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FOURTH COMMITTEE, 1699th GENERAL MEETING ASSEMBLY Mondey, 23 October 1967, at 3.25 p.m. TWENTY-SECOND SESSION Official Records NEW YORK

CONTENTS could neither intervene nor oblige any Member State Page to submit the question for settlement under the pro­ cedures outlined in Chapter XI of the Charter. Requests for hearings (continued) Request concerning (agenda 3. Lastly, his delegation considered that the applicant item 23) (continued) • • • • • • • • • • • • • • • • 109 did not have the qualifications required of a legitimate Request concerning Equatorial Guinea (agenda petitioner, and that to judge from his statement to the item 23) (continued) • • • • • • • • • • • • • • • • 109 Special Committee at its 548th meeting on 30 August Agenda item 64: 1967 (see A/6700/Rev.1, chap. XXIII, paras. 957-981), his request'seemed rather to be motivatedbypolitical Question of South West (hearing of and personal considerations aimed at securing a posi­ petitioners) (continued) • • • • • • • • • • • • • • 110 tion of advantage in the forthcoming electoral contest in . Furthermore, he categorically rejected the Chairman: Mr. George J. TOMEH (Syria). wording of Mr. Goldson's letter to the Chairman of the Fourth Committee, which referred to a "threat of recolonization by Guatemala". His country had never Requests for hearings {continued) been a colonial Power, and the Committee was well aware of its advocacy of . REQUEST CONCERNING BRITISH HONDURAS (AGENDA ITEM 23) (continued) (A/C.4/694) 4, Mr. SHAW (), referring to the Guatemalan representative's statement, said that 1. The CHAIRMAN drew the attention of Committee his Government wished it to be clearly understood members to the request for a hearing on the subject that it had not the slightest doubt as to its sovereignty of British Honduras, submitted by Mr. Philip S. W. over British Honduras. The two States concerned had Goldson, Leader of the Opposition (A/C.4/694). nevertheless submitted their dispute over the Terri­ 2. Mr. CADENA HERNANDEZ (Guatemala) said he tory to the mediation of a third Power. He hoped that wished to state his country's position with regard to the mediation would achieve a solution satisfactory to the request for a hearing on the subject of the Terri­ all concerned and that the members of the Committee tory of Belize (A/C.4/694). The prime essential for would bear his statement in mind in making their enabling the Committee to decide whether the hearing decision on the requested hearing. should be granted was that it should be acquainted 5. Mr. CADENA HERNANDEZ (Guatemala), replying with the current situation. The background to the to a question by the CHAIRMAN, said he had not made situation was as follows: first, his country hadalways a formal objection. As he had said already, he was co:1sidered Belize a part of its territory under inter­ not opposed to the hearing of the petitioners, but had national law and the Constitution of the de­ wished to state his objections to a hearing in the scribed it as such-a fact which had been confirmed present circumstances. He therefore requested that at the first regular meeting of Central American the hearing should be postponed. Foreign Ministers, held at , Guatemala, in August 1955. Second, his country had been pressing 6. The CHAIRMAN explained that the Committee's its claims to the Territory against the United King­ immediate task was not to fix a date for the hearing dom for more than a century and had entered appro­ but to decide whether or not it should be granted. If priate reservations at every international conference, there was no objection, he would take it that the Com­ as witness the reservation made recently by the mittee decided to grant the hearing. Guatemalan Foreign Minister at the 1566th plenary It was so decided. meeting of the General Assembly, Third, the two States had jointly agreed to submit the dispute to mediation by the Government of the of REQUEST CONCERNING EQUATORIAL GUINEA America, in accordance with Article 2, paragraph 3, (AGENDA ITEM 23) (continued) (A/C.4/695) of the United Nations Charter, their common concern 7. The CHAIRMAN drew the attention of Committee being to ensure the economic, social, cultural and all members to the request for a hearing (A/C.4/695) other development of the people of Belize. Mediation submitted by Mr. Saturnine !bongo Iyanga, a member had begun towards the end of 1965 and was approaching of the Movimiento Nacional de Liberaci6n de la Guinea completion. In the circumstances, his delegation did E cuatorial (MONALIGE). If there was no objection, he not consider it proper for the Fourth Committee and would take it that the Committee decided to grant the the Special Committee to examine the situation in request. Belize. It was a matter coming within the internal jurisdiction of his country, and the United Nations It was so decided.

