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REPORT OF THE UOMIITTEE ON . SOUTH WEsrr AFRIUA TO THE ! 10 I GENER,AL ASSEMBLY II

GENERAL ASSEMBLY OFFICIAL RECORDS: ELEVENTH SESSION SUPPLEMENT No. 12 (A/3151)

( 40 p.) NEW YORK, 1956 UNITED NATIONS

REPORT OF THE COMMITTEE ON SOUTH WEST AFRICA TO THE GENERAL ASSEMBLY

GENERAL ASSEtJlBLY OFFI(:iAL RECORDS : ELEVENTH SESSION SUPPLEMENT No. 12 (A/3151)

New York, 1956 le

NOTE

Symbols of United Nations documents are composed of capital letters com­ bined with figures. Mention of such a symbol indicates a reference to a United Nations document.

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TABLE OF CONTENTS

Page I. General 1

Il. Negotiations with the Union of South Africa...... 1

Ill. Annual report from the Union of South Africa...... 2

IV. Examination of information and documentation concerning South West A+~ica 2

r~ V. Petitions and communications relating to the Territory of South West Africa 3 A. Communications from sources outside the Territory of South West Africa . 3 B. Communications and petitions from sources within the Territory of South West Africa 3 ers com­ a United ANNEXES Anne» I. Correspondence with the Government of the Union of South Africa 4

ll. Report and observations of the Committee on South West Africa regarding conditions in the Territory of South West Africa...... 5 I. General 6

\. ll. Political advancement ...... 9 Ill. Economic conditions 13 IV. Social conditions 19 V. Education...... 24 VI. Concluding remarks 27

Ill. Communication dated 19 September 1955 from Mr. Peter McLaren, Johannesburg, to the Secretary-General ...... 28

IV. Communication dated 28 May 1956 from the Anti-Slavery Society, London, to the Secretary-General 28

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V. Communications from the Reverend Michae1 Scott ...... 29 ·1·

VI. Petition and communications from Mr. Jacobus Beukes, Burger Secretary, Rehoboth Community . 30

VII. Communications from Chief Hosea Kutako . 32 VIII. Communications relating to the request that an oral hearing be granted to Mr. Eric Getzen . 33 IX. Petition from the Tribal Congress of the people of Ukuanyama, Ovambo- land 34

I j 111 I. GENERAL

1. By resolution 749 A (VIII) of 28 November "to co-operate with the Committee and, in particular. 1<)53, the General Assembly established, "until such to submit to the Committee reports and such petitions time as an agreement is reached between the United as may be received on its administration of the Terri­ ~ations and the L'niun of South Africa", a Commit­ tory of South \\'est Africa, and to assist the Commit­ tee OIL South \\'e~t Africa. and requested this Com­ tee in the examination of such reports and petitions, or mittee to : of such information and documentation as may be "(a) Examine, within the scope of the Question­ available to that Committee." In paragraph 7, the Cum­ naire adopted by the Permanent Mandates Com­ mittee was requested, "in the preparation of its next mission of the League 0 f 1\ations 111 192G, such in­ report, to take into account the discussions in the Fourth formation and documentation as may be available in Committee at the tenth session of the General Assem­ respect ui the Territory 0 f South West Africa; bly"; and, in paragraph 8, "in the preparation of its .. (b) Examine, as far as possible in accordance next and all future reports, to include its recommenda­ with the procedure of the former Mandates System, tions on each aspect of conditions in the Territory for reports and petitions which may be submitted to the such particular ac.iou as it considers the Government (':J111111itttee or to the Secretary-General; of the Union of South Africa should take to ensure the fulfilment of its obligations and responsibilities "(c) Transmit to the General Assembly a re­ under the Mandate". port concerning conditions in the Territory taking into acount, as far as possible, the scope of the re­ 3. The Committee on South \Vest Africa consists ports of the Permanent Mandates Commission of of seven members-Brazil, Mexico, Pakistan, Syria, the League of Nations; Thailand, the United ('tates of America and Uruguay. "(d ) Prepare, for the consideration of the Gen­ The following representatives served during the third eral Assembly, a procedure for the examination of session: reports and petitions which should conform as far as Brainl: Mr. Donatello Grieco. possible to the procedure followed in this respect by Mexico: Mr. Luciano Joublanc Rivas, the Assernblv, the Council and the Permanent Man­ Pakistan: Mr. S. A. Karirn. dates Comn;ission of the League of Nations." Syria: Mr. Rafik Asha, Mr. Najmuddine Rifai, Mr. Furthermore, the resolution authorized the Commit- Tarek Jabri. tee to continue negotiations with the Union of South Thailand: 1\1r. Thanat Khoman. Africa. in order to implement fully the advisory opin­ ion of the International Court of Justice regarding the United States of America: Mr. Benjamin Gerig. question of South \\'est Africa, and requested the Com­ Uruguay: Mr. Enrique Rodriguez Fabregat, Mr. mittee to submit reports on its activities to the General Cesar Montero Bustarnente. Assembly at its regular sessions.' 4. At its 59th meeting on 16 February 1956, the 2. The General Assembly, on 3 December 1955, first meeting of the third session, the Committee decided adopted resolution 941 (X) on the report of the Com­ that 1\1r. Thanat Khoman, Chairman, and ::V1r. Luciano mittee on South West Africa, in paragraph 6 of which it J oublanc Rivas, Vice-Chairman and Rapporteur, should invited the Government of the Union of South Africa continue in office. 5. Between 16 February and 12 July 1956, the Com­ 1 For the reports of the Committee on the work of its first and second sessions, see Official Records of the General As­ mittee held thirteen meetings. sembly, Nil/tit Session, Supplement No. 14 (A/2666 and Add.l and Cord); Tcntk Session, Supplement No. 12 (A/2913 and 6. At its 71st meeting on 12 July 1956, the Com­ Adds. 1-2). mittee adopted its report to the General Assembly.

11. NEGOTIATIONS WITH THE UNION OF SOUTH AFRICA

7. Pursuant to paragraph 6 of the General Assem­ the Union which was extended in 1954 and 1955. 2 ~~y .resolution 941 (X), whereby the Government of the The Committee again expressed its readiness to con­ Uruon of South Africa was once more invited to eo­ tinue negotiations with the Union in order to imple­ operate with the Committee and, in particular, to sub­ ment fully the advisory opinion of the International ll1~t to the Committee reports and such petitions as Court of Justice regarding the question of South West ll1lght be received on its administration of the Terri­ Africa and therefore invited the Union Government to tor.y of South West Africa for the year 1955, and to designate a representative to confer with it. At the assist the Committee in the examination of such re­ same time, the Committee reiterated both its regret at ports and petitions, or of such information and docu­ the position taken by the Union Governmen, with re­ mentation as might be available to it, the Committee, spect to previous negotiations in 1954 and 1955, and at it? 59th meeting on 16 February 1956. requested the

ChaIrman to renew the invitation to ..he Government of 2 See A/2666, annex I (c) and A/2913, annex I (c). 1 -,.------...,. March }l)5,~ aml..!l :-OIa\' lq55, its attitude remained un­ its earnest hope that, through renewed negotiations, rt'qllt'~t of the Unio satisfactory and positin' results might he obtained. On changed. In this connexiou, tilt' l 'onuuittee recalled ships concerned luu 2 Xlarch }lISt), till' t 'hainnau accordingly dispatched its previous conclusion that the Union of South Africa ~ Territorv and that, E~tt,rtlal was not prepared to assist the t 'onuuittee in the dis­ to the Minister tor .\IYairs of the Union a ittl\l·tion' 0 t \ t chaf<~l' vn() letter which is reprodured as annex I rtl) lx-luw, 0 t its mandate hv the til'llCral Assemnlv and, in 8. By a letter dated 21 April Il15tJ, the Deputy particular, that the lTllion was unwilling e\'en to en­ Permanent Represeutative of the Union of South ter into negotiations in order to implement fully till' I. :\frica tll the L'uiterI ~ations transmitted a reply from advisory opinion of the Court. The t 'ommittee stated that it regretted and could not accept that attitude, It I v. PETI the Minister of External Affairs, stating, inter alia. I that the l ;r vernment's altitude concerning' the sub­ further pointed out that. acting in these matters under , mission of reports and petitions as well as the renewal instr-ictions Irom the Assemblv, it found itself unable of negotiations with the Committee had been outlined to cut suler the questions of the submission of reports ; 13, Pursuant to p: in the communications sent to the Chairman on 25 and petitions and of the renewal of uegotiatio 1S as hav­ I sernbly resolution 7-J.~ March IqS,l and 21 Xlav PIS5:l ant! remained un­ ing been closed by the statement of the Minister of resolutiun 941 tX), t changed. as there had ill the meantime been no material External Affairs referred to above. It continued to on South \\" est .\frier change in the position described in these conununica­ hope that, in accordance with its terms of reference, f Union of South Africr tions, The letter is reproduced as annex I (b) below. negotiations with the Government of the Union might tannex I ta) ), to assi: be resumed and that that Government's co-operation in particular, tu tran 9. The above-mentioned letter was considered hv ; and assistance in the examination of conditions in South \\" est Africa as the Committee at its 60th and (il st meetings on 28 South \rest Africa might be received. Finally, the Government frum sou June and 2 July Itl56. The Committee replied by a Committee drew attention to the fact that, although the l reply of 21 April 1956 letter dated 2 July 1q56 tannex ! tc) that it had ensuing' period of some ten days during' which it was ernment stated that, taken note of the Union Government's statement that, holding reg-ular meeting. would be a particularly ap­ change in the position in the absence of any material change in the position t propriate time to resume the discussion of these mat­ nications to the Chair outlined in the communications to the Chairmen of 25 ters, it would hold itself in readiness to con fer with a Xlav 1955, its attitude • Sec .\/21;66. annex I (r) and :\12913, annex I (c). representative of the Union Government at any time. to the submission of r reply, the Committee ( alternate procedure of ing petitions relating to m. ANNUAL REPORT FROM THE UNION OF SOUTH AFRICA 6bt, 70th and 71st me and 12 July 1956, the munications and petiti 10. In accordance with paragraph 12 of General 21 April. the Union Government stated that its views Secretary-General rela1 Assembly resolution 74° A (VIII) and paragraph 6 of concerning the submission of reports and petitions had resolution 041 (X), the Chairman 0 f the Committee alreadv been conveyed to the Committee in the letters on South 'Vest Africa. invited the Government of the dated '25 March 1954 and 21 Mav 1955 and that, since A. COMMUNICATIC , TIlE TERRITORY Union of South Africa, hv a letter dated 2 March 195/l. there had in the meantime been ;10 material change in pa~ to assist the Committee in its work and. in ticular, to the position outlined in the previous letters. the Union 14. Since the subm render a report in reference to the Territory of South Government's attitude remained unchanged (see annex mentary reports at tlu West Africa for the year 1955 and to transmit such I (b)). In view of the unchanged attitude 0 f the Union Assembly," the Commii petitions relating to South \Vest Africa as might he Government. the Committee continued to apply the the following communi. received bv the Union Government from sources with­ alternate procedure contained in its rules of procedure Territory of South We in the Territory (see annex I (a)). In its letter dated with respect to the examination of reports. (i) Communication Mr. Peter McLaren, ] (ii) Communicatior Anti-Slavery Society, IV. EXAMINATION OF INFORMATION AND DOCUMENTATION CONCERNING The Conunittee, at i SOUTH WEST AFRICA decided to refer to the raised in these comm 11 11. In accordance with rule XXII of its rules of and resolution 941 (X), and taking into account reso­ sssere beyond the cotnpc procedure, the Committee, at its 59th meeting on 16 lution 943 (X). At its 70th meeting on 11 July 1956, (iii) Communicatio February 1956, decided to request the Secretary-Gen­ the Committee adopted its report to the Assembly con­ Scott: eral to submit to it all available recent information re­ cerning conditions in South 'Vest Africa (see annex lating to South West Africa. The Committee had before IT below). (a) Communicatio it a documen, prepared by the Secretary-General (AI 12. During the preparation of that report the Com­ nex V (a) ); AC.73/L.8 and Add.l ) pursuant to its decision to mittee examined, in connexion with opportunities for (b) Communication apply its alternate procedure with regard to reports. higher education for the inhabitants of South West (b)). This document covered. as far as possible, conditions Africa, a notice published in the Union Government The Committee deci in South West Africa in 1955 only, as well as such Gazette of 12 April 1955 inviting applications from ings on 16 February an additional in formation on conditions in the preccding suitably qualified candidates for four fellowships made sideration of these com years as had become available since the issuance of the available by the \Vorld Health Organization. The Gov­ tion by the General As two previous documents in 1954 and 1955. In the ernment's notice included certain conditions of citizen­ of the International Cou course of its 62nd to 70th meetings held between 2 ship and of residence in either the Union or in South of oral hearings. The and 11 July 1956. the Committee examined the infor­ West Africa which led the Committee, at its 66th meet­ meeting on 12 July 19 mation and documentation available with a view to ing on 6 July 1956, to address a number of questions Aiichael Scott's commi preparing a report to the General Assembly concerning to WHO. At its 69th meeting on 10 July it received the Union Gouerncnen conditions in the Territory, pursuant to paragraphs 12 from the representative of 'VHO, at United Nations (a) and (c) of Assembly resolution 749 A (VIII) Headquarters. information which indicated that the • A/2913 and Add.l and 2 ______.....------1--- request of the Union Govemment for the fellow­ such fellowships other than those of a technical na­ ships concerned had not included the Mandated ture. The Committee accordingly decided not to ~ Territory and that, in any event, it was not the include this matter in its report on conditions in the function oi \\'II<) to prescribe any conditions for Territory.

I• V. PETITIONS AND COMMUNICATIONS RELATING TO TilE TERRITORY OF SOUTH WEST AFRICA

, .~ 13. Pursuant to paragraph 12 (b) of General As­ 'visit Soutli West .lfrica. T1w Committee bclictcs it sembly resolution 7-19 A (V11I) and paragraph 6 0 f regrettable that the Mandatory Pourer should hare re­ resolution 941 (x.). the Chairman 0 f the Committee [used ,.....itliout explanation to permit a uisit to the Terri­ on South West Africa invited the Ciovernment of the tory of South TVest ..ljrica by a person wishing to gh'e Union of South Africa, bv a letter dated 2 March 1956 an account uf the proceedings of the United Nations (annex I (a», to assist the Committee in its work and, to those inhabitants icho had authorised him to speak on in particular. to transmit such petitions relating to their behalf. South \\'est Africa as might be received by the Union Government frum sources within the Territorv. In its 13. COMlIIUNICATIONS AND PETITIONS FROM SOURCES reply 0 f 21 April 1956 (annex I (b», the unfun Gov­ WITHIN TIlE TERRITORY OF SOUTH \VEST AFRICA ernment stated that, in the absence of any material change in the position outlined in its previous commu­ 15. Since the submission of its report and supple­ nications to the Chairman of 25 l\larch 1954 and 21 mentary reports at the tenth session of the General As­ Xlay 1955, its attitude remained unchanged with regard sembly, the Committee has received and considered to the submission of petitions. Having considered this the folluwing communications from sources within the reply, the Committee decided to continue to apply the Territory: alternate procedure of its rules of procedure in examin­ (i) Communications from Mr. ]acobus Beukes, ing petitions relating to South West A frica. At its 59th, Burger Secretary, Rahoboth Community: 6bt, 70th and 71st meetings on 16 February and 2, 11 (a) Communications dated 4 July, 1 August and 5 and 12 ] uly 1956, the Committee examined the com­ November 1955 (annex VI (a)); munications and petitions submitted to it and to the (h) Communications dated 2 March 1956 (annex Secretary-General relating to the Territory. VI (b)). The Committee decided) at its 59th meetinq on 16 A. COMMUNICATIONS FRO~I SOURCES OUTSIDE February 1956, to reqard the communications dated 4 TIlE TERRITORY OF SOUTH \VEST AFRICA July. 1 August and 5 November 1955 as a petition from 14. Since the submission of its report and supple­ within the Territory and to apply rule XXVI (a) and mentary reports at the tenth session of the General (b) of its rules of procedure. Subsequently, the Com­ Assembly," the Committee has received and considered mittee rcceired the communication dated 2 March 1956, the following communications from sources outside the in which Mr. Beukcs indicated that he had resubmitted Territory of South \Vest Africa: his petitions to the United Nations through the Gov­ (i) Communication dated 19 September 1955 from ernnient of the Union of South Africa. The Committee 11r. Peter McLaren, ] ohannesburg (annex 111); considered the petition at its 61st, 70th and 71st meet­ (ii) Communication dated 28 May 1956 from the ings on 2, 11 and 12 Jul'jl 1956. At its 71st meeting on Anti-Slavery Society, London (annex IV). 12 July 1956, it approved the draft resolution repro­ duced as annex VI (c), which it recommends for adop­ The Committee, at its 61st meeting on 2 July 1956, tion by the General Assembly. decided to refer to the General Assembly the questions (ii) Communications from Chief Hosea Kutako: raised in these communications, since these questions (a) Communication dated 4 October 1955 (annex 'Zt'C'rC' beyond the competence of the Committee. VII (a)); (iii) Communications from the Reverend Michael Scott: (b) Communication dated 11 May 1956 (annex VII (b)). (a) Communication dated 7 November 1955 (an­ nex V (a)) ; The Committee, at its 61st meeting on 2 July 1956, (b) Communication dated 1 June 1956 (annex V decided to take these communications into account dur­ (b)). ing its extnnination of conditions in. the Territory. (iii) Communications relating to the request that The Committee decided, at its 59th and 61st meet­ an oral hearing be granted to Mr. Eric Getzen: ings on 16 February and 2 July 1956, to postpone con­ sideration of these communications pending considera­ (a) Communication dated 1 November 1955 from tion by the General Asse1ably of the advisory opinion Mr. ]. Kozon Guizi, Chairman, Organizing Committee of the International Court of Justice on the admissibility of the South West Africa Student Body, Fort Hare of oral hearings. The Committee decided, at its 71st (annex VIII (aL; 5 m~etillg on 12 July 1956, to note, from the Reverend (b) Communication dated 23 January 1956 from jJ1zchael Scott's communication of 1 June 1956, that Mr. ]. Kozon Guizi, Secretary South West Africa the Union Gouernment had refused to allow him to Student Body, Windhoek (annex VIII (b)); • This communication was addressed from Fort Hare, Union 4 A/2913 and Add.l and 2. of South Africa. 3 te) Communicntion dated S June lllStl from Mr. d..cidcd tu tai« "dt,· 01 '11 .. other points raised ill Ih,,'T·': Letter dat Fritz ..\wll:-ch on behalf ot eighty-two l\cr~dall1ara orujinal pt'fitiol/, . Committe people t annex V11 I (C»; (iv ) Communicntiun dated 14 January 1956 from Pcrmancn t d) Connuunication dated 14 June lOSt> from l\Ir. the Tribal Congrcss of the people 0 f Ukuunyama, Ajric« to Cornelius l Ianse on behalf of sixty ~ama people (an­ Ovambolaud (unnex IX (Cl»), I have the I nex VUl (d); Fol!tJ7."in!l consultation by corrccpondence, the Cam­ 21 April 19S() The Conunittcc decided, at its 59tll //leetil/U Oil 16 mittcc decided, 0111l; i.1IarcIl1956, to consider this CO/ll­ the Minister oj Fcbruar» 195o, to consider the first of these COI/III/lllli­ inunication as a petition from unthin the Territory and Africa to my cations l'S II petition [roni outside the Territory ami to to ap/Il), to it I'IIle XXVI (a) ami (b) of its rules of the Committee defer action pendil/g the receipt b.\' the General As­ procedure.•·It its til st mectinq 01: 2 July 1956, the vou that the C scmbly of the advisory opinion of the lnternational CO//l IIIittcc decided to consider the petitioll as 7.'alidly consider the 1\ Court of Justice 011 the admissibility of ora! licarinqs. received ill conformit» 7.,'ith rule XXVI (c) of its Subsequently, the (. 'onnnittcc received the other three rules of procedure. The Committee examined the pcti­ After havin meetings on 2, communications mentioned aboic..At its 61st meeting tion at its YUth and list nicctinqs 011 11 and 1': July wishes me to i 011 2 Julv 1950, the Committee decided to deal tcith the 1956..'it the latter meeting, it atpro7.'ed the draft resolu­ attitude 0 f \'01 request 10r all ora! liearinq after the General Assembly tion reproduced as am/cx IX (b), tohicl: it i ecommends noted in parti. had considered the COUU.l adrisory opinion. It also for adoption by the General Assembly, of any material Government, il the communica May 1955, its ANNEX I The Cornmitt Correspondence with the Government of the Union of South Africa 10 June 1955 felt obliged to (a) Letter dated 2 March 1956 from the Chairman of its regret at the position which your Government was not prepai the Committee on South West Africa to the Minis­ deemed it necessary to take at that time, and its earnest charge of its m ter for External Affairs of the Union of South hope ·that through renewed negotiations with your Ajrica. Government satisfactory and positive results may be I have the honour to inform you that, at its 59th obtained. meeting on 16 February 1956, the Committee on South (Signed) Thanat KIlOMAN West Africa, established by resolution 749 A (VIII) of the General Assembly of the United Nations, re­ Report and 0] quested me to bring to your attention paragraph 6 of General Assembly resolution 941 (X) which invites the Government of the Union of South Africa "to 1. The Corr co-operate with the Committee and, in particular, to standing instrur submit to the Committee reports and such petitions as ence set forth may be received on its administration of the Territory (VIII), to exai of South West Africa; and to assist the Committee naire adopted h: in the examination of such reports and petitions, or of the League of such information and documentation as may be and documental available to that Committee". the Territory to the Assembl 2. In this connexion, the Committee has also re­ Territory takirn quested me to renew its invitation which was extended scope of the re to your Government by my letters of 21 January 1954 mission. In the and 24 January 1955. The Committee wishes me again held between 2 to state that, in accordance with paragraph 13 of Gen­ amined a docu eral Assembly resolution 749 A (V Ill), it remains mentation in re ready "to continue negotiations with the union of Africa"? prepar South Africa in order to implement [ully zhe advisory ance with rule opinion of the International Court of Justice regarding Committee draw the question of South West Africa", and therefore in­ document, whic vites your Government to designate a representative to eral found it po confer with it. 1955, as well a 3. Further, in accordance with paragraph 12 of to previous yea General Assembly resolution 749 A (VIII) and para­ Committee's pre graph 6 of General Assembly resol- 'on 941 (X), the ritory. Committee invites your Government to assist it in its 2. This infoi work, and, in particular, to render a report in reference from official do to the Territory of South West Africa for the year of the Union of 1955 and to transmit such petitions relating to South ?y the Territory West Africa as may be received by your Government IS shorter in let from sources within the Territory. vious years, for 4. The Committee, recalling your letters of 25 cause of the nee March 1954 and 21 May 1955 replying to its previous invitations in this connexion, wishes to reiterate both •AIAC.73/L.8 ar 4 _.~-- ttie 'T':''(e) Letter dated 2 J"ly 1956 [ron: the Chairman "/ the particular, that it was unwilling even to enter into nego­ Conuuiuee 011 South West Africa to tile j)eputy tiations in order to implement fully the advisory opinion 'om Permanent Reprcsentatirc of the Union of SQI/th of the International Court of justice with regard to the ma, Ajric« to tile United Nations question of South West Africa. The Committee sin­ cerely regretted and Ielt unable to accept that attitude, I have the honour to refer further to your letter of and it wishes me to say that it equally regrets and can­ )In­ 21 April IlJ5!l by which you transmitted the reply of not accept it at the present time. illl­ the Minister of External .:\Hairs of the Union of South The Committee, acting in these matters under in­ 1/1d Africa to my letter dated 2 March 1956 on behalf of structions from the General Assembly, finds itself un­ , of the Committee on South West Africa, and to inform able to consider the questions of the submission of re­ the YOU that the Committee has now had an opportunity to :d/y ports and .'etitions and of the renewal of negotiations consider the Minister's reply. as having been closed by the statement of the Minister its After having discussed that reply at its 60th and 61st eti­ of External Affairs contained in your letter. In con­ meetings on 28 June and 2 July 1956, the Committee tinues to hope that, in accordance with its terms of re­ Il/V wishes me to inform YOU that it has taken note of the ifli­ ference, negotiations with the Government of the attitude of your Government as described therein. It Union of South Africa mav be resumed and that the lids noted in particular the statement that m the absence Union Government's co-operation and assistance in the of any material change, from the point of view of your examination of conditions in the Territorv of South Government, in the position outlined on its behalf in West Africa may Le received. It has asked "me to draw the communications to me of 25 March 1954 and 21 your attention and that of your Government to the fact May 1955, its attitude remains unchanged. that, although the ensuing period of some ten days, The Committee wishes me to recall that in my letter of during which it is holding regular meetings, would be a 10 June 1955 I informed you that the Committee had particularly appropriate time to resume the discussion felt obliged to conclude that the Union of South Africa of these matters, it will hold itself in readiness to confer with a representative of your Government at any time. lent was not prepared to assist the Committee in the dis­ lest charge of its mandate by the General Assembly and, in (Signed) Thanat KHOMAN our be

