The adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the colonial and racist regime in southern Africa.

1990/22. The adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the colonial and racist régime in southern Africa

The Commission on Human Rights, Recalling General Assembly resolutions 3382 (XXX) and 3383 (XXX) of 10 November 1975, 31/33 of 30 November 1976, 33/23 of 29 November 1978, 35/32 of 14 November 1980, 36/172 A to P of 17 December 1981, 37/39 of 3 December 1982, 39/15 of 23 November 1984, 41/95 of 4 December 1986 and 43/92 of 8 December 1988, Recalling also General Assembly resolutions 3201 (S-VI) and 3202 (S-VI) of 1 May 1974, containing the Declaration and the Programme of Action on the Establishment of a New International Economic Order, and 3281 (XXIX) of 12 December 1974, containing the Charter of Economic Rights and Duties of States, Recalling further General Assembly resolution 3171 (XXVIII) of 17 December 1973, relating to permanent sovereignty over natural resources of both developing countries and territories under colonial and foreign domination or subjected to the apartheid régime, and resolution 3362 (S-VII) of 16 September 1975, Bearing in mind its resolutions 7 (XXXIII) of 4 March 1977, 6 (XXXIV) of 22 February 1978, 9 (XXXV) of 5 March 1979, 11 (XXXVI) of 26 February 1980, 8 (XXXVII) of 23 February 1981, 1982/12 of 25 February 1982, 1983/11 of 18 February 1983, 1984/6 of 28 February 1984, 1985/9 of 26 February 1985, 1986/5 of 28 February 1986, 1987/9 of 26 February 1987, 1988/13 of 29 February 1988 and 1989/7 of 23 February 1989, Taking into account, in particular, the relevant decisions 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), by the Council of Ministers of that organization at its forty-sixth ordinary session, held at Addis Ababa from 20 to 25 July 1987 (A/42/699, annex I), by the Assembly of Heads of State and Government at its twenty fourth ordinary session, held at Addis Ababa from 25 to 28 May 1988 (A/43/398, annex II), and by the Council of Ministers at its fiftieth ordinary session, held at Addis Ababa from 17 to 22 July 1989 (A/44/603, annex I), Taking into account all the relevant resolutions of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on this matter, Taking note of the updated report prepared by the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on the adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist régime of South Africa (E/CN.4/Sub.2/1989/9 and Corr.1 and Add.1), Reiterating its appreciation of the opinions, restated by the Group of Three established under article IX of the International Convention on the Suppression and Punishment of the Crime of apartheid, that the actions of transnational corporations which operate in South Africa come under the definition of the crime of apartheid and that article III of that Convention could apply to the actions of such transnational corporations (E/CN.4/1990/35, para. 35), Reaffirming that any form of assistance given to the racist régime of South Africa constitutes a hostile act against the oppressed people of South Africa in their struggle for freedom and independence and obstructs efforts aimed at the elimination of colonialism, apartheid and racial discrimination in South Africa, Reaffirming that the utmost priority must be accorded to ensuring the full implementation of international instruments as well as the resolutions of the United Nations for the eradication of racism and apartheid, and the liberation of the people of South Africa from the racist and colonial régime, Noting with profound concern that the major Western and other trading partners of South Africa continue to collaborate with the racist régime, disregarding United Nations decisions relating to the total isolation of South Africa, and that their collaboration constitutes an obstacle to the liquidation of that racist régime and the elimination of the inhuman and criminal system of apartheid, Concerned that the persistence of certain banking and international financial institutions in rescheduling Pretoria's international debt and the granting of new loans are hostile acts against the oppressed in South Africa and pose a major challenge to the Governments and peoples of the world committed to the speedy eradication of racist minority rule in that country, Alarmed at the continued collaboration of Western States and Israel with the racist régime of South Africa in the nuclear field, Regretting that the Security Council has not been in a position to take binding decisions to prevent any collaboration in the nuclear field with South Africa, Conscious of the continuing need to mobilize world public opinion against the political, military, strategic, economic and other forms of assistance given to the racist régime of South Africa, Welcoming the establishment of the Action for Resisting Invasion, Colonialism and apartheid Fund (AFRICA Fund) by the Eighth Conference of Heads of State or Government of non-Aligned Countries, held at Harare from 1 to 6 September 1986, and the launching of the Fund following the AFRICA Fund summit meeting, held at New Delhi on 24 and 25 January 1987,

1. Reaffirms the inalienable right of the oppressed people of South Africa to self-determination, independence and enjoyment of the natural resources of their territories;

2. Again reaffirms the right of the people of South Africa to dispose of those resources for their greater well being and to obtain just reparation for the exploitation, depletion, loss or depreciation of those natural resources, including reparation for the exploitation and abuse of their human resources;

