S/PV.1074 Security Council

In accordance with the decision taken at OU:f ,last meeting, 1 propose to invite the representatives ofIndia, Liberia, Madagascar. Tunisia and Sierra Leone to take places'at the Council table. A t the invitation of the President, Mrs. V. L. Pandit (India), 'Mr. R. Grimes (Libe,ria), Mr. L. Rakotomala1a (Madagascar), Mr. Mongi Slim (Tunisia) and Mr. J. Karefa-Smart (Sierra Leone) took places at the Security Council table.

The 8ecurity Council. has reconvened at the instànce of thirty-two indépendent States of Africa ta discuss the :report of the8ecr~etary-General and to consider furt~er measures to be taken ta unravel the Gordian knot of· apartheid. As we·meet here to discuss· racial discrimination and racial segregation. my de~egation cannat but express at the outset our deep sorrow at me passingof the late great President Kennedy. How can '\Va forget his heroic '. and relentless efforts ta find an effective and abiding solution ta the question of raciaJ discrimination in the Uôited states? 3. It was those efforts of the late PresidentKennedy. pursued in Lincolnian style. which were highlighted in the tribute pâid by Osagyefo Dr. Kwame Nkrumah. m.y President•. to the memory of the late President. The President of Ghana said last Monday that: "We in Africa will remember him above aIl for his uncompr()mising stand against racial and religious bigotry. intolerance and injustice. His c()ûrâge and steadfastness ln pursuing the ()bjectives of racial equality in his own countryw1ll always rem.ain ashis ·greatest 'contribution ta the struggle aga:l,nst racialisrnand racial arrogance. His singleness of 4. 1 have invoked the spirit of John F. Kennedy because my delegation believes that this Council should demonstrate the Kennedy singleness of purpose and firm resolution in order to solve the question of apartheid. For it is becoming increasingly evident that the Government of South Africa is insensitive to the gentle and peaceful pressures wh1ch have been brought to bear on it to abandonits apartheid pollcies. On the contrary. recent events in South Africa give us ominous hints of what the future developments in that unhappy country might be. The Government of South Africa, with a stubbornness that defies aU description, is steadily shaping its course toward an inevitable tragedy which can only be averted·by a total reversaI of its present brutal and unreaUstic racial policies. 5. The Secretary-General was given a mandate by this Council in its resolution of 7 August 1963,!I to ascertain from the Government of the Republic of South Africa the steps it has taken to comply with ope: 'ative paragraph " of that resolution which: "Calls .upon the Government of South Africa to abandon the policies of apartheid aI].ddiscrimination as called for in the Security Council resolutfon of 1 April 1960, and to Uberate aIlpersons imprisoned, interned or subjected tootherrestrictionsforhaving opposed the policy of apartheid." 6. Then, the Secretary-General· has .drawn the attention of aIl Member States to operative paragraph 3 of the resolution and has. requested information on steps already taken or contemplated "to ce~se forthwit'h the sale and shipment of arms, ammunition of aU types and military vehicles to South Africa". 7. The reply .of the Government of South Africa, containedin the report of the secretary-General [S/5438], d06!5 not reveal any departure from the usual Une of argument pursued bl" that Government. The main arguments cif the South African Government oan be briefly summarized as follows: 8. Il'a qui Membre. doncuntl 8. First, that the United Nations has no. right to discuss. or consider any matter falling within the domestic jurisdiction of a Member State. :r'herefo!'eJ, the resolution of 7August 1963 is a violation of Article 2 (7) of the Charter. d~ 9. nacéaucunEtat. sud-africain, rieure d' 10 dl qui légitime année, 9. Second, that South Africa hae; never threatened any State. On.thecontrary, according to the Government of SouthAfrica, the recent change oUts. internaI pollcies is due to the threats posed bythe independent African statesto its security. '10.. Third,' that the imposition of anarmsembargo ls contrary to the spiritof Article 51 which recognizes tlleright of Member States to individùal or collective self-defence. '. !/Officlal Records 0' the SecurityCouncil. Eighteenth Year. Supplement 'or July. August and Se,.Etember 1963. document 5/5386. 0"'" 20 November where it is stated: "It needs great faith in human capacity to turn from a collision course to believe that the South Afrtcan GG:~rnment might even now consider an alternative to Us present poUcy•••• If South Africa does not doso shefaces, in the long run, incalculable troubles and, mo:re immedïately, a trial of strength with the United Nations." 