:AN ANNEX IT Re­ Report and observations of the Committee on South West Africa regarding conditions in the Territory the of South West Africa I nit- I I 1. The Committee on South \Vest Africa is under descriptions of conditions remammg more or less the [I standing instructions, according to the terms of refer­ same from year to year, for which reason the document r of ence set forth in General Assembly resolution 749 A makes frequent references to those previously issued 'om i· (VIII), to examine, within the scope of the Question­ and should be read in conjunction with them," and, I naire adopted by the Permanent Mandates Commission secondly, because of certain lacunae in the information , j of of the League of Nations in 1926. such information available. This latter shortcoming reflects partly a known [ !I! .•'·· to and documentation as may be available in respect of change in the statistical methods of the Government of X) the Territory of South West Africa and to transmit the Union of South Africa, in that monthly trade .ate to the Assembly a report concerning conditions in the statistics for the Territory are no longer published ~ mit Territory taking into account, as far as possible, the separately but are integrated with those for the Union; it nay scope of the reports of the Permanent Mandates Com­ but it results more particularly from the failure of uth mission. In the course of its 62nd to 70th meetings, certain texts to become available to the Secretary­ 11."~.' ex­ held between 2 and 11 July 1956, it accordingly ex­ General and the Committee. In­ amined a document entitled "Information and docu­ 3. The Committee has drawn up the present report r ible mentation in respect of the Territory of South West on the basis of the information described above and also Africa"6 prepared by the Secretary-General in accord­ of some other relevant information, including reports ady ance with rule XXII of its rules of procedure. The published in the Press, It has taken into account a ~ uth Committee draws the attention of the Assembly to this number of communications received concerning tl.e Dry document, which covers, as far as the Secretary-Gen­ Territory." For the same reasons which it has given eral found it possible, information relating to the year re­ above concerning the relative brevity of the documen­ I 111d 1955, as well as such additional information relating tation before it, the Committee's report is also, in the to previous years as had become available since the 1'...... •....•...... sig- case of a number of subjects, shorter than in the past, [ Committee's previous reports on conditions in the Ter­ and should be considered in conjunction with its two ritory. '. rch previous reports on conditions in the Territory." In 1 ews 2. This information was taken, as before, primarily pursuance of General Assembly resolution 941 (X) the re­ from official documentation issued by the Government Committee has taken into account the discussions in the oti­ of the Union of .:3outh Africa and, under its authority, Fourth Committee at the tenth session, and has in­ the by the Territory of South West Africa. The document cluded in this report "its recommendations on each ion is. shorter in length than those issued in the two pre­ aspect of conditio-is in the Territory for such particu- VIOUS years, for two reasons in particular: firstly, be­ lde 7 A/AC.73/L.7 and Add.1; A/AC.73/L.3 and Corr.1, Add.1, cause of the need to avoid the excessive duplication of Add.l/Corr.1, Add.2, Adc.S and Add.3/Corr.3. 8 See part V, above. )LE e A/AC.73/L.8 and Add.1. • A/2913, annex II; A/2666, annex V. 5 lar action as it considers the Government of the Union can railways, made the statement that: "We want South pean 1 sa of South Africa should take to ensure the fulfilment of West Africa to become the fifth province of the prep its ul.>ligations and responsibilities under the Mandate". Union", Reminded by a senator that the Territory was r~ Wes -1-, The Committee wishes to reiterate its view in still "a 'C' mandated territory", the Minister stated further: "That makes no difference. \Ve hope that it Terr regard to the use of such terms as "European", "Non­ cord. European", "Coloured person", "Native", etc., in the is going to he changed in the future. South West 10. laws and other texts of the liovernment of the Union Africa has representation in the "Iouse 0 f Assembly • and in the Senate now." 11 of Ext 0;: South Africa und the Administrution of South West Govern Africa as a means of distinguishing various sections of ~. In the Union House of Assembly on le; April tury. It the population of the Territory, and to state that it 1955, the Prime Minister made a policy statement on the West 1 has again felt obliged tu use them in its own report status of the Territory, Ill' did so at the request of a member from South \\'est Africa who had, in effect, cause e only because in a number of contexts they represent cause u certain differences in the legal as well as the economic asked for the reaffirmation of what he described as the policy of the previous Government composed of mem­ tory "\ and social status of the inhabitants. The Committee South. considers that these distinctions reflect discriminatory bers of the same political party as at present: in sum­ policies inconsistent with both the spirit of the Man­ mary, that the Mandate over South West Africa no date and with the principles of the Universal Declara­ longer existed, that the Territory had become sovereign cone tion of Human Rights; but even if these distinctions in that it shared the sovereignty of the Union on at , assu were justified as a means of safeguarding the real in­ least an equal basis, and that the Union and South Unit terests of all of the inhabitants until individual equality West Africa had become one entity and accordingly J to th of rights and responsibilities could be achieved in the one territory and one nation. :'b.intaining that this stan , tions Territory, the terminology itself. and especially the policy had met with the approval of both the political expressions "Coloured" and "Native", have distasteful parties in South West Africa. the member had drawn Unit connotations in present-day Africa and are being attention to a contradictory statement attributed to the to th abandoned by other administrations. leader of one of those parties (the United National rega South \Vest party). to the effect that most of the more bel' c Afri 1. GENERAL important functions of the Government of the Terri­ tory were exercised by its own Legislative Assembly, stick A. Status of the Territory ill international Iau: and that if the Territorv could be shown to be self­ howl' at tlu 5, The status of the Territory of South West Af rica governing the United N,(tions could be asked to abolish the Mandate. Soutl' has been determined by the General Assembly, endors­ other ing the advisory opinion of the International Court of 9. The reply given by the Prime Minister con­ Mane Justice dated 11 July 1950, as continuing to be that of firmed the correctness of the statement of the pre­ shall a territory held under the Mandate accepted by the vious Government's policy, and continued as follows: thing: Government of the Union of South Africa and con­ "The policy of the National Party is that the Man­ date. firmed and defined by the Council of the League of date no longer exists, that the old League of Nations that "V Nations on 17 December 1920. According to article 2 is defunct. Our policy is what it was in the past, portic of the Mandate: namely, that we will nevertheless administer South Soutl "The Mandatory shall have full power of admin'­ West in the spirit of the original mandate as an in­ perso: istration and legislation over the territory subject to tegral part of South Africa; that South Africa is of So the present Mandate as an integral portion 0 f the now the sovereign body and that without necessarily day i' Union of South Africa, and may apply the laws of incorporating South West we shall regard it as an the U the Union of South Africa to the territory, subject to integral part of South Africa. That is why we passed mem such local modifications as circumstances may require. legislation in this House to give South West Africa will a "The Mandatory shall promote to the utmost the representation in Parliament and to give them cer­ the p material and moral well-being and the social pro­ tain powers as far as their own domestic affairs are colou gress of the inhabitants of the territory subject to concerned. In the second place our attitude is that colou the present Mandate," because the mandate no longer exists the United not, Nations has no say as far as South \Vest Africa is Gove 6. The Committee was able in its previous report concerned, that therefore we will not report to the applie to draw the attention of the Assembly to the fact that, United Nations and that we will not take part in any policy while representatives of the Union Government had on further discussions with regard to this matter." several occasions maintained before organs of the 11. United Nations that the Mandate had lapsed, Ministers Dealing with the suggestion that the United Nations which t of the Government had made statements in the Union would end the Mandate if the Territory could be shown West A Parliament in 1953 and 1954 affirming the status of to be self-governing, the Prime Minister added: of these South West Africa as a "C" Mandate.t? The Commit­ "I just want to say that it is perfectly clear that will be tee now feels obliged to draw the attention of the As­ the United Nations will not regard the small number which w sembly to certain official statements which have sub­ of Europeans there as tile people who are to deter­ South sequently been made and which have a bearing upon mine the destinies of South West, but the non-Euro­ Assembl the question of the incorporation or integration of the peans in South West. That is very clear. And if the interven Territory into the Union. leader of the United Party in South West entertains the Fou bel' 195 7. In the Union Senate on 23 March 1955, during such ideas I can only tell him that he is following a suicidal path because in that case it will not be included a debate on a railways and harbours appropriation '" history bill, the Minister of Transport, while replying to ques­ White people in South West Africa who will have to seek co-operation with us, it will 'be non-Euro- tions concerning the finances of the South West Afri- uA/A iaA/A 10 A/2913, annex rr, para. 9. u A/AC.73/L.8, question 1, para. 6. 6 peans. Nothing cnn come of that, of course, because poration of the Territory into the Union. He stated l want South 1 say again that the Union of South Africa is not that this step had been envisaged as far back as 1920 as ince of the prepared tu sacrifice her sovereignty over South the destiny of South West Africa, and had always been 'erritory was r \Vest. It is an integral part of South Africa and the considered by the former Prime Minister of the Union, nister stated Territory will be governed r.nd administered in ac­ Field-Marshal Smuts, as being in accordance with the hope that it cordance with the Act passed in this Parliament't.P spirit of the Mandate.!' At the San Francisco Confer­ South West ence in 1945 and at the final Assembly of the League of if Assembly 10. In the same House on 5 May 1955, the Minister of External Affairs made a further statement of the Nations in the following year, the Union Government Government's conception of the

ird it as an the Union in every sense of the word. The honorable spirit, most clearly accorded with the wishes of the I. y we passed member need therefore not fear that the Government inhabitants and with the interests of the Territory and Nest Africa will adopt a different policy from the one we have in should only be changed at the express request of the e them cer­ the past. The honorable member also mentioned our inhabitants. : affairs are colour legislation. I am not sure whether all that 13. On 24 November 1955, according to the same rude is that colour legislation was proclaimed there. Probably reports, an amendment was moved to this motion 011 the United not, because all of it was not necessary there. The behalf of the Nationalist party with the effect of re­ st Africa is Government's standpoint is that the colour policy moving the references to the statements made by the eport to the applied here ought also, in broad terms, to be the Union Government concerning incorporation and of at­ policy applied in South West Africa ..." 13 part in any tributing the removal of uncertainty to "the unanimous :'I' atter." 1.1. In order to clari fy a related subsequent event agreement with both political parties in South West ted Nations which took place in the Legislative Assembly of South in 1948" and the subsequent enactment of the South I Id be shown West Africa, and to maintain the chronological order West Africa Affairs Amendment Act, 1949, which ed: of. these developments, the Committee considers that it provided for the representation of the Territory in the y clear that wII! be useful to recall at this point certain statements two houses of the Union Parliament. The amendment nall number which were made by the representative of the Union of provided further that the Legislative Assembly should re to deter­ South Africa in the Fourth Committee of the General "confirm it as its frank view and as decided by the : non-Euro- !,ssembly during the intervening period. In a series of electorate, that the political position of South West And if the mterventions at the 491st, 497th and 498th meetings of Africa has been determined as follows: it entertains the Fourth Committee on 31 October, 4 and 7 Novern­ ?er 1955 respectively, the representative of the Union 1< A/CA/SR.497, para. 12. following a 1.A/CA/SR.491, para. 17. included in his remarks an explanation of the previous will not be 10 A/CA/SRA98, para. 40. o will have hIstOry and present status of the conception of incor- 11 The Windhoek Advertiser, Windhoek, South West Africa, non-Euro- 25 and 29 November 1955. The official records of the Legis­ 12 A/AC.73/L.8, question 1, paras. 7-9. lative Assembly for that period have failed to arrive at United 18 A/AC.73/L.8, question 1, paras. 10-11. Nations Headquarters. 7 "(a) The Mandate over South West Africa no circumstances at present surrounding it, leads the bt longer exists i Committee to believe that this is an important step to oJ "(b) South "Vest Africa has outgrown its man­ towards the political integration of the Territory into datory status by sharing the sovereignty of the Union the Union. It draws particular attention to those state­ at least on an equal basis i ments in which spokesmen of the Union Government T "(c) The Union and South West Africa have have associated the parliamentary representation of ai become an entity, that is, one country and one nation i South West Africa with assertions of sovereignty over In "(d) The financial arrangement between South the Territory and of a desire to integrate it completely m West Africa and the Union is such that it holds with the Union, The Committee can conceive of cir­ C mutual advantages i however, such that the advantages cumstanc.,s in which representation of a Mandated enjoyed by South West from the Union far out­ Territory in the legislative institutions of the Manda­ weigh those which the Union enjoys from South tory Power might be of certain advantage to the in­ West Africa i habitants, after due consultation with them and with "(e) The mutua! agreements between South West proper safeguards for their special status, as a means Africa and the Union will, as time passes, that is, of extending to them political and parliamentary ex­ for as long as the demand exists, be determined by perience and an opportunity to take part in making the laws under which they live, especially if it 'were not way of mutual consultation between the two coun­ e: tries". feasible for the Territory to have a legislative organ of its own. It is unaware. however, of any such motive t The amendment was adopted by the Legislative As­ in this case. The existing arrangements are indeed of tl sembly without division. The Committee notes that the such a nature as to have excluded either the consulta­ 'Il 0 statement which it contains of "the political position" tion or the representation of the largest section of the d of South 'Vest Africa is substantially the same as that population, and that secLion most in need of opportuni­ a which had been described in the Union House of As­ ties for political education. The Territory, furthermore, t sembly on 18 April 1955 and confirmed by the Prime possesses a legislative body of its own. Finally, the I Minister, as mentioned above, as the policy of the members who represent the Territory in the Union e party forming the present Government of the Union. a Parliament have a voice and a vote there not only in f( 14. The Committee considers that the General As­ matters relating to the Territory, but in all matters sembly will wish to give serious attention to the impli­ affecting the Union itself in which the Parliament is tl cations contained in these statements that, notwith­ competent. This latter fact appears to the Committee n standing the assurances given to it on behalf of the to imply an assumption by the Union of sovereignty ir Government of the Union of South Africa that the Ter­ over the Mandated Territory-that sovereignty which n ritory of South West Africa has not been incorporated spokesrien of the Union Government have in fact ~ tl into the Union, the integration of the Territory with claimed on the Union's behalf. 1 Cl the Union may have exceeded the limits imposed by the 17. Such an assumption of sovereignty over the provisions of the Mandate. In this connexion, it draws Mandated Territory by the Union Government, even attention to the questions which it raised in its two S, in less absolute terms, had much earlier been refuted previous reports concerning the significance of the 11 by the League of Nations. When the Union Govern­ " representation of the Territory in the Parliament of .s ment made a declaration that, subject to the terms of the Union of South Africa i and it draws attention also /'] u its mandate, it "possesses sovereignty over the terri­ <4 to the more recent transfer to the Union Minister of s, tory of South \Nest Africa",18 the Permanent Man­ Native Affairs of powers in respect of any matter a dates Commission observed in 1927 that this seemed specially affecting the major part of the population of a "to imply a claim to legal relations between the manda­ the Territory, with which it deals more fully in section J tory Power and the territory it administers under its II of the present report. The Committee believes that mandate, which are not in accordance with the funda­ these two developments-parliamentary representation mental principles of the mandates system't.l'' and the transfer of "Native" administration-must be s: considered in the light of such statements by repre­ IS. The Committee sees no reason to differ from the c sentatives of the Union Government as have been view expressed by the Permanent Mandates Commis­ 4 cited above, from which they draw added significance sion in .his connexion. It believes that any assumption " as evidence of a progressive and unilateral change in of sovereignty over the Mandated Territory, whether the status of the Territory. bv the Union Government or an institution of the Ter­ "0 IS. The Committee has already indicated in its ritory itself, would represent a change in the status of a previous reports its concern over the implications of the the Territory. It recalls in this connexion the unani­ a representation of South West Africa in the Union mous opinion of the International Court of Justice in Parliament. It has also suggested to the General As­ 1950, endorsed by the General Assembly, "that the t competence to determine and modify the international i sembly that the latter should consider the advisability '·'1, P of clarifying the legal aspects involved, having in mind status of the Territory rests with the Union of South ., the status of South West Africa as an international Africa acting with the consent of the United Nations". ,1 ~ d Mandate. In view of the above-mentioned statements .j 19. The Committee wishes to draw attention to :1 " by members of the Union Government, the nature of '~;I another aspect of the representation of the Territory 11 the representation of the Territory, exclusively by in the Union Parliament: namely, that the fact that the Union nationals of European descent, and the transfer Territory is represented in the Union Parliament has of important powers from the Territory to the Union ... Government. the Committee feels even more disturbed 10 This declaration was made in the preamble to an agreement P concerning the future status of the Territory. concerning the boundary between South West Africa and r Angola. s 16. The representation of the Territory in the is League of Nations, Minutes of the eleventh session of the Union Parliament, considered in the light of all the Permanent Mandates Commission, p. 204. S

