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434. In the discharge of its mandate under operative paragraph 5 of General
Assembly resolution 1761 (XVII), the Special Committee has carefully
reviewed the racial policies of the Government of the Republic of South
Africa; taken note of numerous communications from Governments,
non-governmental organizations and individuals; heard a number of
petitioners; and studied official statements and documents
of the South
African Government, as well as reports in the Press.
435. The results of the Committee's study, as indicated in the two interim
reports and the present report, make it clear that the Government of the
Republic of South Africa has not only not complied with the General Assembly
resolution, but has taken further measures to aggravate the situation.
It
has likewise not complied with the provisions of the Security Council
resolutions of 1 April 1960 (for the text, see annex II) and 7 August
1963
(for the text, see paragraph 57).
436. The Special Committee notes that the Government of the Republic
of
South Africa continues to implement the mass of discriminatory and
repressive legislation, and has added to it serious new measures such
as the
Transkei Constitution Act, 1963, the Bantu Laws Amendment Act, 1963,
and the General Law Amendment Act, 1962.
437. During the period since 6 November 1962, the Government has uprooted
thousands of families from their homes in the urban areas and expelled
many
thousands of persons from these areas. Hundreds of thousands of persons
have
been arrested under pass laws and other racially discriminatory measures.
The non-whites have been excluded from new categories of employment. A
reign
of terror has been instituted against opponents of apartheid: the leaders
of
the non-Whites have been jailed or restricted, and thousands of persons
have
been thrown in jail for opposition to apartheid, with no certainty of
ever
being set free. Harsh penalties have been imposed on members of the major
non-white organizations. Simultaneously, efforts are being made to set
up
colonial enclaves in the African reserves as a means to consolidate white
supremacy.
438. The Government has openly relied on its political, military and
economic power to defy the will of the great majority of the people of
South
Africa, as well as that of the United Nations. With ruthless measures
of
repression, it has denied all avenues for peaceful change, greatly increased
tension within the country and has created the grave danger of a violent
conflict which cannot but have serious international repercussions.
439. The Special Committee notes that, far from pausing to consider means
of
complying with the provisions of the resolutions of the General Assembly
and
the Security Council, the Government of the Republic of South Africa has
reacted to these resolutions by new and harsher measures of repression
against its opponents. The hastening of apartheid measures, and attempts
to
rally its supporters to mere stubborn resistance to the legitimate and
urgent demands of the international community. The unrepresentative and
minority Government of the Republic of South Africa continues thus to
pursue
an increasingly isolationist course and policy, dragging the overwhelming
majority of the inhabitants against their wishes away from the mainstream
of
international life and cooperation and iron the benefits and advantages
deriving therefrom.
440. The Special Committee notes that the attitude of the Government
of the
Republic of South Africa to the Security Council resolution of 7 August
1963, described in the previous chapter, deserves particular condemnation
in
the light of Article 25 of the United Nations Charter. In calling for
a
report by the Secretary-General by 30 October 1963, the Security Council
gave sufficient time for the South African Government to reconsider its
position and take meaningful steps towards compliance so that additional
measures may be avoided. The Special Committee feels that the utterly
negative reaction of the South African Government makes it essential to
consider, with no further delay, possible new measures in accordance with
the Charter which provides for stronger political, diplomatic and economic
sanctions, suspension of the rights and privileges of the Republic of
South
Africa as a Member State, and expulsion from the United Nations and its
specialized agencies.
Certain aspects of the situation in the Republic of
South Africa
441. Before discussing such measures, the Special Committee wishes to
submit
certain observations on the salient aspects of the problem.
442. First, the Special Committee wishes to emphasize that the problem
in
South Africa is not merely the perpetuation of inequalities arising from
historic developments or the continued existence of such inequities as
the
denial of franchise to a majority of the population, the separation of
peoples by race or the discrimination in the sharing of the fruits of
labour. Such terms as segregation and discrimination can hardly describe
the
humiliation and oppression to which millions of people, who constitute
a
large majority of the population of the country, have been subjected by
the
policies of its Government.
443. Second, the Special Committee considers that the problem is not
one of
a peculiar political or social system which democratic-minded peoples
find
objectionable, but of an official policy of a State, a tyrannical policy
imposed for purposes which are repugnant to the fundamental principles
of
the United Nations Charter. The racist creed that the policies of apartheid
are based on is not only unjust, but is the very antithesis of the concept
of international co-operation which is at the root of the existence of
the
United Nations.
444. Third, the Special Committee rejects the claims of the Government
of
the Republic of South Africa that it is, by its policy, defending the
Western or Christian civilization in its territory or that it is the victim
of attacks led by one of the protagonists of the cold war. The Special
Committee notes that the policies of the Republic of South Africa are
a
matter of concern to all States and to all peoples. They have been denounced
almost unanimously by Member States and by world public opinion. It is
the
responsibility of all Member States, irrespective of other differences,
to
co-operate in an endeavour to put an end to the dangerous situation in
the
Republic of South Africa, in the interests solely of the people of South
Africa and the maintenance of international peace and security.
443. Fourth, the Special Committee reiterates its view, stated in its
first
interim report (see annex III). that the problem in the Republic of South
Africa is not one of colour or race but "the consequence of a racialist
ideology enshrined as State Policy and implemented by force against the
majority of the people of the country, despite the obligations of the
Government of the Republic of South Africa under the United Nations Charter"
(annex III, para. 22).
446. The hearings of the petitioners and the review of the developments
have
underscored the Committee's view that the policies of apartheid are
detrimental to the interests of all sections of the population of the
Republic of South Africa. These policies cannot be implemented without
undermining the freedom and human rights of all persons, Whites and
non-whites alike. Indeed, as the Committee stated in the declaration issued
by its Chairman and Rapporteur on the occasion of the publication of its
second interim report, which appeared in The United Nations Press Release
GA/AP/13 :
"The present Government of the Republic of South Africa offers for
all time
no other future to its non-white population than perpetual subordination.
Though it describes itself as engaged in a struggle for the survival of
the
white population, it deliberately imperils their own safety and offers
them
no other destiny than a hopeless struggle for domination."
447. The Special Committee rejects as unfounded the claim of the Government
of South Africa that the choice in South Africa is between white domination
and the end of the white community in the country. It feels that the white
community cannot ensure its survival by seeking perpetual domination over
the non-whites, and that efforts to that end can only lead to catastrophic
consequences.
448. Contrary to the assertions of the Government of the Republic of
South
Africa, the Special Committee noted that the major non-white organizations
favour equality of all citizens, irrespective of race, and that they have
repeatedly expressed a desire for discussions to ensure progress towards
equality. It has also noted with great satisfaction that among those who
oppose the policies of apartheid, despite severe repression, are members
of
all racial groups in the country, including many Whites.
449. The United Nations has already made clear in General Assembly
resolution 616 B (VII), reaffirmed in subsequent resolutions, that the
peaceful development of a unified community in multiracial societies such
as
the Republic of South Africa would best be assured "when patterns
of
legislation and practice are directed towards ensuring equality before
the
law of all persons regardless of race, creed or colour, and when economic,
social, cultural and political participation of all racial groups is on
a
basis of equality". The Special Committee feels that this is the
only course
which can serve the true interests of all the peoples of the Republic
of
South Africa, irrespective of race or colour.
450. Fifth, the Special Committee notes that the harsh repressive measures
instituted by the Government frustrate the possibilities for peaceful
settlement, enhance hostility among the racial groups, and precipitate
a
violent conflict with incalculable harm to persons of all racial groups
in
the country, to friendly relations among States and to the maintenance
of
peace in Africa and the world.
431. The Special Committee, therefore, attaches the utmost importance
to the
release of political prisoners, withdrawal of orders of banishment and
other
restraints against political leaders and the abolition of repressive
legislation. Moreover, it takes note of the serious and special hardship
faced by the families of persons persecuted only because of their opposition
to the policies of apartheid and considers that the international community,
for humanitarian reasons, should provide them with relief and other
assistance.
452. Sixth, it is the duty and in the interest of the leaders and people
of
the Republic of South Africa to seek the aid and support of the United
Nations to help them overcome the burdensome legacy of inequality,
prejudice, tension and fear.
453. The present Government, however, has aggravated the tensions in
the
country and attempted to entrench itself in power by utilizing the fears
and
prejudices of the white population. The Special Committee feels, therefore,
that in order to put an end to the explosive situation in the country,
it is
essential that the white community in South Africa should be made to realize
that the Government's plans to reinforce white supremacy cannot succeed
and
will only lead to needless suffering for all concerned.
454. Seventh, the Special Committee notes that the racial policies of
the
Government of the Republic of South Africa have long been matters of
international concern. The General Assembly h 456. The Special Committee also recalls that the General Assembly and
the
Security Council have repeatedly recognized that the continuance of the
racial policies of the Government of South Africa has led to international
friction and seriously endangered international peace and security.
