Situation of human rights in Namibia.

1989/3. Situation of human rights in Namibia

The Commission on Human Rights, Recalling its resolutions 1987/8 of 26 February 1987 and 1988/10 of 29 February 1988, Recalling all relevant resolutions of the General Assembly, in particular, resolutions 43/26 A to E of 17 November 1988, and Declaration AHG/Decl.1 (XXIV) Rev.1 adopted by the Assembly of Heads of State and Government of the Organization of African Unity at its twenty-fourth ordinary session, held at Addis Ababa from 25 to 28 May 1988 (A/43/398, 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, Recalling also 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 report of the Ad Hoc Working Group of Experts on southern Africa (E/CN.4/1989/8), Deeply concerned at the explosive situation in Namibia and the continued militarization of the Territory, Deeply concerned also at the continued forced recruitment and military training of Namibians by South Africa, at a time when an agreement has been reached for the implementation of Security Council resolution 435 (1978) of 29 September 1978, Deeply concerned further at the decision of South Africa to recruit members of the notorious "Koevoet" counter-insurgency units into the police force, especially as the latter is to be responsible for the maintenance of law and order during the transition period provided for in Security Council resolution 435 (1978), Reiterating that the 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, Noting with great concern that, notwithstanding the signing on 22 December 1988 of the Tripartite Agreement by Angola, Cuba and South Africa, the killing, torture and murder of innocent Namibians and the arbitrary imprisonment and detention of leaders, members and supporters of the South West Africa People's Organization by the South African colonial régime continue unabated, 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. Congratulates the Ad Hoc Working Group of Experts on the commendable and impartial manner in which it has prepared its report;

2. 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;

3. Once again condemns South Africa for:

(a) The militarization of Namibia;

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

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

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

(e) The 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, notwithstanding the signing of the Tripartite Agreement between Angola, Cuba and South Africa;

(h) The exploitation and depletion of Namibia's natural resources in violation of the decisions 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. 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;

5. Demands that South Africa co-operate with the United Nations until Security Council resolution 435 (1978) is fully implemented, so as to enable the people of Namibia to exercise their right to self-determination and independence;

6. Reaffirms that Security Council resolution 435 (1978) remains the only internationally accepted basis for a peaceful and definitive settlement of the Namibian problem;

7. Appeals to the Security Council, in fulfilment of the direct responsibility of the United Nations for Namibia, to adopt appropriate measures to implement the United Nations plan for the independence of Namibia as embodied in Security Council resolution 435 (1978);

8. Denounces all schemes by which South Africa attempts to achieve a neo-colonial solution to the Namibian problem, and strongly urges all States to reject such schemes;

9. Urges all Governments not to recognize any administration or entity installed in Namibia that does not ensue from free elections conducted under the supervision and control of the United Nations, in strict observance of the procedures and provisions of Security Council resolution 435 (1978);

10. Strongly condemns the continued arbitrary imposition of a curfew in Namibia and demands that South Africa terminate the curfew and immediately release unconditionally all Namibian political prisoners, including those imprisoned or detained under the so-called internal security laws, martial law or any other arbitrary measures;

11. Demands that South Africa account for all "disappeared" Namibians 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;

12. Demands that South Africa immediately discontinue its military build-up in Namibia, its imposition of military conscription of Namibians and the killing, torture and murder of innocent Namibians;

13. 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;

14. Condemns the use by South Africa of the international Territory of Namibia as a supply base for bandits of the Uniao Nacional para a Independência Total de Angola based in Angola;

15. Denounces racist South Africa for plotting to separate the Caprivi Strip and other parts of the Territory from the rest of Namibia;

16. Takes note of the Tripartite Agreement signed in New York on 22 December 1988 by Angola, Cuba and South Africa;

17. Strongly urges the immediate holding of free and fair elections in Namibia under the control and supervision of the United Nations in order to attain the long overdue self-determination and independence of the people of Namibia;

18. Calls for the unimpeded return of all Namibian refugees and exiles in order to facilitate their full and unfettered participation in the impending decolonization process envisaged under Security Council resolution 435 (1978);

19. Urges all Governments, the specialized agencies, other intergovernmental organizations and non-governmental organizations to provide increased material assistance to the thousands of Namibian refugees and exiles who have been forced by the oppressive policies of the apartheid régime to flee Namibia, and to help the Office of the United Nations High Commissioner for Refugees in their repatriation;

20. Calls upon all Governments to give full support and co-operation to the United Nations Transition Assistance Group, in order to enable it to carry out its mandate fully, as envisaged under Security Council resolution 435 (1978);

21. Further calls upon all parties concerned in the Namibian conflict to co-operate fully with the United Nations Transition Assistance Group in carrying out its mandate;

22. Welcomes the conclusions and recommendations contained in the report of the Ad hoc Working Group of Experts on southern Africa and requests the Ad hoc Working Group to make an on-the-spot investigation in 1989 of living conditions in Namibia and the treatment of its people by the racist South African régime;

23. 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 appropriate action, violations of human rights in Namibia which may come to its attention;

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

25. 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;

26. 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 the implementation of Security Council resolution 435 (1978) in its entirety, without amendments or modifications, and urges him to continue those efforts.

35th meeting
23 February 1989
[Adopted by a roll-call vote of 32 to none, with
10 abstentions, See chap. VI.]