(with special reference to the work of the Special Committee against Apartheid)1
by
E. S. Reddy
Director, United Nations Centre against Apartheid
INTRODUCTION
For two decades, an ever-increasing majority of members of the United Nations, responding to the appeals of the South African national liberation movement, has called for an oil embargo against South Africa. But the repeated resolutions of the United Nations General Assembly were opposed by several Western Powers and a mandatory oil embargo by the Security Council has not proved possible.
Meanwhile, multinational petroleum companies and other vested interests have invested heavily in the oil industry in South Africa. They have helped the apartheid regime in building up enormous reserves of oil and developing huge oil-from-coal plants.
The commitment of the Arab States in 1973 to embargo oil to South Africa, and the decision of Iran after the revolution in 1979 to cut off links with South Africa, created a new situation and made an effective oil embargo feasible. But a minority of powerful Member States of the United Nations continue to oppose an oil embargo.
South Africa has been able to obtain petroleum and petroleum products despite the embargoes by almost all oil exporting countries. A number of oil tanker companies and other vested interests have been violating these embargoes and supplying oil to South Africa by secret and illegal means, andby complicated manoeuvres. Refined oil products are shipped to South Africa from several Western countries and no action has been taken by them to prevent the involvement of oil tanker companies and other interests from involvement in illegal supply of oil from oilexporting countries to South Africa.
The Special Committee against Apartheid has, therefore, called for a many-sided campaign to ensure an effective oil embargo against South Africa. In this context, it has emphasized the importance of action by Parliaments in Western countries with respect to legislative measures and mobilization of public opinion.
This paper reviews the persistent efforts by the Special Committee against Apartheid for an effective oil embargo against South Africa. The relevant resolution adopted by the General Assembly at its thirty-fifth session in 1980, and the Declaration of the International Seminar on an Oil Embargo against South Africa (Amsterdam, 14-16 March 1980), are reproduced in annexes.
REVIEW OF UNITED NATIONS ACTION
The Special Committee against Apartheid has repeatedly pressed, ever since its establishment in1963, for an oil embargo against South Africa as an important and effective measure to be taken by the international community for the elimination of apartheid and the liberation of southern Africa. In its first report to the General Assembly that year, it recommended a study of the means to ensure an effective embargo on the supply of petroleum to South Africa.2
The General Assembly, in resolution 1899 (XVIII) of 13 November 1963 on the question of Namibia, urged all States to refrain from supplying inany manner or form any petroleum or petroleum products to South Africa.
Subsequently, the Expert Committee established in pursuance of Security Council resolution 191 (1964) emphasized, in its report of February 1965, the importance of an embargo on petroleum and petroleum products among measures which could, as appropriate, be taken under the Charter of the United Nations against the Republic of South Africa. The Security Council, however, took no action on that report.
Developments following the Arab oil embargo in 1973
Little progress was made on this matter until November 1973 when the Summit Conference of Arab States in Algiers decided to impose a complete oil embargo on South Africa. Meanwhile, the South African regime was able to take measures with the assistance of multinational oil companies, to counteract international action.
An international seminar on South Africa, organized by the Special Committee in Paris in April-May 1975, called on the Security Council to impose an oil embargo against South Africa.
In its annual report in September 1975, the Special Committee proposed an embargo on the supply of petroleum. and petroleum. products to South Africa, as a supplement to an arms embargo and an effective first step towards a general embargo on all strategic commodities. It emphasized that all petroleum exporting countries should be requested to take the necessary steps, following the example of the Arab States, and that evasions by international companies involved in the transport of oil should be prevented.
On 10 December 1975, in resolution 3411 G (XXX), the General Assembly appealed to all States concerned "to take the necessary measures to impose an effective embargo on the supply of petroleum., petroleum. products and strategic raw materials to South Africa."
In February 1976, the Chairman of the Special Committee visited Cairo and held consultations with the Secretary-General of the League of Arab States on the implementation of an oil embargo.
The Programme of Action against Apartheid, adopted by the General Assembly in its resolution 31/6 J of 9 November 1976, again called upon all Governments "to refrain from supplying petroleum, petroleum products or other strategic materials to South Africa."
