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OPI~LREPORTS

OPI~LREPORTS SUPPLET AFIC OFICA RECORDS THREET SESSION HII] !:i ~SPPEM N No.. 12 (A/3906)71.1,!'-' NEW YR 1958 4 :C,., : ., t , . ". ... . } .

UNITED NATIONS REPORT OF THE COMMITTEE ON TO THE GENERAL ASSEMBLY GENERAL ASSEMBLY OFFICIAL RECORDS THIRTEENTH SESSION SUPPLEMENT No. 12 (A/3906) New York, 1958

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.

TABLE OF CONTENTS Part I Page I. General ...... 1 II. Negotiations with the Union of ...... 1 III. The question of securing from the International Court of justice advisory opinions in regard to the administration of South West Africa ...... 2 IV. Examination of information and documentation concerning South West Africa 2 V. Examination of petitions and communications relating to South West Africa 2 A. Questions relating to the right of petition ...... 2 B. Questions relating to hearings of petitioners ...... 3 C. Examination of petitions and communications ...... 4 1. Petitions and related communications concerning conditions in the T erritory ...... 4 2. Other communications relating to South West Africa ...... 4 Part II REPORT OF THE COMMITTEE ON SOUTH WEST AFRICA ON THE QUESTION OF SECURING FROM THE INTERNATIONAL COURT OF JUSTICE. ADVISORY OPINIONS IN REGARD TO THE ADMINISTRATION OF SOUTH WEST AFRICA I. Scope of the study ...... 6 II. General legal basis and relevant acts of administration ...... 6 III. Consideration of principle ...... 8 Part HI REPORT AND OBSERVATIONS OF THE COMMITEE ON SOUTH WEST AFRICA REGARDING CONDITIONS IN THE TERRITORY I. General A . Status of the T erritory ...... 9 B. Population of South W est Africa ...... 10 II. Political conditions A , G eneral ...... 10 B. General elections and representation in legislative bodies ...... 10 C. Administrative policy and methods; application of ...... 11

Page III. Economic conditions A . G eneral ...... 15 B . P ublic finance ...... 16 C . M ining ...... 18 D. Agricultural and pastoral production ...... 18 E. Land allocation and alienation ...... 20 IV. Social conditions A . G eneral ...... 22 B . L abour ...... 22 C. Freedom of m ovement ...... 23 D . P ublic health ...... 24 E. Native and low-income housing in urban areas ...... 25 V. Educational conditions A . G eneral ...... 26 B. Inquiry into education in the Territory ...... 27 C. Conclusions of the Committee ...... 28 VI. Concluding remarks ...... 28 ANNEXES I. Draft resolution concerning petitions and related communications in regard to South West Africa, proposed by the Committee on South West Africa for adoption by the General Assembly ...... 30 II. Petition dated 24 July 1957 from Mr. Jacobus Beukes, Rehoboth Community, to the Secretary of the United Nations ...... 30 III. Petition dated 10 August 1957 from Mr. Jacobus Beukes, Rehoboth Community, to the Secretary-General of the United Nations ...... 31 IV. Petition, undated, from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations ...... 32 V. Petition dated 12 October 1957 and related communications dated 10 January 1958, undated, dated 20 June 1958, and dated 31 July 1958, from Mr. Johannes Dausab and others, Native Reserve, to the Committee on South West Africa, the Secretary-General, and Messrs. Harry Bloch and Co., Solicitors, Win~dhoek 1. -Petition dated 12 October 1957 to the Chairman and Members of the Committee on South W est Africa ...... 32 2. Communication dated 10 January 1958 to the Secretary-General ...... 35 3. Communication, undated, to Messrs. Harry Bloch and Co., Solicitors, ...... ~~~...... --...... ,..... '...... 38 Windhoek ...... 4. Communication dated 20 June 1958 to the Secretary-General ...... 39 5. Communication dated 31 July 1958 to the United Nations ...... 42

VI. Petition dated 27 November 1957 from Chief , Windhoek, to the Secretary-General, and related memorandum from the Reverend Michael Scott. 1. Petition dated 27 November 1957 from Chief Hosea Kutako to the Secretary-G eneral ...... 48 a-' 2. Memorandum from the Reverend Michael Scott ...... 51 VII. Petition dated 22 July 1958 from the Reverend Michael Scott, the African Bureau, London, to the Chairman of the Committee on South West Africa, and related communication dated 29 July 1958 from Chief Hosea Kutako and Messrs. Chr Tziteza, E. Kauraisa, F. Katimo, L. Muriambihu, and L. Kaomba to the Secretary-General and the Chairman of the Committee on South West Africa. 1. Petition dated 22 July 1958 from the Reverend Michael Scott to the Chairman of the Committee on South West Africa ...... 53 2. Communication dated 29 July 1958 from Chief Hosea Kutako, Mr. Chr Tziteza, Mr. E. Kauraisa, Mr. F. Katimo, Mr. L. Muriambihu, and Mr. L. Kaomba to the Secretary-General and the Chairman of the Committee on South W est A frica ...... 56 . VIII. Summary of oral petition submitted by the Reverend Michael Scott at the 94th meeting of the Committee on South West Africa ...... 58 IX. Petition dated 13 June 1957 from Mr. NghuwoJepongo, Ukuanyama Tribal Congress, Ovamboland, to the Secretary-General ...... 59 X. Petitions dated 3 August 1957 from Mr. Toivo Herman Ja Toivo and eighty other Ovambo, dated 22 November 1957 from Mr. S. Shooinbe and 100 other Ovambo, and related communications dated 25 June and 29 July 1958 from Messrs. Festus Isaacs, Toivo H. Ja Toivo and D. D. Shoome. 1. Petition dated 3 August 1957 from Mr. Toivo Herman Ja Toivo and eighty other Ovambo, Ovamboland, to the Chairman of the Trusteeship C ou n cil ...... 60 2. Petition dated 22 November 1957 from Mr. S. Shoombe and 100 other Ovambo, Windhoek, to the Secretary-General ...... 61 3. Communication dated 25 June 1958 from Mr. Festus Isaacs, Mr. Toivo H. Ja Toivo and Mr. D. D. Shoombe to the Secretary of the Committee on South West Africa ...... 62 & 4. Communication dated 29 July 1958 from Mr. Festus Isaacs, Mr. Toivo Herman Ja Toivo, and Mr. D. D. Shoombe, Windhoek, to the Secretary of the Committee on South W est Africa ...... 63 XI. Petition dated 14 May 1958 from Mr. (Getzen), New York City, to the Secretary of the Committee on South West Africa ...... 63 XII. Petition dated 1 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa ...... 64 XIII. Petition dated 4 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa ...... 64 XIV. Petition dated 17 October 1957 from Mrs. Kdthe von Lobenfelder, Outjo, to the Trusteship Council ...... 64 5 ' XV. Communication dated 6 August 1957 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa ...... 6 5

Page XVI. Communication dated 10 August 1957 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa ...... 65 XVII. Communication dated 14 January 1958 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa ...... 66 XVIII. Communication dated 25 July 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-G eneral ...... 66 XIX. Communication dated 9 September 1957 from Chief Hosea Kutako, Windhoek, to the Secretary.G eneral ...... 66 XX. Communication dated 4 August 1958 from Chief Hosea Kutako, Windhoek, to the Secretary-G eneral ...... 66 XXI. Communication dated 3 December 1957 from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations General Assembly ...... 67 XXII. Communication dated 26 May 1958 from Mr. George M. Houser, American Committee on Africa, New York City, to the Secretary of the Committee on South West Africa and letter dated 8 May 1958 from Mr. Toivo H. Ja Toivo and Mr. D. D. Shoombe, Windhoek, for the Ovamboland People's Congress, to Her Majesty Queen Elizabeth II, London ...... 68 XXIII. Map of South West Africa 1958 (to be issued as an addendum)

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". Furthermore, the resolution authorized the Committee to continue negotiations with the Union of South Africa, in order to implement fully the advisory opinion of the International Court of Justice of 11 July 1950 regarding the question of South West Africa, and requested the Committee to submit reports on its activities to the General Assembly at its regular sessions. 2. Since the time of its establishment the Committee has held annual sessions, the fifth of which is the subject of the present report.' 3. 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 749A (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, and that one-third of the membership should be renewed by the same procedure annually. On 13 December 1957, the Assembly, on the recommendation of the Fourth Committee, elected three members to replace Syria, Thailand and Uruguay. The following States were elected: Egypt, Indonesia and Uruguay. 4. The composition of the Committee during its fifth session was accordingly as follows: Brazil, Egypt (subsequently United Arab Republic), Ethiopia, Finland, Indonesia, Mexico, Pakistan, the United States of America and Uruguay. The following representatives. served during the session: Brazil: Mr. Carlos S. Gomes Pereira Egypt (subsequently United Arab Republic): Mr.. Ahmed Osman, Ethiopia: Mr. A. H. Alemayehou Finland: Mr. G. A. Gripenberg, Mr. By6rn Alholm Indonesia: Mr. Imam Abikusno Mexico: Mr. Eduardo Espinosa y Prieto Pakistan: Mr. Yusuf J. Ahmad, Mr. S. A. Karim United States of America: Mr. Benjamin Gerig Uruguay: Mr. Enrique Rodriguez Fabregat, Mr. C~sar Montero Bustamente 5. At its 88th meeting on 9 January 1958, the first meeting of the fifth session, the Committee elected Mr. Enrique Rodriguez Fabregat as its Chairman, Mr. G. A. Gripenberg as its Vice-Chairman and Mr. Carlos S. Gomes Pereira as its Rapporteur. 6. Between 9 January and 5 September 1958 the Committee held nine meetings. At its 96th meeting on 5 September it adopted the present report to the General Assembly. II. NEGOTIATIONS WITH THE UNION OF SOUTH AFRICA 7. The Committee described in its previous reports the results of the efforts which it had made, within the framework of the authority granted to it by the General Assembly, to carry out negotiations with the Union of South Africa in order to implement fully the advisory opinion of the International Court of Justice. It recalls that those efforts met with no favourI For the reports of the Committee on the work of its first, second, third and fourth sessions, see Official Records of the General Assembly, Ninth Session, Supplement No. 14 (A/2666 and Add.1 and Corr.1); Tenth Session, Supplement No. 12 (A/2913 and Adds. 1-2) Eleventh Session, Supplement No. 12 (A/3151); Twelfth Session, Supplement No. 12 (A/3626). able response from the Union Government, which declined also-and has continued during the period of the present report to declipe-to co-operate in any way with the Committee in the discharge of its functions. 8. At its 88th meeting on 9 January 1958, the Committee decided in the light of the fact that, by resolution 1143 (XII) of 25 October 1957, the Assembly had established a Good Offices Committee to undertake discussions with the Government of the Union, to withhold for the time being any further approach to the Union Government which might be made under the Committee's own authority to negotiate.

11. THE QUESTION OF SECURING FROM THE INTERNATIONAL COURT OF JUSTICE ADVISORY OPINIONS IN REGARD TO THE ADMINISTRATION OF SOUTH WEST AFRICA 9. By resolution 1142 B (XII) of 25 October 1957 concerning 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 General Assembly requested the Committee on South West Africa to consider further the question of securing from the International Court of Justice advisory opinions in regard to the administration of the Territory, and to make recommendations in the present report concerning acts of the administration on which a reference to the Court might usefully be made as to their compatibility or otherwise with Article 22 of the Covenant of the League of Nations, the Mandate for South West Africa and the Charter of the United Nations. 10. To this end, the Committee appointed at its 88th meeting on 9 January 1958 a Sub-Committee consisting of the representatives of Finland, Mexico and the United Arab Republic. The Sub-Committee submitted a study of the question which served as the basis for further consideration by the Committee and for a special section of the present report, contained in part II. IV. EXAMINATION OF INFORMATION AND DOCUMENTATION CONCERNING SOUTH WEST AFRICA 11. In view of the continued failure of the Government of the Union of South Africa to submit annual reports on the administration of the Territory, and in accordance with rule XXII of its rules of procedure, the Committee at the same meeting decided to request the Secretary-General to submit to it all available recent information relating to South West Africa. The Committee had before it a document prepared by the Secretary-General (A/AC.73/L.12) pursuant to its decision to apply its alternate procedure with regard to reports. This document took the form of a supplement to the previous year's documentation (A/AC.73/L.10), recording such official information as had subsequently become available relating to developments in 1957 and to changes in the basic conditions in the Territory. The Committee also had before it unofficial information, including Press reports and petitions relating to the Territory. In the course of its 89th and 91st to 96th meetings, held between 14 July and 5 September 1958, the Committee examined the information and documentation available with a view to preparing a report to the Assembly concerning conditions in the Territory, pursuant to sub-paragraphs 12 (a) and 12 (c) of resolution 749 A (VIII) and resolution 941 (X), and taking into account resolution 1056 (XI). At its 96th meeting on 5 September 1958, the Committee adopted its report concerning conditions in South West Africa (see part III of the present report). V. EXAMINATION OF PETITIONS AND COMMUNICATIONS RELATING TO SOUTH WEST AFRICA 12. In view of the absence of any change in attitude on the part of the Government of the Union of South Africa with regard to the transmission to the United Nations of petitions received by it from sources within the Territory, the Committee continued to apply the alternate procedure of its rules of procedure in examining petitions relating to the Territory. 13. At its 88th and 89th meetings on 9 January and 14 July 1958, and during the course of its examination of conditions in the Territory, from its 91st to 96th meetings on 2 to 5 September 1958, the Committee examined petitions and communications submitted to it and to the Secretary-General relating to the Territory. 14. The action taken by the Committee with respect to these communications and petitions, which are annexed to the present report (annexes II-XXII), is reported below in paragraphs 25 to 30. The Committee also considered two general questions relating to petitions. The first concerns the right of petition and the second the problem of the availability of travel documents to enable South West Africans to appear for hearings granted to them by the United Nations. These matters are dealt with below in paragraphs 16 to 19 and 20 to 24 respectively. 15. At its 92nd meeting, the Committee considered and granted a request2 for an oral hearing by the Reverend Michael Scott, who, accordingly, addressed the Committee at its 94th meeting. A summary of his 2 See annex VII. oral petition is annexed to the present report (annex VIII). A. QUESTIONS RELATING TO THE RIGHT OF PETITION 16. In its previous report,3 the Committee drew the attention of the General Assembly to the complaint of a petitioner that action had been threatened against him by the Magistrate of the Rehoboth District if he wrote further to the Administrator of the Territory. The Committee considered that the action had serious implications as to the right of petition, since petitioners are being advised by the Committee, as required by alternate rule XXVI (a) of the rules of procedure, to re-submit their petitions to the United Nations through the Government if they have not already done so. The Committee accordingly suspended the application of this rule with respect to petitions from the petitioner concerned and recommended that the Union Government should investigate the action taken by the Magistrate and take all steps necessary to ensure that the right of petition was maintained in the Territory. 17. The Committee believes it appropriate now to inform the General Assembly that subsequent correspondence from the petitioner concerned shows that he has written further letters to the Administrator.4 He has not referred further to his previous complaint. (See para. 26, below.) 3 A/3626, paras. 19-23. 4 See annexes III and XXI.

18. A number of other petitions subsequently received by the Committee from Ovambo, Nama and Herero inhabitants of South West Africa contain allegations relating to the right of petition.5 Some of these allege that the Reverend T. H. Hamtumbangela was removed from Ovamboland to Windhoek for submitting a petition to the United Nations on behalf of the Ovambo.6 It is also claimed that people who write to the United Nations are in jeopardy and that their letters are stopped.7 19. The Committee has insufficient information to enable it to determine whether or not these allegations are well-founded. If they are not, the Committee expresses the hope that the Union Government will see to it that the right of petition is guaranteed to the inhabitants, and that any misapprehensions about the matter will be dispelled. B. QUESTIONS RELATING TO HEARINGS OF PETITIONERS 20. The Committee also drew attention in its last reports to the fact that petitioners wishing to be heard by the United Nations, and actually granted hearings by the Fourth Committee at the sixth session of the General Assembly,9 continued to be refused passports. A second case of the same kind appeared to arise following the granting by the Fourth Committee at the twelfth session of a hearing requested by Mr. Jariretundu Kozonguizi, a South West African student then in the Union of South Africa. The Fourth Committee, at its 736th meeting on 10 December 1957, referred to the Committee on South West Africa for consideration a letter dated 28 November 1957, signed in typescript with the name of the student, in the following terms: "With reference to your cables and my replies I have to inform you that the Secretary for the Internal Affairs of the Union of South Africa has, by letter, informed me that my application for a passport to enable me to travel to the United States has been refused. He did not give any reasons for the refusal." 21. The Committee must observe that it is for the Union Government to offer an explanation of this case, since the competence to issue travel documents to inhabitants of South West Africa lies with that Government. From the information at its disposal, the Committee is able to state that the official reason given for the refusal of passports to the South West Africans (representatives of the Herero, Nama and Berg Damara tribes) granted hearings by the Fourth Committee at the sixth session in 1951 was that "as the hearing of the Herero chiefs by the UNO would have been unconstitutional and in violation of the Charter, the Government was not prepared to grant facilities for this purpose.10" 22. Any such legal doubts in the matter of oral hearings, however, ought to have been removed, in the Committee's belief, by the advisory opinion of the International Court of Justice of 1 June 1956 on the question of the admissibility of hearings of petitioners 5 See annexes V, VI, VII, IX and X. 6 See annexes IX and X. 7 See annexes,V, IX and X. 8 A/3626, paras. 24-29. 9 Ofl cial Records of the General Assembly, Sixth Session, Fourth Committee, 204th meeting, 16 November 1951. 10 Union Minister of the Interior, speaking in the House of Assembly, 29 January 1952 (Union of South Africa, Hansard, 1952, col. 343). by the Committee, and in particular from the following passages in that opinion: "The right of petition was introduced into the Mandates System by the Council of the League on January 31st, 1923, and certain rules relating to the matter were prescribed. This was an innovation designed to render the supervisory function of the Council more effective. The Council having established the right of petition, and regulated the manner of its exercise, was, in the opinion of the Court, competent to authorize the Permanent Mandates Commission to grant oral hearings to petitioners, had it seen fit to do so."... "There is nothing in the Charter of the United Nations, the Covenant of the League, or the Resolution of the Assembly of the League of April 18th, 1946, relied upon by the Court in its Opinion of 1950, that can be construed as in any way restricting the authority of the General Assembly to less than that which was conferred upon the Council by the Covenant and the Mandate; nor does the Court find any justification for assuming that the taking over by the General Assembly of the supervisory authority formerly exercised by the Council of the League had the effect of crystallizing the Mandates System at the point which it had reached in 1946.""1 23. The evidently unsuccessful application by Mr. Kozonguizi for a passport after he had been granted a hearing by the Fourth Committee at the twelfth session led to publicity being given in the South African Press to the conditions under which a "Native" might secure a passport. According to a report12 relating to this particular application, a "Native" may be issued a passport by the Secretary of the Interior following an investigation into the character of the applicant and the nature and duration of his visit overseas, and provided that he has made provision for his dependants during his proposed absence. An applicant for a passport is required to deposit £100, to be refunded on his return on the surrender of his passport, in order to provide return fare in case he is repatriated by overseas authorities or to provide for his maintenance if he should become destitute. Certain further requirements, however, are laid down by the Native Affairs Department of the Union Government. It was stated in the same report that this Department would give favourable consideration to "Natives" wishing to travel overseas provided the purpose of their trip fell into three main categories: (a) for study purposes, if the study would be of practical use to the "Native"; (b) for attending conferences of recognized religious denominations; or (c) for the purpose of accompanying their employers. 24. In view of these conditions, it appears to the Committee that the Union Government is not willing to issue a passport to an inhabitant of South West Africa who has been granted a hearing by the United Nations. The Committee wishes again to emphasize the special importance, in the absence of co-operation by the Mandatory Power in ,supplying information about conditions in the Territory, which should be attached to the full exercise of the right of petition in respect of South West Africa. The Committee therefore recommends once more that the General Assembly urge the Mandatory Power to grant petitioners travel documents to enable them to appear before the proper orgafis of the United Nations for hearings, when granted by 11 ICI Reports, 1956, p. 29. 12 Cape Times, Capetown, 3 October 1957. such organs, and to return thereafter to their places of residence. C. EXAMINATION OF PETITIONS AND COMMUNICATIONS 25. The petitions and communications received by the Committee since its fourth session fell into two main categories: petitions and supplementary or related communications concerning conditions in South West Africa; and other communications considered by the Committee as requiring no action by the General Assembly. 26. In accordance with rule XXVI (a) of the Committee's alternate rules of procedure, copies of all communications which the Committee classified as petitions from sources within South West Africa were returned to the petitioners for re-submission through the Union Government, except in the case of petitions from Mr. Jacobus Beukes of the Rehoboth Community. In this case, the Committee decided to maintain the suspension of alternate rule XXVI (a) pending further indications by the petitioner concerning his freedom to submit petitions (see paras. 16 to 17). 1. Petitions and related communications concerning conditions in the Territory 27. The Committee decided at its 88th, 89th and 94th meetings to take the following petitions and related communications into account during its examination of conditions in the Territory and it approved a draft resolution on them which it recommends for adoption by the General Assembly (annex I). (a) Petition dated 24 July 1957 from Mr. Jacobus Beukes, Rehoboth Community (annex II). (b) Petition dated 10 August 1957 from Mr. Jacobus Beukes, Rehoboth Community (annex III). (c) Petition, undated, from Mr. Jacobus Beukes, Rehoboth Community (annex IV). (d) Petition dated 12 October 1957 and related communications from Mr. Johannes Dausab and others, Hoachanas (annex V). (e) Petition dated 27 November 1957 from Chief Hosea Kutako and related memorandum from the Reverend Michael Scott (annex VI). (f) Petition dated 22 July 1958 from the Reverend Michael Scott and related communication dated 29 July 1958 from Chief Hosea Kutako and Messrs. Chr Tziteza, E. Kauraisa, F. Katimo, L. Muriambihu, and L. Kaomba (annex VII). (g) Oral petition by the Reverend Michael Scott at the 94th meeting of the Committee (see annex VIII). (h) Petition dated 13 June 1957 from Nghuwo Jepongo, Ukuanyama Tribal Congress, Ovamboland (annex IX). (i) Petitions dated 3 August 1957 from Mr. Toivo Herman Ja Toivo and eighty other Ovambo, and 22 November 1957 from Mr. S. Shoombe and 100 other Ovambo, and related communications dated 25 June and 29 July 1958 from Messrs. Festus Isaacs, Toivo H. Ja Toivo and D. D. Shoombe (annex X). (j) Petition dated 14 May 1958 from Mr. Mburumba Kerina (Getzen) (annex XI). (k) Petition dated 1 July 1958 from Mr. Mburumba Kerina (Getzen) (annex XII). (1) Petition dated 4 July 1958 from Mr. Mburumba Kerina (Getzen) (annex XIII). 28. With respect to the petition and related communications from Mr. Johannes Dausab and others in the Hoachanas "Native" reserve (see para. 27 (d) above), the Committee noted that the proposed dis-establishment of the reserve and the removal of its inhabitants was brought before the High Court of South West Africa subsequent to the receipt and classification of the letter of 12 October 1957 as a petition. In the circumstances, the Committee decided at its 89th meeting, in the light of rule X of its rules of procedure, to make no observations or recommendations on this particular question until the High Court had given its decision in the matter. The Committee has nevertheless brought to the attention of the General Assembly, in part III of this report, the further information available on this question since the Committee's report to the Assembly at its twelfth session and has considered the other questions raised by the petitioners during the course of its examination of conditions in the Territory. 29. The Committee considered at its 88th, 89th, 94th and 96th meetings a petition dated 17 October 1957 from Mrs. Kdithe von L6benfelder concerning the return of her son to South West Africa (annex XIV). At its 96th meeting, it decided to request the Union Government to give due consideration to the case raised by the petioner. 2. Other communications relating to South West Africa 30. In addition to the petitions and related communications referred to above, the Committee received a number of communications which it considered required no further action by the General Assembly. The Committee dealt with these communications in the manner described below. (1) Communications from the Reverend Michael Scott: (a) Letter dated 6 August 1957 (annex XV); (b) Letter dated 10 August 1957 (annex XVI); (c) Letter dated 14 January 1958 (annex XVII). The Committee decided at its 88th meeting to inform Mr. Scott that no further action was thought necessary on the first two letters listed above, by which he requested a hearing before the Committee, since he had subsequently made a statement in the Fourth Committee during the twelfth session of the General Assembly. The Committee decided at its 89th meeting to consider a memorandum from Mr. Scott relating to the transfer of land in the "Native" reserve, submitted as an enclosure to the third letter, together with the petition dated 27 November 1957 from Chief Hosea Kutako (see para. 27 (e) above). (2) Communications from Chief Hosea Kutako (a) Letter dated 25 July 1957 (annex XVIII); (b) Letter dated 9 September 1957 (annex XIX); (c) Letter lated 4 August 1958 (annex XX). The Committee decided at its 88th meeting to inform Chief Kutako that it had taken note of the first letter referred to above, which appeared intended for the information of the Committee. With regard to the second letter, authorizing the Reverend Michael Scott to speak in the United Nations on behalf of the Hereros, the Committee decided at its 88th meeting to inform Chief Kutako that Mr. Scott had been granted a hearing by the Fourth Committee during the twelfth session of the General Assembly.

The Committee also decided, at its 94th meeting, to take note of the third letter referred to above which recognizes Mr. Mburumba Kerina (Getzen) as a spokesman for the Hereros before the United Nations. (3) Communication dated 3 December 1957 from Mr. Jacobus Beukes, Rehoboth Community (annex XXI) The Committee decided at its 89th meeting to inform Mr. Beukes that it had taken note of this letter, together with its enclosures, and to advise him that the question of the status of the Rehoboth Community had been previously considered by the Committee and the General Assembly. (4) Communication dated 26 May 1958 from Mr. George M. Houser, American Committee on Africa, enclosing a petition from the Ovamboland People's Congress to Her Majesty Queen Elizabeth II (annex XXII) The Committee decided at its 89th meeting to inform Mr. Houser that it had taken note of the above-mentioned enclosure, which appeared to be intended only for the information of the Committee.

PART II REPORT OF THE COMMITTEE ON SOUTH WEST AFRICA ON THE QUESTION OF SECURING FROM THE INTERNATIONAL COURT OF JUSTICE ADVISORY OPINIONS IN REGARD TO THE ADMINISTRATION OF SOUTH WEST AFRICA 1. SCOPE OF THE STUDY 31. The scope of the present study is determined by General Assembly resolution 1142 B (XII) of 25 October 1957 concerning 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. In this resolution the General Assembly referred, first, to the fact that in its last report on conditions in the Territory, the Committee on South West Africa had observed that existing conditions and the trend of the administration represented a situation contrary to the Mandates System, 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;13 and, secondly, to the fact that in its special report on the legal action question the Committee had referred, inter alia, to the possibility of questions being put to the International Court for its advisory opinion as to whether specific acts of the Mandatory State were in conformity with the obligations assumed by it.14 32. In the light of these facts, the General Assembly 13 A/3626, annex I, para. 161. 14 Official Records of the General Assembly, Twelfth Session, Supplement No. 12A (A/3625), para. 18. requested the Committee on South West Africa to consider further the question of securing from the International Court advisory opinions in regard to the administration of the Territory, and to make recommendations in its next report concerning acts of the administration on which a reference to the Court might usefully be made as to their compatibility or otherwise with Article 22 of the Covenant of the League of Nations, the Mandate for South West Africa and the Charter of the United Nations. 33. The terms of the operative part of the resolution, as set out in the preceding paragraph, suggest that the question may appropriately be dealt with, in the first instance, in terms of the legal basis of requests for advisory opinions and of the specific matters relating to the administration of South West Africa which could, on such a basis, be referred to the International Court; and, in the second instance, in terms of a broader framework within which the resolution suggests that the use of the advisory procedure, in principle, requires further study and that the usefulness of referring given questions to the Court must be taken into account. 34. The present study deals with the question along these two main lines. II. GENERAL LEGAL BASIS AND RELEVANT ACTS OF ADMINISTRATION 35. The possibility from the legal point of view of the General Assembly or other authorized organs of the United Nations seeking from the International Court advisory opinions on questions relating to the administration of the Territory was, as the General Assembly's resolution itself points out, referred to in the special report dealing with legal action of all kinds which the Committee on South West Africa submitted to the Assembly at its twelfth session. It may be useful to recall that, in that report, the Committee necessarily distinguished recourse to advisory opinions of the Court from other forms of legal action open to organs of the United Nations or to Members of the United Nations or former Members of the League of Nations, pointing out in particular that the organs might not be parties to nor institute proceedings of a contentious character in which binding judgements could be rendered.'5 The Committee's general view on the matter of advisory opinions was that organs of the United Nations were entitled to request advisory opinions of the Court in accordance with Article 96 of the Charter; although an advisory opinion was not binding, per se, on any Member of the United Nations, it might be a factor in influencing a 15 A/3625, para. 17. State to fulfil its obligations as defined in the advisory opinion. 36. The Committee then pointed out that such legal questions could relate not only to aspects of the supervision procedure such as those put to the Court in 1954 and 1955 (voting procedure and admissibility of hearings of petitioners) but that questions might also be put as to whether specific acts of the Mandatory State were in conformity with the obligations assumed by it under the Mandate, including, for example, whether the status of the Territory had been modified in a manner or to a degree incompatible with the obligations of the Mandate. The Committee suggested further that if an advisory opinion were requested regarding, for example, the status of the Territory or the relationship between clauses of the Mandate and acts of administration of the Territory, there would be the advantage that the Court, in reaching its opinion, would proceed by impartial judicial methods and on the basis of evidence produced to and weighed by the Court.'6 37. The power of the Court to give advisory opinions is a permissive one. However, a general purpose of an advisory opinion is to assist an organ of the United 16 A/3625, paras. 18, 19.

Nations in carrying out its functions-functions which are in the present case of a supervisory character. In any particular case, the Court itself would determine whether the information made available to it was sufficient for its purpose in the event that the Union of South Africa did not co-operate in the proceedings. 38. Questions submitted to the Court must be legal questions. It would appear that the relationship between specific acts of administration, one or more series of acts, or even a trend of administration, and the obligations contained in an international instrument such as the Mandate can be raised in the form of legal questions which can properly be submitted to the Court. 39. The question may now be considered as to what actual cases relating to South West Africa--or, in the terms of the General Assembly's resolution, what acts of the administration-are from a technical point of view susceptible of forming the subject of requests for advisory opinions. An immediate guide exists in the form of the results of the examination by the Committee on South West Africa during the past several years of conditions in the Territory and of the legislative and administrative acts applying thereto, and, in particular, the general and specific conclusions reached upon them by the Committee and endorsed by the General Assembly. The Committee's successive reports can provide a compilation of acts of the administration on which either legal doubts have been expressly stated or the conclusion or suggestion has been put forward that they are inconsistent with or questionable under the Mandate or the Charter. Without suggesting that the compilation is exhaustive, the Committee considers that these acts serve to indicate the subjects of questions on which advisory opinions could be sought. They appear to fall into two main categories: those relating to the international status of the Territory, and those relating to the moral and material well-being and social progress of the inhabitants. (a) Acts relating to the international status of the Territory (i) Representation of the Territory in the Union Parliament (A/2666, annex V, para. 30; A/2913, annex II, para. 33; A/3151, annex II, para. 21). (ii) The degree and nature of integration of the Territory with the Union, including the progressive integration of services (A/3626, annex I, para. 16). In referring to these matters, the Committee in its last report to the General Assembly considered them in the light of the policies applied in administering the Territory and in conjunction with statements either of intention or interpretation made by persons in official positions (A/3626, annex I, para. 16). With those matters might also be considered, in connexion with their effect on the status of the Territory: (iii) The administrative separation of the Eastern Caprivi Zipfel from the rest of the Territory and its administration as an integral part of the Union (A/2666, annex V, para. 19; A/2913, annex II, para. 23). (iv) The vesting of South West Africa Native Reserve Land in the South African Native Trust (A/2913, annex II, para. 83; A/3151, annex II, para. 39). (b) Acts relating to the moral and material well-being and social Progress of the inhabitants of the Territory (i) Application of the practice of apartheid, or racial separation (A/3626, annex I, para. 37). (ii) Application of racially discriminatory legisla- tion in the political, economic, social and educational fields (A/2666, annex V, A/2913, annex II; A/3151, annex II; A/3626, annex I), (iii) Application of restrictions on freedom of movement and vagrancy legislation (A/2666, annex V, para. 108; A/2913, annex II, para. 152; A/3151, annex II, para. 120; A/3626, annex I, para 128). (iv) Allocation and alienation of land (A/3626, annex I, paras. 88, 158). (v) Legislation providing for the expulsion from the Territory of persons under the protection of the Mandates System (A/3151, annex II, para. 145). 40. A question of importance to be considered if it were contemplated that matters such as these should give rise to requests for advisory opinions is that of the wider context within which they have been examined and appraised by the Committee on South West Africa. It is to be noted that in its last report to the General Assembly, in particular, the Committee established such a wider context. It expressed the view-with which the Assembly in effect concurred in resolution 1140 (XII) approving the Committee's report, and which it mentioned in resolution 1142 B (XII)-that "existing conditions in the Territory and the trend of the administration represent a situation contrary to the Mandates System, 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" (A/3626, annex I, para. 161). In the same section of its report, it reiterated by implication its view that "the course of the administration of the Territory" was not in conformity with the Mandates'System (para. 162). Similarly, in discussing the effects of economic measures, it stated that it was convinced that a change in the fundamental policy of the Mandatory Power in the Territory "is essential if the obligations under the Mandate are to be fulfilled" (para. 93) ; and in the social field it recognized that, in matters such as restrictions on the movement of the indigenous people, "the regulations of the lives of the 'Native' inhabitants of South West Africa is an inherent part of the whole policy of the Mandatory Power in the administration of the Territory" (para. 128). 41. In these circumstances, the General Assembly, if it contemplated the formulation of a request for an advisory opinion or opinions, might find it desirable to consider whether the majority of the individual acts of the administration which have been listed above should not be treated as subsidiary parts of a general question to be asked regarding the fundamental policy of the Mandatory Power. A general question on the fundamental policy might also refer to the two aspects suggested by the two main categories into which the acts listed above have fallen-namely, that of the status of the Territory and that of the material and moral well-being and social progress of the inhabitants; the subsidiary parts of the question might then refer to some or all of the acts listed. It might be thought that by this method the proper" context could be determined in which the specific acts of the administration should be considered by the Court. While some of the acts set out above-for example, the question of the South African Native Trust-might be considered as the subjects of separate requests to the Court, the manner in which the Committee on South West Africa has appraised them suggests that the majority of the acts might be referred to the Court, if at all, in the context of the general policy of the Mandatory Power. M. CONSIDERATION OF PRINCIPLE 42. The second major consideration guiding the present study is the question of principle, on which General Assembly resolution 1142 B (XII) leaves scope for discussion. The resolution asks the Committee on South West Africa to make recommendations concerning acts of the administration not merely on which a reference could technically be made to the Court-in which case it might submit the foregoing list of acts in the form of recommendations-but on which a reference might "usefully" be made to the Court. Moreover, the fact that the Committee is requested in general terms, in the opening part of the operative paragraph, to "consider further" the question of securing advisory opinions appears also to leave the matter open for further consideration as to the principle involved. 43. The Committee does not feel in a position itself to determine questions of principle. Nevertheless, it feels bound to draw these questions to the attention of the General Assembly. 44. There appear to be two main aspects which need to be given consideration. The first relates to the authority of the General Assembly and especially to its supervisory authority in respect of South West Africa. The Assembly may wish to consider whether it can be regarded as useful to refer to the International Court for further review matters on which the judgement of the Assembly has already been exercised, and, moreover, exercised under an authority which the Court, in the advisory opinions already given on questions of supervision, has recognized as belonging to the Assembly. 45. The second main aspect of the problem involves consideration by the General Assembly whether it would wish to embark upon the advisory opinion procedure concurrently with the other and different courses of action which it is following towards a solution of the problem.

PART III REPORT AND OBSERVATIONS OF THE COMMITTEE ON SOUTH WEST AFRICA REGARDING CONDITIONS IN THE TERRITORY I. GENERAL A. STATUS OF THE TERRITORY 46. The status of South West Africa in international law is that of a Territory under Mandate. This status was confirmed by the International Court of Justice in its advisory opinion of 11 July 1950, an opinion which was accepted by the General Assembly. The Mandate, as confirmed and defined by the Council of the League of Nations on 17 December 1920, provides in article 2 that the Union of South Africa as the Mandatory shall have full power of administration and legislation over the Territory subject to the Mandate as an integral portion of the Union, and may apply the laws of the Union to the Territory, subject to such local modifications as circumstances may require; and that the Mandatory shall promote to the utmost the material and moral well-being and the social progress of the inhabitants. 47. The integration of the Territory with the Union of South Africa has, however, been carried out to such an extent as to have led the Committee to express the belief in its previous reports that this integration may have exceeded the limits imposed by the provisions of the Mandate. Integration has been effected not only on the administrative level, where it has, moreover, been extended since 1955 by the transfer of the administration of "Native" affairs to the Union; and not only on the legislative level, where Union legislation not always compatible, in the Committee's opinion, with the material and moral wellbeing of the majority of the inhabitants has been applied to the Territory; but also on the political level, where the Territory has been given representation since 1949 (exclusively through its "European" community) in the Parliament of the Union. Considering these measures in the light of statements made by officials of the Mandatory regarding the status of the Territory, the Committee concluded in its last report that the Mandatory had failed, and was continuing to fail, to pay due regard to the international status of South West Africa. It concluded, furthermore, that without the consent of the United Nations and without a proper consultation of the population as a whole under conditions agreed upon with the United Nations, the Mandatory Power was carrying out a unilateral process of incorporation of the Territory into the Union of South Africa. 48. The information now at the disposal of the Committee shows that the same measures of integration are still in effect and petitioners have complained that the application of these measures is even more extensive. The Committee therefore maintains its previous conclusions. 49. In its previous report to the General Assembly the Committee drew attention to the statements made by 'the Prime Minister and other officials of the Union Government bearing upon the status of the Territory and its relationship to the Union of South Africa. The Committee wishes to inform the General Assembly of further statements made in the Union Senate in May 1957 by the Prime Minister, which indicated no change up to that time in the position previously adopted by the Government. The Prime Minister stated: ... With the disappearance of the League of Nations, there is no organization which has any say over South West Africa, except the Union of South Africa; that we do not therefore recognize U.N.O.'s claim that it is entitled to intervene in the affairs of South West Africa, and that not only are we not prepared to place South West Africa under the trusteeship of U.N.O. but that for the same reason we are not prepared either to submit annual reports to U.N.O., as we did to the old League of Nations."17 50. Replying to a member of the Opposition, the Prime Minister further stated: ". Although we adopt the standpoint which his former leader, General Smuts, adopted that the Mandate no longer exists, the Mandate itself laid down to the old League of Nations that the Union had the right to govern South West Africa as an integral part of the Union. We can, for example, make all our laws of application to it and govern it simply as a-part of the Union and then the Hon. Senator ... if he so prefers can still adopt the standpoint that it is not incorporated."' 51. Attention may also be drawn to the positions, as reported in the Press, of the two "European" political parties in the Territory with regard to the status of the Territory and its relationship with the Union of South Africa. Early in 1958, the Nationalist Party, which continued to claim that the Mandate had lapsed and to favour the closer association of the Territory with the Union, also gave its support to the establishment in the Union and South West Africa of a republic under one flag. The Opposition party, on the other hand, favoured the termination of the Mandate and a federation of the Territory with the Union of South Africa.19 The "Native" population has no voice in the political institutions of the Territory, and no political organization through which it might express its own views on these matters. However, in all of the petitions and communications received by the Committee from the "Natives" which have dealt with the question of the status of the Territory, the "Native" people have expressed the desire that the Territory should be placed under United Nations trusteeship.20 17 Senate Debates, 1957, col. 5237-8. 18 Senate Debates, 1957, col. 5534. 19 The Windhoek Advertiser, 23 and 30 May 1958. 20 For the most recent of these petitions and communications, see annexes V, VII, IX and X.