13. As regards South Africa's persistent resort to the principle of domestic jurisdiction, it must have been crystal cleàr to that racist Government that ifs juridical .posUion is untenable. The systematic destruction of the values of man and the constant repression of 13 million people byforce ofarms because of the. colour of their skin cannot be regarded as a matteressentiallY falling within the domestic jurisdiction of South Africa or, for that matter, of any state. Of course, as was eloquentlystated by the Sécretaryof State of Liberia [1073rd meeting], the South· Afri~an pleahas been quashed effectually in aIlorgans ofthê United Nations. 14. ...South. Africais .determined ta pursue its poUcy .. of àefiance. Its reaction to the COUDcil's appeal for the release of aIl politic~l prisoners and detainees luis. beenthe recent trial of eleven persons accused ofplottlng. ta overtQrow the Government and the first e'Xecutions,under the General Law Amendment Act, ofthrèe persons for sabotage inPretoriaon1 November....barely tliree months after the adoption by the Coliricil of its resolution of 7 August. 15., .. Tbere. have also been disquieting allegations of police brutalities and tortures in jail, as revealed by eleven. detainees recently released from the Pretoria Celltral. Prison. A. prominent Sotlth African barrister, Dr• George Lowen, Queen's Counsel, is reported to have complained recently abcrdt the "curtain of silence" which bangs over pol1tical prisoners held under the General Law Amen~ent Act of 1963. 16.With caUous,indifference, the Government of ~th Africa ls fast pushing ahead viiththe creation of 'theso-c,alled bantu.stans, and elections in the Transkei were·· hèld a weekago for the election of 45member§lt() a legislativeassembly of 109. where 64seats willbe reservedfor paramount chiefs and othertribalru1ers.·Séction lIT of Part II of the report ofthe Special Gommittèeon the. Policies of Apartheid VllJid,Ei teenth Year,SlI lement for Oe:to~r. November and Decel'lilier 1 • document SIS4 • 17. a New "South Africa thus has conceived the Bantustan program as a final refinement of her policy of apartheid. or "apartness". which decrees that the country's 3.2 million whites must be separated racially and physically from its 13.8 millionE :lntus. Asians and "colol'eds"... Bantustans take that policyone step further by stipulatingthat separation must also be geographic." We must say here with aIl the force lit our command that South Africa should not beat about the bush. Africans demand equality of rights and they categorically reject the impudent creation of bantustans. Nous que Africains absolument 18. The concern whichAfrican-Asian andother States have expl'essed over the recent development is enhanced by the fact that every move made by the South African Government is backed by police ormilitary force. My delegation has no doubt that South Africa has resorted to an unprecedented arms build-up in arder to be able to maintain its stranglehold on the non-white population of South Africa. But in this terrific accumulation of arms of all kinds lies the danger to peace and security. It is this danger which i8 the clarion caU raUying aU African States and. for that matter. other States. outside Africa. especially the Asian States. 18. africano-asiatiqueset de que s'appui13 convaincue un tenir du de et liement d'autres 19. In our view. the plausible arguments employed bY the Gowrnmentof SouthAfrica to justifyits defence expenditure do not hold water. They are calculated to .obscure the real issues. Instead of giving the 1962 defence costs of South Africa as equivalerit to 3.77 pel' cent of the total national output. the South African Government would have done weIl to state the cost as a proportion of the 1962 budget e.stimates~ It is. less than candid to try to' play down the fact that South Africaspends $219 million annually on arms and that 3 million people in that country. nearly aU of them Whites. own 2 million firearms. The situation is further aggravated by the report whÙ:;n àppeared in The Times of London of 28 October 1963 that South Africa is going to set up a rocke't research înstitute near Pretoria to develop ground··to-air guided mi.s.,;. siles. Professor L. J. le Roux. V:ice-President of the. Council for Scientific and Industrial Research. in making that announcement. explained: "The Republic has been forced by events in .Airica to enter the missile field". 19. GOuvernement de de les senté sud-africain dépenses C'est fler de de blancs est de du cherches. des velle, Qonseil donné l'explication.sulvante: que. domaiIle 20 raciale qui nêtesgens l'accord 20. These are the stark realities of thernalevolent racial polic'iles of the South African Government fbr which aU èiecent-minded people everywhere have expressed unqu~ltfiedabhorrence and contempt. On that score there is ·little &sagreement. . 2lDocuDlEmts. sion, y Official .Records of the General Assembly, Eighteenth. Session, Annexes,addendum taagenda item 30 (AJ5497 and Add.l). 