3. Vigorously condemns the assistance rendered by the major Western States and Israel to South Africa in the political, economic, financial and particularly the military field, expresses its conviction that this assistance constitutes a hostile action against the people of South Africa and the neighbouring States, since it is bound to strengthen the military capability of the racist régime, and demands that such assistance be immediately terminated;

4. Condemns the continuing nuclear collaboration of Western States, Israel and other States with the racist régime of South Africa and urges those States to cease and desist forthwith from supplying South Africa with nuclear equipment and technology, which enable it to develop a nuclear weapon capability that threatens peace and international security and obstructs efforts to eliminate apartheid;

5. Notes with appreciation the important measures taken by the Nordic and some Western States, parliamentarians, institutions, trade unions and non-governmental organizations in order to exert pressure on the racist régime of South Africa, and calls upon them to redouble and intensify their efforts to force the racist régime to comply with resolutions and decisions of the United Nations on South Africa;

6. Takes note with satisfaction of the disinvestment, trade restrictions and other positive measures taken by some countries and transnational corporations, and urges them to continue in this direction;

7. Notes with dissatisfaction and concern that certain States are taking advantage of the disinvestment measures and trade restrictions imposed by some States in South Africa to increase their own trade relations with that régime;

8. Once again calls upon all Governments that have not yet done so to take legislative, administrative or other measures in respect of their nationals and the bodies corporate under their jurisdiction and control that own and operate enterprises in South Africa with a view to putting a stop to their trading, manufacturing and investing activities in South Africa.

9. Once again calls upon the same Governments to take measures to end all technological assistance or collaboration in the manufacture of arms and military supplies in South Africa and in particular to cease all collaboration with South Africa in the nuclear field;

10. Rejects all policies which encourage the racist régime of South Africa to intensify its repression of the people of South Africa and escalate its acts of aggression against the neighbouring States in defiance of the resolutions and decisions of the United Nations;

11. Welcomes the request of the General Assembly that the Security Council urgently consider complete and mandatory sanctions under Chapter VII of the Charter of the United Nations against the racist, colonial régime of South Africa, in particular:

(a) The prohibition of all technological assistance or collaboration in the manufacture of arms and military supplies in South Africa,

(b) The cessation of all collaboration with South Africa in the nuclear field,

(c) The prohibition of all loans to, and all investment in, South Africa and the cessation of any trade with South Africa,

(d) An embargo on the supply of petroleum, petroleum products and other strategic goods to South Africa,

12. Demands that South Africa cease forthwith its acts of aggression aimed at undermining the economies and destabilizing the political institutions of neighbouring States;

13. Appeals to all States, specialized agencies, regional, intergovernmental and non-governmental organizations to extend all possible co-operation to the liberation movements of southern Africa recognized by the United Nations and the Organization of African Unity;

14. Welcomes the establishment of the Action for Resisting Invasion, Colonialism and Apartheid Fund, and appeals to the international community to contribute to the Fund;

15. Urgently requests all specialized agencies, particularly the International Monetary Fund, to refrain from granting any type of loan or financial assistance to the racist régime of South Africa;

16. Calls upon States, the specialized agencies and regional, intergovernmental and non-governmental organizations to continue and intensify their campaign to mobilize international public opinion for the enforcement of economic and other sanctions against the Pretoria régime;

17. Expresses its appreciation to the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities for his updated report on the adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonial régime of South Africa and decides to renew his mandate for a further two years;

18. Reaffirms that the updating of the report of the Special Rapporteur is of the greatest importance to the cause of fighting apartheid and other violations of human rights in South Africa;

19. Invites the Special Rapporteur:

(a) To continue to update, subject to annual review, the list of banks, transnational corporations and other organizations assisting the racist and colonialist régime of South Africa, giving such details regarding enterprises listed as he may consider necessary and appropriate, including explanations of responses, if any, and to submit the updated report, through the Economic and Social Council, to the General Assembly at its forty-fifth session,

(b) To use all available material from other United Nations organs, Member States, national liberation movements recognized by the Organization of African Unity, specialized agencies and other intergovernmental and non-governmental organizations, as well as other relevant sources in order to indicate the volume, nature and adverse human consequences of the assistance given to the racist régime of South Africa,

(c) To intensify direct contacts with the United Nations Centre on Transnational Corporations, the Centre against apartheid of the Secretariat and the United Nations Council for Namibia, with a view to consolidating mutual co-operation in updating the report,

20. Invites the Secretary-General to give the updated report the widest dissemination, to issue it as a United Nations publication and to make it available to learned societies, research centres, universities, political and humanitarian organizations and other interested groups;

21. Calls upon all Governments to co-operate with the Special Rapporteur in making the report even more accurate and informative;

22. Decides to consider the question at its forty-seventh session under the agenda item "The adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the colonial and racist régime in southern Africa".

42nd meeting
27 February 1990
[Adopted by a roll-call vote of 31 to 8, with
4 abstentions. See chap. VI.]