The oil embargo received further attention in 1977 because of revelations concerning the illegal supply of oil to Southern Rhodesia, as well as a decision of the Organization of African Unity to establish a special committee to promote an oil embargo against South Africa.
In October 1977, the Commonwealth Committee on Southern Rhodesia recommended an oil embargo against South Africa until Pretoria provided guarantees that oil was no longer passed on to Southern Rhodesia. This was subsequently proposed by several members in the Security Council Committee on sanctions against Southern Rhodesia. During the same month, the OAU Special Committee began visits to petroleum exporting countries to obtain support for an effective oil embargo against South Africa and Southern Rhodesia.
On 17 October 1977 - on the occasion of the visit of the OAU delegation, led by the Foreign Minister of Zambia, to Venezuela and Ecuador - the Chairman of the Special Committee sent messages to the delegation and to the two Governments conveying the full support of the Special Committee.
On 1 December 1977, the Special Committee held consultations with Mr. Bernard Rivers who had been engaged, with Mr. Martin Bailey, in a study for the
Haslemere Group on the supply of oil to South Africa and Southern Rhodesia.
It arranged for a full study on the problem by the two experts.
On 14 December 1977, the General Assembly - in resolution 32/105 G adopted on the recommendation of the Special Committee - again requested all States "to impose an embargo on the supply of petroleum and petroleum products to South Africa and on investment in the petroleum industry in South Africa”.
It requested the Special Committee to take all appropriate steps, in co-operation with the OAU, to promote an oil embargo against South Africa.
On 16 December, in resolution 32/116 B on Southern Rhodesia, the Assembly requested the Security Council to impose a mandatory embargo on the supply of petroleum and petroleum products to South Africa in view of the fact that petroleum and petroleum products were being transported from South Africa
to Southern Rhodesia.
The Chairman of the Special Committee sent a message on 20 December 1977 to the meeting of the Ministerial Council of the Organization of Oil Exporting Countries (OPEC) in Caracas, and to all the Member States of OPEC, appealing to them to take measures to impose an effective oil embargo against South Africa, and to prevent any violations by multinational companies.
The expert study on “Oil Sanctions against South Africa," by Martin
Bailey and Bernard Rivers, was published by the Centre against Apartheid in
June 1978.3 It shoved that an oil embargo was feasible and would be effective if imposed by a mandatory decision of the Security Council. It helped the Special Committee to formulate concrete recommendations for international action.
On 21 September 1978, the Special Committee submitted a special report to the General Assembly and the Security Council on sanctions against South Africa (A/33/22/Add.l-S/l2858/Add.l). It stated:
"The Special Committee, therefore, recommends that the Security Council consider the matter urgently and take a mandatory decision under Chapter VII of the Charter, foran embargo on the supply of petroleum and petroleum products to South Africa. It recommends that all States be urged to enact legislation to prohibit:
"(a) The sale or supply of petroleum or petroleum products to any person or body in South Africa, or to any other person or body forthe purpose of eventual supply to South Africa;
"(b) Any activities by their nationals or in their territories which promote or are calculated to promote the sale or supply of petroleum or petroleum products to South Africa;
"(c) The shipment in vessels or aircraft of their registration, or under charter to their nationals, of any petroleum or petroleum products to South Africa;
"(d) The supply of any services (technical advice, spare parts, capital, etc.) to the oil companies in South Africa."
These recommendations wereendorsed by the General Assembly, in a separate resolution on "oil embargo against South Africa." The resolution - 33/183 E - was adopted on 26 January 1979 by 105 votes to 6, with 16 abstentions.4
Action after the revolution in Iran in 1979
A major problem was the attitude of the former regime in Iran which invested in the oil industry in South Africa and began to supply most of the oil requirements of South Africa. It has rebuffed approaches by the Special Committee and even refused to receive a high-level OAU delegation in 1978. In November 1978, when a national uprising against the Shah developed in Iran, the Special Committee produced a detailed report on Iran's growing links to South Africa and called on the government to terminate all relations with the apartheid regime. The success of the revolution in Iran in February 1979 made an effective embargo more feasible.