22•. No African leader has' said that the European settlers in South Africahave no place there. We know that some have lived in that part of Africa for many. many years; but. Just because they have lived on our continent for generations. that does not grant themthe right to suppress the black majority. When normalcy has bèen restQred and aU humanbeings in South Africa enjoy ,equàl rights. Africans, 1 am sure. wnl not retaliate. As Mr. Nkrumah once said: "Africa does not seek vengeance;it isagainst her very nature to harbour malice". Therefore European settlers in Africa have. a right to stay provided they do not arrogate to themselves any divine rights to rule the majority through thick and thin. in contravention' of aH the principles of jUl;tioe and of human rights, 23. The second part of the Secretary-General's report [S/5438] testifies to the wide nieaslire of co-operationby the majority of Member states in enforCing an arms embargo against South Africa. although certain big Pdwers are displaying a disconcerting ambivalence in their, approach to the problem of apartheid. They have no difficulty whatsoever~.fncondemning apartheid. but when it comes to the application of concrete measures to eradicate thi.s cancer their words are seldom matched by a will toact. 24. .Tocombat apartheid. there mustbe a two-pronged âttack: namely. pressure· from within and pressure frorilwithout. InternaI pressures can be applied thrpugh normalpolitical action. but the fact remains thaJ.any internaI pressures are crushed brutally by reprisaIs. including the use of brute·force. Opposition tOll.parlheidfromamong the South African white electorate is ineffective; thus obnoxious bills are rushedthrQUgh Parliament. with virtually no debate or ()pposition. The white popula.tion hasbecome so frightened bythe. present rêglIlle and its constant deception .that lt will Dot support any government whiC:hcould attempt toreverse the current trend towli,rds increased oppression of the non-whites throug:hapartheid. 25. On, the ·other hand. the Africanand. coloured populations. dil.'ectly affecte!i by· the.apartheid laws have been.deprived of all political rights which 'N'ould enlîble tlleIllto fightf()r. their privileges .. through nOl':Illal'eonstitutionlil processes. However.·that has 26. The time has come for thefriendsofSouth Africa to take decisive action in bringing about a solution to this problem. In the view of my delegation. the United Kingdom and the United States could jointly or separately prevail upon the racist Government of South Africa to abandon its path to certaindestructi6n in the determined pursUit of white supremacy. My delegation has referred to the United Kingdom and the United States, not ooly because their dealings with South Africa go a long way to sustain and buttress the South African racist Government but also because these two States have the power and the effective means to bring the policies of apartheid to an effective end. The United Kingdolll alone has investments in South Africa which amount to more than $3,000 million, while the United States investments are far above $200 million, nottomentionthe millions of dollars given as aid to that racist country. 27. As Mr. Patrick Duncan, a South African, wrote in the October issue of Foreign Affairs in regard to foreign investments in South Africa: nIt is true that investors have a concern for the country in which they have substantial economic interests, but understandably this concern is primarily to maintain the status q1.!0. to avoid change which may adversely affect the climate for doing business. Moreover, each dollar that moves. into the South African currency controlareais, in effect, a vote of confidence in the system, and builds currency reserves which are being built upformilitary expenditure against the coming storm. Thus in- 'vestment strengthens apartheid today and imperils the whole private-enterprise system tomol'row-for the African majority, when it votes. will vote against all who did business with apartheid•.• By trading and investing in South Africa businessmen stand to win a substantial (but brief) return at the cost of losing their whole position in li. rapidly developing market of 250 million peoplen...that is, in Africa. 28. Apart from these investments, there are aIl kinds of exchanges between the United Kingdomand the United states on the one hand and South Africa on the other in the economic and social fields which give a lot of.respectability .to the South African Govern.., ment. Therefore, in my delegation's opinion, if the United Kingdom and the United States would reduce the status of their embassies in South Africa to that of legations as a measure of their disapprovalof apartheid, if they would cut down within six months 28. ges et d'autre Gouvernement donc le celui de en 29. What most opponents of sanctions forget is that sanctions constitute an alternative to the use of force which they will be the first to deprecate. In spite of official opposition to sanctions in~everal countries, thére is a growing tendencytowards spontaneous trade unions boycotts in the United Kingdom and in Scandinavian countries. This is a welcome development. 30. The extension of this concept of trade boycott to the blockade of oil and petroleum exports to South Africa has been given expressioninGeneral Assembly resolution 1899 (XVID) recently passed on South West Africa. It ls widely feIt that with the support of all Member States, this will be an effective means of compelling the Government of South Africa to abandon its pollcies of apartheid. In any event, it is our feeling that control1ed intervention under the aegis of the United Nations will achieve the desired resuIts. 