S/32/PV.35 Security Council

As members are aware, the General Assembly at its 35th plenary meeting decided to set the time·limit for the submission of draft proposals at 12 noon today. I should now like to inform Members that a 24·hour postponement has been requested. After consultations with the regional groups-especially the African group-I have acceded to the request, which in any case will not hinder consideration of the item, since the number of speakers makes it necessary to have an additional number of meetings and to continue until Monday the consideration of this item. Therefore, draft proposals on the question of Namibia should be submitted by 12 noon tomorrow, Friday, 21 October.

Bangladesh's position on the question of Namibia is clear-cut and categorical. It is founded on our constitutional commitment, which is to support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism and racism. It is backed by our unswerving adherence to Assembly resolution 1514 (XV), containing the historic Declaration NEW YORK on the Granting of Independence to Colonial Countries and Peoples-the key passage of which declares that: "Immediate steps shall be taken... to transfer all powers to the peoples of those territories. , . in order to enable them to enjoy complete independence and freedom." It is demonstrated in our repeated reaffirmation of the inalienable right of alJ peoples to self-determination, free· dom and independence. It is also deeply rooted in our conviction that the process of decolonization is inevitable and the struggle for liberty and freedom an inex:oriLl>le one. The basic question that remains in the case of Namibia is, How expeditiously can we achieve this end so th.at the people of that Territory can rightfully pursue their destiny without further bloodshed and division? 3. In addressing ourselves to this question, my d.elegation at the outset would like to underscore one fundamental premise: that independence in Namibia can and must be achieved without making any concession in regard to the principles embodied in the resolutions of the United Nations, particularly Security Council resolution 385 (1976). We must take into account the ()bjective realities of the situation in understanding and pursuing the constitutional and other arrangements that will accompany independence. 4. First and foremost, South Africa continues to occupy Namibia illegally in defiance of the resolutions of the United Nations and the decisions of the International ('ourt of Justice. South Africa has steadfastly refused to recognize the United Nations Council for Namibia, established by such resolutions, and to date has prevented it even from entering the Territory. 5. Secondly, the history of this Territory is replete with instances of all the ills that characterize classic colonialism, with the added brutality of the repressive regime of apartheid and its institutionalized discrimina1ion by race, colour and property. 6. Thirdly, the logical extension of this policy llRS been the systematic fragmentation of the Territory along ethnic and racial lines, exemplified by the system of ban- tustanization-the typical divide·and-rule concept of colo- nialism. 7. Fourthly, that system has been main1ained and ex- tended through repressive legislative actions the ex.tent of which has been recorded annually by the Special Com- mittee on the Situation with regard to the Implemcn tation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. A/J:' ~V.39 9. Sixthly~ thousands of Namibians who engaged in a legitimate stIl!gg1e for self-detennination and independence lie incarcerated in South African and Nanlibian gaols, condemned as terrorists. . Iq. SeventhlY, South Africa's vulnerability itl the face of vittual1y unanimous international comlemn~tion and the scope of th~ war ofliberation, has pushed it to iU-(~oncealed effnrts to develop its nuclear-weap~n potential, with all its dire consequences. 11. Finally, Namibia conti1\ues to be denied its economic wealth through indi:;criminate exploitation of its natural resources, with little or no reinvestment 12. It is against thfa background of these realities that one must view recent proposals for a constitutional settlement pending independence. Clearly,. tllQ~'h!it~tive,s Cannot be considered except in the. CortteKt!)Fili~Dbjective situation obtaining in t:T"ntibia. ,~ ~~. " . _._ -- 13. Bangladesh believes that'-=ine ~cardidal olement in progress towards orderly independence is the commitment of all conc~rned to genuine, free and democratic elections in Namibia. It is in the light of this commitment that the integr;J.1 elements of a peaceful settlement assume meaning- fdi focus. 14. As Security Council resolution 385 (1976) clearly specified~ genuine elections would need to be held on the basis of one national "political entity" ~ and not on the basis of tribal or ethnic representation, the subterfuge that the Turnhalle Conference sought to perpetuate and the under- lying motivation of South Africa and the white minority in Namibia for pressing early elections. Connected questions imperilling the concept of genuine elections lie in the attempt to corrupt the process through such issues as proportionate or constituency voting, or the possibility of dividing Namibia into two electoral areas and having a bicameral future parliament. The spectre of fragmentation through the bantustanization process, even by covert constitutional means, is a very real threat to any settlement, an one that cannot but be rejecti'd. . 15. Perhaps the most crucial element for any meaningful process lies in the implementation of "free" and "demo- cratic" elections. The cardinal preconditions emphasized in Security Council resolution 385 (1976) are: complete South African withdrawal, particulrJl'ly of its armed forces; the release of political prisoners; the repeal of all repressive and discriminatory legislation in Namibia; the dismantling of the apartheid system; and United Nations supervision and control of the elections themselves. in the event of South Mrica reneging (lln its promise ~ffree elections-an event that could very likely arise. I need only refer to t!te tvent~ in South A.frica in the last few days as a pointed indicator of the trustworthiness of South Africa~s declared promises. 17. The only viable alternative lies. in the policmg of a cease fue through an objective third force, and that is dearly the United Nations. Nor can elections be free or democratic in an environment where the mechanics of repression are ,institutionalized through legislation and through a police force well equipped with the mems of bribery and intimidation. Nor does freedom have content when.SWAPO leaders and opponents of the existing regime continue to remain under surveillance or in gaol unable to campaign. The solution is obvious-supervision and control of the transition to independence must be vested in the United Nations and guaranteed by all major Powers and the international community, that is, through consolidation of collective responsibility. 18. A solution short of these necessary imperatives, directed towards the exclusion of SWAfD, of the fragmen- tation of u~e Territory in an environment of intimidation, would make a mockery of the moves towards a negotiated independence for Namibia. The two alternatives facing the international community as a means of moving towards a solution are, therefore, crystal clear-one is a peaceful negotiated settlement under the auspices of the United Nations, and the other the recourse to armed struggle. 19. As I have stated, Bangladesh is convinced of the inevitabHity of ultimate achievement of independence in Namibia. It is the cost in tenns ofhuman lives and material damage that is the fundamental issue. We strongly advocate the peaceful alternative, but are equally committed to support SWAPO's liberation struggle through all means including armed struggle. 20. Bangladesh fmds merit in the suggestion of the leader of SWAPO, Mr. Sam Nujoma~ that "in the event South Africa 'persists in its arrogant refusal to withdraw all its repressive troops, and goes ahead with the so-called internal settlement" [35th meeting, para. 79/ a special session of the General Assembly be convened to consider the situation and measures directed towards further isolating and pres- surizing South Africa to relinquish its illegal hold over Namibia. Bangladesh fully 'endorses the recommendation of the International Conference in Support of the Peoples of Zimbabwc( and Namibia, held in Maputo, and ofthe United Nations Council for Namibia that it is time also for the Secmity Council to reactivate its conQderation of the present question. We believe that among measures of particular import that should be considered in the face of South African recalcitrance, are the imposition of man- datory sanctions under Chapter VII of the Charter of t\e United Nations and the payment by South Africa of compensation for the damage and exploitation of that Territory. 22. Bangladesh has always accorded special priority to the more positive and nation-building measures that would accompany and facilitate the emer~enceof an independent Namibia. In this regard, we fully commend the proposals of the Council for Namibia towards this end, particularly those directed towards developing the human potential of that Territory to enable it to assume the manifold administrative and economic responsibilities on its assump- tion ofindependence. 23. I should also like to express my delegation's warm welcome to Mr. Sam Nujoma and our deep appreciation for his frank and constructive statement as the legitimate representative of the Namibian people. 24. In conclusion, Bangladesh wishes formally to place on record our appreciation and endorsement of the report of the Special Committee on the question of Namibia{A/32/ 23/Rev.l, chap. VII/I.

