S/PV.1051 Security Council

It is indeed a pleasure for me that my first duty and, l may say, privilege is to express on behalf of the members of the Council our unanimous and deep-felt thanks to theoutgoing President of the Council, Ml'. Ahmed Benhima, who in a flawless way, li l may use that expression here, conducted the very difficult proceedings of the Security Council during the last month. 2. If l may, l would like to offer a comment from a . maritime nation and, using maritime terminology for one moment, say that the ship-that is to say the Security Council-has been captained in the most perfect way and that the ship has succeeded in arriving at the harbour with a valuàble cargo; that.is to say, the decision which has been adopted by the Security Council in the difficultquestion before us, that of the Portuguese territories, was a gbod and valid decision by the Council. 3. l am sure that l am also speaking on behalf of the visiting Foreign Ministers of Liberia, Tunisia, Sierra Leone and Portugal, as weIl as on behalf of the Minister of Finance of Madagascar who is' here, in exprl3ssing thanks to the outgoing President. 4. Mr.BENHIMA (Morocco) (translatedfromFrench): l should like to thank the President for his very kind words about me. l am moved by these words, especially coming as they do from a colleagueand frieild whose wîse and purposeful counsels have been Adoption of the agenda Letter dated 11 Ju Iy 1963 addressed to the President of the Security Council by the representatives of Algeria, Burundi, Cameroon,Central African Repub- 1ic, Chad, Congo (Brazzaville), Congo (Leopoldville), Dahomey, Ethiopia, Gabon, Ghana, Guinea, Ivory Coast, Liberia, Libya, Madagascar, Mali, Mauri- rania, Morocco, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, Somalia, Sudan, Tanganyika, Togo, Tunisia, Uganda, United Arab Republic and Upper Volta (S/5348)

In accordance with the decision taken at the 1050th meeting of the Security Council, l shall invite the representatives of Tunisia, Liberia, Sierra Leone and Madagascar to take their seats at the Council table. A t the invitation of the President, Mr. Mongi Slim (Tunisia), Mr. Rudolph Grimes (Liberia), Mr. John Karefa-Smart (Sierra Leone) and Mr. Louis Rakotomalala (Madagascar) took places at the Security Council table.

Before calling upon the representatives of Liberia and Madagascar, who have indicated that they wish to make statements,· l would like to inform the Council that for tomorrow there are only two members of the Council who have so far indicated that they are prepared to speak. l would appreciate it li additional members of the Security Council or representatives participating in the debate on this item, who are prepared to speak tomorrdw, would so indicate to us duringthe course of this meeting in order that we cO'.lld arrange the proper programme for tomorrow' s meeting or meetings. 8. l call upon the representative of Madagascar. 9. MI'. RAKOTOMALALA (Madagascar) (translated from French): l am privileged to take the floor on the very day when the representative of Norway, Ambassador Nielsen, assumes the Presidency of the Security Council. l should like to express my respect and admiration for his country's unsparing efforts to protect peace and to extend the reigu of justice in the world. IL My task is made easier by th\:: fact that Madagascar' s position on what is known as the apartheid problem was stated to you at length on 23 July last [1041st meeting] by Ml'. Victor Miadana, Minister for Finance, who came specially from Tananarive in place of his colleague, Ml'. Sylla, and who dwelt upon the problem of what is called apartheid at the same time as he dealt with the question of African territories under Portuguese administration. 12. It need hardly be emphasized that the position of the Malagasy Republic is one of absolute and complete solidarity with that adopted at Addis Ababa by the independent African States and recapitulated in the letter which thirty-two of those States addressed to the President of the Security Council on 11 July [8/5348]. In the explanatory memorandu.'U attached to that letter, the African States stated that the Addis Ababa Conference had decided that: " ... the question of race conflict in the country resulting from the policies of apartheid was not merely a continuing source of international conflict and tension but was a serious threat to international peace and security" . 13. This statement justifies and makes legitimate the appeal which those States have made to the Se- CUl?ity Council, for the Council is the supr.eme organ for the safeguarding of peace, and it is to the Council that peoples turn first when they have reason to believe that peaca is threatened or indeed, as in the present case, that a virtual breach of the peace alreadyexists. 