31. Of the several proposals being made to bring about a solution of apartheid, there is the partition solution, the' details of which were given by a columnist in The ObserverofLondonon 22September of this year. This is a plan ta partition South Africa between two completely independent States, one largely white, the other largely black, both of which would be Members of the United Nations. Without going into any further details, 1 should ·state categoricallythatGhana rejects this visionary, àbominable and unrealistic proposaI whi,ch will only tend to crystallize and perpetuate the hateful policy of apartheid. Let no man advance this idea at aIl. It is at once unworkable, suicidal,dangerous and iniquitous. 32. 1 shall now turn to the proposaIs recently -put forward by the Nordic countries, whose initiative deserves praise. They are, to quote Ambassador Lallnung, concerned because they "look with grave concerntowards the future. We"-that is, the Nordic countries-"think that apartheid -is a threat to peace in the southern part of Africa, and we fear that from thismay some day arise abroaderthreatto the international peace of the world". According to The Times of Londcn of 20 November, this initiative "isdesigned to strengthen the hands of the more realistic South Africans by laying down that under any compromise Ieading to multi-racial government-the whites should be given international guarantees for their security, property and fair share in government". 33. The total. rejection by.the white South African Nationalist·-parry.=whtelr is the ruling party, of a multi racialgovernment does not provide any basis for an examination and possible discussion of thi_s proposaI. What is more, if any guarantees are to be given, it is the African andcoloured population which deserve to receive guarantees. against gross abuse of their Inherent basic r.ights. The issueis the need to establish justice for the Africans and the non-white 34. What.then remains to be done by the Council? It is the view of my delegation that in operative paragraph 3 of the resolution of 7 August the Council has undertaken a preventive action against South Africa by solemnly calling upon aIl States to cease forthwith the sale and shipment of arms, ammunition of aIl types and militaI'y vehicles to South Africa. This is an. acknowledgement of the existence of a situation that can threaten international peace. 35. The arms build-up in South Africa and the suppression of the African population-the non-wlîite population-the steady stream of refugees to the High Commission Territories and the protests by the South African authorities that these territories are being used as nests of subversion, theinvolvement of the independent African States since the Addis Ababa Conference, a11 these have created a situation of potential explosion. There is no doubt that tension in South Africa is steadily mounting to an alarming degree. A threat to the peace need not always take the form of armed conflict, but once a situation contains aIl the ingredients of strife,it can be construed as a threat to international peace and the Council must take appropriate action. . 36. The delegation of Ghana, therefore, submits that since South Africa has nat made any concrete move ta correct the situation which led to the Security Council action in adopting its resolution of 7 August it should invoke Article 5 of the Charter so that South Africa "may be suspended from the exercise of the rights and privileges of membership by the General Assembly". Such action by the Council is juridically tenable since by the total embargo on arms shipment ta South Africa the Security Council has, in effect. taken a preventive action against South Africa. Article 5 reads: - "A Member of the United Nations against which preventive· or enforcement action has been taken by the Security Council may be stlspended from the exercise of the rights and privileges of membershiJ;> by the General Assembly upon the recommendation of the Security Council. The exercise oftheserights and privileges may be restored by the Security Council." 37. This i3 the only way to deal with a Member Stare which continues to disregard its obligations to the principles and purposes of the Charter of the brganization and sets no store by its recommen.da.tfons. We are. fu11yaware that tbis step will not necessarily speed up overnight the solution of the problem of apartheId; neither is it designed to bring about the downfal1 of the South African Government. perhaps, .bya suspension from the world community, the leaders of. South Africa and the. whiteminority will undergo a change of heart which will eventually lead to the adoption of a more humane andrealistic racial policy. 