.1'I been used to justify the integration ?f a(!ditio~al sec­ fr0111 mid-1951 to mid-1955. It draws attention, never­ g it, leads the tors of the South West Africa administration WIth that theless to the fact that the proportion of the "Euro­ important step :emai~ls ~act of the Mandatory Power." pean" 'population. to .the whole small, a. e Territory into to be borne in 111111d 111 any consideration of conditions III to those state­ 20. Steps in the direction of the integration of the in the Territory. ion Government Territory with the Union which have thus been tak~n .presentation of are no doubt based by the Union Government on lLS 11. POLITICAL ADVANCEMENT sovereignty over interpretation of its authority under the Mandate, as ate it completely mav be illustrated by the following statement of the A. Constitution of the Territory Union Minister of Native Affairs in 1954: conceive of cir­ 24. Article 2 of the Mandate for South West matter~ of a Mandated "Under the 'C' Mandate all relating .to Africa provides tLe framework of the constitution of of the Manda­ South West Africa have to be dealt. WIth as an l1'~­ the Territory by stipulating that the Mandatory shall ntage to the in- tegral part of the Union. if t.he U11l9n therefore IS have full power of administration and legislation over them and with now going to ha~dle th~ Natlv~ affairs ~nly as an the Territory subject to the Mandate as an integral tus, as a means intezral part of Its Native affairs, then It can ob- portion of the Union of South Africa, and by permitting b • h 1 'C' M d t "21 .rliamentary ex­ viously not clash WIt t le ran a e . it to apply the laws of the Union to the Territory, part in making 21. The Committee considers, however,. that ~h~ subject to suc'i local modifications as circumstances may ly if it were not extent to which the integration of the Territory WIth require; and also by stipulating that the Mandatory egislative organ the Union may be carried out under the provlsIOas. ~f shall promote to the utmost the material and moral any such motive the Mandate is firmly limited by the purpose and spirit well-being and the social progress of the inhabitants. ts are indeed of of the Mandates system as a whole. It l;~s the .g:ave~t .er the consulta­ 25. Reference is invited to the previous reports of doubts as to whether the "integral part provIsIon.In ;t section of the the Committee for a description of the constitutional article 2 of the l\Iandate authorizes a degr.e~ of ~n­ -d of opportuni­ instruments enacted by the Mandatory, by which ad­ tegration, on the political as well as ~he administrative ministrative and legislative control of the Territory is ry, furthermore, level which tends towards the estabhshment of sover­ m. Finallv, the vested in the Union Parliament and the Governor­ eignty over the Territory or in at~y other ,:,ay towards r In the nion General of the Uinon, and in the Administrator, the u a change in its status. The Committee considers, .ther~­ iere not only in Executive Committee and the Legislative Assembly of fore, that the administration of South 'yest Africa, In : In all matters the Territory. In 1955 the South West Africa Constitu­ the liaht in particular of the representation of the Ter­ tion Act, 1925, was further amended by the South e Parliament is ritcry in the Union Parliament and the .degree of the the Committee West Africa Constitution Amendment Act, 1955 (Act integration of the Territory with th~ Ut?-lOn, sh?uld be of sovereignty No. 26 of 1955), in respect of certain powers of the re-examined by the General Ass~n1.'ly In the light of Administrator, and by the Senate Act, 1955 (Act No. vereignty which the fundamental principles of the Mandates System. t have in fact 53 of 1955), in respect of certain aspects of the repre­ The Committee accordingly makes the following re­ sentation of the Territory in the Union Senate (see commendation: below). ~ignty over the 7 he Committee recommends that the Generc:l As­ B. Status of the inhabitants vernrr::ent, even selnbly should consider the desirability' of clarif'::/z,:g the 26. In its two previous reports, the Committee er been refuted legal effects and implications ot tlie rep.resentatz.on of Union Govern­ Parltame~tt, informed the General Assembly that it was unaware of South West Africa in the Umon z?!' the any law or regulation defining the status of the "Non­ to the terms of ~y light of circumstances at present SU!T.oundmg it, European" inhabitants of the Territory. At the same over the terri­ seeking legal advice, either from ~ Joznt Trusteeship errnanent Man- ~1l'LS time, the Committee drew the attention of the As­ and Legal Coinmittee or b}I rejerrinq matter, for sembly to the principles embodied in a resolution iat this seemed an advisory opinion, to the International Court of -een the manda­ adopted by the Council of the League of Nations on 23 Justice. April 1923 which, inter alia, declared that the status isters under its B. Population with the Iunda­ of the "Native" inhabitants of a Mandated Territory :m".19 22. No census of the population has been takhen was distinct from that of the nationals of the Manda­ since May 1951. The provisional figures from t at tory Power and that it was desirable for "Native" in­ )differ from the census showed that there were 349,110 "Natives" habitants to be designated by some form of descriptive idates Commis­ 48,588 "Europeans", 16,885 "Coloured" persons, .19 title which would specify their status under the Man­ any assumption "Cape Malays" and 3 "Asians".22 The total populatIOn date. 24 'ritory, whether was returned as approximately 414,600, of which .20~, 27. The Committee considers, furthermore, that the :ion of the Ter­ 000 (including 150,000 "Non-Europeans") lived 'Ylthm desirability of denoting this special status applies not in the status of an area known as the Police Zone and the remainder, only to the "Native" inhabitants of the Territory but don the unani­ almost all of them "Natives", lived outside the Police to all others who are entitled to consider South West rt of Justice in Zone. The estimated population as of June 1955 Africa as their permanent home. The C0111111ittee ac­ nbly, "that the totalled 457700 persons and included 55,220 "Euro- cordingly makes the following recommendation: he international peans" and ,402,500 "Non-E"; uropeans .23 Jnion of South The Committee recommends that legislation be pro­ nited Nations". 23. The Committee noted that these estima~es in­ mulgated at the earliest oPt:Jrtunity to define the status dicated an increase of about 13.6 per cent m the of all inhabitants under Mandate in South West Africa, w attention to "European" population as compc:red wit~l 12 per cent to establish this status as distinct fr:i1n that of nationals [ the Territory in the "Non-European" population during the years of the Mandatory Power, and to prooide for equal he ~::tct that the riqhts, privileges, protection and obligations for .all Parliament has 20 AIAC.73/L,7, question 2, para. 29. inhabitants under Mandate in South. West Ajrica, m A/AC.73/L,7, para. 25. . ea For the definition of these terms, reference 15 made to consistent 'with the Mandate and Article 22 of the : to an agreement paras, 3--4 of the report and ob~ervations ?f the Committee Covenant of the League of Nations. Vest Africa and regarding conditions in the Territory submitted at the tenth session of the General Assembly (A/2913, annex Il). '" A/2666, annex V, paras. 13-14; A/2913, annex Il, paras. ith session of the 23 Source: The Statistical Office of the United Nations. 16-18, 9 '-11,,1,," r­ , C. General Administration into "Native" reserve trust funds, trust funds in )­ I I 28. In its two previous reports the Committee Ovamboland, the Okavango and the Western Caprivi et i described the administration of the Territory and, in Zipfel, and tribal trust funds, as well as the annual rate IS this connexion, outlined the division of administrative which may be levied to cove. half the cost of erecting and legislative powers and functions between the Union a dividing fence between cl "Native" reserve and land Government and the Territorv and the extent to which individually held; the power to declare that the "Na­ the administration of the Territory has been integrated tives" within any urban area must reside in a location, with that of the Union. Changes from the situation "Native" village or "Native" hostel; the power to there described are the result in particular of the trans­ declare urban areas to be proclaimed areas (enabling the Governor-General to exercise restrictions therein, in­ st fer of the administration of "Native" affairs to the If Union Government, and the holding of elections for the cluding restrictions regarding the registration of con­ .11 Territorial Legislative Assembly. tracts and the entry of "Natives" into, and their resi­ er 29. The transfer of the administration of the Terri­ dence within, the area) ; the power to require the re­ moval of "redundant Natives" from any urban area al tory's "Native" affairs has altered the division of ad­ where the number of "Natives" is deemed to exceed the 19 ministrative and legislative powers between the Terri­ y, tory and the Union in so far as "Native" affairs are area's reasonable labour requirements; the power to establish curfews in urban areas at the request of the iy concerned. Administrative powers, which before the :y transfer of the administration of "Native" affairs to urban local authorities concerned; and the power to grant to any "Native" a letter exempting him from some al the Union were delegated to the Governor-General and, in practice, gp'lerally exercised bv the Administrator of or all of the laws regarding "Natives". the Territory, 'e now exercised-by the Union Minister )f 32. All other powers and functions formerly be­ of Native Affairs as well, j., so far as "Native" affairs longing to the Administrator or the Administration of al are concerned. Legislative powers continue to be exer­ j- South West Africa in applying the laws of the Terri­ cised as formerly by the Union Parliament, the Gover­ tory relating to "Native" affairs have been delegated is nor-General, the Administrator of the Territory and by the Governor-General to the Minister of Native r­ the Legislative Assembly. Under the new "Native" Affairs; the Minister may exercise these powers and le affairs legislation, the Union Minister of Native Affairs )f functions himself or may delegate them either to the ~, however, also been given legislative powers, al­ Administrator, as a member of the Union Native ]­ i,. .Jugh these are limited to a relatively small section Affairs Commission, or to any officer of the Depart­ th of the Western Caprivi Zipfel. ment of Native Affairs. These powers and functions et include: the power to recognize, appoint or remove le Transfer of the odministration of Natiue Affairs "Native" headmen; the power to appoint persons to attest o. to tlze Union 30. On 1 April 1955, the aclminstration of "Native" or make contracts of service or apprenticeship under the e- Masters and Servants Proclamation, 1920; and the power ee affairs and any matters specially affecting "Natives", including the imposition of taxation upon their persons, to sanction, or to deny, the granting of most trading and land, habitations or earnings, was transferred from the occupational licences for "Native" reserves, locations, Administrator of the Territorv to the Minister of or any land wholly surrounded by a "Native" reserve. ee Native Affairs of the Union. The transfer, however, Also included among the functions of the Minister of of was made subject to certain further provisions. Among Native Affairs or his deputy are the administration of n­ these provisions were the following. In applying the certain laws of the Territory in so far as they relate to le laws in force in the Territory. in so far as they relate "Natives", namely, the Undesirables Removal Procla­ s­ to "Native" affairs, the Governor-General is to assume mation, 1920, the Workmen's Compensation (Acci­ m the powers and functions of the Administrator or Ad­ dents and Industrial Diseases) Proclamation, 1924, 23 ministration of the Territory unless the context of the and the provision of the Arms and Ammunition Proc­ lIS law indicates otherwise or unless the Governor-General lamation, 1938, barring any "Native" from having arms ry by proclamation declares this provision to be inap­ or ammunition in his posession without a license issued a­ plicable in respect of any law or any provision of a with the approval of the Minister. Other laws of the n­ law. Any powers and functions thus conferred upon the Territory, in so far as they concern "Native" reserves, ve Governor-General may be delegated by him by procla­ are to administered by the Minister or his deputy, n- mation to the Minister of Native Affairs, who in turn namely, the Undesirables Removal Proclamation. 1920 may delegate any of his powers and functions to the the Prohibited Areas Proclamation, 1928, the Control of he Administrator of the Territory, in the latter's capacity Sites (Churches, Schools and Missions) Proclamation, ot as a member of the Native Affairs Commission, or to 1932, certain provisions of the Arms and Ammuni­ ut any officer of the Department of Native Affairs. tion Proclamation, 1938, controlling the supply, move­ st 31. During 1955, the Governor-Ceneral by procla­ ment and possession of arms or ammunition, certain c- mation delegated most of the powers and functions provisions of the Game Preservation Ordinance, 1951. conferred upon him by the new "Native" affairs legis­ and the Preservation of Trees and Forests Ordinance. lation to the Minister of Native Affairs. However, 1952. In addition, the Minister of Native Affairs or his 0­ deputy may exercise both administrative and legisla­ us certain powers and functions were excepted from those W~stern delegated to the Minister and were consequently re­ tive powers with regard to any part of the 'a, Caprivi Zipfel which has been set aside as a "Native" ils served to himself by the Governor-General. Among reserve (at present, the easternmost portion of the al the powers and functions so reserved to the Governor­ Okavango Native Territory). zll General are some of the key provisions of the "Native" affairs legislation of the Territory, inter alia: the power 33. Various amendments are also made in the to appoint and remove chiefs, define the boundaries of existing legislation of the Territory to allow for the the area of tribes or locations, divide or amalgamate participation of Union officials in the exercise of powers tribes, and order the removal of tribes from one place and functions formerly belonging to the "Native" 15. to another; the power to levy annual rates to be paid affairs officials of South West Africa. 10 34. Finally, two ordinances of the South West ministrator's powers in this field would progressively funds, trust funds in Africa Legislative Assembly have been amended to be tempered and ultimately wholly controlled by fully Id the Western Caprivi allow the Administrator to exercise certain of his representative, executive and legislative organs to be >well as the annual rate powers under them only after consultation with the established in the Territory. Furthermore, even while la~f t,~e cost of erecting Minister of N utive Affairs. These powers of the Ad­ the Administrator remains responsible to the Union ative reserve and land ministrator are: under the Mines Works and Minerals Government, his presence in the Territory and the ) declare that the "Na­ Ordinance, 1954, the power to make regulations regard­ authority vested in him for the management of its ust reside in a location t~ ing prospecting and mining in "Native" reserves; and, affairs are capable of serving and should serve to the hostel; the power under the Game Preservation Ordinance, 1951, the international community, to which the Union Govern­ med areas (enabling the ,, b power to take such measures as he considers necessary ment is responsible, as a symbol of that Government's restrictions therein in- for the construction of fences, dams, and watering holes respect for the special status and the integrity of the he registration of 'con­ and the provision of any other means for the preserva­ Territory. I .s" into, and their resi­ ~j tion of game in the Kaokoveld "Native" Reserve (a 38. The Committee does not believe that the sub­ iwer to require the re- large portion of which is also a game reserve). from any urban area stance of "Native" administration in the Territory-the is deemed to exceed the 35. A further effect of the transfer is the vesting policies and practices established and sanctioned by the 'ements ; the power to in the South African Native Trust of all land set aside relevant legislation, ordinances and proclamations-was s at the request of the as "Native" reserves, in other words allocated for the fully consistent with the letter and the spirit of the ed; and the power to sole use and occupation of "Natives". Mandate before this transfer of direct control to the Union Government; it is no more consistent now that ernpting him from some 36. The Committee must express its deepest con­ .tives", the transfer has taken place, because it has not been cern at the implications of the legislation transferring materially changed. The Committee has pointed out 'unctions formerly be­ the administration of the Territory's "Native" affairs to in the past, and will continue to do so in the future, the Administration 0 f the direct control of the Union Government. From a as long as these conditions persist, the grave short­ the laws of the Terri­ strictly legal point of view, and regarded as an isolated cOI~ings of "Native" policy in the Territory, the in­ 'S have been delesated act, it may be possible to claim that the transfer falls le Minister of Nbative fenor status accorded to the majority of the inhabitants within its authority under the Mandate to administer in law as well as in practice, the strong element of cise these powers and the Territory as an integral portion of the Union, The racial discrimination vvhich traces its pattern through ate them either to the Committee, however, feels that such integration must the whole fabric of the treatment of these people, the of the Union Native be governed by all of the provisions and intentions of paucity of effort to improve their moral and material officer of the Depart­ the Mandate, and by the body of standards and princi­ well-being, and the neglect of their fundamental human powers and functions ples evolved and established by the Mandates Commis­ rights and freedoms. It continues to hope for real im­ e, appoint or remove sion. Although the legality of the transfer may seem provement in these conditions, but it must state with .ppoint persons to attest doubtful to some, the Committee also believes, as it the deepest regret that in the complete integration of iprenticeship under the has stated earlier in connexion with the status of the the "Native" administration of the Territory with that l11, 1920; and the power Territory, that the cransfer cannot be considered as an of the Union of South Africa it finds no assurance that ng of most tradina and isolated action but forms part of the process and policy a serious and enlightened attempt will be made to repair e" reserves, locations,b of progressive political integration of the Territory the omissions of the past and to establish policies and ly a "Native" reserve. with the Union, as enunciated in recent statements by methods of "Native" advancement fully in accord with ms of the Minister of leaders of the Union Government and as exemplified the intentions and the requirements of the Mandates I the administration of by the representation of South West Africa in the system. -I o far as they relate to Union Parliament. ~j .bles Removal Procla­ 39. The Committee accordingly makes the follow­ Compensation (Acci- \ 37. All of the implications of the transfer for the ing recommendations: actual well-being of the "Native" inhabitants-who of Proclamation, 1924, The Committee considers, in view of the recent nd Ammunition Proc­ ~ course form the majority of the population, that part of it whose tutelage the Union Government assumed statements of Union Government policy and other sur­ ve" from having arms I rounding circumstcnc s, that the transfer by the Umon ithout a license issued in .1919 as "a sacred trust of civilization"-are not yet evident to the Committee. But the sweeping scope of Government to itself of direct responsibilities for er. Other laws of the ~'NativeJJ administration in South West Africa, even .rn "Native" reserves, the change is clear: approximately 84 per cent of the people of the Territory have now been integrated within zf legally permissible, is a step in the wrong direction. nister or his deputy It recommends that the Union Government take im­ tl Proclamation, 1920: the Union's system of "Native" administration, and approximately 24 per cent of the land of the Territory 11tedi~te steps to sajequard the special status of the 1, 1928, the Control of !erntory and the interests of its inhabitants b'jI ensur­ ssions) Proclamation has been vested in a Union agency which is in no sense Ammuni~ an institution of the Territory. Although the transfer Zfvg that responsibility for their tulministration.shall pass Arms and pl'ogressively to representative, executive and leqisla­ ng the supply, move­ as far as it has now taken place makes an immediate ~hange in the allocation of responsibility rather than tive institutions proper to the Territory itself. It rec­ . ammunition, certain ommends, further, that the Union Government take In the substance of "Native" administration in the tion Ordinance, 1951. urgent transitional measures to revise the e.risting Id Forests Ordinance. Territory, the Committee finds it difficult to understand what other purpose the transfer may have than, in the policies and practices of "Native" administration in a Native Affairs or his manner which w;ll ensure the fulfil1nent of its obliga­ iistrative and lezisla- long run, to bring about as complete an assimilation of h tions and responsibilities under the Mandate. part of the Western "Native" policies in the Union and the Territory, taken ~ith t aside as a "Native" as ?- whole, as the Union Government may wish to reqard to the uestinq in the South African most portion of the achieve. The Committee recognizes that the Union N atwe Trust of all land set apart for the sole use and Go:,e~n~ent might ~ave been able to bring about this occupation of "Natives", the Committee reiterates its assI~I~atlOr: by.leavmg powers in respect of "Native" previous opinion that the territorial assets and integrity ~ also made in the administration 111 the hands of the Administrator as of South West Africa must remain intact and must be )ry to allow for the it~ agent. The Committee had hoped, however, that maintained until such time as the Territory has attained he exercise of powers Wlt~ the constitutional and political development to the goal ~stablished for it under the Mandates system, 1~ to the "Native" which the people of the Territory are entitled, the Ad- and that its assets cannot be vested in a.ny source other nca. 11 I than the 111undated Territory itself. The Committee pared with 23,735 at the time of the previous get .ressively accordingly recommends to the General Assembly that election in 1950. 0 f a total of 26,869 valid votes by fully it take all necessary steps to ascertain 'whether or not Nationalist Party candidates received l5,;i34, Ut ns to be the transfer of lands held ill trust for the people of National South West Party candidates 10,800, 'en while the Territory to an agency external to the Territory is independent candidate 435, and the leader of the ,e Union compatible with the obligations of the Union Goucrn­ Independent Economic Party 100.:!8 and the mcnt under the Mandate. It of its 45. The Nationalist Party won sixteen of ve to the The Leqislaiiue Assembly eighteen Legislative Assembly seats and the United Govern­ tional South \Vest Party two, representing a gait ~rnU1ent's 40. A general election to the eighteen-member one seat by the Nationalist Party from the Un ty of the Legislative Assembly of South West Africa was held National South West Party, which had won tl on 16 November EJ55, the five-year term of the pre­ seats in the 1950 general elections. vious Assembly elected in 1950 having expired. Only the sub­ the "European" population of the Territory partici­ 46. At its opening meeting on 23 November 1< tory-the pated in the elections, as "Non-Europeans" are not the newly formed Legislative Assembly elected the ed by the entitled to vote for members of the Legislative Assem­ elective members of the Territory's Executive C Dns-was bly, or to stand for elections thereto. mittee. It re-elected the four Nationalist Party m it of the bers who, in addition to the Administrator as Chairrr 01 to the 41. According to a report by the Union of South constituted the Committee before the general electi now that Africa State Information Office, Pretoria, the election was largely fought over the question of the relations 47. The Committee makes the following recam not been dation: inted out between South West Africa and the Union Govern­ ment. The Nationalist Party of South West Africa, The Committee, noting that membership in the Le le future, lative Assembly and the right to uote in elections ve short­ which contested each of the eighteen seats in the Assem­ bly, claimed that the Mandate no longer existed and the Assembly are restricted on racial grounds to r, the in­ L, I' "European" population of the Territory, and that lhabitants sought closer association with the Union. Affiliated with the governing party in the Union, the Nationalist elected body therefore represents only a minority ement of the inhabitants of the M undated Territory, and be l through Party was actively assisted in its campaign by members aware of the inconsistency of this restriction not Oi eople, the of the Union Nationalist Party, including the Prime with the purposes of the Mandate but also with i l material minister and Cabinet Ministers. The State Information Office reported that the Prime Minister, in an eve-of­ practice in other African territories in comparable c al human cumsiances, recommends that the lJ1andatory PO'U ~ real im­ election message, "stressed that the voting was not merely on local and domestic issues, but involved the take steps to begin the transformation of the territor itate with legislature into a fully representative body by ester ration of most important question of whether South \Vest Africa was to become isolated from the Union, and fall prey ing representation to all the inhabitants of the Territo 'with that and by removing racially discriminatory prouisio ranee that to the United Nations, or whether its relations with the Union should be strengthened'U" [roni the qualifications [or membership in the leqis. :to repair tu re. licies and 42. The United National South West Party (which cord with is not connected with the United Party in the Union Public service Mandates and received no assistance from the latter party in 48. There was again an increase in the staff et conducting its campaign) maintained that the Mandate played by the South West Africa administration, frc still existed. United National South West Party can­ le follow- 6,163 as of 31 March 1954--of whom 3,664 were "No didates ran for seventeen of the eighteen Legislative Europeans"-to 6,309 as of 31 March 1955, of wh Assembly seats. he recent 3,788 were "Non-Europeans". Despite a continu other sur­ 43. There were two other candidates, both of whom shortage of staff to fill available posts, the Committ she Unwn acknowledged the status of South West Africa as a observes that the various positions in the Administr :lities for Territory under Mandate. One, the founder of the tion are classified and allocated not only by title, b rica, even Nationalist Party in the Territory, ran as an independ­ by race, those posts reserved to "Non-Europeans" b direction. ent candidate. The other was the leader of the Inde­ ing so identified. In public administration at the mu take im- pendent Economic Party, formed earlier in 1955 as cipal level, permanent appointment to posts continu: the South West Mandate Party. The latter Party, IS of the to be reserved exclusively to "Europeans." according to local press reports," was based on five by ensur­ 49. The Committee makes the following recon principles: (a) maintenance of the stc ius quo 0 f the shall pass mendation: id legisla­ Mandate Agreement; (b) the right of all voters in the Territory, irrespective of race or religion, to join the The Committee urges that the Mandator» Power tal. f. It rec­ the necessary steps to ensure that employment in t1 nent take Party; (c) the right to decide on the marketing of the products of the Territory; (d) equal rights for all three public administration, whether at the central or at t1 ~ existing local qoi.ernment level, be based on qualifications otli uio« in a language groups; and (e) a demand for an objective settlement scheme.F than race, and further recommends that "Non-Euro ~ts obliga- cans" be trained progressively for higher posts in th 44. At the time of the 1955 general election, there Administration of the Territory. r~ African were 29,773 registered voters in the Territory, com- 'e use and Reconstitution of the Union Gotnrnmeni Senate 25 AIAC.73/L.81Add.1, question 8, paras. 5-6. terates its 50. During 1955, the Union Senate, in which Scut 20 The Windhoek Aduertiser, 22 April and 2 August 1955. I integrity 27 The Committee wishes to explain that the terms "race" \Vest Africa is represented (according to the law) b d must be and the "three language groups" refer in this instance to the f~~lr members, was reconst.ituted by Act of Pal:liamen1 is attained Afrikaans-, English- and Gerrnan-speaking' sections of the ss system, "European" population, often referred to in the Territory as the - AIAC.73/L.81Add.1, question 8, para. 4· Cape Times 1 "three racial groups". 17 and 18 November 1955. ' . urce other 12 le time of the previous general The size of the Senate was increased from forty-eight of the "':\ on-European" population is not reflected in total of 26,869 valid votes cast, to eighty-nine members, and the term of senators was the Territory's budget and that any attempt to estimate idates received 15,534, United reduced from ten to five years. South \Vest Africa expenditure on behalf of "Non-Europeans" has been Party candidates 10,800, the representation, however, remained fixed at four. The rendered more difficult by the application in 1955-1956 ,35, and the leader of the new new and enlarged Senate came into existence on of the financial provisions of the South West Africa Party lOO.:!8 25 November 1955. Native Affairs Administration Act 1954 (discussed in 51. The Committee has explained in its previous section I below). Furthermore, the budgetary figures Party won sixteen of the do not include the Union Government's contribution embly seats and the United Na­ reports that the representation of the Territory in the two houses of the Union Parliament is exclusively by towards the police services in South \Vest Africa y t\VO, representing a gain of (amounting to £206,09~ in 1954-1955) or grants by ialist Partv from the United "Union nationals of European descent". Irrespective of the question of the propriety of any representation of the Union [or the purpose of settling "European" Party, which had won three farmers of South African descent from Angola in the I elections. the Territory in the Union Parliament, the Committee would obviously have found this restriction to be un­ Territory (standing at £170,115 at the end of 1954­ ieeting on 23 November 1955, acceptable according to [he criteria to be applied to a 1<;;55). i\or do these figures indicate the losses in­ itive Assemblv elected the four curred by the Union in the management of South 'West ~ Territory under Mandate. The Committee's present Territory's -Executive Com- concern, however, is with the effect of any such rep­ Africa's railways and harbours, exclusive of Walvis Bay four Nationalist Party rnern­ resentation on the status of the Territory, and it draws Harbour and the section of the Line Walvis Bay­ [le Administrator as Chairman, attention to its observations on this matter in section 1. Swakopmund (amounting to £795,704 in 1954-1955). :e before the general elections. above. 56. The Territory's debt to the Union fell from lakes the foIlowing recornmen- £2,0%,733 in lY53-iY54 to £2,036,215 in 1954-1955 Ill: ECONO:\IIC CONDITIONS through repayment. There was no reduction in the that membership in the Legis­ A. Public finance outstanding amount of £900,550 due to the Union in respect of interest on loans for the period 1 April 1937 right to 'vote in elections to 52. Between 1950-1951 and 1954-1955, budget sur­ to 31 March 1945, which sum is placed it. J. suspense 'ied on racial grounds to the pluses continued to occur annuaIly and both revenue account with no interest charged. On the basis of in­ f the Territory, and that this and expenditure increased steadily in the Territory, formation available, financial aid from the Union was epresents only a minority of as follows: andated Territory, and being ReVC1we Expenditure S"rphls no longer an important factor in the Territory'S finances :y of this restriction not only Year £ £ £ during recent years. 1950-1951 ...... 4,796,919 4,440,006 356,913 1 M andaie but also with the 1951-1952 ...... 6,212.766 5,753,215 459,551 B. Direct taxation territories in comparable cir­ 1952-i953 ...... 8,902,920 7,891,548 1,011,372 that the lit[andatory Power 1953-1954 ...... 9,062,265 9,110,413 951,852 57. No changes of major importance affecting the .nsformation. of the territorial 1954-1955"...... 10,722,423 9,641,303 1,081,120 basic structure of the system of direct taxation as des­ presentative body by extend­ cribed in the Committee's previous reports were intro­ e inhabitants of the Territory "The figures for revenue and expenditure include sums which, beginning in 1954-1955, in accordance with Ordinances duced during 1955. The main change was the institu­ ry discriminatory provisions Nos. 17 and 21 of 1953 are no longer paid into and from the tion of a more complex sliding scale of income tax rates -r 'membership in the leqisla- Territory Revenue Fund but are payable directly into special payable by mining companies which relates the rate of funds. tax to the ratio of net profit to allowable expenditure. 53. The principal items of revenue are income taxes, diamond taxes and royalties, and customs and C. Customs system and the question of an increase in the staff em­ excise duties. Since 1950-1951 the Territory has col­ economic equality : Africa administration, from lected a relatively large revenue from income taxes, 58. As reported by the Committee in previous years, -of whom 3,664 were "Non­ which in 1950-1951 contributed 15 per cent of total the Territory is administered for customs and excise of 31 March 1955, of whom revenue, and rose to over 38 per cent in the budget for purposes as part of the Union 0' South Africa, and ~ans". Despite a continued 1954-1955. On the other hand, this period witnessed receives an approximate annual rebate from the Union 'ailable posts, the Committee a decline in the importance of diamond taxes and of revenues coIIected in South West Africa. The Man­ positions in the Administra­ royalties as weIl as customs and excise duties. The date agreement for South West Africa does not embody ocated not only by title, but latter yielded 19 per cent of the total revenue in 1950­ the principle of economic equality for members of the zed to "Non-Europeans" be­ 1951 but fell to about 14 per cent in 1954-1055. The League of Nations. The customs system of the Union : administration at the muni­ share of diamond taxes and royalties in total revenue and the Territory is, in fact, marked by various pre­ .ointment to posts continues decreased from 30 per cent to 18 per cent during the ferential regimes, with various types of special treat­ to "Europeans." same period. The Committee notes with satisfaction ment accorded to different countries, notably the High takes the foIlowing recorn- the success of the Administration in developing income Commission Territories of Swaziland, Basutoland and taxes as a major source of revenue. the Bechuanaland Protectorate, the Federation of It the Mondator» Power tal:e 54. On the expenditure side, the largest single item Rhodesia and Nyasaland, the United Kingdom of Great lire that employment in the is transfers to the various specified funds, the most Britain and Northern Ireland, Eire, Canada, New ther at the central or at the important of which are the Roads Fund and the Terri­ Zealand and any country signatory of a treaty embody­ based on qualifications other torial Development and Reserve Fund, primarily con­ ing the most-favoured-nation clause. »mmends that "Non-Europ­ cerned 'with development schemes. The amounts paid 59. During 1955, the special customs arrangements 'Jety for higher posts in the into these funds in 1954-1955 totaIIed :£5,896,304, with Northern and Southern Rhodesia were replaced -riior». equivalent to 61 per cent of total expenditure, as com­ by a trade agreement between the Un;c)11 of South pared with :£1,004,384, equivalent to over 20 per cent Africa and the recently created Federation which was '11 Gosnrnment Senate in 1950-1951. Other main items of expenditure for applied to South West Africa in August 1955. The nion Senate, in which South 1954-1955 were: education (£971.661); public works effect of this was to replace what had formerly had , (according to the law) hy (£569,501); administration (:£404,848); posts and tele­ the characteristics of a partial customs union by a ituted by Act of Parliament. graphs (:£378,104); and public health (£221,062). preferential regime providing reciprocal tariff reduc­ 55. The Committee notes that the total amount tions for both parties. Under the agreement each party on 8, para. 4; Cape Times, 16, appropriated for the social and economic advancement admits free of duty a wide range of goods produced by 13 I rr.!--­ the other, while their exports of other goods are ac­ under the Native Affairs Administration Act, 1954, sult that within two gel corded special tarifi reduction, or an' subject to vary­ all land reserved for the sole use and occupation of a pm;itioIl had been .rel 1\ ing rebates, "Natives" is vested in the South African Native Trust, al'tiun on the part ot tl W, Also during 1955, the existing dumping" duty a g'OVl'rtlllll':tt agency external to the Mandated Terri­ iuture of the farming," ton'. In this cunnexion the Committee refers to its nomy. of the Territory .