109 A/C.4/SR.1699 110 General Assembly - Twenty-second Session - Fourth Committee

8. Mr. ARIAS SALGADO (Spain) said that his dele­ ment had repeatedly made it clear that it would not gation reserved the right to make a statement at a abide by the United Nations resolutions on South West later stage on certain assertions made by Mr. lbongo Africa because it considered them illegal. That was a Iyanga in his letter, particularly the reference to the stand which had maintained ever since Constitutiornl Conference. the question of had been taken up by the United Nations and the International Court of AGENDA ITEM 64 Justice. Question of South West Africa (hearing of petitioners) 12. The failure of the United Nations to use force (continued) (A/C.4/692 and Add.l-4) against South Africa was contributing to the deteriora­ tion of the situation. Indeed, not a few believed that At the invitation ofthe Chairman, Mr. JacobKuhangua the United Nations, by displaying such forbearance and Mr. Gottfried H. Geingob, representatives of the in dealing with South Africa, was encouraging that South West Africa People's Organization (SWAPO), country to persevere in its behaviour. South Africa's Mr. Nathaniel Mbaeva and Mr. Mburumba Kerina, lack of co-operation had lasted too long; it was now representatives of the South West Africa National time for the United Nations to change its attitude United Front (SWANUF), Mr. Festus U. Muundjua, and take action to settle the protracted dispute between representative of the South West Africa National South Africa and itself once and for all. Union (SWANU), and the Reverend Michael Scott, representative of the International League for the 13. Some western countries were opposed to the use Rights of Man, took places at the Committee table. of force against South Africa and even deplored refe­ rences to force. In that connexion, he recalled that, 9. Mr. MUUNDJUA (South West Africa National at the fifth special session of the General Assembly, Union) expressed his deep disappointment at the , Italy and the United States had submitted a regrettable ineffectiveness of the United Nations in draft resolution ll calling for the continuation of the dealing with the South West African problem. He re­ dialogue with the South African Government. Such an minded the Committee of General Assembly resolu­ approach to the problem was frivolous. The United tions 2145 (XXI) and 2248 (S-V), the first of which had Nations had been trying for more than twenty years ended South Africa's Mandate over South West Africa to secure South Africa's co-operation by peaceful and placed that Territory under the direct responsi­ means; the result had always been negative. The bility of the United Nations. The truth of the matter "dialogue" had been no more than a tactical measure was that the United Nations had still not assumed any to retard South West Africa's freedom. SWANU there­ responsibility, direct or indirect, for South West fore rejected it, as it also rejected the 's Africa, which was still controlled by the South African attempt to refer the issue to the Organization of racists. SWANU therefore considered that the United African Unity (OAU). He wondered how that organiza­ Nations had deceived the people of South West Africa tion could solve a problem which the United Nations and had not discharged its obligations under resolu­ was unable to solve. The attempt had been a further tion 2145 {XXI). That failure was due, not to external example of hypocrisy and capitulation. obstacles, but to the Organization's unwillingness to use force to coerce South Africa into accepting its 14. When the United States, Canada, Italy and the decisions. Soviet Union had voted in favour of resolution 2145 (XXI) they had taken a step forward, but in supporting 10. Resolution 2248 (S-V) had established a United delay and evasion they had not only impeded South Nations Council for South West Africa responsible West Africa's freedom but had moved backwards. As for administering the Territory until . for the United Kingdom Government, it was an ally of The Council was to have been based in South West South Africa and could not even contain the rebels in Africa, but it had not made a single effort to go to the ; nothing could therefore be expected of the Territory and was still comfortably installed in the United Kingdom. United Nations building. He wondered how the Council could fulfil its mission without leaving New York. The 15. He realized that , which had abstained in people of South West Africa had had their fill of the vote on General Assembly resolution 2145 (XXI) at rhetoric and diplomatic hypocrisy; they believed that the 1454th plenary meeting, was in a precarious eco­ the only thing that was important and necessary now nomic situation and had therefore become a South was action. The United Nations apparently believed African puppet. He nevertheless urged that country to in .myths-such as the myth of economic sanctions. In abstain from political immorality and to support the view of the failure of such anachronistic measures, forces of freedom. Furthermore, he appealed to all the United Nations must turn from mythology to face States Members of the United Nations to support the reality, and the reality was that South Africa would struggle undertaken by SWANU. not willingly relinquish its hold on South West Africa. 