It is the firm view of my Government that the achievement of self-determination for all oppressed peoples in southern Africa is only a matter of time. We believe the beginning of a new future for southern Africa based on human dignity and equaliiy is within sight. As was stated in the Maputo Declaration {see A/32/109/ Rev.l-S/12344/Rev.l, annex VI, the peoples of Zimbabwe and Namibia are on the threshold of freedom. The question now is only how the transition into this new phase in history for the peoples of southern Africa shall come about. Shall it take place through an all-out war with great human suffering and costly material destruction, or shall it be brought about through a peaceful settlement, already long overdue? That is the question that remains to be answered. 26. Na.."l1ibia has been illegally occupied for far too many years by South Africa in defiance ofthe unanimous view of the international community. The present critical situation in Namibia is solely the result of the persistent refusal of the South African authorities to respect and accept one of the most significant and irreversible historical developments since the inception of our Olganiza'tion-the achievement of . independence by colonial countries and peoples. 27. South African authorities have, therefore, brought about their own isolation within the commumty ofnations, while throwing the African :najority in Namibia, and in their own country as well, into an increasingly desperate situation where violence has already bred further violence. 28. We want to take this opportunity to express our support for the timely initiative taken by the five Western countries, aiming at independence for Namibia within the framework of Security Council resolution 385 (1976). We _.-..-.--~~.----------------'_ 29. We have interpreted the ongoing negotiating efforts as an indication that South' Africa remains committed to independence for Namibia next year as one political entity. However, we have not failed to note that South Africa, in the midst of highly critical negotiations and in defIance of international public opinion, has decided to annex the Namibian port ofWalvis Bay. The intended result ofthis act cannot but be the dismemberment of a free Nmlibia and the further complicating of the po1itic~l, social and eco- nomic recovery of that country from years of illegal rule and exploitation. 30. It is not our intention here today to interfere in any way with the (:onduct . of the ongoing negotiating efforts" the complexity of which we fully realize. Our impression is that this attitude is shared by a great number of countries. None the less, in the absence of a fmal break-through in the present talks, we wailt to reiterate our principal views concerning Namibia's transition to independence. 31. It is the view of my Government that independence for Namibia must be based on Security Council resolution 385 (1976). In particular, we attach great importance to the principle that the people of Namibia be enabled freely to determine their own future and that free elections be held under the supervision and control of the United Nations for the whole of Namibia as one political entity. 32. The implementation of this principle puts a heavy responsibility on the United Nations. We trust, however, that the United Nations has both the means and the capacity to discharge itself of this task.in a manner which will smoothly pave the way for the entry of Namibia into the community of free and independent nations. 33. I should like to stress that the United Nations as a whole has assumed a collective responsibility for the making of a Namibia, freed from South African occupation and to be born out of free elections. We trust, therefore, that the large degree of unanimity on the question of Namibia, which so far has characterized our deliberations on this item over the years, will carry over into the phase of implementation of our decisions and commitments pre- ' viously made. 34. An effective discharge by the United Nations of its duties and obligations in Namibia will necessarily have financial consequences for our Organization. There must be . no doubt about our readiness collectively to shoulder this responsibility too. 35. We want to stress this aspect since it has an important bearing on the capacity of our world Organization to deal effectively with Namibia's transition to freedom based on self-.rletermination. 36. My Government stands ready to extend its whole- hearted co-operation within the framework of the United Nations concerning Namibia. Here I want to refer to the meeting of the Nordic Foreign Ministers in September of this year, where they expressed their readiness to offer their 38. Norway continue~ ·also to support the United Nations Institute fo.f Namibia, whose activities are taking on additional significance in view of recent .events. Our . contribution this year amounts to $100,000 whereas we shall-:"'subject to Parliamentary approval-increase this amount to approximately $140,000 next year. My Govern- ment attaches, furthermore, the greatest importance to the work of the United Nations Council for Namibia and the activities of the United Nations Commissioner for Namibia. Both have always been in the forefront in our effort to create a free Namibia. More than ever their tireless efforts are called for. In this they have our full support. 39. It remains the view of my Government that South Africa holds the key to a negotiated solution of the problems ofthe whole of southern Africa. 40. We believe it is important to continue and increase outside pressures on South Africa. The question of man- datory sanctions must again be raised. My Government has on earlier occasions caIled for a mandatory arms embargo as an initial step. We want.to repeat that call now. 41. At the same tittle.we take this opportunity to reaffirm our strong support 'for- the multilateral role played by the United Nations in Namibia. We also want to emphasize that our own national policy in support of the liberation struggle remains unchanged. In the present situation both multilateral and national pressures remain essenti!!l. In this connexion I should like to stress the heavy sacrifices made by the front-line States to bring about self-determination for the peoples in southern Africa. It is the duty of the international community to assist them in this task by increasing its fmancial aid to these countries. 42. Our moral, humanitarian and fmancial assistance to the peoples of Namibia through SWAPO, the representative ofthe Namibianpeople as recognized by the United Nations, has been nearly doubled this year and amounts to almost $1 million. This assistance to the people of Namibia will be further increased in the years to come. 43. The stakes are high in Namibia today. Any additional ·postponement of a fmal and negotiated settlement based on .Security Council resolution 385 (1976) will further aggra- ~ate the situation in which the peoples of Namibia fmd themselves. They have borne the heaviest burden in the past. They will continue to do so until a new future is laid for Namibia. Their present state of inhuman subjugation cannot be tolerated any longer. We are, therefore, looking impatiently forward to the day when we, here in this haIl, shall be able to extend our welcome to yet another Member of our Organization-a free and independent Namibia. 45. We have listened with close attention to the debate so far on South Africa's illegal occupation of Namibia, particularly to the statement made by the President of SWAPO, Mr. Sam Nujoma. India fully shares the sense of fmstrationand outrage over the fact that even though 11 years have elapsed since General Assembly resolution 2145 (XXI) terminated South Africa's Mandate and made the Territory a direct responsibility of the United Nations, South Africa not only retains its unlawful presence but seeks to further consolidate its rule by terror over Namibia. During these 11 years, .a score of General Assembly resolutions, one advisory opinion of the International Court of 1ustice and eight Securijy Council resolutions specif- ically denouncing the illegality of South Africa's occupa- tion of Namibia have apparently made no impact whatso- ever on the racist regime ofPretoria. United Nations action in this regard has fallen short of precisely those provisions of the Charter which could have secured South Africa's Withdrawal. Nowhere has the credibility and authority of the United Nations been more unabashedly defied than in the case of Namibia, which has the status of an interna- tional Territory. 