40. My adversary in that debate was the then Prime Minister of South Africa, the late Field Marshal Smuts, who raised, the plea of domestic jurisdiction under Article 2 (7) of the Charter. After prolonged discussion, the plea of domesticjurisdiction was rejected and a mild resolution adopted, but a chink in South Africa's armour had been made. The name of Field Marshal Smuts is, as we aU know, closely associated with the Charter of this Organization. A year earlier, in 1945, at San Francisco he had suggeste.d that the Charter should contain in its Preamble a declaration of human rights and of the common faith that had sustained.the Allied peoples in theïr prolonged struggle against the Hitlerite régime, and he went on to say: "Let us, in this new Charter of humanity, give expression to this faith in us, and thus proclaim to the world and to posterity that this was not a mere brute struggle of force" [between the nations].~ In this statement we have an appeal, an eloqtient appeal, on behalf of the Charter which puts at l'est any doubt that the question of the racial policies of the Government of South Africa is not covered by the Charter as a matter of domestic jurisdiction and makes clear that this is, rather, a basic issue for those who accepted the Charter and its obligations. The Charter clearly speaks in its Preamble of "the equal rights of men and women and of nations large and small". It does not simply say "the equal rights of nations large and smaU"; it speaks of "men and women". And this is exactly what apartheid deals with: men and women. 41. At that time, the delegation of India was accused of "prosecuting a vendetta", and wild allegations were made against us. It was said by SouthAfrican spokes- 11 Ibid•• First Session (Part Il), Joint Committee of the First and Sixth Committees, lst meeting. §! United Nations Conference on Intez:national Organization, Doc. 55, P/13. 42. The struggle for racial eqùality in South Aftica isassociated with thé name. of Mahatma Gandhi. and India had come at that time to the United Nations in a spirit -of humility. We were and are éonscious of .our shortcomings. our fallures. We are in no position to condemn. But. like other sister nations. we beliêve that there is a moral law which must be recognized and obeyed if mankind is to continue its onward march towards a brave new world. Because of ihis belief. our Government seeks to implement the promise of justice and equality enshI'ined in an democraticcon,.. stitutions lnto the life of every citizen. The pace maY sometimes beslower than we would wish but. nevertheless. we move on and sttive for the elimination of .discrimination and the breakinr; down of allartificial barriers which separate men from each other. The Government of the Republicof South Aftica'has. on the contrary. made a virtueofitsbrutal and senseless polfcies and seeks to justify them. 43. We believe that apartheid is bad<not only for those who are its.victimsbutalsoforthos.e who preach and practise it. No group ofhumanbeings cano for any length of time. act unjustlyand inhum,anly toward their fellows without disastrousconsequences to themselves. The humari spirit is destroyedand the mind that Can produce such a concept has reverted to the law of the jungle. 44. In flagrant disregard of the Charter. to' which Southl\frica subscribes. and of world opinion. the Governrnent of the Republic goes froIl1 one hideous act to another. Gradually a climatels>being created !ri which, the growing hate and frustration willlead. inevitably. to viole:2,ce and. who. knows.even war. For years IIllUly of us have repeated the warning that there can be no double standards in' the wQrld.?reedom and justice must have the Same meaning for aH men and women or the values by which decent people live; _and. indeed. civilizatiQn itselfstaIldin jeopardy. What use is it for uS to talk of.one wOl'ld. tosPeak aboutfreedom from want andfromfear if.side by side. we contribute. actively or by oursilent acquiescence. to the building up of.a situation which must erupt and. erupting. lead to hOl'rible conSequences. . 45. Many things are· important to human beings. Freedom islmportant; secuI'ity is important; food is important; butnothing....nothlng....cll.n take the place of the. feeling of equality between m.anand· mailwhich must exist if the world ls tosurvive in peace.To this· end we must lend aIl our energyand<ôur·efforts. While thesmallest <shadow~of discrimination remaiIis betweenpeopleon groundsofrace and colour. other beneflts .will be meaninglessfor ~Ilelsestemsfrom this feeling. of oneness. theknowledge tbat we are equal. and are <equally •.entitled to .all the .rights and privileges which man has made possible for man. There can be no compromise with hC:>Dour. With justice or with the dignity of the individual.Ifthesearenot willinglyextendéd. they willbet~en bY· the onlY 46. For seventeen years now, the United Nations has addressed itself to. this most appalling problem and yetthe challenging question of racial discrImination, raciaL segregation and racial domination has not been solved. Resolutions· adopted by the General Assembly and the 8ecurity Councilhave gone unheeded bySouth Africa. Ropeful beginnings have been made in the realrn of disarmament·and world.peace. Decolonization has made marked progress except in certalnparts of Africa, and the changed composition of this Organization is a testimony ta the rewarding achievements in that field. In the sphere of economic rehabilitation,. right policies are being carried out. Onlyin .the case of South Afnca has apartheid led ta deterioration. of the situation. It needs no prophet tC)point ou~ that catastrophe Is Just arpund the corner in South Africa. 