16. In concluding, he made two specific requests. SWANU therefore considered that the most effective The first concerned the granting of United Nations step would be for the United Nations to take over the passports to the refugees, students, political leaders Territory by force: that was SWANU's idea of action. and other South West African nationals who needed to travel abroad. The second request concerned the 11. Some Members of the United Nations were saying political prisoners, among them Mr. Hitjevi Veii, that South Africa might change its uncompromising Acting President of SWANU, who had recently been attitude, while others paid lip service to the South sentenced to five years' imprisonment; the United West African people's right to self-determination; but he no longer trusted in the effectiveness of intentions, Jj See Official Records of the General Assembly, Fifth Special Ses­ hoi>es and declarations. The South African Govern- sion, Annexes, agenda item 7, document A/6640, para. 84. 1699th meeting - 23 October 1967 111 Nations had a moral and legal obligation to rescue for trial under the Terrorism Act, which was applied him. Furthermore, the lives of thirty-seven other retroactively and laid down penalties, ranging from a freedom fighters, charged with "terrorism", were minimum of five years' imprisonment to the death now in peril. Those people were not "terrorists"; they penalty, for all those who fought for freedom. Those were fighting for their human and civil rights, pro­ people had been illegally arrested in United Nations claimed in the United Nations Charter. The only territory. He accordingly urged the Governments "terrorists" were the white rulers of South Africa. represented in the Fourth Committee to take all SWANU appealed to all United Nations Members to possible steps to secure the release of those patriots. exert maximum pressure on the South African Govern­ He appealed particularly to South Africa's trading ment to save those freedom fighters. The prisoners partners, who were fattening on the misery and suf­ were not SWANU members, but the issue was a humani­ fering of the people of South West Africa, to convince tarian one, not a political one. In the name of humanity, South Africa of the need to co-operate with the United he renewed his appeal to all Members of the United Nations before it was too late. Nations to save his compatriots from the South African gallows. 21. He would like to ask the United Kingdom and France, which doubted the legality of the United 17. Mr. GEINGOB (South West Africa People1s0rga­ Nations resolutions, what they thought of the an­ nization) said that the United Nations had performed a nexation of South West Africa announced by Mr. vital function in the liberation of the colonial peoples Vorster and whether they considered it legal simply but that it had not been able to accomplish all that had because South Africa was the government been expected of it. He hoped that the countries which there. As for the United States Government, which were responsible for the shortcomings would adopt had started well but was now backing down, he would new policies that would make it possible for the work like to ask it whether the annexation of South West of the United Nations to be successfully completed, Africa, the illegal arrests and the rejection of the 18. There were now two new factors involved in the request of the United Nations Council for South West consideration of the question of (South West Africa showed any change of heart on the part of Africa): first, the historic resolution2145 (XXI), which South Africa. He did not think that the United States had expunged the disgrace of the Judgement handed could remain indifferent to the question of South West down by the International Court of Justice on 18 July Africa, for, after all, its investments were the main 1966; secondly, the virtual annexation of South West support of the South African Government. Africa by South Africa. He quoted a report published 22. In his letter dated 26 September 1967 addressed in the Star of 2 September 1967, ac­ to the Secretary-General (A/6822), the South African cording to which the Government of South Africa was Minister for Foreign Affairs had said that the ob­ assuming certain legislative functions in South West jective of his Government's policy was self-determi­ Africa. Furthermore, Mr. Vorster, the Prime Minis­ nation and independence for all the peoples of the ter, had announced the establishment of the first Territory. That was a euphemism for "" Bantustan in Ovamboland, a step which had met with and "Bantustan". The Minister had added that the armed resistance from the indigenous inhabitants. wishes and aspirations of all the inhabitants had been 19. He reaffirmed SWAPO's faith in the OAU, which, and would be fully taken into account. Yet the inhabi­ at the fourth ordinary session of its Assembly of tants of South West Africa had expressed their wishes Heads of State and Government held at Kinshasa in and aspirations in the petitions that they had been September 1967, had devoted particular attention to sending to the United Nations ever since its inception. the colonial Territories of . It had It could not honestly be claimed that those aspirations been alleged that the Liberation Committee was being had been satisfied. A Government which did not even "infiltrated" by outside interests, which were recom­ listen to the people who had been entrusted to it could mending that certain movements should be recognized. scarcely claim that it was working for the interests There was no foundation for those charges; SWAPO of those people. As an example of the falsehoods put had not been recommended by any group. Moreover, out by South Africa, he quoted some passages from the Liberation Committee had its headquarters atDar the South West Africa Survey, 1967. For instance, it es Salaam where the various liberation movements showed a photograph of a bus, but did not state that had been represented for many years, and was there­ the bus was for Whites only; it stated that the Spits­ fore well aware of