Situation in southern Africa.

1985/6. Situation in southern Africa[1]24

The Commission on Human Rights, Bearing in mind the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and other international instruments relating to human rights, Bearing in mind that the provisions of the Geneva Conventions of 12 August 1949[2]25 apply to all the freedom fighters in South Africa and Namibia fighting for their independence and self-determination, Recalling General Assembly resolutions 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, 2621 (XXV) of 12 October 1970, containing the programme of action for the full implementation of the Declaration, and 35/118 of 11 December 1980, the annex to which contains the Plan of Action for the Full Implementation of the Declaration, Recalling further General Assembly resolutions 2649 (XXV) of 30 November 1970, 2955 (XXVII) of 12 December 1972, 3070 (XXVIII) of 30 November 1973, 3236 (XXIX) of 22 November 1974, 3246 (XXIX) of 29 November 1974, 3382 (XXX) of 10 November 1975, 33/24 of 29 November 1978, 35/35 A and B of 14 November 1980, 36/38 of 1 December 1981, 36/76 of 4 December 1981, 37/35 of 23 November 1982, 38/17 of 22 November 1983, 38/54 of 7 December 1983 and 39/91 of 14 December 1984, Recalling also its resolutions 3 (XXXI) of 11 February 1975, 9 (XXXII) of 5 March 1976, 3 (XXXIV) of 14 February 1978, 2 (XXXV) of 21 February 1979, 5 (XXXVI) of 15 February 1980, 14 (XXXVII) of 6 March 1981, 1982/16 of 25 February 1982, 1983/4 of 15 February 1983 and 1984/14 of 29 February 1984, Recalling Security Council resolutions 405 (1977) of 14 April 1977, 419 (1977) of 24 November 1977, 496 (1981) of 15 December 1981 and 507 (1982) of 28 May 1982, in which the United Nations denounced the practice of using mercenaries against developing countries and national liberation movements, Recalling also General Assembly resolutions 2465 (XXIII) of 20 December 1968, 2548 (XXIV) of 11 December 1969, 2708 (XXV) of 14 December 1970, 3103 (XXVIII) of 12 December 1973 and 3314 (XXIX) of 14 December 1974, which refer to the use and recruitment of mercenaries against national liberation movements and sovereign States, Recalling further the relevant provisions of the Paris Declaration on Namibia and the Programme of Action on Namibia[3]26 adopted by the International Conference in Support of the Struggle of the Namibian People for Independence, held in Paris from 25 to 29 April 1983, Deeply conscious of the urgent need for strict observance of the principles of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, as enshrined in the Charter of the United Nations and developed in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,[4]27 Expressing its profound indignation at the brutal repression which followed the imposition of the so-called "new constitution" by the apartheid régime of South Africa in defiance of international public opinion, Condemning the continued colonialist and racist oppression of millions of Africans, particularly in Namibia, by the racist Government of South Africa through its persistent, illegal occupation of the international Territory and its intransigent attitude towards all efforts being made to bring about an internationally acceptable solution to the situation obtaining in the Territory, Condemning the racist régime of South Africa for its ruthless exploitation of the people and resources of Namibia, as well as its attempt to destroy the national unity and territorial integrity of Namibia, Condemning the racist régime of South Africa for developing a nuclear capability for military and aggressive purposes, Reaffirming that Walvis Bay and the offshore islands constitute an integral part of the Territory of Namibia, Reaffirming that "bantustanization" is incompatible with genuine independence, national unity and sovereignty and has the effect of perpetuating the power of the minority and the racist system of apartheid in South Africa, Reaffirming also that the system of apartheid imposed on the South African people constitutes a gross and massive violation of the rights of that people, Reiterating its affirmation on the importance of the effective realization of the right of peoples to self-determination, national sovereignty and territorial integrity and of the speedy granting of independence to colonial countries and peoples as imperative for the enjoyment of human rights.

1. Calls upon all States to implement fully and faithfully the resolutions of the United Nations, in particular General Assembly resolution 1514 (XV), and to take all the necessary steps to enable the dependent peoples of the territories concerned to exercise fully and without further delay their inalienable right to self-determination and independence;

2. Reaffirms the inalienable right of the people of Namibia to self-determination, freedom and national independence in a united Namibia, including Walvis Bay and the offshore islands, in accordance with the Charter of the United Nations and as recognized in General Assembly resolutions 1514 (XV) of 14 December 1960 and 2145 (XXI) of 27 October 1966 and Security Council resolution 435 (1978) of 29 September 1978, as well as in subsequent resolutions of the Assembly relating to Namibia, and the legitimacy of its struggle by all means at its disposal, including armed struggle, against the illegal occupation of its Territory by South Africa;