46. Outside the United Nations,initiatives concerning Namibia seem to be moving rather haltingly in the right direction. It is my delegation's hope that these initiatives will fmally induce appropriate and effective action on the part ofthe United Nations and on the part of South Africa a total and .fmal withdrawal from Namibia. The struggle against South Africa's illegal occupation of Namibia fOIms an integral part of the liberation movement against the last vestiges of colonialism and racism in southern Africa. This liberation movement represents perhaps the last of the freedom .struggles waged by the peoples of the world against the colonial domination of a handful of European .Powers which culminated in the' emancipation of nations across Asia, Africa and parts of Latin America since the end of the" Second World War. Colonialism and domination based on.race thus belong to a bygone era, as is so well reflected in the composition of this Assembly. 47.· In southern Africa itself, the recent victories of the heroic peoples of Angola, Mozambique, Guinea-Bissau, Cape Verde, Sao Tome and Principe have extended the frontiers of freedom to the borders of Namibia and Zimbabwe. Within Namibia, the yeamings of the people for human dignity and their aspirations for independence and majority rule have been mobilized. Under the leadership of SWAPO the liberation struggle has been intensified, much to the consternation of the occupying Power which now deploys a large military force of over 50,000 troops in Namibia. The racist regimes of southern Africa face further international isolation as can be attested to by th~ success of the International Conference in Support of the Peoples of 21mbabwe and Namibia, held iriMaputo earlier this year, 48. South Africa's reaction to these developments has consisted so far of a mixture of obduracy and subterfuge. On the one hand, the illegal administration, supported by a large contingent of South Africa's armed forces, has stepped up its repression in a futiJe attempt to break the will of SWAPO and the Namibian people. The indomitable spirit of Namibian patriots reminds me of a passage from the famous poet Byron: "When thy SOD.S to fetters are consigned To fetters and the damp vaults' dayless gloom Their country conquers with their martyrdom And Freedom's fame fmds wings on every wind." 49. In desperation South Africa also invaded Angola and committed acts of armed aggression against Zambia in an unsuccessful effort to roll back the tide ofhistory. Another example of the provocative tactics ~mployed by South Mrica has been its most recent annexation of Walvis Bay, which is an integral part of Namibia. The other aspect of South Mrican strategy, in the face of mounting interna- tional pressures, has been to promote fraudulent constitu- tional devices in a vain attempt to bamboozle world opinion. The Turnhalle Conference, which excluded SWAPO, was one such attempt. However, far from be- guiling the international commui1ity into the belief that constitutional progress was under way, according to reports even the hand-picked tribal chiefs attending the Conference were not deceived by the manoeuvre aimed at the fragmen- tation of the Territory, the preservation of the privileges of the white minority and the perpetuation of South African control over Namibia. According to the latest reports, South Africa has temporarily shelved the Turnhalle exercise and has taken certain steps such as the appointment of an Administrator-General under circumstances to which I shall refer later. 50. Behind this constitutional drama stage-managed by South Africa lies the harsh reality that the African majurity in Namibia continue3 to suffer from the total deprivation of the most elementary human rights. Even under the now defunct Mandate of the League of Nations, South Africa was obliged to "promote to the utmost the material and moral well-being and the social progress" of the inhabitants of the Territory.! South Africa, of course, did nothing of . the sort. Instead it has illegally extended its apartheid legislation to Namibia and has ruthlessly enforced it either directly or through the all-white territorial legislative assembly. 51. The reports of the United Nations Council for Namibia and the Special Committee which have been submitted to this Assembly have documented the details of the inhuman apartheid system illegally applied to Namibia by South Africa. The application of the .infamous Odendaal Plan creating so-called African homelands, the iniquitous 1 See article 2 of the Mandate for German South-West Africa, conferred at Geneva on 17 December 1920. League of Nations, Official Journal, 2nd Year, No. 1 (January-February 1921), p. 89. 52. Nothing exemplifies the tyranny by which South Africa occupies Namibia better than the 1967 Terrorism Act under which hundreds of Namibian patriots, including leading members of SWAPO, have been arbitrarily arrested, detained without trial, tortured and subjected to "show trials". In the name of anti-communism and in the name of Western and Christian values, the South African regime has~ by its policies both in South Africa and in Namibia, itself become the largest and most brutal terrorist entity in the world today. 53. Most regrettably, South Africa is not the only party involved in the illegal plunder of Namibia. Other foreign corporations and business interests are conniving with South Africa in the illegal and ruthless exploitation of the rich human and material resources of the Territory. Motivated solely by the greed for profit and yet more profit, those foreign interests are preying upon Namibian labour, which is enslaved by the apartheid system. The frenzied depletion of Namibia's irreplaceable mineral re- sources, which are the birth-right of the Namibian people, is nothing short of criminal larceny and should not go unpunished. The culprits have so far, I am sorry to say, gone scot-free. 54. I have already referred to South Africa's most recent annexation of Walvis Bay. The extent of the anachronism underlying this action, which is apparently based on a treaty signed in far-away Berlin long ago, in 1884~ between two European empires, is breath-taking, even by South African standards. This latest act of colonialism by South Africa must be denounced by this Assembly as a violation of Namibian territorial integrity, as recognized by United Nations resolutions, in particular in Security Council resolution 385 (1976). 55. There have been profoundly disturbing reports re- cently of South Africa's intention to conduct a nuclear test in the Kalahari Desert region, either in Namibia or on its borders. Given South Mrica's persistent defiance of the United Nations, its record of aggression against independent African countries and its policy of apartheid, any develop- ment of nuclear weapons by South Africa would be only for the purpose of intimidating neighbouring independent States. 56. South Africa's military strength, which is used for the subjugation of the peoples of southern Africa and for armed aggression against independent African States, is to a large extent based on the importation ofmilitary hardware and technology from certain Western States. According to the relevant section of the report of the Special Committee, between 1965 and 1975 South Africa was the largest import~r of major weapons in Africa south of the Sahara, . with total arms imports of almost $1.1 billion [see A/32/23/Rev.l,chap. ~ annex II, para. 21}. This collabo- ration in the military field with the racist regime of South Africa must be condemned by this Assembly. 