On 15 February 1979, the Chairman of the Special Committee expressed the hope that the new Government. would immediately cut all links with the apartheid regime and appealed to other oil-producing States to reject the overtures of that regime for the purchase of oil even at a premium price. He urged the Western Powers to take all necessary action to prevent Western oil companies from rescuing the apartheid regime by diverting oil from other sources.
Following the decision of Iran to cut offoil supplies to the apartheid regime, the Chairman, on behalf of the Special Committee, issued a statement on 5 March commending the Government and people of Iran for their response to the appeals of the Special Committee, the Organization of African Unity and the national liberation movement of South Africa. He again called on all petroleum exporting countries to implement a strict oil embargo against South Africa and the other governments concerned - particularly United States, the United Kingdom, France and the Netherlands - to take necessary action to prevent multinational oil companies from violating the embargo.
On 13 March 1979, the Chairman of the Special Committee addressed letters to all petroleum exporting countries appealing to them, if they had not yet done so, to follow the example of Iran and to implement a strict oil embargo against South Africa.
Continuing its efforts for an oil embargo, the Special Committee held consultations with Mr. Martin Bailey, on 8 June 1979, with particular reference to the new situation created by the cut-off of Iranian oil. It transmitted Mr. Bailey's statement to the General Assembly, the Security Council and the Organization of African Unity for appropriate follow-up action by them.
Soon after, the Committee's attention was drawn to reports that the United Kingdom Government had authorized "swap" arrangements to ensure the supply of oil to South Africa and that British Petroleum had been involved. On 22 August 1979, the Special Committee issued a statement commending the Federal Government of Nigeria for nationalizing the assets of British Petroleum.
In its next report to the General Assembly, the Special Committee recommended that the General Assembly and the Security Council call on all States to take effective action against the supply of oil to South Africa. It suggested that the General Assembly encourage the creation of an appropriate machinery by the petroleum exporting countries to monitor shipments of petroleum and petroleum products to South Africa and to penalize all companies involved in such illegal shipments. '
The General Assembly, in resolution 34/93 F of 12 December 1979, endorsed the recommendations of the Special Committee. It stated inter alia:
"3. Requests the Security Council to consider urgently a mandatory embargo on the supply of petroleum and petroleum products to South Africa under Chapter VII of the Charter of the United Nations;
“4. Requests all States:
(a) To enact legislation to prohibit:
(i) The sale or supply of petroleum and petroleum products to any person or body in South Africa, or to any other person or body for the purpose of eventual supply to South Africa;
(ii) Any activities by their nationals or in their territories which
promote or are calculated to promote the sale or supply of petroleum or petroleum products to South Africa;(iii) The shipment in vessels or aircraft of their registration, or under charter to their nationals, of any petroleum or petroleum products to South Africa;
(iv) The supply of any services, including inter alia technical advice, spare parts and capital, to the oil companies in South Africa;
(v) The provision of facilities in their ports or airports to vessels or aircraft carrying petroleum or petroleum products to South Africa;(vi) Any investments in, or provision of technical or other assistance to, the petroleum industry in South Africa.
(b) To include in all contracts for the sale of petroleum and petroleum products provisions prohibiting direct or indirect resale to South Africa.
(c) To take effective legislative and other appropriate measures to prevent petroleum companies and shipping companies, as well as banks and other financial institutions, from giving any assistance to the South African regime in circumventing the oil embargo, including the seizure of vessels which violate the embargo and their cargoes."
The vote on the resolution was the same as at the previous session except that Canada moved from abstention to a negative vote.
Action in 1980
An International Seminar on an OilEmbargo against South Africa was held in Amsterdam from 14 to 16 March 1980, under the co-sponsorship of the Special Committee, the Holland Committee on Southern Africa and Working Group Kairos.
Participants in the Seminar included representatives of United Nations bodies and agencies, other intergovernmental and non-governmental organizations and southern African liberation movements, as wellas several individual experts. A number of governments were represented by observers.
After full discussion, the Seminar adopted a Declaration stressing the urgent need for positive and effective international action, and making a number of recommendations for action.5
The Special Committee transmitted the Declaration to the General Assembly and the Security Council for urgent consideration. It also transmitted the Declaration to the Organization of African Unity, the Organization of Petroleum Exporting Countries, the League of Arab States and the Organization of Arab Petroleum Exporting Countries, and to all oil exporting countries, including the Western countries which export refined oil to South Africa, and the home countries of the companies involved in the oil industry in South Africa, expressing the hope that the Governments and organizations concerned would take necessary action in the light of the Declaration.
