Document 130

General Assembly resolution: Declaration on Apartheid and its Destructive Consequences in Southern Africa.

A/RES/S-16/1, 14 December 1989

We, the States Members of the United Nations,

Assembled at the sixteenth special session of the General Assembly, a special session on apartheid and its destructive consequences in southern Africa, guided by the fundamental and universal principles enshrined in the Charter of the United Nations and the Universal Declaration of Human Rights, in the context of our efforts to establish peace throughout the world by ending all conflicts through negotiations, and desirous of making serious efforts to bring an end to the unacceptable situation prevailing in southern Africa, which is a result of the policies and practices of apartheid, through negotiations based on the principle of justice and peace for all,

Reaffirming our conviction, which history confirms, that where colonial and racial domination or apartheid exists, there can be neither peace nor justice,

Reiterating, accordingly, that while the apartheid system in South Africa persists, the peoples of Africa as a whole cannot achieve the fundamental objectives of justice, human dignity and peace, which are both crucial in themselves and fundamental to the stability and development of the continent,

Recognizing that, with regard to southern Africa, the entire world is vitally interested that the processes in which that region is involved, leading to the genuine national independence of Namibia and peace in Angola and Mozambique, should succeed in the shortest possible time, and equally recognizing that the world is deeply concerned that destabilization by South Africa of the countries of the region, whether through direct aggression, sponsorship of surrogates, economic subversion or other means, is unacceptable in all its forms and must not occur,

Also recognizing the reality that permanent peace and stability in southern Africa can only be achieved when the system of apartheid in South Africa has been eradicated and South Africa has been transformed into a united, democratic and non-racial country, and therefore reiterating that all the necessary measures should be adopted now to bring a speedy end to the apartheid system in the interest of all the people of southern Africa, the continent and the world at large,

Believing that, as a result of the legitimate struggle of the South African people for the elimination of apartheid, and of international pressure against that system, as well as global efforts to resolve regional conflicts, possibilities exist for further movement towards the resolution of the problems facing the people of South Africa,

Reaffirming the right of all peoples, including the people of South Africa, to determine their own destiny and to work out for themselves the institutions and the system of government under which they will, by general consent, live and work together to build a harmonious society, and remaining committed to doing everything possible and necessary to assist the people of South Africa, in such ways as they may, through their genuine representatives, determine to achieve this objective,

Making these commitments because we believe that all people are equal and have equal rights to human dignity and respect, regardless of colour, race, sex or creed, that all men and women have the right and duty to participate in their own government, as equal members of society, and that no individual or group of individuals has any right to govern others without their democratic consent, and reiterating that the apartheid system violates all these fundamental and universal principles,

Affirming that apartheid, characterized as a crime against the conscience and dignity of mankind, is responsible for the death of countless numbers of people in South Africa, has sought to dehumanize entire peoples and has imposed a brutal war on the region of southern Africa, which has resulted in untold loss of life, destruction of property and massive displacement of innocent men, women and children and which is a scourge and affront to humanity that must be fought and eradicated in its totality,

Therefore we support and continue to support all those in South Africa who pursue this noble objective. We believe this to be our duty, carried out in the interest of all humanity,

While extending this support to those who strive for a

non-racial and democratic society in South Africa, a point on which no compromise is possible, we have repeatedly expressed our objective of a solution arrived at by peaceful means; we note that the people of South Africa, and their liberation movements who felt compelled to take up arms, have also upheld their preference for this position for many decades and continue to do so,

Welcoming the Declaration of the Ad Hoc Committee of the Organization of African Unity on Southern Africa on the question of South Africa, adopted at Harare on 21 August 1989, and subsequently endorsed by the Heads of State or Government of Non-Aligned Countries at their Ninth Conference, held at Belgrade from 4 to 7 September 1989, as a reaffirmation of readiness to resolve the problems of South Africa through negotiations. The Declaration is consistent with the positions contained in the Lusaka Manifesto of two decades ago, in particular regarding the preference of the African people for peaceful change, and takes into account the changes that have taken place in southern Africa since then. The Declaration constitutes a new challenge to the Pretoria regime to join in the noble efforts to end the apartheid system, an objective to which the United Nations has always been committed,

Noting with appreciation that the Commonwealth Heads of Government, at their meeting held at Kuala Lumpur from 18 to 24 October 1989, noted with satisfaction the strong preference for the path of negotiated and peaceful settlement inherent in the Declaration adopted at Harare on 21 August 1989, and considered what further steps they might take to advance the prospects for negotiations,

Also noting with appreciation that the Third Francophone Conference of Heads of State and Government, held at Dakar from 24 to 26 May 1989, likewise called for negotiations between Pretoria and representatives of the majority of the people with a view to the establishment of a democratic and egalitarian system in South Africa,

Consequently, we shall continue to do everything in our power to increase support for the legitimate struggle of the South African people, including maintaining international pressure against the system of apartheid until that system is ended and South Africa is transformed into a united, democratic and non-racial country, with justice and security for all its citizens,

In keeping with this solemn resolve, and responding directly to the wishes of the majority of the people of South Africa, we publicly pledge ourselves to the positions contained hereunder, convinced that their implementation will lead to a speedy end of the apartheid system and herald the dawn of a new era of peace for all the peoples of Africa, in a continent finally free from racism, White minority rule and colonial domination,

Declare as follows:

1. A conjuncture of circumstances exists which, if there is a demonstrable readiness on the part of the South African regime to engage in negotiations genuinely and seriously, given the repeated expression of the majority of the people of South Africa of their long-standing preference to arrive at a political settlement, could create the possibility to end apartheid through negotiations.

2. We would therefore encourage the people of South Africa, as part of their legitimate struggle, to join together to negotiate an end to the apartheid system and agree on all the measures that are necessary to transform their country into a non-racial democracy. We support the position held by the majority of the people of South Africa that these objectives, and not the amendment or reform of the apartheid system, should be the goals of the negotiations.

3. We are at one with the people of South Africa that the outcome of such a process should be a new constitutional order determined by them and based on the Charter of the United Nations and the Universal Declaration of Human Rights. We therefore hold the following fundamental principles to be of importance:

(a) South Africa shall become a united, non-racial and democratic State;

(b) All its people shall enjoy common and equal citizenship and nationality, regardless of race, colour, sex or creed;

(c) All its people shall have the right to participate in the government and administration of the country on the basis of universal, equal suffrage, under a non-racial voters' roll, and by secret ballot, in a united and non-fragmented South Africa;

(d) All shall have the right to form and join any political party of their choice, provided that this is not in furtherance of racism;

(e) All shall enjoy universally recognized human rights, freedoms and civil liberties, protected under an entrenched bill of rights;

(f) South Africa shall have a legal system that will guarantee equality of all before the law;

(g) South Africa shall have an independent and non-racial judiciary;

(h) There shall be created an economic order that will promote and advance the well-being of all South Africans;

(i) A democratic South Africa shall respect the rights, sovereignty and territorial integrity of all countries and pursue a policy of peace, friendship and mutually beneficial cooperation with all peoples.

4. We believe that acceptance of these fundamental principles could constitute the basis for an internationally acceptable solution that will enable South Africa to take its rightful place as an equal partner among the world community of nations.

5. We believe that it is essential that the necessary climate be created for negotiations. There is an urgent need to respond positively to this universally acclaimed demand and thus create this climate.

6. Accordingly, the present South African regime should, at the least:

(a) Release all political prisoners and detainees unconditionally and refrain from imposing any restrictions on them;

(b) Lift all bans and restrictions on all proscribed and restricted organizations and persons;

(c) Remove all troops from the townships;

(d) End the state of emergency and repeal all legislation, such as the Internal Security Act, designed to circumscribe political activity;

(e) Cease all political trials and political executions.

7. These measures would help create the necessary climate in which free political discussion can take place - an essential condition to ensure that the people themselves participate in the process of remaking their country.

8. We are of the view that the parties concerned should, in the context of the necessary climate, negotiate the future of their country and its people in good faith and in an atmosphere which, by mutual agreement between the liberation movements and the South African regime, would be free of violence. The process could commence along the following guidelines:

(a) Agreement on the mechanism for the drawing up of a new constitution, based on, among others, the principles enunciated above, and the basis for its adoption;

(b) Agreement on the role to be played by the international community in ensuring a successful transition to a democratic order;

(c) Agreed transitional arrangements and modalities for the process of the drawing up and adoption of a new constitution, and for the transition to a democratic order, including the holding of elections.

9. In pursuance of the objectives stated in this Declaration, we hereby decide:

(a) To remain seized of the issue of a political resolution of the South African question;

(b) To step up all-round support for the opponents of apartheid and to campaign internationally in pursuance of this objective;

(c) To use concerted and effective measures, including the full observance by all countries of the mandatory arms embargo, aimed at applying pressure to ensure a speedy end to apartheid;

(d) To ensure that the international community does not relax existing measures aimed at encouraging the South African regime to eradicate apartheid until there is clear evidence of profound and irreversible changes, bearing in mind the objectives of this Declaration;

(e) To render all possible assistance to the front-line and neighbouring States to enable them: to rebuild their economies, which have been adversely affected by South Africa's acts of aggression and destabilization; to withstand any further such acts; and to continue to support the peoples of Namibia and South Africa;

(f) To extend such assistance to the Governments of Angola and Mozambique as they may request in order to secure peace for their peoples, and to encourage and support peace initiatives undertaken by the Governments of Angola and Mozambique aimed at bringing about peace and normalization of life in their countries;

(g) The new South Africa shall, upon adoption of the new constitution, participate fully in relevant organs and specialized agencies of the United Nations.

10. We request the Secretary-General to transmit copies of the present Declaration to the South African Government and the representatives of the oppressed people of South Africa and also request the Secretary-General to prepare a report and submit it to the General Assembly by 1 July 1990 on the progress made in the implementation of the present Declaration.

Document 131

Report by the Secretary-General on Progress Made in the Implementation of the Declaration on Apartheid and its Destructive Consequences in Southern Africa; includes statement by Nelson Mandela, Deputy President of the African National Congress, in the Special Committee against Apartheid on 22 June 1990.

A/44/1990, 1 July 1990

1. At its sixteenth special session, on 14 December 1989, the General Assembly adopted the Declaration on Apartheid and its Destructive Consequences in Southern Africa (resolution S-16/1) (annex VII). The Declaration, inter alia, encouraged the people of South Africa to join together to negotiate an end to the apartheid system and agree on all the measures that are necessary to transform their country into a non-racial democracy. The Declaration dealt with fundamental principles for a new constitutional order (para. 3), with the creation of a climate for negotiations (paras. 5-7), with guidelines to the process of negotiations (para. 8) and with a programme of action in pursuance of the objectives of the Declaration (para. 9).

2. In paragraph 10 of the Declaration, the General Assembly requested the Secretary-General to transmit copies of the Declaration to the South African Government and the representatives of the people of South Africa, and to prepare a report on the progress made in the implementation of the Declaration and submit it to the Assembly by 1 July 1990.

3. Prior to the adoption of the Declaration, on 7 December 1989, the Minister for Foreign Affairs of the Republic of South Africa addressed a letter to the Secretary-General in which he outlined the position of the Government of South Africa relating to the draft declaration then under consideration (annex III).

4. Pursuant to paragraph 10 of the Declaration, on 12 January 1990, the Secretary-General personally transmitted to the Permanent Representative of South Africa to the United Nations a copy of the Declaration. He also transmitted copies of the Declaration to the Permanent Observers of the African National Congress and the Pan Africanist Congress of Azania on 7 February 1990. In addition, the text of the Declaration was transmitted to the Permanent Representatives of Member States by a note verbale dated 7 March 1990, requesting them to bring the Declaration to the attention of their Governments and to provide the Secretary-General with information on the action which their Governments had taken in respect to provisions of the Declaration that concerned them. The replies received to date from Member States are reproduced in annex II. In addition, the Secretary-General of the Organization of African Unity provided a copy of the report of the Monitoring Group of the OAU Ad Hoc Committee on Southern Africa, which is being issued separately as a document of the General Assembly.

5. Since it was important that the report be as factual as possible, the Secretary-General, while in Windhoek on 20 March 1990, sought the agreement of the State President of South Africa for a team of senior United Nations officials to visit the Republic at an appropriate date. While agreeing to this suggestion, the State President made it clear that this was without prejudice to the position of his Government on the question of non-interference in the internal affairs of South Africa.