58. I have referred to the intensification of the armed struggle by SWAPO, in the face of South Africa's intran- sigence and its repressive policies in Namibia. We are glad to note that SWAPO, under the decisive leadership of its President," Mr. Nujoma, is marching from strength to strength, both in the political fiel~ and i.~ the military field against the occupying Power. The issue, however, cannot be resolved by the efforts and struggle of SWAPO alone. The United Nations has undoubtedly a collective and direct responsibility in the matter. 59. In this context we have followed with interest the diplomatic initiative taken by the five Western Powers, members of the Security Council, to secure the implemen- tation of Council resolution 385 (1976) thr~ugh peaceful means which could lead to the withdrawal of South Africa from Namibia and thereafter to its complete independence. It remains to be seen whether the efforts of those Western Powers will succeed, and it is precisely those fiVe countries WhICh have the requisite political and economic leverage which could influence the South African regime to change its present course, a course that can otherwise only end in disaster in Namibia. As the President of SWAPO, Mr. Nujoma, stated earlier in this debate, while South Africa has made pronouncements regarding the indep"endence of Namibia and is negotiating with tlIe five Western Powers, it has, at the same time, taken several measures which lead us to believe that it has not given up its colonial designs in Namibia. Those measures include the bantustanization of Namibia, the creation of tribal armies, the annexation of Walvis Bay, South Africa's patronage of tribal puppets and the continued persecution of Namibian patriots. 60. India fully supports SWAPO's just and reasonable demand, made by Mr. Nujoma at this Assembly, for the complete and unconditional Withdrawal of all South African armed forces from Namibian territory before the commencement of the electorial process. Apart from the fact that free and fair elections are most unlikely in the hostile presence of South African forces, the restoration of legality in Namibia would itself require the replacement of South African forces by a United Nations presence during the interim period, before Namibia attains full indepen- 61. In the meantime, the threat posed by South Mrica's intransigent and aggressive policies begins to loom larger. As I observed earlier, the United Nations has been unable to implement its decisions and as a result a situation has arisen in which the people of Namibia have been left with no option but to resort to armed struggle. However, the Western initiative has brought us to the ,.;ross-roads, and we hope that through that initiative the United Nations will redeem the trust reposed in it by the people of Namibia and secure the withdrawal of South Africa from Namibia and establish there a genuinely independent State and Govern- ment, in conformity with the freely expressed will of the people ofNamibia. 62.. Mr. LUDWICZAK (Poland): I should like in the fust instance to express my delegation's most sincere and warmest· appreciation to the President of the United Nations Council for Namibia, Miss Gwendoline Konie of the Republic of Zambia, on the dynamic manner in which she has carried out her important and responsible task. 63. Likewise, may I be permitted to extend on behalf of the Polish delegation our warm welcome to the President of SWAPO, Mr. Sam Nujoma, whose participation in this debate offers ample testimony to the importance and urgency of the question of Namibia, a distressing problem which is of such great concern to Poland and to the entire international community. 64_ The question of Namibia, as the Permanent Represen- tative of Poland said during consideration of the problem by the Security Council, in January 1976, is of a three-dimensional nature. ~ 65: In the frrst place it· is a national problem of the Namibian people brutally suppressed by South Africa, a national problem of a people led by SWAPO and bravely struggling to achieve self-determination, freedom and inde- pendence. 66. Secondly, it is a matter that directly concerns the continent of Africa. South Africa's illegal occupation of Namihia, the war of repression it wages there, the acts of aggression against independent African States from bases in Namibia represent a serious threat to peace and security in the region, as well as to the stabi1Jty of the whole of the African continent. 67. Thirdly, the existence of the racist regime of South Africa remains a constant threat to the maintenance and safeguarding of international peace and security. 68. For more than 30 years we have debated this problem in one form or another. For many years the United Nations has had the question of Namibia on its agenda both in the General Assembly and in the Security Council. Over 10 'years ago the United Nations put an end to South Africa's Mandate and assumed direct responsibility for the Territory and for the Namibian people. 70. This abnormal situation has already been the subject of 17 Security COl~ncil resolutions and more than 100 resolutions of the General Assembly. All of them remain unimplemented. Despite all thesf~ efforts, the racist regime of South Africa persists in its illegal and repressive occupation of the international Territory of Namibia. 71. What is the present situation? The situation in Namibia, the Trust Territory of the United Nations, has further deteriorated in the course of the past year. It is a direct consequence of the continued refusal by the racist regime to comply with the decisions of the Security Council and the resolutions of the General Assembly. 72. South Africa continues its illegal occupation of Namibia, refusing to withdraw from the Territory. It persists in subjecting Namibia to apartheid. It continues to implement its policy of fragmentation of Territory into so-called bantustans. This constitutes an outright rejection of the principle ofnational unity and territorial integrity of Namibia. In this regard, South Africa's recent decision to change the present status of Walvis Bay and to incorporate it as a part of Cape Province is of particularly grave concern. 73. Basic human rights are being violated in Namibia. The South African regime has still further escalated its reign of terror over the Namibian people by arrests, intimidation and violence. Large areas of Namibia have been placed under military rule. There is ample evidence ofWidespread brutality and ill-treatment of civilians by units of the South Mrican armed forces and security police. 74. In order to perpetuate its illegal domination over Namibia and exploitation of its resources, the racist regime has built up its military forces in Namibia on an unprece- dented scale. It continues tt> increase the number of troops stationed in Namibia and to expand its network ofmilitary bases. 75. We have been alarmed by an even more dangerous development in this regard. Only a few weeks ago the Soviet Union drew the attention of the international community to South Africa's vigorous pursuit of the development of nuclear weapons and preparation to test a nuclear bomb on the Kalahari desert in Namibia. In the light of this situation it is clearer than ever before that the South African policy in Namibia constitutes a direct threat to international peace and security and to the peace and security of the independent African countries. 76. South Africa has not abandoned its manoeuvres with the so-called Constitutional Conference, manoeuvres aimed at imposing a neo-colonial solution on the Namibian people. 77. The South African regime is sustained in its practices toward Namibia by assistance from outside. Support is 79. Naturally, the most decisive factor continues to be the will of the Namibian people, its political maturity and its detennination to persist in the struggle. In this regard an important step' forward has been taken. 80. SWAPO, the liberation movement of the Territory, the sole authentic and lawful representative of the Namibian people, has intensified its legitimate struggle by all means at its disposal Despite the concentration of repression directly against SWAPO, it has managed to consolidate its position both internally and internationally. The indigenous popula- tion has increased its support for SWAPO. As the recent international Conferences in Lagos and Maputo have shown, there is growing support for and solidarity wit.'