457. It recalls further that the Government of South Africa has extended
its
racial policies tot the mandated Territory of South West Africa, and has
refused to fulfil its obligation towards that Territory, defying numerous
resolutions of the General Assembly. The report on South West Africa by
the
Special Committee on the Situation with regard to the Implementation of
the
Declaration on the Granting of Independence to Colonial Countries and
Peoples (A/5446/Rev.1, chap. IV), and recent statements of the Government
of
the Republic of South Africa concerning South West Africa, indicate the
grave dangers created by the policies of apartheid, as the South African
Government threatens to prevent by force the fulfilment of the
responsibilities of the United Nations towards the people of South West
Africa.
458. Further, the recent developments in the colonial territories in
southern Africa indicate that the racial policies of the South African
Government are a grave hindrance to the peaceful and speedy development
of
the neighbouring colonial territories to independence and prosperity.
459. The Special Committee wishes to emphasize that, in the context of
the
historic developments in Asia and Africa since the establishment of the
United Nations, the policies and actions of the Republic of South Africa
have increasingly serious international repercussions. They have become
a
constant provocation to peoples beyond the borders of the Republic who
feel
an affinity with the oppressed people of South Africa, and to all opponents
of racism everywhere. They have compelled many States to break relations
with the Republic of South Africa or to refrain from establishing relations.
They have caused friction between African and other States on the one
hand,
and Governments which, these States feel, have not taken adequate measures
to dissuade the Government of the Republic of South Africa from its present
policies. Finally, they constitute a serious threat tot the maintenance
of
international peace and security.
B. MEASURES TO DISSUADE THE GOVERNMENT OF SOUTH
AFRICA FROM ITS PRESENT POLICIES
460. The General Assembly and the Security Council have repeatedly appealed
to the Government of South Africa since 1946 to modify its policies in
order
to conform with its obligations under the Charter. As these appeals were
not
heeded, it became essential that effective measures be taken to induce
that
Government to recognize the folly of its policies and fulfil its
obligations. General Assembly resolution 1761 (XVII) of 6 November 1962
represented a new stage in the United Nations consideration of the matter
as
it recommended specific measures for implementation by all Member States.
461. In operative paragraph 4 of that resolution, the General Assembly
"Requests Member States to take the following measures, separately
or
collectively, in conformity with the Charter, to bring about the abandonment
of those policies:
"(a) Breaking off diplomatic relations with the Government of the
Republic
of South africa or refraining from establishing such relations;
"(b) Closing off their ports to all vessels flying the South African
flag;
"(c) Enacting legislation prohibiting their ships from entering
South
African ports;
"(d) Boycotting all South African goods and refraining from exporting
goods,
including all arms and ammunition, to South Africa;
"(e) Refusing landing and passage facilities to all aircraft belonging
to
the Government of South Africa and companies registered under the laws
of
South Africa."
462. The Security Council, in its resolution of 7 August 1963, taking
note
of General Assembly resolution 1761 (XVII) and the interim reports of
the
Special Committee, again called upon the Government of South Africa to
abandon its policies of apartheid and discrimination; called for the
liberation of all persons imprisoned, interned or subjected to other
restrictions for having opposed the policy of apartheid; and solemnly
called
upon all States to cease forthwith the sale and shipment of arms, ammunition
of all types and military vehicles to South Africa (see paragraph 57).
463. The Special Committee considers that these resolutions represent
important steps in the efforts of the United Nations to dissuade the
Government of South Africa from its disastrous policies and deserve full
support by all Member States. In this connexion, the Special Committee
wishes to make the following observations.
464. The Special Committee notes the increasing abhorrence by world public
opinion of the racial policies of the Government of the Republic of South
Africa and the growing recognition that the continuation of these policies
would seriously endanger the maintenance of international peace.
465. Member States of the United Nations have condemned the racial policies
of the Republic of South Africa by ever-increasing majorities, and
recognized that effective and prompt measures need to be taken by the
international community to deal with the problem. No Member State has
condoned or defended these policies.
466. A number of United Nations bodies have been obliged to take action
in
view of the effects of the policies of apartheid in their fields of
competence.
467. The sixteenth World Health Assembly in May 1963 adopted a resolution
noting that the conditions imposed upon the non-white population of South
Africa seriously prejudiced their physical, mental and social health,
and
was contrary to the principles of the Organization; inviting the Government
of the Republic of South Africa to renounce the policy of apartheid, and
take appropriate measures so that all populations of South Africa would
benefit by the public health services of that country; undertaking, within
the provisions of the Constitution of the Organization, to support all
measures that may be taken to contribute towards the solution of the problem
of apartheid; and requesting the Director-General to transmit the resolution
to the Special Committee (see A/AC.115/L.13).
453. The Governing Body of the International Labour Office adopted three
resolutions in June 1963 deciding inter alia that the Republic of South
Africa be excluded from meetings of the International Labour Organisation,
the membership of which is determined by the Governing Body; that the
Director-General be invited to provide the full co-operation of the
Organisation in United Nations action relating to the Republic of South
Africa; and that the Director-General, accompanied by a tripartite
delegation of the Governing Body, should meet the Secretary-General of
the
United Nations to express the grave concern of the forty-seventh
International Labour Conference and the Governing Body on the subject
of
apartheid and jointly seek a solution of the problems posed by the
membership of the Republic of South Africa so long as it continues to
maintain its present policy (see A/AC.115/L.12).
469. The Economic and Social Council decided by resolution 974 D (XXXVI),
part IV, adopted on 30 July 1963 that, in accordance with the recommendation
of the Economic Commission for Africa, the Republic of South Africa, the
Republic of South Africa "shall not take part in the work of the
Economic
Commission for Africa, until the Council, on the recommendation of the
Economic Commission for Africa, shall find that conditions for constructive
co-operation have been restored by a change in its racial policy".
470. The Special Committee has, moreover, taken note of the condemnation
of
the racial policies of South Africa by numerous non-governmental
organizations which represent great segments of humanity, and of concrete
measures taken by many organizations and individuals, despite serious
sacrifices, to assist in the solution of the problem (see paragraph 26).
471. The Special Committee attaches great significance to the moral
isolation of the Government of the Republic of South Africa which these
developments represent. However, in view of the failure of efforts at
persuasion to dissuade the Government of the Republic of South Africa
from
pursuing its disastrous course, the implementation of the concrete measures
recommended by the General Assembly and the Security Council has become
imperative.
472. The Special Committee draws the attention of the General Assembly
and
the Security Council to the replies received from Member States to the
letter dated 11 April 1963 by the Chairman of the Special Committee, which
are annexed to this report (see annex V).
473. The Special Committee notes with great satisfaction that a number
of
Member States have reported effective measures taken by them in accordance
with the provisions of General Assembly resolution 1761 (XVII). It notes
that a number of other States have taken similar measures and awaits reports
from them in due course. It recognizes that the adoption of such measures
represents a substantial sacrifice for many Member States.
474. The Special Committee wishes to express its great appreciation to
all
Member States which have thus given concrete evidence of their attachment
to
international solidarity and their abhorrence of racial discrimination.
It
has noted with satisfaction the fact that many developing countries have
made great sacrifices and have thereby shown their determination to
contribute to the speedy solution of the problem.
475. The Special Committee notes in connexion with operative paragraph
4 (a)
of General Assembly resolution 1761 (XVII), that States other than those
which maintained diplomatic representatives in the Republic of South Africa
on 6 November 1962, have refrained from establishing diplomatic relations
with the Republic. A number of States have taken effective action in
pursuance of operative paragraph 4 (b) to (e) concerning trade, and the
landing and passage rights of South African ships and aircraft.
476. Moreover, the Special Committee notes that in the light of the
Conclusions of its first interim report (see annex III), supported
unanimously by the Summit Conference of Independent African States, a
number
of countries have broken off consular relations or have refrained from
establishing such relations, and have denied use of their air space to
the
aircraft of the Republic of South Africa.
477. The Committee notes, however, that a number of countries continue
to
maintain diplomatic relations with the Republic of South Africa, and some
have substantially increased their trade with the Republic of South Africa.
The colonial powers have granted new passage and overflight facilities
to
provide alternate routes to South African aircraft, while various
non-African States continue to grant landing and passage rights.
478. The Special Committee feels, therefore, that the United Nations
must
insist that all Member States should adopt the measures recommended in
General Assembly resolution 1761 (XVII) and the Security Council resolution
of 7 August 1963. Further, in view of the rapid deterioration of the
situation in the Republic of South Africa and in order to ensure effective
international action, the Special Committee feels that consideration should
be given to appropriate additional measures.
