Apartheid, South Africa and International Law

ANNEX II

EXTRACTS FROM DECLARATIONS OF THE UNITED NATIONS GENERAL ASSEMBLY AND THE SECURITY COUNCIL

A. GENERAL ASSEMBLY

Resolution 1514 (XV) of 14 December 1960 on the Declaration on the Granting of Independence to Colonial Countries and Peoples

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The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation.
All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence.
All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected.
Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom.
Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.
All States shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declaration on the basis of equality, non-interference in the internal affairs of all States, and respect for the sovereign rights of all peoples and their territorial integrity.

Resolution 2131 (XX) of 21 December 1965 on the Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of their Independence and Sovereignty

All States shall respect the right of self-determination and independence of peoples and nations, to be freely exercised without any foreign pressure, and with absolute respect for human rights and fundamental freedoms. Consequently, all States shall contribute to the complete elimination of racial discrimination and colonialism in all its forms and manifestations.

Resolution 2625 (XXV) of 24 October 1970 on the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations

The General Assembly,

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Convinced that the principle of equal rights and self-determination of peoples constitutes a significant contribution to contemporary international law, and that its effective application is of paramount importance for the promotion of friendly relations among States, based on respect for the principle of sovereign equality.

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Solemnly proclaims the following principles:

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... States shall co-operate in the promotion of universal respect for, and observance of, human rights and fundamental freedoms for all and in the elimination of all forms of racial discrimination and all forms of religious intolerance;

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By virtue of the principle of equal rights and self-determination of peoples enshrined in the Charter of the United Nations, all peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter.

Every State has the duty to promote, through joint and separate action, realisation of the principle of equal rights and self-determination of peoples, in accordance with the provisions of the Charter, and to render assistance to the United Nations in carrying out the responsibilities entrusted to it by the Charter regarding the implementation of the principle, in order:

To promote friendly relations and co-operation among States; and
To bring a speedy end to colonialism, having due regard to the freely expressed will of the peoples concerned;

and bearing in mind that subjection of peoples to alien subjugation, domination and exploitation constitutes a violation of the principle, as well as a denial of fundamental human rights, and is contrary to the Charter.

Every State has the duty to promote through joint and separate action universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter.

Every State has the duty to refrain from any forcible action which deprives peoples referred to above in the elaboration of the present principle of their right to self-determination and freedom and independence. In their actions against, and resistance to, such forcible action in pursuit of the exercise of their right to self-determination, such peoples are entitled to seek and to receive support in accordance with the purposes and principles of the Charter.

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Resolution 3314 (XXIX), annex, of 14 December 1974 on the Definition of aggression

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Nothing in this Definition, and in particular article 3, could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of the peoples forcibly deprived of that right and referred to in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes or other forms of alien domination; nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration.

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Resolution 3411 C (XXX) of 28 November 1975 on the special responsibility of the United Nations and the international community towards the oppressed people of South Africa

The General Assembly,

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Proclaims that the United Nations and the international community have a special responsibility towards the oppressed people of South Africa and their liberation movements, and towards those imprisoned, restricted or exiled for their struggle against apartheid.

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Resolution 31/6 A of 26 October 1976 on the so-called independent Transkei and other bantustans

The General Assembly,

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Strongly condemns the establishment of bantustans as designed to consolidate the inhuman policies of apartheid, to destroy the territorial integrity of the country, to perpetuate white minority domination and to dispossess the African people of South Africa of their inalienable rights;
Rejects the declaration of ‘independence’ of the Transkei and declares it invalid;
Calls upon all Governments to deny any form of recognition to the so-called independent Transkei and to refrain from having any dealings with the so-called independent Transkei or other bantustans;
Requests all States to take effective measures to prohibit all individuals, corporations and other institutions under their jurisdiction from having any dealings with the so-called independent Transkei or other bantustans.

Resolution 32/105 J of 14 December 1977 on assistance to the national liberation movement of South Africa

The General Assembly,

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Strongly reaffirms the inalienable right of the people of South Africa as a whole, irrespective of race, colour or creed, to determine, on the basis of majority rule, the future of South Africa;
Further reaffirms the legitimacy of the struggle of the oppressed people of South Africa and their national liberation movement for the eradication of apartheid and the exercise of the right of self-determination by the people of South Africa as a whole;
Declares that, in view of the intransigence of the racist regime, its defiance of resolutions of the United Nations and its continued imposition of the criminal policy of apartheid, the national liberation movement has an inalienable right to continue its struggle for the seizure of power by all available and appropriate means of its choice, including armed struggle;
Further declares that the international community should provide all assistance to the national liberation movement of South Africa in its legitimate struggle and exercise all its authority, under the provisions of the Charter of the United Nations, including Chapter VII, to facilitate the transfer of power from the minority racist regime to the genuine representatives of the people of South Africa.

