Situation of human rights in Namibia.

1986/3. Situation of human rights in Namibia[1]15

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, 1984/4 of 28 February 1984 and 1985/7 of 26 February 1985, Recalling General Assembly resolution 40/97 A to F of 13 December 1985, Recalling further other resolutions and decisions declaring the illegality of the continued occupation of Namibia by South Africa, in particular Security Council resolution 284 (1970) of 29 July 1970 and the advisory opinion of the International Court of Justice of 21 June 1971,[2]16 Taking note of Security Council resolution 566 (1985) of 19 June 1985, by which the Council condemned the racist régime of South Africa for its installation of a so-called interim government and declared such action to be illegal, null and void, Having examined the chapters on Namibia contained in the progress report[3]17 submitted by the Ad hoc Working Group of Experts on southern Africa, Reaffirming its recognition of the inalienable right of all peoples to self-determination and independence in accordance with the principles of the Chatter 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, Deeply concerned at the explosive situation in Namibia arising from South Africa's continued illegal occupation of the Territory, its denial of the right of self-determination to the Namibian people and its militarization of the Territory, which it uses as a base for aggression against Angola, Strongly reiterating that such continuing illegal and colonial occupation of Namibia by South Africa, in defiance of repeated General Assembly and Security Council resolutions, 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, Deeply concerned at the continued collaboration of certain States and international institutions with the racist régime of South Africa, in disregard of the relevant resolutions of the General Assembly and the Security Council, Indignant at the continuing arbitrary imprisonment and detention of leaders, members and supporters of the South West Africa People's Organization, the killing, torture and murder of innocent Namibians and other inhuman measures by the illegal occupation régime designed to intimidate the Namibian people and to destroy their determination to fulfil their legitimate aspirations for self-determination, freedom and national independence in a united Namibia, Deeply concerned also at the gross violations of human rights in Namibia,

1. Reiterates its affirmation of 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, and declares again that the right to self-determination and independence can be legally exercised only in accordance with the conditions determined by the United Nations in Security Council resolutions 435 (1978) of 29 September 1978 and 439 (1978) of 13 November 1978;

2. Once again condemns South Africa for:

(a) The militarization in Namibia;

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

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

(d) Its proclamation of a so-called security zone in Namibia;

(e) Forcible displacement of Namibians from their homes;

(f) 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;

(g) 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;

(h) The exploitation and depletion of natural resources in violation of the decision of the United Nations and Decree No. 1 for the Protection of the Natural Resources of Namibia, enacted by the United Nations Council for Namibia on 27 September 1974;[4]18

3. Demands once again 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;

4. Declares that South Africa's illegal occupation of Namibia constitutes an act of aggression against the Namibian people in terms of the Definition of Aggression contained in General Assembly resolution 3314 (XXIX) of 14 December 1974;

5. Strongly condemns as unacceptable attempts by South Africa to impose the so-called interim government on Namibian people in total disregard of Security Council 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 and of other relevant resolutions of the General Assembly and the Security Council,

6. Denounces all fraudulent constitutional and political schemes through which the illegal racist regime of South Africa is attempting to perpetuate its colonial domination of Namibia and, therefore, calls upon the international community to continue to refrain 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,

7. Demands that South Africa unconditionally terminate all acts of aggression against neighbouring countries, particularly Angola, and withdraw all its armed forces from Angola;

8. Welcomes and endorses the universal and categorical rejection of the "linkage" advanced by South Africa and her allies between the independence of Namibia and irrelevant and extraneous issues, such as the presence of Cuban forces in Angola, and emphasizes unequivocally that such "linkage", in addition to delaying the decolonization process in Namibia, constitutes an interference in the internal affairs of Angola;

9. Strongly condemns the continued collaboration of certain States and international institutions with the racist régime of South Africa in disregard of the relevant resolutions of the General Assembly and the Security Council, and expresses its deep conviction that such collaboration helps to prolong South Africa's domination and control over the people and territory of Namibia;

10. Welcomes the decision of the United Nations Council for Namibia of 2 May 1985[5]19 to initiate legal proceedings in the domestic courts of States against corporations or individuals involved in the exploitation, transport, processing or purchase of Namibia's natural resources, as part of its efforts to give effect to Decree No. 1 for the Protection of the Natural Resources of Namibia;

11. Demands once again that South Africa immediately release all Namibian political prisoners, including all those imprisoned or detained under the so-called internal security laws, martial law or any other arbitrary measures, whether such Namibians have been charged or tried or are being held without charge in Namibia or South Africa;

12. Demands that South Africa account for all "disappeared" Namibians and release any who are still alive, and declares that South Africa shall be liable to compensate the victims, their families and the future lawful Government of an independent Namibia for the losses sustained;

13. Welcomes the decision of the General Assembly, in paragraph 20 of resolution 40/97 C, that an international conference for the immediate independence of Namibia should be held in 1986, as well as its decision, in resolution 40/97 F, to convene a special session of the General Assembly on the question of Namibia before its forty-first regular session;

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

15. Renews its request to the Ad hoc Working Group of Experts to bring to the attention of the Chairman of the Commission on Human Rights, for whatever action he may deem appropriate, particularly serious violations of human rights in Namibia which may come to its attention;

16. Requests the Ad hoc Working Group of Experts to report to the Commission on Human Rights at its forty-third session on the policies and practices which violate human rights in Namibia and to submit appropriate recommendations;

17. 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;

18. 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]15 Adopted at the 38th meeting, on 28 February 1986, by a roll-call vote of 36 to none, with 6 abstentions. See chap. VI, para. 89. [2]16 Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council resolution 276 (1970), Advisory Opinion, I.C.J. Reports, 1971, p. 16. [3]17 E/CN.4/1986/9, part two. [4]18 Official Records of the General-Assembly, Thirty-fifth Session, Supplement No. 24 (A/35/24), vol. I, annex II. [5]19 See A/AC.131/194.