In accordance with the recommendations of the International Seminar, the Special Committee also promoted the observance of 20 May 1980 as the International Day for an Oil Embargo against South Africa. 'The chairman of the Special Committee stressed, in a public appeal on 31 March 1980, the need for an international campaign with three specific objectives:
(a) to secure an urgent and mandatory decision for an oil embargo against South Africa by the Security Council;
(b) to encourage all States immediately to enact effective legislation and other measures to implement an oil embargo, including strict penalties against companies, institutions and individuals violating the embargo;
(c) to prevent, by public action, the continued collaboration by multinational companies with the racist regime of South Africa in obtaining crude oil and refined oil products, as well as in its oil and related industries.
The Special Committee was greatly encouraged by the decision of the Netherlands Parliament in June 1980 in favour of an oil embargo against South Africa. It expressed satisfaction at the decision and commended the anti-apartheid groups and other public organizations in the Netherlands which had campaigned for the embargo.
On 4 September 1980, the Chairman met Mr. Jan Nico Scholten, Member of Parliament of the Netherlands, and stressed the importance of action by Parliaments. It was agreed that the Special Committee would co-sponsor a meeting of Parliament Members from West European countries to consult on co-ordinated action on an oil embargo against South Africa.
In its report to the General Assembly in September 1980, the Special Committee stated:
"340. The Special Committee attaches particular importance to an oil embargo against South Africa as a feasible, effective and imperative measure in the present situation in South Africa.
"341. The acts of violence by the racist regime against the people ofSouth Africa and Namibia, and its acts of aggression against neighbouring States, are only possible because of its ability to fuel its machinery for repression and war. The supply of oil and oil products to South Africa is, in effect, collusion with that regime in its crimes.
"342. A total embargo on the supply of crude oil and oil products to South Africa is essential as a reinforcement and extension of the mandatory arms embargo imposed by the Security Council in resolution 418 (1977) of 4 November 1977. It is a crucial element of international sanctions against South Africa, and hence of international action for the elimination of apartheid and support for the struggle of the oppressed people of South Africa and Namibia for liberation.
"343. An embargo has become fully feasible since all the Member States of the Organization of Petroleum Exporting Countries and other major oil-exporting countries have now prohibited export of their oil to South Africa. It can seriously weaken the racist regime, which is dependent on imported oil, because the shipping of oil cannot easily be disguised.
"344. The Special Committee stresses the need for action not only by countries exporting crude oil but also by countries which export refined oil products to South Africa, and by countries which have jurisdiction over companies involved in the oil industry of South Africa or in the transporting of oil and oil products to South Africa.
"345. It condemns the secret arrangements made by some transnational oil corporations and tanker companies to supply South Africa with oil and oil products, by illegal shipments of oil from countries which prohibit export of their oil to South Africa and by "swap" arrangements.
"346. It commends the countries and organizations which have taken measures for an effective oil embargo against South Africa. It expresses satisfaction at the decision of the Netherlands Parliament calling for an oil embargo against South Africa. It also commends the anti-apartheid groups and the seamen who have exposed secret shipments of oil to South Africa.
"347. The Special Committee considers that a mandatory decision by the Security Council for an oil embargo against South Africa is essential and urgent. It therefore hopes that the Council will consider the matter without delay in accordance with resolution 34/93 F adopted by the General Assembly on 12 December 1979.
"348. It recognizes that the international community should take necessary measures to assist independent African States neighbouring South Africa and Namibia and likely to be adversely affected by an oil embargo against the apartheid regime. In this connexion, it welcomes the decision of the thirty-fifth session of the OAU Council of Ministers to request:
'as a matter of urgency the OAU Standing Committee on Sanctions, in collaboration with the OAU Committee ofNineteen on Assistance to the frontline States, the United Nations Special Committee against Apartheid, the Boycott Bureau of the League of Arab States, the Anti-Apartheid Movement and other experts on sanctions, to convene a meeting with all affected OAU member States in southern Africa to study the effects on these States of a total oil embargo and other forms of sanctions against the racist regime of South Africa and recommend remedial measures, particularly the possibility of establishing an oil reservoir which shall be made available to them.'