479. The Special Committee is convinced that the Government of the Republic
of South Africa could not have continued its disastrous policies and cannot
continue them further, in opposition to world opinion, if the international
community had not been patient and refrained from effective economic and
other measures to induce it to abandon its policies.
480. The crucial aspect of the present system in the Republic of South
Africa, defended by the power of its Government, is the appropriation
of a
disproportionate share of the fruits of labour of all racial groups for
the
benefit of the white minority. Political rights are restricted to the
Whites
and a tyranny imposed over the country to ensure a perpetuation of this
inequity. The Government appeals to the material interests of the Whites,
and to the very dangers and fears generated by its policies, to ensure
the
support of the white electorate and remain in power.
481. The international community, however, has adequate means to disabuse
the Government of South Africa and its supporters of their short-sighted
and
dangerous calculations.
482. Foreign trade plays a great role in the economy of the Republic
of
South Africa which depends largely on the export of a few commodities.
The
international community can show its determination to end the policies
of
apartheid by a boycott of these exports. Moreover, as the Special Committee
suggested in its second interim report (annex IV), an effective embargo
on
petroleum and on the means to manufacture arms would have a decisive effect
on South Africa.
483. Foreign investment -- mainly from a few countries -- have contributed
greatly to the economic development of the Republic and continue to play
a
significant role. A freeze on such investments can have a serious effect
on
the economy of South Africa.
484. The Government of the Republic of South Africa realizes its
vulnerability to international action, but has persisted in its course
in
the belief that effective measures to dissuade it from pursuing its policies
of apartheid would not be taken in the near future. The Special Committee
considers that South African statements in this connexion deserve serious
consideration.
485. Spokesmen of the South African Government express confidence that
the
moral isolation of the Republic of South Africa with respect to its racial
policies will not lead to isolation in other fields. They claim
that,measures recommended by the United Nations will remain ineffective
as
they will not be implemented by Member States which have the closest
relations with the Republic. They note that the Member States which voted
for General Assembly resolution 1761 (XVII) accounted for less than
one-sixth of the foreign trade of the Republic of South Africa, while
the
Member States opposed to it accounted for nearly two-thirds. They claim,
moreover, that South Africa's strategic position is so important and South
Africa's role in the "cold war" so significant that the Western
Powers could
not accept and implement effective measures against the Republic of South
Africa.
486. The Special Committee reiterates its view that the question of the
policies of apartheid of the Government of the Republic of South Africa
is
not an aspect of the cold war (see paragraph 444). It feels, however,
that
the small number of States on whose cooperation the Government of the
Republic of South Africa counts have a special responsibility to implement
effective measures to disabuse that Government and its supporters of its
hopes of continuing its policies.
487. In this connexion, the Special Committee recalls its recommendation,
in
the first and second interim reports (annexes III and IV), that a special
appeal be addressed to the Governments of (a) the States with traditional
relations with South Africa; (b) the small number of States which account
for most of the foreign trade of, and foreign investment in, the Republic
of
South Africa and which are the principal suppliers of arms and equipment
to
that country; and (c) the colonial powers responsible for the administration
of territories neighbouring South Africa.
488. The Special Committee wishes to reiterate and emphasize the importance
of effective measures by these States, for, without the co-operation of
these States, the practical effect of the sacrifices being made at present
by many others towards promoting a solution of the problem would be limited.
489. The Special Committee draws the attention of these States to the
negative response of the Government of the Republic of South Africa to
all
efforts at persuasion by the United Nations and by Member States, and
to the
appeals of the major non-white organisations in South Africa for effective
measures despite the temporary sacrifices which they might entail for
the
people of South Africa.
490. The Special Committee feels that the geographical position or strategic
value of the Republic of South Africa cannot justify policies and actions
which tend to permit perpetuation of racial oppression and thereby aggravate
international friction and the threat to international peace and security.
It notes, moreover, that the policies of the present Government of South
Africa have evoked such abhorrence that any recognition of a community
of
interest with it tends to be regarded by large segments of world public
opinion as an encouragement to that Government in its oppressive policies.
Countries which claim to have special interests in the area should bear
a
special responsibility for taking all measures to end the present dangerous
situation and ensure the speedy implementation of the decisions of the
United Nations.
491. The Special Committee feels that all Member States have an obligation
to respect the decisions and recommendations of the General Assembly and
the
Security Council, to attempt to implement them in good faith and to bring
any difficulties of implementation to the attention of the United Nations,
if necessary.
492. The Special Committee, however, cannot but express its regret at
the
actions of certain States which have increased their trade with and
investment in, the Republic of South Africa, signed new trade agreements
with it, provided new facilities for South African aircraft, or continue
to
supply military equipment to the Republic of South Africa.
493. The Special Committee feels, moreover, that special attention should
be
devoted to the attitudes and actions of Member States which administer
colonial territories neighbouring the Republic of South Africa.
494. It notes with regret that the Government of Portugal has provided
new
facilities for South African aircraft and has entered into agreements
for
greater co-operation with the Government of the Republic of South Africa.
495. The Special Committee has watched with serious anxiety the treatment
of
South African nationals opposed to the policies of apartheid in the colonial
territories administered by the United Kingdom.
496. In the first three months of 1963, forty-six South Africans were
arrested in Southern and Northern Rhodesia by the authorities of the
Federation of Rhodesia and Nyasaland and handed over to the South African
police.
497. On 1 April 1963, Basutoland police arrested eleven persons, at the
offices of the Pan-Africanist Congress in Maseru (six were subsequently
reported to have been released). Mr. Potlako Leballo was reported to have
disappeared mysteriously during the raid.
498. On 23 May, twelve South African refugees were arrested as prohibited
immigrants in Lusaka, Northern Rhodesia, by the immigration authorities
of
the Federation of Rhodesia and Nyasaland. They were released on 4 June
after
strong protests by Northern Rhodesia authorities and a successful habeas
corpus action by one of the prisoners.
499. Sir John Maud, United Kingdom Ambassador to the Republic of South
Africa, stated on 15 May 1963 that there could be "no question"
of the
United Kingdom refusing political asylum to South African refugees in
the
three High Commission territories of Basutoland, Swaziland and Bechuanaland,
but that the United Kingdom was "against the territories being used
for
fomenting violence in the Republic".
500. But complaints have been made by South African refugees that the
authorities in these territories have denied political asylum even within
the limits of that policy statement. A number of South African refugees
have
been declared prohibited immigrants in the High Commission territories
--
among them Mr. Patrick Duncan, a petitioner before the Special Committee.
501. The Special Committee noted with grave anxiety the reports that
Dr.
Kenneth Abrahams and three other South African political refugees had
been
kidnapped in Bechuanaland by South African authorities on 11 August 1963.
502. It has, further, noted with grave anxiety that an aircraft chartered
to
fly South African political refugees to Tanganyika was destroyed by
explosion and fire at the Francistown airport, Bechuanaland, on 29 August.
It has noted reports that Bechuanaland authorities suspected sabotage
and
that the South African Press had hinted that unorthodox methods might
be
used by the South African Government to deprive the refugees of their
sense
of security in neighbouring territories.
503. The Special Committee considers it essential that the General Assembly
and the Security Council should insist that the colonial powers concerned
provide asylum and other facilities to South African refugees and should
take no action to assist the Government of the Republic of South Africa
in
the pursuit of its policies of apartheid.
504. Finally, the Special Committee recalls that, in its two interim
reports, it reviewed the rapid expansion of the military and police forces
in the Republic of South Africa and noted with grave anxiety that this
expansion not only reflects the gravity of the present situation in the
country but is likely to have serious international repercussions. It
provided information on the main sources of arms (see paragraph 408-413
and
annex IV, appendix II) and recommended that the General Assembly and the
Security Council call upon the States concerned to halt forthwith all
assistance to the Government of South Africa in strengthening its armed
forces. It emphasized the importance of the provision in paragraph 4 (b)
of
General Assembly resolution 1761 (XVII) requesting Member States to refrain
from exporting any arms or ammunition to South Africa.
505. The Special Committee has noted with great satisfaction the provision
in the Security Council resolution of 7 August 1963 solemnly calling upon
"all States to cease forthwith the sale and shipment of arms, ammunition
of
all types and military vehicles to South Africa". It has also noted
with
satisfaction the declaration by the United States of America that the
sale
of all military equipment to the Government of South Africa would be brought
to an end by the end of 1963 (see paragraph 410 and annex V). It has also
taken note of the declaration made by a number of other Member States
concerning the measures taken by them in this respect. The Special
Committee, however, cannot but express its regret that certain main
suppliers of arms have not taken requisite action.