B. POPULATION OF SOUTH WEST AFRICA 52. As of mid-year 1958, the population of the Territory was officially estimated as 539,000 inhabitants, including 452,000 "Natives", 66,000 "Europeans", and 21,000 "Coloured" persons. At the time of the 1951 census in the Territory, the total population, according to revised census figures, numbered 434,081, of whom 366,885 were "Natives", 49,930 were "Europeans", 17,262 were "Coloured" persons and four were "Asians".2' 53. One of the repercussions of the system of administration in the Territory, and particularly the intensification of racial separation measures since 1955, involving a more severe control of the "Native" population, has been that some groups of the "Non-European" population have asked to be recognized as "Coloured" persons. Except in the Rehoboth Community, where they have a status closer to that of "Europeans", "Coloured" persons have been regarded as "Natives" under the laws, since, in the absence of other "Coloured" areas, they have lived in urban areas or elsewhere in the special areas set aside for "Natives". 54. In 1957, the "Coloured" Teachers Association, at its annual congress in Rehoboth, asked that all "Coloured" persons outside the Rehoboth Community be given recognition under the law as "Coloured" per21 A/AC.73/L.12, paras. 10-12. It will be noted that throughout the text, the Committee has used such terms as "European", "Non-European", "Coloured" person and "Native" in quotation marks. As explained in its previous reports, it has used these terms only because they are employed in the laws and other texts of the Mandatory Power and the territorial Administration as a means of distinguishing various sections of the population, and represent differences in the legal as well as in the economic and social status of the inhabitants. sons.22 Another group, the Nama, or Hottentot, people of the Hoachanas Native Reserve have complained that the Union Government officials have tried to persuade them to call themselves "Bantu" although they are a light-skinned people.23 It should be explained that the term "Bantu" and "Native" are used synonymously by the Union Government in referring to "Natives" in South West Africa although there are several groups of "Natives" in the Territory, including the Nama, who are not among the many Bantu-speaking peoples of Africa. According to Mr. J. Neser, Chief Native Commissioner of the Territory until 1955, the Nama, though classed as "Coloured" in the Union, are classed as "Natives" in South West Africa.24 The Namas of Hoachanas ask why they are not given the same privileges accorded to the Rehoboth "Coloured" persons, and point out that they have, in fact, been treated as "Coloured" people on the occasions when they have been in the Union. They explain to the United Nations, however, that they are not of the opinion that a certain colour is inferior, but question the justice of the Mandatory's "colour bar policy". 55. The Committee reiterates its view that the distinctions of terminology used by the Mandatory Power to distinguish various sections of the population of the Territory reflect discriminatory policies inconsistent with both the spirit of the Mandate and with the principles of the Universal Declaration of Human Rights, and recommends to the Mandatory that it redirect its policy with a view to according fundamental human rights to all inhabitants of the Territory. 22 The Windhoek Advertiser, 2 July 1957. 23 See annex V. 24 La Revue Frangaise, December 1956. 11. POLITICAL CONDITIONS A. GENERAL 56. During the period under review, there have been no significant changes in the distribution of administrative, legislative and judicial authority between the Territory and the Union of South Africa described by the Committee in its previous reports.28 However, there has been a suggestion on the part of the Nationalist Party, the "European" majority party in the Territory, for the addition of the judiciary to the list of integrated services. When a member from South West Africa pressed the matter in the Union House of Assembly in May 1957, he was informed by the Union Minister of Justice that the territorial Administration must take the initiative and that it had not yet requested such a measure.26 57. Legislative authority over the Territory continued to be vested in the Union Parliament, the territorial Legislative Assembly, the Governor-General of the Union, the Administrator of the Territory, and the Union Minister of Native Affairs. Administrative authority remained vested variously in the territorial Executive Committee elected by the Legislative Assembly, on which the Administrator serves as Chairman, in the Governor-General, the Union Minister of Native Affairs, the Administrator, and other agents of the Union Government. 58. The -principal developments in the political field 25 See A/3626, annex I; A/3151, annex II; A/2913, annex II. 26 Hansard, 1957, cols. 5853-55. during 1957 and the early part of 1958 were the general elections held in the Territory among the "European" voters and the further extension of measures of apartheid, or racial separation. B. GENERAL ELECTIONS AND REPRESENTATIONS IN LEGISLATIVE BODIES 59. On 16 April 1958, the "European" voters, who alone enjoy the franchise, went to the polls to elect the six members from the Territory in the Union House of Assembly and two members to fill vacancies in the eighteen-member Legislative Assembly of the Territory. According to the report of the Government delimitation commission7 for the Territory, there were 29,608 registered voters on 30 September 1957 compared with 20,508 voters at the time of the previous delimitation in 1949, an increase of over 44 per cent during the period. The increase was attributed to the growth of the three principal centres of commerce and industry in the Territory-Windhoek, Walvis Bay28 and Tsumeb. The number of registered voters had further increased to 31,247 by 16 April 1958. 60. In the general election to the Union Parliament, Nationalist Party candidates received 16,390 votes, 27 Published in South West Africa Gazette No. 2127. 28 Walvis Bay, though an integral part of South Africa, is administered as part of South West Africa and the "Europeans" in the area participate in the election of the members of the Legislative Assembly and of the representatives from the Territory in the Union Parliament. while United National South West Party candidates received 11,568 votes.29 For the purposes of the election the Territory was divided into six constituencies, in each of which the result of the election depended on the voting within that constituency. In all cases, the candidates of the Nationalist Party obtained a majority and the party accordingly won all six seats. 61. Nationalist Party candidates also won the two seats in the territorial Legislative Assembly: the first in the Warmbad District, in the southern portion of the Territory, by 686 votes to 547, and the second in the Grootfontein District, in the north-eastern portion of the Territory, by 1,217 votes to 609.30 The Government Party thus retained its majority of sixteen seats in the Legislative Assembly, the remaining two seats being held by the Opposition. 62. As in previous elections in the Territory, importance was attached by both parties to the vote of the German-speaking section of the population, which has been regarded as capable of holding the balance of political power. Three weeks before the elections, the Legislative Assembly passed a resolution granting the German-speaking population the language rights which they had enjoyed before the outbreak of the Second World War. The Opposition members, while not opposing the action, unsuccessfully sought to postpone its consideration until after the elections. The Nationalist member introducing the resolution was reported as saying that the matter affected "the emotions of some 25 per cent of the population of the Territory".31 It may be added that, immediately after the elections, the Legislative Assembly passed an ordinance providing for pensions and allowances for "European" veterans of the German army who had served in wars in the Territory prior to 1920.32 It was estimated that by this measure approximately 270 persons who had fought against the Union of South Africa would receive from the territorial budget the sum of £46,000 per year.33 63. As previously reported by the Committee, all "Non-Europeans" in the Territory are prohibited by law from voting in the territorial elections. They are also prohibited from being candidates for election, since membership in both the Union Parliament and the Legislative Assembly is restricted by law to "Europeans". The Committee has received petitions from "Natives" who have complained that they have no voice in the Government.34 The Herero Chief Hosea Kutako has described the Territory as "a country where no other races are allowed to rule except Europeans or people with white skins. All Europeans belong to a privileged group; they have the vote, they rule the country, they oppress the non-Europeans and they are free to go to the United Nations. The indigenous population does not have all these privileges." Representatives of the have complained that NonEuropeans "have totally no representation, equal or unequal in the government" and that Europeans in the Territory had monopolized "all the elements of superiority". They question why, if the "European" could be represented by "Europeans", it should be impossible for the "Non-European" to represent his con29 Union Gazette No. 6054. 30 The Windhoek Advertiser, 18 April 1958. 31 Ibid., 28 March 1958. 32 Ordinance No. 31 of 1958; South West Africa Gazette No. 2153. 83 The Windhoek Advertiser, 28 March 1958. 34 See annexes V and XVIII. stituents and, further, how a "European" sent, to the governing bodies by "European" votes could represent "Non-Europeans" who had not sent him there. Since the Nama people had no voice in the government, nor even a country which they could call their own, they pleaded with the United Nations to secure peace, justice and security for all of the peoples of South West Africa. In addition, the 1958 annual congress of the South West Africa Coloured Teachers Association asked the Administration for direct or indirect representation of the "Coloured" people of the Territory in the Legislative Assembly.35 64. The Committee reiterates its recommendation that the Mandatory Power take steps to transform the territorial legislature into a properly representative body by extending representation to all inhabitants of the Territory, as a first step toward the transfer of responsibility for the administration to fully representative institutions proper to the Territory. The Committee emphasizes that the arbitrary exclusion of all persons other than "Europeans" from the right to vote deprives the Territory, among ather things, of a forum for the effective discussion of the affairs and interests of the population as a whole. C. ADMINISTRATIVE POLICY AND METHODS; APPLICATION OF APARTHEID 65. The Committee has shown in its earlier reports that, although the administration of the Territory had previously been characterised by the separate' treatment of the different racial components of the population, the adaptatioA of this situation to the policy of apartheid-the conception of the separate development of the races as a permanent feature of the structure of society--dates particularly from the transfer of "Native" administration from the territorial authorities to the Government of the Union of South Africa in 1955. From some points of view the .adaptation has not required any fundamental change in administrative policy; the Committee observed in its last report, for example, that South West Africa had been described by one of its representatives in the Union Parliament as the only country in the world where apartheid has been exercised in an increasing degree for fifty years.38 But from other points of view it has led to the imposition of even more formidable barriers between the races, mostly by way of restrictions on the "Non-Europeans", than previously. 66. The Committee must report with regret that this trend has continued during 1957 and the early part of 1958. As will be shown below, apartheid has been de, picted by the Administration as offering the "NonEuropean" communities the opportunity for bettering themselves and for "co-existing" peacefully with the "European" population. In actual fact, however, its application has tended to reduce the status of the peoples concerned by further restricting their freedom and by depriving them arbitrarily of their already limited opportunities for advancement within the economic and social structure of the Territory. Such results have occurred in many walks of life. As an example, the licences of two "Coloured" cartage contractors, Mr. Titus Streidwolf and Mr. Cleofas Heigan of Grootfontein, were restricted in 1958 in such-a way that they could work only for other "Non-Europeans", 35 See The Windhoek Advertiser, 24 June 1958. 36 See A/3626, annex I, para. 34. and they were, as a result, reported to be having difficulty in earning their livelihood. Before the restrictions were imposed, they had undertaken all types of transport, including the transport of "Native" labourers recruited from the northern areas of the Territory by the "European" labour recruiting organization the South West Africa Native Labour Association (SWANLA) for work in the Police Zone.57 As another example, the extension of the Union Nursing Act, 1957, to the Territory has applied "the Union Government's traditional policy of apartheid" to the nursing and midwifery professions.38 The new legislation prohibits the appointment or election of "non-White" persons to the Nursing Council, the statutory body to which the control of the nursing and midwifery professions of the Union and the Territory is entrusted, and prohibits "nonWhite" persons from serving as members of the Board of the Nursing Association, the body entrusted with protecting the interests of nurses and midwives. The new law provides for the establishment of separate boards for "Coloured" and "Native" persons to serve only in an advisory capacity to the "European" bodies. Until 1957, all registered nurses and midwives, irrespective of race, were eligible to serve on the Nursing Council and the Board of the Nursing Association. Among other measures, the law also provides that a fine of up to £200 may be imposed on any person who, except in emergencies, permits a "White" nurse or midwife or a "White" student nurse or midwife to be employed, under the control or supervision of a "nonWhite" person.89 67. By far the most disturbing developments are those involving the increasing displacement of peoples. One aspect of this is that the Government has been considering the removal of smaller "Native" reserves which are locally referred to as "black spots" in "white areas".4" As reported by the Committee to the General Assembly at its twelfth session, one such reserve, the Aukeigas "Native" reserve, has already been abolished and its inhabitants removed to an inferior area bordering a larger "Native" reserve.41 Another, the Hoachanas "Native" reserve, was scheduled for abolition, and its population ordered to vacate by noon on 31 December 1956. Subsequent developments relating to Hoachanas are outlined below in connexion with land allocation and alienation. 68. In the Police Zone, "Non-Europeans" must be removed to new sites far enough away from the "European"-inhabited areas to permit the expansion of separate racial group areas with permanent "buffer zones" of 500 yards on which no development is permissible, and so situated that "Non-Europeans" can go to work in the urban area without passing through "European" residential areas, pursuant to the special requirements laid down by the Union Minister of Native Affairs.42 In several urban areas, the construction of houses in the specially selected sites has begun, in preparation for the relocation of the "Non-European" populations in the particular areas. 69. For example, in Windhoek, the capital of the Territory, with an official estimated population of 15,100 3T The Windhoek Advertiser, 9 May 1958; see also annex XII. 88 The legislation was thus described by the Union Minister of Health (Union House of Assembly Debates, 11 June 1957, col. 7829). 39 A/AC.73/L.12, paras. 91-95. 40 See A/AC.73/L.10, para. 88. 41 See A/3626, annex I, paras. 72-75. 42 See A/3626, annex I, para. 31. "Europeans", 12,600 "Natives" and 1,400 "Coloured" persons as of mid-year 1958,43 it was anticipated that the first mass removal of "Natives" would take place by the end of 1958 to a new site and new housing, situated in the north- western areas under the control of the Windhoek Municipality, where "Natives" are to be distributed in separate ethnic groups in accordance, as stated in the Press, with the requirements of the apartheid programme. A separate "Coloured" township, requested by the "Coloured" residents of Windhoek, is to be established eventually on a site which is unofficially reported to have met with the approval of the Union Minister of Native Affairs and which will not interfere with the future expansion of Windhoek." "Natives" will be permitted to own or rent houses in the new "Native" location but will be unable to purchase the land, since, as stated by the Union Minister of Native Affairs, "locations form part of the White area.... The Native living there is living on the local authority's property".45 "Coloured" persons, on the other hand, will be allowed also to buy land in the proposed Windhoek "Coloured" township, pursuant to a decision taken by the Windhoek Town Council, by a vote of five to one, in June 1958; it was stated that the policy of land ownership by "Coloured" persons had previously been approved by the Administration and that it conformed with the policy of the Union Government.46 70. The Committee, in its previous report to the General Assembly, drew attention to the extension of apartheid measures to the Rehoboth Community, a "Coloured" community whose local administrative, judicial and law-making powers, recognized under an agreement of 1923 between the Community and the Union Government, have been vested since 1924 in the Rehoboth District Magistrate. In addition to the "Coloured" residents, "Europeans" and "Natives" also lived in the area. The Committee had informed the General Assembly of a decision by the Administrator-in-Executive Committee to order the removal of "Europeans" from the Community, and of a petition from Mr. Jacobus Beukes alleging that the "Native" inhabitants of the Community were also to be transferred.47 71. The Committee has now received a further petition from the same source together with an official notice from the Magistrate of a decision taken on 21 May 1957 by the elected Advisory Board of the Rehoboth Community, ordering that the "Native" settlement must be moved before the end of July 1958 to the "west bank of the Rehoboth River", that the Village Council must be consulted to obtain a site before any building could be erected on the new site, and that the "Native" inhabitants "must themselves bear the cost of the removal". The notice also indicated that a new cemetery would be laid out at the new area. The petitioner claims that about 600 "Natives" were thus being forced to vacate and also obliged, at their own expense, to move their huts, numbering about 150.48 72. The movement of "Native" inhabitants from one place to another, for this or any other purpose, has been described, however, as "a completely normal procedure"49 by the Union Minister of Native Affairs, who 43 A/AC.73/L.12, para. 13. 44 The Windhoek Advertiser, 2 May 1958. 45 See A/AC.73/L.12, para. 83. 46 The Windhoek Advertiser, 27 June 1958. 47 See A/3626, annex I, paras. 33, 82-87. 4s Annex II. 49 Union Senate Debates, 12 June 1957, col. 5349. is responsible for the administration of "Natives" in the Rehoboth Community, as in other areas of South West Africa. Speaking in the Union Senate on 12 June 1957 during a debate on his policy, the Minister stated: "One must not look at this procedure from the point of view of the European but from the point of view of the Native who is used to the tradition, and who has held over something besides, to move from time to time from one place of residence to another one. For that reason a hut is built which is not too permanent and which has to be rebuilt after a time. The same type of trek and the building of the huts takes place voluntarily during the trek between farms and we all know how, when a Native who has been a farm labourer on a certain farm and has built a good hut for himself there, goes to another place, he takes with him the roof, the straw which he has or the zinc sheets and the doors and the windows, and then he leaves. He usually leaves in the morning early. On the previous evening he breaks up his hut. At the new spot he then immediately erects a temporary shelter for himself within a few hours and then he begins to build his new house. The same thing happens usually with all removals."50 73. The Committee notes with interest in this connexion that the judiciary of the Territory has examined, on its individual merits, a case concerning the rights of a "Native" to live in the Rehoboth Community. In this case the District Magistrate found a "Native" born in the Rehoboth Community in 1930 guilty of wrongfully and unlawfully residing within the boundaries of the community without the written consent of the Raad (the former local council whose powers and authority have been vested since 1924 in the District Magistrate himself) and sentenced him to a fine of £10 or imprisonment with compulsory labour for one month. The relevant law was the agreement of 1923 between the Rehoboth Community and the Union Government, which provided, in section 15, that no person other than a lawful resident of the Community on 1 October 1923 could be permitted to reside there save with the written consent of the Raad. The conviction by the District Magistrate further rendered the "Native" liable to expulsion from the Community on the instructions of the Administrator. The District Magistrate, however, then submitted the case to the High Court of South West Africa for review, indicating that his doubt arose from the fact that the agreement did not define a "lawful resident", and if the "Native" was a lawful resident in the Community then he could not be found guilty. The only ground, according to the Magistrate, on which the "Native" could claim to be lawfully resident in the area was that he was the child of lawful residents and that he had been born in and had never left the area. 74. The High Court, in a decision on 5 December 1957, set aside the conviction and sentence. In doing so it had recourse to principles of much more universal acceptance, in the Committee's opinion, than those upon which the authorities have ordered the mass removal of the "Natives" from Rehoboth in the interests of apartheid: "In the present case the accused should in the absence of express and unambiguous provisions to the contrary be considered as a lawful resident by virtue not only of the place of his birth, but also his continued and unmolested residence in the Gebiet, and by virtue of his descent. As a father transmits to a SO Ibid. minor son his domicile so, by analogy, should he be taken to transmit to his son his rights of lawful residence. "According to the generally recognized principles of the law of nations a State is entitled to expel at any moment an alien who has been admitted into its territory. The fact that many States have regulated the exercise of this by restrictive enactments in their municipal law, does not alter the principle which is recognized by the civilised States. A corollary to this principle is that a State is by international law not entitled to expel its own nationals.... "The Rehoboth Raad clearly derived the right embodied in see. 15 of the Agreement from the Union Government on whose behalf the Administrator concluded the Agreement. In interpreting the Agreement it is in my opinion important to consider whether the Union Government could have intended to confer upon the Raad rights which would be in conflict with all conceptions of personal liberty and human rights as shown above. I am strongly of the opinion that such a possibility could only be entertained if the intention were expressed in the clearest words."51 75. "Europeans" in the Community who have been leasing lands from the "Coloured" landowners in the area have been notified that they would have to leave the Community, in accordance with the decision taken by the Administrator-in-Executive-Committee "with a view to the apartheid policy".52 By this decision, the principles of apartheid have been permitted to override the mutual advantages, for both the "Coloured" landowners and the "European" farmers concerned, of long-standing arrangements by which the latter leased land for the grazing of their cattle. A Government commission of inquiry had reported in 1951 that the advantages of the leasehold system in the area far outweighed its inherent drawbacks, both for the Burgher (the "Coloured" landowner) and for the "European" tenant. There were then 107 "European" tenants in the Community from whom the Burghers received a rent, calculated on the number of livestock maintained on the leased property, totalling £12,000 to £14,000 per year, part of which was payable in the form of permanent improvements to the property. The development of individual properties had increased the value of the entire area by several thousand pounds, the commission stated, and it could readily be seen that both the Community as a whole and the individual Burgher owners profited enormously from the leasehold system.5 According to the local Press, the number of "Europeans" had increased to 121 by 1958.54 Concern has been expressed at the situation both on behalf of "European" farmers-at least in respect of their future access to grazing-and by the "Coloured" petitioner referred to above, who has complained"S that the expulsion of "Europeans" is aimed against the "Coloured" community, whose local economy he states is very weak. It appears to the Committe that the decision is contrary to the interests of both the "Europeans" and the "Coloured" members of the Community. 51 R. v. Skrywer, South African Law Reports, March 1958, pp. 701-705. 52 South West Africa, Votes and Proceedings of the Legislative Assembly, second session, Seventh Assembly, 1957, pp. 20 and 58. 53 South West Africa, Rehoboth Commission Report, 1951. 54 The Windhoek Advertiser, 28 March 1958. 55 See annex IV.

76. It is the "Natives" of South West Africa who feel most the impact of an administrative policy based on racial separation, since they are numerically by far the largest part of the population and also directly subject, as a result of their administration by the Minister of Native Affairs of the Union of South Africa, to the authority principally responsible for the application of apartheid. The Native Affairs Commission which functions under the Minister felt able to state in its report for the year 1955, covering the few months during which the transfer of administration had been in effect, that the "Natives" of South West Africa had welcomed the transfer with enthusiasm, and that the policy of "Native" administration met their wishes in every respect. After describing a visit to the Windhoek location, to various kraals in Ovamboland in the north, and to the assembled Herero tribe under Chief Hosea Kutako at Okakarara, the Commission gave the following general impressions :56 "The enthusiastic manner in which the Bantu of South West Africa welcomed the taking over of their administration by the Union Government and the spontaneous and hearty co-operation displayed by the tens of thousands of Bantu with whom contact was made during this tour, made a permanent impression on the Commission. It was not only on the occasion of this visit, however, that so much goodwill and so many spontaneous evidences of appreciation from the side of the Bantu were experienced. In fact this was only typical of the good spirit experienced during the year. "The Commission feels convinced that this spirit of co-operation, born inter alia out of personal contact, is a further factual proof that the policy-for the formulation of which it must itself accept joint responsibility in terms of its directive-is good and in accordance with that desired by the Bantu in all respects. "The Commission therefore takes pleasure in testifying from personal experience that the direction given to policy during the last few years is calculated to promote the'separate individual development of the Bantu community and good relations between Europeans and Bantu." 77. From the information available to it, however, the Committee finds considerable evidence that the "Native" inhabitants are opposed to apartheid and to the strict control measures to which they are subjected in the Territory. Almost without exception, the "NonEuropean" petitioners ask for a United Nations commission to go to the Territory to investigate the situation.57 Chief Hosea Kutako of the Hereros describes the Government's policy as one of "divide and rule". He indicates that the "Natives" are not permitted to hold a joint meeting of the different tribes of the Territory although they have common problems; each different tribe must meet separately.58 78. The application of the policy of apartheid in the Territory has also given rise to doubts among the 56 See A/AC.73/L.12, para. 34. 57 Annexes V, VII, X and XXI. 58 Annex VI. "European" section of the population. During the budget debate in the Legislative Assembly in May 1958, the leader of the Opposition, Mr. J. P. Niehaus, sought a definition of the "Native" policy in the Territory on the ground that the Europeans were entitled to know what this policy was. In his view, it would be impossible to implement apartheid in the absence of alternative "European" labour, even though South West Africa was probably the only country where apartheid was practicable. He recalled recent statements which, he said, had been made by the Union Secretary for Native Affairs in Windhoek to the effect that the "Native" must work in the interest of his own development instead of selling his labour cheaply, and by the Secretary of South West Africa to the effect that the farmers of the Territory would have to equip themselves to do without "Native" labour. He asked whether the "Native" policy was to build up the reserves so as to support all the "Natives" rather than to sell their labour to "Europeans" and whether these reserves were to be developed into future independent States or whether they would remain a part of the Territory.9 Although no official answer to these questions is available to the Committee, it has noted an explanation of the objectives of apartheid given in a statement by Mr. J. P. Basson, a member of the Union Parliament from South West Africa. In an address to the South West Africa Coloured Teachers Association in June 1958, he said that while many might disagree with the existing Government policy of separate development and see its disadvantages, such a policy also had its advantages, and he felt that a method of co-existence could be found which would be fair to each racial group. The policy of separate development, he said, opened the door for many new opportunities for the "Coloured" people, who in their own areas or townships would be able to enter the postal service and even become postmasters, rise to higher grades in the railways than was then possible, have their own town councillors and mayors in their own townships, and their own schools with their own teachers and principals.60 79. Taking into account the information presented in its preceding reports, as well as that contained in the subsequent sections of the present report, the Committee has arrived at the following conclusions: The Committee, in examining the continued trend of the administration, maintains its opinion that the administration of South West Africa, in which political, economic, social and educational rights are governed by the practice of apartheid, operates to the detriment of the population, particularly the "Native" majority, and is contrary to the Mandate, the Charter of the United Nations, and the Universal Declaration of Human Rights. The Committee again recommends as a matter of urgency that the Mandatory Power take steps to repeal all racially discriminatory legislation and practices in the Territory and that it take urgent measures to revise the existing policies and practices of "Native" administration in a manner which will ensure the fulfilment of its obligations and responsibilities under the Mandate. 59 The Windhoek Advertiser, 20 May 1958. 60 The Windhoek Advertiser, 20 and 24 June 1958.

II. ECONOMIC CONDITIONS A. GENERAL 80. The general picture of the economy of South West Africa which the Committee has presented in its previous reports remains little changed, according to the information now available to it. The economy, especially when it is looked at through the eyes of the "European" section of the population, can still be described as a buoyant and expanding one which would appear to place the Territory on favourable grounds by comparison with other dependent areas in Africa. An important characteristic of the economy is its improved diversity: the growth of the mining and fishing enterprises, in particular, appears to have been such as to diminish greatly the former dependence on agriculture. The latter is an economic activity not naturally favoured by rainfall and soil fertility, and, indeed, subject to serious damage by periodic drought; and although it represents the productive effort of the numerically largest producing group in the Territory it depends far more than any other on assistance provided from the public funds and the public services. 81. Although there have been signs in recent months of some falling off in mining revenues as a result of the drop in non-ferrous metal prices, they have been countered by expressions of confidence in the long-term future of the industry. The situation does not detract from the fact that, taking the economy as a whole, the value of marketable production is high in relation to the size of the population; the trade situation is regarded as favourable; the existing public debt, owed to the Union of South Africa under liberal terms, is small; and the public revenues are in a buoyant state, under a system of taxation that places a relatively light burden on the taxpayers, and very large financial reserves have been accumulated. 82. Minerals, agricultural and pastoral products, and fish and fish products are the mainstays of the monetary economy. The mining industry, which has taken enormous strides in recent years, overshadows the rest in terms both of profit to itself and contributions to the public funds. But the Territory is also one of the main sources of meat for the Union of South Africa; it produces important quantities of butter and other dairy products for home consumption and export to the Union; its sheep farmers cater mainly to a very lucrative overseas market for karakul pelts used as "persian" lamb or "astrakhan" furs; and fishing on the Atlantic coast has developed in a few years into a major export industry. 83. It will be seen from these facts that the prosperity of the Territory depends heavily on the condition of external markets, whether overseas or in the Union of South Africa. Its dependence on the Union is especially marked in the case of agricultural and livestock products, where the Territory is vulnerable to fluctuating demands and also to the capacity of the Union's railways system. The Committee notes that "European" cattle farmers in the Territory have complained recently, in the local Press and through political representatives in the Legiglative Assembly,61 about the disadvantages of this reliance on the Union. It was stated that, in the Union, cattle export permits were distributed to all applicants, but that in South West Africa they were 61 The Windhoek Advertiser, 1 April and 20 May 1958. restricted in order not to overstock the market in the Union; and the fear was expressed that, with an increase in the degree of integration of the two countries, the Union would regard the Territory as a useful storage depot from which meat supplies would be drawn when the conditions favoured the Union. Another complaint expressed in the "European" community arising from the closeness of the association with the Union was that rigid import controls in the latter country were also applicable to the Territory, contrary to its interests. 84. The export trade of the Territory was running at a rate of well over £30 million a year by 1954, the last year for which complete statistics were available. In that year, diamonds (£12 million), lead ores (£6.7 million), fish products (£2.75 million) and karakul pelts (£3.9 million) were the most important single products. That the export trade has greatly increased since then is suggested by the fact that mineral sales reached over £36 million in 1956 and nearly £31 million in 1957. As from 1 January 1955, however, the previously separate official trade statistics for the Territory have been incorporated without distinction in the statistics for the Union of South Africa. This makes it impossible to follow with any precision the development of the external trade, leaving a serious gap in the information on which the actual and potential internal development of the Territory can be appraised. The Committee reiterates the concern which it expressed in its last two reports at the difficulty placed in the way of its own work by the absence of trade statistics; and it notes that its concern appears to be shared by commercial interests in the Territory. The President of the Windhoek Chamber of Commerce is reported2 to have pointed out recently the impossibility, in the absence of trade figures, of giving a factual picture of business conditions, and to have appealed to the Administration to make import and export statistics available again. 85. According to the opening speech made by the Administrator at the second session of the seventh Legislative Assembly (25 March 1957), the economic position of South West Africa continued to be sound. Mineral production had increased during the preceding year and prospecting and investigational activities were still on the increase. Agriculture also prospered during 1956-1957 due to excellent rainfall in most parts of the Territory and to good and even improved market prices. A year later, the President of the Windhoek Chamber of Commerce felt able to describe the economic position of the country as very sound. He doubted whether apparent setbacks in certain mining activities would have a disastrous effect on the general economy of the country unless a world depression set in.63 As will be shown below, the state of the public finances of the Territory during both 1957 and 1958 appears to support these confident views. Another indication of the expansion of the economy is given in statistics of company registration and finance announced by the Administrator in May 1958.64 During 1957, 106 local companies compared with seventy-three in the previous year were registered. Taking into consideration eight local companies liquidated or struck off the register in 1957, there are 802 local companies with a nominal capital of £17,967,000, as against 704 with a nominal 62 Ibid., 21 March 1958, 63 The Windhoek Advertiser, 21 March 1958. 64 Ibid., 16 May 1958. capital of £16,802,000 in 1956, now registered. One hundred and eight foreign companies with a nominal capital of over £32,000,000, as against 102 with a nominal capital of over £25,000,000 in 1956, are also registered. 86. The Committee feels bound to reiterate that the foregoing impression of the economy of the Territory is essentially that seen from the "Europeans' " point of view. In fact, it is essentially a "European" economy, with the important qualification that it depends to a critical extent on a large and relatively cheap labour force drawn from the "Non-European" population. The industries contributing principally to the present relative prosperity of the Territory are "European" owned and operated enterprises, in which the role of the "Natives" is generally limited to unskilled labour. It is only at this level that the "Non- European" plays any significant part in the economy. This is particularly true of mining and fishing, and true even of the great bulk of the agricultural and pastoral production which finds its way into the export trade, since the majority of the "Europeans" in the Territory are in fact farmers and the major part' by far of the marketed produce comes from their farms. 87. By contrast, the greater part of the "Native" population of the Territory lives in the northern areas outside of the Police Zone and, accordingly, far removed from the main areas of modern economic development. These people live largely by their own customs and traditions and, under generally difficult conditions, by means of subsistence agriculture and the keeping and occasional sale of livestock, as will be described more fully below. Their principal access to the monetary economy has been through the supply of their labour to the mines and "European" farms in the north-eastern, central and south-eastern parts of the Territory. The balance of the "Native" population, living in the Police Zone, is divided between the reserves which, according to the Administration, were set aside for those who can and wish to farm on their own account; the "European" farms, where they work mainly as farm labourers and domestic servants and in some cases are allowed to grow food and graze a certain number of stock; and the towns, again as labourers or minor employees in commerce, industry and European households and, in such places as the urban "Native locations", as petty traders and artisans. 88. The Committee remains deeply concerned at the low level of "Non-European" participation in the otherwise highly-developed, modern exchange economy of the Territory. Conscious not only of the obligations of the Mandatory Power under the Mandate, but also of the importance attached to this matter in other parts of Africa where the United Nations has a particular interest in the economic advancement of African populations, the Committee regrets the conspicuous lack of progress evident in this respect in South West Africa. It finds no cause to modify the conclusion towards which it tended in its last report that the primary function of the "Native" population of the Territory, determined and defined through administrative policy and method, is to supply the labour without which the otherwise essentially "European" economy could not exist at all, and under conditions of cost and regulation without which it could not function as profitably as it does in the present forms. Alternative kinds of "Native" ,economic activity-in particular what would seem to be the natural development of "Native" agricultural and pastoral production in a basically agricultural and pastoral country-are apparently being fostered, as will be shown below, only to a small extent to ensure the subsistence of those who cannot or will not hire themselves out as labourers. Moreover, as the Committee pointed out last year, the types of labour open to the "Natives" are not conducive to their further advancement. By its very nature, the farm and household labour into which most of them are brought does not offer either opportunity for the development of skills or a means of accruing capital in useful amounts. In the mining industry, where the development of technical skills is normally feasible, the "Native" worker is prevented by law from advancing beyond a level little better than that of unskilled labour. 89. The Committee continues to believe that much more could and should be done under the authority of the Mandatory Power to advance the position of the "Native" as a producer and to give him the opportunity and assistance to acquire capital and skill and play a progressively more important part in the expanding economy of the Territory. It remains convinced that the present situation cannot survive the inevitable growth of the aspiration of the "Native" peoples for the better life and the greater dignity which they can achieve only by securing a greater share in the economy of the Territory. The Committee wishes to emphasize that the Union Government, as the Mandatory, has an obligation to promote the material welfare of the "Native" population, and accordingly to provide them with increasing opportunities to realize their capabilities. A planned and positive programme for the economic development of the "Natives" would require a great deal in the way of financial and human resources, and a larger share in the expenditures from public funds. The initiation of such a programme, however, would, in the opinion of the Committee, lead inevitably to the increased future productivity and prosperity of the Territory, and without any doubt to its future political stability as well. 90. The Committee accordingly reiterates its previous recommendation to the Mandatory Power that it undertake a planned programme of economic development designed primarily to secure for the "Native" inhabitants possibilities for greater participation in the economy of the Territory. It urges the Mandatory Power to undertake measures to help the "Natives" to expand their production and marketing of dairy products and cattle; to improve and develop the land upon which "Native" farmers are engaged in these and other forms of agricultural and pastoral production; and to provide adequate facilities and assistance for training, instruction and demonstration for these purposes. The Committee also recommends that "Natives" be given equal opportunities to enter other productive, trading and business enterprises and skilled employment, particularly in the mining and fishing industries. B. PUBLIC FINANCE 91. The general well-being of the economy is reflected in the Territory's public finances, which show, in general, a remarkable expansion during the post-war period. From only £2.9 million in 1946-1947, Government revenue increased to £12 million in 1955-1956 and to over £16 million in 1956-1957. It appears to have increased slightly in the estimates for 1957-1958 but to have fallen for 1958-1959; nevertheless, the accumulated financial reserves of the Territory have continued to increase to an expected total of approximately £20 million by 31 March 1959. 92. The estimated revenue for 1957-1958, including a balance of £6 million carried over, was £17,117,577, after allowing for the abolition of a personal tax and the further liberalization of income tax. The sum appropriated for expenditure in the same year amounted to £17,077,060, of which the biggest items were education (£1,301,910), works (£936,290), administration (£771,810), posts, telegraphs and telephones (£518,730), miscellaneous services (£400,570) and public health (£357,490). The budget for the current financial year (19581959) is reported to show an estimated revenue of £14,793,466, the drop being evidently due in large part to a fall in mineral sales. The Administrator attributed the "conservative" nature of the current budget to the sensitivity of the financial structure of the Territory in relation to prices and conditions in the world markets. Of the total revenue, slightly more than £6 million would be used to defray normal administrative expenditure, while the balance of more than £8.5 million would go to expenditure under the Territorial Development and Reserve Fund.65 93. The Territory's external debt (to the Union of South Africa) is light and has been progressively reduced since 1945 to a total of £1,831,500, while at the same time the Territory's reserves have been steadily accumulating. Explaining the general financial situation to the Legislative Assembly in 1957, the Administrator is reported66 to have pointed out that since 1937, when payments on the debt to the Union Government had to be suspended temporarily, the Territory had accumulated assets in the form of buildings, telephone communications, bridges, dams, boreholes, etc., to the value of millions of pounds without incurring a single penny's debt in connexion therewith. On the other hand, with two reserve accounts each of £2 million, with unused balances in the Territorial Development and the Reserve Fund totalling £5,182,222, with loans to municipalities, the Land Bank, etc., amounting to approximately £9 million and with the balance available in the Farming Interests Fund, it was estimated that the Administration would have as at March 1958, in one form of reserve or another, a grand total of more or less £19 million for future contingencies. (This figure has been revised to £20 million as at 31 March 1959.) In addition, the Administration had loaned amounts totalling about £9 million to municipalities and to the Land Bank, the Fisheries Corporation and others. Although some of these investments, e.g. loans to municipalities, were repayable in instalments only, and funds put at the disposal of the Land Bank were not usually repayable, it must be borne in mind, stated the Administrator, that the investments concerned were provided from Administration funds out of current revenue, without the Administration having incurred any debt. In other words, they were considerable assets which had been built up by the Administration, and which the Administration could use not only as security, if necessary, but also to borrow corresponding amounts; moreover, receipts from such investments could be used to cover interest and/or instalments on such loans. 65 The Windhoek Advertiser, 16 and 17 May 1958. 66 The Windhoek Advertiser, 10 May 1957. 94. It will also be recalled that the integration of the railway and police services of the Territory with those of the Union has had the result that a portion of the costs incurred in the Territory are borne by the Union. The police force of South West Africa was integrated with the South African Police in 1939 on the basis of an agreement whereby the Territory paid a fixed sum of £110,000 per annum (and £4,000 for a pension fund) to the Union for police services, the residual cost being borne by the Union. This arrangement continued through 1956 although the total cost of police services has been steadily increasing and the accumulated cost to the Union amounted to £1,879,426 on 31 March 1957. Effective on 1 April 1957, however, the contribution (including pension contribution) to be paid by the Territory was increased to £200,000. The total cost of policing the Territory in 1955-1956 amounted to £332,579, and in 1956-1957 to £367,089. 95. The railways of South West Africa are also merged with those of the Union under an arrangement which permits the operational losses in the Territory to be written off against the profits incurred in the Union. The net loss in 1956-1957, according to the annual report of the General Manager of Railways and Harbours, totalled £1,327,255, bringing the aggregate loss since 1922 to £16,608,800. In 1957, an arrangement was entered into between the Territory and the Union for replacing the narrow gauge line between Usakos and Tsumeb and on the branches to Gootfontein and Outjo by a standard gauge. The Administration of South West Africa agreed to compensate the Union for the assets to be withdrawn (estimated at about £720,000) and to guarantee any difference between the losses incurred on the broad gauge line and the losses which would have incurred if the line had not been broadened. 96. As a result of the transfer to the Union of the administration of "Native" affairs, the Union now also bears the financial responsibility for "Native" administration in the Territory and receives an annual payment from the Territory in accordance with a formula based upon past experience of costs. During the fiscal years 1955-1956 and 1956-1957, the payments by the Territory to the Union Government for "Native" administration amounted to £95,801 and £102,394, respectively, of which the Union Government spent £74,161 in 1955- 56 and £85,520 in 1956-1957. In addition, the Territory contributed an annual fixed amount of £50,000 to the Union Government for the development of "Native" areas in the Territory. This sum is required by law to be paid into the South African Native Trust Fund and may only be spent for "Native" areas in South West Africa. Information concerning the expenditure incurred by the South African Native Trust Fund is not yet available to the Committee. 97. The Committee again finds it impossible to determine with any precision to what extent the "NonEuropean" population benefits directly, not to mention indirectly, from public expenditure in the Territory. If the integration of the races were the objective of policy, no matter how remote its achievement, there would be less need to attempt such a distinction and, indeed, it could be said that all main items of public expenditure were for the ultimate benefit of the population .as a whole. The annual public accounts of South West Africa-for example those for the financial year 19561957-show that apart from the cost of the administration and the postal and telegraphic, customs, prisons, justice and other services which may be said to be of general application, the major part by far of the public funds available are used in areas and for purposes of primarily "European" interest. The contribution of just over £152,000 for "Native" administration and the development of "Native" areas, while not representing the total direct expenditure for the benefit of the "Native" population, may be compared, for example, with £211,782 spent by the Department of Agriculture on services primarily for "European" farmers; with £450,000, recoverable in part, spent on "European" land settlement and development; and also with the large reserves available in the form of advances, loans and grants for other services and activities of particular interest to "Europeans". 98. The Committee stated in its previous report that it regarded such facts as these as revealing indices of the inequality of treatment as between the interests and the well-being of one section of the population and those of another, and as the logical consequence of the practice of apartheid, based as it is on both separate and unequal treatment. It remains of the opinion that this differentiation of treatment cannot be justified by any possible difference in the stages of development of the various races, and is contrary to the Purposes and Principles of the Charter and to the Universal Declaration of Human Rights. If it appears that the direct contribution of the "Non-European" peoples to the public revenues is relatively small, it must also be said that the indirect contribution which they have made, and continue to make, to the general economy both as con-, sumers and through their labour is an important one. Moreover, their direct contribution to the economy could be expected to increase with every effective step taken to improve their productivity and to raise their standards of living. C. MINING 99. The most valuable natural resources of the Territory are minerals, and among these diamonds hold the foremost place in the economy of the Territory. Until recently they have been mined mainly in the south-western portion of the Territory towards the Atlantic Coast. In 1957, a concession was granted over a long stretch of the seashore itself, below the high-water marks, in the area known as the Sperrgebeit, north of the Orange River. This concession has been the subject of competing claims before the courts. In the previous year, moreover, a major discovery of diamond deposits was made in the northern part of the Territory, on the coastal area of the Outjo district known as the "Skeleton Coast," about 300 miles north of Walvis Bay. In the initial "strike", more than 200 diamonds, mostly of small size, were found by prospectors in a matter of hours. The significant feature of the find was the discovery in one pit of a band of oyster shells four feet below the surface which led to the belief that the deposits are a part of the rich Merensky line of diamondyielding marine terraces which may extend south from the Orange River. Prospectors were reported to be of the opinion that rich deposits would be found when the old sea terraces further inland were uncovered. Following the discovery, diamond syndicates were reported in September 1957 to be offering huge sums for options on farms in the area.67 100. The other most important mining enterprise is 67 A/AC.73/L.12, para. 61. also in the northern part of the Territory: the mining of lead-copper-zinc concentrates at Tsumeb. In 1957, ten oil concessions embracing well over half of the Territory were granted by the Administration. The areas of the concessions are two farms in the Maltah~he district; the entire northern part of the Territory above 20' south latitude; two groups of six and fourteen farms in the Gibeon district; an area from near Cape Cross through the centre of the Territory including portions of the Okahandja, Omaruru and Gobabis districts and the eastern "Native" reserves; parts of the and Gibeon districts north of Keetmans and Aroab; three sections of the coast from the Kaokoveld to Walvis Bay; and part of the -Mariental area.68 101. The mining industry as a whole maintained its rate of development during 1956 and the first half of 1957. In 1956, minerals yielded £34,795,175, or £6.5 million more than in 1955. The industry provided work for 2,032 "Europeans" and 11,637 "Natives", according to the Administrator in a statement before the Legislative Assembly;69 £2,783,674 was paid out in wages and £5,467,425 devoted to local purchases, equipment, transport and customs dues. Sales of gem and industrial diamonds realized £17,609,488, this being £2,583,607 in excess of the figure for the previous year. The yield obtained from the lead-copper-zinc concentrates at Tsumeb also increased considerably; sales in 1956 realized £14,629,545, compared with £11,781,962 in the previous year. 102. Reporting a year later on the state of the industry in 1957, however, the Administrator stated that although it maintained its rate of development during the first half, a considerable decrease in the price of the base minerals took place, and activities had to be curtailed considerably during the latter half of the year.70 Total sales amounted to £30,708,894, or £4.09 million less than during 1956. Between January and December, for example, copper fell from £265 per ton to £171; lead from £116 to £72; and zinc from £103 to £62. Sales of gem and industrial diamonds realized £16,861,328, compared with £17,609,486 during 1956-a decrease of £748,158. The yield obtained from lead, copper and zinc concentrates at Tsumeb was £10,902,139, compared with £14,629,545 during 1956. In direct diamond taxation, excluding income tax, the mining industry yielded £1,686,134 in diamond export dues and £1,843,419 in profit tax. Claim and licence fees, etc., amounted to £20,790. 103. The Administrator stated that there was at present no indication that there would be a considerable rise in the prices of base minerals in the near future. Consequently, a further decrease in the yield from the mining industry must be expected during the coming year. Nevertheless, he added, prospecting continued unabated and on a large scale, not only for the usual minerals but also for oil. Numerous strong Union of South Africa and foreign mining concerns were showing the greatest interest in the mining potentialities of the Territory. D. AGRICULTURAL AND PASTORAL PRODUCTION 104. The more important agricultural and pastoral production which is marketed- mainly the output of 68 South West Africa, Official Gazette 2106. 69 The Windhoek Advertiser, 10 May 1957. 70 The Windhoek Advertiser, 16 May 1958.