14. If there is one question with whichthe United Nations is thoroughly familial' and whichit has studied in all its forms, it is thatnowbeforeus. l shall not dwell upon it at length, for, under the chairmanship of our colleague, Ml'. Diallo Telli, representative of Guinea, the Special Committee established under resolution 1761 (XVII) has explored aIl the aspects 'of the question, noted aIl developments and drawn the appropriate conclusions in its two interim reports.Y That Committee has presented the Council with an admirable survey, outstanding for itsobjectivity and cOnscientiousness. Behind the facts, one senses at an times a spirit of liberality, a constant seeking for greater justice for the victims of a brutal and inhuman poUcy, but at the same time a concern to respect the letter and spirit of the Charter. 16. Sixteen million human beings live together in a vast territory. A Government whose prime purpose is to defend the interests of 3 million Whites has resolved to impose their superiority by force and to subjugate 11 million Africans, 1.5 million -persons of mixed blood, and 500,000 inhabitants of Asian origin. Year by year, the law desigI'::d to sanction and maintain this supremacy becowl.:: increasingly harsh as anger. mounts among the coloured peoples, who are denied the most elementary rights and have nothing to look· forward to in the future but servitude and humiliation. 17. This policy, known as apartheid, is officially planned to: safeguard the priviIeges of the dominant minority, which enjoys a monopoly of preferences and rights, higher education, and, of course, all positions of authority. Above all, it enjoys. a monopoly of political rights. As for the other thirteen million inhabitants, they are subjected to a system of discrimination and humiliation. Theil' movements inside the country and abroad are circumscribed by ever harsher. restrictions. The latest report of the Special Gommittee contains numerous and detailed accounts and examples of this, and points out that no regard ispaid to family rights or the necessities of life. 18. Our distinguished colleague, the Minister for Foreign Affairs of Tunisia, has given some figures which speak for themselves. In thepast twù years, there have been more t~an 760,000 convictions for ·unauthorized travel and violations of the pass laws. Can one imagine the tremendous systemofrepression and police action which makes such a situation possible? 19, Madagascar, where eighteen different ethnic strains,stemming from far-away Polynesia, Malaya, Indonesia, Africa,with a definite admixture of Arab and European blood, live side by side in brotherhood, finds it inconcèivable that one .race should impose its supremacy on another within the samecountry. 20. The Universal Declaration of Human Rights is asbindiIig on South Africaas on therest of the world. No fiction of. doroestic policy, of non-interference by ourOrganization in the internaI.affairs' of one ofits Membèrs, can justify our stancfing by, impotent or resigned to the fate of. twelve million human beings, whose cries of anguish, whose appeals to human solidarity, cannot. be stified by themighty police and ::tnilitary· barrier with which SouthAfr~ca has sur.. .~ounded. itself and which it ia strengthening daily. 22. Yes, the liberation of the Africans will come, despite aIl obstacles. To the Government of South Africa we say very frankly: "This liberation will take place with you or without you. Choose liere and now between your anachronistic anddangerous notions and respect for the fundamentals of the Charter. Prepare for your fellow-countrym13n and their childrena future in which they will work, side by sidewith the Africans, in equality and brotherhood, to build together theSouth Africa of toinorrow." 23. In any event, 1 should like to believe, for the honour of mankind, that not aIl the Whites of South Africa agree with the current attitude of their Government, in the same way as nobodyhas ever supposed that Hitler' 13 racial doctrines were those of a whole people. But let those who ùisapprove of these policies have the courage to pull themselves together and in sa reacting to tell the world that they would gladly dissociate themselves. May this appeal not go unanswered, for you must realize that now you are no longer facing twelve million coloured men, unarmed and defenceless, but 200 million Africans resolved to free their brethren. New forces, tremendousforces, have arisen in Africa, and at Addis Ababa they found the course which willlead them to unite their efforts. 24. For the moment, the free peoples of Africa are looking to the United Nations, to the Security Council, tofind a· peaceful solution. But we cannot, without riskjng the utter diseredit of our Organization, allow South Africa togo on openly flouting its decisions and refusing to èomply with the flow of resolutions it hf S adopted since 1952 denouncing and condemningthe odious sY13tem of apartheid. 25. In accordance \\.ith the mandate given to it at Addis Ababa, the Malagasy Republic calls for the forthright application of the measures laid down in the Charter for cases where a State's actions constitute a source of tension and a serious threat to international·peace and security. This is incontestably the case in South Africa and, confronted by South Africa'sdeliberate refusaI to comply with United Nations decisions, 200 million Africans, for whom we speak, turn confidently to you and call for the application of all the measures laid down in the Charter. The .honoul'and the future of our Organization are at stake. 