Situation of human rights in Namibia.

1988/10. Situation of human rights in Namibia

The Commission on Human Rights, Recalling its resolution 1987/8 of 26 February 1987, Recalling General Assembly resolutions 40/97 A to F of 13 December 1985, S-14/1 of 20 September 1986, 41/39 A to E of 20 November 1986 and 42/14 A to E of 6 November 1987 and Declaration AHG/Decl.2 (XXIII) adopted by the Assembly of Heads of State and Government of the Organization of African Unity at its twenty-third ordinary session, held at Addis Ababa from 27 to 29 July 1987 (A/42/699, annex II), Reaffirming its recognition of 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, 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, 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 and null and void, Having examined the interim report of the Ad Hoc Working Group of Experts on southern Africa (E/CN.4/1988/8), Noting that 1988 is the fortieth anniversary of the Universal Declaration of Human Rights, the twenty-second anniversary of the termination by the General Assembly of the mandate of South Africa over Namibia and the tenth anniversary of the adoption by the Security Council of resolution 435 (1978) of 29 September 1978 and that nevertheless South Africa continues its illegal occupation of Namibia in defiance of the United Nations, Deeply concerned at the explosive situation in Namibia, the militarization of the Territory and its use by South Africa as a base for aggression against Angola, Reiterating that such continuing illegal and colonial occupation of Namibia by South Africa 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 also at the gross violations of human rights in Namibia, 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 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, Stressing the solemn responsibility of the international community to take all effective measures in support of the Namibian people in their liberation struggle under the leadership of the South West Africa People's organization,

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 of 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 régime 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;

3. Reiterates 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 the annex to General Assembly resolution 3314 (XXIX) of 14 December 1974;

4. 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;

5. Strongly condemns the attempts by South Africa to impose the so-called interim government on the 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, and 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;

6. Deplores, in this context, the establishment and operation by racist South Africa of the so-called Namibia information offices in Paris, Bonn, London and Washington, among other cities, aimed at legitimizing its puppet institutions in Namibia, in particular the so-called interim government for which the racist régime has been condemned by the Security Council and the international community, and demands their immediate closure;

7. Declares that all so-called laws and proclamations issued by the illegal occupation régime in Namibia are illegal and null and void;

8. Appeals to the Security Council to act decisively against any dilatory manoeuvres and fraudulent schemes of the illegal occupation régime of South Africa aimed at frustrating the legitimate struggle of the Namibian people for self-determination and national liberation under the leadership of the South West Africa People's Organization;

9. Condemns the use by South Africa of the international Territory of Namibia as a springboard for aggression against Angola and other front-line States;

10. Endorses the universal rejection of the "linkage" between the independence of Namibia and irrelevant and extraneous issues, such as the presence of Cuban forces in Angola, and emphasizes that such "linkage", in addition to delaying the decolonization process in Namibia, constitutes interference in the internal affairs of Angola;

11. Strongly condemns the continued collaboration of certain States and international institutions with the racist régime of South Africa as well as foreign economic interests operating in Namibia 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;

12. Requests once again all Member States, particularly those States whose corporations are engaged in the exploitation of Namibian resources, to make all appropriate measures, including legislative and enforcement action, to ensure that all corporations and individuals within their jurisdiction fully apply and comply with the provisions of Decree No. 1 for the Protection of the Natural Resources of Namibia;

13. Welcomes the decision of the United Nations Council for Namibia of 2 May 1985 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;

14. Denounces the intention of the Government of South Africa to separate the Caprivi Strip and other parts of the Territory from the rest of Namibia;

15. Appeals to the Security Council, in view of the persistent refusal of the racist régime of South Africa to comply with the resolutions and decisions of the United Nations on the question of Namibia, and in the light of the serious threat to international peace and security posed by South Africa, to impose comprehensive mandatory sanctions against that régime as provided for in Chapter VII of the Charter of the United Nations;

16. Expresses its appreciation to the Nordic and other Western States which have applied economic sanctions against the racist régime of South Africa;

17. 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;

18. Affirms that the liberation struggle in Namibia falls within the scope of article 1, paragraph 4, of Additional Protocol I of 1977 to the Geneva Conventions of 12 August 1949, and, in this regard, demands that the Conventions and Additional Protocol I be applied by South Africa, and in particular that all captured freedom fighters be accorded prisoner-of-war status as called for by the Geneva Convention relative to the Treatment of Prisoners of War and Additional Protocol I;

19. 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;

20. Welcomes the Vienna Declaration and Programme of Action on Namibia, adopted by the International Conference for the Immediate Independence of Namibia, held at Vienna from 7 to 11 July 1986, and urges the international community to implement them;

21. Reiterates the request that South Africa allow the Ad Hoc Working Group of Experts to make an laws investigation of living conditions in the prisons in Namibia and the treatment of prisoners;

22. 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;

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

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

25. Expresses its appreciation to the Secretary-General for his personal commitment to the independence of Namibia and for his efforts aimed at the implementation of resolutions and decisions of the United Nations on the question of Namibia, particularly Security Council resolution 435 (1978), and urges him to continue those efforts;

26. 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.

40th meeting
29 February 1988
[Adopted by a roll-call vote of 34 to none, with
9 abstentions. See chap. VI.]