...

10. The Secretary-General has been greatly encouraged by the positive developments that have taken place within South Africa since the beginning of this year. The bold and courageous policy to which President de Klerk has committed his Government opens up distinct possibilities for the dismantling of the apartheid system. Equally encouraging and statesmanlike has been the vision and forbearance displayed by the black leadership which, despite long years of injustice and oppression, has renewed its commitment to a peaceful process for ending apartheid and building a non-racial and democratic society.

11. The fact that the United Nations Team was able to meet with whom it wished, travel where it desired, and receive freely the views of all on political issues arising from the policy of apartheid, demonstrates, by itself, a significant change in the political climate.

12. Of the measures required by the Declaration on Apartheid and its Destructive Consequences in Southern Africa to create a climate for free political activity, the measure relating to the lifting of the ban on political parties and movements has been implemented in full. Other measures have been implemented in part. While it is evident that an important process has been set in motion, many believe that the Government should implement all measures in their totality to create the appropriate atmosphere.

13. Parallel with the need to establish an appropriate climate for the negotiations is the urgent requirement to end the violence. The issue of violence, not least in Natal, urgently needs to be addressed at the highest level since, if it is allowed to continue unrestrained, the consequences could well present serious difficulties for the political process. The Secretary-General therefore appeals to all parties to do whatever is necessary to end the violence and to work together to build a peaceful South Africa.

14. It is quite clear from the report of the Team that a substantial body of public opinion is anxious to see that the process for the dismantlement of the apartheid system be accelerated.

15. Some of the data in the report illustrate vividly the grave social injustices that have been inflicted by apartheid on the black population. The Secretary-General would strongly endorse any measures aimed at redressing the social and economic imbalances, particularly in the area of housing, education, employment and health. Such measures would go a long way towards addressing effectively glaring inequities and instilling public confidence in the democratic process and in national institutions.

16. The Secretary-General was requested by the General Assembly to submit a report on the progress made in the implementation of the Declaration on Apartheid within six months of its adoption. As the report of the United Nations Team shows, the political process towards the dismantlement of the apartheid system is still at an early stage. Political parties and movements are in the first phases of developing their responses to the negotiating process. For this reason the report does not comment in detail on some of the major issues covered by the Declaration, such as those envisaged in paragraph 8 of that document concerning the mechanisms for drafting a constitution, as well as the principles of the constitution itself.

...

ANNEX VI

Statement by Nelson Mandela, Deputy President of the African National Congress, to the 641st meeting of the Special Committee against Apartheid on 22 June 1990

Your Excellency Ambassador Ibrahim Gambari, Permanent Representative of the Federal Republic of Nigeria and Chairman of the Special Committee against Apartheid; Your Excellency Mr. Joseph Garba, President of the General Assembly; Your Excellency Mr. Javier Perez de Cuellar, Secretary-General of the United Nations; Your Excellencies Permanent Representatives; Heads of Observer Missions; ladies and gentlemen, friends and comrades:

We feel especially honoured and privileged to have the possibility today to stand at this particular place, to speak to all of you, who represent the peoples of the world. We are most grateful to you, Mr. Chairman, the Special Committee against Apartheid, the Secretary-General and all Member States of the Organization for making it possible for us to be here.

The tragedy is that what has created the need for this gathering and made it seem natural that we must gather in this historic meeting place is the fact of the continuing commission of a crime against humanity. How much better it would have been if we were meeting to celebrate a victory in hand, a dream fulfilled, the triumph of justice over a tyrannical past, the realization of the vision enshrined in the United Nations Charter and the Universal Declaration of Human Rights.

It will for ever remain an indelible blight on human history that the apartheid crime ever occurred. Future generations will surely ask: what error was made that this system established itself in the wake of the adoption of a Universal Declaration of Human Rights?

It will for ever remain an accusation and a challenge to all men and women of conscience that it took as long as it has before all of us stood up to say enough is enough. Future generations will surely inquire: what error was made that this system established itself in the aftermath of the trials at Nuremberg?

These questions will arise because when this august body, the United Nations, first discussed the South African question, in 1946, it was discussing the issue of racism. They will be posed because the spur to the establishment of this Organization was the determination of all humanity never again to permit racist theory and practice to dragoon the world into the deathly clutches of war and genocide.

And yet, for all that, a racist tyranny established itself in our country. As they knew would happen, who refused to treat this matter as a quaint historical aberration, this tyranny has claimed its own conclave of victims. It has established its own brutal worth by the number of children it has killed and the orphans, the widows and widowers it can claim as its unique creation.

And still it lives on, provoking strange and monstrous debates about the means that its victims are obliged to use to rid themselves of this intolerable scourge, eliciting arguments from those who choose not to act, that to do nothing must be accepted as the very essence of civilized opposition to tyranny.

We hold it as an inviolable principle that racism must be opposed by all the means that humanity has at its disposal. Wherever it occurs it has the potential to result in a systematic and comprehensive denial of human rights to those who are discriminated against. This is because all racism is inherently a challenge to human rights, because it denies the view that every human being is a person of equal worth with any other, because it treats entire peoples as sub-human.

This is why it was correct to characterize the apartheid system as a crime against humanity and appropriate that the international community should decide that it should be suppressed and punishment meted out against its perpetrators. We pay tribute to this Organization and its Member States for this and other decisions and actions it took to expunge this crime.

We also take this opportunity to salute the Special Committee against Apartheid, which has been and is a very important instrument in our struggle against the iniquitous and oppressive policies of the South African Government. We salute also the States that make up its membership, which have been unrelenting in their resolve to contribute everything they could to ensure that the world was mobilized to act against the apartheid system.

In this connection also, Sir, allow us to express a well-deserved tribute to your country, Nigeria, which you so ably represent, as did your predecessor in this important office, His Excellency Major-General Joseph Garba, current President of the General Assembly, under whose leadership the United Nations Declaration on South Africa was adopted by consensus at the sixteenth special session of the General Assembly last December.

That Declaration will go down in history as one of the most important documents in the struggle of the international community against apartheid. The fact that it was adopted by consensus was itself a telling blow against the apartheid system and a vital statement underlining the unity of the world community on the South African question and its resolution.

We look forward to the report that the Secretary-General of the United Nations will submit dealing with the question of the implementation of the Declaration in South Africa. This report will also be important to the extent that it will provide a basis for further decisions by the United Nations regarding future action on the question of apartheid.

What must, however, be clear is that the apartheid system remains in place. None of the principles laid down in the Declaration has been implemented to provide what the Declaration characterized as an internationally acceptable solution of the South African question. Similarly, the profound and irreversible changes which the Declaration visualized have not yet occurred.

The conclusion from these observations would seem clear to us. It is that nothing which has happened in South Africa calls for a revision of the positions that this Organization has taken in its struggle against apartheid. We therefore strongly urge that there should be no relaxation of existing measures. The sanctions that have been imposed by the United Nations and by individual Governments should remain in place.

We also urge that the United Nations should do everything in its power to maintain the unity it achieved when it adopted the Declaration on South Africa last December. We therefore hope that all Member States will continue to act in concert so as not to create any situation in which those who are opposed to change in our country find encouragement to resist change, because some countries would have destroyed the consensus that has been achieved. In this regard, we take this opportunity once more to call on the countries of the European community, which are holding a summit meeting in a few days' time, themselves to remain faithful to the purposes of the Declaration to whose elaboration they were party and for which they voted.

At the initiative of ANC, the process has begun which could lead to a just political settlement in our country. At our well-known meeting in Cape Town, at the beginning of last month, we agreed with the South African Government on the removal of the obstacles to negotiations which are identified in the Declaration. The process of implementing that agreement has started, but as this distinguished gathering knows, a lot still remains to be done before we can say that a climate conducive to negotiations has been created.

We therefore still have some distance to travel before we undertake the further steps outlined in the Declaration, leading to negotiations for the adoption of a new, democratic constitution. The fact that a good beginning was made in Cape Town should not lead us to conclude that further progress is assured or that we will not have to confront major obstacles in future.

In this regard, we would like to reiterate what we have said before, that we believe that President de Klerk and his colleagues in the leadership of the ruling party are people of integrity. We are of the view that they will abide by decisions that are arrived at in the course of our discussions and negotiations. This, in itself, is an important victory of our common struggle because it is that struggle which has made the cost of maintaining the apartheid system too high and helped to convince the ruling group in our country that changes can no longer be resisted.

It is, however, also true that there are many among our white compatriots who are still committed to the maintenance of the evil system of white minority domination. Some are opposed because of their ideological adherence to racism. Others are resisting because they fear democratic majority rule. Some of these are armed and are to be found within the army and the police.

Outside of these State agencies, other whites are working at a feverish pace to establish paramilitary groups whose stated aim is the physical liquidation of ANC, its leadership and membership, as well as other persons or formations which these right-wing terrorists see as a threat to the continued existence of the system of white minority domination. We cannot afford to underestimate the threat that these defenders of a brutal and continuing reality pose to the whole process of working towards a just political settlement.

The ANC is determined to do everything in its power to ensure speedy movement forward towards the peaceful abolition of the apartheid system. To this end we are engaged in many initiatives within South Africa aimed at bringing into the process of negotiations all the people and the representative political formations of our country. We have to overcome the mistrust that exists on both sides and reinforce the understanding that the only victory we should all seek is the victory of the people as a whole and not the victory of one party over another.

It is obvious that none of these processes can be easy. We are, however, inspired by the experience of the people of Namibia and our comrades-in-arms of the South West Africa People's Organization (SWAPO), who also overcame the divisions and the mistrust generated by the apartheid system, carried out a peaceful political process within a relatively short period of time and are today a proud nation of independent people. We take this opportunity to salute the representatives of the Namibian people who are present in this Hall and acknowledge the debt we owe them for the contribution they have made to our own liberation.

We also salute the front-line States of southern Africa and the rest of our continent for their own enormous contribution to the struggle against apartheid, which has brought us to the point today when we can say that the victory of the struggle for a united, democratic and non-racial South Africa is within our grasp.

Tribute is also due to the non-aligned countries and Movement and the peoples of the rest of the world for their own sterling efforts in pursuit of the common cause. What we must once more urge is that all these forces should maintain their unity around the perspectives contained in the United Nations and Harare Declarations on South Africa. How fast we progress towards liberation will depend on how successful we are in our efforts to sustain that united resolve.

This is for us a moving moment because we know that as we stand here we are among friends and people of conscience. We know this because we know what you did over the decades to secure my release and the release of other South African political prisoners from Pretoria's dungeons. We thank you most sincerely for this, especially because you have thus given us the opportunity to join hands with you in the search for a speedy solution to the enormous problems facing our country, our region and continent and humanity as a whole.

We know also that you harbour the hope that we will not relent or falter in the pursuit of that common vision which should result in the transformation of South Africa into a country of democracy, justice and peace. Standing before the nations of the world, we make that commitment, strengthened by the knowledge that you will fight on side by side with us until victory is achieved.

We also take this opportunity to extend warm greetings to all others who fight for their liberation and their human rights, including the peoples of Palestine and Western Sahara. We commend their struggles to you, convinced that we are all moved by the fact that freedom is indivisible, convinced that the denial of the rights of one diminishes the freedom of others.

We thank you for your kind invitation to us to address this gathering and for the opportunity it has given us to pay homage to you all: to the Secretary-General, to the President of the General Assembly, to the Special Committee against Apartheid and to the United Nations itself for the work that has been done to end the apartheid crime against humanity.

The distance we still have to travel is not long. Let us travel it together. Let us, by our joint actions, vindicate the purposes for which this Organization was established and create a situation wherein its Charter and the Universal Declaration of Human Rights will become part of the body of law on which will be based the political and social order of a new South Africa. Our common victory is assured.