26.. Mr.GRIMES (Liberia}: Ml'. President, members of the Security Council: l,et me thank you, fil'st of aU, .for inviting me,at· my request, to participate in the discussion of this important matter of apartheid, 28. l should like also to express my regret that the Government of South Africa has rejected the invitation of the Security Council and, thereby, refused to participate in this matter so important to internationalpeace. 29. In the statement l made before the Security Council [1040th meeting] on the matter of the Portuguese dependent territories, l made a general introduction which applies equally to the iniquitous apartheid policy-now referred to as ft separate development policy"-of the Republic of South Africa. 30. My colleagues who have precededme have eloquently and admirably explained this grievous matter. Even at the risk of some repetition, l shall have to restate som:e of these things. 31. We do not accept the thesis thattheSouth African policy of apartheid falls under the principle of Article 2, paragraph 7, of the Charter, making it illegal for the Council to disouss this matter; nor do we believe that we will harm the United Nations, as some insidious propagandists have stated, bybringing this matter to the Security CounciL 32. We have acted on the principle that, when fundamental human rights are involved, when a strange form of racism tends to make political outlaws of the African majority, when millions of people are the victims of a set of laws and treatment which negates the brotherhood of man, denying them, because of their colour, the fundamental rights p.ssential ta their happiness-rights recognized by aIl civilized societies-the matter of interference into internaI affairs does not arise, because there has been created a situation which, if allowed to continue, can result only in violence. History is replete with illustrations of man's rebellion against tyranny. The peculiar fact that .this tyrannical oppression is applied to people of colour produces ramifications beyond the borders of the State involved, and constitutes a threatto international peace and security. 33. In this modern world one would have th,ught aIl men would have long since accepted the principle that individual freedom inspires equality •and that ethnic differences are no reason for casting aspersionE! On any race or for practising cruelty against anyone. 34. l should like now to turn the attention of the Security Council to the matter of racial discrimination and the policy of apartheid which are espoused, approved .and .practised by the Government of the Republic of.South Africa. 36. The United Nations has not remained indifferent to these developments. At least twenty-seven resolutions have been passed in which the General Assembly has expressed its opinion. These resolutions have sought, 1 believe, to declare that the policies of the South African Government were contrary to, and in open violation of, the United Nations Charter and, hence, contrary to the obligations which that Government as a Member of the United Nations is committed to uphold. These resolutions have also declared to the world that South African policiesabridgehuman rights, fIout the Universal Declaration of Ruman Rights and, if they are allowed to continue, may very well endanger international peace and security. 37. These efforts on the part of the General Assembly have, up to the present, beenunsuccessful because they have been contemptuously disregarded. South Africa's obstinate attitude has continued. Actions which we consider unbecoming to civilization are still being perpetrated. Because of this, the General Assembly, by more than therequiredmajority,passed resolutions 1598 (XV) then resolution 1663 (XVI) in which it called upon aIl Member States of the United Nations to take separate and collective action which would have the effect of causing the Government of South Africa to revise its policy of apartheid. SUC!. strong cI..:ldemnation has not mad2 even the slightest dent or ïmpression on South AfrIca in the pursuit of its shortsighted and disastrous polioy. 38. At the seventeenth session of the Assembly, resolution 1761 (XVII) established a Special Committee "to keep the racial policies of the Government of South Africa under review". This resolution further requested the Seclll'ity Council to take appropriate measures to secure compliance by the Republic of South Africa with previous resolutions of the General Assembly and of the Security Counci!. And what has been the response of the Government of SQuth Africa? It has intens-ified its :r.epressive actil'ities, proceeded with arbitrary arrests and restrictions and increased Us expenditures for its armed forces. What an unresponsive and arrogant attitude; 39. The SelJurity Council has before it two interim reports from the Special Committee on the Policies of apartheid of the Govermnellt of the Republic of South Africa, dated 9 May 1963 and 16 July 1963. These reports, which were prepared in pursuance of General Assembly resolution 1761 (XVII), describe in sorne detai! the response of the Government of the Republic