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

1983/10. Violations of human rights in southern Africa: report of the Ad Hoc Working Group of Expert[1]31

The Commission on Human Rights, Recalling its resolution 2 (XXIII), by which it set up the Ad Hoe Working Group of Experts, and its resolutions 21 (XXV), 7 (XXVII), 19 (XXIX), 5 (XXXI), 6 (XXXIII), 12 (XXXV) and 5 (XXXVII), by which it extended and broadened the terms of reference of that Group, 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, Mindful of the deteriorating situation in Namibia because of the illegal occupation of the territory by South Africa and that regime's policies of apartheid and of repression, Having examined the chapter on Namibia contained in the report submitted by the Ad Hoc Working Group of Experts,[2]32

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

2. Reaffirms further 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. Calls upon South Africa to comply without further delay with all resolutions on Namibia adopted by the Security Council and the Commission on Human Rights;

4. Demands that South Africa cease forthwith all acts of torture and ill-treatment of Namibian political detainees and prisoners;

5. Demands that South Africa release all Namibian political prisoners, including those imprisoned or detained under the so-called Security Laws, and that the captured freedom fighters be granted prisoner-of-war status and be treated in accordance with the provisions of the Geneva Conventions of 12 August 1949 and Additional Protocol I thereto, pending their release;

6. Requests the Ad Hoc Working Group of Experts to continue to institute inquiries in respect of any persons suspected of having committed in Namibia the crime of apartheid or a serious violation of human rights and to bring the results of those inquiries to the attention of the Commission at its fortieth session;

7. Strongly condemns South Africa for its use of the territory of Namibia for repeated acts of aggression and violation of the territorial integrity of African States and calls on South Africa to desist from such criminal aggression;

8. Demands the immediate withdrawal of all South African armed forces from Angola;

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

10. Requests the Ad Hoe 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 fortieth session.

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[1]31 Adopted at the 28th meeting, on 18 February 1983, by a roll-call vote of 37 to none, with 5 abstentions. See chap. IV. [2]32 E/CN.4./1983/10, chap. II.