"349. The Special Committee wishes to emphasize the need for comprehensive national legislative and other measures to ensure the maximum effectiveness of an oil embargo. These measures should include:
(a) Enforcement of "end-user" agreements to stop the supply of oil to South Africa directly or through third parties;
(b) Prohibition of transport to South Africa of all crude oil or oil products, wherever they originate;
(c) Action against any companies or individuals that supply or transport crude oil or oil products to South Africa;
(d) Seizure of tankers owned by their nationals or registered
in their countries which are used to transport oil or oil products to South Africa;(e) Prohibition of all assistance to South Africa in the construction of oil-from-coal plants, through finance, technology, equipment
or personnel;(f) Prohibition of import of oil-from-coal technology from South Africa;
(g) Prevention of the efforts of South African corporate interests to expand their holdings in oil companies or properties outside South Africa;
(h) Ban on participation of corporations and individuals within their jurisdiction in the oil industry in South Africa, including exploration, storage, refining, transport and distribution;
(i)Enforcement of Decree No. l for the Protection of the Natural Resources of Namibia, enacted by the United Nations Council for Namibia on 27 September 1974."
It then made a number of specific recommendations which were endorsed by the General Assembly in resolution 35/206 D of 16 December 1980. The text of the resolution, and the votes, are reproduced in Annex I.
Some conclusions
The Special Committee against Apartheid has constantly stressed the need for an oil embargo against South Africa as an affective and feasible measure to promote the elimination of apartheid in South Africa, as an indispensable complement to the mandatory arms embargo against South Africa, and as an imperative international duty in the context of escalating acts of aggression and repression by the South African regime.
The oil embargo, however, continues to be opposed by several Western States (Belgium, Canada, France, Federal Republic of Germany, Luxembourg, the United Kingdom and the United States of America). Some other Western States have undertaken to implement the embargo if adopted by a mandatory decision of the Security Council. The embargoes of the oil exporting countries are being frustrated because of' the resistance of these Powers.
The Special Committee has, therefore, called for three types of action:
(a) efforts to persuade the Western countries, especially the permanent members of the Security Council, to facilitate a mandatory oil embargo;
(b) efforts to persuade oil exporting States to take steps to reinforce the monitoring of their embargoes as necessary, and to persuade other countries, which have not yet done so, to take unilateral action to implement the resolutions of the General Assembly;
(c) encouragement of public action, especially in Western countries, to prevent violations of the oil embargo by multinational corporations and other vested interests.
The Special Committee has constantly encouraged anti-apartheid groups, trade unions and media to take appropriate action, and commended their actions to promote the oil embargo.
It has also commended action by Parliaments and individual members of Parliament for their efforts to secure national action on an oil embargo. In this connexion, special attention may perhaps be drawn, to:
(a) the recommendations of the Special Committee for legislative action;
(b) the importance of mobilization of public opinion; and
(c) the desirability of co-ordinated action.