of South Africa tô theresolution, the continued pursuit of the policy of apartheid and the repressive measures which the South African Govérn- 40. Let us briefly examine the developments in the Republic of South Africa which gave rise to the action which the General Assembly has taken. When, after the election of 1948 and 1953, the Nationalist Party was victorious. one of its first acts was the statutory introduction of the Separate Representation of Voters Act. This act was designed to deal with the Non- Europeans who had been entitled by law to vote and xun for elected offices. By this statute their right to vote was flagrantly abrogated and, instead, a limited form of indirect parliamentary representation was substituted. They could only elect European members to the House of Assembly to represent black men who are in the great majority. Even this very obscure and limited right was taken away in 1959. 41. A long constitutional struggle ensued. South Africa's own courts declared that this Act was unconstitutionaL A resolution was adopted by the majority of the members of the JohannesburgBar against this statute. Despite these facts, the Parliament enacted the statute and since then more than twelve million Africans have been denied the privilege and right of having minority African representation, which they had previously enjoyed in t.l1e Parliament. 42. There was then a succession of Group Areas Acts enacted by the Parliament. These acts made certain zones either exclusively European or exclusively non-European. This meant that areas which had for years been occupied by non-Europeans. for instance. in certain suburbs of Johannesb;n-g and elsewhere, would hereafter be reserved as exclusive European areas. Africans were thereby forced to leave. 43. The Parliament then passed another act, The Public Safety Act which; in effect, gave the Government the power to overrule any Act of Parliament which it may decide to be oontrary to its wishes. This we assume was to negate and abrogate any law which a liberal Parliament might in the future pass. Still another Act,· the Prohibition of Mixed Marriages Act, made illegal any marriage between Europeans and non-Europeans. Next came the Immorality Act, which forbade intercourse between Europeans and non- Europeans, thereby separating fathers and mothers whose marriages had previously been legal, butwhich were declared illegal under the Prohibition of Mixed Marriages Act. The Criminal Law Act imposed a punishment for an offence "committed by way of protest of any campaign for the repeal ()r modification of any law". 44. Until the 'Nationalist Party came to power, many of the schools inSouthAfrica had been Church schools, though they were supported by grants from the Government. Under the Bantu Education Act, the new Government proposed to withdraw grants from schools ùuless the churches agreed to restrict the education vvhich. thèy had. provided in their schools for non- 46. In addition to the acts which I have enumerated, the South African Government passed another law, the General Law Amendment Act of 1962, which was specifically designed to coyer sabotage. This act is so aU-embracing that virtuaUy any offence can be styled as sabotage. The accused must prove his innocence by showing that his offence wasnotcalculated or intended to produce the long list of effects which the act specifies, including the furtherance of any aim which was intended to achieve a change in the social or political policy of the Republic. Any person convicted is subject to the maximum penalty of death and a minumum penalty of five years împrisonment. 1 must mention also that this act has maàe trial by jury unnecessary and the trial may in fact be without preparatory examination.Juveniles under the age of nineteen who are convicted of this offence are sur-ject to the same penalties as adults. 47. As if this were not inhumane enough, there was also another General Amendment Act, adopted in 1963, which enlarged the power of the Government in dealing with organized resistance and alleged sabotage by the Bantu population. 48. 1 should like to state briefly what is covered in this new Act. It increased the administrative powers of certain public officiaIs, such as, for instance, the Minister of Justice. If the Minister believes that any persan serving a sentence of imprisonment imposed under aU those acts to which Ihavereferred, is likely to advocate, defend or encourage the achievement of any of the objectives of communism, he can prohibit such a person from absenting himself, after serving such sentence, from a prison or any other place as directed for a stated period. While these 1ncredible provisions will lapse on 30 June 1964, their operation may be extènded by resolution of Parliament. 