Document 132

General Assembly resolution: Policies of apartheid of the Government of South Africa

A/RES/44/244, 17 September 1990

The General Assembly,

Recalling the Declaration on Apartheid and its Destructive Consequences in Southern Africa, adopted by consensus on 14 December 1989 at the sixteenth special session of the General Assembly,

Bearing in mind that the Declaration called upon the South African regime, inter alia, to undertake certain measures in order to create a climate suitable for negotiations in South Africa,

Recalling that the Declaration called upon the international community not to relax existing measures aimed at encouraging the South African regime to eradicate apartheid until there is clear evidence of profound and irreversible changes, bearing in mind the objectives of the Declaration,

Noting that the States Members of the United Nations and the members of the international community have generally adhered to the programme of action contained in the Declaration and expressing its concern over any departures that have occurred from the international consensus reflected in the Declaration,

Taking careful note of the report of the Secretary-General on the progress made in the implementation of the Declaration and welcoming his contributions,

Taking note of the report of the Monitoring Group of the Ad Hoc Committee on Southern Africa of the Organization of African Unity,

Taking note also of other statements and reports from Member States and regional groups on this issue,

Noting that while some significant measures in the right direction have been undertaken by the South African regime, such as the unbanning of the African National Congress of South Africa, the Pan Africanist Congress of Azania and other political organizations and the release of some political prisoners, including Nelson Mandela, and the regime's declared commitment to abolish the apartheid system, continued efforts are needed to establish a climate fully conducive to negotiations and free political activity,

Welcoming the ongoing talks between the African National Congress of South Africa and the South African regime aimed at eliminating obstacles to the commencement of negotiations towards a peaceful settlement in South Africa, and the results achieved thus far as set out in the Groote Schuur Minute of 4 May 1990 and the Pretoria Minute of 6 August 1990,

Gravely concerned with the escalating violence in South Africa resulting largely from continued existence of the apartheid policies, practices and structures, and actions of those opposed to the democratic transformation of South Africa,

1. Reaffirms the provisions of the Declaration on Apartheid and its Destructive Consequences in Southern Africa and the need for their full and immediate implementation;

2. Determines that further steps need to be undertaken by the South African regime to implement the profound and irreversible changes called for in the Declaration;

3. Calls upon all Governments and intergovernmental organizations to adhere strictly to the programme of action contained in the Declaration by maintaining existing measures aimed at encouraging the South African regime to eradicate apartheid until there is clear evidence of profound and irreversible changes, bearing in mind the objectives of the Declaration;

4. Calls upon the South African regime to proceed without delay to establish a climate fully conducive to negotiations by taking all the steps stipulated in the Declaration, in particular, to implement its commitment to repeal all legislation, such as the Internal Security Act, designed to circumscribe political activity;

5. Calls for an immediate end to violence and urges the South African authorities to take urgent action to end it, specifically by dismantling the apartheid structures as well as ensuring effective and impartial action by the security forces and calls upon all parties concerned to contribute to the establishment of a climate free of violence;

6. Welcomes the fact that the African National Congress of South Africa and the South African regime have engaged in talks which have thus far resulted in the Groote Schuur and the Pretoria minutes aimed at facilitating the commencement of substantive negotiations;

7. Commends the African National Congress of South Africa for having taken the initiative in calling for talks with the South African regime and for its landmark decision to suspend the armed struggle;

8. Urges the international community and the Secretary-General, through the relevant United Nations agencies, to provide all possible assistance to facilitate the re-establishment of previously banned political organizations in South Africa as well as the reintegration of released political prisoners;

9. Requests the Secretary-General, through the relevant United Nations agencies, to provide all necessary assistance for the voluntary repatriation of the South African refugees and political exiles in safety and dignity, and requests the South African regime, the liberation movements and other organizations in South Africa and the international community to extend their full support to this endeavour;

10. Also requests the Secretary-General to remain actively seized of developments in South Africa and to submit by 30 June 1991 to the forty-fifth session of the General Assembly a report on further progress in the implementation of the Declaration.

Document 133

Statement by Secretary-General Javier Pérez de Cuéllar on the occasion of the International Day of Solidarity with South African Political Prisoners.

UN Press Release SG/SM/4504 - GA/AP/2001, 11 October 1990

Today's observance of the International Day of Solidarity with South African Political Prisoners is taking place at a historic juncture in South Africa. Political developments over the past year hold promise that more tangible progress will be made in dismantling the system of apartheid, thus removing a major cause for the unjust imprisonment of those who seek an equitable system of government under which the rights of all will be assured.

I know that I express the strong hope of all present here that the time will soon come when South Africa will be transformed into a united, democratic and non-racial society. It remains my conviction that such a transformation is within the grasp of the South African people and, given the political will, statesmanship and a scrupulous regard for the rights of all, I have no doubt that it will materialize.

These sentiments were expressed by the General Assembly in its Declaration on Apartheid last December. The Assembly affirmed its belief that certain measures were needed in order to create the necessary climate for negotiations. Among these was the requirement that the South African Government should release all political prisoners and detainees unconditionally and refrain from imposing any restrictions on them.

In this connection, we have all welcomed the developments that have led to the release from imprisonment of leaders such as Nelson Mandela, Zephania Mothopeng, Walter Sisulu and others. Their release was a vindication of all that we in this Organization cherish and hold dear.

The concern of the General Assembly towards political prisoners and exiles was again reflected in the resolution it adopted last month under which it requested me to provide all possible assistance, through relevant United Nations agencies, to facilitate the return of exiles and refugees, and the reintegration of released political prisoners into South African society. United Nations stands ready to do so. Consultations have in fact already begun between the United Nations High Commissioner for Refugees (UNHCR) and the concerned parties.

The agreements reached between the Government of South Africa and the African National Congress (ANC), at their meeting in Pretoria last August, provide for a plan for the release of ANC-related prisoners and the granting of indemnity to groups of persons in a phased manner. I was glad to learn yesterday that a further group of political prisoners has been released.

There is no doubt that the agreements reached in August will promote the confidence that will further contribute to the creation of a climate conducive to negotiations. Undoing the wrongs inflicted by apartheid and establishing fully the conditions in which free political activity can take place are necessary ingredients for national reconciliation. These are indispensable steps in strengthening the process for political change that has now been initiated in South Africa.

Let me again stress how critical it is that an atmosphere free from violence and intimidation be restored throughout South Africa. All parties concerned must contribute to the establishment of a peaceful climate which will assure security for all, and enable the energies of the people to be devoted towards nation-building.

Our thoughts today go to all political prisoners who still languish in jail and are sacrificing their freedom in the cause of democracy, decency and dignity. They too must be released.

Document 134

General Assembly resolution: Policies of apartheid of the Government of South Africa - International efforts to eradicate apartheid.

A/RES/45/176 A, 19 December 1990

The General Assembly,

Reaffirming the Declaration on Apartheid and its Destructive Consequences in Southern Africa, contained in the annex to its resolution S-16/1 of 14 December 1989, and its resolution 44/244 of 17 September 1990,

Having considered the report of the Special Committee against Apartheid, and the report of the Secretary-General on progress made in the implementation of the Declaration,

Convinced that the total eradication of apartheid and the establishment, through broad-based negotiations, of a non-racial democracy based on a new constitutional order providing for universal, equal suffrage under a non-racial voters' roll can lead to a peaceful and lasting solution to the problems facing the people of South Africa,

Also convinced that the policy and practice of apartheid breeds violence and its continuation would be detrimental to the vital interests of all the people of South Africa,

Gravely concerned at the continuing repression of the majority population in South Africa through the apartheid system, manifested, inter alia, by detentions without trial, continued possibility of executions of political prisoners, absence of full implementation of agreements regarding the return of political exiles without restrictions and repressive provisions in the Internal Security Act,

Noting that, while some significant measures in the right direction have been undertaken by the South African authorities, including the recent repeal of the Separate Amenities Act and the lifting of the state of emergency throughout the country, continuing effort is needed to facilitate free political activity and to foster a climate fully conducive to negotiations,

Welcoming the ongoing talks between the African National Congress of South Africa and the South African authorities aimed at facilitating the commencement of substantive broad-based negotiations,

Noting that the African National Congress, in an effort to contribute to an atmosphere free of violence, which is in accordance with the guidelines of the Declaration, and further to the agreements set out in the Pretoria Minute of 6 August 1990, has suspended its armed activities,

Gravely concerned that the recurring violence resulting largely from the persistence of apartheid and other factors, including actions of those opposed to the democratic transformation of South Africa, poses a threat to the negotiating process,

Noting with serious concern the continuing effects of the acts of aggression and destabilization that have been committed by South Africa against neighbouring independent African States, in particular against Angola and Mozambique,

Noting that the international community has generally adhered to the programme of action contained in the Declaration, and expressing its concern over any departures that have occurred from the international consensus reflected in the Declaration,

Recognizing the responsibility of the United Nations and the international community to take all necessary measures aimed at the eradication of apartheid through peaceful means, in particular by adhering to the programme of action contained in the Declaration by maintaining the measures aimed at encouraging the South African authorities to eradicate apartheid and to promote profound and irreversible change,

1. Reaffirms its support for the legitimate struggle of the South African people for the total eradication of apartheid and the establishment of a united, non-racial and democratic society in South Africa in which all its people, irrespective of race, colour, sex or creed, will enjoy the same fundamental freedoms and human rights;

2. Takes note of Pretoria's declared commitment to abolish the apartheid system;

3. Reaffirms the provisions of the Declaration on Apartheid and its Destructive Consequences in Southern Africa and the need for their full and immediate implementation;

4. Fully supports the efforts of the South African people to arrive at a peaceful settlement of the problems in their country through genuine negotiations, and welcomes the fact that the African National Congress of South Africa and the South African regime have engaged in talks that have thus far resulted in the agreements set out in the Groote Schuur Minute of 4 May 1990 and in the Pretoria Minute, aimed at facilitating the commencement of substantive negotiations;

5. Calls upon the South African authorities to continue their efforts to foster a climate fully conducive to negotiations and free political activity, in particular by repealing all repressive legislation, such as provisions in the Internal Security Act, by ending detentions without trial, by allowing the return of all political exiles without restrictions and by fully implementing all agreements reached so far with the African National Congress, including the release of all remaining political prisoners;

6. Calls for a speedy and full implementation of the agreements reached so far between the South African regime and the African National Congress;

7. Welcomes the progress made thus far aimed at facilitating the commencement of substantive broad-based negotiations and encourages all parties concerned, taking into account the guidelines to the process of negotiations contained in the Declaration, to participate fully in future negotiations, in order to secure the adoption of a new constitution and the establishment of a united, non-racial and democratic South Africa;

8. Calls for an immediate end to violence, which has resulted largely from the continued existence of the apartheid policies, practices and structures;

9. Calls upon the South African authorities to redouble their efforts to end recurring violence by ensuring effective and impartial actions by all branches of government and all competent authorities against all those responsible for violence, including vigilante groups, and calls upon all parties concerned to contribute to the establishment of an atmosphere free of violence;

10. Considers that while the South African authorities have declared their intention to eradicate apartheid and embark on negotiations for a new constitution, the process of change in South Africa remains at an early stage and further substantive progress needs to be made to promote the profound and irreversible changes called for in the Declaration;

11. Calls upon all Governments and intergovernmental organizations to adhere strictly to the programme of action contained in the Declaration by maintaining the measures aimed at applying pressure on the South African regime to eradicate apartheid and to promote profound and irreversible changes, bearing in mind the objectives of the Declaration, namely, the speedy eradication of apartheid and the establishment of a united, democratic, non-racial South Africa;

12. Calls upon all Governments, intergovernmental organizations and financial institutions to use concerted and effective measures, particularly in the areas of economic and financial relations with apartheid South Africa, aimed at applying pressure to ensure a speedy end to apartheid;

13. Calls upon all Governments to observe fully the mandatory arms embargo and requests the Security Council to monitor effectively the strict implementation of the arms embargo;

14. Appeals to all Governments and organizations to render all possible assistance to the front-line States, particularly Angola and Mozambique, to enable them to reconstruct their economies, which have been devastated from years of destabilization;

15. Appeals to all States, organizations and institutions to increase economic, humanitarian, legal, educational and other assistance and support to the victims of apartheid and to all those, including previously banned organizations, who oppose apartheid and promote a united, non-racial, democratic society in South Africa;

16. Urges the international community and the Secretary-General, through the relevant United Nations agencies, to provide all possible assistance to facilitate the re-establishment of previously banned political organizations in South Africa as well as the reintegration of released political prisoners and returning South African refugees and exiles;

17. Requests the Secretary-General to ensure the coordination of activities of the United Nations system in the implementation of the Declaration and report thereon to the General Assembly at its forty-sixth session, and to continue monitoring the implementation of the Declaration as well as pursuing appropriate initiatives to facilitate all efforts leading to the peaceful eradication of apartheid.