506. In connexion with the question of arms supplies, the Special Committee
wishes to reiterate its conclusion that the provision in paragraph 4 (d)
of
General Assembly resolution 1761 (XVII) "covers the supply of all
material,
from government or private sources, which can be used for military purposes
or for the suppression of resistance to the policies and practice of
apartheid, as well as assistance, direct or indirect, for the manufacture
of
such material in the Republic of South Africa". It recalls, further,
the
following observations made by it in paragraphs 22 and 23 of its second
interim report (see annex IV).
"... the Special Committee wishes to emphasize that Member States,
in taking
appropriate measures, should note that there is not merely the danger
of a
racial conflict within the Republic of South Africa, but that the present
situation constitutes a threatto international peace and security.
They should refrain from supplying not merely the small arms and ammunition,
but any means to increase the mobility of the security forces, as well
as material
which can be used by the Government of South Africa to perpetuate by force
the policies of apartheid.
"The Special Committee also notes, in this connexion, that the Government
of
the Republic of South Africa has continued to refuse to fulfil its
obligations with respect to the mandated Territory of South West Africa."
507. The Special Committee wishes to emphasize that any distinction between
equipment for external defence and that for internal security purposes
is
bound to be illusory and devoid of any practical interest, as the Government
of the Republic of South Africa has viewed the two aspects as complementary
and regards the defence forces as intended, in the first place, for the
maintenance of internal security.
C. RECOMMENDATIONS
508. In the light of the foregoing observations and conclusions, the
Special
Committee wishes to submit the following recommendations to the General
Assembly and the Security Council for their consideration.
509. First, in view of the non-compliance of the Government of the Republic
of South Africa with the provisions of General Assembly resolution 1761
(XVII) and its defiance of the Security Council resolutions of 1 April
1960
(see annex II) and 7 August 1963 (see paragraph 57), the Special Committee
feels that the situation should be considered without delay and with
particular reference to the obligations of the Republic of South Africa
under Article 25 of the Charter.
510. Second, the Special Committee deems it essential that the General
Assembly and the Security Council should: (a) take note of the continued
deterioration of the situation in the Republic of South Africa, in
consequence of the continued imposition of discriminatory and repressive
measures by its Government in violation of its obligations under the United
Nations Charter, the provisions of the Universal Declaration of Human
Rights
and the resolutions of the General Assembly and the Security Council;
(b)
affirm that the policies and actions of the Republic of South Africa are
incompatible with membership in the United Nations; (c) declare the
determination of the Organization to take all requisite measures provided
in
the Charter to bring to an end the serious danger to the maintenance of
international peace and security; (d) call upon all United Nationser States which
have
taken effective measures in this respect should be commended, and that
an
urgent invitation should be addressed to all others to take action and
report without delay. It feels, moreover, that the General Assembly and
the
Security Council should express disapproval at the actions of certain
States
which have taken measures contrary to the provisio nationals who are obliged to seek refuge because of the policies of
apartheid and to refrain from any action which may assist the South African
authorities in the continued pursuit of their present racial policies
(see
paragraphs 495-503).
513. Fifth, in view of the persecution of thousands of South African
nationals for their opposition to the policies of apartheid and the serious
hardship faced by their families, the Special Committee considers that
the
international community, for humanitarian reasons, should provide them
with
relief and other assistance. It recommends that the Secretary-General
should
be requested, in consultation with the Special Committee, to find ways
and
means to provide such relief and assistance through appropriate
international agencies (see paragraph 451).
514. Sixth, with regard to the request to the Member States by the General
Assembly that they refrain from exporting all arms and ammunition to South
Africa, and by the Security Council that they cease forthwith the sale
and
shipment of arms, ammunition of all types and military vehicles to South
Africa, the Special Committee submits the following supplementary
recommendations: (a) Member States should be requested not to provide
any
assistance, directly or indirectly in the manufacture of arms, ammunition
and military vehicles in South Africa, including the supply of strategic
materials, provision of technical assistance, or the granting of licenses;
(b) Member States should be requested to refrain from providing training
for
South African military personnel; and (c) Member States should be requested
to refrain from any form of co-operation with South African military and
police forces.
515. Seventh, the Special Committee suggests that the General Assembly
and
the Security Council give consideration to additional measures, including
the following, to dissuade the Government of the Republic of South Africa
from its racial policies: (a) recommendation to all international agencies
to take all necessary steps to deny economic or technical assistance to
the
Government of the Republic of South Africa, without precluding, however,
humanitarian assistance to the victims of the policies of apartheid; (b)
recommendation to Member States to take steps to prohibit or discourage
foreign investments in South Africa and loans to the Government of the
Republic of South Africa or to South African companies; (c) recommendation
to Member States to consider denial of facilities for all ships and aircraft
destined to or returning from the Republic of South Africa; (d)
recommendation to Member States to take measures to prohibit, or at least
discourage, emigration of their nationals to the Republic of South Africa,
as immigrants are sought by it to reinforce its policies of apartheid;
and
(e) study of means to ensure an effective embargo on the supply of arms
and
ammunition, as well as petroleum, to the Republic of South Africa, including
a blockade if necessary under the aegis of the United Nations.
516. Finally, the Special Committee feels that Member States should be
urged
to give maximum publicity to the efforts of the United Nations with respect
to this question and take effective steps to discourage and counteract
propaganda by the government of the Republic of South Africa, its agencies
and various other bodies which seek to justify and defend its policies.
517. Considering the extreme gravity of the situation in the Republic
of
South Africa, and its serious international repercussions, the Special
Committee deems it essential that the General Assembly and the Security
Council should keep the matter under active consideration in order to
take
timely and effective measures to ensure the fulfilment of the purposes
of
the Charter in the Republic of South Africa. The Special Committee feels
that they should consider, with no further delay, possible new measures
in
accordance with the Charter, which provides for stronger political,
diplomatic and economic sanctions, suspension of rights and privileges
of
the Republic of South Africa as a Member State, and expulsion from the
United Nations and its specialized agencies. The Special Committee will
actively pursue its task of assisting the principal organs in connexion
with
this problem, and to this end invites the continued co-operation of the
Member States and specialized agencies, as well as all organizations and
individuals devoted to the principles of the Charter.
Document 27
Statement by Mr. per Haekkerup, Minister for Foreign Affairs of
Denmark, in the General Assembly.
A/PV.1215, 25 September 1963
...
67. This leads me directly to the question of the policies of apartheid
in
South Africa which once again weighs heavily on our agenda. The United
Nations has by now dealt with this question for a good many years. You
may
know how deep it has gone to the heart of everybody in Denmark. Numerous
manifestations of one kind or another bear witness to the intense
preoccupation of the Danish people with the question of apartheid.
53. The approach of the United Nations to the question of apartheid in
South
Africa has so far been, and rightly so, that apartheid must be abolished
as
contrary to the principles of the Charter and to human rights. Recently
most
of us have felt that if persuasion was not sufficient to induce the South
African Government to change its policy, other means would have to be
adopted. A most important step in this direction was banning exports of
arms
to South Africa. Other steps will undoubtedly have to follow.
69. The Danish Government is in agreement with this policy. I repeat:
Denmark supports this line of action and feels that it should be pursued
and
pressure gradually increased. What we desire is not mere words or
recommendations of a general nature, but measures the effects of which
have
been carefully studied beforehand and discussed thoroughly with a view
to
providing sufficient support from Member States. We recognize that the
African countries have special interests in this matter, interests which
naturally lead them to advocate an unconditional policy of sanctions.
This
special position also carries special responsibilities. It might be useful
to initiate within a small group a dialogue between representatives of
these
specially interested countries and the major commercial partners of South
Africa, which eventually will have to carry the main burden of such a
policy
of sanctions.
70. I repeat once again that we think such a policy of pressure necessary
and justified. I must, however, ask myself and ask you a question which
many
Members of the Assembly have certainly for some time been asking themselves
quietly. that crucial question is this: Is that limited line of action
through pressure sufficient in itself to bring about peaceful developments
towards a solution of all aspects of the South African question? I am
very
much afraid that that is not so. I am very much afraid that a policy of
sanctions alone -- I repeat alone -- may well defeat its own ends, aggravate
the present state of tension in the area and bring the possibility of
tragic
events closer.
71. Apartheid today causes misery to millions of people. Its abolition
will,
however, pose other problems. It is the duty of the United Nations to
show
the way forward in solving these problems in accordance with the basic
principles of the Charter. We must fact the fact that the great majority
of
the European population in South Africa wrongly assume that abandonment
of
white domination means abandonment of their own existence. It is our duty
to
prove to them that that is not so. It is our duty to demonstrate that
there
is an alternative to catastrophe and that the only way towards this
alternative is through the abolition of apartheid. It is our duty to give
all groups in South Africa hope and confidence that, after abolition of
those inhuman and abhorrent principles by which the Republic of South
Africa
is now guided, there will be a happy and prosperous future for everybody
who
has his roots and wishes to continue his life in South Africa.
