Petitions relating to the Territory of South West Africa

XVI. RESOLUTION ADOPTED ON THE REPORT OF THE FOURTH COMMITTEE
1703. Petitions relating to the Territory of South West Africa

The General Assembly, Having accepted the advisory opinion of 11 July 1950 of the International Court of Justice on the question of South West Africa,[1] Having authorized the Committee on South West Africa, by resolution 749 A (VIII) of 28 November 1953, to examine petitions in accordance with the Mandates procedure of the League of Nations, Having received a report from the Committee dealing with petitions relating, inter alia, to the status of South West Africa and conditions in the Territory, the situation in the Windhoek Location, conditions in the Ovamboland Native Reserve, conditions in the Warmbad Native Reserve, and conditions in the Hoachanas Native Reserve,[2] Noting with disappointment that its recommendations to the South African Government in resolutions 1564 (XV), 1567 (XV) and 1568 (XV), paragraph 3, of 18 December 1960, relating to political freedom in South West Africa, to the Windhoek Location, and generally to the question of South West Africa, have never been implemented, Noting with the gravest concern, as evidenced in the petitions, the unswerving determination of the Mandatory Power to intensify the application of its apartheid policy and of other policies contrary to the principles and purposes of the Mandate, and that any attempts to protest or resist those policies have been met only by the dismissal from employment, arrest, deportation and exile of the persons, leaders and members of African political organizations concerned, Noting with the gravest concern and regret that South African military troops stationed in the Territory have been considerably reinforced, and that the local police, aided by the military forces, have raided Native homes, locations and reserves in search of evidence of political activity and to clear urban areas, which are regarded as European, of passless Natives, Noting particularly that all these actions are repugnant to the letter and spirit of the Mandate, and have led to mounting tension and unrest in the Territory, Noting with the deepest disappointment and regret that the unbending line of policy and method pursued by the South African Government in its administration of the Territory, contrary to its solemn obligations under the Mandate, has resulted in the oppression of the indigenous inhabitants and, in particular, that fourteen Africans were charged with alleged public violence in connexion with the disturbances that occurred in the Windhoek Location in December 1959, in which eleven Africans were killed and others wounded when police and soldiers opened fire on a crowd of Location residents who were protesting the impending removal to the new location at Katutura, Noting, however, that, according to the statement made by the Minister for Foreign Affairs of South Africa at the 1218th meeting of the Fourth Committee, on 21 November 1961, the Court found that the evidence before it did not justify conviction and the defendants were discharged,

1. Urgently calls upon the Government of the Republic of South Africa and the Administration of South West Africa immediately to desist from further acts of force in the Mandated Territory designed either to suppress African political movements or to enforce apartheid measures imposed by law and administrative rulings, to refrain from vexatious prosecutions of Africans on political grounds, and, to ensure the free exercise of political rights and freedom of expression to all sections of the population;

2. Draws the attention of the petitioners concerned to the report of the Committee on South West-Africa on conditions in the Territory[3] and to the special report of the Committee on the implementation of General Assembly resolutions 1568 (XV) of 18 December 1960 and 1596 (XV) of 7 April 1961[4] submitted to the Assembly at its sixteenth session, as well as to the action taken on the reports by the Assembly.

1083rd plenary meeting,
19 December 1961.

---

[1] International status of South-West Africa, Advisory Opinion: I.C.J. Reports 1950, p. 128. [2] Official Records of the General Assembly, Sixteenth Session, Supplement No. 12 (A/4957), part I, section Ill. [3] Ibid., part II. [4] Ibid., Supplement No 12A (A/4926).