their activities. In the case of koppies Dam was vital for the Bantu territory of SWAPO, the Committee was convinced that it was Ovitoto, but it did not mention that the Ovitoto re­ the authentic vanguard of the people of South West serve was in a so-called white area, which was Africa. Back in 1960 SWAPO had already realized therefore open to white farmers. that the path to independence would not be easy and 23. In conclusion, he put forward the following it had consequently launched an armed struggle against recommendations for the United Nations Council South African oppression. for South West Africa. First, that Council should 20. All the indigenous inhabitants of South West proceed to South West Africa forthwith to carry out Africa now recognized that it was only through armed the functions entrusted to it in General Assembly struggle that they would obtain independence. There resolution 2248 (S-V). Secondly, the United Nations would be much bloodshed before that end was attained, should provide passports for South West Africans but no amount of repression would deter the people who were abroad, some of whom were in a desperate from fighting against apartheid in the land of their situation owing to the lack of travel documents and fathers. Thirty-seven leaders and members of SWAPO of any definition of their status in foreign countries. had been arrested at different times and committed Thirdly, the Council should devise immediate means 112 General Assembly - Twenty-second Session - Fourth Committee whereby all scholarship programmes for South West The iron deposits were vital for the production of African nationals should come under the auspices of cheap steel and South Africa produced 40 per cent the United Nations; to that end the United Nations of the Western world's platinum. The mining industry should participate in the programme of the African­ needed cheap labour and so it used migrant African American Institute, which had two educational centres workers. That was the basic cause of the situation in which some 100 South West African students were prevailing in the country: it had given rise to the receiving secondary education, and should arrange for legislative measures that controlled the movement those students to enter higher institutions; it should of Africans and limited the area of land that they also provide specialized studies in administration, could possess, As a result, the African inhabitants, engineering, mining, education, health, business and who accounted for three quarters of the population of marketing, and so forth for those students, Fourthly, the country, possessed only 13 per cent of the land the United Nations Council for South West Africa, in and were obliged to seek work in the towns, in the conformity with resolution 2145 (XXI), should seek mines and on the farms of the Whites, to bring about the participation of the South West African political movements in its deliberations and 29. In 1962 the Odendaal Commission had estimated its work, Perhaps it would be possible to set up a the gross national income of South West Africa to be consultative body for that purpose, composed of 104,400,000 rands, whereas the gross national product representatives of indigenous political parties and had amounted to 146,700,000 rands, The discrepancy between those two figures was due to the high earnings leading personalities of South West Africa, Fifthly, of the foreign companies that were exploiting the re­ the Committee should make urgent recommendations sources of the Territory. The South West African for the recruitment of South West Africans to take up budget for 1966/1967 amounted to a little less than responsible positions in the Office of the United $140 million, a high figure for an under-developed Nations Commissioner for South West Africa, country, which gave some idea of the magnitude of 24, The CHAIRMAN thanked Mr. Geingob and invited the development plan that South Africa was carrying representatives to put questions to the petitioners, out in the Territory and through which it was re­ constructing the whole of the national infra-structure. 25. Mr. JOUEJATI (Syria) said that he would like Nevertheless, the revenue produced by the mines, some information on the volume of foreign invest­ cattle breeding and agriculture of the Territory could ments in South West Africa, the rate of interest those guarantee the economic independence of South West investments yielded and the treatment which the in­ Africa. digenous people of the Territory received from the foreign companies, 30. Mr. JOUEJA TI (Syria) asked what possibilities of legal defence were available to the South West 26, The Reverend Michael SCOTT (International African leaders who were imprisoned, and what the League for the Rights of Man) replied that in 1962 relevant procedures and costs were, the value of foreign investments in South Africa had amounted to $4,222 million, The greater part of that, 31. The Reverend Michael SCOTT (International i.e., 60 per cent, came from the United Kingdom; League for the Rights of Man) said he had sent a letter 11 per cent from the United States; 6 per cent from on that subject to the Chairman ofthe Special Political France; 4 per cent from ; and 5 per cent Committee. In that letter, he urged the United Nations from international organizations. In that year the to contribute towards the defence of the imprisoned average rate of net interest on net investment for leaders by establishing a fund which could also take United States enterprises had been 25 per cent, which charge of the defence of persons put on trial in two years later had risen to 27 per cent. "Gross" , Furthermore, he had no doubt investment had yielded 13 per cent, compared with a that the liberation movements would make arrange­ world average of 7. 