72. In other words, if the approach of the United Nations has so far
followed a single line, we feel that it has now become necessary for the
Assembly to formulate a supplementary policy, to make clear to the world
what we would like should take the place of the present set-up -- a truly
democratic, multiracial society of free men, with equal rights for all
individuals, irrespective of race.
73. Changing a society so deeply rooted in apartheid and dominated by
a
minority into such a free democratic, multiracial society may well prove
to
be a task which cannot be solved by the people of South Africa alone.
I feel
convinced that in such a process of development the United Nations will
have
to play a major role if we are to avoid disaster. We must consider how,
if
necessary, we can, in a transitional period, contribute to the maintenance
of law and order and the protection of the life and civil rights of all
individuals. We must likewise consider how the United Nations can best
assist South Africa in laying the foundation of its new society.
74. In our opinion it is high time for the Assembly to give thought to
the
positive policy to be pursued in South Africa and to the role which the
United Nations should play in coming developments. Careful studies to
this
end should be initiated now. If not, we may one day be taken by surprise
and
have reason to regret it.
Document 28
Statement by Dr. Hermod Lanning, representative of Denmark, at a
meeting of the Special Political Committee of the General Assembly.
A/SPC/82, 9 October 1963
...
...In our search for the basis of a new modern society in South Africa
to
replace apartheid, political and humanitarian ideals have by necessity
led
us to the concept of a truly democratic, multiracial society with equal
rights for all individuals irrespective of colour and race. Thee have
been
many signs, and we have felt most encouraged by them, that this concept
is
shared by the African States and indeed by the great majority of the South
African population.
I want, however, to take this opportunity to make it quite clear what
we
mean by the word "multiracial": By that we simply mean a society
in which
men and women of two or several races live together. It is exactly in
that
sense that the word is used in General Assembly resolution 616 B which
was
adopted by the General Assembly and which, by the way, was based on a
Nordic
initiative. That resolution, which is mentioned in paragraph 449 of the
report of the Special Committee, declares, and I quote: "that in
a
multiracial society harmony and respect for human rights and freedoms
and
the peaceful development of a unified community are best assured when
patterns of legislation and practice are directed towards ensuring equality
before the law of all persons regardless of race, creed or colour".
I hope
that this makes it quite clear that in using the word "multiracial"
we are
not implying the concept of special protection for racial minorities.
Any
true democracy does by definition offer protection to minorities. But
in our
view it would be contrary to the very concept of multiracialism to give
special protection to minorities just on the basis of race.
...
Document 29
General Assembly resolution: Release of political prisoners in South
Africa.
A/RES/1881 (XVIII), 11 October 1963
The General Assembly,
...
Considering reports to the effect that the Government of South Africa
is
arranging the trial of a large number of political prisoners under arbitrary
laws prescribing the death sentence,
Considering that such a trial will inevitably lead to a further
deterioration of the already explosive situation in South Africa, thereby
further disturbing international peace and security,
1. Condemns the Government of the Republic of South Africa for its failure
to comply with the repeated resolutions of the General Assembly and of
the
Security Council calling for an end to the repression of persons opposing
apartheid;
2. Requests the Government of South Africa to abandon the arbitrary trial
now in progress and forthwith to grant unconditional release to all
political prisoners and to all persons imprisoned, interned or subjected
to
other restrictions for having opposed the policy of apartheid;
3. Requests all Member States to make all necessary efforts to induce
the
Government of South Africa to ensure that the provisions of paragraph
2
above are put into effect immediately;
...
Document 30
Statement by Mr. Diallo Telli (Guinea), Chairman of the Special Committee
against Apartheid, at the Plenary Meeting of the General Assembly
on a
resolution concerning the trial of Mr. Nelson Mandela and others.
A/PV. 1238, 11 October 1963
...
9. The Pretoria Government yesterday began the trial of eleven South
African
leaders, well known for their opposition to apartheid, on a trumped-up
charge of sabotage which arbitrarily carries the death penalty.
10. The South African Minister of Justice had already announced that
165
prisoners would be charged with acts of sabotage and that inquiries were
in
progress in connection with similar charges against a further eighty-five
prisoners.
11. The fact is that there are at this moment over 5,000 political prisoners
in South Africa goals and that the Government is constantly carrying out
whole arrests of those who oppose its policy of racial discrimination.
Over
300 leaders, well known for their struggle against apartheid, have now
been
taken into custody, without being brought before a court, under the recent
law on imprisonment without trial.
12. These political prisoners are subjected to the most inhumane conditions:
a number of them have been tortured, and some recently died in prison.
13. The South African Government's decision to proceed with this mass
trial
is a clear and direct challenge to the United Nations, and more particularly
to the Security Council which on 7 August 1963 expressly called upon the
Government of South Africa to liberate all political prisoners and all
persons imprisoned, interned or subjected to other restrictions for having
opposed apartheid.
...
16. The defendants now on trial include the most influential leaders
of the
African, Asian and European communities, who are fighting side by side
for
racial harmony and who are certainly the ones whom the majority of the
people will call upon tomorrow to govern the country.
17. It is clear that any action placing in jeopardy the life of these
revered leaders in the South African people's rightful struggle will create
an irreparable situation that may destroy once and for all any chance
for
the various ethnic groups in South Africa to live in harmony under a regime
of freedom, justice and democracy.
18. In the circumstances, the commission of the major crimes now in
preparation must be prevented at tall costs. On moral, political and
humanitarian grounds the General Assembly should discharge its august
duty
in the manifest interest of all those who, on any terms whatsoever, live
in
South Africa, by unanimously adopting the draft resolution recommended
to it
by the past eighteen years.
20. The trial staged before the Supreme Court at Johannesburg is beyond
all
question a further manifestation of the attitude of contemptuous defiance
constantly shown by the South African leaders towards the United Nations
in
general and towards all the repeated decisions of the Security Council
and
General Assembly in particular.
21. But that is not all. To make their defiance all the sharper, the
de
facto authorities at Pretoria have cynically timed the start of the
scandalous trial at Johannesburg to coincide with the opening of our debates
on the policy of apartheid, so as to make quite clear how little they
think
of the United Nations. The General Assembly cannot remain indifferent
to
such contempt, insolence and disrespect. If we do not react in a fitting
manner, history will irrevocably convict us of failure to discharge our
most
sacred obligations.
22. In the face of this situation the United Nations must react vigorously
and resolutely to save the last chance of finding a peaceful solution
and of
preserving the security and interests of the white minority in South Africa.
It is the only way to prevent a fresh triumph for the hatred fanned by
the
representatives of the racist minority who solemnly proclaim themselves
the
sworn enemies of the United Nations.
23. A great crime - perhaps the greatest yet ascribable to the supporters
of
apartheid - is being openly prepared in South Africa: a crime which, if
carried through, could spark the powder keg and thus touch off the
much-feared racial conflict. Since the historic Addis Ababa Conference
it
has been common knowledge that, in that tragic event, all the African
States
and all the African peoples would stand beside their oppressed brothers
of
South Africa.
24. As we have already said, the best sons of South Africa are today
implicated in this bogus trial, staged under arbitrary legislation, which
deprives the accused of any possibility of legal defence and expose them,
without protection or safeguard, to the bloodthirsty executioners who
control the country.
25. The accused, we repeat, represent the last chance for stability,
peace
and harmony in South Africa. Their names are: Nelson Mandela, a lawyer
and
acknowledged leader of the African National Congress, known to the Heads
of
most independent African States as one of the great leaders in the struggle
for racial equality in South Africa; Walter Sisulu, another active leader
of
the African National Congress, of which he was Secretary-General; Govan
Mbeki, another leader of the Congress and of the Transkei; and Ahmed Mohamed
Kathrada, a leader of the Indian community who was convicted at the age
of
seventeen at the time of the resistance movement in 1946.
26. Whites have not been overlooked on the list. Lionel Bernstein; Bob
Hepple; James Cantor, a lawyer; Dennis Goldberg, an engineer; and many
others, are also implicated. Faithful to the memory of their friends who
have died in prison in many cases beside them, after enduring unspeakable
suffering - which the United Nations should investigate diligently, for
otherwise the Africans will set about doing so tomorrow - the alert and
steadfast leaders of South Africa accept any and every sacrifice in order
not to abandon the sacred struggle. How can we fail to salute their courage,
their radiant vision of a future of understanding, reconciliation and
friendship for which they are preparing, by their own suffering, for the
benefit of all ethnic groups living on South African soil?
