unwillingness of the South African regime to take impartial and effective measures in order to bring under control a situation of violence which has contributed to a climate of distrust and turmoil in the country. In such circumstances limitecl progress has been achieved in the recent period towards the creation of a climate conducive to negotiations for the adoption of a democratic constitution in spite of the repeal of main apartheid legislation. The end of violence, the release of all political prisoners, the repeal of all repressive legal structures were seen as some of the measures required to open the road towards substantive negotiations. The international -4- community's task should be to foster, through pressure and assistance, the process of negotiations on a new constitution and See to it that a united, non-racial and democratic society in South Africa is established as soon as possible. 6. The Intergovernmental Group has been mandated to ensure an effective embargo on the supply and shipping of oil and petroleum products to South Africa. It therefore continues to take action to assist Governments in fully implementing their embargoes ox comparable policies. It has also endeavoured to promote public awareness of the embargo and to persuade Member States to adopt measures and/or legislation to broaden the scope of the embargo and help in closing existing loopholes. Since the objective of sanctions in general, and the oil embargo in particular, is to bring pressure on South Africa towards ending apartheid, and since the ban on oil and petroleum products is considered essential for maintaining pressure on South Africa, the Intergovernmental Group considers that the oil embargo is of vital importance. The General Assembly considered last year that the oil embargo should be maintained until profound and irreversible changes take place in that country. Such changes will be achieved in South Africa when its people, irrespective of colour, race or ethnic origin, have control over their destiny and freely determine their affairs within a democratic and non-racial system of government. 7. With the aim of consulting experts and non-governmental organisations on the issue of the oil embargo and its prospects, the Intergovernmental Group conducted hearings on the status of the oil embargo on 15 August 1991 with university professors and representatives of non-governmental organizations. 8. The Intergovernmental Group also recommended the General Assembly at its forty-fifth session to consider commending the draft model law on the oil embargo against South Africa to all States. Upon the approval of that recommendation and the adoption of General Assembly resolution 451176 F, the Chairman of the Intergovernmental Group transmitted the proposed model law to Governments and requested information on action taken in that regard. The Intergovernmental Group, in presenting this model law, hopes that Governments will take effec,tive measures to prevent the export of their oil and petroleum products and/or transport of such commodities by ships flying their flags or chartered or managed by companies within their jusisdiction. The model law contains provisions for penalties on the violations of the oil embargo. 9. The Intergovernmental Group had previously dealt with cases of possible violations of the oil embargo which were eventually removed from consideration because of lack of evidence. This year new information on possible forgeries of documentation previously accepted was submitted to the Intergovernmental Group. This led to cases being reopened. The current status of this work is set Out in chapter III, section C, of the present report. 10. The present report was adopted by the Intergovernmental Group at its 12th meeting, held on 13 September 1991. -5- II. STATUS OF THE OIL EMBARGO AGAINST SOUTH AFRICA 11. The General Assembly, by establishing
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