49. Before the bill was voted upon in theSouth African Parliament, the International Commission of Jurists issued a staternent condemning theBill. Its Secretary- General, Sir Leslie Munro, had previously sent a message to Mr. Verwoerd, and I should like to quote part of that message: "As Secretary-General of the International Commission of Jurists 1 have studied the reports of the debates· in the Legislature ... The Bill ... prescribes penaltie~ of extraordinary severity, includ- 50. Detailed analyses of these and other acts and the manner in which they are being applied to non- Europeans in South Africa would take up much more time than this Conncil could spare, but there is much literature on this and 1 do recommend it to members for perusal in order that they may be fully aware of the harshness and cruelty of the effects of these acts on the non-European populations. 51. Clearly then, the purpose of such vicious, deliberate and uncivilized behaviour, finding no parallel in the action of any other country on this globe, is to curb and control the social, economic and cultural llie of the black population. The South African Government has. sought ta deny the black people any individual freedom. These acts launched today against black men are bound to affect aU humanity li groups in power in individual countries are permitted to adopt them and to escape world censure for such barbarie, inhumane and ungodly practices. 52. The bright rays of light which the United Nati.ons is trying to cast upon the human family are being rejected and deflected by these inhumane acts of the South African Government. 53. During the latter part of June, a lady member of the South African Parliament, Mrs. Helen G. Suzman, revealed, quite to the displeasure of the South African Government, that there are over 67,000 prisoners in jail in that country, most of whom are Africans, old people as weIl as young, and men as weIl as women. This is an unprecedentedprisonpopulation and it casts still another dim and gloomy reflection on that Government. 54. An article in The New York Times revealed that even the South African Commissioner of Prisons himself has described this figure as "an aU-time record". What a price to pay inthename of apartheid. What a crime against humanity. 55. Let us now take a brief but serious glance at the economicpicture of South Africa. We see, first of aIl, that the industries for the production of gold, uranium and diamonds, as weIl as other industries, provide the major economic vitality for that country. It is correct to assume and conclude that the success of this category of economic activity greatly assists in the success of its agricultural endeavours. 56. Secondly, it is of interest to note that the flow of capital from external sources is about $2,000 million and its overseas investments are valued much beyond the above quoted figure. 57. Thirdly, this economic thrust· which the industries of South Africa have received over the years from abroad has, in fact, made it an economic power. Part of this external capital has come from the United Kingdom, the United States of America, France, Ger- 59. It would seem to appear that certain Powers which, on the one hand, espouse unswerving commitment and loyalty to the principles and purposes of the United Nations Charter and the Universal Declaration of Human Rights, and on the other hand, offer their friendship and co-operationto the AfricanStates, are vendors of arms to the Government of South Africa, whose very policy is bent on the systematic destruction of what the United Nations and its Member Governments stand for. 60. We are verydEeplydisturbedbytheextraordinary build-up apparent expansion of the military and police forces of the Government of South Africa which, we must assume, are designed to crush by brutal means the inherent rights of the Africans. We should have hoped that the great Powers would not only have spoken out unequivocally about this unwarranted and unprovoked development, but also taken measures which might have prevented the disastrous trend developing in South Africa. 61, It is to be remembered that it was British-built "Saracen" armoured cars which were used by the police and paramilitary forces of South Africa in the Sharpeville massacre of March 1960, and it is reported that the training of present South African paratroopers was carried out with British help. 62. Ml.'. Fouché, Minister of Defence of the South African Government, has recently revealect that South Africa will expand its forces to include 60,000 men .in addition to its 26,000 police.force, and that, by the end of 1963, there will be 209 combat units available. 63. In August 1962, the South African Government is reported to have purchased "Mirage" jet fighters, "Fonza" aircraft and medium tanks from France. 64. New factories for the manufacture of explosives have been built by Imperial Chemical Industries, a British company, and the De Beers organization. These factories are designed to produce rifles, automatie weapons, mortars,atnmunitionfor small-arms, pombs for aircraft and shells. 65. We are told that the Government of South Africa possesses Lockheed "Hercules" transport planes. The Lockheed aircraft are manufactured in the United States of America by an American company. These planes are specially designed to transport troops over long distances for military purposes. 