"European" farms---comes from the southern and central sections of the Territory and also from the northern section to the south of Ovamboland. The farmers raise small stock in the south and central sections and in the north-west. Mixed farming is carried on in the central and north-western sections, whereas cattle farming alone can be undertaken in the eastern section of the central area and in the north- east. 105. The most important product is the pelt of the karakul lamb, but slaughter stock is also kept by the karakul farmers. The production of pelts amounts to about 3 million per annum, valued at about £6 million. Adding the value of the small stock exported and that of wool or karakul hair production, the total export value of the sheep industry has been estimated in recent years at approximately £7.5 million. From the central and northern cattle farms and ranches about 200,000 head of slaughter stock are exported annually, mostly to the Union, and over 7 million pounds of butter similarly exported. Including also wheat, maize, vegetables and meat and butter locally consumed, the total value of agricultural and pastoral production has been estimated at about £13 million a year. The following data on exports of livestock and livestock products illustrate the situation in recent years in greater detail: Cattle: (number) ...... (value) ...... Karakul pelts: (number) (value) .. Small Stock: (number).. (value) ... Butter (lb.) ...... Cheese (lb.) ...... 1953 174,174 £3,891,246 2,838,422 L5,038,199 60,819 7,200,064 439,334 1955 199,180 £4,608,358 2,864,246 £5,728,492 158,828 £317,656 8,132,892 286,887 1956 206,411 £5,270,290 2,802,927 15,605,854 141,235 £282,470 7,481,201 232,087 106. The "European" farming industry receives assistance in various forms from the Administration or from services established by it, including assisted settlement, the development of water supplies, loans and advances from the Farming Interests Fund, the Farmers Special Relief Scheme, Breeding Stock Advances and the facilities of the Land and Agricultural Bank, the promotion of karakul marketing, the control of dairy prices, experimental farms and other services of the Department of Agriculture. Some indications of the scale of this assistance can be given. According to the annual report of the Board of the Land and Agricultural Bank for the year ended 31 March 1957, loans and advances of all types were represented by a total capital of £5,320,261. The Administration made amounts of £750,000 and £250,000 available to the Bank during the year, plus an amount of £400,000 brought forward from the previous year, making a total of £1,400,000. On 31 March 1958, according to a statement by the Administrator,71 the Farming Interests Fund stood at £1,309,117. Of this amount, £285,654 had been granted to farmers in the form of loans and partly paid out to them, and the greater part of the balance of £1,023,463 had been invested on a temporary basis but was available for the purpose of the fund. The Executive Committee of the Legislative Assembly decided early in 1958 that, as in 1953, financial help would again be given to landless farmers.72 The purpose of the scheme was reported to be to assist bona fide farmers to strengthen their farming so that they could make a decent living out .of it. The maximum amount to be granted to each 71 The Windhoek Advertiser, 16 May 1958. 72 The Windhoek Advertiser, 17 January 1958. applicant would be £600 for a period of six years, repayable in half-yearly instalments beginning a year after the loan had been granted. 107. Such facilities as these do not appear to be open to "Non-European" farmers whether in the reserves within the Police Zone or in the tribal areas in the north. The "Non-European" farmers are, in fact, physically separated from the areas where the principal farming assistance measures and services are in force. The Administration has stated that the reserves in the Police Zone offer the "Natives" opportunities to use land on terms far more advantageous to themselves than if they were- to buy or hire land outside the reserves. They have been encouraged to increase their production and to improve their own living conditionsbut by means which seem to fall far short of the assistance given to "European" farmers. In the cattle areas, separators have been supplied to "Native" families or groups of families and, under the supervision of the Administration's welfare officers, have been kept clean and hygienic, and transport has been organized to bring the cream to the nearest creameries. The Administration has stated that as a result of this scheme and from the proceeds of sales of cattle and hides also organized by the Administration the producers in the reserves received approximately £400,000 in 1955. (This remains the latest, and only, figure available to the Committee which would indicate the monetary value of the entire "Non-European" rural production of the Territory.) The annual rates and other taxes payable by "Natives" and grazing fees for which they are liable in respect of stock kept by them are paid into Trust Funds which, supplemented by territorial funds amounting to £50,000 per year, are applied to the economic development of the reserves. Similar Trust Funds have been established in the tribal areas in the north. The drilling of wells and boreholes to provide water supplies appears to have been the principal economic service provided in the "Native" areas by the Administration, which also has four agricultural officers advising the Native farmers on the best means of veld management and stock improvement. In the northern areas they also advise on better methods of production of the subsistence crops and on the introduction of new crops. 108. In attempting to evaluate these general descriptions of Administration activities, the Committee continues to find it difficult to measure the exact extent of such assistance to "Native" agriculture, or of its results in terms of higher productivity and improved standards of living. It was able, before the transfer of "Native" administration to the Union Government on 1 April 1955, to identify specific items of expenditure on measures of direct benefit to "Native" farmers, such as small irrigation works, demonstration plots and rice experiments-as well as items different in character, such as those relating to the removal of "Natives" from certain areas and to the encouragement of "Native" labour recruitment-but it is not yet in possession of information which would enable it to judge the detailed trend of these activities under the new system. However, in the light of its present knowledge, the Committee has not been encouraged to believe that any new and energetic steps have been taken or are contemplated to stimulate "Native" productivity. It therefore draws attention to the recommendations which it has reiterated at the end of the introductory section of this account of economic conditions in the Territory, and to comments which it has made in regard to public finance.

109. Evidence that over-grazing has led to the deterioration of the land in at least some of the "Native" reserves makes even more urgent the need for positive efforts to help the "Native" farmers improve their production. The Territory's Soil Conservation Board, although mainly engaged in assisting "European" farmers, has in recent years undertaken an experiment in soil conservation in "Native" reserves, beginning at Ovitoto where over-grazing was reported to have become a serious problem. The reserve was divided into fenced areas, each supplied with water for the stock, in order to establish a rotational system of grazing and to ensure that pastures would be available during difficult times of the year. Nevertheless, according to the information before the Committee, this scheme has given rise to fears and suspicions among the "Natives" concerned. Chief Hosea Kutako and other Herero leaders have stated73 that if the grazing is finished in a particular area before the period of time specified, the people of Ovitoto, a Herero reserve, must seek permission to go to another reserve, presumably the Eastern "Native" reserve south of Ovitoto, in order to find grazing for their cattle. They fear that the motive of the plan of rotational grazing is to induce the people of Ovitoto to leave the reserve peacefully in order that the land can be given to "Europeans" and they state that about fifteen villagers left Ovitoto because they were afraid of this system. While recognizing the need for taking proper soil conservation measures, the Committee hopes that these measures will not be carried out in a discriminating manner or in a way which would increase the insecurity felt by the in relation to their land. It believes that the people are entitled to every assurance by the Administration that the objective of the conservation measures is to improve the land for their own benefit, that there is no intention to make any of the land available to "Europeans", and that any persons who have felt compelled to leave the reserve will be free to return to it. E. LAND ALLOCATION AND ALIENATION 110. The allocation of land in the Territory, according to the Committee's previous findings, reveals the unequal treatment accorded to the "Native" majority as compared with the "European" settler community. As of the end of 1957, 20,424,489 hectares, or 78,841 square miles of land, had been allocated as "proclaimed" "Native" reserve lands throughout the Territory; land so classified may be alienated only with the approval of the Union' Parliament and on condition that a comparable area of land is set aside exclusively for Natives in exchange for any land alienated. A total of 37,578,865 hectares, or 145,055 square miles had already been allocated for "European" farms by the end of 1952, when there were 5,041 such farms, and further allocations of land for "European" settlement have been made since that time. 111. As a result of the continuing demand for farms by "Europeans", the Police Zone boundary has been extended northwards from time to time to open up new areas for "European" settlement. During 1957, an additional seventy farms, ranging in size from 2,500 hectares to 24,107 hectares, were offered to "Europeans", under a system of lease with option to purchase. Fifty-four farms, with an aggregate area of 580,000 hectares, were in the Outjo and Grootfontein districts 78 See annex VII. in the north-western and north-eastern portions of the extended Police Zone.74 112. The Committee has in its previous reports to the General Assembly expressed its concern at the disproportionate areas of land in the Territory allocated to "European" settlers and to the "Native" majority, respectively. It reiterates its previous recommendations in this connexion and urges that immediate steps be initiated to ensure that the "Non-European" majority shall not be deprived of the land necessary for their present and future needs, based inter alia on the natural growth of population and on the, principle of full participation by the "Non-European" population in the economic development of the Territory. 113. One of the results of the progressive extension of the Police Zone, which in the central portion of the Territory now borders the Northern Native Reserve of Ovamboland, has been to decrease the formerly large areas available to nomadic Bushmen. The Union Government has recognized the right of the Bushmen to live on that land, but because of the decreasing size of the areas available to them and the increasing difficulties for Bushmen to sustain themselves, the Administration has been studying the possibility of placing them in a special reserve. The Committee feels that every concern should be shown for the survival and welfare of this ancient race, and expresses the hope that the Administration will seriously consider the problem and act in the best interests of the Bushmen. 114. The Committee has previously drawn the attention of the General Assembly to the fact that the demand for land by "European" settlers exceeded the supply of unallocated Government lands in the Territory and had led to encroachments upon lands reserved for "Non-Europeans" within the Police Zone.75 During the period under review, further information has become available concerning the proposed alienation of land in the Aminuis "Native" reserve and the abolition of the Hoachanas "Native" reserve. 115. In the Aminuis "Native" reserve, it will he recalled,76 the Government had proposed to alienate a portion of the reserve, which, according to Chief Kutako, was the best grazing area in the reserve, in exchange for land comparable in size situated in the "corridor" between the reserve and Bechuanaland. The Committee had expressed its surprise at this proposed exchange, since the Administrator of the Territory in 1933 had informed Chief Kutako and the people of Aminuis that the entire corridor would be added to the Aminuis reserve, an undertaking confirmed by the Union Government's reports to the League of Nations. The Committee draws attention in this connexion to the extracts from the former Administrator's statement contained in a memorandum from the Reverend Michael Scott.77 Chief Kutako and others had objected to the proposed exchange and informed the United Nations, the Chief Native Commissioner, the Union Minister of Native Affairs and the Administrator of their reasons for doing so. 116. The Committee has now received from Chief Kutako copies of his subsequent correspondence with 74 See A/AC.73/L.12, para. 46. -5 A/3626, annex I, paras. 69-87. 76 A/3626, annex I, paras. 80-81. 77 Annex VI. the Union Department of Native Affairs.78 According to these papers, the Department of Native Affairs informed Chief Kutako that the exchange of land, though advantageous for the people of Aminuis, would not take place in view of the objections made by the Chief and his people. Replying to a request made by Chief Kutako that the "corridor" be added to the reserve, the Department said of this land that "no doubt whatsoever exists that it has always been and still is at the disposal of the South West African Administration for white settlement, and that you and your tribe have no legitimate claim to it". The letter also noted that the exchange of land originally proposed would have "meant a substantial sacrifice by the Administration". The Administration had been delayed from "using its expensive developments by settlement as contemplated for more than five years" while the Minister had tried to convince Chief Kutako and his people of the "wonderful opportunity" available to them in connexion with the exchange of land. The possibility of any exchange or acquisition of any part of the "corridor" by the people of Aminuis was now ended for all time, the Department stated, and the Administration was at liberty to allot the "corridor" to "European" farmers and would immediately proceed to do so. 117. Chief Kutako, in reply to the Union Minister of Native Affairs, expressed pleasure at being informed that the exchange of. land had been abandoned, but observed that the "corridor" had been a part of their reserve since 1925 and that the people of the reserve had drilled seven wells in the area and grazed their cattle there. He reviewed the history of the land, recalling repeated requests made to the Administration for the addition of the corridor to the Aminuis reserve so that the Hereros living on "European" farms could be allowed to come into the reserve. Again in August 1955, when the Minister and the members of the Union Native Affairs Commission, including the Administrator of the Territory, had come to Okakarara,79 the people of Aminuis had repeated their request. They had therefore been surprised to receive in 1956, on instructions from the Union Minister, the proposal for an exchange of land, and continued to maintain that the corridor was a part of their land and ought not to be given to "European" farmers. In concluding his letter, Chief Kutako observed that "the whole world knows that it is our land because the Union Government informed the League of Nations in 1933 that the corridor was to be added to Aminuis". 118. The Committee has also previously informed the General Assembly that the people of another "Native" reserve, the Hoachanas, might be moved to inferior land following pressure from "Europeans" in the area surrounding the reserve. The reserve, 14,254 hectares in extent, is the traditional headquarters of the Rooinasie Nama people and situated in one of the best farming areas of the Territory. Since some of the inhabitants refused to leave the reserve and disputed the legality of the notice served on them by the Administration, ordering them to vacate by noon on 31 December 1956, the Administration has brought the matter before the HighCourt of South West Africa for a declaration of rights80 Nama residents of the reserve have forwarded to the 78 Ibid. 79 See para. 76. 80 See A/AC.73/L.12, para. 47. United Nations purported copies of the summons issued to one of the inhabitants, the minister-teacher of the African Methodist Episcopal Church. Because they objected to the issuance of a summons solely to him, when all of the people had refused to vacate Hoachanas as ordered, they returned the summons to their attorney and requested that the summons be served on all the people of Hoachanas. The petitioners have alleged that, prior to court action, they were subjected to a series of pressures by the surrounding farmers, including a member of the Legislative Assembly from Rehoboth, the police at Derm in the Rehoboth District, and the Administration, in order to force them to leave Hoachanas. They also claim that their membership in the African Methodist Episcopal Church is looked upon with disfavour by the "Europeans" and that this contributed to the reasons for the attempts made to remove them from Hoachanas. By letter dated 31 July 1958,8' the petitioners informed the Committee that the High Court decision had been taken in favour of the Administration and that the people of Hoachanas had been informed by officials that the Administration would accordingly take steps to effect their removal to Itsawisis, land far inferior to that of Hoachanas, as noted in the Committee's previous report to the General Assembly.2 The petitioners state that they were not represented in the court case. They also claim that Hoachanas, including the present area of the reserve and a further 36,000 hectares, was reserved to them by treaty with the former German administration and quote a statement3. in a book by the former German Governor, Mr. Leutwein, to substantiate this claim. 119. Pending further study of the situation of Hoachanas by the Committee at its next session, the Committee urges the Union Government and the Administration to take all steps necessary to ensure that the people of Hoachanas retain their traditional homeland and to investigate the claim of the Namas to the surrounding land. The Committee reiterates that it considers as inadmissible the practice of allocating to the "European" minority progressively increasing areas of land to the detriment of the "Non-European" majority of the Territory. It urges that the land policy applied in the Territory be revised with a view to ensuring a more equitable distribution of land to the "Native" majority and affording them security of tenure on the lands they occupy. Noting with gratification the decision by the Government to suspend the proposed exchange of land in the Aminuis Native Reserve in accordance with the wishes of Chief Kutako and the people of Aminuis, the Committee expresses the hope that the Administration will initiate the measures necessary to add to Aminuis the land situated in the corridor between the reserve and Bechuanaland, in accordance with the commitments made by the Union Government to the people of Aminuis and to the League of Nations. 81 Annex V. 82 A/3626, annex I, para. 77. 83 As quoted by the petitioners: "Das nfichste Reservaat ward in Hoachanas, den daupt-orde der Roten, Nation gebiltet: Dort wurde 1902 der Platz selbst mit einem Pflachen inhalt von 50,000 Ha fir unverhuserliches Eigentum des Stammes erklirt." ("The next reserve was in Hoachanas, headquarters of the (i.e., Rooinasie]. There, in 1902, a total of 50,000 ha. was declared the inalienable property of the tribe.")

IV. SOCIAL CONDITIONS A. GENERAL 120. Social conditions in South West Africa do not appear to have changed fundamentally since the last report of the Committee. In their main aspects they are largely governed by the policy of racial separation which accords a superior status to the "European" population, limits relationships between the races principally to those necessary to maintain a flow of "Native" labour to the farming, mining and other industries, and encourages the remainder of the "Native" population to lead a separate existence under tribal conditions. 121. Social services are provided to the population under separate conditions and on differing scales according to race. The social legislation of widest impact is that related to "Native" labour, whether directly by regulating its conditions and restricting its scope or indirectly by such measures as the control of residence and movement. B. LABOUR 122. "Native" labour, which forms the bulk of the labour force, is recruited both from within the Police Zone and from the northern "Native" areas of Ovamboland and Okavango as well as extra-territorially from Angola. A large proportion of the labour force comes from outside the Police Zone, where only one organization, the South West Africa Native Labour Association (SWANLA), an Administration-sponsored organization, is allowed to recruit. 123. The "European" farming industry was reported in 1958 to have provided employment for 25,767 labourers, of whom 15,948 were "Natives" of the Police Zone and 9,819 were recruited for work, mainly in the northern districts of the Police Zone, from outside the Police Zone; there was a shortage of 10,817 labourers on farms.84 The mining industry in 1956 provided work for 2,032 "Europeans" and 11,637 "Natives", most of the latter being Ovambo.5 A large number were also employed in the fishing industry (which in 1953 gave work to 3,500 "Non-Europeans"), in other industries and towns in the Territory, on road works, and by the South African Railways and Harbours Administration.6 124. As previously reported by the Committee,87 wages for "Non-European" agricultural and mining labourers recruited by the South West Africa Native Labour Association range, depending on the class of labour, from 20 shillings to 65 shillings per month, with rations, during the first year of the labour contract, with increments at the rate of 5 shillings per month every six months for the duration of the contract. According to a petition8 from Chief Hosea Kutako and other Herero leaders, wages for Herero men in Windhoek, where the pay was highest, ranged from £6 to £10 per month, a few receiving £12 per month, and for women from £1.10s. to £3 per month. In other towns, they stated, wages were lower, ranging for men, in three towns cited, from £1 or 51.10s. to £2. or £3. per month, without rations. On the other hand, the petitioners stated, prices of clothing, food and other goods were 84 Die Suidwes Afrikaner, 27 May 1958. 85 The Windhoek Advertiser, 10 May 1957. 80 A/AC.73/L.l0, paras. 357-361. 87 A/3626, annex I, para. 102. 8 Annex VII. the same for Africans as for Europeans, whose wages were far greater. 125. The "Native" labour force continues to be almost entirely confined to unskilled work, since opportunities for training in skills are not provided and positions of responsibility are in any case reserved to "Europeans" both by law and by administrative regulation and practice. In addition, as previously reported by the Committee in some detail,9 "Native" labourers are subject to strict controls, and are liable to penal sanctions for a number of offences. These include desertion before the completion of their contract periods, one of the more serious offences under the labour legislation in force. 126. The right of "Natives" to continue residing in most areas of the Police Zone is, moreover, largely governed by their continued employment and by the labour requirements of a given area. Much of the labour legislation in force in the Territory" is designed to overcome, in some cases by compulsory methods, the shortage of labour in the Territory. Thus, in "Native" reserves in the Police Zone, with the exception of the Berseba and Bondels reserves, and in urban areas "European" officials have been authorized since 1952 to search out any "Native" who has insufficient honest means of support or is leading an idle existence; such a "Native" may be forced to take up employment on essential public works or services either inside or outside the reserve or urban area. If convicted under the Vagrancy Proclamation, he may alternatively be forced into private employment with a designated employer. 127. While "Native" reserves are regarded as labour reservoirs, in urban areas the residence of "Natives" is based on the immediate labour requirements in the particular areas, and if the number of "Natives" in a given urban area should exceed the reasonable labour requirements, the surplus "Natives", including permanent residents of the area, may be forced to leave. During the continued labour shortage, however, this provision of the law has not been applied. Under existing conditions, "Native" men living in an urban area are required by law to have contract receipts showing that they are working, and if unemployed for one month they are subject to ejection from the area. Those entering the area, unless exempted or visiting with permission, require a permit to seek work, valid for a limited period, during which they must either find work or leave the area. The Committee takes note, however, of a relaxation in the regulations governing "Native" women residents of urban areas during 195791 by the repeal of a regulation requiring every "Native" woman other than the wife or other bona fide dependant of a "Native" employed in the area to produce proof to the location superintendent each month that she was employed. The regulation had rendered her subject to eviction from the area if she was unemployed for a continuous period of fourteen days. 128. Rural areas of the Police Zone other than "Native" reserves are deemed "European" areas, irrespec89 See A/3626, annex I, paras. 105-115. 90 Including the Master and Servants Proclamation 1920, Control and Treatment of Natives on Mines Proclamation, 1917, Natives (Urban Areas) Proclamation, 1951, Native Administration Proclamation, 1922, Extra-Territorial and Northern Natives Control Proclamation, 1935, all as variously amended. 91 A/AC.73/L.12, para. 75. tive of the greater number of "Non-Europeans" living on such land, and any "Natives" living on land allocated to a "European" settler may be required by the latter to work for him or to leave the land. All male "Natives" living on "European" farms must be employed by the farmer, who must obtain Government permission to employ more than ten male "Natives" over eighteen years of age on the farm on which he resides or more than five on any other farm. 129. Ovambo and Okavango "Natives" coming into the Police Zone under labour contracts may remain in the Zone only for the duration of their labour contract periods, normally two years, after which they are required to return to their homes. To ensure that they return and do not become separated from their tribes, a system of central registration of all recruited labourers from outside the Police Zone was initiated in 1951. 130. Since the transfer of Native administration to the Union Government in 1955, a detailed account of expenditure in respect of "Natives" has not been publicly available. Until that time, however, there was expenditure from the territorial budget to promote the recruiting of "Natives" in the northern areas outside the Police Zone; to trace Ovambo deserters, who, if found, were subject to imprisonment with hard labour and to the completion of their full contract periods with the same employer whom they had left; and to remove "Natives" from urban and rural areas.92 131. The effects of the system of labour recruitment and the accompanying restrictions on the freedom of residence and of movement have been the subject of several complaints received by the Committee. According to the petitions received by the Committee,93 mainly from Ovambos, the recruits are not allowed to choose their employer but are forced to go where they are sent. As a result, the petitioners state, some "sneak away" and must then walk hundreds of miles to return to Ovamboland, suffering many hardships. Those caught before they reach their destination are fined £10 or sentenced to six months' imprisonment with hard labour. Others, who may wish to stay in the Police Zone after their contract periods are up, are nevertheless forced to return to Ovamboland. According to one petition,94 Ovambo who had lived for a considerable length of time in the Police Zone were being forcibly repatriated. 132. The Committee has in the past drawn attention to the stringent control measures which are applied to "Native" labour in the Territory. It has recommended, and continues to recommend, that every effort should be made to promote awareness in the Territory of the fundamental principle that labour is not a commodity, and that the labour laws of the Territory should be altered to conform to the standards approved by the International Labour Organisation for non-metropolitan Territories and to the principles of the Mandates System. It has recommended that penal sanctions for the breach of labour contracts be abolished and that "Native" workers be given the same legal rights to organize and to participate in conciliation and arbitration proceedings as other workers in the Territory. 133. The Committee has also deplored the enactment in 1956 of further discriminatory legislation to prevent the advancement of "Native" and "Coloured" workers 92 A/AC.73/L.1O, para. 454. 93 Annexes IX and X. 94 Annex XI. employed in mines. In its last report, the Committee described new regulations which in effect barred "NonEuropean" workers, not only from any managerial post in a "European" mine, but also from such lower posts as those of shift boss, ganger or worker in charge of machinery. It continues to consider such legislation, based exclusively on racial differences, to be completely contrary to the letter and spirit of the Mandate. In this connexion, the Committee wishes to recall certain observations made by the Permanent Mandates Commission in 1928, and endorsed by the Council of the League of Nations, after having noted that "colour-bar" legislation of the Union of South Africa was being applied in South West Africa in so far as employment under the Administration and in the railways was concerned. The Mandates Commission expressed the opinion "that this Act, the effect of which is to limit the occupations open to native and coloured workers and thus place them at a disadvantage with white workers in the area under mandate, is based upon considerations which are not compatible with the principles laid down in the Mandate".5 134. The Committee is deeply concerned that the limitations and controls placed on "Native" workers have become increasingly severe, particularly in recent years. The Committee therefore again reiterates its previous recommendations for the revision of labour legislation in the Territory and the improvement of conditions of labour. As a first step toward the improvement of labour conditions and the relaxation of Government controls over "Non-European" workers in the Territory, the Committee recommends that workers be given the freedom to seek employment with employers of their choice. C. FREEDOM OF MOVEMENT 135. The Committee has in its previous reports drawn the attention of the General Assembly to the severe restrictions placed on the freedom of movement of "Non- Europeans" in the Territory, and particularly the "Native" majority, as well as to the extensive controls established to ensure the application of the restrictions. Many of these restrictions and controls are, as noted above, largely related to the labour requirements of the "European" community. Considering them as a whole, the Committee finds it impossible to regard them as compatible with the social, moral and material welfare of the "Native" inhabitants of the Territory and therefore with the "sacred trust" undertaken by the Union of South Africa when it accepted the responsibilities of the Mandate. 136. Within the Police Zone, the "Native" inhabitants, who numbered about 172,796 at the end of 1957 according to the records of District Magistrates as reported in the Press, are subjected to a complex pass system: the main law governing their administration is officially described as the "principal pass law".98 Permission must be secured to reside in a "Native" reserve, "Native" location, or elsewhere as a labourer. Unless specially exempted and in possession of a pass to prove it, a "Native" in the Police Zone, or a "Coloured" person living in a "Native" area, is required by law to obtain a permit, whether from his employer or an authorized official, to leave the particular area in which he is per95 Fourteenth session of the Permanent Mandates Commission; League doc.C.597,1928.VI. 96 Native Administration Proclamation, 1922. mitted to live; a permit to buy a railway ticket; and a permit to enter any area, including a "Native" location or "Native" reserve, except the one in which he resides. 137. Even within "Native" reserves, "Natives" require permission, inter alia, to change their residence within the reserve, to build a hut and to hold a public gathering or assembly with other "Natives". On the other hand, under the Native reserve regulations, they may be required to change their residence or to gather in public assembly whenever ordered to do so by an authorized official. The Committee regrets to have to report that the regulations governing the control of "Natives" in "Native" reserves in the Police Zone other than the Berseba and Bondels reserves were made more stringent during 1958, when the "European" reserve superintendent or Native Commissioner for each reserve was authorized to make the permit required to encamp, reside in, be within or enter a "Native" reserve "subject to such conditions as he deemed fit". Before that time, the intricate controls which could be exercised over "Natives" in "Native" reserves were limited to those spelled out in the governing legislation. At the same time, the maximum fines for contravening the various regulations have been increased from £2 to £5 for a first offence and from £5 to £10 for a second offence. For contravening the conditions laid down by the superintendent or Native Commissioner in the above-mentioned permit, however, or for entering or being in a reserve without a permit, the fine is fixed at a maximum of £25 or three months' imprisonment.97 In the northern areas, "Natives" in the Ovamboland and the Okavango Native reserves are not allowed to go out of their respective reserves without permission and no one other than residents may enter the areas without permission. The "Non-Europeans" living in the northern areas, reportedly numbering 238,487 at the end of 19579 are allowed into the Police Zone only on permits, which are normally restricted to male contract labourers. 138. Petitions99 dated 27 November 1957 and 29 July 1958 from Chief Kutako and other Herero leaders suggest that the pass system may apply in some degree even to children; the Chief states that school children have to obtain passes from their schools before they leave the towns in which the schools are situated. He further states that the people regard the "Native" reserves as gaols because no one is allowed to leave or enter them without a pass. Other petitions, from Namas and Ovambos, also complain of the restrictions suffered by the "Native" inhabitants of the Territory.100 The Committee wishes also to draw attention to the account given by Chief Kutako of the standard of living obtaining in the Herero "Native" reserves.01 139. The position of "Europeans" in the Police Zone provides a sharp contrast with the treatment accorded to the "Native" majority. Excluding two large diamond areas in the Luderitz District, closed to anyone without special permit, "Europeans" are free without permit to travel by train or otherwise, to enter and leave, and to visit or reside in any area of the Police Zone with the exception of "Native" reserves or "Native" locations. "Europeans" are also free to immigrate, emigrate, or travel, without restriction or permit, between the Terri97 A/AC.73/L.12, para. 36. 98 Die Suidwester, 21 May 1958. 99 Annexes VI and VII. 100 Annexes V, IX and X. 101 Annexes VI and VII. tory and the Union of South Africa, whereas the borders of the Territory are closed to "Non-Europeans" except on individual permit. 140. The Committee has previously observed that the strict regulation of the lives of the "Native" inhabitants of South West Africa is to be regarded as an inherent part of the policy of administration, and it has stated and reiterated the opinion that the existing restrictions on the freedom of movement are in flagrant disregard of the principles and purposes of the Mandate and of the Universal Declaration of Human Rights. 141. The Committee deeply deplores the continued existence and enforcement of these restrictions and urges the Mandatory Power to revise the legislation applicable in the Territory with a view to repealing such discriminatory and oppressive restrictions on the freedom of movement of the majority of inhabitants. D. PUBLIC HEALTH 142. During 1956-1957, medical expenditure in the Territory increased from £242,547 in the previous year to £302,966. The main items of expenditure in 19561957 were salaries, wages and allowances (£57,014), drugs, equipment, sera and vaccines (£68,986) ; subsidies to state-aided hospitals (£59,074) and maintenance of "Native" hospitals (£36,013). In the previous year, the amounts spent had been £49,195, £47,279, £44,560 and £36,472, respectively. As a result of a diphtheria epidemic in Ovamboland, the amount spent on drugs, equipment, sera and vaccines during the year 1956-1957 exceeded the appropriation (£45,000) by 123,986.102 143. Two Administration medical officers continue to be stationed in Ovamboland, and one of them also makes visits to the Kaokoveld. Another is stationed in Okavango. Within the Police Zone, district surgeons, who may have private practices, are employed by the Administration on a part-time basis and their terms of appointment provide for free medical attendance on indigent "Natives". During 1957, vacancies existed for six district surgeons.103 144. Hospital facilities in the Territory include state hospitals, which are managed, controlled and financed by the Administration; state-aided hospitals, financed jointly by the Administration and municipalities; and mission and other private hospitals, some of which are subsidized by the Administration. The territoriallyfinanced state hospitals were provided only for "Natives" until 1957, when an ordinance was passed'04 authorizing the establishment of such hospitals for "Europeans" as well. The ordinance provides for the establishment, management and control of state hospitals in any part of the Territory by the Administrator, the taking over of any private hospitals by the Administrator and their administration as state hospitals, and the establishment of state hospital committees and boards. Under the ordinance, admission to state hospitals is to be open to ''any person suffering from any disease or condition for the relief whereof the hospital concerned is established and subject to the urgency of the need for relief", provided that the medical superintendent of the hospital may exclude or discharge a person whose admission or de102 South West Africa, Accounts 1956-1957, pp. 37 and 87. 103 Union Government Gazette 5937 of 6 September 1957; Union Government Gazette 5956 of 11 October 1957. 104 Ordinance No. 49, 1957, South West Africa Gazette No. 2094, p. 686. 2# tention he considers unnecessary or likely to adversely affect the treatment of other patients. 145. As reported previously, there were twelve stateaided hospitals within the Police Zone in 1955-1956, of which ten provided accommodation for "Europeans" only and two for "Europeans" and "Natives". In 1958, after the passing of the above-mentioned ordinance, a £60,750 "European" state hospital, with twenty-four beds, a maternity ward, an operating room and two private wards was opened at Gobabis05 and a £1 million "European" state hospital, described as one of the most modern in Africa, was under construction in Windhoek to provide 170 beds for general, surgical, maternity, isolation, tuberculosis and after-care treatment.106 146. The Committee felt compelled to draw attention in its previous report to the disparity between the medical facilities and medical expenditure within the Police Zone and outside, where the majority of the "Native" population lives. State hospitals for "Natives" within the Police Zone had already been established as of 19541955 at Windhoek, Keetmanshoop, Omaruru, Walvis Bay, Otjiwarongo and Grootfontein. In 1957, an additional hospital for "Natives" was opened at Gobabis and a new hospital was under construction at Keetmanshoop. Tenders were also invited during the year for the construction of a hospital at Mariental, for the creation of a hospital and nurses' home at Luderitz and for various new installations at the Windhoek hospital.107 147. No new information on hospital facilities existing in the northern areas outside of the Police Zone became available during the period under review. Those areas are served by religious institutions, except, as noted above, for the presence of two administration medical officers at Ondangua in Ovamboland and one at Runtu in the Okavango, who is in charge of a small general hospital and a leper camp for 100 patients. 148. While welcoming the further extension of medical facilities within the Police Zone, the Committee again feels compelled to draw the attention of the Mandatory Power to the disparity between the medical facilities and medical expenditure within and outside the Police Zone, and recommends that priority be given to the establishment of a state hospital and of additional medical facilities in the northern areas outside the Police Zone in which a majority of the "Native" population lives, with a view to progressively providing the population of those areas with medical services at least comparable with those in the Police Zone. E. NATIVE AND LOW-INCOME HOUSING IN URBAN AREAS 149. In its previous reports, the Committee has referred to the improvements of "Native" housing in urban areas. While it has welcomed these improvements, the Committee has been concerned to note that such programmes were being carried out strictly within the apartheid policy imposed by the Mandatory Power. 150. During May 1958, Press reports indicated that the construction of the new "Native" location in Windhoek, begun earlier in 1958, was making favourable progress.108 The cost of the housing scheme was esti05 The Windhoek Advertiser, 8 April 1958, p. 5. 106 South West Africa Annual, 1958, p. 109. 107A/AC.73/L.12, para. 89. 108 The Windhoek Advertiser, 2 May 1958. mated at £1,005,000, including £625,000 for "Native" houses, £100,000 for sewerage and £75,000 for water reticulation.109 It will be recalled that the territorial Administration had granted the Windhoek municipality a loan of £750,000 in 1954 to assist in the building of the new location, but that there had been repeated delays in the initiation of the project due to the difficulty of finding a site allowing for the required widths (500 yards) of the various "buffer" strips. A site which would allow the expansion of the various racial groups while still maintaining the "buffer" strips was finally found, and it was possible to begin construction. By May 1958, six new houses had already been completed, twenty houses were in various stages of completion, foundations for 180 more had been dug and eighty foundations were ready for building operations. The houses being erected are all identical, comprising four rooms, at an estimated cost of £250 per unit. Each house will have water-borne sewerage, with one tap and a lavatory. It had not yet been decided whether to provide communal ablution blocks with hot water showers, or to fit each house with its own cold water shower. Installation of electricity would be optional, and the charges for light and water would be based on the same rates as those paid by the European population in Windhoek. The municipality anticipated fixing a monthly rental not exceeding £2 for each house, since its survey of existing location residents disclosed that there were few families who were not in a position to pay this rent. 151. Provision is also made under this housing scheme to enable "Natives" to build their own homes with loans and supervision provided by the municipality. Also envisaged, in addition to family homes, is the | erection of a compound for from 2,000 to 2,500 Ovambo I and hostels for from 2,000 to 4,000 Single male ':Natives". 152. The housing scheme requires the mass removal of "Natives" from their present location site to an area further removed from the "European" residential area of Windhoek. Within the new location, strict segregation of the various African ethnic groups will be required. To implement this scheme, it is planned to provide 862 houses for the Damara families, 403 for Af Hereros, 256 for Ovambos and 376 for Mbanderu people, as well as 340 for Nama families and 262 for 'miscellaneous Natives". 153. Chief Kutako and other Herero leaders referred in a petition dated 29 July 1958110 to the removal of the Windhoek location and another, in Okahandja, to new sites. They stated that the people had been refusing to be moved and preferred the improvement of the existing locations to the removal of the population further away from their work. They complained of the increase in rent in the new Windhoek location, fixed at £1.18.9 per month for each house compared with the existing location rentals of 3s.6d. per month for men and 2s.6d. of women. They pointed out that the new rentals amounted to about one- third of the wages for men and that those who could not afford the new rentals would have to return to the "Native" reserves or look for work on "European" farms. Moreover, according to the petitioners, the houses were poorly constructed and without kitchens or bathrooms; permits would be given to build kitchens alongside the houses 109 Ibid., 6 June 1958. 110 Ann VI. or to use open fires, and the people had been informed that communal bathrooms would be built. Only a man, his wife and minor children were to be allowed to stay in a house, according to the petitioners, and children over eighteen years of age had to be housed in compounds. They also complained of the increased severity of the restrictions on freedom of movement being imposed in the new location. V. EDUCATIONAL CONDITIONS A. GENERAL 154. The separation of school systems according to the race and colour of the children remains a basic feature of educational policy in the Territory. No evidence is available of any move, nor of any intention on the part of the "European" authorities who control the policy, to bring about by gradual stages the integration of the educational systems. On the contrary, a commission of inquiry appointed in 1956 was given terms of reference which indicated that if any change were to be made it might be in the directioi of introducing in the Territory the systems of education for "NonEuropeans" which apply in the Union of South Africa. 155. The educational facilities, besides being strictly separate for "European", "Coloured" and "Native" children respectively, are also of unequal value. This situation is, in a general way, reflected in the disparity in public expenditure on education as between the racial groups of the population; expenditure in all the years for which official statistics are available has been in inverse proportion to the size of the population groups. Thus, in the financial year 1956-1957, when total public expenditure on education was £1,163,895, the amount spent specifically on "Coloured" education was £79,003 and on "Native" children £126,532. These figures include not only the cost of the equipment and maintenance of schools but also the teachers' salaries and the cost of the extension of educational facilities in the northern areas and grants and subsidies to missions. Although the expenditure on "European" education is not so clearly distinguished in the public accounts, it may be said to have represented the greater part of the total. For items such as furniture and equipment, books and materials, transport of children and school maintenance costs alone, the expenditure was £42,995; the salaries and wages bill of the Education Department-excluding the salaries of "Coloured" and "Native" teachers-was £455,850; and expenditure on hostels was £356,321.i 156. The Committee has very little information to help it appraise in any accurate manner the rate at which school facilities are being increased, but the general upward trend of budgetary expenditures leads it to believe that expansion of the "Non-European" as well as of the "European" systems of education is taking place to some extent. Expenditure on "Native" education rose, for example, from £119,250 in 1955-1956 to £126,532 in 1956-1957. Estimates of total expenditure for the financial year 1958-1959, moreover, are reported to show that there will be an increase of £74,410 over 1957-1958. Of this increase, £3,450 will be for "Coloured" education and £15,000 for "Native" education, mostly in the form of subsidies to mission schools in the northern part of the Territory.12 157. What is of more serious concern is that the quality of the education available to the respective racial groups is markedly different as well. For "European" 111 South West Africa, Accounts, 1956-1957. 112 The Windhoek Advertiser, 16 May 1958, p. 9. children, education is compulsory up to the age of sixteen years, and the facilities available ensure accordingly that the average child passes through full infant and elementary and either junior or full secondary courses before he either leaves school or passes on, with generous state assistance, to higher or specialized learning in the universities or technical institutes of the Union of South Africa. 158. "Native" and "Coloured" children, however, are under no legal compulsion to attend school, even where facilities are relatively easily accessible. Moreover, the standards of education open to them in the Territory are considerably lower than those for "Euorpeans". Much reliance is placed on the efforts of the missionary societies to bring education to the "Non-European" population, and the results are governed largely by the limited facilities at their disposal and, in many cases, especially in the tribal areas, by the limited purposes given to education. The policy of the Administration has been, on the one hand, to foster and encourage the missionary effort and to subsidize the expenditure of the various missions in respect of schools established by them and, on the other hand, to establish Government schools in areas whose needs are not met by mission schools. The majority of mission schools, which have not achieved "recognized" status, normally offer courses of study up to approximately standard III. Most of the mission schools in the tribal areas outside the Police Zone fall into this category, although the possibility exists for pupils at these schools to proceed beyond the scope of a particular school by transferring to another one. Recognized mission schools and Government schools normally provide a course of instruction up to and including standard VI (plus two sub-standards preceding standard I), provided that, as regards the upper classes, there are sufficient pupils to justify the addition of classes and teachers. This situation is to be compared with that of the "European" school system described above, where standard VIII- two grades ahead of the highest class in a "Native" school-is the lowest level at which a pupil is permitted to complete his education. 159. Such high-school facilities as are available to "Non-Europeans" in the Territory are represented by the Augnstineum for "Natives" and a high school for the "Coloured" children of the specially-situated Rehoboth community. The Committee in its preceding reports has referred to the Augustineum as a high school. Chief Hosea Kutako has stated in a petition"8 submitted in November 1957, however, that this school offers courses up to standard VIII only, which would appear to be the junior high school level; and in a later petition14 that this level has been reduced to standard VI. To an extent not known by the Committee, "NonEuropean" children may find places at more advanced schools in the Union of South Africa, including universities. 113 See annex VI. 11' See annex VII.