~ on metal bolts and nuts, previously imposed on such 1 goods originating irom France, was ex tended to apply ohservutions in section Ll, (para. 3 )), above, W. Since 1~47, Iun: also to the Saar, till' Federal Republic of t;el'lllany and European land settlement ous conservation and d the United Kingdom. New dumping duties were im­ a Soil Conservation U posed on women's nylon stockiugs, electric plugs, ho. The programme 0 f settling' "European" farm­ fur the drawing up of sockets, lampholders, switches and adapters, when im­ Cl'S as leaseholders on Government or Crown lands, plans the creation of se ported from the L'nited Kingdom: cu'tun yams, when which was described in the Committee's preceding re­ coml:ulsory application imported Iro:n Egypt; and brake linings, when imported port, was continued in 1()55, a total of 107 farms, with individual farmers supp from the l.'uite.' Kingdom and till' United States of an aggregate area of 74g,342 hectares being advertised The costs of these meas for allotment during the year. These farms were mainly America. II f the Administrator, e in the Outj0, Groot fontein and Gibeon districts. The D. Forciqn trade the individual farmers total amount owing to the Administration for land, During 1Y55, the ~d 61. The lanuarv gl55 issue of the monthlv abstract boring costs, survey fees, rent, advances to farmers. areas of land as SOli c of trade statistics compiled by the L'nion Department etc., under the land settlement programme increased lowirur districts: Ke of Customs and Excise contains the following state­ from £1.719,4~4 at the end of the financial vear 1953­ Ukah~ndja, fin~ncial \\'indhoek ment: 1954 to £1,750,161 at the end of the year financial year 1Y54-19 "The laws relating to Customs and Excise of the 1954-1955. cated for consen'ation political territory of the Union 0 f South ;\frim arc 67. The Committee had no information concerning and £2,375 was spent made to apply to the II igh Commission territories the number of farms actually allotted during the year £1,1YO) represented ex I of Basutoland, Swazilnnd and Hechuanaland Protec­ but, bearing in mind the advice given to applicants that in "Native" reserves. torate. and the Territorv of South West Afric«. Prior a large number of applications might be received for tween the amount alloc t"~' to 1 January 1955, statistical territory 'Union of some (J f the holdings. it presumed that some at least is attributable partly to South Africa' in the trade publications comprehended of the iarms were so allocated. In its preceding report, avail themselves of S;1 the trade of the political territory of the Union of the Committee had observed that by the end of 1952 also partly to delays 1I South A frica and the High Commission territories approximately 45 per cent of the total land area had due to labour shortage of Ilasutolancl, Swazilancl and Hechuanaland Protec­ been allocated to "Europeans", who numbere.l less than 70. Reference was torate. As from 1 January 1955, it includes, in addi­ 12 per cent of the population in 1951. In the light of port 0 f the Committe( tion. the Territory of South \\...-st Africa." this fact and of the continuing allotment of land to farming Interests Fun 62. The effect of this decision is that no separate "Europeans", the Committee makes the following fanners for dams, bore statistics ior South \Vest Africa have heen included recommendation : measures, and also to in the n.onthly abstract since the beginning of 1955. The Conuni.tcc reiterates its deep concern at the research, reclamation I G3. The Chamber of Commerce in \\'indhoek is cxistlnq disproportion in the area of land set aside for ministered by a Farmii reported ~ll to have addressed a strong resolution to the the "Non-European" population as compared with that representatives of the . Administration oi the Union of South Africa request­ set aside for "Europeans;" and at the possibility that terests. The Fund wa: ing that the publication of separate trade statistics for the demand for additional land b» "European" farm­ n05,000 standing to tl South \ Vest .\irica be revived. The resolution was ers may lead to the further reduction of the area re­ Conservation Account adopted unanimously at a meeting- held on 22 Xlarch served for "Non-Europeans", It also drtncs attention I and has also received al 1956 at which speakers, including the retiring chairman again to the elements of discrimination against the in addition to a statut of the Chamber. stated that the separate statistics were "Non-Europeau' inhabitants contained in the conditions the Meat Board levies important for commerce in the Territory. of "European" tenure. period 1 September L The Committce remains of the opinion that the of the Meat Board F 64. The decision to cease publication of separate from the Meat Board trade statistics for South \ Vest Africa has also deprived present land policy of the Administration appears to be dei-eloped almost cntircly in the interests of the of 31 March 1955, th the Committee of an important source of the informa­ of the Farming Intere tion upon which effective international supervision of "Europeans" and that the present and [uture interests of the "Non-European" inhabitants are not being which .£280,000 had bee conditions in the Territorv must be based. The Com­ allocations. Infrmnati mittee, therefore. makes tl;e following recommendation: sufficiently safeguarded. It accordingly recommends that, in the spirit of and in accordance ie,ith the letter the Fund during 195 The Committee expresses its concern at the difficulty of the Mandate, the Union Goucrnnieni review and re­ Committee. although i which has been placed in the waJ' of its examination of vise its land settlement policy in order that the auail­ a further grant of .£5 economic conditions in the Territory as a result of the ability of land for further settlement be governed by campaign in the Unite discontinuation as from January 1955 of the publica­ the present and future needs of the "Non-European" 71. Expenditure b tion of monthly trade satistics separate from those for inhabitants and by adequate sajequords of their rights conservation during the Union of South Africa. and recommends that the aru! interests, amounted to .£143,094, Union Gorernment, in view of its accountability for the preceding year. the administration of the Territory, provide separate F. Conservation of natural resources from a special Water and detailed import and export statistics concerning it. 68. The serious need of the Territory for soil re­ payment of moneys .in gations in the Ternto E. Land and land tenure clamation and conservation and for the development of water supplies was described in the Committee's economic loans to m 65. In its preceding report. submitted at the tenth preceding report. It will be recalled that a study of the water supply", session of the General Assemblv, the Committee des­ situation was made in 1948 by the Long-Term Agri­ 72. The Committee criLed the existing situation in regard to land ownership cultural Policy Commission which concluded, that the of the problems conn in the Territory. The Committee noted, inter alia, that natural resources of the Territory had seriously dete­ 00 In the usage of Sout ""Allqenieine Zeitunq, 23 March 1956. riorated through erosion and overstocking, with the re- ing" and "iarmers" refer 14 • .-••' "A&t!iI£liUI I.XiX" L :3@ MW". SZ!L-4\@ ~iJ,~.~.. w sult that within two generations of civilized occupation development of naturat resuurccs. for the economic.de­ pI a. position had been reached which called fur positive oelopment of South IVest Africa and the llIa~Hfest COllfern tvitl: which these problems arc regarded m the m action on the part of the State and citizen alike if the ti, iuture uf the farming',au and thereby the political eco­ Territory draws the attention of the Government of to nomy, of the Territory were to be assured. the Cl/ion of South .Ajrico as the l',]andatory. Pow.er to the facilities for obtairinq technical .and pn.an.cwl Sll W. Since 1~4-i, funds have been expended for vari­ of assistance [roui the United Nations an? its .specla!1:;ed ous conservation and development purpuses. In 1952, th aqcucics, and recommends that tl!e U1ll01l G?Venml~nt a. Soil Conservation Ordinance was passed providing 1 to explore .l'ays and means of securuiq sucl~ assistance for I for the drawing up of comprehensive soil conservation I the benefit of all sections of the populatwn. i pI: plans, the creation of soil conservation districts and the ~ l A compulsory application of soil conservation measures by G. .·lgricultural production and marketing individual farmers supplemented by the Administration. The costs of these measures are borne, at the discretion Kurakul t pcrsian lamb) 19 I In ()f the Administrator, either by the Administration, or 73. The year 1954- was considered to be satisfactory i the individual farmers, or they are shared by both. [ st: in so far as concerns the marketing of karakul pelts. ~ tht During 1955, the Administrator proclaimed defined During that year a total of 2,861,::\00 skins were S?lhd areas of land as soil conservation districts in the fol­ 1\1' in London at an average price of 36s.1d., compared w~t cl' lowing districts: Keetrnanshoop, Gobabis, Gibeon, I(,1 3,3+2,871 skins sold during 1953 at an average price ,~ wl Okahandja, \\'indhoek and Rehoboth, During the of 35s,(JtI. It is significant that.demand was str?ng financial year 1954-1955 a total of £32,250 was allo­ 11 Ba on the London market, whe-eas m New York prices ,~l du. cated for conservation measures under the Ordinance, ~ declined during the year, closing on an average of 31s. . liv and £2,375 was spent, roughly half of which (i.e. ~ 9d. in ovember 1954 (compared with a final average 1i UIH £1,190) represented expenditure for conservation works th~ LondOI~ D~cem.ber 'I;1 price of 37s.9d. on ma:ket it: of ~t in "Native" reserves. The substantial difference be­ .1 nu the same Year). No information IS available With re­ :j tween the amount allocated and the actual expenditure tit', gard to exports and prices during 1955. ~ tak is attributable partly to the failure of municipalities to ,~ avail themselves of subsidies set aside for them and 74. The unsatisfactory state of the market in the anc also partly to delays in beginning conservation works United States has been a matter of concern to the pO! C:om~it~ee r~­ due to labour shortages. industry and it will be recalled that the J tail Ierred in its preceding report 31 to the mstltutlOn. m anc ~'1 70. Re Iercnce was also made in the preceding re­ 1952 of an advertising campaign in that country whl:h ~4 / purt 0 f the Committee to the creation in 1952 0 f a ~ was followed by similar advertising campaigns m trm Farminz Interests Fund to provide long-term loans to ~y t~e .~ b • • Europe. These campaigns are financed 1:1ainly Tr. fanners for dams, boreholes, fencmg and conservation Karakul Industry Development Fund (mto wh;lch .Is A measures, and also to provide grants for agricultural ~ a le paid 25 per cent of the karakul expoz:.t duty) With, m ',[ research, reclamation projects, etc. The Fund is ad­ ~ fina 1954--1955, an additional grant of £;'0,000 from the stat ministered by a Farming Interests Board composed of Farminz Interests Fund. During 1954-1955 a total 'j'! representatives of the Administration and farming in­ i.88.3~qO Stat~s i ean of was spent on advertising in the United pari terests. The Fund was established by the transfer of of America. As of 31 March 1955, the total expendi­ ,!"' £305,000 standing to the credit of the Water and Veld I the ture on advertisinz outside the Territory amounted to I tio Conservation Account when the latter was abolished, £118866 of which £116,910 had been expended in the i I tion and has also received allocations from government funds Unit~d States of America and Canada. With the in­ in addition to a statutory payment of 75 per cent of the creasinz importance of these sales promotion campaigns, son the Meat Board levies (amounting to £25,102 for the the question was raised of obtaining a financia~ con­ -, period 1 September 1952 to 30 September 1953) and tribution from the karakul producers of the Umon of /, of the Meat Board Reserve Fund. These payments South Africa who also benefit from them. In 1955 the in tl from the Meat Board were discontinued in 1955. As Karakul Industry Adviso~y Board of ,South .W.est VISI( of 31 March 1955, the credits standing to the account Africa approached the Umon Produc~rs .Assoclat!. Statistics on production and sales of minerals at Luderitz. The law required the new producers to have become incomplete since january 1955, when the deliver their entire production to a central authority, Union Government discontinued tIle publication of the Diamond Board of South West Africa (represent­ separate trade statistics for South West Africa includ­ ing the Mandatory Power and the producers) ,32 which ing t~lOse rela~ing.to .export of mineral products. A vail­ was charged with selling, or arranging the sale of. able 111 lormation indicates, however, that the total value diamonds. The Central Selling Organization in London, of the Territory'S sales of base minerals in the first which handled the sales of South African diamond pro­ nine months of 1955 was £9,332,051, compared with ducers, allocated to the Territory a quota of 21 per £6,032,571 in the corresponding period of 1954 and cent (in value) of total annual sales. .£7,C)05,2~5 fur the whole year. The Committee has no 91. About the middle of 1920, a post-war world information on diamond production in 1955, but re­ depression set in. Thereafter diamond production in calls that the value of exports in 1954 was £12,068,070 South West Africa declined until the end of 1922, ! .' 'I when the diamond market steadily revived. At the end I and that, during the four preceding years, the increases I averaged approximately £2 million annually. In rezard of 1925, CDM was able to pay its first dividend of :1 t? ?ase minerals, increases were registered for lead, 120 per cent. However, since 1926, production de­ .: lithium, manganese, marble, salt, semi-precious stones clined sharply as a result of over-production, diminished :1 figure~ demand and falling prices, and came to a virtual stand­ sillimnnitey'kyanitl, tin and tungsten. The sales )1 show~d a declin~ in respect to beryllium, fluorspar and still between June 1932 and January 1935. Attempts ;1 tantnlitc/columhite. No complete data were available were made to control prices by restricting production, I for bismuth, cadmium, caesium, copper ore and con­ by re-incorporating the Central Selling Organization as centrates, germanium, graphite, iron, lime, phosphates, the Diamond Corporation, Limited 33 and by providing polIucite, vanadium and zinc. a more flexible tax formula consisting of a 10 per cent The diamond industry export duty on all diamonds exported from the Terri­ tory and a tax of 60 per cent on sales values minus 70 87. As stated above. statistical deficiencies render per cent of working costs. it impossible to evaluate completely developments of 92. From 1935 onwards, the northern part of the the dia~l1ond industry in the most recent year. The concession area became progressively less important as production figures reported in previous years suacest the riches of its sands were exhausted, and mining of the importance of this branch of the mininz indl~stry the marine terraces in the south was intensified. In and the Committee also secured a more detailed account 1940, after a recession in diamond trade. the Adminis­ than previously of the development and sirmificance of tration replaced the previous form of taxation by a diamond mining in the Territory. 0 flat rate of 15 per cent on current profits. (The 10 per 88. Commercial production of diamonds becan in cent export duty previously imposed was retained.) 1908 after the discovery of the detrital diamondiferous In return, the mining concession of CDM was extended deposits extending from Conception Bay to Bozenfels. phas~s. for fifty years from the beginning of 1941. In the The industry has since passed through two The same year, the Company increased its capital to a first, extending to 1920, was a period of rapid growth. total sum of £5,240,000.34 In 1952, when diamond The second, from 1920 to the present, is one of domin­ taxation was raised from 3s.6d. to 6s. in the £, the ance by the Consolidated Diamond Mines of South Administration again extended the Company's title for West Africa, Limited (CDl"l). a further twenty years to the year 2010. In 1953, the 89. During the first phase the youthful industry 'was Government collected £3,253,000 in diamond taxes (in­ ~ontrollecl. by several German producers, who engaged cluding export tax), and shareholders received divid­ 111 un~estncted production regardless 0 f world demand ends totalling £4,293.000. Other important develop­ for diamonds, From 1908 until the outbreak of the ments in the period from 1940 to 1953 included the First World 'War, output reached a total of 5,145,000 carats, valued at more than £8,500.000 and declared ll:l The present Board consists of three members appointed by the Administrator on 1 August 1955 for a period of five dividends ranged from 30 per cent'to 3,800 per cent. years. In the early stages of the war diamond production al­ n.' Under the present marketing" arrangements, the Diamond most ceased but, after the overthrow of the German Corporation has contracts with the principal foreign producers in Africa for the purchase of their production and these administration in the Territory, the Union Government diamonds are disposed of through the Diamond Producers' at the enel of 1915 allowed nine companies to resume Association. According' to a new agreement effective for the work; by the end of 1919, output rose to 462,180 carats period from 1 January 1955 to 31 December 1960, the Asso­ worth more than £2 million. ' ciation allocates a quota of 26 per cent for jewel diamonds to the> Territory. 90. The period from 1920 onwards is one of domi­ , 31 This total is divided into 4.500,000 7% per cent cumulative d natio~ by c;DM, which attained its position of import­ preference shares of 105. each. of which 4,480,000 shares have ance In the mdustry by the amalgamation of ten German been issued and fully paid. and 5,<)80,000 ordinary shares of 105. each. of which 5,500.000 shares have been issued and fully companies controlling between them 90 per cent of the pairl. i - 17 reappointment of the Anglo-American Corporation as 97. Until the final accounts of the Union and r-une be consulting engineers and geologists, the mechanization South West Africa for the financial year 1955-1956 and the rI' of mining fields, and the institution of improved trans­ become available, the Committee is not able to deter­ affairs at port, the transfer of the company's working head­ 1:1ine the amount of actual expenditure by the Union spent in quarters to Oranjemund, and the establishment of sub­ ior the administration of "Native" affairs in South 1954, anc stantial diamond reserves in the areas from the north West Africa or the amount of the Territory's actual the two I of Orange Mouth to Charnels. During the thirty-three contribution for this purpose. From the information Territory years ending 1953, CD.:\1 recovered 8,681,000 carats. and documentation available to it,&lI however, the amountin Committee notes that changes introduced in the Terri­ during ea 1. Material welfare 0/ the "Natives' tory's budget in 1954 reduce the amount which the £15,000 i Territory is annually required to pay. Unless the Terri­ the trans General tory contributes a sum larger than required by the 103. ] 1954 transfer Act, its payment to the Union may be less 93. The Committee draws the attention of the quired Ut than the amount previously spent by the Territory for Administ General Assembly to the observations and recommend­ "Native" affairs. ations contained in its two previous reports with re­ annually spect to the position of "Natives" in the Territory's 98. In any case, the Committee notes that the period, fo economy, the limitation of "Native" livestock, cattle amount to be spent by the Union for "Native" affairs in West Af improvement and dairying in "Native" reserves, azri­ South West Africa is not limited by the Territory's by the Un cultural conditions, and the development of water S~lP­ contribution, but is determined by Union Parliament and be us plies in "Native" areas. appropriations. 104. I 99. The Committee is therefore, concerned that the the Comn Expenditure for the administration of "Natire' affairs estimates of expenditure of the Union for 1955-1956 by the A attention 94. In the three years prior to the transfer to the show only "a nominal amount of £79,000 in respect of tive Affai Union Government of the administration of "Native" Native affairs in South 'West Africa", while at the ture, £50.( affairs, territorial expenditure for "Native" affairs same time indicating that £136,000 was recoverable had actua amounted to £115,130 in 1954-1955, to £116,790 in from South West Africa, From a detailed breakdown needed So 1953-1954, and to £88.688 in 1952-1953. This ex­ of the estimated expenditure, the Committee notes, it penditure does not cover expenditure for the health is possible to identify only £54,360 of the £79,000 as 105. 1 or education of "Natives", and it is important to bear relating to South West Africa. Of the £54,360, a sum mendation of £51,000 is allocated for salaries, wages and allow­ in mind that these matters, as well as other matters The Co over which the Legislative Assembly has been dele­ ances, £2,000 for the care and provision of water for Bushmen, £1,200 to repay the Territory's labour re­ in expend gated legislative authority, have not been transferred in South /i to the Union Government as part of "Native adminis­ cruiting organization for the transport of "Native" ~abourers, and £160 to repay the Windhoek Municipality preceding tration". Territorial expenditure for "Native" affairs. expresses or "Native" administration, has in the past covered 111 respect of the services of a "Non-European' social worker. deuelopme mainly the salaries and transport of administration a1/1.0U11t ft.1 officials and payments in connexion with labour re­ 100. In addition, the Committee notes that, from A dministr cruitment. the method of reporting Union Government accounts Territory: of actual expenditure during 1954-1955, there is no 95. The Committee notes that in 1954-1955 there that a deta indication of even the total amount actually spent by by the U11 was increased expenditure for measures which it con­ the Union for the administration of the Eastern Caprivi siders of direct benefit to "Natives". Expenditure for I South We Zipfel, although the Union estimates of expenditure had irrigation, demonstration plots and rice experiments in­ of the Uns shown a total estimate of £9,829 for that purpose dur­ able to tlu creased from £5,194 in 1953-1954 to £8,583 in 1954­ ing 1954-1955 and explained the allocation of £7,679 1955, for construction gangs and works in "Native" of that amount.s? areas from £5,338 in 1953-1954 to £6,106 in 1954-1955, Native irt 101. The Committee makes the following recom­ and for the relief and provision of water for Bushmen 106. T mendations : from £967 in 1953-1954 to £1,265 in 1954-1955. There and tribal was, on the other hand, continued expenditure for such The. Committee recommends that future expenditure Native 1'1' purposes as the removal of "Natives" from urban and for "Native" administration in South West Africa be West Afri rural areas, and for the encouragement of "Native" allocated exclusively for measures designed to promote As stated recruitment and the tracing of Ovambo deserters.i" the general welfare of the "Natiue" population of the moneys a 96. With the transfer of "Native" administration Territory, and expresses the hope that the Mtmdatorv elusively f to the Union Government on 1 April 1955, expenditure Power will make sufficient funds available for such. Africa la' for "Native" affairs in South \Vest Africa now falls purposes by supplementing the Territory's contribution moneys ar under the union budget. Beginning in 1955-1956, the towards the cost of "Native" administration. The Com­ the South .'~ Territory is required, under the South West Africa mittee further recommends that the Mandatory Power of Native prepare and make ouailable to the United Nations Native Affairs Administration Act, 1954, to contribute 107. C separate and detailed annual statements giving a full annually to the Union, in addition to a flat sum for trust and account of the allocation of its estimated and actual development purposes (see para. 103 below), an amount 1955, as c expenditure for "Natiue" affairs in South liVest Africa. equal to one-fortieth of the Territory's total ordinary penditure expenditure during the preceding year. This formula Expendit.ire for the development of "Natiue" areas 1955 and is based on the Territory's actual expenditure for and expen 102. Total expenditure from the Native Areas "Native" affairs over a ten-year period in proportion ably great Account of the Territorial Development and Reserve to its total ordinary expenditure during that period. funds as 0 an A/AC73/L.8/Add.1, question 44. 35 A/AC73/L.8/Add.1, question 44, para. 7. 87 AjAC73/L.8jAdd.1, question 44, paras. 23-24. .. Aj2913, 18 on and l'una between the time of its establishment in 1947 IV. SOCIAL CONDITIONS ;5-1956 and the transfer of the administration of "Native" A. HOt/sing for "Natives" and other "Non-Europeans" ) deter- affairs amounted to £227,645, of which £51,436 was H ousinq in urban areas Union spent in 1954-1955, as compared with £53,476 in 1953­ 108. In its report to the General Assembly at its South 1954, and slightly more than £40,000 during each of ; actual the two preceding years. The appropriation from the tenth session, the Committee drew attention to Press re­ rmation Territory Revenue Fund to the Native Areas Account, ports concerning the proposed construction of a new er, the amounting to £100,000 in 1953-1954 and to £30,000 "Native" location in Windhoek, which has been under : Terri­ during each of the two preceding years, was reduced to consideration 101' several years, and to the moderniza­ ich the £15,000 in 1954-1955, the year immediately preceding tion of the "Native" location in Karasburg. The Com­ ~ Terri­ the transfer of "Native" administration. mittee also .nformed the Assembly that, according to by the the local press, municipalities had been informed, in 103. Beginning in 1955-1956, the Territory is re­ connexion with the transfer of "Native" administration, , be less quired under the South West Africa Native Affairs ory for that all future location layouts must comply with the Administration Act, 1954, to contribute to the Union Union apartheid laws and that a buffer zone of 500 annually a flat sum, fixed at £50,000 for a ten-year yards must exist between the "Non-European" built-up iat the period, for the development of "Native" areas in South area and the "European" built-up ar~a.39 West Africa. The Act provides that this sum be pcid tail's in 109. Press reports in 1955 contained further in­ by the Union into the South African Native Trust Fund ritory's formation concerning "Native" locations. According. to and be used exclusively in South West Africa. liament these, it was finally decided by the Minister of Native 104. In its previous repcrt to the General Assembly, Affairs that the "Native" location at Usakos would :hat the the Committee expressed concern at the amount fixed have to be totally demolished and shifted elsewhere be­ 15-1956 by the Act as the Territory's contribution and drew cause it was too close to the "European" residential pect of attention to a statement by the Union Minister of Na­ area. In addition, the Administrator was reported ;)S at the tive Affairs to the effect that based on past expendi­ having informed the Legislative Assembly that negotia­ verable ture, £50.000 vas more than the amount needed or than tions with the Department of Native Affairs were still ikdown had actually been spent, but that if more money were proceeding on the question of removing the location .otes, it needed South West Africa could be approached again.3s at Hoachanas, which is situated among the "European" ,000 as 105. The Committee makes the following recom­ farmers of Rehoboth East." In this connexion, the , a sum mendation: Committee recalls that, in 1951, a motion requesting allow­ the Administrator to remove the inhabitants of Hoa­ ter for The Committee notes with satisfaction the increase chanas, a temporary "Native" reserve in the Rehoboth )ur re­ in expenditure for the deuelotment of "Natiue" areas District, to a proclaimed reserve and to allocate the 'l"ative" in South West Africa during the two 'years immediately farm Hoachanas for "European" settlement was de­ cipality preceding the transfer of "Naiiue" administration, and feated in the Legislative Assembly by 14 votes to 3.41 , social expresses the hope that [uture expenditure for the development of these areas will not be limited to the 110. With regard to the Windhoek location, the amount fixed by the South West Africa Native Affairs local Press reported a further delay in the plans for the :, from Administration Act, 1954, as the contribution by the new location due to difficulties in connexion with the zcounts width of the various buffer strips, and a site for the Territory for this purpose. The Committee recommends 42 ~ is no that a detailed saiement of the allocation of expenditure location was not selected until late November 1955. '1 lent by by the Union for the deulopment of "Natiue" areas in Chief Hosea Kutako, in a letter dated 11 May 1956, stated that this location had been removed twice before. =:aprivi I South T¥est Africa be included in the annual accounts Ire had of the Union Government, or be otherwise made auail­ The Government had now promised that it would build se dur­ able to the United Nations. better houses, he added, but had refused to build them £7,679 on the same site. Chief Kutako indicated that the people Native trust and tribal funds did not object to better houses, but were opposed to being removed for a third time. He claimed that "Non­ recorn- 106. The various South West Africa Native trust Europeans" living in so-called "Native" locations were and tribal funds became vested in the South African always removed from one place to another in order ,'" nditure Native Trust Fund under the provisions of the South to make room for "Europeans't.s" \ : rica be West Africa Native Affairs Administration Act, 1954. 111. Even in planning sites for hospitals, the Com­ :! remote As stated in the Committee's previous report, the mittee notes from the local press, provision is made for of the moneys accruing to these funds are to be used ex­ "sound buffers", the area required for a proposed "Non­ ! ulatorv clusively for the purposes prescribed by the South West European" hospital at Windhoek being reported as :1 r such Africa laws under which the moneys accrue. The sufficient to allow 800 metres between the hospital and I ibution moneys are to be paid into such separate accounts of the nearest "European" housing.v' i ? ·1 Coni­ the South African Native Trust Fund as the Minister 112. The Committee makes the following observa­ Power of Native Affairs may determine. tions and recommendations: "j'.~ [tiiions 107. Collections in the South West Africa Native ·.:1 a full While the Committee 'l,ieU's U'ith satisfaction the trust and tribal funds amounted to £76,054 in 1954­ construction of new and improved housing accommo- ;! actual 1955. as compared to £77,386 in 1953-1954, while ex­ Ajrica. penditure from the funds totalled £64,120 during- 1954­ so A/2913, annex H, para. 139. ~i <0 The Windhoek Aduertlscr, 16 August and 15 and 25 weas 1955 and £63,153 during 1953-1954. Both collections November 1955. and expenditure during these two years were consider­ t'!, .:Id.,,·;,tise,., 27 May 1<)55. I 21 n the removal of persons whose permits have been can­ The Committee recommends that the Undesirable L­ celled or who have committed an offence prescribed un­ Remooal Proclamation) 1920) be amended to exclud e der the Immigrants Regulation Act, 1913, as amended. "Notices" 'Itn del' the protection of the Mandates Systel g 142. The Mandatory Power has also taken new from those provisions of the law relating to expulsio cl action to control the movement of persons out of South from the Territory, to briny the list of offences unde it West Africa. Under the Departure from the Union the Proclamation into conformity with the basic princi r Regulation Act, 1955 (Act No. 3+ of 1955) no person pies of equity, and to make these cffences subject t e over the age of sixteen years shall leave the Union­ proceedings and judgment in a competent court rathe which the Act defines as including the Territory of than to the discretion of the Minister of Natiue Affair e South West Africa-for the purpose of proceeding to any place outside the Union other than the territories V. EDUCATION 01 Basutoland, Bechuanaland or Swaziland, unless he Educational policy and administration is, at the time when he leaves the Union, in possession of a valid passport or a permit. The Act defines the 146. No evidence came to the attention of the Com mittee of any maj or effort or plan to overcome th e meaning- of "passport" as any passport, tourist passport or other travel document issued by the Government of serious deficiencies in the educational system to whicl the Union or, to persons not South African citizens, by it has previously drawn attention. The situation re s mains characterized in particular by the complet t the Government of any country or territory or any in­ ternational organization. segregation of facilities on a racial basis, by very larg disparities in the funds expended on the education 0 143. In explaining this measure, the Minister of the the various racial groups, by the general inadequacy 0 Interior stated in the Union House of Assembly that facilities for teaching the children of the largest sec it was directed against the spread of communism in tion of the population, and by the particularly extrem South Africa. Its object was to control the departure paucity of such facilities outside the Police Zone. from the Union uia the United Kingdom of certain people suspected on ideological grounds whose departure 147. The Committee regrets that the informatior was not desirable from the point of view of the peace available to it does not allow it to modify fundamentally or safety of South Africa and could not be regarded the general and detailed description which it gave 01 as in the interests of South Africa. He mentioned in the educational system in its last report to the Genera Assemblv.s- It has no reason to believe that the obser­ particular those who, gaining entry to the United King­ ~nd dom on grounds of British nationality, went from there vations recommendations which it made at thai to countries in Eastern Europe. The Minister further time are any less relevant or urgent at present. Mosi stated that, although communism was the main reason of the changes which it has to report are of a statistica for introducing this Bill, it would apply to any possible nature, representing certain developments within a threat to the security of the State. Damage could be framework which remains largely unsatisfactory. Then done to the security of the State by the harm done to are a few indications of progress which are welcome its relations with foreign countries by people who went in themselves but whose value is diminished because overseas and gave a distorted picture of what was hap­ they represent no real change in policy. Thus, an effor1 pening in South Africa. has been made to raise the salary limits for "Non European" primary teachers in recognized mission "Na­ 144. In addition to these Union Acts governing the tive" schools, but this improvement is not comparabl entry into, removal from and departure from the Ter­ with the salary increases given in 1954 to "European' ritory, the Committee has noted that under a territorial teachers of "Native" primary pupils and can hardly law, the Undesirables Removal Proclamation, 1920, the be said to have reduced the disparity which had been Minister of Native Affairs may have an order issued widened even further by those increases. Again, th to any "Native" to leave the Territory if he is satisfied Committee learned from Press reports of a proposal that the continued presence of the "Native" within the also welcome in itself, to develop technical education Territory is dangerous to the peace, order or good for "Native" pupils, but noted that the stated objectives government of the Territory, if he is satisfied that the of this scheme appeared limited by the prevailing con­ "Native" has "directly or indirectly inflicted or threat­ ceptions of the subordinate role of the "Native" in the ened to inflict upon any person any harm, hurt or loss, development of the Territory. Further, in a countr whether to his person, property, reputation or feelings", where the "Native" majority depends largely and pre or if he is satisfied that the "Native" has directly or cariously on agriculture as its means of subsistence, the indirectly threatened to do or done anything to the first agricultural college has been opened: to the best disadvantage of any perscn, either to compel that per­ of the Committee's knowledge, it is for "European" son, or any other, to act contrary to his legal rights, or students only. A sign of progress which afforded the because that person, or any other, has acted in accord­ Committee satisfaction was a reported increase in the ance with his legal rights." number of "Native" school teachers in training. 145. The Committee questions whether the Manda­ 148. The educational facilities of the Territory re­ tory Power has the right to expel from the Territory a mam.orga11lze . da 1 ong racia . 11'mes-"N'"ative, "C0 1oure d" "Native" under the protection of the Mandates System. and "European"-and separate establishments exist It is surprised. furthermore, to learn that the Undesir­ for each group. The Committee has previously ex­ ables Removal Proclamation, 1920, purports even to plained that "European" children, most of whom are authorize such expulsion if a "Native" indirectly hurts at the primary level, receive education mainly in or threatens to hurt another person's "feelings". Government schools and that the great majority of The Committee accordingly makes the following recom­ "Natives" and "Coloured" schools are elementary mendation: schools run by religious missions with assistance from

