Violations of human rights in southern Africa : report of the Ad Hoc Working Group of Experts : Namibia.

1982/9. Violations of human rights in southern Africa: report of the Ad Hoc Working Group of Experts - Namibia[1]38

The Commission on Human Rights, Having examined the chapter of the report relating to the question of Namibia as submitted by the Ad Hoc Working Group of Experts on southern Africa,[2]39 Recognizing the inalienable right of all peoples to self-determination and independence in accordance with the principles of the Charter of the United Nations and of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December 1960, Taking into account the deteriorating situation in Namibia, Recalling the Declaration on Namibia and Programme of Action in Support of Self-Determination and National Independence for Namibia contained in General Assembly resolution S-9/2 of 3 May 1978, Recalling Security Council resolutions 435 (1978) of 29 September 1978 and 439 (1978) of 13 November 1978 which established the United Nations plan for the independence of Namibia based on free and fair elections in the territory under the supervision and control of the United Nations, Bearing in mind the relevant resolutions adopted by the Council of Ministers of the Organization of African Unity at its thirty-seventh ordinary session, hold at Nairobi from 15 to 26 June 1981, Bearing in mind also the relevant provisions of the Declaration adopted by the Conference of Ministers for Foreign Affairs of Non-Aligned Countries, hold at New Delhi from 9 to 13 February 1981,[3]40 as well as the final communiqué of the Extraordinary Ministerial Meeting of the co-ordinating Bureau of the Non-Aligned Countries on the Question of Namibia, hold at Algiers from 16 to 18 April 1981,[4]41 Taking into account the relevant provisions of the Special Declaration on Namibia adopted by the International Conference on Sanctions against South Africa, hold in Paris from 20 to 27 May 1981,[5]42

1. Reaffirms the inalienable rights of the Namibian people to self-determination and independence and the rights enshrined in the Universal Declaration of Human Rights[6]43 and other relevant international instruments;

2. Declares that the Namibian people can legitimately exercise their right to self-determination and independence only under conditions determined by the United Nations in accordance with Security Council resolutions 435 (1978) and 439 (1978);

3. Emphasizes the need for the urgent implementation of Security Council resolutions 435 (1978) and 439 (1978);

4. Welcomes again the declared readiness of the South West Africa People's Organization to work for a negotiated settlement of the independence of Namibia under United Nations auspices;

5. Demands that South Africa comply with all resolutions on Namibia adopted by the Security Council, the General Assembly and the Commission on Human Rights in order to enable the United Nations to fulfil its objections to the Namibian people;

6. Demands also that South Africa cease without further delay all acts of torture and ill-treatment of Namibian political detainees and prisoners;

7. Condemns the ever-increasing- atrocities perpetrated against defenceless people, especially women and children, by the racist regime because of their opposition to apartheid;

8. Further demands that captured combatants be granted prisoner-of-war status and be treated in accordance with the provisions of the Geneva Conventions of 1949[7]44 and Additional Protocol I thereto;[8]45

9. Requests that South Africa allow the Ad Hoc Working Group of Experts to make an on-the-spot investigation of living conditions in the prisons of South Africa and Namibia and of the treatment of prisoners in those countries;

10. Calls upon South Africa to desist forthwith from its aggression and flagrant violation of the territorial integrity of African States, especially the territorial integrity of Angola;

11. Requests the Ad Hoc Working Group of Experts to continue to study, as a matter of priority, the policies and practices which violate human rights in Namibia and to submit a report to the Commission at its thirty-ninth session.

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[1]38 Adopted at the 37th meeting on 25 February 1982, by a roll-call vote of 37 to none, with 6 abstentions. See chap. IV. [2]39 E/CN.4/1485. [3]40 See A/36/116 and Corr.1, annex. [4]41 See A/36/222-S/14458 and Corr.1, annex. [5]42 A/36/319-S/14531, annex II. [6]43 General Assembly resolution 217 A (III). [7]44 United Nations, Treaty Series, vol. 75, Nos. 970-9739, p. 31 et seq. [8]45 A/32/144, annex I.