27. These men have had recourse to all peaceful means to put an end to
racial oppression, but in vain ; it is worth recalling in this connection
that South Africa was for a long time the cradle of non-violence. It was
there that Gandhi began his heroic struggle, over fifty years ago. But
let
this be clearly remembered: Gandhi himself declared that it was better
to
resort to violence than to submit in cowardly fashion to the oppressors.
The
African peoples and Governments consider that the criminals are not those
who fight for their right to justice and equality but the oppressors who
precipitate violence, repression and injustice.
...
32. Nelson Mandela, the great South African leader known the world over
for
his courage and lucidity, very eloquently summed up the philosophy and
basic
tenets of African nationalism during his last trial at Johannesburg, in
which he was arbitrarily sentenced to imprisonment for five years at forced
labour. The declaration of faith of Nelson Mandela, who is today the leading
defendant in the infamous new trial, has become a veritable breviary for
all
South African nationalists. Listen to this extract from his celebrated
address to the court - a moving document from beginning to end:
"I hate the practice of race discrimination and in my hatred I am
sustained
by the fact that the over-whelming majority of mankind hates it equally.
I
hate the systematic inculcation of children with colour prejudice, and
I am
sustained in that hatred by the fact that the overwhelming majority of
mankind ... are with me in that. I hate racial arrogance which decrees
that
the good things in life shall be retained as the exclusive right of a
minority of the population, and which reduces the majority of the population
to a position of subservience and inferiority and maintains them as voteless
chattels to work where they are told and behave as they are told by the
ruling minority...
"Nothing that this Court can do to me will change in any way that
hatred in
me, which can only be removed by the removal of the injustice and the
inhumanity which I have sought to remove from the political, social and
economic life of this country.
"Whatever sentence [the Court] sees fit to impose upon me ... may
it rest
assured that when my sentence has been completed I will still be moved
...
by [my conscience]; I will still be moved by my dislike of the race
discrimination against my people ... to take up again ... the struggle
for
the removal of those injustices until they are finally abolished."
He added in conclusion:
"I have done my duty to my people and to Africa. I have no doubt
that
posterity will pronounce that I was innocent and that the criminals ...
are
the members of the Verwoerd Government."
33. Are we to let a man of such stature - a leader so deeply conscious
of
his historic mission in the service of his country, his people and mankind
-
die for nothing, unjustly struck down through our inaction? We hope our
Assembly will unanimously answer "No".
34. All the representatives of Africa and Asia have taken the initiative
in
what is now presented for our consideration. In their name, we address
to
all members of the Assembly a final friendly and trustful appeal that
the
last lingering hesitations should be overcome and that the General Assembly
of the United Nations, confronted with this grave situation with its
incalculable moral, political and human implications, should signify by
its
unanimous vote its will for a peaceful settlement of the explosive situation
that exists in South Africa today.
Document 31
Security Council resolution: Question relating to the policies of
Apartheid of the Government of the Republic of South Africa.
S/RES/182 (1963), 4 December 1963
The Security Council,
...
Being strengthened in its conviction that the situation in South Africa
is
seriously disturbing international peace and security, and strongly
deprecating the policies of the Government of South Africa in its
perpetuation of racial discrimination as being inconsistent with the
principles contained in the Charter of the United Nations and with its
obligations as a Member of the United Nations,
Recognizing the need to eliminate discrimination in regard to basic human
rights and fundamental freedoms for all individuals within the territory
of
the Republic of South Africa without distinction as to race, sex, language
or religion,
Expressing the firm conviction that the policies of apartheid and racial
discrimination as practised by the Government of the Republic of South
Africa are abhorrent to the conscience of mankind and that therefore a
positive alternative to these policies must be found through peaceful
means,
1. Appeals to all States to comply with the provisions of Security Council
resolution 181 (1963) of 7 August 1963;
2. Urgently requests the Government of the Republic of South Africa to
cease
forthwith its continued imposition of discriminatory and repressive measures
which are contrary to the principles and purposes of the Charter and which
are in violation of its obligations as a Member of the United Nations
and of
the provisions of the Universal Declaration of Human Rights;
3. Condemns the non-compliance by the Government of the Republic of South
Africa with the appeals contained in the above-mentioned resolutions the
General Assembly and the Security Council;
4. Again calls upon the Government of the Republic of South Africa to
liberate all persons imprisoned, interned or subjected to other restrictions
for having opposed the policy of apartheid;
5. Solemnly calls upon all States to cease forthwith the sale and shipment
of equipment and materials for the manufacture and maintenance of arms
and
ammunition in South Africa;
6. Requests the Secretary-General to establish under his direction and
reporting to him a small group of recognized experts to examine methods
of
resolving the present situation in South Africa through full, peaceful
and
orderly application of human rights and fundamental freedoms to all
inhabitants of the territory as a whole, regardless of race, colour or
creed, and to consider what part the United Nations might play in the
achievement of that end;
7. Invites the Government of the Republic of South Africa to avail itself
of
the assistance of this group in order to bring about such peaceful and
orderly transformation;
...
Document 32
General Assembly resolution: The policies of apartheid
of the Government of the Republic of South Africa
recommended that the international community,
for humanitarian reasons, provide them with relief and other
assistance,
Considering that such assistance is consonant with the purposes
and
principles of the United Nations,
Noting that those families continue to suffer serious hardship,
1. Requests the Secretary-General to seek ways and means of providing
relief
and assistance, through the appropriate international agencies, to the
families of all persons persecuted by the Government of the Republic of
South Africa for their opposition to the policies of apartheid;
2. Invites Member States and organizations to contribute generously to
such
relief and assistance;
...
Document 33
Letter dated 9 March 1964 from Chief Albert J. Luthuce
war in South Africa; to put pressures on the South African
Government
to give rights to the African and other non-White people
of our country in
accordance with the universally accepted principles of human
dignity and
justice.
We are most deeply appreciative of the efforts made by the
nations
of the world, through your world organisation, to counter
and defeat the
forces or racialism.
You no doubt know that my organisation, the African National Congress,
for
close on half a century, and until it was declared unlawful, sought to
achieve its objectives by strictly peaceful and non-violent methods, ranging
from representations and protests made to the Government and its
representatives in the early years, to mass demonstrations and defiance
campaigns and strikes in the later years.
All these endeavours were to no avail. In fact, during the past half
century
oppression and racial discrimination have increased to such an extent
that
no one could at this juncture be morally blamed for resorting to violent
methods in order to achieve racial equality and freedom from oppression.
I write to you most urgently today to stress that whatever hope there
still
remains for a negotiated and peaceful settlement of the South African
crisis, will be lost, possibly for all time, if the United Nations does
not
act promptly and with firmness on the vital matter which has moved me
to
make this urgent appeal.
You will be aware that during this last year our movement has been subjected
to relentless persecution. Our organisation has been harried without
respite. Our members have been arrested in huge numbers in every corner
of
the country. If not held on serious political charges, they have been
detained under the barbaric "90 Day" detention law under which
men and women
and youths have been confined indefinitely, in solitary confinement, and
physically tortured in attempts to extort confessions and false evidence
from them. In numerous trials that took place in various courts throughout
the country, some were sentenced to death and others to long terms of
imprisonment.
You will also be aware that the last months of the year saw the bringing
to
trial of nine of the country's foremost liberation leaders, in the so-called
Rivonia Trial in which the leaders are charged with allegedly plotting
a war
of liberation against the government. The nine include Nelson Mandela,
who
was arrested shortly after his return from a tour of independent African
States in 1962, and who was taken from his prison cell, where he was serving
a five-year prison sentence, for leading the 1961 general strike of the
African people and leaving South Africa without a passport. Also on trial
is
Walter Sisulu, formerly Secretary-General of the African National Congress,
who was arrested while working underground in the freedom struggle.
The Rivonia trial, it is estimated, will continue for perhaps a further
four
to six weeks from the time of writing. It could be completed earlier.
There
is the grave danger that all or some of the nine leaders on trial will
receive the death sentence. Such an outcome would be an African tragedy.
It
would be judicial murder of some of the most outstanding leaders on the
African continent. It would have disastrous results for any prospects
of a
peaceful settlement of the South African situation and could set in motion
a
chain of actions and counter-actions which would be tragic for everyone
in
South Africa as they would be difficult to contain.
I address myself to you with the utmost urgency to urge that you use
your
good offices to avert the tragic crisis threatening South Africa. It is
of
the utmost importance that the United Nations Expert Group on South Africa
bring its work to a rapid conclusion and leave the way open for measures
to
be adopted to ensure that a fast worsening race situation here does not
explode into open violence. It is above all imperative that United Nations
action be devised to compel compliance with U.N. resolutions and in
particular to save the lives of the nine Rivonia trial leaders; for with
them are arraigned, in the dock, all hopes of a peaceful settlement of
the
crisis in our country.
Yours sincerely,
A.J. LUTHULI
President-General
Document 34
Report of the Group of Experts established in pursuance of the
Security Council resolution 182 (1963).