67. These abnormal expenditures may facilitate acquisition of the most modern weapons, such as naval vessels, military vehicJ.es, rockets and automatic rliles. It is to be assumed quite naturally that the purchase of this equipment will continue to be madefrom countries which specialize in their production and which, as in the past, have been willing to sell them. It is to be noted that some of these self-same countries are advocates of the cessation of the arms race and the cessation of the production of weapons and have often declared their abhorrence of military build-ups. It is reported that South Africa is capable of mobilizing 250,000 menatshortnoticeforits armed forces. It surely must occur to anyone that tliese excessive military acquisitions cannot possibly pe justliied on grounds of military security. Indeed. they far exceed the defence needs of ~~t Qountry. 68. We are therefore asking the United Nations Security Council to examine this matter most care- Îully and to take some bold butnecessary steps before this situation deteriorates to a point where the entire world might be threatened. 69. Let us now examine the attitude of certain Governments which are engaged in the sale of arms to South Africa. 70. A certain European newspaper had this to say: "We must not say rude things abouttheSouth Africans, however heartily we may detest their policy, for fear that our trade with them may suffer." And then a most frighteningand absolutely ·incomprehensible sentence followed: "And we mustnot think twice about sending them arms, jor withbolding these might cause unemployment in' our airêraft industry." Statements to this effect werealleged to have been uttered recently in the British House·of Commens. 71. Here we see unmasked the pretentions and professions of wanting to end the arms race. Here we see exposed all the sincere desire to preserve civilization and the Christian doctrine: "Thoushalt not kill", "Thou shalt love thy neighbour as thyself". What a paradox. At this juncture. l think the words of Chief Luthuli are prophetie. He said: "Do not think we will be deceived by your pious protestations as long as you are prepared to condone, assist and actively support the tyranny in our land. The test is your stand on the principle: no arms for South Airica." 72. Our respective Governments are inclined to believe that these excessive military build-ups, these vast financial expenditures for the procurement of 73. The military appropriations and the purchases of arms are far in excess ofthe defence requirements of South Africa. It must therefore be concluded that these arms are intended to he used for other military objectives, falling outsidethe territory ofSouthAfrica. This is therefore a threat to the peace and security of neighbouring African States. 74. Our respective Governments are asking the Security Council, the agency primarily responsible for the maintenance of peace and security and for determining threats to the peace, to all upon Member States, especially those engaged in the trade of weapons with the Government of South Africa, to honour their commitments reached last autumn, when the General Assembly passed a resolution 1761 (XVII) in which it asked for the severance of diplomatie relations with South Africa, the closing of ports to aIl vessels flying the South Africanflag, theboycotting of South AfriCan goods and the refusaI to export goods to South Africa. 75. It has been argued by some of the so-called friends of Africa that to comply with the resolution would, in reality, bring suffering to the Bantus of South Africa. Let me again quote Chief Luthuli on this point. In the Chief' s passionate plea to British workers, he said: "Urge that you and your Government be not deterred from any action by the excuse often advanced by our oppressors that boycotts and sanctions will bring to us blacks more suffering than tothe whites. We are committed to sufferings that will lead us to freedom-as it has been the lot of aIl oppressed people before us from time immemorial." 76. You have the responsibility to take collective ineasures in conformity with the Charter. We are certain that aIl Member States will give the United Nations every assistance and will refrain from giving assistance to South Africa. The proof of this lies in the overwhelming votes which Member States gave in the General Assembly to the many resolutions on the matter which is now before you. 77. If you realize that all over the world people who are denied fundamental rights are impatient with gradualism, you may be able to imagine the feelings and,reactions of the non-European population in South Africa to situations in which they have beenfrustrated to such a point that they have 10st hope of peaceful change. They are willing to shed blood to ensure that their chains are unshackled or broken. 78. We are notexaggerating when we say that the hopes for a peaceful settlement of a bitter race conflict in South Africa are dwindling; that there is not much time left to avoid disorder and bloodshed; and that the situation in South Africa is as potentially 80. As danger invites rescue. we implore you to take the requisite action which will relieve suffering, ensure justice and preserve peace. Resolution 1761 (XVII) of the General Assembly offers you a good beginn.ing. AH mankind awaits your action.