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

1983/9. Violations of human rights in southern Africa: report of the Ad Hoc Working Group of Experts[1]25

The Commission on Human Rights, Recalling its resolution 2 (XXIII), by which it set up the Ad Hoc Working Group of Experts on southern Africa, and its resolutions 21 (XXV), 7 (XXVII), 19 (XXIX), 5 (XXXT), 6 (XXXIII), 12 (XXXV), 5 (XXXVII) and 1982/8, by which it extended and broadened the terms of reference of that Group, Recalling Security Council resolution 527 (1982), in which the Council strongly condemned the apartheid regime of South Africa for its premeditated aggressive act against Lesotho, and various General Assembly resolutions which have condemned South Africa for aggressive acts against other neighbouring countries such as Angola and Mozambique, Conscious of the value of the reports of the Ad Hoc Working Group of Experts in the efforts of the United Nations to expose and combat the repeated denials and gross violations of human rights in South Africa and Namibia, Having examined the report of the Ad Hoc Working Group of Experts,[2]26 in which inter alia the Group has concluded that massive and cruel denials of human rights under the apartheid system continue to be practised in South Africa and Namibia, Taking note of the report of the Special Committee against Apartheid on torture and ill-treatment of detainees by the racist regime of South Africa in 1982,[3]27

1. Congratulates the Ad Hoc Working Group of Experts on its inquiries and investigations and the quality of the reports it has submitted;[4]28

2. Takes note of the conclusions and recommendations contained in the reports;

3. Affirms that any constitutional arrangement in South Africa which is based on racial segregation and which denies full citizenship rights to the majority black population as a whole constitutes a denial of their political rights, serves to perpetuate apartheid and is unacceptable;

4. Denounces the policy of "bantustanization" and the forced removals of the black population, a practice which has disrupted black families, the cultural identity of the blacks and their unity and has violated the principle in the Universal Declaration of Human Rights that no one shall be arbitrarily deprived of his nationality;

5. Expresses its profound indignation at the scale and variety of human rights violations in South Africa, in particular:

(a) The alarming increase in the number of sentences passed and executions which have taken place;

(b) The torture of political activists during interrogation;

(c) The ill-treatment of captured freedom fighters and other detainees;

(d) The deaths of detainees in South African prisons under suspicious circumstances;

6. Expresses deep indignation at the fact that:

(a) Child labour continues to be practised in South Africa;

(b) Black women and children are still exploited and suffer the most from the policies and practices of apartheid;

(c) Young black people also suffer discriminatory harassment and imprisonment;

7. Demands that South Africa should put an end to the policies and practices which violate the rights of the African population, especially women and children;

8. Appeals to the international community to undertake appropriate and urgent action to save the lives of Bobby Tsotsobe, Johannes Shabangu, Jerry Mosololi, Simon Mogoerane, David Moise and Marcus Motaung, condemned to death as a result of their opposition to apartheid.

9. Expresses its concern regarding infringements of trade union rights and in particular the indiscriminate harassment, arrest and detention of black trade union leaders;

10. Demands further that South Africa should respect international standards concerning trade union rights;

11. Demands again that South Africa should adhere to the ILO Convention concerning Minimum Age for Admission to Employment, 1973 (No. 138) and implement the relevant Recommendation (No. 146) and ensure that adequate legislation to protect the rights of working children is enacted;

12. Condemns South Africa's military attacks against neighbouring countries such as Angola, Lesotho and Mozambique and demands the cessation of such attacks;

13. Decides to renew the mandate of the Ad Hoc Working Group of Experts composed of the following persons acting in their personal capacity: Mr. Annan Arkyin Cato (Ghana), Chairman/Rapporteur; Mr. Branimir Jankovid (Yugoslavia); Mr. Felix Ermacora (Austria); Mr. Humberto Diaz Casanueva (Chile); Mr. Mulka Govinda Reddy (India); and Mr. Mikuin Leliel Balanda (Zaire);

14. Decides that the Ad Hoc Working Group of Experts should continue to study the policies and practices which violate human rights in South Africa and Namibia, bearing in mind the effects of apartheid on black women and children and the Group's conclusion that the "criminal effects of apartheid amount to a policy bordering on genocide";[5]29

15. Requests the Ad Hoc Working Group, in co-operation with the Special Committee against Apartheid, to continue to investigate the cases of torture and ill-treatment of detainees and the deaths of detainees in South Africa;

16. Requests the Ad Hoc Working Group to submit a report on its findings to the Commission at its forty-first session at the latest and to submit a progress report to the Commission at its fortieth session;

17. Requests the Ad Hoc Working Group to continue to bring to the attention of the Chairman of the Commission on Human Rights, for whatever action he may deem appropriate, cases of particularly serious violations which may come to its attention during its inquiries;

18. Again requests the Secretary-General to renew his invitation to all States Members of the United Nations to submit their views and comments on the interim study on the international penal tribunal[6]30 so as to enable the Ad Hoc Working Group to continue its study and to submit a report to the Commission at its fortieth session;

19. Authorizes the Ad Hoc Working Group to organize in 1984 a seminar to consider the most effective means of reinforcing the Commission's efforts to eliminate apartheid, racism and racial discrimination;

20. Authorizes the Chairman of the Ad Hoc Working Group of Experts to participate in conferences, symposia, seminars or other events connected with the action against apartheid organized under the auspices of the Special Committee against Apartheid and the United Nations Council for Namibia;

21. Requests the Secretary-General to provide every assistance within available resources to enable the Ad Hoe Working Group of Experts to discharge its responsibilities in accordance with paragraphs 17 and 18 of the present resolution and with its terms of reference;

22. Requests the Economic and Social Council to transmit the present resolution to the General Assembly, the Security Council, the Special Committee against Apartheid and the United Nations Council for Namibia.

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[1]25 Adopted at the 28th meeting, on 18 February 1983, by a roll-call vote of 42 to none. See chap. IV. [2]26 E/CN.4/1983/10. [3]27 A/AC.115/L.586. [4]28 E/CN.4/1983/10, E/CN.4/1983/37 and E/CN.4/1983/38. [5]29 E/CN.4/1983/38, para. 83, conclusion A (2). [6]30 E/CN.4/1426.