01 A/AC.73/L.8/Add.I, question 13, para. 53. ea A/2913, annex H, paras. 179-197. 24 ends that the Undesirables we Administration. Among the few "Non-European" 154. During 1955, there was an increase in the CO, be amended to exclude government schools are one secondary school for salaries of teachers in "Native" schools, particularly ion of the Mandates System "Coloured" pupils and one teacher-training school for those of qualified "European" teachers in primary gov­ le law relating to expulsion "Natives". The Committee has been unable to secure ernment "Native" schools and in posts specially created y the list of offences under data in the same detail as previously as to the numbers in recognized primary mission schools for "Native" II"mity with the basic princi­ of schools.and of pupils attending them. pupils. 'e these cffences subject to in a competent court rather 149. The Department of Education of the Terri­ 155. The scales of annual salaries for teachers in Minister of Native Affairs. tory, which exercises control over the establishment, recognized primary mission schools for "Native" pupils, maintenance and operation of the school system as a other than teachers in special posts, were amended as i i whole, had 417 established posts in 1954·-1955, as com­ CATION from 1 January 1955 by the insertion of a provision pared with 387 in the previous year. The increase was stating that the Administrator should be competent, iinistratuni mainly in the number of principals and assistant teachers on the recommendation of the Director of Education, to the attention of the Com­ in Government schools, from 362 to 390. The number to augment the scales of salaries of "Non-European" of administrative and supervisory officers was increased teachers who had reached the maximum of the pre­ : or plan to overcome the onl~ ducational system to which by two, and in particular the number of inspectors scribed scales (i.e., :£230 in the case of male teachers ttention. The situation re­ was raised by only one to a total of four. The Commit­ and :£198 in the case of female teachers) and who had articular by the complete tee has previously expressed the opinion that educa­ discharged the duties of th-ir posts in a markedly a. racial basis, by very large tional standards in the "Native" schools outside the satisfactory manner, by one additional increment (i.e. oended on the education of Police Zone should be improved, particularly by in­ £15 in the case of male teachers and :£12 in the case of creasing official supervision staff. y the general inadequacy of female teachers) in respect of each of the next suc­ .hildren of the largest sec­ 150. For "European" children alone, education ceeding three years. by the particularly extreme is compulsory. Until 1936. they have been required to 156. The scales of annual salaries for qualified itside the Police Zone. attend between the ages of seven and fifteen inclusive "European" teachers in primary government "Native" grets that the information and up to the end of standard VI; as from 1956 the schools and in posts specially created in recognized pri­ . it to modify fundamentally minimum education requirement has been raised to mary mission schools for "Native" pupils were also .scription which it gave of standard VIII. There is still no provision for the com­ revised with effect from 1 April 1954. These scales are pulsory attendance of "Native" and "Coloured" child­ given hereunder (old scale in parentheses) : s last report to the General ren. .n to believe that the obser­ (a) Those in the lowest grade (approved one year's ins which it made at that . 151. The Committee has previously drawn atten­ course after the attainment of the matriculation stand­ or urgent at present. Most tion to the fact that public expenditure on "Coloured" ard): J\1en: minimum :£435 (:£325), rising by :£25 to report are of a statistical and "Native" education accounted for a relatively small (:£25) a year to a maximum of :£860 (:£750). Women: n developments within a part of the total education budget for the period 1947 minimum :£390 (:£280), rising by :£20 (:£20) a year to irgely unsatisfactory. There t? 195~. In the following year the total budget con­ a maximum of :£710 (:£600). .ogress which are welcome tinued Its upward trend (from :£896,972 in 1953-1954 (b) Those in the highest grade (approved six years' alue is diminished because to :£971,661 in 1954-1955). But while the amount spent course after the attainment of the matriculation stand­ ;e in policy. Thus, an effort on "Non-European" education showed an increase, its ard): Men: minimum :£685 (:£575), rising by :£25 e salary limits for "Non­ ratio to the total showed little improvement. The ex­ (:£25) a year to a maximum of :£1,060 (:£950). Women: in recognized mission "Na­ penditure on "Non-European" education in 1953-1954 minimum :£590 (:£480), rising by .£20 (:£20) a year to a overnent is not comparable was :£159,862 (or 17.8 per cent of the total educational maximum of :£870 (:£760). "en in 1954 to "European" expenditure) and in 1954-1955, :£178,354 (or 18.3 157. A development in the field of "Coloured" edu­ 1ry pupils and can hardly per cent 0 f the total). ~ disparity which had been cation during 1955 was that the salaries of most hose increases. Again, the Teachers teachers, "European" as well as "Non-European", in ress reports of a proposal, primary government and recognized mission schools 152. The Committee is obliged to rely on Press re­ for "Coloured" pupils, in secondary government levelop technical education ports for the information, which it welcomes, that the ed that the stated objectives "Coloured" schools and in recognized secondary mission government teacher-training school for "Native" schools for "Coloured" teachers, were increased. .ited by the prevailing con­ teachers at Okahandja has continued to expand in the role of the "Native" in the past few years. In 1955, the school was reported to have 158. The scales of annual salaries for teachers in rry. Further, in a country 118 students, compared with 27 in 1947. The syllabus primary recognized mission schools for "Coloured" y depends largely and pre­ had been improved and the staff doubled (including pupils, other than teachers in special posts, were s means of subsistence, the seven "European" and two "Non-European" teachers), amended as from 1 October 1953. Salary scales for i been opened: to the best and the standard for admission had been raised. Altera­ qualified "European" teachers in primary government dge, it is for "European" tions and improvements had also been made to the "Coloured" schools and in posts specially created in 'ogress which afforded the buildings and grounds.s- recognized primary mission schools for "Coloured" a reported increase in the pupils were amended with effect from 1 April 1954. :eachers in training. 153. As the students seeking admittance were still In addition, salary scales for "Non-European" teachers not all of the same educational standard, a standard .ilities of the Territory re­ in secondary government "Coloured" schools and recog­ VI class was organized in 1952, with the Education nized secondary mission schools for "Coloured" teach­ nes-"Native," "Coloured" Department setting examination questions in all sub­ irate establishments exist ers were alse revised as of 1 October 1953. The follow­ jects, English, which had been introduced a short while ing are the new salary scales for "European" and "Non­ mittee has previously ex­ before this, now became an examination subject. The ildren, most of whom are European" teachers in the schools for "Coloured" students had to pass this standard VI examination be­ pupils (old scale in parentheses) : eive education mainly in fore they could be admitted to the training school, iat the great majority of which now provided a two-year course for teachers. In (a) "European" (qualification not defined) in pri­ schools are elementarv 1955 there was a standard V and VI class consisting mary recognized mission schools: Men: (unchanged), sions with assistance frOl{l of sixty pupils in preparation for further study. minimum :£240, rising by £25 a year to a maximum of £490. \Nomen: (unchanged), minimum £180, rising by )-197. ea The Windhoek Advertiser, 9 September 1955. :£20 a year to a maximum of :£380. I 25 in the (b) Salary scales as detailed in paragraph 156 aspect of farming in South West Africa. At firs .ticularly ~bo,,~ were applicable to qualified "European" teachers would be accommodation for twenty students b ary go v­ In p~l1nary government "Coloured" schools and in posts would be increased to more than thirty in 19~ y created specially created in primary recognized mission schools further expansion of the entire scheme was p 'Native" for "Coloured" pupils. for. Inclusive fees would be £60 per annum. I' • ,1 '$ 1 .,.' .(c) "Non-European" in the lowest grade (lower 1 Higher education ichers in I·, '~~ primary certificate for "Coloured" teachers or third ~l> pupils, class teacher's certificate; third class teacher's certi­ 161. At present there are no facilities with ended as ficate Uunior); or third class teacher's certificate Territory for higher education, apart from thos rrovision ( Senior) ; o~ appro:ve~ equivalent qualifications) in pri­ tioned above. The Committee has reported pre\ nnpetent, mary recognized 1111SSlOn schools: Men: minimum £200 that a number 0 f South \Vest African stucients h ducation, (.£200), rising by £20 (£20) a year to a maximum of ceived such education in the Union of South aropean" £440 (.£400). \Vomen: minimum .£180 (£150), risinz by communicat'ons received during the period und the pre­ .£16 (.£16) a year to a maximum of £324 (£320).° view suggest that some of them are "Non-Eurip teachers .Cd) "No!1-European" in the highest grade (higher studying at the Fort Hare University College for who had pnmary certificate for "Coloured" teachers plus a uni­ Europeans." narkedly I'; versity degr~e; or a university degree plus the succes. ­ 162. During the year 1951-1952, the Ex lent (i.e. ful completion of one-year post graduate training Committee decided to render financial assistance e case of course; or approved equivalent qualifications) in pri­ dents in needy circumstances who proceeded text sue- mary recognized mission schools: Men: minimum £280 Union to obtain vocational training. The total an (£280), rising by £20 (£20) a year to a maximum of disbursed annually between 1951-1952 and 1954 qualified £560 (£520) . Women: minimum £244 (£224), rising by with the number of recipients in parentheses w "Native" £16 (.£16) a year to a maximum of £420 (.£416). follows: £403 (18); £841.4s. (30); £1,207 (36 iized pri­ (~) "Non-Europe~n" in the lowest grade (rnatric­ £1,003.8s. (36). Information published in the ' zere also ulatlOr: plus one year s approved advanced study) in tory 66 indicates that the Administration has re also instituted a number of free and loan bur .cales are secondary government "Coloured" schools and recoz­ nized secondary mission schools for "Coloured" teach­ for the training of teachers, agriculturists, geol and civil engineers at South African universitie: ne year's ers: Men: minimum £240 (£240) , rising bv £20 (£20) a year to a maximum of .£460 (£440). \Vomen: that the closing date for the receipt of application 111 stand­ minim~lm £228 (.£190), rising by £16 (.£16) a year to given as 15 November 1955. The Committee h by £25 information as to the assistance granted to "Non­ Women: a maximum of £388 (£360). In addition, full-time male teachers receive a pensionable allowance of £60 per pean" students through these schemes. 3. year to annum. Observations and recommendations six years' (f) "Non-European" in the highest grade (matric­ ulation plus six years' approved advanced study) in 163. The Committee continues to believe th: 111 stand­ secondary government "Coloured" schools and recog­ educational situation in the Territory is still far by £25 satisfactory, especially when viewed in relation 1 nize.' secondary mission schools for "Coloured" teach­ Women: objective of progressively preparing the "Native" ers ~ Men; minimum £340 (£340), rising by £20 (£20) year to a ':·, ! lation for increasing responsibilities in the Gc a year to a maximum of £660 (£640). Women: mini­ -'1 ment, to their development in the fields of the mun;. £340 (£280), rising by £16 (.fl6) a year to a crafts and professions, and to the advancement .ed" edu­ I rnaximum of £548 (£488). In addition, full-time male Territory as a whole. It deeply regrets that i of most iSi' teachers receive a pensionable allowance of £60 per :~ only conclude that, in a manner paralleling the rean", in \~; annum. I schools tion in all other fie1c1s of development in the Ten vernrnent Technical education a position of privilege and of superior opportuni advancement has been and is still being provide jT mission 159. The Committee ascertained from a Press re­ ~d. the children of the "European" minority throug port 64 that the South 'West Africa Executive Commit­ failure to expand and improve at a reasonable rai tee had agreed in principle that the "Native" traininz achers in educational facilities available to the children 0 :oloured" school at Okahandja should be given an opportunity majority of the population. The Committee is con its, were to develop technical education. In an interview the princip~l alth~ugh that education is one of the essential means th cales for of the school stated, inter alia, that which the presently inferior political, economic a vernment no details of the new scheme were available at that time, cial development of the "Non-Europeans" mu reated in the objective would be to train students to be builders overcome. It accordingly makes the following r and carpenters who could improve conditions in "Na­ .oloured" mendations : iril 1954. tive" reserves or in towns where many new locations , teachers were being built and that if the scheme proved success­ The Committee deplores the continued esisten nd recog­ ful, attempts might be made in the future to train racial discrimination as a characteristic of the e d" teach­ waiters, barbers and tailors. tional system of the Territory, as refiected in the p le follow­ excessive disparities in facilities. expenditures 160. The Committee similarly learned from the teaching conditions as between the uarious popu ad "Non­ Press 65 of the opening in February 1956 of the govern­ :obured" groups. It recommends that the Union Govern ment-financed Neudam Agricultural College, the onlv in order to fulfil its obligation under the Mandate, institution of its kind. It was stated that the College all necessary steps to eliminate racial discrimin I) in pri­ would offer to "European" students, not less than from the educational system. :hanged), seventeen years of age and possessing a minimum quali­ timurn of fication of standard VIII, a two-year course on every The Committee recommends in particular iha rising by ----- Union Government establish a program111,e for the M The Windhork Aduertiser, 18 October 1955. 05 Ibid., 7 June 1955 and 31 January 1956. eo nu; 18 October 1955. 26 3,.23. J ~ou::s: ~frica, ~t first iliereT' , 'ft' ; f· 'jct"",' b ... fb tion for twenty students but this gress,LV,e ltnt cation 0 t le syste'/~~ WIt ~ .t le 0 ]ectz7!e 0 are capable of being placed in a different light by the D more than thirt· in 1957 a d prO'l:ld~ng ~qltal ~ccess by al~ .c~1!ldren In the. Territory, Union Government as the Mandatory Power, that schem~ ~ll Government has always had in its own hands the means the entire was lannnd ac:cordmg OD me,,:lt, to faCll"u" fa: education. It .con- uld be £60 per annum. p e siders that an ~mll~ed~te prereql~zslte of the Cf'clnC"ue­ of doing so, and its use of those means would have meni of that objective IS a determined effort to Improve been and would in the future be welcomed by the Com­ and expend the means for the education of "Native" mittee. children in particular. While it appreciates the con­ 166. For the third year in succession, the Commit­ nere are no facilities within the tinuing increase in funds allocated for this purpose and education, apart from those men­ tee has been unable to escape the conclusion that condi­ a reported improvement in the number of "Native" tions in the Territory after nearly four decades of .mrnittee has reponed previously teachers under trainin9.. it considers the rate of this h \Vest African students have re- administration under the Mandates System are for the expansion far too lots: to be capable of meeting in a most part-and particularly for the "Native" majority in the Union of South Africa; reasonable period the needs of the population. It draws led during the period under re­ -still far from meeting in a reasonable way the stand­ attention to the especially urgent need to improve facili­ ards of either endeavour or achievement implicit in the e of them are "Non-Euripeans", ties outside the Police Zone through vigorous govern­ are University College for "Non- purposes of the Mandates System and in the attitudes ment action in the planning and construction of new prevailing generally today in respect of peoples not yet schools and in the inspection of the teaching methods able to stand by themselves. The "Native" of South year 1951-1952, the Executive and standards of those already in existence. \Vest Africa still has no part whatsoever in the man­ render financial assistance to stu­ The Committee recommends further that the Union agement of the Territory's affairs; he lives and works ill mstances who proceeded to the Goeernment provide [acilitics for training in vocations, an inferior and subordi: ,,'te status in relation to a priv­ iona1 training. The total amounts skills and professions suited to the deuelopinq economy ileged "European" mir o,·;ty and his opportunities for lween 1951-1952 and 1954-1955, of the Terr-itory. While 'welcoming the steps reported advancement in his OWl. r.;ht are limited not only by ecipients in parentheses were as to haue been taken recently in this direction, it recom­ the inadequacy of technical facilities but also by a £841.4s. (30); £1,207 (36) and mends that they be extended not only to ens/we the restrictive system of law and practice. The Committee rmation published in the Terri­ training of progressively increasing numbers of skilled deplores the existing conditions of the "Native" and the Administration has recently bursari~s labourers and technicians but also to prouule oppor­ other "Non-European" inhabitants and the slow rate bel' of free and loan tunities for persons of all races to prepare themselves of their improvement. It is even more seriously dis­ ~achers, agriculturists, geologists for responsible public office and economic enterprise. turbed by the absence of any sign of the radical changes South African universities, and The Committee considers that an important place should which must be made in these policies if they are to )1' the receipt of applications was be gi'uen to agricultural training, and in par!;cular to conform with the principles which led to the establish­ r 1955. The Committee has no that of "Native" student fanners, and would regard ment of the Mandates System. It finds no ground for .ssistance granted to "Non-Euro­ it as inconsistent with the letter and spirit of the M an­ altering its belief that the main efforts being made in h these schemes. date if these facilities were, as has been reported, limited the administration of the Territory are directed almost mmendations to "European" students. exclusively in favour of the "European" inhabitants, often at the expense of the "Native" population. ee continues to believe that the VI. CONCLUDING REMARKS n the Territory is still far from 167. To this grave concern over conditions as they when viewed in relation to the 164. The Committee wishes again to state that it exist in the Mandated Territory, the Committee has ely preparing the "Native" popu­ has endeavoured to present to the General Assembly as felt obliged to add its profound misgivings as to the responsibilities in the Govern­ complete and objective a summary as possible of con­ future course of the administration of the Terntory. iment in the fields of the arts, ditions in the Mandated Territory. It would naturally These misgivings arise from actions and statements , and to the advancement of the have preferred to have carried out its task with the co­ of the Union Government itself: in particular, the , It deeply regrets that it can operation and assistance which, in the opinion of the transfer to its direct control of "Native" administration a manner paralleling the situa­ highest tribunal of the international community, are in the Territory, and its stated aim that a policy of of development in the Territory, owed to the Assembly by the Union Government as the racial segregation be applied in the Territory; and the and of superior opportunity for Mandatory Power. Co-operation and assistance have steps taken towards integration of the Territory with and is still being provided for once more been refused: the Committee has had the the Union on the political level as well, by means of ~uropean" minority through the benefit of neither the systematic submission of infor­ parliamentary representation, considered in the light improve at a reasonable rate the mation by the Mandatory Power nor the participation of all the circumstances which at present surround it. ivailable to the children of the of a representative of that Government in its work. 168. In view of the foregoing account of condi­ ion. The Committee is convinced In denying such co-operation and assistance the Union tions in the Territory, all of these elements constitute, of the essential means through Government continues to show disregard not only of in the Committee's opinion, a situation which is neither 'erior political, economic and so­ the various resolutions previously adopted by the As­ in conformity with the principles of the Mandates :he "Non-Europeans" must be sembly, but also of the advisory opinions of the In­ System nor with the Universal Declaration of Human ~ly makes the following recorn- ternational Court of Justice, a fact which the Com­ Rights, nor with the advisory opinions of the Inter­ mittee. and no doubt the Assembly, cannot fail to note national Court of Tustice, nor with the resolutions of 'ores the continued existence of with deep regret and concern. the General Assembly. Accordingly the Committee con­ , a characteristic of the educa­ 165. In these circumstances, the Committee has siders that the situation of South 'West Africa requires -ritory, as reflected in the present felt it necessary to exercise a particular measure of close re-examination at the present time by the As­ in facilities. expenditures and care in examining the information available to it and in sembly, particularly in respect of the failure of the between the uarious population assessing the principal developments and problems ap­ Union Government to co-operate in the implementation s that the Union Gouernmeni, parent in the administration of the Territory. The Com­ of the advisory opinion of the Court of 11 July 1950, igation under the Mandate, take mittee wishes to emphasize that if any of the develop­ as endorsed by the Assembly in resolution 449 A (V) eliminate racial 11iscrimination ments and problems on which it has given its opinion of 13 December 1950. »stem, vmmends in particular that the lblish a programme for the pro-