Document 135

General Assembly resolution: Policies of apartheid of the Government of South Africa - Concerted and effective measures aimed at eradicating apartheid.

A/RES/45/176 B, 19 December 1990

The General Assembly,

Recalling the Declaration on Apartheid and its Destructive Consequences in Southern Africa, adopted by consensus on 14 December 1989 at its sixteenth special session, and its resolution 44/244 of 17 September 1990,

Recalling also its resolution 44/27 K of 22 November 1989 and other relevant resolutions,

Taking note of the report of the Special Committee against Apartheid and of the reports of the Secretary-General on international financial pressure on the apartheid economy of South Africa and measures to monitor sanctions undertaken by the United Nations system, Governments and non-governmental agencies,

Gravely concerned that, in spite of recent positive developments in South Africa, the system of apartheid and most of its main pillars, namely, the Land Acts, the Group Areas Act, the Population Registration Act, the Bantu Education Act and the acts establishing the tricameral Parliament and the bantustan system, still remain intact,

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 towards the peaceful resolution of the conflict in that country,

Strongly convinced that the imposition of comprehensive and mandatory sanctions by the Security Council under Chapter VII of the Charter of the United Nations remains the most appropriate and effective means to bring about a peaceful end to apartheid,

Noting that the States Members of the United Nations and the members of the international community have generally adhered to the programme of action contained in the Declaration and expressing its concern over any departures that have occurred from the international consensus reflected in the Declaration,

Gravely concerned that some Member States and transnational corporations have continued economic relations with South Africa, while others continue to undermine the sanctions imposed by other States, by establishing and/or increasing their trade with that country, as borne out in the report of the Special Committee,

Noting with concern that sanctions and other measures adopted by the General Assembly, as well as measures introduced unilaterally by a number of States, lack co-ordination, monitoring and enforcement mechanisms,

Considering that measures taken by States individually or collectively, while commendable, vary in coverage and degree of monitoring and enforcement, and are not always addressed to those areas of the South African economy which are responsive to international pressures,

Noting with concern the recent talks between the International Monetary Fund and representatives of the South African regime and any consideration by the Fund of loans to South Africa,

Commending those States which have not relaxed their existing measures and maintained their commitment to the international consensus expressed in the programme of action contained in the Declaration, whereby Member States of the United Nations decided that the international community should not relax existing measures,

1. Reaffirms that apartheid is a crime against the conscience and dignity of humankind and a threat to international peace and security, and that it is a primary responsibility of the United Nations to assist in efforts to eliminate it without further delay;

2. Calls upon all States, especially those States which have increased or initiated trade, financial and other links with South Africa, in particular the leading trading partners of South Africa, as indicated in the annual report of the Special Committee against Apartheid, to adhere fully to the programme of action contained in the Declaration on Apartheid and its Destructive Consequences in Southern Africa;

3. Calls upon all States to maintain existing measures aimed at applying pressure on apartheid South Africa, particularly in the following areas:

(a) Supply of all products, in particular computer and communications equipment, technologies, skills and services, including military intelligence, that can be used for the military and nuclear industry of South Africa;

(b) Import of coal, gold and other minerals and agricultural products from South Africa;

(c) Effective withdrawal of transnational corporations, banks and financial institutions from South Africa by ceasing equity investment and by cutting off non-equity links, particularly those involving transfer of high technology and know-how;

(d) Provision of new credits and loans;

(e) Double taxation agreements with South Africa and any form of tax relief in respect of income from investments in that country;

(f) Landing and port rights to South African air and sea carriers and direct air, sea and other transport links with South Africa;

4. Appeals to all Governments, organizations and individuals to refrain from any sports relations with South Africa and not entertain any cultural or academic links unless any particular activity in the cultural and academic fields has the intent and effect of opposing apartheid in line with United Nations policy on this matter, and to give appropriate assistance in these fields to the anti-apartheid forces and to the disadvantaged sections of South African society;

5. Urges Governments and private financial institutions, as well as the International Monetary Fund and the World Bank, not to extend loans and credits to South Africa, whether to the public or private sector, until there is clear evidence of profound and irreversible changes in South Africa, bearing in mind the objectives of the Declaration;

6. Urges all States to close existing loopholes in their existing measures, monitor strictly their implementation and adopt and apply, when necessary, legislation providing for penalties on individuals and enterprises violating those measures;

7. Requests the Special Committee to continue to monitor the implementation of existing measures aimed at the eradication of apartheid, and to report thereon to the General Assembly and the Security Council as appropriate;

8. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the implementation of the present resolution.

Document 136

General Assembly resolution: Policies of apartheid of the Government of South Africa - Military collaboration with South Africa.

A/RES/45/176 C, 19 December 1990

The General Assembly,

Recalling the Declaration on Apartheid and its Destructive Consequences in Southern Africa, adopted by consensus on 14 December 1989 at its sixteenth special session, and its resolution 44/244 of 17 September 1990,

Recalling its resolutions and those of the Security Council on the arms embargo, as well as other resolutions on collaboration with South Africa,

Taking note of the report of the Special Committee against Apartheid and the report of the Security Council Committee established by Council resolution 421 (1977) of 9 December 1977 concerning the question of South Africa on its activities during the period 1980-1989,

Noting with grave concern that the mandatory sanctions imposed by the Security Council in its resolution 418 (1977) of 4 November 1977 lack an effective monitoring and enforcement mechanism,

Noting with appreciation the resolve and coerciveness of the Security Council in its handling of questions relating to the preservation of international peace and security,

Reiterating that the full implementation of the arms embargo against South Africa is an essential element of international action against apartheid,

Expressing serious concern at the increasing number of violations of the mandatory arms embargo, particularly by those countries which surreptitiously continue to trade in arms with South Africa and allow South Africa to participate in international arms exhibitions,

Gravely concerned at the practice carried out by certain oil-producing States whereby oil is exchanged for South African arms,

Noting with concern that South Africa's external military relations, especially in the area of military technology and, in particular, in the production and testing of nuclear missiles, continue unabated,

1. Strongly deplores the actions of those States which, directly or indirectly, continue to violate the arms embargo and collaborate with South Africa in the military, nuclear, intelligence and technology fields, and calls upon those States to terminate forthwith such hostile acts and honour their obligations under Security Council resolution 421 (1977);

2. Urges all States to adopt strict legislation relating to the implementation of the arms embargo and prohibit the supply to South Africa of all products, in particular computer and communications equipment, technologies, skills and services, including military intelligence, that can be used for the military and nuclear industry of that country;

3. Urges the Security Council to consider immediate steps to ensure the scrupulous and full implementation and the effective monitoring of the arms embargo imposed by Council resolutions 418 (1977) and 558 (1984) of 13 December 198

4. Also urges the Security Council to implement the recommendations of the report of the Committee established under Council resolution 421 (1977) concerning appropriate measures against those States violating the mandatory arms embargo against South Africa;

5. Requests the Special Committee against Apartheid to keep the matter under constant review and to report thereon to the General Assembly and the Security Council as appropriate.

Document 137

General Assembly resolution: Policies of apartheid of the Government of South Africa - Programme of work of the Special Committee against Apartheid.

A/RES/45/176 E, 19 December 1990

The General Assembly,

Having considered the report of the Special Committee against Apartheid,

1. Commends the Special Committee against Apartheid for the diligent manner in which it has discharged its responsibilities in monitoring the situation in South Africa and promoting international action against apartheid;

2. Takes note of the report of the Special Committee and endorses its recommendations relating to its programme of work;

3. Authorizes the Special Committee, in accordance with its mandate and acting, with the support services of the United Nations Centre against Apartheid, as the focal point for the international campaign against apartheid and the promotion of the implementation of the Declaration on Apartheid and its Destructive Consequences in Southern Africa:

(a) To continue monitoring closely developments in South Africa and the actions of the international community, particularly regarding the need for maintaining pressure on South Africa as called for in the Declaration;

(b) To continue mobilizing international action against apartheid, inter alia, through collection, analysis and dissemination of information, through liaison and consultations with Governments, intergovernmental and non-governmental organizations and relevant individuals and groups, both inside and outside South Africa, able to influence public opinion and decision-making, and through missions, hearings, conferences, publicity and other relevant activities;

(c) To publish an interim annual report during the first half of 1991 on developments in South Africa and on the international response thereto and, in this context, undertake, as appropriate, consultations with the parties concerned;

4. Appeals to all Governments, intergovernmental and non-governmental organizations to increase their co-operation with the Special Committee and the Centre in the discharge of their mandates;

5. Requests all United Nations bodies, organs and agencies to co-operate with the Special Committee and the Centre in their activities in order to ensure consistency, improve co-ordination and efficient use of available resources and avoid duplication of efforts in the implementation of the relevant resolutions of the General Assembly and the Security Council;

6. Requests Governments and organizations to provide financial and other assistance for the special projects of the Special Committee and to make generous contributions to the Trust Fund for Publicity against Apartheid;

7. Appeals to all Governments, intergovernmental and non-governmental organizations, information media and individuals to co-operate with the Centre and the Department of Public Information of the Secretariat in their activities relating to apartheid and, in particular, in disseminating information on the evolving situation in South Africa;

8. Decides to continue the authorization of adequate financial provision in the regular budget of the United Nations to enable the African National Congress of South Africa and the Pan Africanist Congress of Azania to maintain offices in New York in order to participate effectively in the deliberations of the Special Committee and other appropriate bodies;

9. Decides to make a special allocation of 480,000 United States dollars to the Special Committee for 1991 from the regular budget of the United Nations to cover the cost of special projects to be decided upon by the Committee.

Document 138

General Assembly resolution: Policies of apartheid of the Government of South Africa - Oil embargo against South Africa.

A/RES/45/176 F, 19 December 1990

The General Assembly,

Having considered the report of the Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa, as well as its interim report, which was adopted unanimously on 12 June 1990,

Recalling its resolution 44/244 of 17 September 1990, in which it reaffirmed the Declaration on Apartheid and its Destructive Consequences in Southern Africa, which was adopted by consensus on 14 December 1989 by the General Assembly at its sixteenth special session,

Recalling also its resolutions on the oil embargo against South Africa, in particular resolution 44/27 H of 22 November 1989,

Recognizing the importance of the oil embargo and other existing measures imposed by the international community on the apartheid regime towards the elimination of apartheid through negotiations, as well as the importance of maintaining these measures until there is clear evidence of profound and irreversible changes, bearing in mind the objectives of the Declaration,

Noting that, while oil-exporting States have committed themselves to an oil embargo against South Africa, very few major shipping States have done so,

Concerned that the oil embargo against South Africa is still being violated and that South Africa, because of loopholes in the embargo, such as lack of effective legislation, has been able to acquire oil and petroleum products,

Convinced that an effective oil embargo against South Africa would contribute to the efforts of the international community to bring about a negotiated settlement and the establishment of a united, non-racial and democratic South Africa,

1. Takes note of the report of the Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa and endorses its recommendations;

2. Commends the proposed model law for the effective enforcement of the oil embargo against South Africa annexed to the annual report of the Intergovernmental Group to States for their attention, including consideration of the adoption of the general principles of the draft within the context and framework of their own legal practices;

3. Urges the Security Council to take action under appropriate provisions of the Charter of the United Nations to ensure an effective embargo on the supply and shipping of oil and petroleum products to South Africa in order to effect a speedy and peaceful eradication of apartheid;

4. Requests all States, pending such decisions, to adopt effective measures and/or legislation to broaden the scope of the oil embargo in order to ensure the complete cessation of the supply and shipping of oil and petroleum products to South Africa, whether directly or indirectly, and in particular:

(a) To apply strictly the "end users" clause and other conditions concerning restriction on destination to ensure compliance with the embargo;

(b) To compel the companies originally selling or purchasing oil or petroleum products, as appropriate to each nation, to desist from selling, reselling or otherwise transferring oil and petroleum products to South Africa, whether directly or indirectly;

(c) To establish strict control over the supply of oil and petroleum products to South Africa by intermediaries, oil companies and traders by placing responsibility for the fulfillment of the contract on the first buyer or seller of oil and petroleum products who would, therefore, be liable for the actions of these parties;