160. Recent figures of actual school attendance are not available to the Committee. The only indication it can give is that in 1956 there were reported to be 12,000 children of school age, and therefore liable to compulsory education, in the European community estimated at 55,200, while the number of "Non- European" children attending school was 28,648 out of a total "NonEuropean" population estimated at over 400,000. The great majority of these-18,788 pupils- were in the northern tribal areas where most of the schools were rudimentary mission establishments. B. INQUIRY INTO EDUCATION IN THE TERRITORY 161. In 1956, a commission of inquiry was appointed by the Administrator-in- Executive Committee to investigate and report upon matters relating to education in South West Africa, and further to formulate a longterm education policy for the Territory.115 The Commission consisted of five "Europeans". It was instructed to give special reference to a number of specific points, most of which relate to "European" education but which included, as a separate question, possible changes in the "Non-European" education system. These points were as follows: (a) The desirability of introducing the Cape16 syllabuses in South West African schools and how these syllabuses should be adapted to suit South West African conditions. (b) The introduction of differentiated education and how it should be done. (c) Whether comprehensive schools should be introduced or not, and whether such a system could be adapted to the national character of, and the conditions in, the Territory, with special reference to the provision of technical instruction. (d) The education and post-school adjustment of deviates. (e) Psychological services and vocational guidance. (f) The teaching of languages and the medium of instruction at primary and high schools with special reference to German. (g) Religious instruction in Government schools. (h) The introduction into South West Africa of its own examination system for secondary education. (i) The centralization or decentralization of education with reference to the provision of more facilities. (j) School organization with reference to the need for clerical assistance. (k) Hostel organization and the care of boarders. (1) Adult education. (m) Whether parents should have a voice in educational matters by means of school committees or other bodies. (n) The desirability or necessity of establishing a training college for European teachers. (o) Non-European education: the desirability of introducing the Union's systems for the education of "Non-Europeans", and the question whether Government schools should take the place of mission schools. 115 South West Africa; Offcial Gazette, No. 19991, 1 May 1956, pp. 446-7. 116 The Province of the Cape of Good Hope. (p) The desirability of establishing an education advisory board, the composition of such a board and its functions. (q) The general composition and organization of the Administration's Department of Education. (r) The amendment of the Education Ordinance to bring it into line with the changed circumstances. 162. The report of the commission was tabled in the Legislative Assembly, according to the Press,"7 on 19 May 1958. It was reported to contain some ninety- six important recommendations, including the entire redrafting of the existing legislation; but all of the proposals cited in the Press relate to modifications in the "European" school system, and they do not indicate any changes in the basic policy governing the education of the racial components of the population as a whole. The reported recommendations include the following which appear related to the aspects of "European" education specified in the Commission's terms of reference: Subsidy to private schools should cease at places where there are Government schools; an education advisory council should be appointed to advise the Administrator-in-Executive Committee on all professional matters; no school board should be instituted; the parents and the state, as represented by school committees and the Education Department, should be jointly responsible for the appointment of teachers; the powers of school committees and their respective procedure should be clearly defined; the Administration should subsidize all approved forms of adult education; a training college for approximately sixty students should be established; the concentration of English-speaking pupils in two or more schools should be considered; the Windhoek High School should not be enlarged but a second high school should be considered; German-medium instruction in Government schools should be extended up to standard V-the primary school stage; an attempt should be made to organize religious instruction on a sound basis; the high school curriculum should as far as possible provide for academic, general and commercial courses and the aim should be to make the choice within each field of study as wide as possible. 163. The administration of the educational systems is assisted by an Education Advisory Committee composed of six persons representing the , English and German-speaking sections of the "European" community, and a seventh "European" selected on the ground of his acquaintance with "the reasonable wants and wishes" of the "Non-European" inhabitants. The latter have no direct representation. The Committee on South West Africa has not in its possession as much information as it would wish with respect to the views of the "Non- European" sections of the population as to their educational needs and facilities. Such views as have come to it in the past through petitions and communications have been critical. To these may be added fragmentary comments contained in petitions before the Committee at the time of writing of the present report: one from the southern or Police Zone of the Territory where "Non-European" education is relatively more highly developed than elsewhere, and the other from Ovamboland in the northern and less developed_ area. In the former case, Chief Hosea Kutako points out"8 17 The Windhoek Advertiser, 20 May 1958. 118 See annex VI. that most of the "Non-European" schools are located in the towns and in some of the "Native" reserves, but that there are no schools for children living on farms. In a petition on behalf of the Ovambo people, Mr. S. Shoombe complains that there are no high schools in the whole of Ovamboland, and that teachers are of a very inferior quality because of their poor academic preparation."9 164. Another important point of disparity between "European" and "Non- European" school facilities arises from the fact that, because of the sparse distribution of the population over large areas, school hostels or boarding establishments need to be provided for children attending schools far from their homes. These hostels are provided in sufficient number to accommodate all "European" children. The position of "NonEuropean" children, however, is indicated by a statement by Chief Kutako120 that although a school is established in each of the eight Herero reserves, only two of these have hostels. He complains that the Administration was not prepared to provide more hostels because they were too costly to build and maintain, but had offered to provide a teacher and building materials for huts if the Hereros would themselves build huts to house the children. 165. In the case of "Coloured" education, some organized opinion is expressed from time to time through the South West Africa Coloured Teachers Association. At a recent congress of the Association in Rehoboth, a motion was adopted asking the Department of Education to contact the Association when dealing with "Coloured" education matters. The Association also requested the Department not to convert mission schools into state schools because of the pioneer work done by the missions to advance "Coloured" people's education in the Territory. The congress adopted another motion asking for higher salaries for "Coloured" teachers, and also asked the Department of Education to consider paying "Coloured" teachers a yearly allowance of £100, as in the case of European teachers.121 119 See annex X. 120 See annex VII. 121 The Windhoek Advertiser, 24 June 1958. C. CONCLUSIONS OF THE COMMITTEE 166. The Committee has no option but to state that the weaknesses which it has observed in past years in the educational facilities for "Non-Europeans" still exist. It believes that their opportunities for education will remain inferior to those for "European" children as long as the systems remain segregated, and as long as a determined even if gradual endeavour is not made to establish a common educational system open to all children according to merit rather than to colour. But segregation and inequality in education continues to appear to the Committee to be basic to the general trend of policy in the administration of the Territory in so far as it maintains differentiation of treatment of the inhabitants according to race. The Committee believes that a real reform of the educational system can only be hoped for within the framework of a fundamental change in attitude towards the part which the "Non-European" is to play in the life of the Territory. 167. In that light, the Committee recalls and repeats its previous recommendations: that the Mandatory Power should take all the necessary steps to eliminate the present racial discrimination from the educational system; that it should establish a programme for the progressive unification of the system with the object of providing equal access by all children, according to merit, to all facilities for education; that as an immediate pre-requisite of the achievement of that objective there must be a determined effort to improve and expand the facilities for "Native" children in particular; and that facilities should be provided for all races for training in vocations, skills and professions suited to the developing economy of the Territory. Since the "Non-European" population has only indirect representation on the Education Advisory Committee, the Committee also recommends that the Union Government provide for direct and adequate "Non-European" representation on this Committee so that it will accurately represent the wishes and desires of the "NonEuropean" inhabitants as to their educational needs and facilities. Furthermore, the Committee recommends that the Department of Education co-operate with the Coloured Teachers - Association and work closely with that body when dealing with "Coloured" education matters. VI. CONCLUDING REMARKS 168. In view of the continued unwillingness of the Government of the Union of South Africa to co-operate with it, the Committee once again has had to exercise its judgment concerning conditions in the Territory on the basis of information gathered, as systematically as possible, from public sources. It has done so in view of its desire to reach objective conclusions as to the fulfilment by the Mandatory Power of its obligation under the Mandate. 169. The Committee feels that it should point out that its present assessment of conditions in the Territory is the result not of an isolated study of those conditions but the continuation of a process in which it has been engaged for five years. The new information coming before it in each of those years has served to confirm, not to cast doubt upon, its conclusions as to the main lines of policy in the administration of the Territory and as to the manner in which that policy has been applied. 170. No important changes have appeared in the situation previously described by the Committee. The life of the Territory continues to present two distinct and separate aspects. On the one hand, the Committee has been able to report the continued free political activity of the "European" section of the population, the influential role which it plays in the institutions of government, and the further expansion and prosperity of the mining, agricultural and commercial enterprises which it owns or controls or which otherwise provide it with a livelihood. On the other hand, the Committee has shown that the vast majority of the population, classified as "Non-European", continues to be deprived on racial grounds of a voice in the administration of the Territory and of opportunities to rise freely, according to merit, in the economic and social structure of the Territory. The "European" community, which alone enjoys political rights, shares with the Mandatory Power, to the exclusion of the "NonEuropeans", control over the allocation and development of the principal resources of the Territory, reserving for itself a disproportionate interest in those resources. The inferior political, economic and social status of the "Non-Europeans" results from arbitrary and racially discriminatory laws. By means of discriminatory legislative and administrative acts, authority and opportunity are retained as a matter of policy in the hands of the "European" population, while the "Non-European" majority is confined to reserves except to the extent that its manpower is needed in the "European" economy in the form of unskilled labour and under strict regulation. 171. The Committee therefore reaffirms its conclusion that existing conditions in the Territory and the trend of the administration represent a situation not in accord with the Mandates System, 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. 172. The Committee considers it essential, for the preservation of the sacred trust undertaken by the Union of South Africa on behalf of the League of Nations, that the manner of administration of the Territory should be changed, in order to ensure the political, economic and social development of the whole of the population and recognition and application of the principle of equal rights and opportunities for all of the inhabitants.

ANNEX I Draft resolution concerning petitions and related communications in regard to South West Africa, proposed by the Committee on South West Africa for adoption by the General Assembly 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 (VIII) of 28 November 1953, to examine petitions in accordance with the Mandates procedure of the League of Nations, Having received a report from the Committee on South West Africa dealing with petitions dated 24 July and 10 August 1957, as well as an undated petition from Jacobus Beukes of the Rehoboth Community, a petition dated 12 October 1957 and related communications from Mr. Johanes Dausab and others in the Hoachanas Native Reserve, a petition dated 27 November 1957 from Chief Hosea Kutako, a petition dated 22 July 1958 from the Reverend Michael Scott and a related communication dated 29 July 1958 from Chief Hosea Kutako and other Hereros, a petition dated 13 June 1957 from Mr. Nguwo Jepongo of the Ukuanyama Tribal Congress, a petition dated 3 August 1957 from Mr. Toivo Herman ja Toivo and eighthy other Ovambo, a petition dated 22 November 1957 from Mr. S. Shoombe and 100 other Ovambo, and petitions dated 14 May and 1 and 4 July 1958 from Mr. Mburumba Kerina (Getzen), Noting that these petitions and related communications raise questions relating to 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, Decides to draw the attention of the petitioners to the report and observations of the Committee on South West Africa regarding conditions in the Territory, submitted to the General Assembly at its thirteenth session, and to the action taken by the General Assembly on this report. ANNEX II Petition dated 24 July 1957 from Mr. Jacobus Beukes, Rehoboth Community, to the Secretary of the United Nations' "Urgent Appeal for Help" In connexion with the communication already received by you from the indigenous inhabitants in the Rehoboth Gebiet,2 I am urgently appealing for help. Since 1870, we, the Rehoboth Bastard Community, have been living alongside of the Natives as a peaceloving people. Now, for no reason at all, pressure is being exerted by the Magistrate and the Board. I am urgently appealing for help because violence is done to the innocent Natives. Please consider this humble request as soon as this communication reaches you. The number of huts that must be moved at the expense of the Natives themselves is about 150, and the number of inhabitants, together with their wives and children and including the blind and the crippled, is about 600. The Natives are common labourers whose living depends on manual labour, and they are very poor. It is therefore unthinkable that they should be forced in such an arbitrary manner to move. I make this urgent appeal so that violence may be prevented. The former Magistrate has been transferred, and there is now another Magistrate in his place. You will find his name in the enclosed document, Schadwind. His actions with the Board border on dictatorship. My earnest plea, Sir, is that you should get in touch with the Administrator of South West Africa so that violence may be prevented. Violence may result because ' Originals in Afrikaans. 2 See A/3626, annex XlI. the Natives do not have any means of transport and there are no facilities for them to obtain water. It is impossible for them to comply with the order, because they cannot carry their huts away on their backs. Moreover, to move them away from their cemetery for no reason at all is very serious. I am kept awake at night by the thought that the Union Government is showing contempt for world opinion and that this attitude towards and the treatment of the Natives may, it is to be feared, later have repercussions for our people. We therefore feel that the United Nations should speedily come to our assistance so that there may be peace in our country under a social and democratic order. (Signed) Jacobus Beukes Burger Secretary Enclosure NOTICE3 (Stamped seal of the Rehoboth Bastard Community, dated 16 July 1957) Office of the Magistrate Rehoboth IN RE: Moving of the Settlement Notice is hereby given that the Board at its meeting of 21 May 1957 decided as follows: S Note by the Secretariat: The notice received is in the form of a mimeographed circular, at the bottom of which is written in ink the name of Johannes Hamman, Hut No. 61.

1. The settlement must be moved to the west bank of the Rehoboth River. 2. This removal must take place as from 1 August 1957 and be completed by 31 July 1958. 3. Before any building is erected in the settlement, the Village Council must be consulted so that a site may be obtained. 4. A new cemetery will be laid out by the Village Council for the settlement. 5. Inhabitants of the settlement must themselves bear the cost of the removal. (Signed) illegible Magistrate, Rehoboth ANNEX HI Petition dated 10 August 1957 from Mr. Jacobus Beukes, Rehoboth Community, to the Secretary-General of the United Nations' I most respectfully draw your attenition to the letter of 24 July 19572 "urgently appealing for aid" for the indigenous population of the Rehoboth Gebiet. "I call again for aid for our own people !", as appears from the two enclosed letters, from which the world organization will learn what methods the Mandatory uses. It does not act according to law but seeks to drive us out of our own country by deliberate dictatorial action through our own Board. I respectfully ask you, Sir, whether there is not some way of saving or helping to save our Rehoboth people so that we may keep the rights hard-won for us by the efforts of our forefathers. As shown in the attached letter, I have communicated repeatedly with the Administrator of South West Africa. Although aware in advance that this is not permitted, I am not to be deterred where the interest of our people is concerned. As reported in the two attached letters, an injustice is being inflicted on our people by dictatorial means. I am fully confident that the world organization will compel the Mandatory to comply with the organization's decisions, so that we, as the minority population, may be freed from the oppression of dictatorship and live undisturbed for the future as a SOCIAL DEMOCRACY under the Charter of the United Nations. I await acknowledgement of the letter of 24 July 1957 and of the attached letters. I shall appreciate it if this is announced in the Windhoek Advertiser. (Signed) J. Beukes Burgher Secretary Enclosure A Letter dated 5 August 1957 from Mr. Jacobus Beukes to the Captain and Members of the Advisory Board of the Rehoboth Community "Question of Law" With reference to the comprehensive discussion of the ancestral law, I feel it my duty to remind the honourable Captain and Board of the following: 1. The ancestral law and land code: I was appointed to draw up the land law and the ancestral law in 1916. Note 1. The land code which is now in use was published by me at my own expense. Note 2. The ancestral law, with amendments and supplements, was recorded by me article by article. Note 3. Major Rassoenuw, the late military Magistrate, summoned me to appear in a mixed court case, that of Mr. Rachuth and Mr. Matheus Gertze, because the ancestral law conferred no entitlement to civil rights. Hence I had to insert in the ancestral law one of the ' Original in Afrikaans. 2 See annex II. supplementary laws of 1916 in order that the case might be tried. Note 4. Johannes Beukes (member of the Board) and the late Piet Diergaard objected to the supplementary law (as you will certainly remember). The boards have held, on the basis of the ancestral law, that this measure has not yet been rejected by the Burghers and may be invoked where necessary. Note 5. The legal provision which is being used today to strip Burghers of their status was amended and was made to prescribe the imposition of fines. The fines have since been doubled. Note 6. As the Boards know, our office equipment, books and documents are still in the Government's possession. Our Captain and Volksraad have not yet been reinstated, so that the authority does not devolve upon an Advisory Board. Note 7. As pioneer sons who sit on the Board, you yourselves must bear witness that there was no opportunity there to give effect to the ancestral law. On these grounds I respectfully request that the deprivation of burgher status should be rescinded. In conclusion, think of the case in which this legal provision was applied. (Signed) J. BEUKES Enclosure B Letter dated 9 August 1957 from Mr. Jacobus Beukes to the Captain and Members of the Advisory Board of the Rehoboth Community PETITION I hereby respectfully submit the following petition for the attention of His Excellency the Administrator of South West Africa, Windhoek. Permit me, as an old pioneer, to address you on behalf of our people. Do not fail to induce the Board to take the proper action. 1. I note that the Board wishes to act in dictatorial fashion with regard to my efforts to stir it to rightful action. 2. As a burgher, I regard the Board as precisely the statutory body which should protect the burghers. Since, however, I do not know how or when the Board acquired such powers, the Board, as a body of elected representatives, should enlighten me as to how and when it acquired judicial powers. The Board has acted as a court of law, but who elected it as such? 3. I must accordingly keep guard over our people's legal status under democratic rule, and ascertain by comparison whether it corresponds to the action of the Board. (Signed) J. BEUKES

ANNEX IV Petition, undated, from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations English translation The Districts Magistrates Advice Council acting dictatorial against coloured inhabitants demanding high taxes which is serious. The compulsory expulsion of Europeans out of this Territory (Rehoboth Bastard Community) is serious and aimed against this Community, which impairs the loyalty and the 1885 situation and the position is serious and our economy very weak here. Awaiting your urgent action for better treatment. (Unsigned) ANNEX V Petition dated 12 October 1957 and related communications dated 10 January 1958, undated, dated 20 June 1958, and dated 31 July 1958, from Mr. Johannes Dausab and others, Hoachanas Native Reserve, to the Committee on South West Africa, the Secretary-General, and Messrs. Harry Bloch & Co., Solicitors, Windhoek 1. Petition dated 12 October 1957 to the Chairman and Members of he Committee on South West Africa This is just a continuation of our former petition dated the 10th of October 1956.1 The situation at Hoachanas have rather became more graver and unintolerable during 1957. The salary of the pass-issuer, the pas which has been instituted by the administration for the restriction of our movement has been retracted since October 1956. We have no Magistrate visit at all. No medical visit whatsoever, no communication, no anything at all from the side of the administration since our former petition. We are living in a state of sanction, and the position at Hoachanas have really became alarmed. Please help us or we perish through the works of the Union administration. Hoachanas is the Headquarters of the rednationnamatribe and the residential centrum of the same. Hoachanas was further declared as an unchangeable property and reserve of the rednationtribe with 50,000 Hectar of land by the German Government in 1902, and not only with the present 14,000 Hectar of land. The missing 36,000 Hectar of land was taken by the Union administration of S.W.A. in an unjust manner and given to the white people. For this 36,000 Hectar of land taken (robbed) in an unjust manner we appeal to the United Nations Organisation and ask the UNO to let us got back the 36,000 Hectar of land which belongs to Hoachanas. This land was taken by putting a fence round Hoachanas. (The 50,000 Hectar of land quote above is not the tribalboundary.) It is imperative necessary to draw your honourable attention to the fact that as far as the grave situation at Hoachanas is concerned some churches are equally responsible with the administration and the surrounding farmers. The former head of the ex-Rhenish Mission (Dutch Reformed Rhenish Mission) Dr. H. Vedder, whose resignation as a clergy has been said to be on account of his high age but who at the meantime took up the 1 See A/3626, annex IX. more responsible position of Senatorship in the Union Parliament on his so called expert knowledge of the natives of South West Africa have made the following suggestion to the officials of the Dutch Reformed Church (D.R.C.) in 1945. (a) That the Dutch Reformed Church must take over the Mission-work of the Rhenish Mission under the heathen-congregations of S.W.A. (b) That the Rhenish Mission be bequeath to the Dutch Reformed Church. (c) That the Synode of the Dutch Reformed Church take provisional steps to take over the work in South West Africa. (d) That there are 283,000 inhabitants in South West Africa of whom 117,000 are in charge of the Rhenish Mission. (e) That there are 23 clergymen (German) in the service of the Rhenish Mission in S.W.A. Of this very important intention, decision and step upon which our whole future- spiritual-welfare depends, and the negotiations between the white leaders of the two churches the Nama-Head-evangelists who were just juggled with the word Co-LABOURER and the congregations concerned were totally not consulted about this very important step. Surely it is a true fact that the various sects or denominations arise from difference of opinion among men concerning points of doctrine and Church- government, and the Namapeople cannot be held responsible by the Dutch Reformed German Rhenish Mission for having broke away for the same reason from the Rhenish Mission. Dissatisfied with this action and the habitual wilful doctinal-negligance of the German Rhenish Mission to give our children education which will comply with the present or modern day-demants the Nama-Headevangelists and their congregations took into consideration the evils under which we labour even in religious branch. We finally decide to broke away from the German Rhenish Mission and we then joined the American Negro controlled African Methodist Episcopal Church which originates in America. (1946) The A.M.E. Church is a Christian church in the truest meaning of the word, it is not a political organisation, and is also not partaking in politics. In 1949 the dissatisfied people took out their children from the Rhenish Mission Schools here at Hoachanas as well on other quarters where the A.M.E. Church operates. There are 9 A.M.E. Private Schools, 17 Teachers and 1,500 Scholars without school since 1949 but for no reason, only because we have broke away from the white controlled church and joined the nonwhite controlled church. Since we took out our children from the Rhenish Mission Schools we are asking the administration to recognize our A.M.E. Mission Schools, but until today the administration has wilfully neglect to recognize our A.M.E. Mission Schools, and is only trying to make us feel that we are inferiors to those of the white controlled Dutch Reformed German Rhenish Mission members, only to create unnecessary hatred and illfeelings against each other. The Dutch Reformed Rhenish Mission Church and the surrounding white farmers round Hoachanas-rednationreserve who were dislocated and embarrassed in their combined plans to frustrate the A.M.E. Church, and to get us back to the Dutch Reformed German Rhenish Mission from which we fearfully fled regard this step to be very dangerous for the existence of the white farmers and the existence and continuation of the Dutch Reformed Rhenish Mission Church as far as the latter's native membership are concerned at this native reserve of Hoachanas and circuit, and they begun to make plans to remove us from Hoachanas. In order to gain something from the A.M.E. Church a very constructive plan was made. Plan 1 The tribe was divided into two religious groups (22nd June 1949) Rhenish Mission and the A.M.E. Church. On the head of each group was appointed a pas- issuer. Members of the A.M.E. Church was totally against this horrible act and they were also in an overwhelming majority, but the act was carried out by the Magistrate Mr. J. R. Du Toit of Rehoboth. (The foundation of the future horrible actions laid down ambly with this action) Plan 2 Probably the 2nd plan was the manufacturing of the make-believe karakul-pelts theft-plan meted out against us the members of the A.M.E. Church at Hoachanas. The original and the final aim of this plan was to deprive us from our properties viz. HOACHANAS ITSELF, The A.M.E. Church Building etc. Plan 3 The 3rd plan was the granting of a site to the African Methodist Episcopal Church at Hoachanas to build a permanent church-building which must be to the satisfaction of the Chief Native Commissioner (February 1952). Plan 4 The fourth plan was the taxation of our old people and then asserting falsely that they are the onliest people to whom a German people gave a Hoachanas (31st of January 1952). The main aim of this fourfold plan was and is (because the affair is continuing) to deprive the younger generation of the rednationtribe from their inheritages and to force the few old inhabitants afterward to go back to the Dutch Rhenish Mission. The building must then be bequeath to the Dutch Rhenish Mission. When the site was measured to us by the welfare officer Mr. F. Balt, we begun to build the church (The site was measured on the 31st of July 1952. This measuring of the site falls together with the issuing us with the so-called temporary permits 31st July 1952) We did not know before why this was done so, but now we know why this was done so. (Size of building 70 x 30 x 14 this is Length x Breadth x Height). When the churchbuilding was about to be completed in February 1956 the manufactured make-believe karakul-pelts theft-plan for that exclusive purpose was applied. The state-police was the executives of the horrible barbaric and unchristian devil's business. The members of the Dutch Reformed German Rhenish Mission was their tools. They were beaten by the police, tortured and strangled and dictate to say what is not true. They must betray themselves as well as the members of the A.M.E. Church. They were instructed by the police to say that they have stolen karakul-pelts of their respective farm-masters and sold the same to us the members of the persecuted A.M.E. Church. (Simon Janse who was most severely ill-treated was even ask by the detective sergeant Rossouw of Gobabis where we the members of the A.M.E. Church got all the money to build such a magnificient church-building. Simon's answer to the detective was that even tickeys can do great things. They were told that if they say that they have stolen and given the karakul-pelts to us and we sold them to Mr. Ch. Frank P/Bag Lidfontein:Handelshuis. Lidfontein,. via Mariental. If they say this they will be freed and the A.M.E. Members will be arrested. They were further instructed and informed that the alleged removal is not for the members of the Rhenish Mission, only the members of the A.M.E. Church will be removed. The people of the Rhenish Mission, even at Hoachanas was instructed by the police to say that they are willing to go away from Hoachanas. They did this. While the police was busy torturing, beating and strangling the people on the farm namely Wolfputz, Mr. Allen the Chief Native Commissioner was busy to intimidate and force us here at Hoachanas. (This nasty affair is continuing. Please help us. Send a UNO commission to investigate to this situation at Hoachanas. Members of the A.M.E. Church on farms may not come to Hoachanas particularly from the northern side. The Derm-police do not want the members working on the farms to attend Quarterly Church services. The ministers of the A.M.E. Church is not free to visit their members on the farms. (The police of the newly opened police-station at Derm about 18 miles north from Hoachanas is closely co- operating with the unordained evangelists of the Dutch Reformed German Rhenish Mission at Hoachanas. It is more better to say that the whole church is controlled by the police, and the police is controlled by the church. Really a chaotic situation is prevailing here. Please send a commission and investigate these dreary scenes. The members of the Dutch Rhenish Mission may attend their Quarterly Church services at Hoachanas and the Rhenish-evangelist may visit their members anytime. One is arrested even if he is in possession of a pas by the police of the newly opened police-station at Derm about 18 miles north from Hoachanas.

