Situation of human rights in Namibia.

1985/7. Situation of human rights in Namibia[1]31

The Commission on Human Rights, Recalling its resolution 2 (XXIII) of 6 March 1967, by which it set up the Ad Hoc Working Group of Experts on southern Africa, and its resolutions 21 (XXV) of 19 March 1969, 7 (XXVII) of 8 March 1971, 19 (XXIX) of 3 April 1973, 5 (XXXI) of 14 February 1975, 6 A to C (XXXIII) of 4 March 1977, 12 (XXXV) of 6 March 1979, 5 (XXXVII) of 23 February 1981, 1983/10 of 18 February 1983 and 1984/4 of 28 February 1984, Recalling General Assembly resolution 39/50 A to E of 12 December 1984 and Security Council resolutions, in particular resolutions 385 (1976) of 30 January 1976, 435 (1978) of 29 September 1978, 439 (1978) of 13 November 1978, 532 (1983) of 31 May 1983 and 539 (1983) of 28 October 1983, Having examined the chapters on Namibia contained in the report[2]32 submitted by the Ad Hoc Working Group of Experts on southern Africa, Expressing the hope that such knowledge of the situation in Namibia will increase the resolve of the international community to eliminate apartheid, Strongly condemning the continuing illegal and colonial occupation of Namibia by South Africa, in defiance of repeated General Assembly and Security Council resolutions, which constitutes an act of aggression against the Namibian people and a challenge to the authority of the United Nations, which has direct responsibility for Namibia until independence, Reaffirming the inalienable right of all peoples to self-determination and independence in accordance with the principles of the Charter of the United Nations and the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December 1960,

1. Congratulates the Ad Hoc Working Group of Experts on southern Africa for the commendable and impartial manner in which it has prepared its report;

2. Adopts the conclusions and recommendations of the Ad Hoc Working Group of Experts;

3. Again reaffirms the inalienable right of the Namibian people to self-determination and independence and reiterates that this right can be legally exercised only in accordance with the conditions determined by the United Nations in Security Council resolutions 435 (1978) and 439 (1978);

4. Strongly condemns South Africa for:

(a) The military build-up in Namibia;

(b) The recruitment and training of Namibians for tribal armies;

(c) The use of mercenaries to suppress the Namibian people;

(d) The torture and other forms of brutality meted out to the population and in particular to captured freedom fighters of the South West Africa People's Organization;

(e) The imposition of military conscription on all Namibian males between 17 and 55 years of age into the occupying colonial army, another sinister attempt to suppress the national liberation struggle of the Namibian people and to force Namibians to kill one another;

5. Strongly condemns South Africa, in particular for its persistent acts of subversion and aggression against Angola, including its continued occupation of parts of Angolan territory in gross violation of Angolan sovereignty and all norms of international law, and calls upon South Africa to cease all acts of aggression against Angola and to withdraw immediately and unconditionally all its tromps from that country;

6. Demands that South Africa co-operate with the United Nations to bring about the immediate independence of Namibia in accordance with Security Council resolution 435 (1978), without raising extraneous issues, so that the people of Namibia will be enabled to exercise their right to self-determination and enjoy their human rights;

7. Denounces all fraudulent constitutional and political schemes through which the illegal racist régime of South Africa is attempting to perpetuate its colonial domination of Namibia and, therefore, calls upon the international community to continue to retrain from according any recognition or extending any co-operation to any régime which the illegal South African administration may impose upon the Namibian people in disregard of Security Council resolutions 385 (1976) , 435 (1978), 439 (1978), 532 (1983) and 539 (1983) and of other relevant resolutions of the General Assembly and the Security Council;

8. Condemns the Government of South Africa for its continued attempts to circumvent the United Nations plan for the independence of Namibia by promoting an internal settlement, the drafting of a "constitution" through the so-called multiparty conference and the installation of puppet political institutions and declares that such attempts confirm South Africa's efforts to subvert the United Nations plan for the independence of Namibia and the consolidation of its illegal occupation of the Territory;

9. Decides that the Ad Hoc Working Group of Experts should continue to study the policies and practices which violate human rights in Namibia, bearing in mind the effects of apartheid on women and children and the consequences for the people of Namibia of the militarization of the Territory and the activities of so-called security units including the Koevoet;

10. Further decides that the Ad Hoc Working Group, in consultation with the Special Committee against Apartheid and the United Nations Council for Namibia, should study ways and means in which the Commission might effectively contribute to the elimination of apartheid in Namibia;

11. Decides further that the Ad Hoc Working Group should continue to institute inquiries in respect of any persons suspected of having committed the crime of apartheid or other serious violations of human rights in Namibia and to bring the results of these inquiries to the attention of the Commission on Human Rights;

12. Requests the Ad Hoc Working Group to submit a report on its findings to the Commission at its forty-third session at the latest and to submit a progress report to the Commission at its forty-second session;

13. Decides that the Ad Hoc Working Group should continue to bring to the attention of the Chairman of the Commission on Human Rights, for whatever action he may deem appropriate, particularly serious violations that take place in Namibia;

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

15. Requests the Secretary-General to provide every assistance and the resources required to enable the Ad Hoc Working Group to discharge its responsibilities under the terms of the present resolution;

16. 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.



[1]31 Adopted at the 32nd meeting, on 26 February 1985, by a roll-call vote of 39 to none, with 4 abstentions. See chap. VI. [2]32 E/CN.4/1985/8.
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