(d) To prevent access by South Africa to other sources of energy, including the supply of raw materials, technical know-how, financial assistance and transport;

(e) To prohibit all assistance to apartheid South Africa, including the provision of finance, technology, equipment or personnel for the prospecting, development or production of hydrocarbon resources, the construction or operation of oil-from-coal or oil-from-gas plants or the development and operation of plants producing fuel substitutes and additives such as ethanol and methanol;

(f) To prevent South African corporations from maintaining or expanding their holdings in oil companies or properties outside South Africa;

(g) To terminate the transport of oil and petroleum products to South Africa by ships flying their flags, or by ships that are ultimately owned, managed or chartered by their nationals or by companies within their jurisdiction;

(h) To develop a system for registration of ships, registered or owned by their nationals, that have unloaded oil or petroleum products in South Africa in contravention of embargoes imposed, and to discourage such ships from calling at South African ports;

(i) To impose penal action against companies and individuals that have been involved in violating the oil embargo, and to publicize cases of successful prosecutions in conformity with their national laws;

(j) To gather, exchange and disseminate information regarding violations of the oil embargo, including ways and means to prevent such violations, and to take concerted measures against violators;

(k) To discourage ships capable of carrying oil or petroleum products in their national registries or owned or managed by companies or individuals within their jurisdiction from engaging in activities that give rise to violation of the oil embargo against South Africa, taking into account legislative and other measures already adopted;

5. Authorizes the Intergovernmental Group to take action to promote public awareness of the oil embargo against South Africa, including, when necessary, sending missions and participating in relevant conferences and meetings;

6. Requests the Intergovernmental Group to submit to the General Assembly at its forty-sixth session a report on the implementation of the present resolution;

7. Requests all States to extend their co-operation to the Intergovernmental Group in the implementation of the present resolution, including submission of proposals for strengthening the mechanism to monitor the supply and shipment of oil and petroleum products to South Africa;

8. Requests the Secretary-General to provide the Intergovernmental Group with all necessary assistance for the implementation of the present resolution.

Document 139

General Assembly resolution: Policies of apartheid of the Government of South Africa - Support for the work of the Commission against Apartheid in Sports.

A/RES/45/176 G, 19 December 1990

The General Assembly,

Recalling its resolutions on the boycott of apartheid in sports and in particular resolution 32/105 M of 14 December 1977 by which it adopted the International Declaration against Apartheid in Sports, resolution 40/64 G of 10 December 1985, the annex to which contains the International Convention against Apartheid in Sports, and resolution 44/27 L of 22 November 1989,

Having considered the report of the Commission against Apartheid in Sports and the relevant sections of the report of the Special Committee against Apartheid,

Reiterating that the sports boycott of South Africa should be maintained until profound and irreversible changes aimed at the total eradication of apartheid take place in that country,

1. Takes note of the report of the Commission against Apartheid in Sports;

2. Calls upon the States that have signed the International Convention against Apartheid in Sports to ratify it and also calls upon other States to accede to it as soon as possible;

3. Commends those Governments, organizations and individual sportsmen and sportswomen who have taken action in accordance with the Register of Sports Contacts with South Africa with a view to achieving the total isolation of apartheid in sports;

4. Requests the Special Committee against Apartheid to continue issuing the Register of Sports Contacts with South Africa;

5. Calls upon those international sports organizations and federations which have not yet expelled South Africa or suspended its membership to do so without further delay;

6. Calls upon all Governments and sports organizations to maintain the sports boycott of South Africa until profound and irreversible changes take place in that country;

7. Urges Governments and the international sporting community to assist the non-racial sports movement in South Africa to redress the structural inequalities created and sustained by the apartheid State;

8. Requests the Secretary-General to provide the Commission against Apartheid in Sports with all needed assistance.

Document 140

General Assembly resolution: Policies of apartheid of the Government of South Africa - United Nations Trust Fund for South Africa.

A/RES/45/176 H, 19 December 1990

The General Assembly,

Recalling its resolutions on the United Nations Trust Fund for South Africa, in particular resolution 44/27 J of 22 November 1989,

Having considered the report of the Secretary-General on the United Nations Trust Fund for South Africa, to which is annexed the report of the Committee of Trustees of the Trust Fund,

Taking note of resolution 44/244 adopted by consensus by the General Assembly on 17 September 1990, and in particular of its paragraph 8 relating to the reintegration of released political prisoners into the South African society,

Welcoming the release of Nelson Mandela and some other political prisoners, the suspension of executions and the unbanning of a number of political organizations, including the African National Congress of South Africa and the Pan Africanist Congress of Azania, and the lifting of the nation-wide state of emergency and the repeal of certain emergency regulations,

Remaining seriously concerned by the continued existence of basic laws sustaining the apartheid system and other discriminatory and repressive laws, rules and regulations in South Africa,

Concerned by the large number of political trials in 1990 and the continued application of criminal proceedings to cases that are clearly of a political nature,

Reaffirming that continued humanitarian and legal assistance by the international community is necessary to alleviate the plight of those persecuted under repressive and discriminatory legislation in South Africa and to facilitate the reintegration of released political prisoners,

Strongly convinced that continued contributions to the Trust Fund and to the voluntary agencies concerned are necessary to enable them to meet the extensive needs for humanitarian, legal and relief assistance in this crucial period,

1. Endorses the report of the Secretary-General on the United Nations Trust Fund for South Africa;

2. Decides, in view of the independence of Namibia, to delete paragraph (e) of the terms of reference of the Trust Fund;

3. Expresses its appreciation to the Governments, organizations and individuals that have contributed to the Trust Fund and to the voluntary agencies engaged in rendering humanitarian and legal assistance to the victims of apartheid and racial discrimination in South Africa;

4. Appeals for generous contributions to the Trust Fund;

5. Also appeals for direct contributions to the voluntary agencies engaged in rendering assistance to the victims of apartheid and racial discrimination in South Africa;

6. Commends the Secretary-General and the Committee of Trustees of the Trust Fund for their persistent efforts to promote humanitarian and legal assistance to persons persecuted under repressive and discriminatory legislation in South Africa, as well as assistance to their families and to refugees from South Africa.

Document 141

Second progress report of the Secretary-General on Progress Made on the Implementation of the Declaration on Apartheid and its Destructive Consequences in Southern Africa.

A/45/1052, 4 September 1991

6. Over the last 12 months the process towards the end of apartheid in South Africa, although halting, remained on course. A most notable development was the repeal of major apartheid legal structures. Regrettably, the wave of violence that engulfed the country during the period became a severe test of confidence and a serious obstacle to the evolving political dialogue. As several measures necessary for a climate for negotiations as well as peace initiatives have been undertaken recently, South Africa appears to be moving ahead again towards the beginning of substantive negotiations.

7. The complex process of change in which South Africa is presently engaged inevitably gives rise to reaction and political antagonisms. Such reaction has been manifest in a variety of ways, from violent acts by those opposing the democratic transformation of the country or wishing to obtain political advantage prior to negotiations to less overt activities by elements connected with the system. In this respect, the impartiality of the security forces has been called into question and the potential for destabilization by extremist groups remains a cause for concern.

8. While the most basic laws of apartheid, as promised, were removed by last June, many of the concomitant attitudes and practices, as indeed the consequences of those laws, do persist. Delays in the implementation of the necessary measures envisaged by the Declaration to create a climate for negotiations, particularly with regard to political prisoners and exiles, the perceived ineffectual response to violence and disclosures of secret funding of organizations led to tensions and a crisis of confidence in the government structures.

9. Yet a number of initiatives taken in the recent period, specifically to deal with violence, hold the promise that the momentum that started more than a year ago could regain strength. It is hoped that in the next few months, following the outcome of the peace initiative sponsored by religious and business leaders, steps will be taken towards an agreement regarding the drafting of a new constitution and the establishment of transitional arrangements.

10. At the same time, this process may be relatively lengthy, and even vulnerable, and it may be affected by the magnitude of the socio-economic inequalities that persist in South Africa and the inadequacy of the measures taken so far to address them effectively. While the Government has introduced a number of positive measures, the problems facing the majority of South Africans are so vast that they require a comprehensive national programme of redress. The private sector would be required to play a more important role than it has until now. The serious socio-economic cleavages and the persistent negative attitudes towards change will have to be overcome so that the conditions of life of the disadvantaged sectors can be perceptibly improved. Access to the media and a sustained effort aimed at informing the public about the effects of apartheid on the majority population might contribute to building a consensus on the need to address these problems as early as possible.

11. On the positive side, the broad consensus that human rights must be protected in a democratic South Africa is encouraging. In this connection, the ratification of the International Covenants on Human Rights would be a significant step.

12. There appears also to be a growing convergence of the views of the parties concerned on a number of basic principles of a new constitution. However, the mechanism to draft a new constitution and the necessary arrangements for the transition to a democratic order are still to be agreed upon. It is encouraging that proposals on these matters are being elaborated and that a widening range of South African leaders are realizing that there is no other realistic option than to gather together and negotiate on a democratic, non-racial future for their country.

13. A meeting of all parties concerned to discuss and agree on these matters, as foreseen in the Declaration, now appears to be at the top of the political agenda. Such a meeting could go a long way towards resolving outstanding issues regarding the atmosphere for negotiations and free political activity, and, by itself, could serve as a confidence-building measure. Certainly, there are eminent persons in the country who inspire general trust, for instance, from the religious, academic, labour and business sectors, who can play an important role in the transitional period.

14. The response of the international community needs to be finely tuned to this complex and delicate process. As the Declaration envisages, encouragement, pressure and assistance would need to be suitably applied as the process unfolds, bearing in mind that the ultimate objective is the establishment of a non-racial democracy in South Africa.

15. The United Nations system, in addition to its contribution in connection with the return of exiles, is preparing a concerted response to requests for assistance, particularly from disadvantaged sectors of the society. Furthermore, the Secretary-General stands ready, when requested by the South Africans themselves and the international community, to help in the promotion of the process and in the provision of assistance during the transitional period and beyond.

Document 142

General Assembly resolution: Policies of apartheid of the Government of South Africa - International efforts toward the total eradication of apartheid and support for the establishment of a united, non-racial and democratic South Africa.

A/RES/46/79 A, 13 December 1991

The General Assembly,

Recalling the Declaration on Apartheid and its Destructive Consequences in Southern Africa, contained in the annex to its resolution S-16/1 of 14 December 1989, its resolution 45/176 A of 19 December 1990 and its decision 45/457 B of 13 September 1991,

Taking note of the report of the Special Committee against Apartheid and the second progress report of the Secretary-General on the implementation of the Declaration, as well as the reports of the Secretary-General on the coordinated approach by the United Nations system on questions relating to South Africa and on the concerted and effective measures aimed at eradicating apartheid,

Convinced that broad-based negotiations leading to a new constitutional order providing for universal, equal suffrage under a non-racial voters' roll will lead to the total eradication of apartheid through peaceful means and the establishment of a non-racial democracy in South Africa,

Welcoming the signing on 14 September 1991 of the National Peace Accord and expressing the hope that this will finally end the tragic bloodshed in South Africa,

Welcoming the efforts of all parties, including ongoing talks among them, such as the recently held Patriotic United Front conference, aimed at facilitating the commencement of substantive broad-based negotiations towards a new constitution and arrangements on the transition to a democratic order,

Welcoming the accession of South Africa on 10 July 1991 to the Treaty on the Non-Proliferation of Nuclear Weapons and subsequent conclusion and ratification of a related safeguards agreement,

Noting with satisfaction that fundamental principles for a new constitutional order, as set out in the Declaration, are receiving broad acceptance in South Africa,

Welcoming the convening of the preparatory meeting for the Convention for a Democratic South Africa,

Noting that while positive measures have been undertaken by the South African authorities, including the repeal and revision of the major apartheid and security laws, further efforts are needed to enhance the climate for free political activity and to address the inequities resulting from the legacy of these laws,

Gravely concerned that the persistence of violence, resulting largely from apartheid, including actions by those opposed to the democratic transformation of the country, poses a threat to the negotiating process and to the vital interests of all people of South Africa,

Concerned about any remaining obstacles to free political activity, as identified in the Declaration, including the delay in the full implementation of agreements regarding the release of any remaining political prisoners and the return of refugees and exiles, the use of repressive legislation still in place as well as other attempts aimed at undermining the democratic forces,