Only houses of the A.M.E. Church members at Hoachanas were searched after the unstolen and unmissed karakul-pelts. The houses of the members of the Rhenish Mission were totally not searched. The house of the Rev. M. Kooper, the resident elder of the A.M.E. Church at Hoachanas, who fourty (40) years back have born on this same Hoachanas rednationreserve, who never before was convicted for. this or any kind of crime, a man whose career and record is clean as far as court cases and any other irregularities are concerned, whose moral and official character has been examined and passed in the S.W.A. Annual Conference held at Windhoek 1955. The reason why Mr. Ch. Frank was convicted is obvious. We bought all the building material from Mr. Frank, like cement, building lime, roofing material, doors and windows were all bought from Mr. Ch. Frank. We also transport the building material from Lidfontein: Handelshuis up to Hoachanas by Mr. Frank's lorry, and load sand with the same. Another reason why Mr. Ch. Frank was arrested is that it must be believe that we the members were in a illegal handling of karakul-pelts, because even if we have karakul-pelts of our own it will never become money unless we sold it to a whiteman. For the slander that was meted out against him Mr. Frank who is financially able consult attorneys and advocates for his defence and to find the origin of his conviction, his case is about to be settled and he also claimed £3,000 to the "Suidwester" the Nationalist Local Newspaper that published the slander. Surely Mr. Frank will get that amount of £3,000. The same slander have has been published against us the members of the A.M.E. Church but even if we claim money for the same slander that will never be paid out to us. We appeal to Her Excellence the United Nations Organisation to claim £6,000 from the South West African administration for the slander she meted out against Us. On the 31st of January 1952 the administration say that Hoachanas is temporary reserve and on the 31st of July 1952 grant a site and demand the A.M.E. Church to bui d permanent Church building which must be to the satisfaction of the Chief Native Commissioner, and that the church must be build by an experienced builder. Although the intention of the farmers through the administration to remove us from Hoachanas is not a new idea, we were never forced and intimidated as in 1956 up to now. The United Nations Organisation will spare much time and energy if she place S.W.A. under the Trusteeship of the United Nations Organisation immediately after receiving this petition. It will not pay for the Great Organisation of the world governments to urge the Union Government in an effort to place S.W.A. voluntarily under the Trusteeship of the United Nations Organisation. The Union Government who is since 1956 busy with what she called a gradual incorporation of S.W.A. into the Union of S.A. will never agree to place South West Africa under the Trusteeship of the United Nations Organisation. Since last year we the Nama people of South West Africa are urged and demanded by the Chief Native Commissioner Mr. Allen to commit suicide. While we are the onliest people in S.W.A. known by that national and traditional term "NAMA" we are instructed to say that we are no more "NAMA". Only by the naming NAMA and by our language, our physique and colour can we be distinguished from others, our countrymen of S.W.A. who are not NAMA. We are demanded to say that we have become Bantu, a term which has absolutely no relationship with any of us the natives of S.W.A. and more particular with us the Namas. The onliest people known by the naming or term "BANTU" are the natives 6f the Union of South Africa. This is what the Union Government called a gradual incorporation of S.W.A. into the Union of South Africa. Sirs, only if S.W.A. be placed under the Trusteeship of the United Nations Organisation and that placing of S.W.A. even be carried out immediately even before the end of the running year without any further arguments and delay shall we the poor inhabitants of South West Africa be freed from this eternal slavery. The Union Government is no more waisting her time by sitting and arguing about S.W.A. in the United Nations Organisation. The Union Government is practically incorporating S.W.A. into the Union of South Africa. We are speedily and rapidly swallowed by the Union Government. Please send UNO Commission immediately to investigate the situation at Hoachanas and the whole S.W.A. There is another sweetsound innocent suggestion or intention of a so-called "NAMA-TRIBAL-FUND" with which Mr. Allen is busy urging us to have only one and the same NAMA-TRIBAL-FUND while we are on different traditional tribal places and residences. While we the inhabitants of Hoachanas and the members of the rednationnama-tribe in principle approves the idea of TRIBAL- FUND we do not want to be misled by the term goodsound term NAMA- TRIBAL FUND, because there are different namatribes residing on different traditional dwelling places like Hoachanas from where we cannot be removed without our consent. One NAMA-TRIBAL-FUND thus only means to us only one reserve for all the NAMA-PEOPLE. This is thus only a method of taking away the small lands occupied by the people to give it to the white people. We perish in this South West Africa, there is no human treatment meted out to us the natives of South West Africa. Our letters are arrested and is dangerous for us to say all we suffer and experienced daily. In case the United Nations learned that we the inhabitants of Hoachanas are no more at Hoachanas the United Nations Organisation are already told that such will haben only by force, because we are totally not determined to go away from Hoachanas our inheritance. No body should have the right to assert that we have move voluntarily and on our consent. Hoachanas is fertile agricultural place if only we be helped to improved our irrigation. Any longer and further delay from the side of the United Nations Organisation to place South West Africa under the Trusteeship of the United Nations Organisation only means to the Union Government that the UNO is approving her actions of enslaving us for the purposes of cheap-labour and to continue with the gradual incorporation of S.W.A. into the Union of

South Africa, until finally the Union Government totally resigned her membership from the United Nations Organisation with South West Africa incorporated, and then the Union Government will become REPUBLIC in which nobody will have the right to say this or that about us the natives of S.W.A. The Union administration of S.W.A. is helding the Rev. M. Kooper of the A.M.E. Church responsible for our petitions and even for our refusal to move from Hoachanas, please help and ascertain Rev. Kooper's protection. Let S.W.A. be place immediately under the Trusteeship of the United Nations Organisation without any further delay. We Perish I ! ! ! ! ! Let UNO send her Commission to investigate to our situation and the general conditions under which we natives of S.W.A. suffered. Let the administration of S.W.A. be told to give us back our 36,000 Hectar of land that belongs to Hoachanas immediately. Let the administration immediately open our A.M.E. Mission Schools here and on all places where A.M.E. Private Schools exists, and that the education of our children no longer wilfully be neglected, and that our teachers of the A.M.E. schools be paid their full salary from the administration. Let the farmers and the administration get out the way of the A.M.E. Church for the A.M.E. Church have never interfere with their business. Let the burden place on the A.M.E. Church for 12 years long be leaved and relief by the administration. Hoping that this petition will receive sirs your careful and undivided attention as the situation of Hoachanas is too complicated. (Signed) Johannes Dausab Daniel Dausab Karl Temotheus Dausab Simon Kooper Afraim Afrikaner Matheus Kooper J. Nakkom Jacobus Nugassab Methusalag Nodded Jehannes Howeseb Frans Nakkom Samuel Howeseb Enclosures Two photographs of a church, with the following captions:2 (a) Photograph of completed church: "The A.M.E. church building that caused much unrest. Exclusively build by the natives of South West Africa with the tickeys and sixpences of the natives of South West Africa. Even women and children do their most sacrificial work. Totally no help from the whites. School in progress. After inauguration 1st July 1956." 2 These photographs have been retained in the files of the Secretariat. (b) Photograph of church under construction: "The work of the A.M.E. Church at Hoachanas rednation reserve in progress, about to be completed, during the course of May 1956. Nama men busi putting on the principals." 2. Communication dated 10 January 1958 to the Secretary-General Under daily deteriorating and increasingly hardened conditions of uncertainty as to our dwelling on this our traditional residence from the side of the administration of SWA, despite what the UNO may have recommended with reference to the general conditions under which we lives, and with reference to the intented removal of us here and the treatments connected thereto, we herewith inform the Committee on SWA that we have received her Communication FILE NO :-TR 240, dated the 6th December, 1957,3 while we on the 25th of December 1957 in memory of the unbearable conditions under which we since 1956 in an extra hardened form of human suffering preferably have celebrating the Birth of our Blessed Redeemer in the heat of the South West African summer sun instead of celebrating it as usually under the roofs of our feeble houses. "They may refuse to their death but they will certainly be removed has become a public proverb of the farmers we hears by every turn and on every hand". From an innocent arresting of five men of Hoachanas on the third day of February 1956 of whom the names have been recorded in the petition of 1956 the situation has developed to such a height that the Summons of which a copy is attached herewith has been served on a person called MARKUS COOPER and refer to in the Summons as the Defendant of the cause of our refusal to move from Hoachanas. On the 16th of April 1956 the Chief Native Commissioner said that we will be treated as trespassers. This proclaimed treatment has been and still is practically carried out ever since that date. This act of Summoning us one by one individually to exercise pressure on that person for the tribal refusal is only a new page in the organized program of actions and measures to be carried out against us to effect our removal. Dealing with individuals have now begin, the act which is a victimization. We urgently appeal to the United Nations Organisation for immediate command of order to the administration of SWA, and for the protection of Rev. . The prevailing situation at Hoachanas has been created wilfully with the single purpose of depriving the A.M.E. church from Hoachanas, and there is no denying of this fact, and that by a government which claimed to be a democratic and Christian Government, and that against the people for whose well-being it has been entrusted the Mardate of South West Africa. The A.M.E. Church originats in America, and has her offices and officers in the City of New York where the seat of the United Nations Organisation is situated. The very act that has stimulated us to bring the pre3 Letter transmitting to the petitioners General Assembly resolution 1136 (XII) of 25 October 1957 and other documentation relevant to their former petition dated 10 October 1956. vailing nasty affair of disfiguring our characters by manufacturing for us to be thefts and liers, the bad qualities which we from our fathers' day up to now with greatest of jealousy have guarded by the help of the Almighty God under the honourable attention of the United Nations Organization comes from the white people and that only to remove the A.M.E. Church on our cost of suffering. It is by no means the A.M.E. Church that has stimulated us to refused to move from Hoachanas. The intention of the white people through the administration that we should be vacate from Hoachanas for their allocation exist from 1920, and it is only because we have refused all along that the A.M.E. Church who came only in 1946 has found us on Hoachanas. It is the actions of churches of white administrations that has drive a great number of Nama inhabitants to the A.M.E. Church. The A.M.E. Church is not a political organization nor is it a non-white peoples' or, as usually termed in South Africa and South West Africa a native church. It is but a Christian Church. For your information as to the Christian Doctrines, the policy and the government of the church, the church is in America. If the other churches who came to SWA should have native adherents why should we not adhere to the A.M.E. Church? If adherents of other churches can reside at any place particularly those of the exRhenish Mission and the Dutch Reformed Church, why should it not be the case with us the inhabitant members of the A.M.E. Church? If natives who are members in other churches should have the right to claim to be the original or indigenous inhabitants of South West Africa where has our right to do the same decline to exist? Coming back to the question of Summons we must declare that the person refer to as Defendant, namely Rev. Markus Kooper is an ordained minister of the African Methodist Episcopal Church. From his foregrandparents he is an original inhabitant of Hoachanas. He himself has born 40 years back at this same Hoachanas. His house was the search-centrum after the karakul lamb pelt by the police of the Derm policestation in 1956. He is a Teacher-Preacher. The refusing of the inhabitants of Hoachanas Reserve is since their being urged to move from Hoachanas, but there was no Summons served on no body. Another feature in this Summons is that the administration is separating which ought not to be separated, that is the removal of the residents and the karakul lamb pelt-theft affair which has a close relationship to the removal. One more quite peculiar phenomenon of this Summons is that the Hon. the administrator for South West Africa has two quite different names, or that there are two administrators in and for South West Africa. The name of one administrator is DANIEL FRANCOIS DU TOIT VILJOEN and the name of the second administrator is DANIEL THOMAS DU PLESSIS VILjOEN, both of them administering the Government of South West Africa. Summons ought to be served if however our refusal be regarded a criminal transgretion to all the Rednation tribe and not to individuals as such. We never gave the name of Rev. Markus Kooper to the administration to be styled as Defendant for our refusal. Our fathers found Hoachanas' fountain, the onliest water supply for the agricultural as well pastoral purposes, and it is our duty as descendants to defend our rights to occupy this heritage of ours. We earnestly request the United Nations Organisation not to regard this treatment as merely measures of forcing, because we are suffering. The starting point of this inhuman actions is the A.M.E. church, and it is because all methods have failed that Rev. Kooper has been Summoned. Hoachanas gave not less than 24 sons to the World War II, when she was ask to do so by the administration of SWA. When the war was over the European ex- servicemen were given farms and live-stock etc., Natives on other quarters may have been given some valuable properties such as furniture etc., but we of Hoachanas have not been given a farthing (1/4 d). For us thus the war is continuing. In comparison to what has been done for the other ex-servicemen Hoachanas was collected £15.-.-, which we were told shall go to the South African Air-Force. That is all we have had as our reward. For many years we have ask the administration to improve our water supply for the purposes of agriculture and farming. We were given assurances that this problem will be attended to very soon. Last time when such promise was made was in 1954. The administration will give us tools to make dams the field for irrigation and farming. We must supply free labour, the Government will give tools and meali-meal, there will be no payment, because the system is for our own interest. All that was done to us is that the existing agricultural lands have been reduced. It is imperative for the UNO to know that our petition has precisely doubled the treatment for us here and our people working on farms. The salary of the pass-issuer has been withdrawn since October 1956. He was told by the Magistrate of Rehoboth that he has no right to issue a pass, but if his people be found by the police without passes they will be arrested. He will have no pay. His pay was £2.5per month. After having took the dangerous command into consideration we conclude this command to be illegal and unauthorized. We as pass-bearers advice the pass-issuer to continue with the issuing of the pass, and we the pass-bearers dictate by the circumstances although we are against bearing pass shall undertake to pay him. Since January 1957 we pay him for the issuing of Government's pass. At present his salary is £3.-.-. per month. Honourable members of the great organization, we do not know what the South West African Government is wanting from us. Whose institution is the pass that we should pay for it? Even if they are in possession of a pass our people are arrested. As far as we can define it, the pass is a means of force-labour, a restriction of free movement etc., that is all use of the pass. One of our sons who was in the service of the roads has leave that employer and wants to come back to Hoachanas from where he was taking that employment. He was refused to be issued a pass and was sent to the police at Derm who on their turn gave him a pass of two days to a certain farmer. That farmer wants him to graze his sheep, the boy does not want sheepherding. The farmer who has no work leave him. (A method of force-labour). We urgently and earnestly appeal to the United Nations

Organisation to be delivered from this irresponsible actions of South Africa, and that SWA immediately be place under UNO. Your humble servants, for the Rednation: (Signed) Johannes Dausab Daniel Dausab Gert Pienaar Themotheus Dausab Simon Cooper E. P. Afrikaner E. A. Jaseb F. Nakhom J. Nakhom Matheus Kooper Christian Afrikaner Isaak Naneb Neels Kooper S. Haweseb S. Jantoe Goli F. Kooper Jacobus Nuganab Rubeni Guriseb Rubeni Guriseb Gurtat Nakum Frans Goageb Hans Velskoendrau Jaclomor Nakum Enclosure A Illiquid Summons ELISABETH THE SECOND, by the grace of God, Queen of South Africa and of her other Realms and Territories, Head of the Commonwealth: To the Sheriff of South West Africa, or his lawful Deputy, Greetings: COMMAND MARKUS KOOPER, of Hoachanas hereinafter called the Defendant, that within 14 days after the service of this Summons, he cause an appearance to be entered in the High Court of South West Africa, at Windhoek, to answer DANIEL FRANCOIS Du TOIT VILJOEN in his capacity as the Administrator for South West Africa and as such the Officer administering the Government of South West Africa hereinafter called the Plaintiff, in an action wherein the Plaintiff claims (1) An Order of ejectment against the Defendant from the property known as Hoachanas herein described as situate within the Magisterial District of Rehoboth, South West Africa and extending from the Western corner beacon of the farm Gemini, No. 119, situate in the Magisterial District of Rehoboth, South West Africa, along the boundaries of but with exclusion of the following farms in this sequence namely Gemini No. 119, Wolfputz No. 121, the remainder of Gomchanas No. 122, the remainder of Blankanese No. 140, Portion 1 of Sekretarispan No. 191, Panama No. 182, the remainder of Bitterwasser No. 116, Judd.a No. 117 up to the western corner beacon of the farm Gemini No. 119, being the starting point (2) Alternative relieve (3) Cost of suit. As set out in the Declaration hereto annexed. As it is said :-and serve on the Defendant a copy of this Summons, and return you then and there this Summons, immediately after the service thereof, with whatsoever you have done thereupon. WITNESS: The Honourable CORNELIS JOHANNES CLAASSEN, Judge President of the High Court of South West Africa at Windhoek, the day of in the year of Our Lord thousand Nine Hundred and (19) (Signed) L. V. Postma. Plaintiff Attorney L. V. Postma. Government Attorney, High Court Buildings, WINDHOEK (Signed) L. V. POSTMA Plaintiff Attorney Registrar of the High Court of South West Africa Take notice that the Plaintiff has appointed the Office of L. V. POSTMA Government Attorney, High Court Buildings, Windhoek at which the Plaintiff will accept notice and service of all process in these proceedings and that you are hereby required, if you wish to defend these proceedings to appoint an address within three miles of the office of the Registrar at which you will accept notice and service of all process in these proceedings. Enclosure B Plaintiff's Declaration 1. The Plaintiff is DANIEL THOMAS DU PLESSIS VILJOEN, in his .capacity as Administrator of South West Africa, representing the Government thereof. 2. The Defendant is MARKUS KOOPER of Hoachanas, South West Africa. 3. The piece of land known as Hoachanas is situate in the Magisterial District of Rehoboth, South West Africa and stretches from the Western corner beacon of the farm Gemini No. 119 situate in the magisterial district of Rehoboth, South West Africa, along the boundaries of but excluding the following properties in succession, namely GEMINI No. 119, WOLFPUTZ No. 121, Remainder of GOMCHANAS No. 122, Remainder of BLANKENESE, No. 140, Portion 1 of SEKRETARISPAN No. 191, Remainder of SEKRETARISPAN No. 191, PANAMA No. 182, The Remainder of BITTERWAsSER No. 116, JUDAA No. 117 up to the Western corner beacon of the farm Gemini, No. 119, being the point of beginning, and is crown land which is vests in the said Government. 4. The defendant resides on and is in occupation of the said Land, and his residence and occupation is unlawful. 5. By notice dated the 3rd December 1956, a copy of which is attached hereto marked A the Defendant was duly notified that he must vacate the said land on or before Monday 31st December 1956, but the said Defendant has refused to vacate and still is in occupation of the said land. The said notification was issued on the instruction of the Plantiff.

WHEREFORE the Plaintiff prays for. 1. An order against Defendant and ejectment from the property known as Hoachanas and described above. 2. Alternative relief. 3. Costs of suit. WINDHOEK 5th December, 1957 (sgd) L. V. POSTMA Government Attorney High Court Buildings, Windhoek, Attorney for Plantiff (signed) I. Goldblatt, Plaintiff's Council. 3. Communication, undated, to Messrs. Harry Bloch & Co., Solicitors, Windhoek A copy hereof has been directly submitted to the S.W. African Administration via the Attorneys below.4 Re: Summons on Rev. Markus Kooper With reference to your letter dated the 5th December 1957 and a copy of Summons herewith attached served on Rev. Markus Kooper do we the residents of Hoachanas express our appreciation to you as our Attorneys for the work you have done for us so far in the existing case and hoping will be ready to continue to do it. For your own information and convenience Sir we wish to inform you that the person to whom you have been directed to served the Summons is an ordained minister of the African Methodist Episcopal Church, who in general is known to us as Rev. Markus Kooper, and not merely as Markus Kooper. It is however an irrefutable fact that he from his fore-grand-parents is a genuine born Hoachanaite and that he thus together with us is an original of Hoachanas. In so far as this case of refusing as the original tribe of Hoachanas, to be removed from our heritage which we inherit from our ancestors being not a case which ought to be handled with individual persons and for which individuals such as Rev. Markus Kooper ought not to be held responsible, and in so far as we did not direct and introduced the administration to Rev. Kooper to regard him as such, and in so far as our arguments of refusing is based upon our original rights as a tribe, do we take the liberty and accountability as a tribe upon us to answer you as follows with reference to the Summons served on Rev. Kooper. (a) That Rev. Markus Kooper on ground of the above mentioned reasons will not come to have an interview with you regarding the matter. In so far as the aimed removal for us the residents of Hoachanas Reserve and the karakul-lamb-pelt-theft thereto coherent and connected which was imposed upon us with a premeditated and pre-planned purpose is concerned, whereof we already gave our partial declarations to you is an inseparable unity which for the sake of peace and justice ought not to be divided and treated separately, whereof the last mentioned, the karakul-lamb-pelt-theft was made to serve as a front or mouth- piece by means of which our rights of claim4 Note by the Secretariat: This sentence was a handwritten note. The balance of the letter, transmitted to the Director of the Trusteeship Division, was a typed original with corrections in ink. ing our tribal-inheritance which we occupy over Hoachanas were to be destroyed, and by means which we were to be frightened, and by means through which our properties including Hoachanas were to be taken from us by force, do we the tribe herewith apply to you to make an alternative application to and through the High Court of South West Africa to the administration of South West Africa that the case of our refusal be returned and withdrawn and that the case of our being thefts which the administration seemingly is to shift out, served first in the Court. Herewith we return the Summons served on Rev. Markus Kooper and request that the whole tribe be Summoned. A copy hereof together with a copy of the Summons has also been submitted to the UNO, and for this case we appeal to UNO. (Signed) Johannes Dausab Jalomou Pakono Daniel Dausab E. P. Afrikaner Themotheus Dausab Simon Jantse Gert Pienaar Rulen Gariseb Simon Kooper Gurtat Nakum E. A. Taseb Frans Flsaageb Christian Afrikaner Hans Velskoendraer J. Nakhom Samuel Howeseb Isaak Naneb Johannes Cloete Neels Kooper Jacobus Mugauab Johannes Cooper Methusalag Noedeb Frans Nakkom Enclosure A Copy of a letter dated 24 December 1957, in Afrikaans, with a translation into English, from Harry Bloch & Co., Solicitors, to Markus Cooper, Hoachanas5 re: INHABITANTS OF HOACHANAS RESERVE With further reference to the above mentioned case we must inform you that the Summons has been serve on us by the Government's Attorney from the High Court of South West Africa. A copy of this Summons are attached herewith and it will be clear thereout that you and all the residents the Hoachanas Reserve on or before the 31st of December 1957 must vacate. We therefore offer that you immediately after the 1st of January 1958 must come and interview us in connection with the above mentioned case, as we, according to your instructions this case on behalf of the inhabitants of Hoachanas Reserve must drive. HARRY BLOCH & CO. Enclosure B Copy of a "Plaintiff's Declaration"" Enclosure C Copy of an "Illiquid Summons"' 5 Note by the Secretariat: Only the English text submitted by the petitioners is reproduced here. It is a literal translation of the Afrikaans text which has been retained in the files of the Secretariat. 6 Note by the Secretariat: An identical copy of this enclosure was transmitted by the petitioners under cover of their letter dated 10 January 1958. See above enclosure to item 2 of this annex. 7 Note by the Secretariat: This enclosure has been retained in the files of the Secretariat. It is similar to the copy of an

4. Communication dated 20 June 1958 to the SecretaryGeneral PETITION Both of our former petitions8 have been handed over to the Chief Native Commissioner representing the administration of SWA and the Union Government to resubmit the same to the United Nations Organisation. We hold that South West Africa is a Mandate, constituted by the League of Nations and assumed by the Union Government as a Mandatory in 1920, and that therefore South West Africa is by no means a fifth province of the Union of South Africa. It is thus our firm standpoint as the indigenous inhabitants of South West Africa, who, totally have no voice in the government of our country, besides which there is no country in the whole wide world which we rightfully can call to be ours, that the United Nations Organisation is the onliest body dignified and competent enough with her actually practiced "Motto" of PEACE, JUSTICE and SECURITY for all to whom we, the helpless, the voiceless, the outcast 'and severely oppressed indigenour inhabitants of SWA can flight for succour. It is also our opinion and standpoint that the United Nations Organisation is the onliest body competent enough, who, with the consent of us the outcast indigenous inhabitants of SWA can change the Mandatory Status of South West Africa. We, the inhabitants of Hoachanas stand very much in a position of criminals before the bar of the Union Government and the white subjects who votes for the country's government because we have dared to be the exposers and opponents of the views and the long borne unchristian practices and of the white-skinned people in South West Africa through which they fought and fight for their so called superiority. The treacherous actions, including the most horrible action of 1956, meted out against us the inhabitants of Hoachanas, an action through which our human- dignity have been profane most horribly have not only shaken our little hope, expectations and confidence in the race who most wrongfully claimed to be God's chosen race to dominate over us the non-white races of South West Africa. They themselves have drive away the little confidence we had in them. Our onliest hope is thus vested in the United Nations Organization only, and we therefore with all the honesty of our hearts pray that the whole of South West Africa and not only a part of it without any further argument and delay be placed under the direct supervision of the International Trusteeship System of the United Nations Organisation. That is the onliest way through which we shall be freed from this eternal slavery. The great God of heaven and earth have seen fit in His wise providence to vary things in their colours and natures. There are no two voices alike-no two trees alike etc. God has seen fit to make some white, and some red, and some yellow, and some black. We the Nama people of South West Africa belong to the category of the yellow-skinned peoples of the earth. "Illiquid Summons" enclosed by the petitioners with their letter of 10 January 1958 and reproduced above as enclosure A to item 2 of this annex. The textual differences in the two copies are as follows: the text as reproduced in item 2 of this annex does not show "the remainder of Sekretarispan No. 1917 as one of the farms bordering Hoachanas, and includes, in the notice by the Plaintiff's Attorney the words "and that you are hereby required, if you wish to defend these proceedings", these words being omitted in the copy retained in the files of the Secretariat. 8 See items I and 2 of this annex. Dr. H. Vedder, the honoured knower of the non-white races of South West Africa and the writer of the history of the non-white races of SWA in his description of the intelectual abilities and potentialities of the various indigenous races describe the Nama as follows. "The Nama is spiritually alive, grasp and learn quickly, has a good memory, is skilled and handy in light works. What is written in the old books about the dullness of Nama may be true only of his behaviour in an environment which is totally strange to him. A thorough study has revealed that this race is the competentest of all the South West African races. His sensitiveness is usually tender and he reacts quickly on right or wrong. Perseverence in any respect to his characteristic and sensible economy with a view on the future does not belong to his virtue". Sirs, we totally disagree and differ very wide with the last statement of Dr. Veddar, because if there has been any non-white race in this country who borne the white-man's claws of oppression more than the others, if there has been a non- white race in this country whose struggle for existence has been handicaped so gravely by the white people who govern South West Africa from the very beginning not as a Mandate but as captured fifth province of the Union of South Africa in which we the non-whites have been only made to feel us strangers rather than as subjects, if there be a non-white race in this country who has been made to make his existence by licking on a muscleless dry bone and yet who have been very patient, surely that is the Nama race. We the present Nama generation are accounting for the disputes between the Germans and our predecessors of fifty years back. Cases may be found where men have been deprived of their rights for crimes and misdemeanors; but it has remained for the administration of SWA to call a man before the bar, to charge him there with an act which he is no more responsible than for the head which he carries on his shoulders. No man has ever been deceived in our race in this country for his religion than Rev. M. Kooper, the resident elder of the African Methodist Episcopal Church have been for the last five months. One Summon after the other has been served on him for the tribal refusal and petitions to UNO. Why sirs, it appears to us Namas quite strange that after having told so plainly about the good qualities of the Nama by a person whom they honoured as the expert knower of us the indigenous inhabitants of SWA Mr. J. G. Van der Wath, the hon. member of the Executive Committee of South West Africa make the following analysis in which the creation of God has been gravely confused by assigning an honour of creating things to the devil which he actually not did. In 1942 at Stamprietfontein while he was a Principal of the Agricultural School Mr. Van der Wath comparatively describe God's creation as follows. "God made heaven and earth and all the useful things in them. The devil also wanted to make things and he make all the useless and nuisance-giving things. So God made the sheep, and the devil also wanted to make a sheep and he make a goat. God made the bee to make honey, the devil also wanted to make a bee and he make a fly. God made the horse, the devil also wanted to make a horse, and he make a donkey. God made man, the devil also wanted to make a man and he make the Kaffirs, the Hottentots and the Bushmen" concludes Mr. Van der Wath. Just few years later after he made the above description or comparison Mr. Van der Wath was sent to the Legislative Assembly of South West Africa. Sirs, Mr. Van der Wath's comparison presents the real doctrine of the white people and the administration towards us the non-white people of this country of ours. We, the indigenous inhabitants are equalize with the animals. We are assigned as devil's creatures. Now sirs, are we really not human-beings? Are we really devil's creatures ? ? ? ? ? ? ? ? ? ? Sirs we have totally no representation, equal or unequal in the government of our country. The post Chief Native Commissioner, Welfare Officer, Location Superintendents serves no satisfactory purposes. These are the most deadly offices for us, and no matter what any other white may say about that, it is true. If the white man can be represented by the white people in the government of the country how is it impossible for the non-white to represent his constituents? If a nonwhite cannot represent his constituents we want to know how a white man who has been sent to the governing bodies by white votes can represent non-white constiuents who have not sent him there? In emergency of war the white man call us brother, but even if tomorrow a war should arise, we would not raise a muscle to defend a country which did not defend us and wherein our manhood is horribly violated and denied. The fashionable way in this country when hard work is to be done, is, for the white man to sit at his ease or get into his shining cart to the meetings of the Farmers Unions etc. Throughout years we have show by our conduct that we Namas are good citizens just as good as any citizen of any colour. Until today we have not refused to pay our taxes, we have obeyed all orders of our employers, we have take good councils from friends, we have worked faithfully, and earned honest living. The white people of South West Africa have monopolise all the elements of superiority and we continue to do it unhindered unless South West Africa be placed under the direct control of the United Nations Organisation. They have our right of citizenship and theirs. They have our money and theirs. They have our education and theirs too, and they have our land and their land too. We, who number hundreds of thousands, the Nama, Herero and others in SWA, including our wifes and children with not even a foot of land to call our own, strangers in the land of our birth, without money, without education, without aid, without a roof to cover us while we live. It is extraordinary that a race such as the whites in South West Africa, professing education and superiority, living in a land where ringing bells call child and parent to the church of God, a land where Bibles are read and Gospel truths are spoken, and where courts of justice are presumed to exist, we say that with all these advantages on their side, they can and are making war upon us the defenceless poor blacks of South West Africa as Mr. Allen has so strictly express the word at Hoachanas 16th April 1956. "YOUR CHILDREN SHALL LIVE AS BIRDS AND WILL HAVE NO FIXED ABODE." The white people know we have no money, no Road Motor Services, no Railroads, no telegraphs, no advantages of any sort, and yet all manner of injustice is place upon us. They know that we the non-white people of South West Africa acknowledge them as our superiors throughout, by virtue of their education and advantages. The acknowledgement which they have abused. We have been authorized by the horrible actions of the white people to write petitions to UNO, yet the white people now seek how they will torture us more than before, so if we be killed in this campaign, we may have no opportunity any more of telling the United Nations Organisation about the blackman's condition of living as it really exist in this country of ours. We are horribly persecuted because of our religion by a government who claimed to be a democratic government in which every body has the right of worship whom they, he or she wants to worship, and where and how he wants to worship. Sirs, we the Nama people know the white man for centuries, and we have bear the white man as long as we know him. We have been slaves long enough, educationally, socially, religiously, economically and politically we do not want to be merely tools of that sort any longer. We demand freedom from UNO. By expelling us and denying us from the direct participation in the government of our country, the white people may think that they are doing themselves an honour without thinking that as long as they denied us our deserved rights under an excuse of Union Bantu Outhority Laws which they are now introducing through the Rhenish Mission Schools since 1956 to indoctrinate our children they make us their political enemies. Sirs, if the white man who came too late to this country do not want to see us as Mr. Allen has express it so fittingly on the 16th of April 1956, then we say let the white man go away. One summon after the other have been served on Rev. Kooper since December 1957 for these petitions of ours. The United Nations Organisation on recommendation of the Committee on South West Africa have took the resolution that we should remain on the places on which we want to remain yet the Union Government have not stop to drive us away from the places where we want to remain and where we have been for centuries. The "Pass" is not a change of address. It is only a means of force labour and a restriction of our free movement. On the 24th and 25th of April 1958, just shortly after the general election Dr. Eiselen, secretary of the Department of Native Affairs in the Union was in Windhoek, and held a meeting with the officials. He expressly said that the government will proceed with its Native policy of removing us from our long dwelled places, because the results of the election has shown that the "nation" is satisfied with the nationalist policy and has therefore strengthened Dr. Verwoerd's hand to carry out his policy. It was about between 1920 and 1930 that Mr. Minnes, a district Magistrate at that time on Rehoboth urged us to move from Hoachanas to the present Aminuis Reserve of the Herero people. When we refused to move from Hoachanas with the same reasons on which our present refusal is based, he said: I will build fence around you or I will fence you in and you shall eat the lime stones and if you ask help from me I shall close mine ears for you, and will not help you. It was precisely after this statement that the fence round Hoachanas was build and the 36,000 hectar of land was taken which belongs to Hoachanas reserve. Sirs this matter is really too earnest for us and we want to know what the actual meaning of the word Mandate is. Does Mandate mean that the government who has been entrusted the Mandate should enslave the original inhabitants of a Mandated territory or to estrange their originality in such a Mandate. If not when shall we have our own farms, and as the land has been devide up for the whites only where shall we have our farms in case we shall have farms? There is no single Nama, Herero or Damara who has his own farm. We ask that South West Africa be place under the supervision of the United Nations Organisation. We ask that Hoachanas be given back its land so that its size be 50,000 hectar of land as the Gernan government had made it to be. We ask that the A.M.E. Schools without any further delay be recognized and subsidized by the government like other Mission Schools in the territory. We ask that we the inhabitants of Hoachanas be compensate for the slander or profane of our good name meted out against us with the sum of £6,000.0 or let it be very urgent for the United Nations Organisation that the karakul pelts be presented to us. When the prices of cattle, sheep etc., are up then we are told that the price has fallen. We nearly do not get anything for our animals. If it seemed that our farming of cattle or sheep goes forward, deseases are found in our animals, and that animals are removed, and so our progress are carefully watched by the Welfare Officers and so on. All Namas will account for our refusal and petitions to UNO so we take the liberty of speaking for all the Namas as far as the general conditions are concerned. (Signed) Johannes Dausab E. A. Jaseb D. Dausab Timothens Dausab Simon Kooper E. P. Afrikaner Matheus Kooper Samuel Howeseb Methusalay Noedeb Johannes Howeseb Neels Kooper Jacobus Naganab J. Nakkom SUPPLIMENT Sirs, in connection with the temporary permits issued to us the residents of Hoachanas by the Magistrate of Rehoboth and the Welfare Officer from July 1952 onward we want to explain some deadly aspects of the matter. Firstly, we were told that all those people who are in or who will be in possession of the temporary permits will dwell unhindered at Hoachanas and that all those residents who will be found not in possession of the permits will not be allowed to dwell in the reserve. As we have found the implication of this information to be very dangerous we immediately begin to asked permits for our families and relatives on the farms at the time the permits were issued. In some cases we obtain the permits but in some cases it was said that the permit system is only for the immediate residents of Hoachanas reserve, and not for the Namas on farms even if they originate at Hoachanas and so it was totally refused. Sirs, we have repeat this affair as it is very serious to us, and to show the general methods of the adminis- tration as far as we the natives of South West Africa is concerned. If the administration of South West Africa wants us not to refuse to a plan which she wants us to agree to, then the administration's officer simply tells us the matter precisely in an opposite direction in such a nice sweet sugard words and we believe that we have been told what is meant, but we very soon afterward find out that we were just misled, and if we name what we were told then comes the real matter and the officer then said that he could do nothing in the matter as we have already agree to it. This was the case amongst much and many other cases when Mr. John Neser, the former Secretary for SWA and ex-Chief Native Commissioner for SWA promisingly told us the members of the A.M.E. Church at Hoachanas on the 13th May 1949 that the administration is only looking to see whether we are determined in the new undertaking of the A.M.E. Church or whether we will not turn to any other church or to the Rhenish Mission. When we were grant a site in 1952 we thought that the administration was judging that she has found us to be determined in our undertaking, but when the karakul-pelt theft was set in motion in 1956 against the A.M.E. Church we realised and understand for the first time Mr. Neser's speech and statement that it was just to put the members of the A.M.E. Church at Hoachanas at their ease or to soothe them in order to give those who make plans to destroy the A.M.E. Church in Hoachanas and vicinity a good chance to make their plans such as the karakul pelt theft etc.; while the members of the A.M.E. Church confidently are waiting on what they have been made to understand by a responsible officer of the administration. The second aspect of the temporary permit is that it clearly laid a foundation for the administration to remove a permit holder for a sufficient reason. We beg to draw your honourible attention to the underlined word REASON and the karakul pelt theft which was made by the farmers to provide the expected sufficient reason to the administration's action of removing us . . . We earnestly ask the United Nations Organisation not to leave us to the mercy of the administration of SWA, because this matter is a High Treason as far as we the inhabitants of Hoachanas are concerned and yet from the administration against us the most helpless indigenous inhabitants. We the Namas are not black people as far our skin is concerned, and not we ourselves have said it but Dr. Vedder. If we the Nama people belongs to the yellowskinned peoples of the earth and the coloureds, the Rehobothians belongs to the same yellow-skinned peoples of the earth and if Dr. Vedder said that we Namas stand higher in our capabilities than the other co-indigenous inhabitants we want to know why we Namas could not have the same privileges accorded to the Rehobothians and other coloureds. The same Union Government treat the Griquas and the Coloureds in the Union on the same scale, and we Namas too have been in the Union or come to Union ever since we joined the A.M.E. Church to hold Annual, Conferences and Conventions there the same Union Government whose administration in South West Africa profane our human-dignity treat us as coloureds. In Union every door that is open to coloureds is also open to us Namas of South West Africa. If however there is any justice in the colourbar policy of the Union Government, or of the administration of SWA we want to know where is the analogy made? We further want to know why if her colour policy is based on justice should the administration insist on us the