Resolution 34/93 0 of 12 December 1979: Declaration on South Africa

All States shall recognise the legitimacy of the struggle of the South African people for the elimination of apartheid and the establishment of a non-racial society guaranteeing the enjoyment of equal rights by all the people of South Africa, irrespective of race, colour or creed.
All States shall recognise the right of the oppressed people of South Africa to choose their means of struggle.
All States shall solemnly pledge to refrain from overt or covert military intervention in support or defence of the Pretoria regime in its effort to repress the legitimate aspirations and struggle of the African people of South Africa against it in the exercise of their right to self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, or in its threats or acts of aggression against the African States committed to the establishment of a democratic government of South Africa based on the will of the people as a whole, regardless of race, colour or creed, as the imperative guarantee to lasting peace and security in southern Africa.
All States shall take firm action to prevent the recruitment, financing, training or passage of mercenaries in support of the apartheid regime of South Africa or the bantustans created by it in South Africa.
All States shall take appropriate measures to discourage and counteract propaganda in favour of apartheid.
All States shall respect the desire of African States for the denuclearisation of the continent of Africa and refrain from any co-operation with the South African regime in its plans to become a nuclear Power.
All States shall demonstrate international solidarity with the oppressed people of South Africa and with the independent African States subjected to threats or acts of aggression and subversion by the South African regime.

Resolution 39/72 A of 13 December 1984 on comprehensive sanctions against the apartheid regime and support to the liberation struggle in South Africa

The General Assembly,

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Gravely concerned over the threat to international peace and security, and repeated breaches of the peace and acts of aggression, caused by the policies and actions of the racist regime in South Africa,

Reaffirming that apartheid is a crime against humanity and a threat to international peace and security,

Reaffirming the legitimacy of the struggle of the oppressed people of South Africa waged by all means at their disposal, including armed struggle, for the exercise of their right to self-determination and for the establishment of a society in which all the people of South Africa as a whole, irrespective of race, colour or creed, will enjoy equal and full political and other rights and participate freely in the determination of their destiny,

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Strongly convinced that peace and stability in southern Africa require the total eradication of apartheid and the exercise of the right of self-determination by all the people of South Africa, irrespective of race, colour, sex or creed,

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Reaffirming that the elimination of apartheid constitutes a major objective of the United Nations,

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Recalling that the racist regime of South Africa has consistently defied the relevant resolutions of the General Assembly and the Security Council, and violated its obligations under the Charter of the United Nations,

Considering that, in the light of General Assembly resolutions, 38/11 of 15 November 1983 and 39/2 of 28 September 1984 and Security Council resolutions 554 (1984) and 556 (1984), no recognition can be accorded to the so-called ‘new constitution’ of 1984,

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6. Proclaims that the United Nations and the international community have a special responsibility towards the oppressed people of South Africa, their liberation movements and all those engaged in the legitimate struggle for the elimination of apartheid and the establishment of a non-racial democratic society ensuring human rights and fundamental freedoms for all the people of the country, irrespective of race, colour, sex or creed;

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8. Further demands that the racist regime of South Africa pay full compensation to Angola, Lesotho and other independent African States for the damage to life and property caused by its acts of aggression;

9. Declares that the situation in South Africa constitutes a grave threat to international peace and security and that the racist regime of South Africa is guilty of acts of aggression, breaches of the peace and constant violations of the provisions of the Charter of the United Nations;

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12. Requests all States to refrain from any action that would provide or imply legitimacy for the Pretoria regime;
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18. Again proclaims that the South African liberation movements recognised by the Organisation of African Unity are the authentic representative of the people of South Africa in their just struggle for national liberation;

19. Recognises the right of the oppressed people and their national liberation movements to resort to all means at their disposal in their resistance to the illegitimate racist minority regime of South Africa;

20. Reaffirms, in particular, the legitimacy of the armed struggle by the oppressed people of South Africa and their national liberation movements, and holds the Pretoria regime responsible for any violence and conflict;

21. Reaffirms that freedom-fighters of South Africa should be treated as prisoners of war in accordance with Additional Protocol I to the Geneva Conventions of 12 August 1949;

22. Strongly supports the movement against conscription into the armed forces of the racist regime of South Africa;

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24. Urges all Governments and organisations to provide maximal moral, political and material assistance to the South African liberation movements recognised by the Organisation of African Unity, namely, the African National Congress of South Africa and the Pan Africanist Congress of Azania, and all those struggling for freedom in South Africa in uncompromising opposition to apartheid;

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27. Calls upon all specialised agencies and other institutions within the United Nations system, as well as other international organisations that have not yet done so, to exclude the Pretoria regime forthwith;

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Resolution 39/72 G of 13 December 1984 on concerted international action for the elimination of apartheid

The General Assembly,

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Recognising the responsibility of the United Nations and the international community to take all necessary action for the eradication of apartheid, and in particular the need for increased and effective pressure on the South African authorities as a peaceful means of achieving the abolition of apartheid,

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5. Urges the Security Council to consider without delay the adoption of effective mandatory sanctions against South Africa;

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7. Appeals to all States that have not yet done so, pending mandatory sanctions by the Security Council, to consider national legislative or other appropriate measures to increase the pressure on the apartheid regime of South Africa, such as:

Cessation of further investments in, and financial loans to, South Africa;
An end to all promotion of trade with South Africa;
Cessation of all forms of military, police or intelligence co-operation with the authorities of South Africa;
An end to nuclear collaboration with South Africa;

8. Appeals to all States, organisations and institutions;

To increase humanitarian, legal, educational and other assistance to the victims of apartheid;
To increase support for the liberation movements recognised by the Organisation of African Unity and to all those struggling against apartheid and for a non-racial, democratic society;
To increase assistance to the front-line States and the Southern Africa Development Co-ordination Conference in order to increase their economic strength and independence from South Africa;

9. Appeals to all Governments and organisations to take appropriate action for the cessation of all academic, cultural, scientific and sport relations that would support the apartheid regime of South Africa as well as relations with individuals, institutions and other bodies endorsing or based on apartheid and also appeals for further strengthening of contacts with those opposed to apartheid;

10. Reaffirms the legitimacy of the struggle of the oppressed people of South Africa for the total eradication of apartheid and for the establishment of a non-racial, democratic society in which all the people, irrespective of race, colour or creed, enjoy human rights and fundamental freedoms;

11. Pays tribute to and expresses solidarity with organisations and individuals struggling against apartheid and for a non-racial, democratic society in accordance with the principles of the Universal Declaration of Human Rights.

B. SECURITY COUNCIL

Resolution 418 (1977) of 4 November 1977

The Security Council,

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Acting therefore under Chapter VII of the Charter of the United Nations,

Determines, having regard to the policies and acts of the South African Government, that the acquisition by South Africa of arms and related materiel constitutes a threat to the maintenance of international peace and security;
Decides that all States shall cease forthwith any provision to South Africa of arms and related materiel of all types, including the sale or transfer of weapons and ammunition, military vehicles and equipment, para-military police equipment, and spare parts for the aforementioned, and shall cease as well the provision of all types of equipment and supplies and grants of licensing arrangements for the manufacture or maintenance of the aforementioned;
Calls upon all States to review, having regard to the objectives of the present resolution, all existing contractual arrangements with and licenses granted to South Africa relating to the manufacture and maintenance of arms, ammunition of all types and military equipment and vehicles, with a view to terminating them;
Further decides that all States shall refrain from any co-operation with South Africa in the manufacture and development of nuclear weapons;
Calls upon all States, including States non-members of the United Nations, to act strictly in accordance with the provisions of the present resolution;

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Resolution 473 (1980) of 13 June 1980

The Security Council,

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Reaffirms that the policy of apartheid is a crime against the conscience and dignity of mankind and is incompatible with the rights and dignity of man, the Charter of the United Nations and the Universal Declaration of Human Rights, and seriously disturbs international peace and security;
Recognises the legitimacy of the struggle of the South African people for the elimination of apartheid and for the establishment of a democratic society in which all the people of South Africa as a whole, irrespective of race, colour, or creed, will enjoy equal and full political and other rights and participate freely in the determination of their destiny;

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Resolution 554 (1984) of 17 August 1984

The Security Council,

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Convinced that the so-called ‘new constitution’ endorsed on 2 November 1983 by the exclusively white electorate in South Africa would continue the process of denationalisation of the indigenous African majority, depriving it of all fundamental rights, and further entrench apartheid, transforming South Africa into a country for ‘whites only’,

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Reaffirming the legitimacy of the struggle of the oppressed people of South Africa for the elimination of apartheid and for the establishment of a society in which all the people of South Africa as a whole, irrespective of race, colour, sex or creed, will enjoy equal and full political and other rights and participate freely in the determination of their destiny,

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Declares that the so-called ‘new constitution’ is contrary to the principles of the Charter of the United Nations, that the results of the referendum of 2 November 1983 are of no validity whatsoever and that the enforcement of the ‘new constitution’ will further aggravate the already explosive situation prevailing inside apartheid South Africa;
Strongly rejects and declares as null and void the so-called ‘new constitution’ and the ‘elections’ to be organised in the current month of August for the ‘coloured’ people and people of Asian origin as well as all insidious manoeuvres by the racist minority regime of South Africa to further entrench white minority rule and apartheid;

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Solemnly declares that only the total eradication of apartheid and the establishment of a non-racial democratic society based on majority rule, through the full and free exercise of universal adult suffrage by all the people in a united and non-fragmented South Africa, can lead to a just and lasting solution of the explosive situation in South Africa;

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Resolution 569 (1985) of 26 July 1985

The Security Council,

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Urges States Members of the Organisation to adopt measures against the Republic of South Africa, such as the following:

Suspension of all new investment in the Republic of South Africa;

Prohibition of the sale of krugerrands and all other coins minted in South Africa;

Restrictions in the field of sports and cultural relations;

Suspension of guaranteed export loans;

Prohibition of all new contracts in the nuclear field;

Prohibition of all sales of computer equipment that may be used by the South African army and police;

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