Noting with serious concern the remaining effects of the acts of aggression and destabilization that were committed by South Africa against neighbouring independent African States,

Convinced that international pressure, both that exerted by Governments and by individual citizens and organizations, has had and continues to have a significant impact on developments in South Africa,

Recognizing the responsibility of the United Nations and the international community, as envisaged in the Declaration, to continue to take all necessary measures aimed at the eradication of apartheid through peaceful means, in particular by adhering to the programme of action contained in the Declaration,

1. Reaffirms its support for the legitimate struggle of the South African people for the total eradication of apartheid through peaceful means and the establishment of a united, non-racial and democratic South Africa in which all its people, irrespective of race, colour, sex or creed, will enjoy the same fundamental freedoms and human rights;

2. Reaffirms the Declaration on Apartheid and its Destructive Consequences in Southern Africa and the need for the full and immediate implementation of the provisions not yet fulfilled;

3. Calls for an immediate end to violence and the removal of any remaining obstacles to free political activity;

4. Urges the South African authorities to take immediate further action to end the recurring violence and acts of terrorism, including actions by those opposed to the democratic transformation of the country, by ensuring that all competent authorities act effectively and impartially;

5. Calls upon all signatories of the National Peace Accord to manifest their commitment to peace by fully implementing its provisions, and calls upon all other parties to contribute to the attainment of its objectives;

6. Calls upon the South African authorities to enhance the climate conducive to negotiations by ensuring the immediate release of any remaining political prisoners, the unhindered return of refugees and exiles and the repeal of repressive and discriminatory legislation still in place, and to address the glaring inequalities created by apartheid;

7. Calls upon the representatives of the people of South Africa to commence in good faith, urgently, broad-based substantive negotiations towards an agreement on the basic principles of a new constitution, taking into account the fundamental principles in the Declaration and its suggested guidelines on the modalities for the elaboration of a new constitution, on transitional arrangements inspiring general confidence in the administration of the country until the new constitution takes effect, and on the role to be played by the international community in ensuring the successful transition to a democratic order;

8. Appeals to the international community to give its full and concerted support to the vulnerable and critical process now under way in South Africa through a phased application of appropriate pressure on the South African authorities, as warranted by developments, and to provide assistance to the opponents of apartheid and the disadvantaged sectors of society in order to ensure the rapid and peaceful attainment of the objectives of the Declaration;

9. Calls upon the international community, in view of progress made in overcoming obstacles to negotiations, to resume academic, scientific and cultural links with democratic anti-apartheid organizations and the individuals in these fields, to resume sports links with unified non-racial sporting organizations of South Africa which have received endorsement by appropriate non-racial sporting organizations within South Africa and to assist disadvantaged athletes in that country;

10. Also calls upon the international community, within the context of the need to respond appropriately to ongoing developments in South Africa, to review existing restrictive measures as warranted by positive developments, such as agreement by the parties on transitional arrangements, and agreement on a new, non-racial democratic constitution;

11. Calls upon all Governments to observe fully the mandatory arms embargo, requests the Security Council to continue to monitor effectively its strict implementation and urges States to adhere to the provisions of other Security Council resolutions on the import of arms from South Africa and the export of equipment and technology destined for military or police purposes in that country;

12. Appeals to the international community to increase humanitarian and legal assistance to the victims of apartheid, returning refugees and exiles and released political prisoners;

13. Also appeals to the international community to increase its material, financial and other contributions to the victims and opponents of apartheid to help them address the glaring socio-economic inequalities, particularly in the areas of education, health, housing and social welfare;

14. Further appeals to the international community to render all possible assistance to the front-line and neighbouring States to enable their economies to recover from the effects of years of destabilization and to support the current efforts to achieve a durable peace in Angola and Mozambique, which would contribute to the stability and prosperity of the region;

15. Welcomes the agreement reached on 4 September 1991 by the United Nations High Commissioner for Refugees with the South African authorities concerning the voluntary repatriation of South African refugees and exiles, and appeals to the international community to provide and urges the Secretary-General to facilitate, through the relevant United Nations agencies and offices in cooperation with the High Commissioner, all necessary humanitarian assistance to ensure the successful implementation of the repatriation programme;

16. Urges the Secretary-General to facilitate, through the relevant United Nations agencies and offices and in a concerted manner, humanitarian and educational assistance inside South Africa for the reintegration of political exiles and released political prisoners and to the disadvantaged sectors of South African society;

17. Also urges the Secretary-General, at the appropriate time, in the light of positive developments such as agreement on transitional arrangements, to expand, in a concerted manner, through the relevant United Nations offices and in collaboration with the specialized agencies, the scope of assistance provided inside South Africa aimed at addressing socio-economic issues, particularly in the areas of education, health, housing and social welfare, which may entail the physical presence of the United Nations system in that country;

18. Requests the Secretary-General to continue to ensure the coordination of activities of the United Nations system in the implementation of the Declaration and of the present resolution and to report thereon to the General Assembly at its forty-seventh session, and to continue monitoring the implementation of the Declaration as well as pursuing appropriate initiatives to facilitate all efforts leading to the peaceful eradication of apartheid.

Document 143

General Assembly resolution: Policies of apartheid of the Government of South Africa - Programme of work of the Special Committee Against Apartheid.

A/RES/46/79 B, 13 December 1991

The General Assembly,

Having considered the report of the Special Committee against Apartheid,

1. Commends the Special Committee against Apartheid for the diligent manner in which it has discharged its responsibilities in monitoring the situation in South Africa and in promoting concerted international support for the process towards the early establishment of a democratic, non-racial society;

2. Takes note of the report of the Special Committee and endorses its recommendations relating to its programme of work;

3. Authorizes the Special Committee, in accordance with its mandate as the focal point for the international campaign against apartheid and for the promotion of the implementation of the Declaration on Apartheid and its Destructive Consequences in Southern Africa and acting with the support services of the Centre against Apartheid:

(a) To continue monitoring closely developments in South Africa and the actions of the international community, particularly regarding appropriate pressure on South Africa and timely assistance to the victims and opponents of apartheid;

(b) To continue mobilizing international action in support of the early establishment of a democratic, non-racial South Africa, inter alia, through collection, analysis and dissemination of information, through liaison and consultations with Governments, intergovernmental and non-governmental organizations and relevant individuals and groups, both inside and outside South Africa, able to influence public opinion and decision-making, and through missions, hearings, conferences, publicity and other pertinent activities, and to continue undertaking activities aimed at supporting the political process towards the establishment of a non-racial, democratic South Africa;

4. Appeals to all Governments, intergovernmental and non-governmental organizations to increase their cooperation with the Special Committee and the Centre in the discharge of their mandates;

5. Requests all components of the United Nations system to cooperate further with the Special Committee and the Centre in their activities in order to ensure consistency, improve coordination and efficient use of available resources and avoid duplication of efforts in the implementation of the relevant resolutions of the General Assembly and the Security Council;

6. Appeals to all Governments, intergovernmental and non-governmental organizations, information media and individuals to cooperate with the Centre and the Department of Public Information of the Secretariat in their activities relating to South Africa and, in particular, in disseminating information on the evolving situation in South Africa and on the considerable assistance needs of the opponents of apartheid and the disadvantaged sectors of South African society in rectifying the glaring socio-economic inequalities in their country, and further appeals to them to make generous contributions to the Trust Fund for Publicity against Apartheid;

7. Decides to continue the authorization of adequate financial provision in the regular budget of the United Nations to enable the African National Congress of South Africa and the Pan Africanist Congress of Azania to maintain offices in New York in order to participate effectively in the deliberations of the Special Committee and other appropriate bodies;

8. Also decides that the special allocation of 480,000 United States dollars to the Special Committee for 1992 from the regular budget of the United Nations should be used towards the cost of special projects aimed at promoting the process towards the elimination of apartheid and the democratization of South Africa, with particular emphasis on the issues of constitution building, human rights, domestic peace, education and training and ways to help address the serious socio-economic inequalities in the country.

Document 144

General Assembly resolution: Policies of apartheid of the Government of South Africa - Military and other collaboration with South Africa.

A/RES/46/79 C, 13 December 1991

The General Assembly,

Recalling the Declaration on Apartheid and its Destructive Consequences in Southern Africa, its resolutions 45/176 B and C of 19 December 1990, as well as the resolutions of the Security Council on the arms embargo and military collaboration with South Africa,

Taking note of the report of the Special Committee against Apartheid and the report of the Security Council Committee established by Council resolution 421 (1977) of 9 December 1977 concerning the question of South Africa on its activities during the period 1980-1989,

Noting with appreciation the resolve and effectiveness of the Security Council in its handling of questions relating to the preservation of international peace and security,

Noting that the monitoring and enforcement mechanism of the mandatory sanctions imposed by the Security Council on South Africa in its resolution 418 (1977) of 4 November 1977 would benefit from further strengthening,

Reiterating that the full implementation of the mandatory arms embargo against South Africa is an essential element of international action towards the eradication of apartheid,

Convinced that sanctions and other restrictive measures have had a significant impact on recent developments in South Africa and that the phased application of appropriate pressure remains an effective and necessary instrument in the process towards the peaceful end to apartheid,

Taking note of the accession of South Africa on 10 July 1991 to the Treaty on the Non-Proliferation of Nuclear Weapons and subsequent conclusion and ratification of a related safeguards agreement,

Expressing serious concern about the continued violations of the mandatory arms embargo, particularly by those countries which surreptitiously trade in arms with South Africa,

Expressing concern that South Africa's external military relations, especially in the area of military technology and, in particular, in the production and testing of missiles, continue unabated, as mentioned in paragraphs 100 to 102 of the report of the Special Committee,

Gravely concerned about the practice carried out by certain oil-producing States whereby oil is exchanged for South African arms,

1. Deplores the actions of those States which, directly or indirectly, continue to violate the mandatory arms embargo and collaborate with South Africa in the military, nuclear, intelligence and technology fields, and calls upon those States to terminate forthwith any illegal acts and honour their obligations under Security Council resolution 418 (1977);

2. Urges all States to adopt strict legislation relating to the implementation of the arms embargo and prohibit the supply to South Africa of nuclear and military products, as well as computer and communications equipment, technological skills and services, including military intelligence, destined for use by the military, police and security agencies of that country, until free and fair elections have been held and a democratic government has been established;

3. Calls for the early and full disclosure by South Africa of its nuclear installations and materials in conformity with its treaty obligations as an essential element to the peace and security of the southern African region;

4. Urges the Security Council to consider immediate steps to ensure the full implementation and the effective monitoring of the arms embargo imposed by the Council in its resolutions 418 (1977) and 558 (1984) of 13 December 1984, to implement the recommendations of the Committee established under Council resolution 421 (1977) concerning appropriate measures in response to violations of the mandatory arms embargo and to provide information on a regular basis to the Secretary-General for general distribution to Member States;

5. Calls upon all States to maintain existing financial measures, and, in particular, urges Governments and private financial institutions, as well as the International Monetary Fund and the World Bank, not to extend new loans and credits to South Africa, whether to the public or private sector, until agreement has been reached on a non-racial democratic constitution or until specific recommendations are made on this matter by the transitional authorities to be established by the Convention for a Democratic South Africa;

6. Requests the Special Committee against Apartheid to keep the issue of military and nuclear collaboration with South Africa under constant review and to report thereon to the General Assembly and the Security Council as appropriate.

Document 145

General Assembly resolution: Policies of apartheid of the Government of South Africa - Oil embargo against South Africa.