Namas to original and National-naming NAMA LEAVE and accept a Union Nationalist-Bantu. We want the UNO to see our point of argument, we are not talking of colours because we are not of the opinion that a certain colour is inferior, but we are arguing on the point of justice. Please place SWA immediately under UNO, we want PEACE, JUSTICE and SECURITY for all South West Africans irrespect of his/her colour and creed. 5. Communication dated 31 July 1958 to the United Nations PETITION In the first instance we wish to express our sincerest appreciation and gratification to both the Committee on SWA and the General Assembly of the UNO for what they have been and still on our behalf are doing. Secondly, the fresh complications of conditions in the territory, describe and submitted herewith, the implications whereof are the paramount as well of alarmed weight and importance to us, we your humble petitioners therefore most humbly but earnestly request the United Nations Organisation to give your immediate and undivided attention to this petition. The period between the Union Government's decision (1956) to retract her full participation from the activities of the United Nations Organisation as far as the issue of SWA is concerned and her present decision after having met the UNO Good Offices Committee, June 1958, to return with a strong delegation to the General Assembly fills us Namas with an uncontrollable fear of the dangers and losses laid down for us the indigenous inhabitants of SWA during the course of the stated period. It will be very difficult even for the United Nations Organisation to recover the value of the alleged dangers and losses. Individual departments of the administration of SWA have already gone to the Union Government, and while being at this point of gradual incorporation of SWA into the Union of SA, we would like you sirs to permit us to ask the question. "If the different departments of the wherewhich the administration of SWA is composed has been incorporated, and if the territory be represented by six Europeans on behalf of the white population of the territory, how does the Union Government reconcile this very act of incorporating individual departments and the representing ,the white voters in the Union House of Assembly with his statement that the territory has not been incorporated? We furiously appeal to you sirs and request that all the departments already incorporated into the Union be returned and the representing SWA in the Union Parliament be discontinued and that SWA as a Mandate administer her affairs through SWA Legislative Assembly as before. Otherways SWA has been incorporated and has become the Fifth Province very much against our wish. Our further request is that the United Nations Organisation not cease to continue appointing the Fourth Committee to deal with the specific matters of SWA. Instead of attending to the horriblest of a high treason a human being nor a Government could have committed against his co-human-being, the Union Government, only because we are of a darker hue, have purposefully and planfully, obviously with the attitude of disregard- ing our dissatisfaction over the slander the administration has imposed upon us in 1956 gave preference to go first with a strong delegation to the General Assembly to loosen SWA or break it away from what she called to be the UNO interference into the domestic jurisdictions of SA, and as was and very often are said to go over to bring back the United Nations Organisation to the San Francisco agreements and principles on which the UNO has been founded, and then afterward to come back to SA and SWA and drive us the indigenous petitioners and the persecuted Rev. M. Kooper into the sea as Mr. Konrad Hanekon of Blankenese said on the 21st of February 1958. He said that he will be very grateful if the administration ask help from them, the farmers, to help her in removing us from Hoachanas. He would not return before he see us drowned into the sea. This is the desire of all the surrounding farmers who know that they have their farms on the land of Hoachanas Rooinasie reserve such as Blankenese, Gomchanas, Wolfputz, Gemini, Judda, Bitterwasser, Panama, Sekretarispan, etc. Judging from the underground development of conditions, whereof secret activities are the remarkable features and from the unusual and extraordinary excitedness of the white population of the territory since Dr. Eiselen, the secretary for the Union Department of Native Affairs held a two-day meeting with the officials of the administration of SWA, April 24th and 25th 1958 after which the so-called UNO Good Offices Committee was invited to come to South Africa, we the petitioners hereof on behalf of the Nama inhabitants of the territory appeal to the UNO not to take any decision about SWA on the report of the so-called UNO Good Offices Committee as any concession the Union Government could have made to the Committee absolutely does not represent our (indigenous inhabitants) opinion, which from our point of argument as the indigenous inhabitants on whom the Mandate has been founded should be the fundamental one. Dr. Eiselen was either invited by the administration of SWA on behalf of the white population of SWA or he was sent by the Union Government to serve as link or laiason officer. It is very clear that Dr. Eiselen's two-day meeting stands in ref erence to the Union Government's invitation of the UNO Good Offices Committee to South Africa and the Union Government's future attitude in connection with the issue of SWA's International Status. All we know from news papers about purpose of this TWO-DAY meeting is that the present Chief Native Commissioner Mr. Blignaut was appointed and that Dr. Eiselen announced that the hands of Dr. Verwoerd have been immeasurable strengthened by the NATION at the past general election, an act which is a clear proof that the NATION is satisfied with the nationalist Government's native policy as a result whereof Dr. Verwoerd will continue shifting us about from our God-given places. Dr. Eiselen also announced that the natives will no more sell their labour to the white people. The white people must do their work themselves and the natives theirs. According to the Press News not very long after Dr. Eiselen's meeting at Windhoek his honourable the administrator for SWA announced to the heads of administration departments to slacken or relaxing with the marketing of the Administration news. (This announcement of the administrator is a clear token that there is something to hide). Sirs, the department of Native Affairs of SWA have already gone to be centralised into the Union Depart- ment of Native Affairs and the Union Parliament and while, we, the Namas, the Hereros and other indigenous inhabitants no more know what is going on with us, where we are and what we are, the administration of SWA have now even gone so far to take out the important matters from the newspapers. We natives have totaly no right to hold our public meetings to discuss our racial problems, and we have also no right to attend European meetings.... In accordance with the announcement of Dr. Eiselen at Windhoek that Dr. Verwoerd will continue performing his native policy of shifting us natives from place to place and in connection with the so-called Summons served on Rev. M. Kooper, the resident elder of the A.M.E. Church at Hoachanas a legislature is to be introduced or has been already introduced during the current Session of the Union Parliament by Dr. Verwoerd that natives who may be against the policy will be regarded as agitators and will be treated accordingly, they will either be banished or imprisoned. When the UNO Good Offices Committee came to South Africa it was officially announced that the Committee will not come to South West Africa; as the actual purpose for which the Committee was appointed is not to deal with the administrative affairs of SWA, but to our surprise after the Committee have complete their work in Pretoria, the members of the Committee was invited by Mr. Eric Louw on behalf of the Union Government to visit South West Africa not in their official capacity but in their private capacity. Two members, Messrs. Sir Charles Arden-Clarke of Britain and Dr. Vatco Leitao Da Cunha of Brazil accepted the invitation for which tour the Union Prime Minister's plane was availabled. . . At Keetmanshoop the visitors were the guests of the Keetmanshoop's Town Mayor Mr. U. Gordon. They were shown the recently builted native hospital, the few houses of the native housing scheme in the location, and then they were introduced to the SWA Native Teachers Association assembled in their annual meeting there. At Windhoek the company was joined by the newly appointed Chief Native Commissioner for SWA, Mr. Blignaut and the assistant secretary for SWA Mr. Wessels. They then proceed to Augustineum at Okahandja where Native Teachers Afrikaans Medium School is located. From there they proceed to Tsumeb, Okaukuejo, Ondongua, Runtu and more probably Gobadis. Judging from the fact that only places where the administration just because of the pressure from the United Nations Organisation have built hospitals and other so-called improvements were visited, it is quite clear what sort of concession the Union Government have made to the Good Offices Committee with regard to the solving of SWA's future International Status. We are absolutely not satisfied and have no confidence in the Union Government and the administration of SWA. We therefore most earnestly request the United Nations Organisation to put SWA without any further arguments and delay despite of what or how good the report of the Good Offices Committee may sound and the Union Government's strong delegation may insist upon UNDER THE TRUSTEESHIP SYSTEM OF THE UNITED NATIONS ORGANISATION ... . The report of the Committee was prepared in London after the Committee was secretly invited to SWA. The visit was thus prearranged by the Union Government to serve as additional contribution to the alleged concession that Union Government might have made to the Good Offices Committee. Just as Dr. Eiselen had announced that Dr. Verwoerd shall continue to shift us about from our God-given places the High Court of SWA on the wrong, perverted allegations of the administration of SWA in absence of any real German documentary evidence, and in absence of our representation in the room of the High Court of SWA have gave the following pronounciation ... (a) That the land known as Hoachanas (120) was never declared as a reserve .... (b) The German government have considered Hoachanas as a government's land and that the present government also regard it as government's land.... (c) How politely we were addressed about the subject, and how the purpose of our being removing was explained to us, and how the administration has found another land (ITzAWISIS) for us which is beter and more suitable for a reserve .... (d) Hoachanas is isolated from other native lands .... (e) It is surrounded by white area .... (f) That it is obviously a question of the Administration's policy to give the Rooinasie people who are residing on Hoachanas another land which is adjacent to another Nama area, and how the administration has explained this to us.... (g) How we have been inspecting the new site, and probably have been :satisfied with it, but that we have feeled that we want not to move to the new site. . . . (h) That Hoachanas had 50,000 hectar of land before, and that it has now 14,000 hectar of land. ... (i) Parts of the 50,000 hectar of land of Hoachanas was sold by the German Government to private persons. (j) That we have assumed to dwell temporarily on the land .... (k) That portion of Hoachanas was a temporary reserve .... (1) That the application for the payment of the cost (costs of suit) against the plaintiff has been reversed. . . . (m) That Advocate I. Goldblatt (Q.C.) was commissioned by Muller & Co. to appear on our behalf .... (n) That we as defendants were represented by Markus Kooper .... (o) That the administrator Mr., D.T.d.P. Viljoen has apeared as plaintiff on behalf of the administration .... These were the allegations of the SWA's administration about Hoachanas Rooinasie reserve on which his honourable the Judge for SWA Mr. Hofmeyer has made the desired pronounciation. The above pronounciation of the High Court of SWA on insistence of the administration has come as a declaration of war to us. This declaration is published in the "SuIDWESTER" of Saturday the 26th July 1958 and in "DIE SUIDWEs AFRIKANER of 29th July, 1958", and on the 29th July 1958 the present Magistrate of Rehoboth Mr. Chatwind, accompanied by one police of Rehoboth and one of Derm police station Mr. T. Olivier came and told us the pronounciation of the High Court, and that the administration will take steps against us to effect the removing. This pronounciation of the Court was one-sided because we were not represented. In the picture presented by the pronounciation of the High Court the UNO had a good proof of how the courts of justice are ruled by the administration. In the slander which was imposed upon Mr. Frank in 1956 that he was in unauthorised karakul-pelt trade, the Attorney General ruled that Mr. Frank must not be persecuted, as the evidences brought against him are insufficient. After this pronounciation Mr. Frank demanded £3000.-.- for the slander from "DIE SUID-WESTER who published the slander against him. Just in a similar way a slander of karakul-pelt theft and unauthorised karakulpelt trade was imposed upon us, the A.M.E. residents of Hoachanas for which purpose the members of the Rhenish Mission, one of whom is Simon Jansen of Hoachanas was severely tortured to betray us, and that he should be used as crown witness against us. To our greatest disappointment and dissatisfaction no pronounciation has been made about our being innocent or guilt in the imposed slander. In case the court has found us to have stolen the pelts we very earnestly appeal to the United Nations Organisation to insist on the administration of SWA to present the karakul-pelts to us. In case she has found that in the similar way as in the case of Mr. Frank the evidences brought against us are insufficient we urgently appeal to the United Nations Organisation that the administration of SWA immediately without any hesitation and silence give us £6000,-for the slander she has wilfully imposed upon us, and that the Attorney General in a similar way as in the case of Mr. Frank give his pronounciation that we should not be persecuted for the alleged karakul-pelt theft. Sirs, we believe and hold firmly that the UNO is the onliest body dignified enough with her motto of Peace, Justice and Security for all irrespective of his colour or language who can see that justice be done even to a voiceless indigenous inhabitant of SWA such as us the Hoachananites, the posterity of the Rooinasie Namas. The courts of justice are dominated by colour prejudice in this territory of SWA and we are the strongest conviction that SWA is a Mandate under UNO. Our declaration about Hoachanas Rooinasie reserve First of all, it is not the Union Government who have begin with the system of building reserves in SWA. This invention of building reserves for us the inhabitants of SWA comes from the earlier German missionaries. The tribal boundary of Hoachanas was too big and vast than 50,000 hectar. The missionary Friedrich Judt who served the Rhenish Mission from 1882-1904 among our tribe was acting as the chairman of the Reserve Meeting at Hoachanas in 1902. The tribe was represented by the late Captain Manasse Noreseb and his Councillors. Two places, Hoachanas and Hatsamas in the far North were regarded as the tribal- headquarters. From these two places the missionary chose Hoachanas as the suitablest place for a reserve where majority of the tribe easily can make living. Land of Hoachanas fertile for horticulture and is a good pastoral land. The main aim of the missionaries in their plan of building reserves was to centralise the tribes so that they could do their religious work conveniently... On the firm. assurances and explanations of the missionary that they will loss no portion of the reserve land, and that the tribe rather shall retain the land even if they be' defeated by stronger nations in emergency of war the captain give his consent to the proposal, and the agreement was submited to the German government by the missionary for approval and declaration Hoachanas as reserve and unchangeable property of the Rooinasie. This was approved and declared with 50,000 hectar of land. No portion of the land was sold to any private person by the German Government from this 50,000 hectar of land... Sirs, had it not been that the German government declared Hoachanas as reserve there should have been no talk of 50,000 hectar of land of Hoachanas reserve, and even the High Court of SWA has agreed that Hoachanas had 50,000 hectar of land before. The German government never regard Hoachanas as crown, nor government's land, neither was it temporary reserve. . . The government that took our land and gave it to the white people is the Union Government and absolutely not the German government. In so far as she make plans such as the taxation of our elder residents 31st January, 1952, and the mock-theft of 1956 imposed upon us alleging that those taxed people were the German given people the administration declares that she has no right to claim Hoachanas to be her's. With reference to the declaration of the High Court that our removal is just a question of the administration's policy and that Hoachanas is isolated from other native areas, the consequence where of we the Rooinasie pelple residing at Hoachanas are to be given another land which is adjacent to a Nama area, we must declare that the nearest farm from Hoachanas is about six miles. If we who are residing on so far distance from the nearest white farm can be regarded as black-spots then we want to know what the administration's policy regarding the Namas, Damaras, Hereros, Ovambos and Coloureds who are just residing at the doors of the white farmers are.... Though differing in colours, the yellow-skinned Nama people and the black-skinned have only one and the same mother-tongue or vernacular (the Nama language) the Damaras have no different language as their mother-tongue .... Though differing in languages, the Nama people and the coloured people are of one and the same colour (and is of the yellowskinned category). Tough differing in languages, the Damara people and the Herero people are of one and the same colour, they are the black-skinned people. The Ovambos also belongs to the black-skinned people and had a different language than both of the former races. * . . All through the Union administration over SWA we the above mentioned non-white races of SWA have lived together peacefuly side by side; and no one of the above-mentioned races have ever interfered with the internal affairs of the other race. Each race is still what she was before apartheid. Although they are of the one and the same colour the white people have originaly different languages, and though they are of different languages and each one of them wants to preserve his language (that is English, Afrikaans and German) they are, rather insisting on European Unity and do everything to accomplish that on ground of their colour irrespective of their languages. If the white races could reside together on ground of their colour then we want to know how yellow-skinned and the black-skinned races could not be allowed to dwell together as before.. We are no more in stages where we can be regarded to be primitive... All we come short is the proper education which will make us useful citizens of the world in general and not the South West Africa's present education-like mockery. Africa, including South Africa is no more an isolated country from the rest of the world. Afrikaans is only South Africa's language and not world's. We want English medium Teachers Training Colleges by means of which we will be prepared for more responsible posts in any part of the world just as it is the case with the whites of South Africa. . . The so called Summons served on Rev. Kooper is just a mockery of affair and the alleged High Court is nothing more nor less than a mock-trial which just stand under the direct control of Messrs. J. G. Van der Wath (M.E.C.) and W. J. Lategan (M.L.A.) on the insistence of the surrounding farmers, the Farmers Unions, the Dutch Reformed Church, the Rhenish Mission Church, whose name has been modified as Evangelical Luthern Church. .. Mr. Folkus, the father-inlaw to Mr. Willem Durand of Gomchanas, adjacent to Hoachanas said: "The government has now realised that the new church (A.M.E. Church) is not a good church, consequently the government is now busy to drive out that church. . . . This depriving the new church has already begin in the Union according to Mr. Folkus. At an another occasion the same Mr. Folkus said. "The removing of Hoachanas is not as it sounds. The removing originates at the new church. The government have imprudently recognise this church but have later realise that this church is not a good church. If one fares through Hoachanas and see the new churchbuilding, then one thinks of the event which took place in France where the black people have deprived the white people. . . Mr. Willem Durand of Gomchanas said. . It is the A.M.E. Church which are deprived from Hoachanas, it is not the removal as such. The reason is that the church prohibits the people to work for the white people, that is what I have heard, but I will not say from whom I have heard that, and but it is true, because if you non-whites get the same learning which the whites get, where shall the whites got their servants from? Mr. Durand conclude askingly. Mr. Stoffel Oberholzer of Edaen said. It is because of the rebellion of the A.M.E. Church that Jonas have not come to shear my sheep and that is also the reason for which you are removed from Hoachanas. . . Mr. F. L. Taljaard said in 1950. . Just as certain as the Farmer's Union and the administration of SWA exists so certain will you be removed from Hoachanas, because I hear that you have joined a communist church and that you also are one of the leaders of that church. The feeding-scheme of your children are paid by us the "tax-payers" and you idly lay down and eat from that feeding-scheme and refused to work for the white people. . Mr. Taljaard was at that time the owner of the farm Springbokpan, dist. Gobabis, too far from Hoachanas. . Sirs, with these few statements of the white people about the removing we believe to have present to you the real origin of the horrible affair. This affair called removing us because we are Namas and are isolated from other Namas is not true. . It is the persecution of the A.M.E. Church. . Rev. Kooper is persecuted because under his leadership the church has marched from a lowly estate just like a brave soldier of Christ's army against the evil spirits of this darkened territory of SWA. We have also asked Rev. Kooper to translate our petitions, prepared in Nama into English. He accept to do this for us and we thank him for that more than tongue can tell or pen can express. This is the main reason for his persecution. Because the "Nation" has strengthened his hands Dr. Verwoerd, the minister of the Union Department of Native affairs sent his secretary Dr. Eiselen to inform the officers of the SWA's administration to effect our removal from Hoachanas. Sirs, the General Assembly adopted the resolution that no land inhabited by "Non-Europeans", whether or not such land has been set aside as "Native" reserve land, be alienated solely for the benefit of the "European" settler community, and that immediate steps be initiated to ensure that the "Non-European" majority shall not be deprived of the land necessary for their present and future needs, based on the natural growth of the population and on the principle full participation by the "Non-European" population in the economic development of the Territory. . . Sirs, in defiance of this resolution of the twelfth session of the United Nations General Assembly Dr. Verwoerd is continuing with his treats against us. . . We have been inspecting Itzawisis and found it useless land which is just good for the purpose of grave yard. Sirs, if Rev. Kooper be killed is obviously the aim and wish of the "NATION" we shall demand his innocent blood from the United Nations Organisation. If he be banished we shall in the similar way demand his returning to us from UNO as minister of the A.M.E. Church. On the 16th of April 1956 Mr. Allen said we must first go and inspect Itzawisis and if we are not satisfied with it, the government will not buy it. We have been refusing to go and inspect the Itawisis but on ground of the stated reason we go and we told the Chief Native Commissioner that we are not satisfied with the land. We never told the Chief Native Commissioner that we are satisfied with the, yet the High Court now wilfuly based his pronounciation on our being going to inspect Itzawisis. On the same date the 16th April 1956, Mr. Allen read also a word of Rev. Diehl of the Rhenish Mission at Windhoek that the school children of the Rhenish Mission must remain behind until a school should be build for them. From this word of Rev. Diehl we note that the clergy of the Rhenish Mission had arranged together with the officials of the administration that we should be removed to the A.M.E. Church against which the whole removing was planned the sudden news came as a blow and as a stalk. We had no opportunity to talk in advance as in the case of the Rhenish Mission clergy with the administration, and yet the administration wants us to talk to her afterwards in connection with the removal. . While he told us on the 19th October 1955 at Hoachanas that the surrounding farmers wants that we should be removed from Hoachanas because we do not want to work for them. Mr. Allen again on the 16th of April said that it is the administration who wants to remove us.. Sirs, we believe both of these statements. It is as well the farmers and the administration who wants to remove.... Because we were not satisfied with the method of threatening and intimidating us which was the method followed by Mr. Allen we immediately after the first meeting of Mr. Allen wrote to his hon. the administrator complaining about the procedure followed by the chairman, no answer. On the 30th May 1956, Rev. Diehl's letter was read to the members of the Rhenish Mission, telling them that this removing does come from the administration, but that two men of the Nama residents of Hoachanas together with the surrounding farmers from 1952 onwards until this day are working for the removal. This letter presents a picture how Rev. Diehl knew about the plans, which means that all of the clergy of the Rhenish Mission knew about the godless work. The two Nama residents refer to in the letter are the passissuer of the Rhenish Mission and the Head evangelist of the Rhenish Mission. They were working about the removal with Mr. Jan Van der Westhuizen Berda P. 0. Uhlenhorst. Although Mr. Allen said on the 26th of September that we will not be removed even if half of us agree to move from Hoachanas, all must agree said Mr. Allen, but very much against this statement of Mr. Allen the passissuer of 1he Rhenish Mission and the head evangelist insist for the removal untill finaly two of them with few others were removed to Itzawisis, where they are now dying from thirst. This was on the 13th December 1956. The whole tribe except those rebellions are still finding ourselves at Hoachanas with the determination that we do not want to move from Hoachanas. We did not gave Rev. Kooper as our Defendant, and he did not represent us absolutely, yet the

High Court had pronounced that Rev. Kooper was representing us in the High Court. As the slander of Karakul-pelt theft so purposefuly imposed upon us in 1956 with the slander imposed upon Mr. Frank of Lidfontein we tight together to composed an inseparable unit we thought it advisable to consult the same Attorneys which Mr. Frank consulted. They were Messrs. Harry Block & Co. P.O. Box 338, Windhoek to commissioned Advocate M. J. Kritzinger to appear on our behalf. We totaly did not consulted the Attorneys G. Muller & Co. to commissioned Advocate I. Goldblatt (Q.C.) to appear on our behalf. All we can say about Advocate I. Goldblatt is that he was designated as the Plaintiff's Counsel in the declarations of the Plaintiff. Shortly after we consulted them we get the impression that the Attorneys were just gathering our declarations to served the administration so that the administration fight us with our own weapons. The Attorneys demand 175.-.-. as deposit, the payment after we resigned them. Because we have said in our very first petition that assassination by police awaits us because of that petition, the farmers and the persecutors have now take the High Court of SWA and the Judge thereof to hide their ungodly works under the High Court and the alleged High Court have allowed herself to protect such unjust works and has publish her pronounciation by means of which the whole population of SWA (white or black) have been horribly misled. The pronounciation is also a means to give the police power to assassinate us. Mr. William Heunis of Croxley said that Mr. Lategan goes from farm to farm, advice the whites who elect him to do that work to miss karakul-pelts. Those persons who say that they are missing karakul-pelts are writen down. Mr. Neundorp of Doornfontein-Suid said the same thing. He said that Mr. Lategan was at his farm asked him whether he did not miss karakul-pelts. Mr. Neunendorp said that he did miss no karakul-pelt. In the later part of March or the earlier part of April Mr. Van der Wath was at Hoachanas and inspect the A.M.E. Church which was not yet finished. He then came to where the school was held and asked the teachers the plan of the new church building. The teachers told him that Rev. Kooper has made the plan but that Rev. Kooper is absent at the moment to Maltah6ne to attend a church feast there. He asked which of the children are in majority, the local or the farm children. The answer as it is untill today was the local children. More than twice since 1956 each time the remove affair begins Mr. Frank has told us that the farmers say the Rhenish Mission had 7 hectar of land at Hoachanas, and we realise that the removing is for the A.M.E. and after the removal the Rhenish Mission must gather all the people. Why, sirs there is no such thing as 7 hectar of land for the Rhenish Mission. Sirs, we have no confidence in the Union Government and we earnestly request the United Nations Organisation to place South West Africa immediately under the direct administration of the United Nations Organisation. We further request that the United Nations sent an impartial UNO Committee to investigate this situation at Hoachanas and the general conditions under which we non-whites wrestles, that such Committee vist all the reserves and hear our complaints. We request the United Nations Organisation proceed to with the appointing of the Fourth Committee unless it happened that SWA has been placed under the United Nations Organisation, but let South West Africa never be given to the Union Government. That will be our last day. We request the United Nations Organisation from the bottom of our hearts to insist on the Union Government or the administration of SWA that the land taken by the administration of SWA 36,000 hectar of land immediately be given back to Hoachanas and that all our scatered people near and far have to come to reside at Hoachanas at any time they want to come back. We further request the United Nations Organisation that all the departments already incorporated into the Union be return to SWA and SWA's representation in the Union Parliament be discontinued. We urgently request that the administration give us the £6000.-.-. for the slander. We request that our A.M.E. Schools without any further delay be opened on all the places where the A.M.E. Schools operates. Our main and urgent request is that SWA should be placed immediately under the United Nations Organisation with some other government. Finally we herewith attached a copy to present to you the real educational system as it exist and under which we the A.M.E. members could not have our schools opened, your obedient servants on behalf of the oppressed and persecuted race. N.B. Last but by no means least we requested the United Nations Organization to regard our being removed from the Hoachanas as an act of persecution, and to insist on the administration to bring us back to Hoachanas. (Signed) Joh Dausab Jacobus Mganab Daniel 19asab) Timotheus Dausab E. A. Taseb Ruben Gariseb Gustof Nakom Samuel Howescb Salomon Nakom Methusalag Noedep Matheus Kooper Andreas Gariseb Meels Kooper Jonas Nakom Simon Kooper Chaim Afrikanes Cohames Howeseb Frans Nakom Johannes Kooper Enclosure A Simon Jansen of Rhenish Mission told us the A.M.E. member residents of Hoachanas that in 1952 when the administration has grant us a site to build the church, they, the members of the Rhenish Mission residents began with meetings under leadership of the passissuer of the Rhenish Mission and the Head Evangelist of the Rhenish Mission. The aim of these meetings were as it happened to frustrate the work of the A.M.E. Church at Hoachanas. We, the members of the A.M.E. Church, not actually knowing what is going on began to lay the cement bricks and continue with the work until we finished it in 1956. The two leaders of the Rhenish Mission was closely co-operating with Mr. Jan Van der Westhuizen of Berda, P.O. Uhlenhorst, who on his turn co-operate with the administration and particularly with Mr. J. G. Van der Wath (Member of the Executive Committee). All those members of the Rhenish Mission who refused to betray us, their own brothers and sisters, and that only because of our Religious differences have also refused to move to Itzawisis. Simon Jansen was to be elected as secretary of the BetrayMeetings. He refused to act as such, and the two leaders themselves act as chairman and secretaies. The distance of about 12 miles to Berda was not even far for the two Rhenish Leaders to walk by feet while there was a possibility of riding a donkey or horse cart, both of the leaders are about 70 years old. At Hoachanas they were seen by some residents as they walk to Berda by feet. When they arrived at Berda, they were seen by Aron Nuganab, also member of Rhenish Mission and Gert Lucas, also member of Rhenish Mission. They held meetings with Mr. Jan Van der Westhuizen in the veranda of his house. Gert Lucas, the general worker of Mr. Van der Westhuizen saw them have sitting in the veranda. Aron who is now at Hoachanas was Mr. Van der Westhuisen's sheep herder. The Pastor Rev. Diehl's letter to the members of the Rhenish Mission that two of the Nama men at Hoachanas in co-operation with the surrounding farmers drive our being removed from Hoachanas and Simon's declaration of their activities at Hoachanas agree each-other. On the 21st and 22nd of June 1958 there were land- surveyors at the German land-beacon about one or one and a half mile north to Hoachanas, along the Hoachanas to Derm, via Germini, Judiia Ost, and Jadenoch road on the right side on a hill. According to what their boys were telling us they made some alterations. After they have going away, we look to see what was done to the beacon. We found that a new head was brought to the beacon. Something like "Spioenskoph" is written on the beacon. At Judfia Ost, these land-surveyors met with of us the petitioners thereof, namely Earnest A. Taseb, asked him to the succesion of the farms, Gemini, Wolfputz, Gomchanas, Blankanese, Sekratispan, Panama, Judda and Bitterwasser, all adjacent to Hoachanas, the land where the Union Government or the administration of SWA took from Hoachanas. The land-surveyors further told E. A. Taseb that on the next Saturday, the 28th of June 1958 they must deliver their report at Windhoek. It is noteable that after the report of these land-surveyors the administration of SWA or the High Court of SWA for the first time in the whole history of the Union Government's administration over SWA the administration has announced that Hoachanas had a land of 50,000 hectar before. Sirs, please do not past nor neglect to give your full attention to this 50,000 hectar of land which Hoachanas had before. The recognition has come because we have through our petition brought this to the light. We want back that land of thirty-six thousand hectars of land. We also want to know the names the German government has sold to private persons, and what the names of those private persons are. In case the German Government should have sold any portion of the land of the fifty thousand hectars, the Captain as well the tribe absolutely does not know anything about such action of the German government, so if the German government should have sold any portion of the 50,000 hectar of the reserve land of Hoachanas Rooinasie reserve as alleged it to be by the Union Government, then we are not the people who have to bear the cost of the German government's being broking the Official Agreement between them and the Rooinasie tribe, the German government who should have broken the Official Agreement must bear the consequences thereof. Sirs, what does the word "MANDATE" mean. We herewith furnish you with the actual words of how Hoachanas, not only built or declared as a reserve but how it was also declared as an unchangeable property of the Rooinasie by German Government. "Das nichste Reservaat ward in Hoachanas, den haupt-orde der Roten Nation gebiltet. Dort wurden 1902 der Platz selbst mit einem Pflachen inhalt von 50,000. Ha fir unverduserliches Eigentum des Stammes erkldrt."9 To our best knowledge there is no other German document in which the real position of Hoachanas is describe except this one. It is probable that the administration of SWA have no archive of the German government. The archive in which this description of how Hoachanas was declared as an unchangeable property and reserve is taken from is German book, written by the German governor Mr. Leutwein. The administration of SWA is obviously basing her claiming of Hoachanas only on private tellings of people such as the Passissuer of Rhenish Mission who only came to Hoachanas in 1908, and on the tellings of the Rhenish Mission's Head Evangelist. The name of the Head Evangelist of the Rhenish Mission is Trougoth D~usab and the name of the Passissuer is Herman Afrikaner. We have return the temporary permits to the administration while we are still at Hoachanas through the Chief Native Commissioner of SWA who was also one of those who have been working for our removal from Hoachanas. The white people are united on ground of their colour while we the non-whites are divided on ground of both, the differences in our languages and the differences in our colours. Sirs, we have realy good reason to fear the implications of these things. The Pastor Rev. Mayer' was here after the Magistrate was here and after the News Papers were issued which published our removal which according to unofficial informations will be- effected on the end of the month. Rev. Kooper will be the first man to removed either to the prison or to Itzawisis. News comes to us also that Herman was commissioned to come to Windhoek before the pronounciation of the High Court. He did come and was seen by people of Windhoek. In 1956 he was the councilar of the administration about the methods through which the removing should be effected successfuly. After Mr. Blignaut asked us on the 18th of June 1956 to come to Windhoek to advice and give the administration possible methods through which the removal will be carried out, two of them was going to gave those methods. Local A.M.E. membership 260 on the farms divided in two Pastoral districts 210. These numbers includes children, Rev. Mayer of Gibeon and Hoachanas of appointed his present Evangelist Isaak Jakb, who came this year to Hoachanas listen carefully what we are talking about the publication and to inform him that Enclosure B Letter dated 3 October 1954 from the Office of the Education Department of the South West Africa Administration, Windhoek, to Dr. Francis H. Gow, Woodstock, Province of the Cape of Good Hope, Union of South Africa RECOGNITION OF A.M.E. SCHOOLS 1. With reference to previous correspondence re the above, I have pleasure in informing you that the 9 "The next reserve was in Hoachanas, headquarters of the Red Nation. There, in 1902, a total of 50,000 ha. ivas declared the inalienable property of the tribe."