27 -·----~"'---~·---~-·------""'Il"'II!!!!'l!I1T·r·-~.. , _.cl F '·~·--· , ,•..' , , Union of South :\frie ~ ANNEX III r-.··\ attcntion, namely, tha Ii' Communientlon tinted 19 Septemhe, 1955 from Mr. Peter McI,nren, 1\ a new instrument wit ! JohlUlnetllmr~, to the ~:~('retnry.Gencrnl The Anti-Skivery Soci propus.al l,lOW holds th This i~' a letter from a "nuhodv" to ask yOU to tell the Committee dealing tion o l this problem m with the affair "South \\'t'~t .\fril:a" what thl'\' should and must do for the the use of Iorce ; and g"l'lH'ral good. It is this-i-but first t:.iH' a look at a map of Southern Africa­ pal .\ llied 1'ewers (no turn over all of the area of ~\\':\ south of latitude 22 degrees south to aml the L'nitl'll State the ~:\ L'nion tr. ill' just another Province of that ~~\ L'nion-c-then turn Iluuncl'd membership) over all of the S\\'.\ north of latitude 22 degrees to the Central African the L'nion of South ;\ Federation, or mandate it to llritain. I know that this has been suggestl·d Ill'\\' instrument on the he lure hut apparently it dill get any support which shows how little real K The Society SI knowledgeable interest is taken in the problem generally not to mention how cussiun should be par little is gl'lwrally understood about the political situation in this country. the Union 0 f South , Please note however that I am not a politician or party man. Principal Allied Pow (Si[lllcd) Peter i\1cLARE~ latter should the-i ma given up to them a :'01 ations. 9. The T'nion of to o·i\'(: up part of the ANNEX IV b • never shown much 111t Communicntion dated 28 May 1956 from the Anti-Slavery Society, London, to the Sccretary-Cenernl alwavs rlesrrilied it as stationed a mere hand 1. Un 12 .:\ovember 1~)51. and again on 31 August cipal Allied Powers in 1920 granted a Mandate to ad­ administer it. They mi lllS4, the Anti-Slavery and Aborigines' Protection So­ minister it "to His Britannic Majesty to be exercised so hv receiving the so ut ciety addressed a petition to the Ad Hoc Committee on his behalf by the Government of the Union of South andso removing a eau on South \\'est Africa of the United Nations and re­ :\ '"rica" and the Union of South Africa still holds that the United 1\ations at cieved a reply ~TRI 132/1/04) dated 10 September territory by virtue of that instrument. The northern part ir, 1954 to the latter in forming them that the matters 5, The consensus of opinion 0 f international lawyers European populatio: , raised in the Society's petition were outside the Corn­ is that sovereignty over a Mandated territory does not and the African popul mittcc's terms of reference and that it had been drawn reside in the Mandatory alone. Opinions differ as to population of the who to the attention of the General Assembly."? I am whether it is shared between the Mandatory add the the bulk of the Europ­ directed hv the Committee 0 f the Societv to address League of Nr.tions or the Principal Allied Powers, but side in the southern I another petition on this subject to you" and to ask it is clear that the Union of South Africa cannot by respect fully that you may draw it to the attention of its unilateral action vest full sovereignty in itself and the appropriate body of the Cnited Nations. acquire the residue of sovereign rights which hitherto 2. The Society reiterates all that it said in the two it has not enjoyed. previous petitions and puts forward again its sug­ 6. That view of the legal position was accepted gestion that a solution of the problem of South West by the late General Jan Smuts. Speaking as Prime Min­ A f rica might be found by partition 0 f the territory ister of the Union of South Africa in the legislature of between the Principal Allied Powers (United Kingdom, the Union on the 15th March 1946 he said, "the five (a) Letter dated 7 No France and the United States of America) which Allied Powers distributed the German colonies under Michael Scoff, tli granted tile Xlnndate to the Union of South Africa, Mandate to other countries and one of them was dis­ New Yorle, to the and the Lnion of South Africa. tributed to the Union of South Africa and we hold South West Afri 3, The need for a solution of this problem has been South \Vest Africa today under that Mandate from the Since Chief Hosea . rendered all the more urgent by a statement which 1Ir. Principal Allied Powers and not from the League of bel' 1955, (annex VII Strvdorn. the Prime Xlinister of the Union of South Nations, under the trust that we shall be accountable am still their represet Africa, is reported to have made in Cape Town on to the League of Nations for carrying out of the trust. to speak on our beha 21 ::\la)' 195G. It was reported in the London Times ... But under the new system we have reserved our South \Vest Africa", of 2:::; Mav and was that Xlr. Strvdorn said that it was right to plead before the United Nations for full in­ suggestion with regard corporation and annexation. If this plea succeeds we fully witi1in his Government's power to incorporate I ( as appears to be shall be absolved from the, duty of reporting to the the mandated territory of South \ Vest A frica. The oral hearings would n United Nations as we have been doing to the League. Territory is already (or all practical purposes incor­ of the General Assem If we do not succeed, I will fall back on the status porated de facto in the Union of South Africa, but of South West Afric quo, .. I am prepared, if I can carry the incorporation it appears that the Government of the Union of South ance with the procedu of South West Africa, to tell the United Nations that Africa contemplates effecting de jure incorporation, tem" I think it would I will give the information as we gave it to the League 4. South West Africa was a former German about the progress of the Territory." The Union of habitants of South such as that outlined '1 colony. On the defeat of Germany in the First 'World South Africa proposed to the United Nations that the pertaining to the Man War it was ceded by Germany to the Principal Allied Union should be allowed to incorporate South West Powers by the Treaty of Versailles, 1919. The Prin- Africa but that proposal was rejected, This would seem t advisory opinion of th: er The first mentioned communication, cated 12 November 7. It is now close on ten years since the Triited Na­ 195j, is reproduced in document A/1901/Add.2, appendix Ill. tions first occupied itself with the problem of South at the same time give: The communication dated 31 August 1954 from members of West Africa and nothing has resulted from the nego­ 1. To petitioners w the Anti-Slavery Society and the reply dated 16 September to write the opportun 1954 from the Chairman of the Committee on South West tiations between the United Nations and the Union of Africa are reproduced in document A/2666/Add.l, annex IV. South Africa. One proposal was put forward by the wishes and views; and 28 r Union of South Africa which did not receive much they and they alone of the total population who desire attention, namely, that the Union should negotiate ill -orporation in the Union). n new instrument with the Principal Allied Powers. 10. It is admitted that surrender of half or there­ The Auti-Slaverv Society submits that action on that ~nly abouts of the Territory and about one-third of the proposal now hu"lds the ray of hope that a solu­ African population to the Union of South Africa in tion 0 f this problem might be found by any means but absolute sovereignty is not an ideal solution of the the use of force; and further submits that the Princi­ problem, but at any rate it would ensure removing the pal.vllied Powers (now the United Kingdom, France rest of the Territory and of the African population and the L'nitcd Statcs-s-Italy and Japan having re­ from the control of the Union and provide an oppor­ nounced membership) should be asked to approach tunity of placing them under the administration of a the l'nion of South Africa and suggest negotiating a government which would administer them in accord­ \It'W instrument on the status of South \\'est Africa. ance with the Charter of the United Nations. The 1\. The Societv submits that the basis of dis­ divergence 0 f policy between the United Nations and cussiun should be' partition of the Territory between the Union of South Africa on Native administration the Union of South Africa on the one side and the is so deep that there is no hope that the Union would Principal Allied Powers on the other and that the administer the country in accordance with the wishes latter should the'! make the portion 0 f the territory of the United Nations. The Union of South Africa given up to them a Trust Territory of the United is committed to a policy of dominance of Africans by ~ations. Europeans and under that policy there is no hope of 9. The Union of South Africa might be willing advancing the indigenous population to self-govern­ to give up part of the Territory. particularly as it has ment which is the basis of the Trusteeship System. never shown much interest in the northern part, has 11. It it not within the limits of possibility that always described it as the "Cnpoliced Zone" and has the United Nations would take South West Africa from stationed a mere hand Iul 0 f officials in it, too few to the "Union of South Africa bv force and, strengthened administer it. They might feel compensated for doing by that belief, the Union refuses to place the Terri­ so by receiving the southern part in absolute sovereignty tory under United Nations Trusteeship, as all other and so removing a cause of strained relations between Mandatories have done. But action on the maxim that the United Nations and the Union of South Africa. "half 1. loaf is better than none" might result in both The northern part ir, moreover, an area in which the parties to the dispute winning part of their case and European populatior -s very small (a few hundred) releasing two-thirds of the African population of South and the African population is about two-thirds of the \Vest Africa from the rule of the Union of South population of the whole territory. On the other hand Africa. the bulk of the European population. some 60.000, re­ (Signed) C. W. W. GREENIDGE side in the southern part of the Teritory (and it is Director, Anti-Slavery Soeiety