A/RES/46/79 E, 13 December 1991

The General Assembly,

Having considered the report of the Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa,

Recalling its resolutions on the oil embargo against South Africa, in particular resolution 45/176 F of 19 December 1990,

Recognizing the importance of the oil embargo as a major contribution to the pressure exerted on South Africa towards the eradication of apartheid through negotiations, as well as the importance of maintaining pressure until there is clear evidence of profound and irreversible changes, bearing in mind the objectives of the Declaration on Apartheid and its Destructive Consequences in Southern Africa, such as the adoption of a non-racial and democratic constitution for a free South Africa,

Noting that the most effective way to enforce the oil embargo against South Africa remains the adoption by the Security Council of a mandatory embargo under Chapter VII of the Charter of the United Nations,

Concerned that the oil embargo against South Africa is still being violated and that South Africa, because of loopholes in the embargo, such as lack of effective legislation, has been able to acquire oil and petroleum products,

Convinced that an effective oil embargo against South Africa would contribute to the efforts of the international community to bring about a negotiated settlement and the establishment of a united, non-racial and democratic South Africa,

1. Takes note of the report of the Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa and endorses its recommendations;

2. Requests all States to adopt, if they have not already done so, and otherwise to maintain and enforce effective measures prohibiting the supply and shipping of oil and petroleum products to South Africa, whether directly or indirectly, and in particular:

(a) To apply strictly the "end users" clause and other conditions concerning restriction on destination to ensure compliance with the embargo;

(b) To compel the companies originally selling or purchasing oil or petroleum products, as appropriate to each nation, to desist from selling, reselling or otherwise transferring oil and petroleum products to South Africa, whether directly or indirectly;

(c) To establish strict control over the supply of oil and petroleum products to South Africa by intermediaries, oil companies and traders by placing responsibilities for the fulfillment of the contract on the first buyer or seller of oil and petroleum products who would, therefore, be liable for the actions of these parties;

(d) To prevent South African companies from acquiring holdings in oil companies outside South Africa;

(e) To prohibit all assistance to South Africa in the oil sector, including finance, technology, equipment or personnel;

(f) To prohibit the transport of oil and petroleum products to South Africa by ships flying their flags, or by ships that are ultimately owned, managed or chartered by their nationals or by companies within their jurisdiction;

(g) To develop a system for registration of ships, registered in their territory or owned by their nationals, that have violated the oil embargo, and to discourage such ships from calling at South African ports;

(h) To impose penal action against companies and individuals that have been involved in violating the oil embargo, and to publicize cases of successful prosecutions in conformity with their national laws;

(i) To gather, exchange and disseminate information regarding violations of the oil embargo, including ways and means to prevent such violations, and to take concerted measures against violators;

(j) To discourage ships within their jurisdiction from engaging in activities that give rise to violation of the oil embargo against South Africa, taking into account legislative and other measures already adopted;

3. Commends to Member States for their consideration the draft model law annexed to the report of the Intergovernmental Group and recommends that they strive for an effective oil embargo by adopting the general principles of the model law within the framework of their own legal practices;

4. Authorizes the Intergovernmental Group to take action to promote public awareness of the oil embargo against South Africa, including, when necessary, sending missions and participating in relevant conferences and meetings;

5. Requests the Intergovernmental Group to submit to the General Assembly at its forty-seventh session a report on the implementation of the present resolution;

6. Requests all States to extend their cooperation to the Intergovernmental Group with all necessary assistance for the implementation of the present resolution.

Document 146

General Assembly resolution: Policies of apartheid of the Government of South Africa - United Nations Trust Fund for South Africa.

A/RES/46/79 F, 13 December 1991

The General Assembly,

Recalling its resolutions on the United Nations Trust Fund for South Africa, in particular resolution 45/176 H of 19 December 1990,

Having considered the report of the Secretary-General on the United Nations Trust Fund for South Africa, to which is annexed the report of the Committee of Trustees of the Trust Fund,

Taking note of its resolution 45/176 A adopted without a vote on 19 December 1990, and in particular of paragraph 16, relating to the reintegration of released political prisoners into South African society,

Welcoming the repeal and revision of the major apartheid and security laws and a number of discriminatory and repressive laws, rules and regulations,

Welcoming also the release of a large number of political prisoners and the agreement reached between the South African authorities and the United Nations High Commissioner for Refugees allowing for the voluntary repatriation of political exiles and refugees,

Further welcoming the National Peace Accord signed on 14 September 1991 as a significant initiative towards addressing the critical issue of violence in the country and providing a framework within which substantive and broad-based discussions can take place,

Remaining concerned about the continued existence of a number of discriminatory and repressive laws, rules and regulations in South Africa,

Concerned about the delay in the full implementation of agreements regarding the release of any remaining political prisoners and the return of refugees and exiles and about reports that trials of politically motivated cases were carried out in 1991,

Recognizing the work carried out by the International Defence and Aid Fund for Southern Africa over the years in providing legal and humanitarian assistance to the victims of apartheid and their families and noting with satisfaction the transfer of programmes of the Fund to broad-based, impartial organizations inside South Africa,

Strongly convinced that continued, direct and substantial contributions to the Trust Fund and to the voluntary agencies concerned are necessary to enable them to meet the extensive needs for humanitarian, legal and relief assistance during the critical transition to a non-racial and democratic South Africa,

1. Endorses the report of the Secretary-General on the United Nations Trust Fund for South Africa;

2. Supports continued and substantial humanitarian, legal and educational assistance by the international community in order to alleviate the plight of those persecuted under discriminatory legislation in South Africa and their families, and to facilitate the reintegration of released political prisoners and returning exiles into South African society;

3. Supports assistance by the Trust Fund for work in the legal field aimed at ensuring effective implementation of legislation repealing major apartheid laws, redressing continuing adverse effects of these laws and encouraging increased confidence in the rule of law;

4. Expresses its appreciation to the Governments, organizations and individuals that have contributed to the Trust Fund and to the voluntary agencies engaged in rendering humanitarian and legal assistance to the victims of apartheid in South Africa;

5. Appeals for generous contributions to the Trust Fund;

6. Also appeals for direct contributions to the voluntary agencies engaged in rendering assistance to the victims of apartheid and racial discrimination in South Africa;

7. Commends the Secretary-General and the Committee of Trustees of the Trust Fund for their persistent efforts to promote humanitarian and legal assistance to persons persecuted under repressive and discriminatory legislation in South Africa, as well as assistance to their families and to refugees from South Africa.

Document 147

Statement by Secretary-General Boutros Boutros-Ghali, delivered at the first meeting in 1992 of the Special Committee against Apartheid.

UN Press Release SG/SM/4700 - GA/AP 2064, 18 February 1992

Throughout the years, I have followed with deep interest the situation in South Africa. The commitment of the United Nations, ably advocated by the Special Committee, to seek an end to apartheid and witness the birth of a democratic country, have undoubtedly contributed to the auspicious developments we are witnessing today.

The Special Committee against Apartheid has, over the years, played an important role in stirring the conscience of the international community. The consensus which the Special Committee helped forge recently in the General Assembly gave further impetus and weight to this role.

Mr. Chairman, it is a pleasure to join you at your first meeting of this year. I should like to congratulate you, Ambassador Gambari, as well as your colleagues on the bureau on your re-election to a new term of office.

The system of apartheid in South Africa, which has rightly been on the agenda of the United Nations for many years, is crumbling under the combined pressure of internal and external forces. It is possible now to envisage a new society in South Africa - a society which respects human rights, a society which does not discriminate on grounds of colour, sex, political affiliation or creed; an undivided society in which economic wealth and opportunity are shared by all.

It is these principles underpinning the United Nations Declaration on Apartheid - approved by consensus in 1989 - which constitute the international community's blueprint for a future South Africa. It should be a source of satisfaction for all of us that negotiations towards a new constitution in South Africa are finally under way, in line with the proposals and guidelines of the Declaration.

Courageous political steps have been taken in South Africa in the past two years. The repeal of major apartheid laws and the beginning of the repatriation of exiles facilitated the start of the current negotiations. The launching of the Convention for a Democratic South Africa marked a new stage in the political life of the country, as concerned parties began the gradual process towards national reconciliation and agreement on a democratic constitution.

The presence of the United Nations at the Convention last December made it clear that we fully support this process. The inclusion of all parties concerned in the negotiations will, of course, enhance the prospects of achieving early and durable solutions. We hope, therefore, that others who have not yet done so will soon join these negotiations. It will be important to address as early as possible critical outstanding differences regarding transitional arrangements that will inspire general confidence in the administration of the country, and the necessary mechanism for drafting a new constitution. Delays in reaching agreement on these matters would only increase the threat emanating from those opposed to the democratic transformation of the country.

Persisting political violence and major socio-economic problems continue to endanger the process and require an effective response. Such a response would build confidence in the current negotiations and would be crucial to the success of national reconstruction. In this context, a number of specific suggestions were made by my distinguished predecessor in his last report to the General Assembly.

All who are and have been involved in this historic process are arriving, we must hope, at the end of a long night, and should be braced for arduous days ahead. If the people of South Africa are to make a peaceful transition to a true democracy in their country, they must all proceed together, with wisdom, imagination and generosity of spirit. The international community must continue to be vigilant and respond appropriately to developments as they occur. The Special Committee and I, in our respective - and allow me to say - mutually supportive roles, have the important and challenging duty of providing advice and assistance during this difficult transition and beyond. The General Assembly has defined the scope of our responsibilities and I am certain that the United Nations will continue to effectively support this critical process.

In closing, I wish to take this opportunity to pay tribute to Sotirios Mousouris who has made such a distinguished contribution as head of the Centre against Apartheid and who will now be assuming new functions. I am confident that James Jonah, Under-Secretary-General for Political Affairs, who will be taking over this important function, will provide exemplary support for the work of the Committee.

I thank you.

Document 148

Statement by the Spokesman for Secretary-General Boutros-Ghali concerning results of referendum in South Africa.

UN Press Release SG/SM/4717 - SAF/131, 18 March 1992

The Secretary-General welcomes the positive results of the referendum on democratic reform in South Africa.

These results constitute a major step forward towards the eradication of apartheid and the creation of a new, non-racial society in South Africa, based on the respect of human rights.

These prospects will constitute a new factor for peace and development throughout Africa.

Document 149

Statement by Secretary-General Boutros-Ghali at meeting on the occasion of the observance of the International Day for the Elimination of Racial Discrimination.

UN Press Release SG/SM/4720/Rev.1 - GA/AP/2070/Rev.1 -

RD/662/Rev.1, 20 March 1992

This observance of the International Day for the Elimination of Racial Discrimination is taking place at a time filled with hope. The process of negotiated change currently under way in South Africa should lead, in the near future, to the emergence of a new society - a society in which all South Africans, irrespective of their race, can live together in harmony as equal citizens of a non-racial democracy.

The results of the recent referendum in South Africa have clearly demonstrated that the overwhelming majority of white South Africans support the negotiation process for a non-racial democracy. The result underlines the commitment of the South African people as a whole to reform and change through peaceful means. It provides a fresh and compelling impetus to the negotiations now taking place within the framework of the Convention for a Democratic South Africa (CODESA).

The United Nations, which participated as an observer in the first meeting of CODESA in December, is fully committed to the negotiating process. It is hoped that all concerned parties which have not yet joined the negotiations will do so soon. A preliminary agreement was reached earlier this month regarding arrangements to oversee the initial phase of the transition process. Further progress in the negotiations should lead to transitional arrangements that will inspire general confidence in the administration of the country and facilitate the establishment of the necessary mechanism for drafting a new constitution.

It is important that the negotiations remain on course, so that a common vision for the management of South Africa's transition towards a non-racial democracy can emerge. Persistent violence and socio-economic inequalities, however, continue to complicate the transition process. Improvements in such crucial areas as housing, education, employment and health will help to ensure a peaceful transition to a post-apartheid South Africa.

We now have a new opportunity for accelerating in the process towards a negotiated settlement.

A challenging period lies ahead for South Africa and the region as a whole. Member States, which have committed themselves, individually and collectively, within the framework of the United Nations Declaration on Apartheid, to monitoring and promoting a non-racial and constitutional democracy in South Africa, must remain vigilant. They should be ready to provide the support needed to facilitate the total eradication of apartheid and the establishment of a society in South Africa in which the aspirations of all its citizens for justice and equality are at long last fulfilled.

As we observe the International Day for the Elimination of Racial Discrimination, we must reaffirm our faith in fundamental human rights, in equality and the worth of the human person, in the equal rights of men and women.

There can be no development without respect for human rights, and there can be no respect for human rights without development.

Harmonious relations between nations and all efforts to consolidate world peace ultimately depend on our attitude towards human rights.

Document 150

Letter dated 10 July 1992 from Mr. L. M. Mangope, "President" of Bophuthatswana, to the President of the Security Council.

Not issued as a United Nations document.

I am informed that the Security Council is to have a formal meeting on Wednesday 15 July 1992 on the situation in the Republic of South Africa, more particularly on the question of violence.