Executive Committee adopted the following resolution on September 22, 1954. 2. It has been decided that from 1 April 1955, the Director of Education in consultation with the Secretary of South West and with the approval of the Administrator, individual schools of the A.M.E. Church on applying for recognition may be admitted on condition that such recognition may be withdrawn as soon as any irregularities are reported.10 3. From the above resolution you will notice that the schools will not be recognised in bulk but individualy. An application will, therefore, have to be submited for a specified school. 4. In order to consider the claims for recognition the following information will be required. (a) Name of European manager. The person's consent will have to obtained beforehand, and his acceptance submitted along with the application. (b) Name of school and full postal address. (c) Building. Nature of walls, wood and iron, brick, stone, etc., and material of roof. (d) Number of classrooms and size of each classroom separately. (e) Number of teachers. Race must be specified and each teacher will have to fill in an application form as attached. (f) Number of classes and enrollment in each class. Total. lONote by the Secretariat; original text of this paragraph in Afrikaans. (g) Only pupils over seven years will be admitted. (h) Classification of pupils into races. (I) Herero (II) Ovambo (III) Bergdamara (IV) Nama (V) Bushman (VI) S.A. Native (VII) S.W.A. Coloured (VIII) S.A. Coloured (IX) Betchuana (X) Other. 5. Like all other Mission schools A.M.E. Schools when recognised will be classified either as coloured schools or native schools. 6. Native children, Native teachers are not allowed to attend in Coloured schools. The Department has not reached the stage where it debars coloured children from attending or Coloured teachers from teaching in Native school. 7. The Department fixes the number of teachers for each school. 8. Native teachers from the Union will not be allowed. Coloured teachers may be imported from the Union, but the Department gives preference to trained coloured teachers born in S.W.A. 9. Unqualified teachers will only be appointed in exceptional circumstances. 10. To expedite and facilitate all negotiations between the Department and the A.M.E. Schools, it will be necessary for you to appoint a representative in S.W.A. through whom all applications will have to be submitted. 11. The Department's syllabuses will have to be introduced in all recognised schools, and they will have to submit all necessary forms and schedules. Cecil J. (Probably Lemner) for Director of Education iEX VI Petition dated 27 November 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General, and related memorandum from the Reverend Michael Scott 1. Petition dated 27 November 1957 from Chief Hosea Kutako to the Secretary-General We read with interest the report of the Committee on South West Africa' which contains accurate information about South West Africa. With regard to paragraph 34 of the report which contains the statement of Dr. Herman Heinrich Vedder the representative selected by the Governor General, we wish to state that it is untrue that we are in favour of "Apartheid." The Government introduced the divide and rule policy, every tribe is compelled to hold its own meeting and not to hold it with the other tribes although we have common problems. We asked the Government to call all the representatives of the different tribes in one meeting and not to divide them, but the Government refused. Dr. Vedder himself is regarded as a traitor by the Non-Europeans in South West Africa for the following reasons:He was the head of the Rhenish Mission in South West Africa and had Europeans and Non-Europeans in his church, but he retired on account of old age and joined the Nationalist Party which oppresses the NonI A/3626, annex L Europeans. Most of the Non-European schools in the territory belong to the Rhenish Mission and he Dr. Vedder as the head of the Rhenish Mission schools was responsible for the inferior education which the NonEuropeans receive in the Rhenish Mission schools. As the head of the Rhenish Mission, he arranged that the Non-European clergymen should walk hundred of miles on foot to preach the gospel while the European clergymen ,were provided with transport facilities to do the same work. Education According to paragraph 150 of the report of the Committee on South West Africa there are two high schools for the Non-Europeans in South West Africa. As far as we know, there is one high school for the coloured pupils only. There is not a single high school for the entire indigenous population. The Augustineum is not a high school because a high school offers courses up to standard 10 whereas the Augustineum offers courses up to std. 8. Most of the schools are in the towns and in some of the Native Reserves and the children who live on the farms do not attend school, because there are no schools on the farms. The educa- tion for the European children is compulsory, while the Non-European education is not compulsory. Freedom of movement There is a severe restriction of movement in that men, women and children carry passes. The school children have to obtain passes from their schools before they leave the towns in which the schools are situated. The Native Reserves When we were forcibly removed from our lands to the present Native Reserves to make room for European settlement, the Government burned down our houses rendering the people homeless and cut off the water supply. One woman gave birth to a child in the field and both the mother and the child died in the field. Two men died of thirst. We regard the present Native Reserves as jails because nobody is allowed to leave or to go into the reserve without a pass. The average person in the reserve possesses 15 head of cattle and about 20 goats with which he maintains a family and is not allowed to have more than three oxen. The cultivation of crops for human consumption is practically non-existent, the Government does not allow the water in the reserves to be used for irrigation purposes because it is even not enough for the live stock. The result is that the people live on milk only, but even the milk is not sufficient to maintain a family because they have to sell cream to get money with which to buy clothing. The water is so scarce in the reserves that many people live 6 to 7 miles away from the water, which they carry on their heads in petrol tins or on donkeys to their places of residence. It is sometimes muddy and undrinkable. The killing of wild animal for food is strictly prohibited at all times by the Government, while the Europeans are allowed to kill wild animals during the hunting season. The death-rate in the reserves is exceedingly high owing to the fact that there are no medical doctors or hjLtals and the appa ling living conditions, that tne pople die even from minor illnesses and snake bites. There is a lack of transport facilities in the reserves and between the reserves and the European areas. Lorries are the only means of transport and convey passengers and cream to the towns and most of the reserves are more than a hundred miles away from the nearest towns and these lorries run once or twice every week making it difficult for serious patients to reach the doctors in the towns in time. Most of the NonEuropeans inhabitants of South West Africa have no motorcars or other means of modern transport and travel chiefly on foot, while almost every European has a motorcar. There are no railway lines between the Native reserves and the towns and the trains operate only in the European owned land. There is no truth in the statement which was in the Windhoek Advertiser of the 22nd October, 1957 that Mr. Mburumba Gertzen is unknown in South West Africa. Mr. Gertzen is a Herero who was born in South West Africa under this oppression and has experienced the evils pursued by the Union Government in this country. What he said at the United Nations is the truth. It is also not true that the Government called a meeting in which they asked the inhabitants of South West Africa whether they know Mr. Gertzen. The European population of South West Africa consists of Afrikaners, British and Germans. It is surpris- I ing to the average Non-European inhabitant of South West Africa that the British Government thought it wise to support the Union of South Africa whenever the question of South West Africa is discussed at the United Nations although their own people are responsible for the shameful treatment meted out to the indigenous population. In fact, they have done nothing in South West Africa to be proud of. We have every hope that they will reconsider their attitude and join the other nations of the world who are making every effort to free the unfortunate people of South West Africa. While we regard negotiations between the United Nations and the Union of South Africa as a wise step, and taking into consideration the determination of the Union of South Africa never to recognize the authority of UNO in this territory, we are convinced that such negotiations are bound to take many years before an agreement is reached with the Union of South Africa. The impression has been created among the Union Government officials that the United Nations is not likely to alter the present situation in South West Africa soon. Evidence of this is that the officials often ask us why we persist in appealing'to the United Nations which has up to now not yet fulfilled our wishes. In the light of the grave situation in South West Africa we ask the United Nations to do something to safeguard the wellbeing of the inhabitants of South West Africa while carrying on negotiations with the Union of South Africa. We further ask the United Nations to give careful consideration to the proposals given by the .Committee on South West Africa that the General Assembly should weigh the gravity of the present situation and consider the need for acting without further delay in the matter by taking immediately such measures as are possible and feasible to ensure and to safeguard the wellbeing and development of the inhabitants of South West Africa pending its being placed under the International Trusteeship system. (Signed) Hosea Kutako P.S. Enclosed please find a letter from the South African Minister of Native Affairs and our reply to him. Enclosure A Letter dated 31 August 1957 from the Union of South Africa Department of Native Affairs, Pretoria, to Senior Headman Hosea Kutako Re: Aminuis Reserve I wish to refer you to your letter of the 5th February, 1957, addressed to the Honourable the Minister of Native Affairs, Dr. H. F. Verwoerd, and his reply thereto dated the 22nd February, 1957, in which'it was, in conclusion, suggested that should you desire that further explanation by word of mouth would help you and your councillors to understand the proposed ex- change of land more clearly, the Honourable the Minister would request the Administrator of South West Africa, in his capacity as the person representative of the Minister and as a member of the Native Affairs Commission, to grant you an interview. The Honourable the Administrator has reported that an interview took place with you and some of your councillors on the 5th April, 1957 and that you expressed the wish that if the "corridor" could not be added to your Reserve, as an adjunct to it, that the present position be not disturbed as you and your tribe were not in favour of an exchange of land whereby you would acquire the occupation of a portion of the "corridor" in exchange for a certain portion of the Reserve on which you have occupational rights. In view of this report I am directed by the Honourable the Minister to inform you that he regrets that you and your councillors adopted this attitude because his attempts were to negotiate an exchange which would be very greatly to the advantage of your tribe. The Honourable the Minister wishes me to repeat the advantages attached to the proposed exchange, as set out in his letter to you of the 22nd February 1957: (a) The reserve, if the proposed exchange were accepted by the tribe, would not be totally surrounded by European owned land. (b) The land to be added to the Reserve is both larger and better prepared for development than the land to be excised therefrom. (c) The portion of the "Corridor" referred to has no less than 16 successful boreholes and the carrying capacity of the area is in vicinity of 10,000 cattle units as compared with about 3,000 units in the area to be excised which has only 3 satisfactory boreholes. (d) In terms of money the value of the portion of the "corridor" is as follows: 16 boreholes at about £2,340 each ...... £ 37,440 Pastoral and Agricultural value of land ...... 275,000 TOTAL ...... 1312,440 The value of the land to be excised, is on the other hand: Borehole at Pos ...... 4 512 Lister engine and equipment ...... , .... 400 Cement reservoir & drinking trough ...... 188 Value of two boreholes drilled by the tribe, but paid for by the Trust, and of one borehole sunk very recently: about ...... 4,000 Pastoral & Agricultural value of land ...... 150,000 TOTAL ...... £155,100 The value of the portion of the "corridor" which would be obtained, therefore, exceeds the value of the land to be given in exchange by £157,340. As previously pointed out the Honourable the Minister has no power, according to law, to add the "corridor" to Aminuis Reserve. No doubt whatsoever exists that it has always been and still is at the disposal of the South West African Administration for white settlement, and that you and your tribe have no legitimate claim to it. The Minister was therefore very pleased that the South West African Administration was prepared to accede to his proposals in the interests of you and your tribe, although this meant a substantial sacrifice by the Administration. In view of the fact that you and your tribe have nevertheless rejected the proposed exchange, I am directed to inform you that the Honourable the Minister does not wish to force any exchange upon you and the tribe, although he and the Department are still convinced that you and the tribe are extremely foolish and short-sighted in rejecting the offer. Since he has already prevented the Administration from using its expensive developments by settlement as contemplated for more than five years, while trying to convince you and your tribe of the wonderful opportunity available to you, it is not fair to delay any longer and allow the expensive developments to lie unused. He has, therefore, reluctantly informed the South West African Administration that it is your desire that the position should remain as it is and that he is accordingly withdrawing from any negotiations. The possibility of any exchange and any acquisition of part of the "corridor" is therefore now for all time at an end. You have, by your action, finally caused your tribe a loss of opportunity which is irretrievable much to the regret of the Minister and this Department. The Administration is at liberty to allot the "corridor" to European farmers, and will immediately proceed to do so. It is regrettable that it will be on record for the information of the future generations of Hereros that nobody except yourself and your council, are to blame for their having lost the advantages of an exchange of land which would have meant so much material benefit to the tribe. Actg. Secretary for Native Affairs Enclosure B Letter dated 28 October 1957 from Chief Hosea Kutako to The Honourable Dr. H. F. Verwoerd, Minister of Native Affairs, Pretoria I am in receipt of your letter of the 31st Aug. 1957 for which I thank you. I was pleased to be informed that the question of the exchange of land has been abandoned. I however, wish to bring the following to your notice: The corridor was part of our reserve ever since we inhabited the Aminuis Reserve in 1925 and we drilled 7 wells in it and our cattle were grazing in that area. No changes were made by the Government as regard the land at that time. In 1933 the Government installed white police in the corridor as a result of the outbreak of Foot and mouth disease in Bechuanaland to prevent the entry of cattle into South West Africa from Bechuanaland. In 1934 the Government took away the white police and requested us to appoint our own people-the inhabitants of the reserve who were paid from the Native Reserve Fund, guarded the area. Meanwhile a fence was being erected which formed the boundary between Aminuis Reserve and Bechuanaland Protectorate. After the completion of the fence no foreign cattle could come into the territory and we asked the Government to allow us to graze our cattle in the corridor as before. The Government replied that the area was under the care of Veterinarians who were able to determine whether there was disease or not and that no stock would be allowed until such time as there was no disease in the area. In 1951 we made another request to be allowed to return to the corridor; this time the Government replied that it was Government land and that it would be used by European farmers and us only when there was drought, and as soon as the drought was broken in our areas, both we and Europeans would return to our respective areas. We protested against the transaction saying that it was our land and that it should not be used by European farmers. We further said that when the corridor was added to the reserve, our people who were living on European farms could be allowed to come into the reserve because the reserve would have become larger. The Government had said that it would not allow people from outside the reserve to reside in the reserve because the reserve was small. When I asked you to add the corridor to Aminuis Reserve in August 1955 at Okakarara, it was a continuation of what I have been asking many times in the past and you replied that you would consult with the Union ;Government. We were surprised when the South West African Administration on instructions from the Union Minister of Native Affairs came to us in 1956 with the proposal for an exchange of land. We still maintain that the corridor is part of our land and it ought not to be given to white farmers. Even the whole world knows that it is our land because the Union Government informed the League of Nations in 1933 that the corridor was to be added to Aminuis and this was confirmed in the Government later reports to the League of Nations. Hoping that our request in this matter will receive your favourable consideration. (Signed) Hosea Kutako 2. Memorandum from the Reverend Michael Scott2 Memorandum on Chief Hosea Kutako's objections to transfer of Land in Aminuis The Committee on South West Africa has reported on the alienation of land from Natives in South West Africa. Chief Hosea Kutako has written to me and to the Committee that the Union Government was planning to take away one of the best parts of the land in the Aminuis Reserve, none of which, I might add, is good land, and give it to European farmers in exchange for even worse land in the corridor between Aminuis and Bechuanaland. Chief Kutako in a letter dated 28 May 1957 describing the relative quality of the two land areas said: "That part of Aminuis Reserve which the Government proposed to give to the White farmers is the best grazing area in that Native Reserve and there are five boreholes with strong water, and they are from 500 feet to 700 feet deep. In Kuridora which the Government proposed to give to us in exchange for our land which is to be given to the White farmers, a kind of grass called suurgras grows in the 2Transmitted by communication dated 14 January 1958 from the Reverend Michael Scott to the Chairman of the Committee on South West Africa. For text of communication, see annex XVII below. largest area but only during the rainy season and lasts until in the winter, i.e., from January to June, while Kuridora itself is in the and is therefore subject to scanty rainfall, with the result that it is unsuitable for grazing. "There are sixteen boreholes in Kuridora which are 1200 feet and 1500 feet deep. We have similar boreholes in some parts of Aminuis Reserve and the Lister engines which operate there are often broken causing a shortage of water, while there is almost no water problem in our land which is going to be given to the White farmers." I am glad to see that the Committee on South West Africa knew of the promise made by the Administrator of South West Africa to the people of Aminuis that they would be given not just the Kuridora area of the corridor between the Aminuis area and Bechuanaland, but the entire corridor. There was not to be any exchange of land. All of Aminuis was to remain the land of the Hereros and, because Aminuis was not large enough, they were to be given also all of the land between Aminuis and the border of Bechuanaland. In November of 1933, the Administrator of South West Africa visited the Aminuis Reserve. His visit to the Reserve was made after a deputation headed by Hosea Kutako, who was accompanied by some 35 of the leading Hereros in the Territory, including representatives from all the Herero reserves, had visited Windhoek and made representations regarding the welfare of the Herero people. According to the report of the Union of South Africa to the League of Nations in 1933, the most important point raised related to the unsuitability and inadequacy of the Native Reserves and particularly those earmarked for the Hereros since, to quote the Union Government, "The settingaside of adequate reserves for the natives of the Territory is an essential precedent to any progress in the Administration's native policy." (para. 180 of report). When he visited Aminuis, the Administrator, Dr. Conradie spoke at length about land for the Hereros. The Aminuis Reserve had been selected as the place for his statement, again I quote from the Union Government's report to the League of Nations in 1933, "as being the residence of Headman Hosea, the oldest and most influential Herero in the Territory." (para. 185). I will not quote all of the statement made by Dr. Conradie to Chief Kutako and some 250 of the residents of the Aminuis Reserve as it is very long. Dr. Conradie stated that from the representations made by Chief Kutako, as the spokesman for the Hereros, it would seem that his Government had done little or nothing for the Hereros but take away their land and put oppressive taxes upon them. Now I shall quote passages from Dr. Conradie's statement: "I can see from what Hosea has said that the Hereros had hoped 'that my Government would place them back in the same position as they were before their wars with the Germans. This could not have been done even if my Government had wished it. You cannot put the clock back. Much of the Herero lands had already been sold to German farmers and there were large numbers of Union people who had come up and purchased land. "My Government, however, did what it could for the Hereros. It put them in temporary reserves and appointed a commission to go over the country and look where land was left which would be suitable for the settlement of the Hereros and for their children after them. "This was a very difficult task as of course it was useless to select one or two farms only and a big piece of country had to be found to accommodate the stock that the people would require for their needs in years to come. Hosea complains that the Hereros were not allowed to keep Orumbo; but what is Orumbo alone? This farm would have been useless unless all the farms around it had been taken away and many thousands of hectares added to it and this the Government could not do without disturbing the rights of its own people or taking lands belonging to Germans whom it would have had to compensate. As you are aware, the white people do not take the private lands of their enemies after a war without compensation, although the natives may do it. At any rate my Government was not prepared to do this and so they had to look elsewhere for suitable ground. "The reserves ultimately selected were Epukoro and Aminuis in the east, the Waterberg and Otjituo in the north, Otjihorongo in the north-west, Ovitoto in the Okahandja district and in the south. "Now it is quite clear that these were not the best lands in the country but they were the most suitable that could be obtained at the time ... " "To me it is quite clear that the Herero people have not realised that the old days have passed away. They still want to live as in the old days, moving from place, to place with their stock and when one part of the country has been grazed off to move to another. In those days the country had very few people in it but in spite of this the native peoples were always fighting amongst themselves in regard to rights to lands, waterholes and cattle. Now the country has filled up and the people have to stick to the land allotted to them or purchased by them and make the best of it. In fact you have to farm with your land as people do in other countries where there is a big population. The only hope of progress is by work, by digging wells, by making dams to catch water and save it for years of drought, by preserving the veld, by fencing, preventing over-stocking and the trampling out of the land and seeing that too much stock is not allowed on it. This involves selling off your surplus stock as soon as it is fit for the market and not keeping it until it dies in a drought or because there are too many feeding off the particular piece of veld on which they are grazed. "Now, I think the Herero people have still much to learn in regard to these matters. "You have a very big Reserve in Aminuis543,000 hectares of land, equal to 50 to 60 ordinary farms. At first only 230,000 hectares were set aside as a native reserve but when Hosea and his people went out to this Reserve the area was increased to 543,000. Again, when the Hereros from Rehoboth were sent there the Native Commissioner made representations for additional land to be added to Aminuis and the late Administrator agreed that all the country between the eastern side of the Reserve and the border of Bechuanaland should be included in the Reserve-approximately 163,000 hectares. This, however, has not been actually proclaimed as it was not considered necessary to do so until water had been opened up and the ground was actually used by the people. You therefore have a big enough country to accommodate your children and your children's children if you can only develop it and improve it as you ought to. For this, however, there is only one solution-to work and earn money. The work there is no difficulty about if the young men and children are properly taught by their parents. The money must come from the grazing fees levied on the stock grazed in the Reserve; the taxes-the money collected from you-which the Government has promised to pay back to your Trust Funds; and the rents the white store-keepers pay for living and trading in the Reserve. "To get the money to pay the grazing fees your young people must, of course, go out to work amongst the Europeans and you must sell your surplus stock. By surplus stock, of course, I do not mean your breeding stock, but oxen, old cows etc. Both these matters are difficult I know now because the white people have been so hard hit by the drought that they cannot afford to employ you and the stock is so poor at present that the dealers cannot pay any price for them. This was not so, however, in the good times in the past and I am afraid, just like some of the Europeans, you have not sold your stock when the market was good but have kept it to eat up the grass and die in the recent droughts. "I must, therefore, impress on you that I shall instruct my officers in future, as soon as normal times return and it has rained, to see that the surplus stock is sold off at the proper time every year and grazing fees paid. You then should have plenty of money in your Trust Funds to open up new waterholes and make dams in those parts of the Reserve which have no water as yet. You will then be able to use more of your land and keep more stock. "In view, however, of the bad times you have been passing through and to enable you to make a fresh start, I am going to give you some relief in regard to the old debt of past grazing fees which I shall refer to later." "However, that there may be land for the native people in the future when the reserves are filled, I wish to tell you that I have reserved all the country east of the Waterberg and Otjituo Reserves and north of the Reserve for the use of natives. A lot of this country is I know not good and a great deal more will require a lot of money spent on it in making roads, sinking boreholes, or making dams before people can live there. This will have to come out of the Trust Funds and as I have already said, I cannot ask the white people to pay for the natives' debts again. You will, therefore, have to wait until the Trust Funds have money in them. In the meantime, I shall send some of my officers to examine the country thoroughly and make a full report to me as I understand there are a number of natives, apart from you people here in Aminuis, who have had to leave the farms of Europeans who could not keep them on account of the drought and who have no place for themselves, their families and stock to settle on. These people, of course, must receive first consideration." In concluding his statement to the people of Aminuis, the Administrator said: "Your rights to reside in the Aminuis Reserve so long as you obey the laws and regulations and submit to the instructions and advice of your Magistrate and Superintendent are confirmed by me." When the Administrator said that he could not ask the white people to pay for the Natives debts, that meant that money from the Territorial budget would not be spent to assist the people of Aminuis. The Government seems to consider all of the revenue of the Territory from mines and other exports and from all other sources as white money. (The Territory now contributes a flat sum of £50,000 a year for the development of Native reserves, but any further expenditure for development of these areas has to come from the Trust Funds-that is from the annual rates or head taxes, grazing fees, and the many other taxes imposed on the Natives, most of whom are far too poor to pay any kind of tax). While the Government has expected Natives to pay for improvements to their land and to dig wells, make dams and build roads in these reserves, the Government does not seem to hesitate to take the land away from the Natives when it has been built up sufficiently and to sell it to Europeans. Since the Native reserve land, when it is taken away from the Natives, becomes Government land in the eyes of the law as known in South West Africa, the money earned from the sale of the improved Native land becomes Government money; it is paid into the revenue of the Territory and is called white money. Natives are then told that they can't expect the white people's money to pay for improvements to Native land and the vicious circle begins again. The observations of the Committee on South West Africa concerning the removal of Natives from the Aukeigas reserve to inferior land so that their improved reserve, with plentiful water supplies as a result of the dams built by the Natives, can be sold as farms to Europeans, are an example of this practice. Nor has the Government hesitated to remove African people from their traditional ancestral lands as has happened, or is happening, in the case of the Rooinasie Namas, the remnants of the Red Nation, whom the Government is forcing out of the Hoachanas native reserve, the traditional headquarters of the Rooinasie Namas, to provide more farms on the best land in the Territory for one or two European farmers. (Signed) Michael Scott ANNEX VII Petition dated 22 July 1958 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa, and related communication dated 29 July 1958 from Chief Hosea Kutako and Messrs. Chr Tziteza, E. Kauraisa, F. Katimo, L. Muriambihu, and L. Koamba to the Secretary-General and the Chairman of the Committee on South West Africa 1. Petition dated 22 July 1958 from the Reverend Michael Scott to the Chairman of the Committee on South West Africa I have been asked by those whom I represent in South West Africa to communicate to you the attached statement. They have asked that this should be treated as a written petition to the Committee on South West Africa and that it should form the basis of a more comprehensive oral petition if the opportunity for this may be granted. I should be glad if I could be informed by cable if you wish me to attend a meeting of the Committee in order to do this. I am sending the statement to you direct as I am not sure whether you have received the original.' (Signed) Michael Scott Enclosure We wish to say that we received and greatly appreciated the Report of the Committee on South West Africa for 1957 and the Special Report and also the records of debates that took place in the General Assembly at its last session. We wish to say that we found the report of the Committee on South West Africa verified by our experience and truthful as far as we are able to speak from first hand knowledge of the facts and conditions set out in the report. I See item 2 of this annex. In this our petition we give some further facts about our conditions of life, about the measures which have brought these about and particulars regarding the effects on us of laws and regulations which we have no legal or constitutional means to change. We wish to appeal to the United Nations to intervene to stop the process of alienation of our lands and rights and to remove the heavy burdens of restrictions placed on us by enactments which we are powerless to end or amend. Before detailing some of these we should like to appeal to the United Nations to consider ways and means whereby our people could be enabled to benefit from the generous social and technical assistance from the United Nations which other territories in Africa and Asia have benefited from through the Specialised Agencies of the United Nations, in particular the World Health Organisation, the Food and Agricultural Organisation, the Technical Assistance Programme, the World Bank and the Children's Emergency Fund. We wish to repeat our request that a Commission from the United Nation's should visit South West Africa not only to hear the views of all the African inhabitants but to see in what practical ways the United Nations could help in the solution of our problems. Regarding our present life and conditions we wish to refer to the following:1. Education is at a very low standard in South West Africa. It is at an even lower standard now than before in the primary schools.

The Augustineum Government training college is supposed to train teachers up to standard 8 but in reality does not go beyond standard 6. Within the Police Zone in all the Reserves there are only two government hostels to enable the children who have to come from such long distances to remain at the school. One of these hostels is at Aminuis and the other is at Waterberg. There are in all eight Herero Reserves. Only two of these eight have government schools with hostels attached. Six have no hostels but have schools for the children of the place where the school is. In distant parts there is no school for the children to attend. The Hereros appealed to the Government to build hostels in their Reserves. The Government replied that the parents do not want to send their children away to school. But the parents naturally want to know that there is going to be a hostel alongside the school where the children will be looked after before agreeing to send them so far to school. In our last meeting with the Chief Native Commissioner a certain Alfred Katjimuine requested the Government to build a hostel in his Reserve. The meeting was in January 1958 and the reply he got was that the Government is not prepared to build any more hostels. The people should rather build small huts in the Reserves and then the Government will provide them with a teacher and building materials because they argue that the hostels are too costly to build and maintain. Many children of parents who are working on European Farms do not attend schools because there are no hostels in neighbouring towns where they can be looked after. Such children cannot be educated because they have no relatives and there are no hostels in the neighbouring towns. Thus it is that many of our children get no education and so are forced to become manual labourers on contract to White employers. 2. The Question of moving the locations. New regulations. The Windhoek and Okahandja locations are to be removed to another site. We have been refusing to be moved. We say we would prefer the existing locations to be improved on their present sites rather than the population removed further away from their work. Further the following are some of the regulations that have been drawn up by the Government to control all the locations in the towns of South West Africa. One regulation says that the whole area of the location must be fenced with only one gate leading to the town. When you go out from the location to the town you must be searched by a policeman at the gate. Similarly when a man comes back from the town into the location the policeman at the gate must search through all that he has brought from the town before he is allowed to enter the location. In order to leave the location everyone must produce a permit. Also when they return they must produce permits. The police at the gate have the authority to give the permit which must specify the reasons for leaving the location or entering it from the town. When the location is finished being built any person who wishes to go and stay there must make a written application to the Superintendent. All the people who are not so wellto-do will not be allowed to enter the location to reside there. They will be obliged to return to the Reserves or else to look for work on the white man's farms. Only those people will be allowed to reside in Wind- hock location who have been there continuously for three years without absence for even one day. These locations will be built in separate sections for the Hereros, Namas, Damaras, Ovamboes. When a person wishes to go from the Ovambo to the Herero section he must apply for a permit and state the purpose of his visit. The houses that are to be built by the Administration must be paid for before the seventh of each month, the rent will be £1.18.9d. for each house. Those who fail to pay will be arrested. The house is about twenty feet square divided into four equal sized rooms. It has only one door and has one window at the front and one at the back. There are no doors between the rooms only openings. They are dangerous in construction being made of prefabricated bricks with no cement between the bricks. There is no kitchen but permits may be given to build a kitchen alongside the house or to use an open fire. No one is allowed to go and visit the location that is being built. There are no bathrooms. The distance between one house and another is six feet. The superintendent says that communal bathrooms will be built for each section. Those who are to be allowed to stay in these houses are a man and his wife and minor children up to eighteen ,years. Those who are over eighteen years must be housed in compounds. There will be separate compounds for male and female in each section. These compounds will consist of long blocks in rows with one room and one door for each unmarried person. All visitors to anyone living in a location must obtain a permit from the Superintendent of the location. Anyone living in the location may not pay a visit out of the location for more than thirty days. If those thirty days expire before he returns his house does not belong to him any more. Provision is being made for those wishing to build their own houses in the same location. Anyone wishing to do so must be a man over twenty-one years. He must make application to the Superintendent. He must be a man who has been resident in Windhoek for three years without residing anywhere else. When his application has been approved by the Superintendent he must bring an architectural plan of the building. He must get a health inspector and an engineer to survey the plot. When buying the materials the Superintendent will direct where these materials are to be bought. They may not be bought at the cheapest place. The house must then be built by a qualified builder and carpenter. The Superintendent will provide a Supervisor to overlook the work. This will be someone of his choice but he must be paid by the person building the house a sum equal to 5% of the total cost of the building. The value of the house must be not less than £250. In the application the reasons must be given why you want to build this house yourself at your own expense. When it is built only the house is yours not the plot on which it stands. Except for building a kitchen if a permit is granted nothing can be done on the land outside the house. The rent of this plot of land will be decided by the value of the house constructed on it. The house will belong to the person who has built it for thirty years only. The Government has said that the Group Areas Act is not yet put into operation in South West Africa. But the way in which this location has been planned is evidence that this policy is to be applied in South

West Africa by whatever name it is described in law. We are afraid that the building of this location will bring new restrictions and oppression upon the people in the towns. For instance one of the regulations lays down that whenever more than five people are gathered together a Boardman must be fetched and asked to remain so that he may know what is being discussed. 3. How the people live in the Reserves. There is a great scarcity of water in the Reserves. In the Epikuro and Otjituo Reserves animals must often be driven twenty or thirty miles to water. It is very difficult to breed animals in good condition and the people get little benefit from rearing these animals. There are very few people living in the Reserves who have enough cattle to provide them with a proper livelihood. They are not allowed to have permits to go and seek work in the towns, though sometimes the young men can obtain contracts to work in the towns for a certain number of months and white recruiting officers come to the Reserves for this purpose when young men are needed in the towns. But the young women and people generally are not allowed to go to the towns to look for work. For these reasons the standard of living of the people in the Reserves remains very low. In the Ovitoto reserve (and the same is proposed for Otjituo and Waterberg East) they have started a system of camps which we believe is designed to force us to leave these Reserves so that they can be occupied by white farmers and which is as follows: The Reserve is now being divided and fenced into four parts and the proposed system is being explained to the Boardmen thus: Each boardman has four camps. He has been told that one is for the Spring, one is for the Summer, one for the Autumn and one for the Winter. All the people holding cattle under this Boardman must sent their cattle to these camps allocated according to the seasons. Each person is allowed fifty head of cattle including donkeys and horses and may have one hundred goats and sheep. If any person has more than fifty cattle he must dispose of the remainder. These camps are very small and if the grazing is finished before the end of the season the people must seek permission to go to another reserve and a new area to the East of Waterberg has been set aside. The motive of this plan is to induce the people to leave this reserve peacefully so that the land can be given to Europeans. It is difficult for the Government to order people to move from a Reserve by force as the people may refuse to go. But if their cattle are starving they are obliged to go elsewhere to get grazing for them and then they may not return. The people have given to this new Reserve East of the Waterberg the name OKORUKUR RE-the land of the razor blade-and it is now under the Welfare Officer of Otjinene. About fifteen villagers have already gone there because they are afraid of this system. 4. Selling of animals in the Reserves In all the Reserves people are not allowed to sell their cattle at any time. They can sell only by auction which is done three or four times a year even in emergency or when in debt. In the case of expenses incurred by illness the case must be referred to the Welfare Officer and only if he approves one beast may be sold. Prices are very low. In many auctions the people decide not to sell their cattle and take them away. They have often asked to be allowed to send their cattle to the big markets in the towns but this permission is refused. We have no right to make an agreement with a buyer who may be willing to give a better price. This has brought us to a condition of great poverty in the Reserves. The auction is done by agents chosen by the Government, viz the Grootfontein Afslaers, the Unie Vleis S.W.A. (EDMS) Beperk., and the P.C.U. Beperk. (Their addresses are respectively Posbus 64 Grootfontein, Posbus 950 Windhoek and Posbus 786 Windhoek). 5. Wages of labourers in the towns Wages for our people in the towns are very low. For men they are from £6. to £10 per month in Windhoek where pay is highest. A few men receive £12 per month. Women receive 1l.10.0d.-43.0.0d. per month. In other towns wages are lower than this e.g., Okahandja, where men receive £l.10.0d.-£3.0.0d. per month. In Otatu the wage is il.0.0d.-£2.0.0d. per month without rations, and in Omaruru it is £L1.10.0d.-£2.0.0d. and 13.0.0d. per month for men without rations. For men and women wages in the towns are very low. On the other hand prices are very high in the towns especially foodstuffs meat and clothing. House rents also will be high in the new locations in proportion to wages according to the regulations laid down for the new locations. Thus the figure of £1.18.0d. per month amounts to almost one third of the monthly wage paid in Windhoek. At present house rents in Windhoek location amount to 3/6d. per month for men and 2/6d. per month for women. In other locations rents are 2/6d. for men and 2/-d. for women per month. In Gobabis they are 3/-d for men and 2/-d for women. At the last meeting that we had in January when we raised the question of low wages we were told that the Government has nothing to do with the question of wage increases. That must be left as a matter between the labourer and his master. Prices in the towns and stores are of course the same for Africans as they are for Europeans whose wages are often ten times higher. Yet Europeans often argue that Africans need very little money as their wants and standards of living are so much lower than white peoples. Articles of clothing (being worn by petitioners) cost as follows: One pair of trousers ...... £7. 0. 0d. one shirt ...... £ 1. 15. Cd. one coat ...... £ 9. 17. 6d. one coat ...... £ 6. 0. 0d. one pullover ...... £3. 0. 0d. one pair shoes ...... £ 4. 0. 0d. one pair shoes ...... £3. 0. 0d. one suit (bought secondhand from his master) ...... £5. 0. Cd. one loaf of bread ...... 1/- 1/2d, 1/6d. (Average size 21 lb.) three pounds mealie meal 1/butter 3/3d per 1 lb ...... Meat-goat low grade 2/- per 1 lb. beefs 1l/8d. per 1 lb. one cow's head ...... 5/6d. heart and lungs ...... 5/- per lot feet ...... 4/- per lot stomach ...... 3/- per lot. Thus we are in great poverty because wages paid are very low but prices of necessities keep rising.

6. Passes The system is as follows: "I was working in a town. One day I got ill. My mother was in the Reserve but she cannot come to the town without special permission. This special pass must come from the Location Superintendent in the town. The Welfare Officer in the town cannot issue such a Pass. It is thus very difficult for us for there is no-one to go for this special Pass and wait at the Superintendent's office. My mother may have been told by someone that I am ill but there is nothing she can do to secure this pass from the Welfare Officer in the Reserve." Passes for people working in Windhoek must be got from masters if the journey is for a trial or for the purpose of paying house rent etc. If your master allows you to go to a burial without giving you a written pass you will be arrested. The penalty for this is a 13. fine or more or fourteen days to one month in gaol. If you are ill and are found in the location without a permit from your master or doctor you are arrested. Pass carrying is becoming ever harder on us because special passes are required for so many different things. We are entirely against this pass system. In making this Petition to the United Nations as we have a right to do according to the resolutions of the General Assembly and the opinion of the International Court of Justice, we wish to emphasise that we do so under the threat of new injustices and new threats to our land and means of livelihood and that there are no legal means which we can use to protect ourselves from the cruel oppression which is the end to which the noble concept of a, "sacred trust of civilisation" has been brought by the South African Government's Administration. The new facts, conditions and threats which we have set out here together with all our previous petitions are seen in the increasingly severe condemnation expressed in the yearly reports of the Committee on South West Africa and make it impossible for us to accept the good faith of the Union Government in any negotiations with the Good Offices Committee regarding our land and people. We fear that the United Nations may even be asked to diminish the meagre rights of oral and written petition that have been recognised by the General Assembly and the International Court and that the good work of the Special Committee on South West Africa may be threatened. In our annual meeting held in January 1958 at the Aminuis Reserve, the new Chief Native Commissioner, Mr. Bligenout, said that since he was now taking over the office of Chief Native Commissioner from Mr. Allen he wants us to put an end to writing letters to the United Nations and the Reverend Michael Scott. He said he wanted to emphasise that the United Nations would never be able to help us. "Never, Never". And he said it would be wise for us to renounce this struggle and approach the Government in a way that would make the Government sympathetic with us because others will never be given a chance to help us. We cannot believe that the statesmen of the world, having studied all the reports submitted to the General Assembly by the Committee on South West Africa and our petitions over the past twelve years will not see the necessity now of facing the brute fact that the policies being carried out by the present administration in the ways known to them by all the information they have are the very opposite of the noble ideal of a "sacred trust of Civilisation". We trust that the United Nations will take urgent steps to ensure an administration of this mandated territory in a way -that will enable our impoverished people to receive the benefits which other Trust Territories derive from United Nations supervision and from the Specialised Agencies which are improving the conditions of agriculture, education, health and the general well-being of their people. The nature and form of the administration required to enable this to take place only the United Nations is competent to decide. But we would repeat our request that since a Good Offices Commission has been permitted to begin its work a commission should also visit South West Africa, both to consult the wishes of all the African inhabitants on their future and to discover all the practical ways by which our situation could be improved with the aid of the Specialised Agencies and the advantages of scholarships and further study overseas for some of our young men and women. We trust that further elucidation of such points as these in our petition may be given to the Committee on South West Africa and the Fourth Committee by those who represent us. We also wish to make known that we have asked our representative the Reverend Michael Scott to request an oral hearing by the United Nations to enable the above facts and opinions to be considered in good time when the subject is discussed and also to state on our behalf that we have lost confidence in the good faith of the South African Government: that we should like the Mandate to be revoked and to be entrusted to a State or group of States chosen by the United Nations. Such an administration would we trust be able to use the resources so generally given through the Specialised Agencies and could recruit officers experienced in the problems of different races living together and wanting to cooperate with one another. 2. Communication dated 29 July 1958 from Chief Hosea Kutako, Mr. Chr Tziteza, Mr. E. Kauraisa, Mr. F. Katimo, Mr. L. Muriambihu, and Mr. L. Kaomba to the Secretary-General and the Chairman of the Committee on South West Africa Note: The text of this letter is substantially the same as that reproduced in this annex as an enclosure to the petition dated 22 July 1958 from the Reverend Michael Scott, with the exception of the two passages referred to below. (a) Under the heading "The question of moving the locations. New regulations", from the beginning of the seventh sentence to the end of that section, this letter substituted the following text for that contained in the enclosure to the petition dated 22 July 1958 from the Rev. Michael Scott: Regulation 9. Entering of premises (1) The superintendent or any of his assistants, the Medical Officer of Health or other authorised Health Officer, or other authorised employee of the council, may for any purpose connected with the carrying out of these regulations at all reasonable times enter without previous notice upon any premises whatsoever and make such examination and enquiry as he may deem necessary. (2) Any person who (a) Does not on request permit any of the officials mentioned above, in the execution of his duties, to enter upon and inspect any land, dwelling or premises; or (b) Obstructs such official in the execution of his duties under these regulations; or (c) Fails to reply to any lawful question that may be put by such official in the execution of his duty; or (d) Give to such official false or misleading information knowing it to be false or misleading; shall be guilty of an offence. Reg. 13 (1) Every person who proposed to convence or address a public meeting or assembly of persons in the location shall notify the superintendent at least 48 hours before such meeting or assembly, provided that the superintendent may, in his own discretion, accept shorter notice. (2) No public meeting or entertainment in the location shall be continued later than 12 midnight without the approval of the superintendent, nor shall any public meeting or entertainment in the location be continued later than the extended time to which permission has been granted by the superintendent. Reg. 33 (1) No person other than a registered occupier or authorised member of his family shall enter, be or remain in the location, without a written permit under the hand of the superintendent. (2) Upon conviction for contravention of the preceding sub-regulation, the court may, in addition to any other penalty, make an order for the ejectment of such person from the location. (3) The driver of any vehicle desiring to enter the location shall before entering apply to the superintendent for permission to enter, be or remain therein unless he already has such permission. Reg. 36 Notwithstanding any action which may have been taken in terms of the previous regulations, any person who fails to pay any sum for which he is liable in terms of the provision of this chapter on or before the 7th day of the month in which it becomes due and payable, and if such liability arises after the 7th day of any month then on or before the 7th day of the following month, may be ordered by the superintendent to remove, together with all members of his family, from the location forthwith. Any person failing to comply with such order shall be guilty of an offence and the court may, in addition to any other penalty it may impose, make an order for the ejectment of such person and the members of his family from the location. (2) If any registered occupier is ejected in terms of the provisions of sub- regulation (1), the Council shall be entiled to take over any improvements or property belonging to such registered occupier on the site at a price to be mutually agreed upon or, failing such agreement, to be determined by arbitration, and to reallocate the site and the property thereon to an approved person after the amount owing by the registered occupier and reasonable cost have been deducted from such purchase price; provided that the Council shall give at least 14 days' notice of its intention to exercise this right by serving such notice on the registered occupier or, if his whereabouts are unknown, by affixing a copy thereof to the main door of the dwelling or room which was occupied by him. Reg. 102 Every trader may employ, for the purpose of his undertaking, such number of Native assistants as may be approved by the Superintendent in writing. The trader shall submit to the Superintendent for approval the name and full particulars of identity of each assistant he desires to employ, and no such assistant shall commence work for such trader within the location without such approval being first obtained. Every trader who employs for the purpose of his undertaking in the location any assistant not approved by the Superintendent shall be guilty of an offence. Reg. 105 All traders and their assistants shall, when required by the Superintendent, submit themselves to medical examination by the Officer of Health, which examination shall be free of charge. Any such trader or assistant certified by such medical Officer of Health to be suffering from any infectious or contagious disease shall be prohibited by the superintendent from being employed on any trading site or handling any foodstuffs for sale therein until he has obtained a certificate from the Medical Officer of Health to the effect that he is no longer suffering from such disease. (b) The wording of the last paragraph of the communication dated 29 July 1958 differs in some respects from that contained in the enclosure to the petition dated 22 July 1958 from the Rev. Michael Scott. The last paragraph of the communication dated 29 July 1958 reads as follows: Finally we wish to make known that we have asked our representative, the Reverend Michael Scott, to request an oral hearing by the United Nations to enable all the facts and opinions we have given here to be considered in good time before discussion is concluded in the Fourth Committee also to make a statement on our behalf that we have lost confidence in the good faith of the South African Government and that we should like the Mandate to the Union of South Africa to be revoked and its administration to be entrusted to a State or group of States chosen bjr the United Nations. Such an administration would we trust be able to call upon the resources so generously given through the Specialised Agencies and to recruit officers experienced in the problems of different races living together and wanting to cooperate with one another.