7 per cent. Profits, dividends and ments for the defence of their members. interest could be taken out of the country freely, as 32. In the United Kingdom, dismay had been caused could reimbursements of the loans of financial trusts. by the failure-due to many difficulties-of the arrange­ With the exception of the gold and diamond mining ments made for remitting funds for the defence of firms, companies paid taxes amounting to 30 per cent accused persons in Southern Rhodesia and South of their taxable income. Generous tax exemption was Africa. In his opinion, the Government of the United given for the reinvestment of profits. Dividends paid Kingdom should assume responsibility for the defence to non-resident individuals and companies were sub­ of Southern Rhodesian residents prosecuted by the ject to a tax of only 7,5 per cent, compared with 15 illegal r~gime, and for the upkeep of their families; per cent in and 38.75 per cent in the United and it should do so openly through the channels of Kingdom. communication which it maintained with Salisbury, 27. The South African economy was largely dependent rather than through voluntary organizations. The on governmental charges and gold production, The Government of the United Kingdom should also assume latter, most of which was in the hands of foreign responsibility for defending the South West African investors, paid for 40 per cent of the country's im­ leaders imprisoned at , since South Africa ports. Governmental charges accounted for more than had withdrawn the Territory of South West Africa 30 per cent of the gross national product, manufac­ from the jurisdiction of the British Crown by uni­ turing industries for 26 per cent and mining for lateral action, thus depriving the population of United 13 per cent. Kingdom protection. Some of the laws that were being applied in South West Africa today, and par­ 28. The mining industry produced 38 per cent of the ticularly those governing testimony and evidence, exports and employed 11 per cent of the labour force. would not be acceptable in the United Kingdom. South 1699th meeting - 23 October 1967 113 African legislation admitted the unverified state­ almost to a standstill with no applications for scholar­ ments of accused persons, whereas the Privy Council ships generously offered by many Member States. of the United Kingdom did not accept evidence sup­ plied by persons who had been subjected to prolonged 36. Mr. EILAN () asked that the petitioners' imprisonment and intense pressure. statements, or at least summaries of them, should be distributed as soon as possible, so that representa­ 33. Concern had also been caused by the high pro­ tives could comment on them. portion of the funds collected for the fight against apartheid which had to be used for paying large 37. The CHAIRMAN said that the Secretariat lawyers' fees. That necessity was due to the fact that would note that request and make the necessary Southern Rhodesian and South African lawyers did arrangements. not dare to take low fees for such cases, for fear 38. Mr. CHIDZANJA (Malawi) deplored the fact that they should. be suspected of sympathy with the poli­ one of the petitioners had made charges against the tical position of the accused. He suggested that the Government of Malawi; and he observed that it was United Kingdom and other States Members of the not to attack Governments that petitioners resorted United Nations should supply funds for those purposes to the Committee, but to present petitions on behalf through their embassies and missions, so that the of their peoples. As to the problems of southern Africa, matter could be dealt with at the governmental level. Malawi had adopted a position different from that taken In that connexion, he expressed his appreciation to by other African States, because it considered that the the Government of Sweden, which had contributed use of force would not give the African population of generously to the defence of accused persons in South Africa its freedom, but would impede its pro­ Southern Rhodesia and South Africa. gress. The people of Malawi fully supported their 34. The task of fighting apartheid had changed into brothers of South Africa, but thought that a peaceful a political struggle against European and American solution to their problem should be sought. pressure groups which were squandering millions The petitioners withdrew. of pounds a year to promote South African interests. For carrying on that struggle, it was necessary to 39, Mr. SHAKHOV (Union of Soviet Socialist Re­ establish a political organization, such as a "Free publics), referring to the statement made by Mr. Africa Foundation", which would discharge an openly Muundjua, representative of SWANU in the United political function. For the same purpose, it had been States, said that it had been a distorted description suggested that the United Nations should set up a of the Soviet Union's position. It was necessary to committee to investigate the extent of the influence denounce such statements by persons who claimed of secret services, espionage services and financial to represent liberation movements, but who were foundations and trusts on the voluntary organizations really making use of the United Nations forum to working in Africa and on the new generations of slander the Union of Soviet Socialist , whose African leaders. position had been consistently opposed to colonialism 35. Also needed was an inquiry into the reasons for and imperialism. the breakdown of the United Nations scholarship programme for South West Africa. It had been brought The meeting rose at 5. 5 p.m.

Litho in U.N. 77401-November 1968-2,350