S/5658, 20 April 1964
...
8. We feel that the growing gravity of the situation increases the need
to
point the way to an alternative course which could provide an escape from
utterly calamitous consequences, and it is accordingly with a sense of
critical urgency that we now submit our recommendations.
We wish to state at once a primary principle of first importance.
The future of South Africa should be settled by the people of South Africa
-- all the people of South Africa -- in free discussion. There can be
no
settlement and no peace while the great majority of the people are denied
the fundamental freedom to participate in decisions on the future of their
country. We are convinced that a continuation of the present position
including a denial of just representation must lead to violent conflict
and
tragedy for all the people of South Africa. We wish, therefore, to emphasize
the first and basic principle that all the people of South Africa should
be
brought into consultation and should thus be enabled to decide the future
of
their country at the national level.
In order to give effect to this essential principle, we consider that
all
efforts should be directed to the establishment of a National Convention
fully representative of the whole population. Such a representative National
Convention would consider the views and proposals of all those participating
and set a new course for the future.
We believe that the mounting condemnation by world opinion and the growing
insistence on positive action should now be directed to the achievement
of
this purpose. It is only on the road of free and democratic consultation
and
cooperation and conciliation that a way can be found towards a peaceful
and
constructive settlement. Only thus can all people of South Africa be saved
from catastrophe and the world from a conflagration of incalculable
consequences.
...
II. Principal Factors in the Present Situation
10. We wish to draw special attention to two main factors in the present
situation. On one side is the mounting international condemnation of the
racial policy of the South African Government and the growing determination
of the African States, in particular, to take positive action against
South
African racial discrimination and domination. On the other side is the
increased persistence and military preparation of the South African
Government, coupled with repressive action and legislation which leave
many
South Africans with the conviction that they have no means of resistance
other than violence. These forces are set on a collision course. They
approach the crash at accelerating pace. As the explosion grows nearer
the
need to endeavour to prevent it becomes ever more urgent.
...
D. International Dangers
31. These forces of conflict cannot be disregarded or minimized. Only
when
the extent of the danger is fully realized is there any hope that action
sufficiently drastic will be taken to prevent it. Violence and
counter-violence in South Africa are only the local aspects of a much
wider
danger. The coming collision must involve the whole of Africa and indeed
the
world beyond. No African nation can remain aloof. Moreover a race conflict
starting in South Africa must affect race relations elsewhere in the world,
and also, in its international repercussions, create a world danger of
first
magnitude.
32. As the Secretary-General warned in addressing the Algerian House
of
Assembly on 3 February 1964:
"There is the clear prospect that racial conflict, if we cannot
curb and
finally, eliminate it, will grow into a destructive monster compared to
which the religious or ideological conflicts of the past and present will
seem like small family quarrels. Such a conflict will eat away the
possibilities for good of all that mankind has hitherto achieved and reduce
men to the lowest and most bestial level of intolerance and hatred. This
for, the sake of all our children, whatever their race and colour, must
not
be permitted to happen."
III. The Need for a National Convention
33. It is against this background of mounting crisis and threatening
conflict that we wish to state the case for conciliation and consultation,
and to urge the need for an early National Convention.
34. The conception of a National Convention is far from novel in South
Africa. The Union itself had its origin in the National Conventions of
1908
and 1909 (from which, however, all but White South Africans were excluded).
But the constitution which emerged from these conventions has been wholly
unacceptable to the great bulk of the population, and for long past a
principal objective of the national movement amongst the majority of South
Africans has been a fully representative National Convention as the doorway
to democracy. The unenfranchised people of South Africa, throughout long
years of subjection, claimed the right to be consulted. They campaigned
not
for revolution but for representation. Such has been the moderation of
the
movement.
35. Even in December 1960, after the massacres at Sharpeville and Langa
and
the imprisonment of thousands of persons had greatly heightened tension
and
bitterness, thirty-six prominent African leaders, meeting in Johannesburg,
called for the establishment of a non-racial democracy through a national
convention representing all the people of South Africa.
35. This meeting was followed by the All-In-African Conference at
Pietermaritzburg on 25-26 March 1961 attended by 1,400 delegates, including
many from rural areas. While denouncing the establishment of a republic
by
decision of the white voters alone, this Conference unanimously demanded
that "a national convention of elected representatives of all adult
men and
women on an equal basis -- irrespective of race, colour, creed or other
limitations -- be called not later than May 31, 1961".
37. This call for a national convention was supported not only by the
Indian
and Coloured Congresses, but also by leaders of the Progressive and Liberal
parties, and by other organizations and a number of persons prominent
in
academic, religious and public life.
38. All these pleas were rejected. The Government, in disregard of all
attempts to achieve consultation, persisted in its policies; the non-White
majority was left thereby with no constitutional means of seeking freedom
and justice.
39. The conclusion might have been that when consultation and representation
had been so flatly rejected there was no hope for the future. But we believe
that the dangers are so great that there may yet be a desire, and
consequently there may still be time, to avoid a vast and bloody collision.
We are convinced that the way to do so, indeed we believe the only way,
is
to turn to the means of consultation for which the movement for emancipation
has struggled so patiently and persistently for so long.
40. The question of the form and composition of a National Convention
is
open for discussion: it is a question which should be for South Africans
to
decide. There are many different processes and patterns which might be
adopted. Once a Convention has set the general course to be followed and
made a new start in constructive cooperation, it might decide to create
a
Constituent Assembly charged with the task of drawing up a detailed
constitution, thus opening the way to the election of a representative
Parliament. For a Constituent Assembly elections might well be required,
perhaps undertaken with United Nations assistance and supervision.
41. But these are questions which should be considered and settled by
the
National Convention. The first and vital step is to start discussions
on the
formation of an agenda for the Convention.
42. Accordingly we make the specific recommendation that the South African
Government should be invited at once to send its representatives to the
United Nations to carry out discussions to that end. The United Nations
on
its part should, we propose, appoint a special body to undertake these
discussions, and this special body would bring into consultation
representatives of the opposition and leaders of the unenfranchised majority
to ensure that the composition and agenda of the Convention are satisfactory
to all concerned.
43. We do not wish to suggest stipulations and prior conditions. Nothing
should be done to prejudice or delay the discussions we propose.
44. There is, however, one prerequisite which is essential if the
discussions are to proceed and if the Convention is to be successful.
The
Convention must be fully representative, and it cannot be so unless all
representative leaders can freely participate. For this purpose an amnesty
for all opponents to apartheid, whether they are under trial or in prison
or
under restriction or in exile, is essential and we add our urgent appeal
to
those already made by the General Assembly and the Security Council that
an
immediate amnesty should be declared.
45. The amnesty for political prisoners would enable the National Convention
to be fully representative. That is of great importance. But even more
important for the future is the new spirit which the amnesty could create.
Fear and bitterness could be set aside. The amnesty could mark a new start.
Violence and capital punishment would in effect be renounced, and a new
confidence created that the aims of "human rights and fundamental
freedoms"
will in fact be attainable. So would the situation be transformed, and
all
would enter the Convention in a spirit of reconciliation and genuine
cooperation.
...
V. The Role of the United Nations
80. In accordance with the Security Council resolution of 4 December
1963,
setting out our terms of reference, we were required to consider what
part
the United Nations might play "in resolving the present situation
in South
Africa through full, peaceful and orderly application of human rights
and
fundamental freedoms".
81. We are limiting our comments to the early stages of the "peaceful
and
orderly" transformation; we are confident that when the transformation
is
started and a fully representative system of government is introduced
a wide
range of international assistance can be readily made available at the
request of the Government of South Africa.
82. In the immediate task of initiating the transformation, how can the
United Nations assist a new effort of constructive cooperation, and how,
more particularly, can United Nations action facilitate the new start
to be
made through a National Convention.
83. We have already proposed that the United Nations should initiate
action
by inviting the South African Government to send representatives to the
United Nations to carry out discussions on the formation of and the agenda
for a National Convention, and that a special body should be appointed
for
these discussions. In these discussions the good offices of the United
Nations could assist in several ways, and at the Convention itself the
United Nations could, if so requested, provide expert advice on
constitutional, economic and social problems.
84. At a later stage the United Nations could help in administrative
reorganization and in particular could help to meet any request for the
organization and supervision of elections. If the necessity should arise,
the United Nations could also, as suggested by the Danish Foreign Minister
in his speech to the General Assembly on 25 September 1963 "contribute
to
the maintenance of law and order and the protection of life and civil
rights" and thus both allay fears and secure confidence.