3. Reaffirms the legitimacy of the struggle of the oppressed people of South Africa and its national liberation movements by all available means, including armed struggle, for the elimination of the apartheid system and the exercise of the right of self-determination by the people of South Africa;

4. Urges all States, directly and through their action in the specialized agencies and other organizations of the United Nations system, to provide all moral and material assistance to the oppressed people of South Africa and Namibia;

5. Calls for the full implementation of the provisions of the Paris Declaration that relate to sanctions against South Africa[5]28 and the Special Declaration on Namibia adopted by the International Conference on Sanctions against South Africa,[6]29 held under the auspices of the United Nations and the Organization of African Unity;

6. Rejects categorically the so-called "new constitution" as null and void and reiterates that peace in South Africa can only be guaranteed by the establishment of majority rule through the full and free exercise of adult suffrage by all the people in a united and undivided South Africa;

7. Strongly condemns the continued violations of the human rights of peoples still under colonial and foreign domination, the continuation of the illegal occupation of Namibia and South Africans attempts to dismember its territory, and the perpetuation of the racist minority régime in southern Africa;

8. Also strongly condemns the apartheid régime of South Africa for its brutal repression and indiscriminate torture and killing of workers, schoolchildren and other opponents of apartheid, and the imposition of death sentences on freedom fighters;

9. Condemns the policy of "bantustanization", which purports to denationalize the majority of the South African people and is contrary to the principle of self-determination and inconsistent with genuine independence and national unity;

10. Strongly condemns all collaboration, particularly in the nuclear, military and economic fields, with the Government of South Africa and calls upon the States concerned to cease all such collaboration forthwith;

11. Condemns the continuing activities of foreign economic and other interests which are impeding the implementation of the Declaration contained in General Assembly resolution 1514 (XV) with respect to colonial territories, particularly Namibia;

12. Demands that South Africa immediately release all people detained or imprisoned as a result of their struggle for self-determination and independence, and also demands full respect for their fundamental rights and the observance of article 5 of the Universal Declaration of Human Rights, under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment;

13. Declares that the illegal occupation of Namibia by South Africa continues to constitute an act of aggression against the Namibian people and a threat to international peace and security as well as an affront to the United Nations, which has direct responsibility for the Territory until independence;

14. Condemns the wanton acts of aggression and destabilization perpetrated by the apartheid régime of South Africa against front-line and other neighbouring States;

15. Demands that South Africa put an immediate, total and unconditional end to its wanton and unprovoked acts of aggression and withdraw its occupation forces from Angola;

16. Calls upon the Western and other countries with political, economic, military, nuclear, strategic, cultural and sports relations with the racist minority régime of South Africa to sever such relation, as that encourage that régime to persist in its suppression of the aspirations of people to self-determination and independence;

17. Notes the report of the Secretary-General[7]30 containing summaries of replies received from Governments under its resolution 1984/14;

18. Reaffirms once again that the practice of using mercenaries against liberation movements and sovereign States constitutes a criminal act the mercenaries themselves are criminals, and calls upon Governments legislation declaring the recruitment, financing and trading of mercenaries in their territory, and their transit through it, to be punishable offences, and prohibiting their nationals from serving as mercenaries, and to report on such legislation to the Secretary-General;

19. Reiterates its affirmations that the continuation of colonialism in all its forms and manifestations, including racism, racial discrimination, apartheid, the exploitation by foreign and other interests of economic and human resources and the waging of colonial wars to suppress the national liberation movements, is incompatible with the Charter of the United Nations, the Universal Declaration of Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples and poses a serious threat to international peace and security;

20. Decides to include in the provisional agenda of its forty-second session the item entitled "The right of peoples to self-determination and its application to people under colonial or alien domination or foreign occupation" and to give it high priority consideration.

---

[1]24 Adopted at the 32nd meeting, on 26 February 1985, by a roll-call vote of 32 to 4, with 7 abstentions. See chap. IX. [2]25 United Nations, Treaty Series, vol. 75, Nos. 970-973. [3]26 Report of the International Conference in Support of the Struggle of the Namibian People for Independence, Paris, 25-29 April 1983 (A/CONF.120/13), part 3. [4]27 General Assembly resolution 2625 (XXV). [5]28 Report of the International Conference in Support of the Namibian People for Independence, Paris. 25-29 April 1983 (A/CONF.120/13)' part 3, chap. I, pares. 192 and 194. [6]29 Report of the International Conference on Sanctions against South Africa, Paris, 20-27 May 1981 (A/CONF.107/8), chap. X, sect.B. [7]30 E/CN.4/1985/13.