! SWAPO in international public opinion. 81. The Namibian people fighting for their independence with determination and unity are there to win. We hope that they will soon succeed. And it is the duty of the international community to assist them in every way possible in achieving the goals of their just and legitimate struggle. 82. In regard to my country's position, Poland has consistently supported the Namibian people's legitimat~ struggle for self-determination and independence. This is consistent with the guidelines of Poland's foreign policy of firm support for and solidarity with peoples fIghting for their freedom and the elimination of the last vestiges of colonialism. Poland supports the transfer of power without delay to the genuine representative of the Namibian people-to SWAPO. In his statement before the General Assembly during the general debate of the current session, Poland's Minister for Foreign Affairs,. Emil Wojtaszek, emphasized that: "... the peoples of Namibia and Zimbabwe [should] be allowed, unconditionally and without de}ay, to exercise their right to self-determination and independence." [12th meeting, para. 59.1 83. In conclusion, the Polish delegation wishes to make the following observations. . . 84. First, it is our considered opinion that the road to the solution of the grave situation in Namibia depends upon the implementation of the relevant resolutions of the United Nations and, in particular, of Security Council resolution 385 (1976), which, inter alia, calls for free elections under the supervision and control of the United Nations for the whole of Namibia as one political entity. 85. Secondly, the President of SWAPO, Mr. Sam Nujoma, has clearly set out before our Assembly the basic conditions that must be met in order to advance the cause of self-determination and independence for the people of Namibia. My delegation shares his view that the immediate withdrawal of all South African military forces from Namibia constitutes the only political solution which will 87. Fourthly, we hope that the solution of the N~ibian issue can be achieved without violence. However, the international community should be vigilant against steps to convey the impression of progress when only delaying tactics and manoeuvres to evade a just solution are involved. 88. The recent repressive measures and the escalation of violence by the apartheid regime against the indigenous population of South Africa and its organizations, which have just been reported, can only strengthen our doubts in this regard. 89. As a member of the United Nations Council for Namibia, Poland is committed to the aims and purposes of the Council. We will continue to support its work. 90. We hope that the General Assembly and the Security Council will do everything possible to remove obstacles from the path of the Namibian people and that that people will soon attain its long overdue independence. . 91. Mr. FUTSCHER PEREIRA (Portugal): The General Assembly this year decided to allocate the question of Namibia to its plenary meetings instead of to the Fourth Committee, as had until this session been the usual practice. This fact in itself reflects all the importance that today is attached to tb.~ question of Namibia as well as the belief, which all of us certainly share, that we are witnessing a significant increase in the mounting pressure that has in the last years been exerted both by the Namibian people and by the international community to achieve a quick and satisfactory solution of this problem. 92. In the present political context of southern Africa the Namibian issue occupies a prominent place, for on its settlement will to a large extent depend the- course of events likely to occur in other parts of that area of the world-indeed, the very choice between escalation of the armed struggle and continuation of the search for peaceful and n~gotfatedsolutions. 93. Thus Namibia is a fundamental test of the capacity for dialogue and understanding which the Government of South Africa might at this stage still be'able to show. Let us wish and hope that the Government of South Africa will also understand that historic ~hallenge and act accordingly and urgently, better than we Portuguese did years ago. 95. In this respect it would also seem appropriate to recall here the International Conference in Support of the Peoples of Zimbabwe and Namibia, held in Maputo, the capital of Mozambique, last May, in which my country took part and which constituted an important step +.')wards the speedy solution of the conflicts affecting southern Africa. For many years the General Assembly and the Security Council have both adopted resolution after resolution aimed at allowing the Namibian people freely to exercise their right to self-detennination and independence, to obtain the withdrawal of the South African authorities, the release of political prisoners, the end of discriminatory laws and practices against its African population, and the tennina- tion of any attempt to fragment its Territory into ban- tustans. 96. The responsibility of the United Nations over Namibia was defmed and the Council for Namibia and the Commis- sioner instituted in order to create the necessary conditions for its exercise. Institutions and programmes were estab- lished in support of the Namibian people assisting their liberation struggle ~d enabling them to prepare for.an independent future. SWAPO was granted t..lte status 0; observer at the United Nations as the legitimate represen- tative of the Namibian people in their struggle to exercise their inalienable right to independence and national life. 97. We cannot forget the merit and the importance of all these United Nations actions, namely, for the legal defini- tion of the basic framework within which a genuine decolonization of Namibia will take place. On it will depend the credibility that any settlement of this question might have for the international community. 98. It should be emphasized that the principles contained in Security Council resolution 385 (1976) must be fol- lowed; otherwise the legitimate rights and interests of the Na:nibian people to full independence and national sover- eignty would be deceived and their deep frustration and revolt would thus be perpetuated. 99. Portugal, in accordance with the principles enshrined in its democratic constitution, upholds the rights of the people of Namibia to self-detennination and "independence, to nationhood, to territorial integrity and to the full respect of its national frontiers. All the people of Namibia must freely participate in shaping the political future of their country, namely, through democratic and free elections to be held under the supervision and control of the United Nations according to the relevant resolutions of the General Assembly and of the Security Council. Without delay and under the provisions of Security Council resolution 385 (1976) South Africa, therefore, should withdraw from Namibia. 101. Bearing this in mind, we understand and encourage the diplomatic eLorts which have been carried out by the fIVe Western members of the Security Council within the framework defmed by Security Council resolution 385 (1976) to obtain a peaceful transfer of power to the people of Namibia. We think indeed that everything that can lead to avoiding or reducing the use of force with all its tragic consequences for the population concerned and for international peace and security, must be encouraged by the United Nations, but provided that the inalienable rights of the Namibian people are duly safeguarded and respected. 102. This is a problem which has been aggravated by the attitudes and policies of South Africa. It is, therefore, mainly the responsibility of the South African Government to provide at this stage of the problem the necessary conditions for its settlement. Only in this way will a violent confrontation in Namibia be averted, a confrontc.;.:ion that could convert that country into a stage for an ideological or strategic clash alien to the interests of its people. 