OIL EMBARGO AGAINST SOUTH AFRICA
Resolution 35/206 D adopted by the United Nations General Assembly on 16 December 1980
The General Assembly,
Recalling and reaffirming its resolution 34/93 F of 12 December 1979,
Having considered the reports of the Special Committee against Apartheid,6
Taking note of the report of the International Seminar on an Oil Embargo against South Africa, held at Amsterdam from 14 to 16 March 1980,7
Convinced that an embargo on the supply of petroleum, petroleum products and other strategic materials is an essential complement to the arms embargo against South Africa,
Reiterating the urgent need for the imposition of a mandatory oil embargo against South Africa under Chapter VII of the Charter of the United Nations,
1. Commends all Governments which have imposed an oil embargo against South Africa and have taken effective measures to implement the embargo;
2. Reaffirms its conviction that a comprehensive and mandatory embargo on the supply of petroleum, petroleum products and other strategic materials is an important measure in international action for the total eradication of apartheid;
3. Again requests the Security Council to consider urgently a mandatory embargo on the supply of petroleum and petroleum products to South Africa under Chapter VII of the Charter of the United Nations;
4. Urges States to take effective legislative and other measures to ensure the implementation of such an oil embargo against South Africa as well as embargoes already imposed by States, individually or collectively, including the following:
(a) Enactment and enforcement of “end-users” agreements to stop the supply of oil to South Africa directly or through third parties;
(b) Prohibition of transport to South Africa of all crude oil or oil products, wherever they originate;
(c) Action against companies or individuals who supply or transport crude oil or oil products to South Africa;
(d) Seizure of tankers owned by their nationals or registered in their countries which are used to transport oil or oil products to South Africa:
(e) Prohibition of all assistance to South Africa - through finance, technology, equipment or personnel – in the construction of oil-from-coal plants;
(f) Prohibition of the importation of oil-from-coal technology from South Africa;
(g) Prevention of the efforts of South African corporate interests to maintain or expand their holdings in oil companies or properties outside South Africa;
(h) A ban on the participation of corporations and individuals within their jurisdiction in the oil industry in South Africa, including exploration, storage, refining, transport and distribution;
5. Requests and authorizes the Special Committee against Apartheid to continue its efforts, including the undertaking of missions, the holding of seminars and the publication of studies, in co-operation with the Organization of African Unity, to enhance and intensify world-wide support for an effective oil embargo against South Africa;
6. Invites Governments, international and non-governmental organizations. trade unions and other appropriate bodies to lend their full support to the oil embargo against South Africa.
Vote: 123 in favour, 7 against and 13 abstentions, as follows:
In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Brazil, Bulgaria, Burma, Burundi, Byelorussian SSR, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Denmark, Djibouti, Dominican Republic, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji, Finland, Gabon, Gambia, German Democratic Republic, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Ivory Coast, Jamaica, Jordan, Kenya, Kuwait, Lao People’s Democratic Republic, Lebanon, Liberia, Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco. Mozambique, Nepal, Netherlands, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Peru, Philippines, Poland, Qatar, Romania, Rwanda, Saint Lucia, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Somalia, Sri Lanka, Sudan, Suriname, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Cameroon, United Republic of Tanzania, Upper Volta, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia.
Against: Belgium, Canada, France, Federal Republic of Germany, Luxembourg, United Kingdom, United States.
Abstaining: Australia, Austria, Botswana, Greece, Italy, Japan, Lesotho, Malawi, New Zealand, Portugal, Spain, Swaziland, Zimbabwe.
Absent: Chad, Dominica, Ecuador, Guatemala, Israel, Mauritius, Paraguay, Saint Vincent, Singapore, Solomon Islands.
(Ecuador indicated that it had voted in favour, but that its vote had not been duly recorded).
DECLARATION OF INTERNATIONAL SEMINAR ON AN OIL EMBARGO AGAINST SOUTH AFRICA
Amsterdam, 16 March 1980
1. The International Seminar on an OilEmbargo against South Africa, organized by the Holland Committee on Southern Africa and the Working Group Kairos, in co-operation with the United Nations Special Committee against Apartheid, met at Amsterdam from 14 to 16 March 1980, with the participation of Governments,
intergovernmental and non-governmental organizations, liberation movements and individual experts.
2. The Seminar recognizes the urgent need for positive and effective international action to secure the implementation of General Assembly resolution 34/93 F of
12 December 1979 on an oil embargo against South Africa.
3. The Seminar declares that sanctions are imperative in view of the growing threat to international peace and security posed by the apartheid regime in South Africa. In defiance of international law, the Pretoria regime persists in the criminal policy of apartheid and continues its illegal occupation of Namibia. The peace of the area is particularly threatened by the repeated acts of aggression against front-line African countries.
4. These criminal and aggressive acts are only possible because of South Africa's ability to fuel its repressive and war machinery. The Seminar considers that an oil embargo is therefore both necessary and urgent.
5. The Seminar salutes the victory of the peopleof Zimbabwe. The freedom of Zimbabwe must become a spur for greater international action against the apartheid regime in Pretoria until Namibia and South Africa are free.
6. A total embargo on the supply of crude oil and oil products to South Africa is an important component of international action for the elimination of apartheid and support for the struggle of the oppressed people of South Africa and Namibia for liberation.
