Situation of human rights in South Africa.

1986/4. Situation of human rights in South Africa[1]20

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, 1982/8 of 25 February 1982, 1983/9 of 18 February 1983, 1984/5 of 28 February 1984 and 1985/8 of 26 February 1985, Recalling General Assembly resolutions 39/15 of 23 November 1984 and 40/64 A to I of 10 December 1985 and Economic and Social Council resolution 1984/42 of 24 May 1984, Having examined the progress report of the Ad Hoc Working Group of Experts on southern Africa,[2]21 Recognizing the value of the reports of the Ad Hoc Working Group in the efforts of the United Nations to expose and combat apartheid and gross violations of human rights in South Africa, Noting that the Ad Hoc Working Group has concluded that the effects of apartheid have resulted in certain criminal consequences similar to those prohibited in the Convention on the Prevention and Punishment of the Crime of Genocide, Noting that gross and cruel violations of human rights under apartheid continue to take place in South Africa,

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

2. Expresses its profound indignation at the fact that apartheid remains institutionalized;

3. Denounces again the policy of "bantustanization" the forced removals of the black population, the policy of so-called "voluntary" removals and the policy of denationalization;

4. Affirms the conviction that apartheid cannot be reformed but should be abolished in all its forms and hence reaffirms its rejection as null and void of the so-called constitutional arrangements in South Africa, as they, inter alia;

(a) Serve to perpetuate apartheid and other forms of racial intolerance and discrimination;

(b) Continue to exclude the majority black population from participating in the political, social, economic and cultural life of their country;

(c) Continue to deny the black population their full citizenship rights;

5. Expresses its deep concern at the dramatic escalation of violations of human rights in South Africa since the imposition of the state of emergency in July 1985, particularly:

(a) The harassment, intimidation and repression of opponents of apartheid and racial discrimination;

(b) The unrestrained use of violence, including lethal force, in dealing with unarmed demonstrators and legitimate protests against the policies of apartheid;

(c) The banning and harassment of popular organizations opposed to the apartheid system in all its forma;

(d) The persistent persecution of the trade-union movement as exemplified by the current attempts to prosecute some of the trade-union leadership on charges of treason;

(e) The indiscriminate arrests, detention and torture of political activists;

(f) The widespread physical and psychological abuse of detainees and prisoners, particularly evident since the declaration of the state of emergency;

(g) The sinister emergence of abductions, disappearances and assassinations directed at opponents of apartheid in South Africa;

(h) The killing, torture and other forms of ill-treatment of captured freedom fighters, including those held by the so-called independent homeland authorities;

(i) The persistence of a discriminatory educational system of inferior quality for black South Africans;

(j) The continued adverse effect a, particularly on women and children, of the policies of apartheid;

(k) The widespread detention and incarceration of minors in the inhumane apartheid penal system;

(l) The unilateral restrictions imposed by the South African Government on the mass media in their reporting of the apartheid atrocities;

6. Totally rejects any manoeuvres by South Africa to avoid the abolition of apartheid through the so-called reform Measures;

7. Demands the unconditional and immediate release of Mr. Nelson Mandela, Mr. Zephania Mothopeng and all political prisoners in South Africa;

8. Demands that South Africa desist from its brutal repression, torture and harassment of organizations and individuals engaged in the legitimate struggle against the apartheid policies;

9. Strongly condemns South Africa for its indiscriminate use of force against unarmed demonstrators, its widespread use of torture against political opponents and its inhumane detention and incarceration of minors;

10. Calls on South Africa to respect international standards on trade-union rights in respect of black trade unions and particularly to desist from harassing, intimidating, attesting and maltreating black trade-union leaders;

11. Demands that South Africa repeal its ban on the popular organizations so as to afford the masses of South Africa access to legitimate vehicles for expressing their political, social and cultural aspirations;

12. Demands that South Africa take immediate steps to ensure that all South Africans are afforded the opportunity of access to a unified, free educational system designed to be consistent with the development of a profound appreciation of the brotherhood of mankind, liberty and peace;

13. Demands that South Africa immediately and completely abolish the unjust and inhumane system of apartheid in all its forma;

14. Condemns South Africa foe its military pressures and other destabilization policies towards the front-line States and for its support, encouragement and provision of material resources to armed bands and mercenaries who seek to destabilize front-line and neighbouring States;

15. Urges all States which have not yet done so to cease any form of collaboration with or assistance to the racist régime of South Africa;

16. Recalls the decision of the General Assembly in resolution 40/64 C of 10 December 1985 to organize a World Conference on Sanctions against Racist South Africa in 1986;

17. Recalls the adoption by the General Assembly of the International Convention against A in resolution 40/64 G of Apartheid in Sports 10 December 1985;

18. 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-Rapporteurp; Mr. Branimir Jankovic (Yugoslavia); Mr. Felix Ermacora (Austria); Mr. Humberto Díaz Casanueva (Chile); Mr. Mulka Govinda Reddy (India) and Mr. Mikuin Leliel Balanda (Zaire);

19. Decides that the Ad Hoc Working Group of Experts should continue to investigate and study the policies and practices which violate human rights in South Africa and Namibia;

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

21. Takes note of the studies and findings of the Ad Hoc Working Group of Experts on the relationship between apartheid and genocide contained in the report[3]22 prepared pursuant to paragraph 14 of Commission on Human Rights resolution 1983/9 and Requests the Ad Hoc Working Group of Experts to continue its investigation of the matter;

22. Renews its request to the Government of South Africa to allow the Ad Hoc Working Group of Experts to make on-the-spot investigations of the living conditions in prisons in South Africa and Namibia and the treatment of prisoners in such a manner that:

(a) The Ad Hoc Working Group of Experts would be guaranteed free, confidential access to any prisoner, detainee, ex-prisoner, ex-detainee or any other persons;

(b) The South African Government would provide a firm undertaking that any person providing evidence for such an investigation would be granted immunity from any State action arising from participation in such investigations;

23. 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, particularly serious violations of human rights in South Africa which may come to its attention during its studies;

24. Authorizes the Chairman of the Ad Hoc Working Group to participate in conferences, symposia, seminars or other events connected with action against apartheid organized under the auspices of the Special Committee against Apartheid;

25. Requests the Ad Hoc Working Group to submit its final report to the Commission at its forty-third session;

26. Requests the Secretary-General to provide every assistance within available resources to enable the Ad Hoc Working Group of Experts to discharge its responsibilities in accordance with the relevant provisions of the present resolution;

27. 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[4]23 to enable the Ad Hoc Working Group to continue its study, and to submit a report to the Commission at its forty-third session.

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[1]20 Adopted at the 38th meeting, on 28 February 1986, by a roll-call vote of 39 to none, with 3 abstentions. See chap. VI, para. 98. [2]21 E/CN.4/1986/9. [3]22 E/CN.4/1985/14. [4]23 E/CN.4/1426.