Situation of human rights in South Africa.

1987/14. Situation of human rights in South Africa

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, 1985/8 of 26 February 1985 and 1986/4 of 28 February 1986, 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 report of the Ad Hoc Working Group of Experts on southern Africa (E/CN.4/AC.22/1987/1 and E/CN.4/1987/8), Recognizing the value of the reports of the Ad Hoc Working Group of Experts 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 of Experts has concluded in its previous reports 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, Outraged by South Africa's escalation of acts of terrorism, especially the use of the army, the police and murder squads in the black African townships, where massacres and daily killings of defenceless men, women and children have become the order of the day, Deeply concerned about racist South Africa's undeclared war of destabilization of and aggression against the neighbouring independent African States, Noting with indignation Pretoria's persistent blackmail, coercion, and threats of full-scale aggression against southern African States, Reiterating its conviction that the apartheid system in South Africa is the root cause of conflict in the sub-continent and that this inhuman policy constitutes a threat to international peace and security, Considering that the South African people's struggle in all its forms for a united, non-racial democratic society enjoys the full support of the progressive international community, Convinced that the immediate imposition of effective sanctions against South Africa can help to avert the outbreak of a racial conflagration in the region, Satisfied with the success scored by the oppressed people of South Africa in their united mass action to make the apartheid system unworkable, Appreciating the world-wide momentum against apartheid and the consensus in favour of sanctions against racist South Africa, Appreciating the continuing supportive role of the front-line and other neigbbouring States at this time of perseverance and steadfastness, and their call for the immediate lifting of the ban on the African National Congress of South Africa, the Pan Africanist Congress of Azania and other political organizations,

1. Congratulates the Ad Hoc Working Group of Experts for the commendable and impartial manner in which it has prepared its 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. Strongly condemns the dramatic escalation of violations of human rights in South Africa since the imposition of the state of emergency in June 1986 and other subsequent regulations;

6. Strongly condemns also the widespread detention and incarceration of children under the inhuman apartheid penal system;

7. Unequivocally rejects South Africa's so-called reforms, which fall short of the termination of the existing state of emergency, the abolition of the apartheid laws, the dismantling of the "bantustans", the lifting of the bans on all political organizations and parties, the return of all political exiles and freedom fighters and the unconditional release of all political prisoners with whom the régime must deal in bringing about changes based on the "one person, one vote" principle in a non-fragmented South Africa;

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

9. Demands the lifting of the ban on the African National Congress of South Africa, the Pan Africanist Congress of Azania and other political organizations;

10. 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;

11. 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;

12. 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, arresting and maltreating black trade-union leaders;

13. 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;

14. Commends all movements and mass organizations of South Africa for their resistance and united action to make the apartheid system unworkable;

15. 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;

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

17. Condemns South Africa for 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;

18. Commends the front-line and other neighbouring States for their unending sacrifice to the cause of freedom and human dignity in South Africa and calls upon the international community to increase its financial, material, political and moral support to the national liberation movements of South Africa and also the front-line States to enhance their capability to bring to an immediate end apartheid and its diabolic and repressive institutions;

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

20. Deeply regrets the fact that the Security Council was prevented on 20 February 1987 from imposing mandatory sanctions against the South African régime under Chapter VII of the Charter of the United Nations;

21. Expresses the fervent hope that the Security Council will be enabled, in the very near future, to impose mandatory sanctions against the South African régime, in discharge of its responsibility under Chapter VII of the Charter of the United Nations;

22. Endorses, pending the adoption of comprehensive and mandatory sanctions, the following measures that have been adopted by certain countries and organizations and commends them to the wider international community for urgent adoption and implementation:

(a) Prohibition of the transfer of technology to South Africa;

(b) Cessation of exports, sales or transport of oil and oil products to South Africa, and of any co-operation with South Africa's oil industry;

(c) Cessation of further investments in and financial loans to South Africa or Namibia and of any governmental insurance guarantee of credits to the racist régime

(d) Cessation of all promotion of or support for trade with South Africa, including governmental assistance to trade missions;

(e) Prohibition of the sale of krugerrand and any other coins minted in South Africa;

(f) Prohibition of imports from South Africa of agricultural products, coal, uranium, iron and steel, etc.;

(g) Termination of any visa-free entry privileges and of the promotion of tourism to South Africa;

(h) Termination of air and shipping links with South Africa;

(i) Cessation of all academic, cultural, scientific and sports relations with South Africa, and of relations with individuals, institutions and other bodies endorsing or based on apartheid;

(j) Suspension or abrogation of agreements with South Africa, such as agreements on cultural and scientific co-operation;

(k) Termination of double taxation agreements with South Africa;

(l) Ban on Government contracts with majority-owned South African companies;

23. Strongly recommends to the Economic and Social Council that, in order fully to sensitize international public opinion, particularly that of youth, to the realities of apartheid, a year be declared "Academic Year against Apartheid" and that the subject "The evils of apartheid" be taught in all educational institutions throughout the world;

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

25. Decides to renew the mandate of the Ad Hoc Working Group of Experts, composed of the following persons acting in their personal capacity:

Mr. Elly Elikunda E. M'Tango (United Republic of Tanzania), Mr. Branimir Jankovic (Yugoslavia); Mr. Felix Ermacora (Austria); Mr. Humberto Díaz Casanueva (Chile); Mr. Mulka Govinda Reddy (India) and Mr. Mikuin Leliel Balanda (Zaire);

26. 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;

27. 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;

28. Takes note of the studies and findings of the Ad Hoc Working Group of Experts contained in its report;

29. 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 the investigation;

30. Requests the Ad Hoc Working Group of Experts 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;

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

32. Requests the Ad Hoc Working Group of Experts to submit its final report to the Commission at its forty-fourth session;

33. 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;

34. 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.

44th meeting
3 March 1987
[Adopted by a roll-call vote of 36 to 3, with
3 abstentions. See chap. VI.]
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