Situation of human rights in South Africa

1992/19.
Situation of human rights in South Africa

The Commission on Human Rights, Recalling its resolutions 1989/5 of 23 February 1989, 1990/26 of 27 February 1990 and 1991/21 of 1 March 1991, Reaffirming the Declaration on Apartheid and its Destructive Consequences in Southern Africa, adopted by consensus on 14 December 1989 by the General Assembly in its resolution S-16/1, and recalling Assembly resolutions 45/176 A of 19 December 1990 and 46/79 A of 13 December 1991, which form the basis for peaceful change in South Africa, Recalling the report of the Special Committee against Apartheid (A/46/22), the second report of the Secretary-General on progress made in the implementation of the Declaration (A/45/1052), as well as the reports of the Secretary-General on the coordinated approach by the United Nations system on questions relating to South Africa (A/46/648) and on the concerted and effective measures aimed at eradicating apartheid (A/46/499), Having examined the interim report of the Ad Hoc Working Group of Experts on Southern Africa (E/CN.4/1992/8), Welcoming the overall progress made in initiating broad-based negotiations on the dismantling of apartheid through peaceful means in order to secure the establishment of a non-racial democracy in South Africa, Noting the measures taken by the South African authorities to repeal the major laws which had constituted the pillars of apartheid, namely, the Population Registration Act, the Land Acts and the Group Areas Act, and to amend the Internal Security Act, Commending the signatories of the National Peace Accord aimed at combating political violence and the efforts by all parties to promote a congenial atmosphere to permit the holding of broad-based peaceful negotiations on the dismantling of apartheid, Deeply concerned at the escalation of violence in townships with the alleged complicity of elements of security organs and its attendant threat to the right to life, at the failure to resolve to the satisfaction of all parties the issue of political prisoners and at continuing reports of deaths in detention and police custody, Welcoming the convening of the Convention for a Democratic South Africa to lay the groundwork for drafting a non-racial, democratic constitution and forming an interim government, Welcoming also the agreement concluded between the United Nations High Commissioner for Refugees and the South African authorities to enable the voluntary repatriation of refugees and exiles, Concerned at reports containing evidence that children are still subjected to arbitrary detention and inhuman treatment in South Africa, Concerned also that discriminatory laws and the provisions of the Internal Security Act permitting detention without charge remain in effect and that the prisoner release process has not yet been completed, Noting with concern that the "homelands" still remain outside the legal, political and administrative framework of South Africa, Gravely disturbed at the socio-economic inequalities in South Africa and at the accumulated negative impact of apartheid on the social, economic and cultural rights of the majority of the people of South Africa, Convinced that international pressure has accelerated positive developments in South Africa and continues to be necessary in that regard,

1. Reaffirms its support for the legitimate struggle of the South African people for the total eradication of apartheid through peaceful means and their right to establish a non-racial, democratic system which is consistent with the International Bill of Human Rights;

2. Also reaffirms the international consensus to oppose apartheid, support the peaceful struggle to eradicate apartheid and facilitate the creation of a non-racial, democratic South Africa;

3. Commends the Ad Hoc Working Group of Experts on Southern Africa for the updated documentation on the situation of human rights in South Africa contained in its interim report;

4. Congratulates all anti-apartheid groups and individuals inside and outside South Africa for their commitment and positive contributions to the efforts to dismantle apartheid;

5. Reiterates its deep concern at reported cases of arbitrary detention and inhuman treatment of detained children in South Africa;

6. Demands that the South African authorities fully respect section 29 of the Prisons Act, prevent the inhuman treatment of children In South Africa and ensure their basic and legitimate freedoms of movement, association and education;

7. Calls upon the South African authorities to exercise effectively their responsibility to maintain law and order, to stop the violence, to prosecute its perpetrators and to protect all citizens, irrespective of their political affiliation;

8. Also calls upon the South African authorities to allow an impartial investigation into the activities and conduct of elements of the security organs and State-funded front organizations concerning their alleged complicity in fomenting township violence and harassing legitimate anti-apartheid groups and their supporters;

9. Urges all the signatories of the National Peace Accord to abide by and to implement its provisions, and appeals to the non-signatories to observe the spirit of the Accord in order to enhance the atmosphere in which peaceful change can take place;

10. Welcomes the formation of the Patriotic/United Front in October 1991, aimed at promoting unity among anti-apartheid groups and enhancing their position in substantive broad-based negotiations on a new constitution and arrangements for the transition to a democratic order;

11. Also welcomes the convening of the Convention for a Democratic South Africa and the ongoing process, initiated by the Convention, to negotiate, inter alia, the principles and procedures for drafting a new constitution for South Africa and the establishment of a non-racial interim government as a step towards a non-racial, democratic government based on universal equal suffrage for a united South Africa;

12. Urges the South African authorities to improve the climate for legitimate political activity by releasing immediately any remaining political prisoners, putting an end to violence and permitting the unhindered return of refugees and exiles;

13. Calls upon the South African authorities to repeal all the provisions of the Internal Security Act which provide for detention without trial;

14. Reiterates the call to the South African authorities to expedite legal and administrative measures to abolish the system of "homelands" and to reincorporate them into South Africa;

15. Urges the South African authorities to repeal the remaining discriminatory apartheid laws, introduce the necessary legal and administrative measures to correct entrenched socio-economic inequalities and to implement and enforce without delay that legislation in the areas of education, health, housing and social welfare,

16. Also urges the South African authorities to advance the dismantling of apartheid by acceding to the International Covenants on Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination;

17. Welcomes the international consensus to lift restrictions on people-to-people contacts and cultural and scientific links with South Africa in recognition of the progress made so far towards the dismantling of apartheid;

18. Appeals to the international community to pursue a measured and flexible strategy to influence positively the political transition in South Africa through the phased application of appropriate pressures and to provide needed assistance and encouragement to the parties concerned in accordance with the extent and direction of change in South Africa;

19. Reiterates the call to all Governments to observe fully the mandatory arms embargo and the request to the Security Council to continue to monitor effectively the implementation of the embargo, as decided in Security Council resolution 418 (1977) of 4 November 1977;

20. Appeals to the international community to mobilize and increase material and financial assistance to the victims of apartheid in order to redress the socio-economic inequalities, particularly in the critical and urgent areas of education, health and housing;

21. Also appeals to the international community to assist the United Nations High Commissioner for Refugees and other humanitarian organizations in the repatriation and reintegration of South African refugees and exiles in safety and with dignity;

22. Further appeals to the international community to assist and enhance the role of humanitarian and human rights groups in extending assistance to victims of apartheid and in monitoring the situation of human rights in South Africa;

23. Calls upon the international community to mobilize additional resources in order to assist the front-line and neighbouring States, especially Mozambique and Angola, in the reconstruction of their socio-economic infrastructure and the rehabilitation of the victims of internal and external displacements after years of destabilization;

24. Renews its request to the South African authorities to allow the Ad Hoc Working Group of Experts on Southern Africa to visit South Africa, and to cooperate with it in appraising developments in the situation of human rights in South Africa;

25. Calls upon the Centre for Human Rights to respond at the appropriate time, as guided by the Secretary-General, to the needs of the changing situation in South Africa during the period of transition, in accordance with General Assembly resolution 46/79 A adopted by consensus;

26. Requests the Ad Hoc Working Group of Experts on Southern Africa to report to the Commission at its forty-ninth session.

47th meeting
28 February 1992
[Adopted without a vote. See chap. V.]