My Government is a participant in the Conference for a Democratic South Africa (CODESA). As you are aware, Sir, it is the body involved in negotiating a peaceful transition to a new South Africa.

It is in that capacity that I request to be allowed to address the Security Council. I believe that information at my disposal can be of value to the Council and can make a contribution towards an informed debate.

As I need to make extensive travelling and accommodation arrangements, I would be most grateful if you could inform me as soon as possible of your and the Council's reactions and response to my request.

...

Your Excellency, please accept the assurance of my highest consideration and regard.

Document 151

Security Council resolution concerning the situation in South Africa.

S/RES/765 (1992), 16 July 1992

The Security Council,

...

Gravely concerned by the escalating violence in South Africa, which is causing a heavy loss of human life and by its consequences for the peaceful negotiations aimed at creating a democratic, non-racial and united South Africa,

Concerned that the continuation of this situation would seriously jeopardize peace and security in the region,

Recalling the Declaration on Apartheid and its Destructive Consequences in Southern Africa adopted by consensus by the General Assembly at its sixteenth special session, on 14 December 1989, which called for negotiations in South Africa to take place in a climate free of violence,

Emphasizing the responsibility of the South African authorities to take all necessary measures to stop the violence immediately and protect the life and property of all South Africans,

Emphasizing also the need for all parties to cooperate in combating violence and to exercise restraint,

Concerned at the break in the negotiating process and determined to help the people of South Africa in their legitimate struggle for a non-racial, democratic society,

1. Condemns the escalating violence in South Africa and in particular the massacre at Boipatong township on 17 June 1992, as well as subsequent incidents of violence including the shooting of unarmed protesters;

2. Strongly urges the South African authorities to take immediate measures to bring an effective end to the ongoing violence and to bring those responsible to justice;

3. Calls upon all the parties to cooperate in combating violence and to ensure the effective implementation of the National Peace Accord;

4. Invites the Secretary-General to appoint, as a matter of urgency, a Special Representative for South Africa in order to recommend, after, inter alia, discussion with the parties, measures which would assist in bringing an effective end to the violence and in creating conditions for negotiations leading towards a peaceful transition to a democratic, non-racial and united South Africa, and to submit a report to the Security Council as early as possible;

5. Urges all parties to cooperate with the Special Representative of the Secretary-General in carrying out his mandate, and to remove the obstacles to the resumption of negotiations;

6. Underlines, in this regard, the importance of all parties cooperating in the resumption of the negotiating process as speedily as possible;

7. Urges the international community to maintain the existing measures imposed by the Council for the purpose of bringing an early end to apartheid in South Africa;

8. Decides to remain seized of the matter until a democratic, non-racial and united South Africa is established.

Document 152

Letter dated 27 July 1992 from the Secretary-General to

Mr. Nelson Mandela, President of the African National Congress.

Not issued as a United Nations document.

Dear Mr. Mandela,

Mr. Special Representative, Mr. Cyrus Vance, has been keeping me informed of the range and depth of his discussions in South Africa pursuant to the adoption of Security Council resolution 765 (1992).

I look forward to receiving his detailed views and recommendations on his return to New York and I wish, in the meantime, to thank you for the cooperation extended to him.

There is, however, one matter on which I want to address you immediately. I am deeply disturbed, on the basis of reports I have received from Mr. Vance, that there is a very real change of the mass demonstrations planned for 3 August 1992 taking a turn towards violence. This I realise would be contrary to the wishes of all of the parties in South Africa. With a situation as delicately poised as that which now exists in your country, I fear violence can readily be sparked by provocateurs and that this must, by all means, be avoided. Indeed, it would be tragic and ironical in the extreme if the Vance mission were to be followed by an eruption of violence - a development that would be wholly inconsistent with the purposes of the Security Council's resolution.

May I, in light of these circumstances, urge you to do all in your power, in association with the leaders of the principal political parties, to stave off such an eventuality. The peaceful transition to a democratic, non-racial and united South Africa requires no less at this critical moment.

Yours sincerely,

(signed)

Boutros Boutros-Ghali

Document 153

Report of the Secretary-General to the Security Council in pursuance of Security Council resolution 765 (1992).

S/24389, 7 August 1992

...

63. From my discussions with Mr. Vance and Mr. Dayal since their return from South Africa, I have been struck by the range and depth of the talks that the United Nations delegation held while in that country. I have also been profoundly impressed by the open and responsive manner in which they were received by all sectors of society. I view this as further evidence of a transformation taking place in that country as its leaders and peoples strive to create a democratic, non-racial and united South Africa.

64. The path to the attainment of this objective will not be easy. Violence in whatever form must be brought under control and conditions established to ensure the success of the negotiating process. Decades of apartheid have left a painful legacy of distrust and anguish, and these persist despite the resilience and courage of those who wish to see their country on an irreversible new course.

65. The unanimous adoption of resolution 765 (1992) by the Security Council strengthened the hands of those so motivated. It also heightened expectations that the continuous involvement of the Security Council in this new phase of South Africa's evolution will be marked by understanding and a readiness to contribute constructively to the process of peaceful change.

66. It is with this in mind, and in this spirit, that I recommend the measures that follow to bring an effective end to the violence and to create the conditions for the resumption of negotiations envisaged in resolution 765/(1992).

67. It is neither necessary nor possible here to recount the far-reaching work being undertaken by Justice Richard Goldstone, Chairman of the Commission of Enquiry into Public Violence and Intimidation. Suffice it to say that it commands widespread respect in South Africa and abroad. I believe that the efforts of the Goldstone Commission should be supported by the international community and the recommendations of the Commission should be fully and speedily implemented by the Government and, when so required, by the parties in South Africa.

68. Without wishing to select arbitrarily from among the many recommendations of the Goldstone Commission, I believe that those relating to a total ban on the public display of dangerous weapons and the security of hostels need to be acted upon with utmost urgency, as recent events have sadly proven necessary. Further, I believe that the Commission's code of conduct for mass demonstrations can do much to control violence. It is also necessary, in my view, that the leaders of the major political parties should, as the Goldstone Commission recommends, take firm steps to stop their supporters from participating in acts of violence.

69. The long-standing capacity for violence by the various political groups in South Africa is so central to the lack of trust in the political life of the country that I feel it must be remedied. Accordingly, I recommend that the Goldstone Commission undertake a series of investigations into the functioning and operations of certain agencies, inter alia, the army and police, the Umkontho we Sizwe (MK), the Azanian People's Liberation Army (APLA), the KwaZulu police and, more generally, certain private "security firms". My Special Representative has discussed this proposal with Justice Goldstone and certain of the parties who are of the view that such investigations could indeed serve to curb violence and be of benefit to the country as a whole. While such investigations would widen the scope of the work of the Goldstone Commission, they could be undertaken within its present terms of reference. Should the Commission need further financing for its expanded work, I would urge the Government to be forthcoming.

70. The Commission has welcomed suitable international assistance. Certainly the Waddington report and the assessorship of Justice Bhagwati have been very positive developments. It may well be useful in the future to have senior personnel seconded to the Commission, in addition to a pool of jurists to sit on the committees of inquiry. The choice of properly qualified, suitable and compatible persons will need to be adequately and sufficiently addressed. Should Justice Goldstone feel the need, at any stage, for assistance from the international community and the United Nations in this regard, I recommend that the Organization respond positively and appropriately.

71. The reports of the Goldstone Commission when written are, at present, submitted first to the State President and only after being reviewed by the Government are they made public more widely. I believe political and public opinion in South Africa would welcome the reports being made available to all signatories of the National Peace Accord within 24 hours of submission to the State President. I recommend this course of action, which would enhance the impact and credibility of the reports.

72. Finally, as far as the Goldstone Commission is concerned, I believe it is essential that any further investigations and prosecutions that are required pursuant to its reports should be undertaken promptly by the competent departments of the Government. Such action would enhance the credibility of the law enforcement machinery of the country.

73. The National Peace Accord of 14 September 1991 establishes a comprehensive framework, agreed upon by all the major parties, organizations and groups of South Africa, to end violence and to facilitate socio-economic development and reconstruction. The mechanisms foreseen under the Accord, however, lack teeth and need to be greatly strengthened. This was the unanimous view of all those who discussed this matter with the United Nations delegation, including those who are associated with the existing structures of the National Peace Secretariat.

74. Both the National Peace Committee and the National Peace Secretariat need to be more consistently and substantially supported from the highest political levels, as do the 11 regional dispute resolution committees covering all parts of the country. Most importantly, they require financing and full-time staff of the requisite calibre. Further, there is desperate need for efficient, functioning offices or operations centres at the major "flashpoints"; these should be staffed on a 24-hour basis and fully funded and equipped. For each of such offices there should be a standing group composed of representatives of the Government, ANC, Inkatha and other concerned parties. Such offices should be capable at all times of acting immediately to defuse incipient problems; they should have prompt and direct access to law enforcement agencies. I recommend the earliest establishment of such offices.

75. I have reflected deeply on the many serious requests made to the United Nations to dispatch monitors to South Africa for the various purposes referred to above. I understand the concerns expressed and the anxieties they reflect. I am most appreciative of the many bold and constructive ideas conveyed to my Special Representative in the course of his discussions and I have weighed these most carefully.

76. Given the mechanisms already established by the National Peace Accord, to which all parties have agreed, I have concluded that, at this stage, the wisest course of action would be to strengthen and reinforce those mechanisms. Such action would, in my view, contribute tangibly to enhancing the capacity of indigenous structures that can play a major role in the building of peace, both in the present and in the future. I recommend, accordingly, that the United Nations make available some 30 observers to serve in South Africa, in close association with the National Peace Secretariat, in order to further the purposes of the Accord. The observers would be stationed in agreed upon locations, in various parts of South Africa. As necessary, their number could be supplemented by other appropriate international organizations, such as the Commonwealth, the EC and the Organization of African Unity (OAU). I am of the view that the practical arrangements stemming from this recommendation should be the subject of early and detailed discussions between the United Nations, the Government and the parties concerned. I believe, in this connection, that the experience gained by the dispatch of 10 United Nations observers to cover the present mass demonstrations could serve a valuable purpose in defining the tasks and methods of functioning of the larger group that I am recommending.

77. I would also urge that the Government act expeditiously to ensure the early appointment of the Justices of Peace and the establishment of the special criminal courts envisaged in the National Peace Accord.

78. The reasons for the violence in South Africa are, of course, complex and deep. But the special desperation that apartheid brought to the country can, in the long run, only be remedied by rapid progress towards the creation of the democratic, non-racial and united South Africa that is the goal of the negotiations and the objective not only of the CODESA process but of the international community as a whole.

79. The task of conducting these negotiations is uniquely the responsibility of South Africans themselves, and I was heartened by statements made to my Special Representative of the determination of the major parties to return, as early as possible, to the negotiating table. I urge such a course of action, for the time otherwise lost is precious and even more so are the lives. I am strongly of the view that actions such as the immediate release of all remaining political prisoners could contribute greatly to improving the political climate, creating trust and burying the unhappy past. In this connection, it is also important that reporting on State-owned radio and television be, and be seen to be, fair and objective.

80. For all of its shortcomings, the CODESA process must be pursued and improved. I believe it needs to encourage others, who have not yet joined, to do so, in the interests of the country and of peace. I am convinced that its processes must be better coordinated and made much more transparent. Considerable progress has been accomplished in the working groups, but too few know of this, or of the precise issues that need to be resolved. There is a manifest need to establish a deadlock-resolving machinery at the highest political level. In addition, there may well be need for CODESA to consider the appointment of an eminent and impartial person, who need not be a foreigner, to draw the strings together and to provide the impetus and cohesion that CODESA needs to accomplish its tasks. I recommend that these ideas be considered further by all concerned in South Africa.

81. In a time such as this, crucial to South Africa and the world alike, it is most important that the Security Council should have decided, in its resolution 765 (1992), to "remain seized of the matter until a democratic, non-racial and united South Africa is established".

82. To discharge its function, I believe that the Security Council should have before it information that is regular, impartial and objective. To this end, I would propose that missions such as that just completed should be undertaken on a quarterly basis or more frequently, if the situation so warrants, and that reports be provided to the Council.

83. The role of the international community and of the United Nations in particular can, at this moment, be profound and beneficial. It can facilitate a great and peaceful transition of historic proportion in a part of the world that has suffered too long.