85. There is one important task which could be put in hand by the United
Nations and its specialized agencies at once. This would be in the vital
field of education and training. The need for very large numbers of
non-Whites to be qualified for the professions and for the civil service
and
for teaching is acute now. It will become quickly far greater. We
consequently recommend that a United Nations South African Education and
Training Programme should be prepared in consultation with the United
Nations specialized agencies, the first purpose being to plan educational
and training scholarship schemes and then to supervise and administer
these
schemes. UNESCO might accept responsibility for the project in cooperation
with other specialized agencies (in particular the ILO), or it might be
considered preferable to set up new and separate machinery for the
administration of the programme including the control of funds provided
by
contributing nations and dealings with students and colleges and training
centres participating in the programme. Useful experience in planning
such
assistance for South African students can be gained from the training
schemes initiated by Scandinavian Governments.
86. Once preliminary plans have been drawn up we suggest that the United
Nations should call on all Member States to make financial contributions
to
this programme for training abroad of a large number of South African
lawyers, engineers, agronomists, public administrators, teachers at all
levels and skilled workers, as well as training in such fields as labour
education and business and industrial management. Much of the education
and
training programme could be undertaken in other African States. The purpose
will be to enable as many South Africans as possible to play a full part
as
quickly as possible in the political, economic and social advance of their
country.
87. This is a task to which the Member States can contribute and in which
the specialized agencies can participate. It also offers a wider opportunity
for concerted action by international organizations and other foundations
whether associated with the United Nations or not. Each in its own field
can
play a part in helping South Africans who have been deprived of their
rights
and denied opportunities of education and professional, vocational and
scientific training. Thus governments, specialized agencies of the United
Nations, universities and training colleges and public and private
organizations throughout the world can come together to assist in bringing
influence to bear on the South African Government by positive action.
An
international effort of this constructive kind will at the same time
illustrate international concern, show the general desire to give immediate
practical assistance and give new hope to people who want to see some
immediate evidence of a new start.
88. This would be a practical means of giving expression to world opinion,
and we reaffirm our conviction that only by concerted international pressure
can the new start be made. Every country and every organization and every
individual who realizes the suffering which the present situation causes
and
the dangers which now threaten has an opportunity and an obligation to
participate in that pressure. Nations can increase diplomatic pressure;
churches can do more to make their views known and felt. Organizations
and
groups of many kinds, both international and national, can exert their
influence in the closing circle of world opinion.
89. We emphasize the special importance of world opinion. Many countries,
particularly African countries, are directly identifying themselves with
the
cause of the oppressed people of South Africa, but there is a wider
international concern. The conscience of the world has been stirred, and
there is a recognition in world opinion generally that the South African
problem is unique, demanding exceptional treatment. There is an
international crisis of conscience; it arises from the fact that in South
Africa there is a government professing to speak in the name of Christianity
and the "European race" which is the only government in the
world which
chooses as its guiding policy not a striving to attain justice, equality
and
safeguards for human rights, but a determination to preserve privileges,
defend discrimination and extend domination to such a degree that it amounts
to the organization of a society on principles of slavery. In South Africa
the denial of human rights and fundamental freedoms is openly pursued
as an
avowed policy. There are many in the Christian Churches and amongst those
who can claim to speak for European civilization who can be expected to
feel
an exceptional responsibility in regard to developments in South Africa.
Their influence in many ways and through many channels might be more
effectively deployed.
90. There is another major international interest involved. That is the
interest of commerce, industry and banking, often acting through great
business concerns and organized on an international basis, which draws
high
profits and special benefits from investments in and trade with South
Africa. They too should feel an exceptional responsibility, for it is
largely from the cheap labour maintained by the policies of apartheid
that
their profits derive. These business interests and financial houses together
with Chambers of Commerce and industrial trading concerns and associations
could exercise effective influence on the South African Government, and
specially might make a constructive contribution by demanding and putting
into effect a "fair employment policy".
91. The situation can also be influenced by voluntary action undertaken
by
trade unions and other such cooperative groups in many countries. The
protests of these groups have occasionally been expressed in the form
of
boycott of South African goods. Though the direct economic results of
such
boycotts have been limited, their psychological effect is valuable.
92. While we emphasize the great and growing importance of international
opinion, and while we recognize too that diplomatic pressure should be
consistently maintained and increased, we also recognize that in the sphere
of pressure for achieving a new start in South Africa in consultation
and
cooperation the United Nations itself should have a vital and central
role
of initiative and leadership.
93. We have consequently studied what has been said and written in the
records of United Nations discussions and elsewhere about various forms
of
strategic and economic pressure.
...
103. We do not propose in this report to pursue a discussion on the economic
and strategic aspects of sanctions, but we wish to record certain general
conclusions which arise from our study of this problem.
104. As to the argument that sanctions should not be imposed because
they
would harm the non-White population of South Africa, it should be noted
that
the African leaders have vigorously rejected any such contention. As Oliver
Tambo of the African National Congress said when he was making his statement
in the United Nations on 29 October 1963:
"This is a type of pity and paternalism which hurts us even more
than sanctions would hurt us."
105. It is true that sanctions would cause hardship to all sections of
the
population, particularly if they had to be long maintained, but for the
supporters of apartheid to use this argument to oppose sanctions would
lay
them open to a charge of hypocrisy.
106. Secondly, it is clear that if sanctions are to be effective they
must
be put into effect with the cooperation of South Africa's principal trading
partners, particularly the United Kingdom and the United States.
107. Thirdly, as South Africa is specially dependent on imports of petroleum
and rubber there is a case for a ban on exporting these products to South
Africa, on the ground that an embargo on these supplies could be more
easily
and quickly decided and enforced than a general ban on all imports into
South Africa. The application of economic sanctions even if limited to
petroleum (and possibly rubber) might act as a sufficient warning and
deterrent.
108. On the other hand, we recognize the force of the argument that any
concerted plan for sanctions would be better directed not to one or two
commodities but to all; that piecemeal and progressive application of
sanctions might defeat its purpose and lead to a hardening of South Africa's
determination to resist pressure from the outside world, whereas the object
is of course to achieve a change in South African policy.
109. Fourthly, the tests to be applied in deciding these questions are
the
tests of speedy decision, full cooperation and effective implementation,
the
overriding purpose being to achieve a rapid transformation with the minimum
of suffering and dislocation.
110. With these considerations in view we recommend that use should be
made
of the interval before a final reply is required from the South African
Government on the proposal for a National Convention to enable an expert
examination to be made of the economic and strategic aspects of sanctions.
There seems to us to be urgent need for a further practical and technical position
will be reduced thus lessening hardship, and indeed if the threat is
universal and complete the actual imposition of sanctions might in fact
become unnecessary.
112. Our conclusion is that it can only be by United Nations action,
in the
form of a unanimous decision of the Security Council, that the weapon
of
sanctions can be rapidly effective. Only if action is agreed and complete
can the threat of sanctions achieve its purpose. Only by this drastic
means
can material loss and trade dislocation and hardship to many innocent
people
both in South Africa and elsewhere be avoided.
VI. Recommendations for Action by the Security Council
113. Our conclusion is that all efforts should be urgently directed to
the
formation of a National Convention fully representative of all the people
of
South Africa, and we therefore urge that, as a first step, our
recommendation for such a Convention should be endorsed by the Security
Council.
114. We propose that, at the same time, support be given to our
recommendation in regard to the establishment of a United Nations South
African Education and Training Programme.
115. We further propose that these decisions be referred to the South
d from the South African
Government.
118. We recommend, moreover, that the Security Council should invite
all
concerned to communicate their views on the agenda for the Convention
before
the date for the reply of the South African Government.
119. Such an invitation should be addressed to all representative groups
including political parties, Congresses at present banned under the Unlawful
Organizations Act, and other South African organizations such as the
Churches, Universities, Trade Unions, Associations of Employers, Chambers
of
Commerce, Bar Associations, Institutes of Race Relations, the Press and
all
other representative groups.
120. We recommend that the interval pending the reply of the South African
Government should be utilized by the Security Council for the urgent
examination of the logistics of sanctions which we have recommended in
paragraph 110 above.
121. The Security Council in December 1963 expressed its strong conviction
that "the situation in South Africa is seriously disturbing international
peace and security". This situation has deteriorated further due
to the
actions of the South African Government. If no satisfactory reply is
received from the South African Government by the stipulated date, the
Security Council, in our view, would be left with no effective peaceful
means for assisting to resolve the situation, except to apply economic
sanctions. Consequently, we recommend that the Security Council should
then
take the decision to apply economic sanctions in the light of the result
of
the examination recommended in paragraphs 110 and 120 above.
VII. Conclusion
122. Some may think that the time is part when there is any hope of avoiding
the collision which is now approaching, and that the recent declarations
and
actions of the South African Government rule out any possibility of
negotiation. Certainly time is short, and the dangers grow rapidly nearer
and greater.
123. Nev | 