ANNEX V Communications from the Reverend Michael Scotl

(a) Letter dated 7 N ouember 1955 from the Reverend 2. To the Chairman and/or members of the Com­ Micliael Scoff, the General Theological Seminary, mittee the opportunity of verifying statements that are New York, to the Chairman of the Committee on made by means of personal confrontation and oral South West Africa. examination. Since Chief Hosea Kutako, in his letter of 4 Octo­ In the event of some such course being permissible I ber 1955, (annex VII (a)) has informed you that I should be very grateful for an opportunity of seeing you am still their representative and "should be allowed on behalf of those who asked me to represent them at to speak on our behalf or to give information about your convenience. South West Africa", may I be permitted to make a I still trust, however, that it will yet prove possible suggestion with regard to the question of oral hearings? for Chief Hosea Kutako and others to have direct I ( as appears to be the case, the granting of formal access to you and members of your Committee so that oral hearings would not be compatible with, the policy they can express their own deep appreciation of the of the General Assembly in dealing with the question work of the United Nations. of South West Africa "as far as possible in accord­ (Signed) Michae1 SCOTT ance with the procedure of the former Mandates sys­ tem" I think it would be of great advantage to the in­ (b) Letter dated 1 June 1956 from the Reverend habitants of South West Africa if some procedure }-'rhael Seott, the hfrica Bureau, London, to the such as that outlined on page 2 of A/2913/Add. 2, as Cnairman. of the Committee on South West Africa. pertaining to the Mandates system could be fol1owe~ I am enclosing herewith a copy of a letter to the This would seem to be not incompatible with tle South African Government requesting permission to advisory opinion of the International Court and w-:;:;, cl visit South 'West Africa to give them a first-hand ac­ at the same time give: count of what has transpired at the United Nations on 1. To petitioners who themselves may not be able the question of South West Africa, and the reply I to write the opportunity of directly expressing their have received from the South African Government wishes and views; and refusing to grant this permission. Also enclosed are photostat copies of a letter from Chief Hosea Kutako to 2. Copy of a letter dated 6 April 1956 from 11r.' Administra­ tu) tii) Lcuei the Chairman of the Committee on South West Africa tioc Secretary, Office of tire High Commissioner for lire Bcukc and a covering note addressed to myself. I should be Union of South Africa, to tire Rev. Michael Scott I again refer grateful if this could be called to the attention of mem­ Further to my letter of 24 January 1956, I have now to 27 November l' bers of the Committee on South West Africa. inform you, at the request of the authorities in the Union to whom the enquiry in your letter of 18 January was referred, Sir, although I very much hope it will be possible for me to comply that the Union Government is not prepared to grant you per­ anacned memo! with what the old Chief describes as his "greatest wish mission to visit South West Africa. learn under wlu that we should meet before I die". I should also be ADMINISTRATIVE SECRETARY ui Rehoboth ar grateful if you would let me know whether it would 3. Photostat copy of a letter dated 11 May 1956 from Chief !{esurt tu the be possible for me to make an oral statement to the us as the mem Committee, if such a course would be in accordance Hosea Kutako 10 lire Chairman of lire Ad Hoc Committee 011 SOl/lh West Africa know whether l with the advisory opinion which has been sought from (Note: For the text of this letter see annex VII (b)). situation to the the International Court of Justice, and if so when this what legal basis would be possible. There is one matter I am particularly 4. Photostat copy of a letter doled 11 M a)' 1956 from Chie] humble wish to anxious to clear up, if possible before the Chief dies, Hosea Kutako to the Rev. Michael Scott administereu u and I feel this could best be done orally if this is per­ Thank you very much for the documents you sent me. I have or not. The way missible. sent a letter to the United Nations today in which I have lation by the .t\ (Signed) Michael SCOTT announced that you are still our representative, a copy of which is enclosed for your information. contrary to our ing the visist he Enclosures \Ve arc all very grateful to you for the invaluable service you rendered us. ministrator 0 f . CoP~" validity of our 1. of a letter dated 18 January 1956 from the Rev. Although am old and sick it is my greatest Wish that we Mlchael Scott to the High Commissioner for the Union of should meet before I die. andum of 4 July South Africa, London I always ask our Lord in my weak prayer to give you the Sir, we cam I am very much hoping that it may be possible for me to necessary health and courage. cannot make pe; visit South West Africa in order to give an explanation of what has taken place at the United Nations to those who Berthold Himumuine is still ill although his condition is not nation establish asked me to go there. serious. 1870. through I should be very grateful if you would let me know if I I have been in Windhoek for two weeks and am now re­ Volksraad. We can have the permission of the appropriate authority to visit turning to Aminuis Reserve. democracy in 1 South West Africa in a month or two. Please give my cordial greetings to Miss Mary Benson, stage not at a I Michael SCOTI (Signed) Hosea KUTAKO have to gain kr ignorance bring along with the Sir, is there ANNEX VI small nation. 0 Administration Petition and communications from Mr. Jacobus Beukes, Burger Secretary, Rehoboth Community 68 what protectio rights. As we (a) (i) Letter dated 5 November 1955 from Mr. is that we shall be rescued by the United Nations. We unhappy about Iacobus Beukes to the Secretary-General have already suffered thirty-five years under this situ­ ation. Sir, this is Hereby accept the following sent with deep humility which our peoj in connexion with the communication of 4 July 1955 69 We understand that there is no longer a mandate will be known. which was addressed to the United Nations and which over South West, When the Union Government came shows under wl was returned to me, as mentioned. Returned for better here, it found us a small independent nation, and we I humblv await address. G.P.O.N.]. Reg. Div. 70 It is humbly requested stood together independently on the side of the Allied arrived.' th~t ~he letter be placed before the United Nations Corn­ nations; thus the Union Government found us with mISSIOn. our Captain and Volksraad. vVe are now placed under an Advisory Council which serves as an entrenched As will be understood from my letter, the status council which means nothing of value to the interest Attachment to under which we, the population of Rehoboth, live in of our people. Sir, it is most regrettable that we should Humbly reques our own land is uncertain. Our urgent prayer and hope lose our country in such a way. \Ve can never recog­ ministrator for nize the jurisdiction applied to our country and people as Note by the Secretariat: The original Afrikaans texts of "Rules" these letters were in many instances unclear and the Afrikaans and forced upon us against our will. The regulation. poor, making translation difficult. lay down that an. .. Note by the Secretariat: The communication of 4 July For these reasons, we have already in our previous must be arrange 1955, the translation of which is set out below, appears to petitions asked repeatedly for an impartial commission on the understan relate to a situation reported in the Windhoek Advertiser on to reassure us with right and justice. Vie wait urgently must be made k 28 June 1955. It was reported on that date that there were for an inquiry into our country and national affairs. by the Irnmigra­ serious repercussions at Rehoboth following the subrnissioi. arrangements l v of a petition to the United Nations by one section of the Sir, we have confidence that the United Nations will Rehoboth Community which expressed satisfaction with the not leave us in the lurch, especially since we stood to­ veals a breach of present administration of the Territory; another section refuted gether in the war of 1914, which cost us heavy sacri­ took on citizensh the petition and was pressing for the withdrawal of citizen­ fices. The Union Government is aware of this, yet we taken away at a ship rights from the first-mentioned section. It was also re­ migrants, as the ported that the Administrator and the Secretary for the are treated as inferiors in regard to our own rights. charges against Territory would visit the Rehoboth Gebiet in July and hold We hold to the Charter of the United Nations in trekkers as follo- negotiations between the conflicting sections. The petition accordance with the peace treaty. Sir, let us know what reportedly submitted by the first-mentioned section of the is going to happen with us. \Ve wait urgently for an 71 For the text Rehoboth Community has no' been received by the Secretariat. answer. eral Assembly, 1 ro Note by the Secretariat: This sentence appeared in English annex VI (c). in the original text of this communication. (Signed) Jacobus BEUKES 30 ~.~

.I I I (a) Petitions to the United Nations can only be forwarded :IS ra- \\a) ii) Letter dated 1 August 1955 from Mr. Iacobus 'r the Bcukcs to tile United Nations through a committee to His Honour the Administrator, and in no other way. 1 again rcier with great humility to my petition of (b) The Immigrants followed an illegal practice in calling IW to 27 November 1~5-+ n to find out if it reached you. their meetings whereby they named a deputation to present a on to Sir, although humbly, 1 again approach you with the counter-petition to our petition. How could they possibly be erred, regarded as a committee, when His Honour the Administrator I per- attached memorandum from which you can yourself alone has the right to establish a committee for such a learn under what an oppressive situation the population petition? ITARY uf Rehoboth are placed. (c) How can such a deputation of Immigrants who have Resort to the United Nations has become a danger to no knowledge or experience of the fundamental affairs and Chief history of the Rehoboth people, assume the right, illegally. to nittee us as tile memorandum mentions. Sir, please Jet us hatch a plot to hold mass meetings to condemn the petition know whether or not we have the right to present our for their own advantage, to nullify the legally existing rules situation to the United Nations. \Ve do not know on and statutes of the Rehoboth people, and openly to destroy what legal basis we have the right to appeal. It is our the Rehobother's basic existence and statutes, solely in order Clu'ef humble wish to know if under the peace treaty we are to attain their own ends? administered under the Charter of the United Nations (d) The original citizens called Voorlrekkers plead the have or not. The way jurisdiction is exercised over our popu­ cause of their country and nation on the basis of the evidence have lation by the Administration of South West Africa is which was laid before the United Nations. Therefore an im­ Iy of partial inquiry is requested which can only be discussed and contrary to our existence under it in the future. Dur­ dealt with by the Voortrckkcr citizens and their leaders, not rvice ing the visist here at Rehoboth of His Honour the Ad­ by Immigrants. Can the Immigrants justify their position ministrator of South \Vest Africa on 8 July 1955, the when Rehoboth affairs are thoroughly examined by an im­ 0 partial investigation? t we validitv f our case, as described to him in the mernor­ andum of -+ July 1955, was not settled. (e) What grounds do they have for their charges against the petition? 'What validity did His Honour the Administrator 1 the Sir, we cannot accept the peace he imposes. \Ve find in them to justify negotiations? They adopted a totally cannot make peace with our own decline. \Ve are a small illegal attitude. This is also known to His Honour the Admin­ i not nation established here by our forefathers in the year istrator; nevertheless discussions on the matter took place. 1870, through heavy sacrifices, with a Captain and (f) As mentioned above, the Voortrekleer citizens, urged I re- Volksrtuul. We are entirely willing to go along with by the Advisory Council, [verb missing] all Immigrants who democracy in modern developments, but in the first took that attitude, who deliberately tried to destroy our na­ tional unity and domestic rights. There must be drastic action stage not at a high level, during which we would first to cancel the citizenship of all Immigrants who took part in fAKO have to gain knowledge so that we would not through the affair with their leaders. ignorance bring about our own destruction. How get Since the coming into being of Rehoboth in 1870, the primary I; along with the modern? danger is that directed against our domestic rights and dis­ I I .•••.•.•• Sir, is there not a possibility of letting us exist as a rupting the Unity of our people. For this reason, it is necessary , that the Advisory Council take drastic action. The law for small nation. or of giving us a clear view about what ~."f.. Immigrants under oath is a domestic protection law to ensure ., Administration we fall under, with our rights, and about the unity of our people in the future. Hence this complaint. l what protection we enjoy concerning our property rights. As we are now administered, we are deeply (Si.qned) Jacobus BEUKES We unhappy about our future existence. situ- ~.f Sir, this is to inform you of the condition under (b) (i) Letter dated 2 March 1956 from Iacobus 1:;:- I Beukes to the Under-Secretary for Trustee­ ~. which our people live and exist at present so that it ~; date will be known. The memorandum of 4 July as attached ship and Information from Non-Self-Govern­ ame shows under what oppressive conditions our people live. ing Territories we l I humbly await an answer whether our communication With deep gratitude I acknowledge the receipt of the ~ llied arrived. communications TRI 132/1/04 of 30 November 1955 ~ vith (Signed) Jacobus BEU7-ES and TRI 240 of 20 February 1956, addressed to me, ider and of the communication of 12 December 1955, ad­ :hed tt\\ Attachment to the aboue letter: dressed to Messrs. A. Beukes, B. Diergaard and G. rest van Wyk. You inform me that the General Assembly of iuld Humbly requested with reference to His Honour, the Ad­ the United Nations has adopted a resolution and that a :og­ ministrator for South West Africa. copy of this resolution was sent to me by letter dated )ple "Rules" 20 December 1955.72 This letter of 20 December 1955 The regulations which guide His Honour the Administrator which you state was sent to me has not yet been re­ lay down that any deputation wishing to approach His Honour i .ous ceived. I shall be grateful if the letter is sent to me ';1 ,IOn must be arranged through the Captain and Advisory Council, as soon as possible.?" on the understanding that the points which it wishes to raise (Signed) Jacobus BEUKES 1~t1y must be made known beforehand. The ruies were disregarded urs. by the Immigra-vts and they approached His Honour without 72 'i,' Note by the Secretariat: By a letter of 20 February 1956 _,,;! will arrangements l'r the Captain and Advisory Council. This re­ Mr. Beukes was informed, inter alia, that, with regard to his to- veals a breach of our domestic rights. The immigrant citizens communication of 19 September 1955, the Committee on South en­ took on citizenship under oath that their citizenship would be West Africa had decided on 16 February 1956 that no action taken away at any time for misbehaviour. Although the Im­ on its part was necessary (AIAC.73/SR.59). Mr. Beukes was we informed that the Committee had taken this decision inasmuch hts. migrants, as they carry a pass with them, made groundless as the communications in question related to an earlier peti­ charges against the original Rehoboth citizens called V001'­ In tion and communications (A/2913, annex VI), on which the trekkers as follows: General Assembly had adopted a resolution (resolution 935 X). 'hat a copy of which had been sent to Mr. Beukes by letter of an 71 For the text of this letter, see Official Records of the Gen­ 20 December 1955. eral Assembly, Tenth Session, SuPPlement No. 14, (A/2913) 72 Note by the Secretariat: A. copy of this letter was KES annex VI (c). dispatched to Mr. Beukes on 20 March 1956. 31 ~'. ,.. .;fee.,