103. Allow me to quote the words of the Minister for Foreign Affairs of Portugal when he spoke before this Assembly on 28 September 1977: "As ,1 nation both European and Atlantic, we are bound to Africa, and not only to Portuguese-speaking Africa, by multiple ties that are centur:?~old. We cammt be indiffeT~mt to anything that occ'.m~ in Africa, not OJlJy becl!use of its effects on int:c'rnri.t\onal order, but at~o because of the real esteem in wh~h we hold the peoples of Africa and the respect we have for their struggle to put an immediate end to all those situations that bear the intolerable stamp of colonialism or represent an unac- ceptable denial ofthe most basic human rights. "Portugal cannot fail to add its efforts to those of all nations and all political forces in the world which condemn the stubborn persistence in southern Africa, of political concepts, institutions or forms of Government that, whatever may be the arguments invoked in their defence, seem designed merely to ensure the survival of an unjust political and social order and to postpone satisfaction of the legitimate desire of the peoples of southern Africa to be masters of their own destiny. "For those reasons, the Portuguese Government hopes that the independence of Namibia, with full respect for its unity and territorial integrity, will not be delayed. We trust that the diplomatic efforts being made to bring together the different parties involved in this matter will meet with success so as to end, through negotiation, the illegal occupation of Namibia." [ 11th meeting, paras. 199-201.J

We shall now interrupt our con- sideration of agenda item 91 in order to hear an addres£ by the President of the Republic of Costa Rica. After the address, we shall resume our consideration of the question of Na.'11ibia.

The Assembly will now hear a statement by the President of the Republic of Costa Rica. On behalf of the General Assembly, I have the honour to welcome to the United Nations His Excellency Mr. Daniel Oduber, President of the Republic of Costa Rica, and to invite him to address the Assembly.

Mr. President, in gree~ing you I wish to greet also the people of Yugoslavia, with whom Costa Rica maintains close and friendly relations. I am very pleased to reiterate the congratulations extended to you from this same rostrum by my Government's Foreign Minister on your election to preside over this General Assembly. It is a just recognition of your brilliant career and a deserved tribute to your country. 108. I also wish to express our satisfaction with the continued benefits which the world derives from the presence of Mr. Kurt Waldheim as· Secretary-General. His talents, efforts and dedication are extraordinary. 109. Detem1ined to preserve future generations from the horrors inflicted by man upon man during the two world wars of the fIrst half of our century, the peoples of the United Nations created this Organization for the main purpose ofmaintaining international peace and security and ofpromoting respect for the dignity ofman. 110. These basic principles were clearly laid down in the United Nations Charter, which Costa Rica, together with another 50 nations, signed in San Francisco in 194.5. 111. Since then this Organization has increased its mem- bership to i49 States, bringing us closer to the ideal of universality. This was made possible because during the 32 years that have elapsed, the wish to dignify man hp.'; given a powerful impulse to the decolonization process. Thanks to this process, in which the United Nations can take legitimate pride, hundreds of miliQns ofhuman beings have fulfilled their aspiration to b2 the masters of their own national destinies and have initiated the difficult task of the development and affmnation of their dignity. 112. The.fight by the new nations for independence·made the world awm-e of the need ~o intensify the struggle against racism, whose most hateful manifestations are still as- sociated with political systems that are the unpleasant 113. Any form of racism constitutes an open violation of human rights, respect for which is proclaimed and de- manded by the Charter of the United Nations. 114. For this r~ason, and because of its democratic tradition and the fact that throughout its history Costa Ricans have enjoyed human rights and have lived in harmony without asking each other about their national or ethnic origin, Costa Rica has always condemned racial discrimination and, especially, the policy ofapartheid. 115. We emphatically favour a majority Government in Zimbabwe and the independence of Namibia. We consider that the Maputo and Lagos Conferences produced important declarations2 on the ways and means to combat apartheid and put an end to the intolerable situations existing in Rhodesia and Namibia. I congratulate its participants for the dignified and,balanced manner in which they dealt with such explosive subjects. 116. Another fonn of exploitation, perhaps more refmerl than colonialism, is practised through international trade. In spite of the dialogues, the specialized conferences and the study commissions, the -wealthy nations continue to take advantage of the poor nations through world trade. As practised between' the industrialized countries 3lld the suppliers of raw materials, it constitutes a form of exploitation that must end. Not only are the primary products exported by the developing countries bought cheaply, but so is tneir national labour, whereas, on the other hand, the industrial products which the developing countries need are sold at prices which guarantee to the people of the industrialized nations an increasingly high standard ofliving. 117. When dealing with international trade, ideologies fade away and the rich countries, whatever their ideological orientation may be, refuse to accept that the agricultural workers of our nations aspire to enjoy a standard of living such as that achieved by the industrial workers b the developed countries. Recently, when the price of our coffee had reached barely nonnal levels, a protest campaign was unleashed in the importing developed countries which threatened to boycott the product. But none of those who ~protested gave any thought to the constant in~rease in the .prices of the industrial products which our countries have 2 For the Maputo Declaration in Support of the Peoples of De(~~tion. for Action against Apartheid, see Report ofthe World 119. It is true that the members of OPEC have taken steps to ~stablish assistance programmes for less developed countries; but this assistance has not been sufficient to offset the double load of the increasing oil prices and of the manufactured products exported to us by the developed oil-importing countries. 120. I believe, that if the OPEC countries are truly willing to assist the less developed countries to bear that double burden they should fIX differential prices for the oil they sell to the less developed countries. The equality in the selling price to the poor and the rich is so ridiculous that it brings to mind what was once sarcastically said by a famous French writer about the rich and the poor being equally free since both had the same right to die of starvation. 121. If we do not take firm steps towards structuring the new international economic order, if the gap between t~e rich countries and the poor countries continues to grow, we will not be able to reach effective enjoyment of human rights and, as a con~quence, world peace will not b~ possible because hunger is the cause of wars and will be even more so in the future. 122. The Conference on International Economic Co- operation, or North-South dialogue, has not met the hopes of the developing courttries, aild perhaps not even the expectations of the developed countries. I believe that those discussions must return to L~e General Assembly, which is much more representative of world opinion than the Paris forum.. The General Assembly should have the task of setting the guidelines for the dialogue, and the details of such a dialogue should be assigned to a negotiating team, always under the supervision of this world forum. 