Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist regime of South Africa.

1991/17. Adverse consequences for the enjoyment of human rights of Political. military, economic and other forms of assistance given to the racist and colonialist régime in South Africa

The Commission on Human Rights, Recalling all General Assembly resolutions on this matter, Welcoming with satisfaction the Declaration on Apartheid and its Destructive Consequences in Southern Africa contained in General Assembly resolution S-16/1 adopted by consensus on 14 December 1989, and General Assembly resolution 44/244 of 17 September 1990, 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, 1989/7 of 23 February 1989 and 1990/22 of 27 February 1990, Taking into account the relevant decisions adopted by the Assembly of Heads of State and Government of the Organization of African Unity, in particular at its twenty-sixth ordinary session, held at Addis Ababa from 9 to 11 July 1990 (see A/45/482, annex II), Taking note of all the resolutions of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on this matter, Taking note with appreciation of the updated report prepared by the Special Rapporteur of the Sub-Commission 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.2/1990/13 and Add.1), Reiterating its appreciation of the conclusion, re-endorsed by the Group of Three established under article IX of the International Convention on the Suppression and Punishment of the Crime of Apartheid (E/CN.4/1991/42, para. 23), that transnational corporations operating in South Africa must be considered, in conformity with article III (b) of the Convention, accomplices in the crime of apartheid and must be prosecuted for their responsibility in the continued existence of that crime, Strongly Convinced that sanctions and other restrictive measures have had a significant impact on recent developments in South Africa and remain a most effective and necessary instrument of pressure to bring about the peaceful resolution of the conflict in that country, 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, 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 eradication of the 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, Alarmed at the continued collaboration of some 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,

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. 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;

3. Condemns the continuing nuclear collaboration of some 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;

4. Notes with appreciation the important measures taken by 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 maintain their efforts to force the racist régime to comply with resolutions and decisions of the United Nations on South Africa;

5. 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;

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

7. Once again calls upon all Governments that have not yet dons 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;

8. 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;

9. 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;

10. Calls upon all Governments to maintain sanctions and all forms of pressure against the South African régime until agreement has been reached on transitional arrangements and modalities on the process of drawing up and adopting a new constitution and the holding of elections with a view to achieving an irreversible transition to a united, democratic and non-racial South Africa;

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

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

13. 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;

14. 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 maintenance of economic and other sanctions against the Pretoria régime;

15. 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;

16. 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;

17. 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;

18. Calls upon all Governments to cooperate with the Special Rapporteur in making the report even more accurate and informative;

19. Decides to consider the question at its forty-eighth session under the agenda item "Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist régime in South Africa".

47th meeting
1 March 1991
[Adopted by a roll-call vote of 25 to 13, with
3 abstentions. See chap. VI.]
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