~b) (.ii) COP." of a letter dated'; March 1956 from II (/'j.'illg authorized the Committee on South \V est While t1 I.] Mr. l acobus Bculecs to the Administrator for I~ Africa, by resolution 7-19 A (. VIII) of 28 November dressed, pr Soutli //'est .·ljrica H 1~53, tu examine petitions in accordance with the Man- the Non-I In accordance with the prescribed procedure, I here­ dates procedure of the League of Nations, poor and I with forward a copy of the comnnu.ication which, as 11ariiu] reccircd a report from the Committee 011 out paraffi provided bv law, must be sent bv the Union Govern­ South \\ est Africa dealing with a petition and related pieces of i ment to th~ l.'uited Nations, ~e~v York, N.Y., US:\. communications dated -I- July lLJSS, 1 August 1955 and rain. I am most grateful for the receipt 0 f the commuuica 5 November Ill55, from .I acobus Beukes, Ilurger Secre- Another tion. tary of the Rehoboth Community of South \Vest .-\frica, the limitat \ Siqucd] ] acobus 13EUKES Noting that the petitioner raises questions on which serves. N the General Assembly has already taken action in reso- large stock ~35 (c) Draft resolution 011 the petition and eoIII11I1/11 ica­ lution (.x.) of 3 December lY55, and the n tions [roiu 111r. Iacobus Bcukcs, Burqcr Secretary, .Not uuj that the petitioner raises a further question ?tock auct Rclioboth Connnunity, proposed by the Committee concerning the right of petition to the United Nations II1 thf abo 011 South /I'est ,lfrica [or adoption b." the Cell­ by the original citizens of the Rehoboth Community 1110ant 1. I .1 10] era! Asscmbb) anu IIly t le ....minugrant citizens.. ..'0 l t I"rat Community, -.ur 11 ~f:J~ \\~f ~ The Gcucni! Assembly, and demands that the "citizenship" rights granted by the Rehoboth CommunitV to certain immigrant in- l~:>t 1: ri Hm'illg acccptcd the advisory opln'on 0 f 11 July • , ta 'l1J

(a) Letter dated 4 October 1955 from Chief Hosea written in the pass. If he does not leave on the men­ Kutako to the Sccrctory-Ceneral tioned date he is arrested. \Vhen a Non-European Com visitor comes into a magisterial district or town, he On behalf of the Herero tribe of South West Africa must report to the magistrate within 2-+ hours other­ (a) Letter I wish to express my gratitude to the United Nations wise he is arrested. Attached please find travelling for its tireless efforts in trying to free the enslaved Guiei, passes ,;; which are available for 14 days and 7 days South people of South \\'est "\frica. respectively. On top it is stated that the person must the Cl I also wish to announce that the Rev. Michael Scott leave within 3 clays as from 16 September 1955. In In my ea is still our representative and should be allowed to the second pass the persons must leave within 24 hours mittee of tl speak on our behalf, or to give information about South and cover the 4 places within 7 days. West Africa. Yike to in I n the towns the police are always in the so-called (Kevina) ( \Ve the indigenous people 0 f South West Africa re­ Native locations lookin« for Non-Europeans who have of the voic gard the ruling of the International Court of ] ustice no service contracts. Those who have no service con­ dents. Pri on South \Vest Africa as victory for the United Nations tracts are arreste.l and the fine is £4 or 14 clays' im­ its secretar and the forces of peace. prisonment. The resnlt is that the people are living No change for the good has been made in South in a state of fear and many people pass much time in The Stu West Africa as far as the indigenous population is hiding. }.Jon-European residents in the towns are given tural and s concerned but instead the pass laws have been made 14 days in which to seek work. I f they cannot find that the re more oppressive. As from 1 April 1955 Non-European work they are forced to leave the towns. It is not con­ a lot of cl visitors from the Native reserves and the rural areas sidered whether a person has a house or family in the freedom. to the towns are allowed to stay in the towns for four­ town; he must leave the town if he cannot find em­ partial in t teen (14) days only. ployment within 14 days. children­ at the exp In the case of patients who come fr0111 outside the While the work done by Non-Europeans is still re­ AFRICA towns proofs must be submitted that they are under stricted to that of labourers their wages are still verv medical treatment if they are to stay longer than four­ low. e.g., £1.10.0 or £2 per month. vVhen we complain The card teen (14) days. Although there are no hospitals or to the Covernment about low wages, we are told that ately and r medical doctors in the Native reserves a patient who the matter rests between the employers and the em­ ourselves is resident in the reserve has to get permission to ployees and the Government cannot do anything about hastened. enter the town from the magistrate of the town in it. Low wages have resulted in malnourished children and/or mis which he is going to receive medical treatment. and grown-ups are forced to wear dirty clothing for We furtl days. ' ~ When a Non-European gets a travelling pass, the of our lalx

date on which he is going to commence his journey is 75 The passes referred to are not reproduced in this document. birth and se 32 -r~-

South West While the European section of the community is well- With regard to the conditions in the territory, in the :; November tlre$sed, prosperous and live in modern beautiful houses, towns, the Non-Europeans who live in the so-called .th the Man- the Non-European section of the community is very Native locations are always removed fr0111 one place i, poor and live in pondokkies constructed from flattened to another in order to make r00111 for Europeans. numittee on out paraffin tins, discarded oil drums and various other The \\'indhock location was removed twice and it is and related pieces of iron and tin all rusted by exposure to sun and to be removed for the third time. This time the ist 1955 and rain. Government promised that they would build better llrger Secre­ Another factor which we regard as impoverishing is houses for the people. We have no objection to better .Vest Africa, the limitation of stock in the Ovitoto and Aukeigas re­ houses being built for us, but we are against being serves. No person may keep more than herd of IlS on which 50 removed from the present site. We requested the tiou in rC$O- large stock without the permission of the Administrator Government to build new houses at the place where and the number of small stock may not exceed 150. we live today, but this was refused. Stock auctions with a view to the lessening of stock .ier question I in the above mentioned reserves are held almost every The Government has also introduced passes for I' ited Nations month. women. At Omaruru many women were arrested for Community having no passes and the fines were £1-0-0 or two I'I: Our hope in South West Africa is that the year I Community, 1955 will mark the end of the administration of South weeks in jail. At Grootfontein every woman fined £3. granted by We$t Africa by the Union of South Africa and the Two school boys were arrested in Windhoek recently migrant in­ taking over of South West Africa by the United for having no passes and fined 10 shillings each. When It they had Xations. the people complained to the Government about it, IS a petition We look forward to the year 1956 as the year in they were told that the children must obtain passes from the original which discriminatory la'.I .:>, Native reserves, superior their school teachers as proof that they attend school. races and Native Affairs Department will be events 'With regard to livestock, a person who has livestock tioner to its of the past, (Signed) Hosea KUTAKO. outside a Native reserve is not allowed to take his stock into the reserve except those of sixty years or older. that all in­ .ling the so­ (u) Letter dated 11 May 1956 from Chief Hosea In conclusion I should like to inform you that no L'o111I11unitv, Kutako to the Chairman of the Committee on improvement has been made as far as the Non­ Europeans are concerned and that the conditions in the ·"".-\, : ted 0ration"s. South West Africa I" territory are the same as stated in the report of the I I ! have the honour to inform you that the Rev. Committee on South West Africa for the year 1955. JI.Ikb.e1 Scott is still our representative and he should 1I be allowed to speak on our behalf. (Signed) Hosea KUTAKO !,

ANNEX vm m the men­ .n-European Communicatious relating to the request that an oral heariug be granted to Mr. Eric Gelzen ir town, he iours other­ (a) Letter dated 1 November 1955 from Mr. J. Kozon We rightly feel that we are entitled to free and com­ d travelling Guiei, Chairman, Organizing Committee of the pulsory education as long as we continue to pay the and 7 days South West Africa Student Body, Fort Hare, to tax, whether in labour or kind. )erson 111 ust the Chairman of the Fourtli Committee We have the right not to be interfered with by ~r In 1955. In my capacity as chairman of the Organizing CO~1­ political police unless we have violated the laws of our tin 24 hours mittee of the South West Africa Student Body I would country. But we should be a party to the making of nke to inform you that Eriha Mburumba Getzen these laws. he so-called (Kevina) of Lincoln University is duly representative All these though in the international code of human IS who have of the voice and views of the South West African stu­ rights have been denied us for the last seventy years service con­ dents. Prior to his departure for United States, he was from Bismarck to Premier Strydom. .~ clays' im­ its secretary, Our earnest requests are: ~ are living The Student Body is primarily an educational, cul­ 1. A change in the Charter: To repeal the clause iuch time in which gives the Mandatory Power the right to retain I1S are given tural and social body. But it has never failed to realize that the repressive policy of our present rulers is doing the Mandated Territory given to her as a Trust. To cannot find replace by a clause providing for the automatic handing : is not con­ a lot of damage to our cause for independence and freedom. The policy of the Union Government is very over of the Territories to the United Nations and the unily in the right of the indigenous people of the Territory to ot find em- pa;tial in that she only concerns with feeding her own cluldren-of European descent-in South West Africa decide what power they wish to administer them. at the expense of the OWNERS of the Country­ 2. To be given the opportunity to benefit from the s is still re­ AFRICANS. economic and educational assistance provided by the t'e still very United Nations specialized agencies. ve complain The cardinal tenet of our belief, to which we passion­ re told that ately and resolutely adhere is: We are destined to rule 3. Freedom of movement, of speech and from nd the em­ ourselves and the pace towards that day should be arbitrary police molestations. ·thing about hastened. We must have a hand in the management 4. To be given and provided with decent homes and red children and/or mismanagement of our own affairs. more human places of abode. .lothing for We further believe that we are entitled to the fruits Mr. E. Mburumba Getzen should be given a hear­ ?f our labour and to move freely in the land of our ing on our behalf. his document. . birth and so enjoy the comfort derived from our labour. (Signed) F. Jarirchudu KOZON Gurzr 33 ~r-

(b) Letter dated 23 January 1956 from Mr. J. Koeon like to inform the United Nations that we do realise . (g) Guisi, Secretary, South West Africa Student Body) the burden placed on I\Jr. Mb. K. Getzen in hi~ capacity It.kru Windhoek, to the Secretary-General as a student. However, we have to take this action b) ce due to the fact that we have not any other means to (/1 'With reference to a letter of November 1955 from get out of the country. that.t the Chairman of the Organizing Committee of the Student Body of South West Africa to the Chairman 11- opmg't Iiat t h eU' nited N'ations W1'11'recognize 11r. mentNativ I ' of the Trusteeship Committee of the United Nations Mb, K. Getzen as our petitioner as well as the Rev. re: oral hearing for I\Ir. Eric Getzen in which the Michael Scott whose position will remain unaltered in Th chairman of that Committee of the Student Body the United Nations in our behalf. Gove authorises 11r. Eric Getzen to speak on behalf of the of N. (Signed) Fritz AwosEB Nativ Students of South West Africa 1 would like to bring and 82 other signatories to your notice and that of the Committee on South "Vest digni Africa that [' a recent meeting of the students it was He resolved not to authorise Mr. Eric Getzen to speak (d) Letter dated 14 June 1956 from Mr. Corneluu T. H on behalf of the Student Body unless he wants to put Hanse on behalf of sixty Nania people to the ones before the Assembly the case of the refusal of the United Nations Th recognition of the Body. \re the undersigned Nama people of South West tions It is felt that the cause of the students at the moment Africa would like to inform the United Nations that has is fighting for recognition. we have agreed among ourselves to support Mr. Mh. Nati However Mr. Getzen is free to speak on behalf of Kerina Getzen in his plea to the United Nations for oral In I any other group or himself as far as the students are hearing. in order to explain the conditions of his people to 1l1~ ! I' at home under the South African administration to the I concerned. The Student Body thus does not recognize in Ne I him as duly representing them. United Nations. In addition, we would like to state are P' that we have authorized Mr. Mb, K. Getzen to speak Unite (Signed) KOZON GUIZI on our behalf before the United Nations as our repre­ W~ sentative. This will enable him to help our official rep­ Canac (c) Letter dated 5 June 1956 from Mr. Fritz Awoseb resentative to the United Nations the Rev. Michael I on behalf of eighty-two Berqdamara people to the Scott. I To ~ letter United Nations :r3eing the only opportunity we have for our voice We the under signed Bergdamara people of South to be heard before the United Nations. We would like West Africa would like to inform the United Nations to inform the United Nations that we are aware of i. that we have agreed among ourselves to support Mr. the br r en placed on Mr. Mb, K. Cetzen in his capacity Mb. Kerina Getzen in his plea to the United Nations as a student. However, we have not any other alterna­ PS for oral hearing, in order to explain the conditions of tive, due to the fact that none of us would be permitted bange his people at home under the South African adminis­ bv the South African Government to travel abroad for tration to the United Nations. In addition, we would tl;is matter. ! (b) 1 like to state that we have authorized Mr. Mb, K. Getzen Hoping that the United Nations will recognize Mr.• 3 to speak on our behalf before the United Nations as Mb, K. Getzen as our petitioner as well as the Rev. M. • t our representative. This will enable him to help our Scott whose position will remain unaltered in the United l official representative the Rev. M. Scott. Nations in our behalf. Being the only opportunity that we have for our (Signed) Cornelius HANSE Th voice to be heard before the United Nations. We would and 60 other signatories Ha 1950 quest:

ANNEX IX Petition from the Tribal Congress of the people of Ukuanyama, Ovamboland

(a) Letter dated 14 January 1956 from the Tribal (b) The Minister has the queer power to do this, l­ Congress of the people of Uleuanycma, Ouambo­ and no one can stop him from doing so (we want the land) to the S ecretary-General i" United Nations to stop him!); (c) The Revd. T. H. Harnutumbangela would be We the poor Natives ancl inhabitants of Ukuanyama sent to a remote place in the Okavango, hunelreds of and other tribes, appeal to the United Nations, to come miles away from his people in the East, or to Windhoek to our assistance in the very grave, political disturbance amongst his enemies of apartheid origin. in which we find ourselves entangled. The explanation (d) In our perplexity we appeal to the United Na- I of our petition is painfully simple-it is to be found tions to ask the United Nations to take the question in the fact that, while the Revd. T. H. Harnutumbangela of the Revel. T. H. Hamutumbangela to the Interna­ was writing letters on our behalf to the United Nations, tional Court of Justice for its compulsory jurisdiction. the Minister of Native Affairs in the Union of South ee) Racial discrimination and oppressive laws in Africa, took steps against him: South West Africa will 110t die until the Territory is (a) He sent orders that the Revd. T. H. Hamuturn­ put under international control. hangela was to be removed from Ovamboland; (f) We should like to make it known, that all the f 7. Note by the Secretariat: The letter bears postmarks and Ovambos wanted the Canadian Government to ad­ stamps indicating that it was mailed in Angola. minister the Territory under trusteeship. 34 hat e cl .~) We, the Congress of the people wish to make Having authorised the Committee on South West zen .w I. 0 realis- it know that the apartheid Government is supported Africa, by resolution 749 A (VIII) of 28 November Ien t111~ capa~lty bv certain evil headmen who are not good to us. 1953, to examine petitions in accordance with the Man­ ta l\: 11S action' ... 'y other means t' (11) We, the Native inhabitants deplore the fact dates procedure 0 f the League 0 f Nations, c 0 that the Union Government transferred the control of Hauinq received a report from the Committee on Native Affairs in South West Africa to the Depart­ South \V est Africa dealing with a petition dated 14 recognize :.\lr. .m ment of Native Affairs in the Union. January 1956 from the Ukuanyarna Tribal Congress, well as the Rev. Ovamboland, main unaltered in Therefore we are aware of the fact that the Union Government has not only took over complete control Noting that the petitioners allege that while the of Natives in the Territory, but has also robbed the Reverend T. H. Hamtumbangela was petitioning on d) Fritz AwosEB Native inhabitants in reserves their tribal freedom and their behalf to the United Nations, the Union Minister : other signatories dignity. of Native Affairs ordered his removal from Ovambo­ Headmen and subheadmen who supported the Revd. land, and that headmen and sub-headmen who support­ ed the Reverend Mr. Hamtumbangla were to be de­ In Mr. Cornelius T. H. Harnutumbangela are to be deposed. And new posed, 'la people to the ones are to be appointed by a white man for the people, Therefore we would like to inform the United Na­ Noting that the petitioners request that the case of the Reverend Hamtumbangela be brought before the ~ of South 'Vest tions that the Minister of Native Affairs in the Union has no right to interfere in the South West Africa International Court of Justice for its compulsory juris­ ited Nations that diction, support :Mr. Mb. Native trihal affairs of domestic nature. :I Nations for oral In the Police Zone, Native inhabitants are not allowed N otinq further that the petitioners raise questions ions of his people to make their voices heard, And while those living on which the General Assembly, in its resolution 937 rinistration to the in Native reserves practice and spoke for their people (X) of 3 December 1955 concerning a petition and mid like to state are persecuted, we felt, now it is time to come to the related communication from the Reverend Mr. Ham­ Getzen to speak United Nations en masse for freedom. tumbangela, has already taken action, ons as our repre­ We want South West Africa to be transfered to Decides to inform the petitioners that it has at pre­ p our official rep­ Canada under trusteeship. sent insufficient information upon which to take any he Rev. Michael action with respect to their complaints concerning the To avoid further persecutions of those who signs alleged order for the removal of the Reverend Mr. letter to the United Nations we humbly sign, ve for our voice Hamtumbangela from Ovamboland and the deposing 5. We would like UKUANYAMA TRIBAL CONGRESS of headmen and sub-headmen who supported him; we are aware of (Signed) (ILLEGIBLE) Decides to transmit to the petitioners General Assem­ :en in his capacity bly resolution 937 (X) of 3 December 1955, and the my other alterna­ PS. We have copies of the Rev. T. H. Hamutum­ reports of the Committee on South West Africa to ould be permitted bangela addressed to the United Nations. the tenth and eleventh sessions of the General Assem­ travel abroad foe I bly containing the observations and recommendations (b) Draft resolution on the petition from the Ukuan­ of the Committee regarding- other questions raised by ill recognize Mr. ya111a Tribal Congress, Ooamboland, proposed by the petitioners; and ~ll as the Rev. M. tlze Committee on South West Africa for adoption Decides to draw the attention of the petitioners in .red in the United b.'v the General Assembly. particular to the observations and recommendations of the Committee on South West Africa concerning the Cornelius HANSE The General Assembly, transfer of "Native" administration to the Minister other signatories Haoinq accepted the advisory opmion of 11 July of Native Affairs of the Union of South Africa and 1950 of the International Court of Justice on the concerning the rights and freedoms of the inhabitants question of South West Africa, of the Territory.

and lower to do this, so (we want the angela would be IgO, hundreds of , or to Windhoek n. I the United Na- I ake the question l to the Interna­ sory jurisdiction. oressive laws in .the Territory is

own. that all the f rernment to ad­ ship. 35 ·~

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RAPPORT DU COMITE, DU SUD-OUE,ST AFRICAIN A L'A·SSEMBLEE GENERALE

ASSEMBLEE GENERALE

DOCUMENTS OFFIC!ELS: ONZIEME SESSION SUPPLEMENT No 12 (A/3151)

NEW-YORK, 1956

i (42 p.)