123. In recent years detente has progressively taken the place of the climate of ccmfrontation that characterized the 124. Tne admission of the Socialist Republic of Viet Nam as a Member of this Organization is evidence of the disappearance of one of the most dangerous hotbeds of tension in recent times. That the Vietnamese nation has been able to reunify itself and now lives in peace, after several decades of civil war and foreign intervention, is a sign ofa more fertile era in international relations. 125. There continue to exist, however, several areas of tension which demand the constructive activity of the United Nations. Among them are those provoked by racism and colonialism in southern Africa, to which I referred earlier, as well as th~ Cyprus question and the Middle East conflict 126. The Cyprus crisis and the future of that country must be resolved as soon as possible. Costa Rica supports the efforts made by the Secretary-General within the mandate given to him by the Security Council. We hope that the talks between the representatives of the Greek and Turkish communities in Cyprus will result in a just and lasting solution, capable of safeguarding the sovereignty, territorial integrity and independence of the Republic of Cyprus. 127•. Regarding the Middle East, Costa Rica feels en- couraged"by efforts towards reconvening the Geneva Peace Conference on the Middle East. I catl upon all parties involved in the conflict, through direct negotiations-which will necessarily be difficult and time-consuming-to resolve positively the matters which separate them. 128. Security Council resolutions 252 (1967) and 338 (1973) continue, in my judgement, to be the basis on which peace should be built in the Middle East, 129. In the spirit of those resolutions, the integral implementation of which is indispensable, unflexible posi- tions must be abandoned. Such positions have so far prevented the reconvening of the Conference, which was interrupted in December 1973. The Palestinians, as well as the Arab States, must recogni~e the right of Israel to exist within secure and recognized borders. Similarly, Israel must recognize the right of the Palestinians to their own homeland as provided for in the General Assembly resolu- tion on the partition of Palestine [resolution 181 (II)J, which is the legal basis for the international rec'Jgnition of Israel. .. 130. We are witnessing today a rebirth of the cause of . human rights. Statesmen, governments, organizations and individuals everywhere have placed human rights in the forefront of their thinking and of their action programmes. 133. From all corners of the world we hear the desperate cries of millions of people who are. suffering cruel and degrading violations of their fundamental freedams. These are cries of pain and disenchantment, and, above al1~ demands for help which expect to fmd an echo in this General Assembly, in the Inter-American Commission on Human Rights and t: the European Commission of Human Rights. 134. The Nazi concentration camps have disappeared, but we have today manifestations of similar cruelty in nu- merous regions .of the earth: gaols crammed with tortured political prisoners denied the benefit of any legal process; thousands ofpeople seized from their homes who disappear without leaving any trace because they exercised the right to political dissent; majorities which cannot enjoy their political rights because of the brute force of militarism; minorities denied the right to practise their religious freedom by the crushing weight of intolerance; entire nations distorted by racism, a social scourge that covers humanity with shame; peoples that still do not enjoy their right to self-determination, or fmd that their economic, social and cultural development is impaired. 135. The picture being so gloomy, we should not be surprised to fmd that all over the world responsible Governments and the citizens most concerned with the future of mankind have raised the banner of human rigMs more forcefully than ever, making this cause one of the biggest issues ofour days. 136. Costa Rica views this rebirth-this reawakening, this new consciousness-with pleasure, because my people have always struggled patiently and tenaciously for the cause of human rights in this and in many other forums. My country is among the most active and persistent in this field, and its contributions have borne fruit. In 1965, the Cos,ta Rican delegation prese,pted, first before the Commission on Human Rights and, later, before the General Assembly3 a draft proposal for the creation of the post of United Nations High Commissioner for Human Rights, whose main task would be to promote respect for such rights. 137. Today, 12 years later, the appointment of a High Commissioner is an even greater necessity, not only because of the bleak picture that the world is witnessing in the matter of human rights, but also because he would complement, L'l a practical manner, the international Covenants on Human Rights that have come into effect, as well as the Optional Protocol. Without duplicating,. much less substituting for, the action of other bodies of the 153. Of course, it is not sufficient to deal only with nuclear weapons in order to ensure peace. The fmal goal must be general and complete disarmament ~nder inter- national supervision. However, a slowing down of the nuclear amlS lace would undoubtedly pave the way to the limitation of conventional weapons. 154. In addition, it is necessary to consider durL'lg that same special session the means whereby a substantial part of the funds released through the reduction in the military budgets of the industrialized Powers may be allocated to international cO-Qperation. 155. The $250 bHlion that are spent yearly in the aCClui~iti0r. of new weapons could be used to provide a proper ration of food to 2.5 billion human beings, if we estimate the 1lalue of the minimum food requirements of one humaJIi being as bemg $100 per year. Tr..,~re are coantries whose per capita income per year is iess tban th~-: amornt. 156. Those who Sl'lould be most passhmately interested in the 'jf'cia! ses~:UI1 on disarmament Q.T(> the developing, medium-sized .:md small countries, not ;.,ec:mse of the savings they (.an make from eliminating that arms expen- ditUi'3, which they sh·:)uld never have incurred~ but because ot the resourc··~s that disarmament would make av!rl1able in "'.he developed countries, which would enable them to itlcrease their assistance to poor nations. 157. As long as the arms rac'3 continues there cannot be full development or true independence for the weaker nations. 158. On the other hand, if disarmament were to be achieved or if, at least, the arms race were curbed, not only would everything that I have said be accomplished but also peace would be ensured. Where there are no weapons, there is no war. In my country we have experienced that for 30 years. We have no arms; we have no soldiers; we have no army. But we have peace, social welfare, health, education and nutrition. 159. Like any human enterprise, our Organization is not perfect, but far from emphasizing its defects and feeling frustrated because of its short-cornings and failures, our duty is to struggle in order to overcome them. A higher degree of efficiency for our Organization must be sought in the political will of the Member States to respect and apply the purposes and principles ofthe Charter. 160. Several times in his reports to the Assembly, Secre- tary-General Waldheim has raised a question, What type of world organization Governments are really willing to accept? He asked wheather the majority of the Member States wish for an organization that is more than a mechanism for conferences and a forum for tbe expo~ition of n9tional policies, an organization capable of performing a useful and active role in concentrEting international efforts towards the solution of'lIe most difficult problems, and one which, in doing sO, would acquire its own momentum in certain circumstances.