ANNEX VIII Summary of oral petition submitted by the Reverend Michael Scott at the 94th meeting of the Committee on South West Africa Mr. Scott informed the Committee that he was glad to have been able recently to establish personal contact with the Hereros whom he represented. Although the Union Government refused to allow the Hereros to attend the United Nations themselves, he trusted that it would continue to be possible for their views to become known to the organization through the form of written and oral petitions. The Hereros had asked him to convey their appreciation to the Committee for the detailed and factual reports which were issued each year on living conditions in the Territory. While there was undoubtedly some confusion over the existence of two, or in fact three, committees of the United Nations dealing with South West Africa, it had become recognized that the Committee on South West Africa was the body specially set up to receive reports and petitions. Through this body, established in an attempt to satisfy the Union Government's objections to Trusteeship over the Territory, the world had learned more about life in South West Africa than it had ever known before. In fact, the barrier created by the Union Government to keep the world from knowing about conditions in the Territory had been more effective in keeping the inhabitants themselves from knowing how detailed and well-informed the United Nations reports had been. Evidence of this was an article published in the South African journal "Contact", which, although purporting to give "facts the United Nations has not been told" about South West Africa, in effect only confirmed what the United Nations had already made public. While he thought that it would be improper for him to address the" Committee on the subject of the report of the Good Offices Committee, Mr. Scott none the less felt that he should mention an African reaction to an earlier suggestion for partition which had been made by the Anti-Slavery Society.' The suggestion had been viewed with the greatest mistrust. That the present suggestion would equally be regarded as a betrayal was understandable if the past history of the Herero people was recalled. It was hard for them to believe that such a suggestion could be made in good faith when their land had long since been occupied by missionaries and traders and they had later been massacred by the German Army because it considered them an inferior race. Much of the havoc which had been wrought in the Territory could be attributed to religious and political bigotry. A large part of the problem derived from the fact that the "Europeans" had been taught that they had been placed there by God to rule over everyone else. The United Nations had to deal in this matter with far more than racial prejudice, which given time and goodwill could be overcome. It was confronted with a whole State structure and system of legislation based on the assumption that one race was superior to another. That belief had been the basis on which the whole system of discriminatory laws, which deprived the "Na1 See Official Records of the General Assembly, Sixth Session, Annexes, agenda item 38 document A/1901/Add.2, appendix III; Ninth Session, Annexes, agenda item 36 document A/2666/Add.1, annex IV; Eleventh Session, Supplement No. 12 (A/3151, annex IV). tives" of their lands and rights, and which they were constitutionally powerless to end or amend, had been built up. That was not something on which a little could be done in a spurious spirit of conciliation. It was a question of a tradition and philosophy in which the population had been indoctrinated both by preachers and politicians until the "masters" and "servants" alike had come firmly to believe in the concept of superior and inferior races. The legislation which was designed to keep a whole people servile was based on that philosophy. The United Nations thus had to deal with a situation resulting from deeply-engrained false doctrines wedded to short-term vested interests. If it failed to act, the result could well be an explosion such as had occurred elsewhere in the past when all the channels of constitutional change had been blocked. The consequences for the world as a whole, and Africa in particular, would be extremely grave. All Africa was watching to see how the civilized nations of the world, and Christian nations in particular, would deal with the problem. He hoped that the declaration recently made at an international conference of the Dutch Reformed Church to the effect that "no race may declare itself privileged or superior to other races" would have some influence on religious thought, but merely to pass resolutions was not enough. The United Nations could not afford to evade the facts of the situation, which were that a State claimed in the name of "white civilization" that it had the right to establish a system based on those very principles on which the Nfirnberg laws had been based and that it did so in the name of international law and order. The problem was an urgent one, for the African people were rapidly becoming disillusioned. They saw the double standards which were applied among many of the leading nations in condemning tyranny in one part of the world and condoning it in another on specious procedural grounds. The record of, broken promises in regard to their land and their rights and aspirations was another reason for the breakdown of confidence. Not only had the Herero, Nama and Berg Damara peoples been deprived of their land by Germany after they had been converted to Christianity, but Germans had subsequently been settled on Herero land as part of the process of their rehabilitation. Negotiations were now taking place with the United Nations at a time when their land was once again being taken away from them. First the Aukeigas reserve and now the Hoachanas reserve, inhabited by Namas since before the German conquest, were claimed in terms of the "White" man's law. Another example was the breach of a longstanding promise to Chief Hosea Kutako about the corridor beyond the Aminuis reserve, a promise recorded in the archives of the League of Nations. He then quoted from a letter from Mr. Oretu Oveni dated 13 June 1958, which stated why the Africans were opposed to the removal of the Windhoek location to another site, a subject dealt with in the written petition from the Hereros. Mr. Oveni maintained that all four of the African tribes living in the existing location had made it known that they had no intention of moving to the new township. They had not asked for a new township and certainly not for a site three or four miles outside the town. The rent was far more than they could afford, but they had not been consulted and had had no opportunity to express their views. They considered that the regulations already promulgated in relation to the new location were an affront to them as human beings. Mr. Scott believed that the Africans might offer passive resistance to the forcible removal. Another symptom of the deep disaffection of the people was to be found in the plea contained in the petition from the Hereros that the Mandate should be revoked and entrusted to another State or group of States or administered directly by the United Nations. Mr. Scott concluded his statement by drawing attention to other points raised in the written communication of the Hereros.1 1 See annex VII above, enclosure to petition dated 22 July 1958 from the Reverend Michael Scott. ANNEX IX Petition dated 13 June 1957 from Mr. Nghuwo Jepongo, Ukuanyama Tribal Congress, Ovamboland, to the Secretary-General We the Kuanyamas of the Ukuanyama tribal congress, respectfully wish to lodge the strongest protest against the Nationalist Government's actions of deporting the Revd. T. H. Hamutumbangela to Windhoek for his writings on our behalf to UNO (in 1955).1 (b) We should like to make it known that the deportation of the Revd. T. H. Hamutumbangela is incorrect and barbaric. Since 1955, until now, he is being held up and refused permission to return to the Ovamboland, where he suppose to be. He is also isolated from his families. We therefore petition again the UNO to submit the question of the above mentioned apartheid victim to the International Court of Justice for its compulsory jurisdiction. (c) Again, we lodge the strongest protest against the Union Government's (residential Native Commissioner, Oshikango, Ovamboland, of the Native Affairs Dept., S.W.A.) deception, for burning UNO's letter addressed to the Ukuanyama tribal congress. We regret to inform the UNO that the letter addressed to us, was burned before it reached its destination (early this year). This sort of thing must be stopped. Such a display is extremely irregular and most undignified. (d) We feel deeply disappointed at UNO's procrastination and failure of placing the Province of South West Africa under the trusteeship of UNO. (e) We want to make it known that we, still, reaffirm our decision, that, in our view the apartheid continues and constitutes a grave threat to our national life and social peace. (f) The nationalists have introduced an evil explosion amongst Non-Europeans out here, namely, the "Bantu Authorities Act". It empowers tribal Chiefs or Headmen, in certain circumstances to prohibit petitioners to UNO; to exile anti- apartheid natives; and to control the native reserves on the basis of air tight level. It means, a chief's will etc. will be his people's will. It also means, now, natives will have no say in their tribal meetings etc. Many of our present chiefs and headmen were almost appointed by European Native Commissioners. 1 A/2913, annex VIII. Some were interpreters and became headmen, but people were not even consulted to approve them. The "Bantu Authorities Act" is a dangerous, political shadow that threatens and hangs upon all nonEuropeans out here. The "Bantu Authorities Act" was brooded by Dr. Verwerd, the Minister of Native Affairs, the non-Europeans' worst enemy. (g) The apartheid-followers are slily foisting their republic upon us now. Our tribal headmen have been urged upon to sign some more secret documents unauthorised by us. Now many chiefs 'and headmen are apartheids' vic,tims of fear. We have already unbosomed our feelings and reactions against apartheid. (h) The apartheid is a ceaseless terror-now hun, dreds of Ovambo workers in the police zone have been arrested. Nobody knows what is their crime. It is only that they happen to pay a visit, or were sleeping somewhere where they have no permission to sleep. They have either to serve six weeks imprisonment or be fined three pounds (£3). The daily wages of an contract Ovambo are 7/6 per week. The sum of three pounds (£3) is his three months savings. No contract Ovambo may pay a visit to his friend or brother in adjacent house without permission. Fines! fines! (i) Conditions of life for Ovambo Native labour in South West Africa are a scandal. There is a grave system of forced labour. The Majority of Ovambo recruits for S.W.A.N.L.A. are forced to go somewhere they do not want. Eventually, they sneak away. By sneaking away, before they reach Ovamboland, they have hundreds of miles to walk. Many ,were thus eaten up by lions; many starved in the way; many were shot down by Boer farmers; many were captured by S.A. police, before they reach Court, they were savagery kicked and beaten by S.A. Boer Policemen. At the Court they are always fined ( £ 10) ten pounds or serve six months imprisonmenf with heavy labour. (j) Because we are voteless, we are also defenceless: In farms-now the majority of Boer farmers are not friendly to their Native contract boys. The Ovambo farm boys were decreased by their farm employers by shootings. Some Ovambo victims were forced to dig their own graves; many of Ovambo corpses were burned to ashes by farmers and thus were concealed; Ovambo corpses were thrown in deep dry wells; some

Ovambo corpses were hidden under big heaps of cattle manures. Few farmers accused of murders were fined fifteen (£15) pounds only by Court. This above mentioned amount is often part of an Ovambo victim's sacked monies (savings). No Ovambo is ever allowed to serve outside South West Africa. Forced labour is no where exist in the rest of the civilised world. The South West African Native Labour Association, known as "SWANLA", is a guileful harlot which murders Ovambo Native Labourers deceitfully by means of false contracts. The abused Union Mandate of South West Africa was eventually a British Mandate. It was a mandate which was handed over to his Britannic Majesty George V in 1919-1920. The King had handed it over to the United Party of South Africa, i.e. the British U.P. The present Nationalist Party is anti-British. Therefore they cannot define the principles that the Mandatory system exists no more. We do not want it to be defined by an outsider, we want to define it ourselves in the best interest of our people. Now, as the Ovamboland is outside the Police Zone, we now define our principles viz: (a) From the 1st January, 1958, we shall join the British Commonwealth of Nations. (b) In 1915, our late Chief Mandume had achieved the same decision. The United Party (British) had whitewashed his ambition. We would wish UNO to recognise it, that on the 1st January, 1958, we shall cross the border into British Zones. was conquered by Union in 1915. Ovambos had made friendly treaties with the Germans. But the Ovamboland itself was outside the German Crown Colony of S.W.A. We are aware of the fact that every Native, whoever disagrees with apartheid is regarded a "communist" by apartheid followers out here. Once we are free from the apartheid's jurisdiction, our labourers will have to select their own work. We have informed Her Majesty's Government, as far as our change of mind with the Administration of South West Africa is concerned. Ovamboland was never German S.W.A. portion. Whoever writes (ovambo) to UNO is in jeopardy out here. We may not write again this year, as we find it very hard indeed to transmit letters to the United Nations Organisation. May God bless UNO (Signed) Nghuwo Jepongo P.S. We want to send monies for the relief of the Revd. T. H. Hamutumbangela, deceitfully deported to Windhoek. Will UNO help please! N.J. ANNEX X Petitions dated 3 August 1957 from Mr. Toivo Herman Ja Toivo and eighty other Ovambo, dated 22 November 1957 from Mr. S. Shoombe and 100 other Ovambo, and related communications dated 25 June and 29 July 1958 from Messrs. Festus Isaacs, Toivo H. Ja Toivo and D. D. Shoombe 1. Petition dated 3 August 1957 from Mr. Toivo Herman Ja Toivo and eighty other Ovambo, Ovamboland, to the Chairman of the Trusteeship Council We the undersigned on behalf of Ovambos and being inhabitants of S.W.A. would like to tell the world and your organisation that we are the backward people educationally, politically and economically living under slavery conditions and incapable of participating in the affairs of our country due to the lack of education. We also note with regret that even if someone in Ovamboland Was available to represent us and express our views and feelings to the world, due to the restrictions imposed on us by the Union Govt., he would not be permitted to go over to do so. Therefore we appoint Mr. Mburumba Uakerina (Getzen) jointly with Rev. M. Scott as our representatives at United Nations. Mr. Mburumba must always be allowed to speak on our behalf at United Nations. Likewise Rev. M. Scott must continue to deputise for us. We very much feel annoyed by the false statements made to your organisation by the Union Government that we are in favour of the incorporation of S.W.A. into the Union. It has been accepted as such because we have no means to let our opposition be heard owing to the facts aforesaid. Secondly, we are isolated and cut off from civilised world by the Union Government with its racial barriers. We are supposed to'be satisfied because we have not lost our land. Yet we would like the world to know that a portion of our country is placed in the Police Zone. This part stretches from the boundaries of Grootfontein and Tsumeb westward to the borders of Outjo and Okaukuejo. Those are the boundaries of the Hereros and Ovambos. The Tsumeb mine belongs to Ovamboland for it was worked by the Ondongo, an Ovambo people, before the White people came. When the Germans discovered this mine they found Ondonga people mining the copper there from which they used to make bangles which they use to sell to the other tribes. Another portion lost to the Ovambos is that on the north of Oukuanyama at present in the hands of the Portuguese. We have stood and will continue to stand together with our brothers the Hereros, Berg-Demaras and Namas to the bitter end. We also call upon Great Britain, America, France and Belgium even at this last minute to reconsider their decision of handing over S.W.A. to the Union Government for she has failed to fulfill her promises or obligations and to comply with the covenant of League of Nations as well as the United Nations Charter which is its legal successor. After 38 years rule over the territory, the Union Govt. has shown its incapability of "Promoting the moral and material wellbeing of the indigenous people in the territory", instead it kept the people in the reservoir (reserves) as a source of cheap labour. 60

We demand that our country be placed under the Trusteeship Council which we believe will look after us as a "Sacred Trust". We hope the U.N. take immediate steps and send a commission to come and see things for themselves. We as a people would like our children educated so that we can run our own affairs when the time comes. Furthermore, we demand the release of Rev. T. H. Hamtumbangela who in the eyes of the Union Government committed a punishable crime by petitioning on our behalf. This is a right to which he and all of us, inhabitants of a mandated territory, are legally entitled to. We believe you are told that Rev. Hamtumbangela has been transferred by his church to Windhoek as a free man but if it were so, why when his daughter passed away last December and he wanted to attend the funeral the N.A.D. issued him with a travelling pass on which it was stated that he should not address any meetings and he should only stay in Ovamboland for three weeks? As he is a head of a family, the church and tribe, we would like to have him immediately. We also demand the abolition of the compulsory "Contract System" through which our young men are employed. Contracts should only be taken voluntarily and every young man must be free to choose and serve his master as long as they understand each other. Our married women folk must be allowed to accompany their husbands to their place of work if they wish to do so; the unmarried women must be permitted to enter the Police Zone and look for work if they like to. We very much regret for the omission of our address because through recent experience we have noticed that although it is our right to petition as inhabitants of a mandated territory, it is suicidal for any person who does so. Therefore we hope you will pardon us for not giving our address. OVAMBOS. We the under signatories on behalf of Ovambos having been cut off from any other communication with the world abroad and have no other means to let our voice and objections heard by your organization and the whole world, appoint Mr. Mburumba Uakerina (Getzen) ex-student at Lincoln University, Pennsylvania, and now residing at 20, Willow Street, Brooklyn 1, New York as our national representative at United Nations General Assembly jointly with Rev. Michael Scott. We plead that whenever possible Mr. Kerina Must be permitted to speak on our behalf and our brothers the Hereros, Berg-Damaras and Namas. (Signed) , Toivo Herman ja Toivo Simeon ja Jonah P. S. B. Jackola Thomas Hamukoto Johannes Kambua Sam Mathias Mathias Joseph Timothy Nangoro Kaulwame P. Johannes J. S. Ekandjo Piet Johannes Gebriel Hinghumbi Petrus Johannes Jackob Isaac Erastus Kalundalali Joe Emuula Polly S. Kaukungua Reinhold Sylvanus Gideon Phlipus Martin Lucas Hashali Shimuefeleni Michael Ismael Phillip L. Nehemiah Leonard Philemon George Sontshontsha Johannes Detrus H. Hashidala Zackeus King Kamboji Simon Hamuhanja Noah Zackeus John Steyn W. Zackeus L. Laurence A. Nakamela Pedro H. Joseph Johannes Haulonga Timoteus Ammonie Titus Petrus David Haukowgo Joseph Philemon Simon Demfayo Jonas Johannes Kamulu Isaac Abraham S. W. Mifima J. H. Joseph P. H. Hangula T. Nestor Torvo Thomas Katumbe George Ipanda Johannes Mengela Abraham Erews Frans Djulume S. Paulus Helmuot Thomas Abraham Thomas Junias Erasmus Shindjinga Cathrina Erens Lucus Helmudt Ananias Padjelenga Kilus Joshuah David Mathius H. N. Haidula Peter Hita Victor Vilho Festus Eliah Uejulu Joshuah Nangoro H. E. Nakashole William Shetheni Paulus Namangono Thomas Handjengo Stephin Nangoro David H. Williams A. Elias Shingenae Johannes Abrahams Nangoro Shigueza Patrich H. Joshuah Africa Erens Naufiku Shefeni Sakaria Namolo Jeremiah David Festus Isaac 2. Petition dated 22 November 1957 from Mr. S. Shoombe and 100 other Ovambo, Windhoek, to the Secretary-General' We the undersigned Ovambos of South West Africa wish to make it known that Mr. Mburumba Gertzen is duly authorised to speak on our behalf at the United Nations. The population of Ovamboland is 200,000 and there are only two medical Doctors with the result that the death-rate is very high. But the two Doctors have been provided by the South West Africa Native Labour Association (SWANLA) to examine the young men who go to work for the Europeans on the farms, mines and as shepherds and as domestic servants. Education There are no High schools or secondary schools in the whole of Ovamboland. The teachers are of a very poor quality because they are taught in Primary schools which give tuition up to Std. III. The chiefs and Headmen are illiterate and are appointed by the Government. They receive presents from the Government such as clothing, tobacco, sugar and liquor as a means of bribing them to allow their young men to work as unskilled labourers for the Europeans. It is untrue as the Union Government has stated that Gertzen is unknown in South West Africa. Ovamboland is a concentration camp where the inhabitants are not allowed to leave without a pass. They leave the area only as indentured labourers to work for the Europeans for 18 months or two years, but they are not allowed to return home before the expiry of their contracts. They are also not allowed to 'leave Ovamboland and to take up residence in the police Zone, nor are they allowed to be accompanied by their wives.

The inhabitants of Ovamboland are appealing to the United Nations to place the territory under the trusteeship of the United Nations. (Signed) A. Amunjela B. Ipinge K. Angula R. Tjipojeni S. Shitulipo E. Amukuaja F. Aluziku H. Hituvantapo M. Shuveni N. Ndeutepo T. Hamutenja D. Kapinja L. Shikukuete Z. Shijukifeni V. Hikukuete W. Pashukeni I. Kandenge I. Hitilamuntu A. Hitalua K. Nautende S. Shimakela T. Nunjango D. Shanika M. Dapopiua K. Hituuampata N. Nambalimba B. Hailonga W. Dungula Y. Hitukamuntu F. Kashuati S. Akuenje B. Nujama I. Akapeke M. Naufila N. Shikuafini P. Kutondokua K. Hajimbondi H. Alufazi R. Hindenguavali U. Nkundulu W. Hifelenja L. Hamalua Z. Kambonde N. Akuake P., Panduleni A. Ndeshihafela K. Hamukoshi D. Namukuiju N. Ashipala S. Hikuangela T. Amapindi I. Shijelemo V. Shikololo Y. Shipashu K. Muandi B. Hilondobavali N. Henkali M. Shamu D. Amakali K. Shuveni R..Deshipanda R. Kalola A. Mushuandukilua M. Ikuambi I. Amakango N. Mpugulu Z. Ijambo W. Nandjamba V. Akandje K. Mushelempi S. Muatila I. Kauti P. Kangue F. Muatilandje T. Kakuena E. Mungandjela L. Mbongozija S. Kazila R. Uzima B. Magumbo A. Nakambale M. Katakeni W. Uzigo N. Kambuzala E. Etembu Z. Kafuma K. Nambashu B. Shimoni S. Nilenge T. Alumbungu M. Deshinekela R. Naligaluke N. Hipondokua W. Shihuanda V. Kalompo A. Kajambulua K. Nelenge E. Shindolo Z. Nakale A. Nahauja S. Shoombe 3. Communication dated 25 June 1958 from Mr. Festus Isaacs, Mr. Toivo H. $a Toivo and Mr. D. D. Shoombe to the Secretary of the Committee on South West Africa' OVAMBO PEOPLE'S CONGRESS PETITION We are closely watching the tide of events in South 1 Transmitted to the United Nations by letter, undated, from Mr. George M. Houser, Executive Director, American Committee on Africa. West Africa with regard the activities of the South African Government in this mandated territory. The victory of the Nationalist Party in the last election held here confirmed our prognostication. The increment among white voters in South West Africa in favour of the Nationalist Party return to power symbolises the fear which dominate the White people in this country. This fear of an eventual emancipation of the African people in South West Africa from the South African slavery has in general been distorted by the South African politicians in our Territory. However, it is our strong belief that the only possible way of assuring security to the White people in South West Africa would be the United Nations. The people of South West Africa need guidance from the United Nations to avoid future misunderstanding and suffering of the people. We urge the United Nations to act now or else the situation will turn into violence and confusion. The ordinance of the South African Government which has been passed recently permitting European teachers to actively participate in politics signify a clear step of the totalitarian nature of government in South West Africa, in our ouinion, it is cataclysmic return to Hitler's dictatorship in Germany. This action has resulted in the turning of classrooms into political indoctrination institutions. The enclosed cuttings from the Windhoek Advertiser2 will substantiate our statement, and what has been actually taking place in various European schools here. This is a flagrant violation on international obligations entrusted to the South African Government in the mandate agreement. Time has come to make our position very clear before the world. Very often, we have been informed of the evils of communism in Europe and Asia by our White oppressors as well as the government, disregarding their own evils and unjustified oppression inflicted upon us. May we say that our problem is not against communism, for the reason that we have never been colonised by communism. In fact the countries that are now supposedly under communism are not represented by Russians internally and externally, but by their own people. Here in South West Africa the situation is rather the indirect way, the whiteman is a little self made GOD in his little acre of land, while Africans serve as slaves in this heaven which is their natural land if birth. If communism as defined to us here means African freedom, and in practice western democracy stands for the domination of the majority by the few, then, we are afraid we have to make our own choice. We urge the United Nations once more to place South West Africa under the Trusteeship System before it is too late to act. Festus Isaacs for the Bergdamara people, Toivo H. Ja Toivo for the Ovambo people, D. D. Shoombe for the Ovambo people 2 The clippings accompanying this letter have been retained in the files of the Secretariat.

4. Comunication dated 29 July 1958 from Mr. Festus Isaac, Mr. Toivo Herman Ja Toivo, and Mr. D. D. Shoombe, to the Secretary of the Committee on South West Africa Re: PETITION Once again we pray that our territory of South West Africa be placed under the Trusteeship Council of the United Nations. In submitting this petition, we strongly believe that the United Nations is founded on the great Christian principle of absolute justice. The General Assembly, the Committee on South West Africa as well as the whole United Nations Organisation know too well even more than we do, that the Union Government is guilty of "a breach of duty", in terms of the mandate. The Union Government posed as a nation that "Shall promote to the utmost the material, moral wellbeing and social progress of the inhabitants of the territory subject to the present mandate". In terms of the mandate it is evident that the inhabitants referred to in the mandate are none others than the indigenous peoples of South West Africa; i.e. "Demaras", "Hereros", "Ovambos", "Namas" and the "Coloured" peoples. The territory is under the Mandatory guardianship of the Union Government now for the last 38 years, and during this long period, as far as the indigenous peoples of the territory are concerned, the Union Government has not "promoted to the utmost the material, moral wellbeing and social progress of the inhabitants". It is historically well known what strides of progress could be made in 38 long years. The Union Government has purposely and willfully failed to discharge her duties towards the indigenous inhabitants of the territory. This statement is absolutely irrefutable if we understand the meaning of "Social Progress" in its proper Western sense. This statement cannot be refuted, considering the long period of 38 years in which the Union Government has kept and is still keeping us in primitive reserves for no other purpose than that of securing cheap labour. As to the present state of affairs in South West Africa you have all the first hand information at your disposal. You have the personal statement of Mr. Mburumba ua'Kerina, a man born in South West Africa who really knows what it is like to be deprived of the elementary human rights, not to speak of a host of unChristian and immoral oppressive laws of which you all at United Nations have been informed through our petitions and other sources. It is constantly stated that the United States of America, Great Britain and their satellite countries represent "World Christianity", "the democracy", "The Free World and Justice". We the indigenous peoples of South West Africa have always favoured the Western powers and their satellites for their Christian belief. In the General Assembly deliberations, the delegates are divided into two main groups. On one side we have the "Western states", also variously known as the "Free World", "The Democratic States" and the "Christian Countries". This side is headed by the delegates of United States of America, Great Britain, France and their satellite countries. On the other side we have the delegates of all the non- Western states. From the deliberations in the General Assembly of United Nations, it is quite evident that those delegates who represent "Christian countries", notably Great Britain and her satellite countries are causing the deadlock in the matter concerning the mandated territory of South West Africa and the Union Government. They also cause the present status quo in South West Africa to continue. We therefore appeal through your Committee to the Government of the United States of America, Great Britain in particular and France as well as their satellite countries to reconsider their position in the true Christian and democratic spirit concerning this matter of South West Africa by supporting the one and only just settlement to have the territory placed under the Trusteeship Council of the United Nations Organisation forthwith. (Signed) Festus Isaac Toivo Herman Ja Toivo D. D. Shoombe ANNEX XI Petition dated 14 May 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the the Committee on South West Africa Members of the Ovamboland People's Congress of South West Africa have requested me to inform the United Nations that the South African Government is forcefully repatriating Ovambo people who have been domiciled in the Police Zone for a considerable length of time to Ovamboland. "The South African government", said my informants, "has made it clear to them that return of Ovambo people to the Police Zone in future will be on Contract System". The Ovamboland People's Congress strongly protests this policy of the South African government, and requests that the United Nations take immediate action requesting the South African government to bring an end to this policy at once. The Congress holds that this measure is a violation of the South African government's international obligation as set forth in the mandate agreement. (Signed) M. Kerina Mburumba Kerina (Getzen) cc.: Secretary, Ovanboland People's Congress Secretary of

ANNEX XII Petition dated 1 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa Information has just reached me that the Government of South West Africa has nullified the TRANSPORTATION LICENSES of Mr. Streitwolf and his friend, who have been engaged in private transportation enterprises in the GROOTFONTEIN, TSUMEB and OVAMBOLAND areas. Knowing the situation in South West Africa, recognizing the fact that the Government has made no explanation for this action, and assuming that there was no provocation on the part of Mr. Streitwolf and his friend to have them take this action, I am convinced that this measure was taken with the intention of removing this lucrative enterprises from the hands of responsible Africans in order to facilitate its transfer to a European Settler. I hereby appeal, on behalf of Mr. Streitwolf and his friend, to the United Nations to take note of this grave situation, to consider its implications, and to make due recommendations to the Chief Native Commissioner in South West Africa. cc: Mr. Streitwolf Chief Native Commissioner (Signed) M. Kerina ANNEX X1i Petition dated 4 July 1958 from Mr. Mburumba Kerina (Getzen), New York City, to the Secretary of the Committee on South West Africa I am writing you this letter in behalf of the people of South West Africa who have authorized me to speak for them at the United Nations, to bring to the attention of the Committee on South West Africa the recently enacted legislation in the territory affecting the African people in urban areas. This legislation is centered around a long controversial issue in South West Africa, namely that of finding out ways and means to prohibit those Africans residing in urban areas from owning cattle. The following are extracts from the Chief Health Inspector's report as reported in the Windhoek Advertiser of June 27, 1958. "The grazing in the location camp is very poor, as a result of overstocking. The veld is actually trampled out and soil erosion is bound to step in if this state of affairs is allowed any longer. "This land can then be given out to more productive milk producers, with the specific instruction to produce milk for the inhabitants of the location only. "The Manager of Native Affairs is in favour of this recommendation." With regard this particular matter. The policy of the government has been that of: (a) Limitation of number of cattle to be owned by Africans in urban areas. (b) Limited grazing area for Africans' cattle with restriction against the African's cattle's use of the extensive European grazing areas under threat of confiscation of African's cattle if this regulation is violated accidentally or otherwise. (c) Unrestricted number of cattle to be owned by Europeans in the same area. (d) Unlimited grazing area. This legislation deprives the African people of the few cattle that they possess in urban areas, thereby, transferring the complete ownership into the hands of the Europeans. If the Administration is concerned about soil erosion, why should the grazing area not be proportionally divided between Africans and Europeans. This question can obviously be easily answered. It is simply another manifestation of apartheid in action: Under any conditions of hardship affecting the total community the first action taken is that of eliminating the Africans from the situation in order to provide relief for the European Settlers. Judge for yourselves gentlemen, what are the social and economic consequences of this kind of Administration for the already hard pressed African majority of the South West African population. (Signed) M. Kerina Mburumba Kerina (Getzen) ANNEX XIV Petition dated 17 October 1957 from Mrs. Kithe von Lobenfelder, Outjo, to the Trusteeship Council' I am turning to you in desperation. I was born in South West Africa on 31 October 1901. My father was 1 Original in German. the German Protectorate Force Officer Count von Stillfried. My mother was a so- called half-caste. I have two sons both of whom I sent to Germany in 1922 to enable them to visit a better school. During the Second World

War both of them were forced to become soldiers despite their anti-nazi attitude. They became officers. Both of them held good jobs after the war, but, owing to political hatred, lost them. Being ill and owning a farm I would like to bring my second son here to help me. For the past two years we have been corresponding with all kinds of officials. Sworn depositions were required in Pretoria and in Germany. At least twenty to thirty letters were exchanged with the Government in Pretoria, S.A., Windhoek, S.W.A., and Hamburg. Now my son informs me that he has received word from Pretoria to the effect that his entry permit has been denied. On inquiry for reasons for this action, reasons were denied. Getting to the bottom of this, I only heard Apartheid !!! Is there outside of South Africa another country where entry into their country of birth is denied to children who were sent abroad for a better education in view of the inadequate facilities at home? South West Africa is a mandated Territory and has a mandatory, the Nazi-Government of South Africa which assumes the right of denying entry to children who were born here, and who enjoy a good name and reputation in Germany, particularly in view of the fact that some doubtful characters have been permitted to enter here. I, myself, was in Germany with my foster parents, the Hotelman Rolle where I studied the hotel business in Chemnitz and in Berlin. The industrious Germans are well thought of the world over except by the who regard them as second class people. The Boers, on the other hand, consider themselves as first class. At the same time Afrikaans is considered here to be the "world" language. Should the Government continue to persist in its present position, I would kindly ask for your advice by what means my son and I could settle in some other country. I own over 200 heads of cattle which I am prepared to sell. I was born in Windhoek, German South West Africa, on 31 October 1901. My son, Werner Peschel, was born on 7 January 1918 in Bersteck near Keetmanshoop, S.W.A. His address is: Werner Peschel, Plietzhausen-Reublingen, Tiibingerstrasse 5, c/o SchAfer, Germany. (Signed) Mrs. Kiithe von L6benfelder ANNEX XV Communication dated 6 August 1957 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa I am very concerned to read that the truth of statements I have made to the Fourth Committee are being quesioned by people resident in South West Africa. I see that they wish to answer my allegations, and I very much hope that it will be possible for me to appear before your Committee in order to reply to any points that may be raised relating to my previous statements. I should be most grateful if I could be kept informed about this matter. (Signed) Michael Scott ANNEX XVI Communication dated 10 August 1957 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa I am enclosing herewith copies of letters from Chief Hosea Kutako to the Secretary-General' in case by any mischance some of these have not been received. I have noted a reference to only one of his letters in Press reports on recent proceedings of the Committee. I should be grateful for an opportunity of making an oral statement to the Committee if I could be informed of a time that would be convenient to you. From the Chief's last letter, and preceding letters, it is clear that they would like a Commission from the United Nations to visit that territory to ascertain the truth, or otherwise, of statements that have been made about his people and their conditions. I know also that they would like one or more of their own people to travel from South-West Africa to state their own case in their own words and until the necessary travel permits are granted them I feel in duty bound to cbntinue to do what I can. I should be grateful if you could inform me when it would be convenient for the Committee to grant me a hearing. (Signed) Michael Scott 1 Letter dated 28 May 1957 to the Secretary-General, the text of which is reproduced in document A/3626, annex X (b); and letter dated 25 July 1957 to the Secretary-General, the text of which is reproduced below as annex XVIII.

ANNEX XVII Communication dated 14 January 1958 from the Reverend Michael Scott, The Africa Bureau, London, to the Chairman of the Committee on South West Africa I am enclosing herewith copies of letters I have received from Chief Hosea Kutako dealing with the question of land in the Aminuis Reserve and the matter referred to in the last report of your Committee page 16, paragraph 81:1 (1) A letter from the Chief addressed to the Secretary-General.2 (2) A letter from the South African Government Department of Native Affairs to Chief Hosea.8 (3) A memorandum on Chief Hosea Kutako's objections to transfer of land in Aminuis.4 I am not sure whether both these documents, (1) and (2) were sent to you directly from South West Africa and whether both have been received by you. (Signed) Michael Scott I A/3626, annex I. 2 Letter dated 27 November 1957, the original of which was received by the United Nations direct from Chief Hosea Kutako. For text, see annex VI.1. 3 Originally received by the United Nations direct from Chief Hosea Kutako, as an enclosure to his letter dated 27 November 1957. For text, see enclosure A to annex VI.I. 4 The text of this memorandum has been reproduced above as annex VI.2. ANNEX XVIII Communication dated 25 July 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General With reference to the petitions delivered at the United Nations by Mr. Wilhelm Heyn and Dr. Joachim Seegert,' I wish to inform you that these two men are unknown in South West Africa as far as the indigenous population is concerned. South West Africa is a country where no other races are allowed to rule except Europeans or people with white skins. All Europeans belong to a privileged group; they have the vote, they rule the country, they oppress the non-Europeans and they are free to go to the United Nations. The indigenous population does not have all these privileges. Most of the Europeans who live in this country are not likely to disclose the evils which are pursued by the 1 A/3626, annex XI. Union Government in South West Africa because they believe that that would be against their interest. We do not think it would be advisable for the United Nations to put faith in a white resident from South West Africa if he is not accompanied by black petitioners. Up to now our only white representative at the UNO, is the Rev. Michael Scott, whose information was not only obtained from his own experience in the country but also directly from us who have not been here for decades and years but indigenous in this country. Therefore his information is that of an indigenous person. As to the Importial United Nations representatives mentioned by the two men, I wish to add that our request for such representatives dates as far back as 1946, and we have been asking for them ever since. (Signed) Hosea Kutako ANNEX XIX Communication dated 9 September 1957 from Chief Hosea Kutako, Windhoek, to the Secretary-General I have the honour to inform you that the Rev. Michael Scott is still our representative and he should be allowed to speak at the meetings of the United Nations on our behalf. (Signed) Hosea Kutako ANNEX XX Communication dated 4 August 1958 from Chief Hosea Kutako, Windhoek, to the Secretary-General' On behalf of the Herero tribe of South West Africa, I have the honour to inform you that I have appointed Mr. Mburumba Kerina as our representative at the United Nations and am asking that he should be allowed to speak on our behalf. (Signed) Hosea Kutako 1 A copy of this letter was also transmitted to the United Nations by Mr. M. Kerina (Getzen) on 14 August 1958.

ANNEX XXI Communication dated 3 December 1957 from Mr. Jacobus Beukes, Rehoboth Community, to the United Nations General Assembly This is to inform you that a letter has been returned; the address was incorrect. I accordingly attach the same letter, with another. I would appreciate it if you would let me know the correct address. A further two letters, under registration numbers R 4714 and R 4545, are on their way; I would appreciate, and shall await, an answer when they reach you. (Signed) Jacobus Beukes Burgher-Secretary Enclosure A Letter dated 7 September 1957 from Mr. Jacobus Beukes to the Secretary-General URGENT REQUEST In connexion with what was published in the newspaper, which showed a photograph of myself with my family, I intentionally allowed this in order to find out what the purpose was. To my astonishment I am now compelled to recognize that what was published does not correspond with the questions that were put to me. I do not wish to go into more detail, for I have laid everything before the world organization and insist that my complaints are justified. I am therefore profoundly confident that the world organization will recognize that the matters I have already reported should be investigated by the United Nations through an impartial commission which will examine evidence and hear eyewitnesses. This is the only way for the world organization to elucidate the situation. I am deeply confident that the world organization will compare this publication with the letters it has already received from me. As stated above, I underwent this test in order to gain information, and have since found out and taken note of what led to the interview. I accordingly adhere firmly to the statements made in my letters, which are already before you. This is my respectful request. (Signed) J. Beukes Burgher-Secretary Enclosure B Letter dated 3 December 1957 from Mr. Jacobus Beukes to the Captain and Members of the Advisory Board of the Rehoboth Community "Call for a Protest against the Administration through Members of the Advisory Board" I hereby respectfully request that the following should be transmitted to His Excellency the Administrator at Windhoek for onward transmission to the United Nations General Assembly, New York, United States of America. Sirs, In deep anxiety about the future status of our country and people I pass sleepless nights. I can do no less than endeavour to make plain the correct constitutional position and status under the mandate: 1. Our status as a country was independent from 1870 onwards; this was confirmed by a Treaty of 1885. The 1914 World War brought about a change by compelling us to side with the Allied Powers. 2. After the war the Powers decided that we should form part of the territory under mandate of South West Africa, and we thus became subject to the provisions of Article 22 of the Covenant of the League of Nations, because we did not yet have the necessary qualifications as a population of 44,000 as compared with Iraq and Transjordan. Territories still under mandate are under training for maturity. 3. The Mandatory thereby assumed material and moral obligations, in terms which are subject to revision at five-yearly intervals. The Mandatory, instead of fulfilling its material and moral obligations, withdrew from us on paper, as one of the disastrous consequences of 1925, the rights on which our favourable situation depended. It is very much open to speculation what law empowers the Advisdry Board to deal with the affairs of the country and people, considering that our rights have not yet been restored. 4. At the time of these events the old League of Nations was still fully active and I, as Secretary authorized by the whole population, reported to it through petitions and requests, but to no avail. All we were told to do was to work in harmony with the Administration but it was not possible to get the Mandatory to do so. The Mandatory deliberately pursued its activities, and thus we are still under a Captain who serves in two posts, as Captain and Magistrate. The Captain of the Board must support and faithfully serve the Government, so every right-thinking person can reflect on what will become of our population, which depends on its future status. In my opinion, such rights as we have in our country are enjoyed only by permission; we are clearly under dictatorial banishment and politically incapacitated, and as a result are losing our future status. Who is responsible for these thousands of people? I appeal to the World Tribunal on the grounds of Article 22, to which we are subject and which rests upon an inviolate foundation. It is my respectful expectation that the United Nations will show us a way-for we have been in this situation for over thirty-five years-so that our wives may dry their tears and look forward happily to their babies' future. (Signed) J. Beukes Burgher-Secretary

ANNEX XXII Communication dated 26 May 1958 from Mr. George M. Houser, American Committee on Africa, New York City, to the Secretary of the Committee on South West Africa I have been asked to forward to you this enclosed petition from the Ovamboland People's Congress. (Signed) George M. Houser Enclosure Letter dated 8 May 1958 from Mr. Toivo H. Ja Toivo and Mr. D. D. Shoombe, Windhoek, for the Ovamboland People's Congress, to Her Majesty Queen Elizabeth H, London PETITION Long ago, Your Majesty our forefathers petitioned Queen Victoria I to place our people and country under the protection of your Majesty's Government. Unfortunately, this request was not fulfilled. However, in December, 1920, His Brittanic Majesty accepted the League of Nations Mandate over our country for and on behalf of the Government of South Africa. We wish to inform Your Majesty's Government that the Government of South Africa has failed to comply with the provisions embodied in the mandate agreement and also to carry out the international obligations entrusted her by the League of Nations and Your Majesty's Government. We the people of Ovamboland and the rest of our fellowmen in the territory of South West Africa, namely the Hereros, Namas, Saan, Bergdamaras and the Okavangos hereby appeal to Your Majesty's Government of Great Britain in whose behalf our mandated territory is being administered by the South African Government to revoke the mandate forthwith and to place it under the United Nations Trusteeship System. May we also request Your Majesty's Government to acquaint your representative on the South West Africa Good Office Committee of the UNO which is now negotiating with the South African Government concerning the future of our country, with our views. cc: Rev. Scott Mburumba Kerina Secretary, UNO Committe on SWA The Chairman, Labour Party, London Director, American Committe on Africa. (Signed) T. H. Ja Toivo D. D. Shoombe ANNEX XXIII Map of South West Africa 1958 Note: This annex will be issued as an addendum to the present report.

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