7. Such an embargo has become more feasible since all the member States of the Organization of Petroleum Exporting Countries and other major oil-exporting countries have now prohibited export of their oil to South Africa.
8. The embargo is a key element of international sanctions against South Africa, and can seriously weaken the racist regime, because of the dependence of South Africa on imported oil and because the shipping of oil cannot easily be disguised.
9. The embargo is essential as a reinforcement and extension of the mandatory arms embargo against South Africa imposed by the Security Council on 4 November 1977 (resolution 418 (1977)).
10. The International Seminar, therefore, declares its full support for resolution 34/93 F, adopted by the General Assembly on 12 December 1979, on an oil embargo against South Africa and for the relevant resolutions of the Organization of African Unity.
11. It calls for an international campaign by all Governments, organizations, and individuals to:
(a) Secure an urgent and mandatory decision for an oil embargo against South Africa by the Security Council of the United Nations;
(b) Encourage all States immediately to enact effective legislation and other measures to implement an oil embargo, including strict penalties against companies, institutions and individuals violating the embargo;
(c) Prevent, by public action, the continued collaboration by multinational companies with the racist regime of South Africa in obtaining crude oil and refined oil products, as well as in its oil and related industries.
12. The Seminar commends all Governments which have imposed an oil embargo against South Africa and in particular the revolutionary Government of Iran.
13. It notes with admiration the action taken by Nigeria against British Petroleum, which set up a deceitful swap arrangement to supply its South African subsidiary. It urges other States to take similar action in solidarity with the oppressed people of southern Africa.
14. The Seminar condemns all countries which are sustaining the apartheid regime by continuing to supply, directly and indirectly, crude oil and oil products to South Africa.
15. It condemns those Governments which continue to prevent the imposition of a mandatory oil embargo against the South African regime - particularly France, the United Kingdom and the United States of America, which enjoy the right of veto in the Security Council.
16. It recognizes the need for co-ordinated and active efforts to persuade these Governments to change their attitudes and co-operate in international action.
17. Similarly, action is also required against all those States which opposed the General Assembly resolution on the oil embargo (Belgium, Canada, France, the Federal Republic of Germany, Luxembourg, the United Kingdom and the United States of America) and the Western and other States which abstained (Australia, Austria, Greece, Guatemala, Italy, Japan, New Zealand, Portugal and Spain), while taking into account the genuine problems of certain States in southern Africa which felt obliged to abstain.
18. The Seminar urges the United Nations and the Organization of African Unity to study and take necessary measures to assist independent African States in southern Africa which neighbour South Africa and Namibia and may be adversely affected by an oil embargo against the apartheid regime.
19. The Seminar emphasizes that, pending a mandatory decision by the Security Council, all Governments should take unilateral measures to implement the embargo. The embargo should cover the supply of crude oil, refined oil products, technology and know-how, equipment, capital and personnel.
20. The Seminar notes with appreciation the resolution of the Netherlands Parliament urging the Netherlands Government to persuade the countries of the European Community to impose a collective oil embargo against South Africa. If such collective action is not forthcoming, the Seminar urges the Netherlands to take action in the spirit of the parliamentary debate and impose an effective embargo against South Africa.
21. The Seminar condemns the oil companies which, in defiance ofthe resolutions of the United Nations and the Organization of African Unity, have invested in South Africa and Namibia and thereby provide direct support to the apartheid regime. It draws particular attention to the five major multinational oil corporations with subsidiaries in South Africa - British Petroleum, Caltex, Mobil, Shell and Total - and also condemns the shipping companies and oil traders who have been involved in the nefarious manoeuvres to enable South Africa to obtain oil. It further condemns the banks and engineering companies which have financed and facilitated the development of the petroleum industry in South Africa - and in particular those which have participated in the construction of the Sasol oil-from-coal plants, such as:
Banks
| Barclays | United Kingdom |
| Standard | United Kingdom |
| Hill Samuel | United Kingdom |
| Dresdner | Federal Republic of Germany |
| Bayerische Vereinsbank | Federal Republic of Germany |
| Berliner Handels und Frankfurter Commerzbank | Federal Republic of Germany |
| West Deutsche Landesbank | Federal Republic of Germany |
Engineering companies
| Fluor | United States of America |
| Deutsche Babcock | Federal Republic of Germany |
| Lurgi | Federal Republic of Germany |
| Linde | Federal Republic of Germany |
| Spie Batignolles | France |
| Air Liquide | France |
22. The Seminar recognizes the need for a redoubled and determined effort by Governments and organizations in close co-operation with the United Nations and the Organization of African Unity, and in solidarity with the national liberation movements of South Africa and Namibia, to end all such collaboration with South Africa.