On behalf of the General Assem- bly, I wish to tl:ank His Excellency Mr. Oduber, President of the Republic of Costa Rica, for the important statement he has just made.

Ten years after the adoption of the resolution which put an end to South Africa's Mandate in Namibia {resolution 2145 (XXI)], 'nine years after the establishment of the United Nations Council fo{ Namibia as the only authentic authority in that Territory and six years after the International Court of Justice handed down its judgment of 21 June 1975,5 the adoption of :C)ecurity Council resolution 385 (1976) on 30 Jant;.ary 1976 for a moment gave the impression that the United Nations fmally had decided to bring its authority to bear on the Pretoria regime with regard to the independence ofNamibia. But we were speedily disenchanted. 5 Legal Consequences for State~' 'Of th~ Continued PrlJsence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, LCJ. Reports 1971, p. 16. 173. The request concerning the withdrawal of the illegal administration and the transfer of power to the people of Namibia was disregarded, as were the demands of the Security Council with respect to the provisions of the Universal Declaration of Human Rights, the release of detainees and political prisoners, the return of political exiles without reprisals, and the abolition of the apartheid laws and practices in Namibia. 174. We should have thought that that challenge to the authority and the prestige of the Security Council would be repelled with determination. But here, too, we were disappointed. 175. The initiative of the African group of States aimed at ensuring the imposition of mandatory sanctions against South Africa under Chapter VII of Lite Charter met with the triple veto of France, the United Kh,gdom and the United States of America, and thus the impasse in which the Organization fmds itself by reason of the attitude of the apartheid regime has become even more of a dead-end because the Member States are divided as to the timeliness ofimposing sanctions on that regime. 176. Only South Africa can gain an advantage from such a situation which, ifwe are not careful, will enable it to make preparations for the kind of political solution that would suit its purposes. 177. The statement made in the Assembly by Comrade Sam Nujoma, President of SWAPO (35th meeting], has made it clear to us that the Vorster regime of South Africa is no more ready to yield to United Nations moral pressure, than to the diplomatic persuasions of the five Western members of the Security Council. It is truly surprising that this regime, which has rejected out of hand the other resolutions and decisions of the United Nations, should suddenly accept Security Council resolution 385 (1976) simply because those five Western members proposed it. We share the doubts and reservations of the leader of SWAPO in view of the political and military measures adopted recently by the South African regime, which clearly show its intention to oppose by all means the movement of the Namibian people to independence and national unity. 178. The Execution, arrest and sentencing of SWAPO fighters and supporters show that the illegal regime is not willing to respect the letter and spirit of the resolution. The referendum of 17 May 1977, which was limited to whites, indicates South Africa's refusal of the principle of majority rule. The establishment of tribal parliaments and govern- ments reflects Pretoria's constant dedication to its policy of 179. The use of the Kalahari Desert as a nuclear-test site, which the whole of the international community rightly condemns, reveals the importance the Territory of Namibia has in the strategic and defensive systeIJl of South Africa. It is a tmmp card and its importance to South Africa was amply demonstrated at the time of the aggression against Angola and Zambia. 180. We can see in the annexation of Walvis Bay to the South African Cape Province the symbol of Pretoria's lack of respect for the territorial integrity of Namibia and as an additional proof of its refusal to accept Security Council resolution 385 (1976) as the basis for a solution. 181. We think these facts are more eloquent than the statements and manoeuvres by which Pretoria would like to deceive world opinion. Wb.at is the use of proclaiming its abandonment of the Turnhalle solution while it continues its bantustanization of the Territory of Namibia? What is the use ofpretending to accept the participation of SWAPO in any solution based on free elections, when South Africa intends to limit the role and participation of SWAPO in those elections to a singular degree? More particularly, after more than a decade of stmggle, what SWAPO leader could be so deceived as to believe.that such elections could be held before the withdrawal of the occupying troops, which could alter their results by intimidation or inter- vention? 182. Whatp.ver the advocates of negotiations with Pretoria say, we call only ask, as SWAPO does, for the total implementation of Security Council resolution 385 (1976) in both its spirit and its letter. 183. We believe that no country or group of countries can arrogate to itself the right to negotiate the abandonment of any essential part of that resolution, and in pa~ticular that part concerniIlg the withdrawal of the unlawful adminis- tration and South Africa's occupation troops. 184. We can really see nothing that could be regarded as a counterpart to such a major concession, and this major concession is certainly not justified in any way. It is no longer a time for weakness or delaying tactics. Instead of seeking to accommodate the interests of the white minority racists and thus, by association, those of the imperialists and neo-colonialists, it is essential that all Member States, whatever their politics or their ad hoc interests, should give unwavering support to the objectives of the United Nations in Namibia. . 185. Everything must be done to give effective support to the Namibian people fighting to attain independence, The meeting rose at 1.15 p.m.