23. It therefore urges the following:
(1) All countries which have not yet done so should enact legislation and take other necessary measures to implement an effective embargo on the supply of crude oil and refined oil products to apartheid South Africa. They should take effective measures to end any collaboration with South Africa's attempts to mitigate the effects of an oil embargo by the construction of fuel plants such as Sasol oil-from-coal plants. They should prevent the supply of finance, technology, equipment and personnel and any other assistance in the construction of such plants.
(2) All oil producing and exporting countries which have not yet done so should strengthen their control over the final destination of their oil, and through the incorporation of end-user clauses in the initial contracts of sale, ensure that their oil does not reach the apartheid regime through resale or via any other company, organization or Government.
(3) Allcountries should enact legislation to stop the transport to South Africa of all crude oil and oil products, wherever they originate. Governments should take separate and collective action to prevent South Africa from obtaining oil through the spot market or swap deals as well as arrangements involving the use of free ports or similar transit facilities.
(4) Governments should enact legislation to enable the seizure of tankers owned by their nationals or registered in their countries which are used to transport oil to South Africa and take action against any companies or individuals who supply or transport crude oil or oil products to South Africa.
(5) All organizations - of students, youth, workers, churches, and others especially in the countries where the multinational oil corporations are based, should take action so that their Governments and the oil companies stop supplies of crude oil and oil products to the racist regime. They should expose the criminal nature of such support to the racist regime.
(6) Workers in the oil fields, refineries and ports, and those who sail the tankers, should be encouraged to take action that will prevent the supply of oil to the apartheid regime.
(7) The oil embargo should be reinforced by the creation of machinery to monitor all oil shipments to South Africa, as recommended in resolutions of the Organization of African Unity.
(8) All Governments and organizations opposed to apartheid should observe 20 May 1980 as the International Day for an Oil Embargo against South Africa. Trade unions, religious bodies, anti-apartheid movements and other groups should organize demonstrations on that day against companies which continue to violate the oil embargo or participate in the oil and related industry in South Africa.
1. This paper was prepared for the Conference of West European Parliament Members on an Oil Embargo against South Africa, Brussels, 30-31 January 1981. It was reproduced by the United Nations Centre against Apartheid for circulation to the participants in the conference and to interested organizations.
2. Earlier, the Second Conference of Independent African States, held in Addis Ababa in June 1960, had appealed to Arab States "to approach all the petroleum. companies with a view to preventing Arab oil from being sold to the Union of South Africa" and recommended that African States "refuse any concession to any company which continues to sell petroleum to the Union of South Africa." An oil embargo against South Africa was first proposed in the United Nations on 13 November 1961 when Pakistan moved an amendment to the draft resolution on apartheid calling upon all Member States to refrain from exporting petroleum to South Africa. The amendment was not adopted, having failed to obtain the required two-thirds majority.
3. Martin Bailey and Bernard Rivers, "Oil Sanctions against South Africa", United Nations Centre against Apartheid, Notes and Documents, No. 12/78, June 1978.
4. The votes against and abstentions were as follows:
Against: Belgium; France, Federal Republic of Germany, Luxembourg, United Kingdom, United States of America.
Abstaining: Australia, Austria, Bolivia, Botswana, Canada, El Salvador, Greece, Guatemala, Italy, Japan, Lesotho, New Zealand, Nicaragua., Portugal, Spain, Swaziland..
5. The text of the Declaration is reproduced in Annex II.
6. Official Records of the General Assembly, Thirty-fifth Session. Supp1ement No. 22 (A/35/22 and A/35/22/Add.l-S/14156/Add.l, A/35/22/Add.2-S/l4l56/Add.2, and A/35/22/Add.3-S/14156/Add.3).