47. As the Prime Minister of Canada stated in the General Assembly' afew weeksago, §J it has becom.e possible· for man to communicate with a missile or a 'planet millions of milesaway, but it i8 stil1not possible for us to communicate·witheach other on thissmallplanet of. ours. The United Nations has made every possible endeavourduring thèse seventeen year.s to carry on a dialogUe with the Government of South Africa. We have appealed, requested and implored the Governmentof South Africa to put an end t() its apartheid POlicies, but' to no avall. From one rilurcierous .o/I'lUUlY to another, that Government.has g()ne. o.ndenying freed0ni, suffocating Justice ap.d pel1letuating'racism of theworst kind.One lawless law .afteranother is enactedand b:ravesons of South Afnes."like Nelson Mandela, Walter Si~ulu and Ahmed Kat\ù'ada. to name tmly a few. are condemm~dtolong term.s of iIIlprisonment and solitaryconfinement for c:iaring .. to askthat the Ideals of the . Chartèi' of the Ifnitec:iNation.s be pupnto practice in South Africa. 48•.•Inthat cotUltry, to ·ask·for racialeq,uality, justice, freedom'andhumanrights is to commit sabotage, .and therninimurtl penalty underthe SabetageAct is five .year~· imprisonment; the maximum· penalty is death, even .'. forajuvenile. Some· havegone •to··thegal10ws durtngthecurrent session'of the Assembly.. The still small.·voicesofreason ar.efighting·a losins blittle iti§o'Uth AfI1ca ~c:izea19tsof racismgainst~ength aIlds~pl'emacy.there•. The··ceIltralproblem haçlbeen statedinunambiguolls térms' by.Mr•. Strijelom in Aprir •.19&5 when ·he. ··stated: ··"The' only way.the•• Eùl'o" pearJ'!'tcan. IIlailltain theirsupreIIlacy isby' domina- >.,:,/"........ . ' . . . .21..se~OfficialRecords 'of ~l)ec:;enE!ral AsselIlb1y. Éigh~eenth;Ses,. ,sion,Pleriary Mellti/;tgs•.1208th mlllltîng. '.. 49. That is the brutal mandatewhichthe SouthAfrican racists have awardedthemselves. They are determined to convert that land into a valley of death. The comparison with Nazi Germany is inescapable. To destroy the house that Hitler built, a terrible world wax had to be fought. Must another war be fought before South Africa mends its ways? No glimmer of hope seems 10 come from South Africa and that Government has set its face in opposition to the demands made by this Organization for the abandonment of its polïcies of apartheid, and has manifestedopenhostilitytowards the United Nations and its decisions. 50. The South African racists have made wild claims about the achievements made in the country by their Government. Let us pause for a moment to examine the facts. One of the most striking features of the South African racial policies is the multitude of arrests and convictions under the numerous laws and regulations which restrict the' freedom of movement and residence oi the people, whether they be African, Indian, coloured or white. The absurd and inhuman lengths to which the separation of human beings is carried are vividty describedby a Reuter dispatch from Johannesburg dated 21 November 1963, and 1 quote from that dispatch: . "The wife of a leading Indian businessman here will not be able to talk· to he:r husband in futureunless special permission is granted. This follows five ban orders served on the couple here yesterday under the Suppression of Communism Act. Nil'. Yusuf Cachalia, an Indian businessman, was served with two orders and his wife Amina with three. A clause in one of Mrs. Cachalia'sforbidshertocommunicate with any banned person, so it means that she will have to apply for perIl!1ission to talkto her husband. Mr. Cachalia, who has a wholeslile business here, is a former Joint Secretary of the. South African Indian Congress, Vice-President of. the.Transvaal Indian Congress and Joint Secretary of the National Council of the Transvaallndian Congressand the banned African NationalCongress. Under the terms of the Act, neither .Mr.Cachalia· nor his wife is allowed to attend any social orpolitical gatherings. Ml'. Cachalia has 1'0 report to the policeevery day, apart from SUndays and public holidays, while his wife has to report weekly. She lS also cnnfined to the Johannesburg àrea for the nextfiveyears." 51. Another document was banded. to me a moment ago, ançl 1 s.houl<ilike,with your p,::rmission, to read froIn it.lt is isstie4 by the International Commission of JUrlsts and reads as foll()ws: . "On Thursday, 170ctober 1963, the International Commission of Jurists.dispatchedthe foliowingtele.. grwrn .10 .the Minister of Justice andthe Mintster of Foreign Affairs of the Republic of southM~ica: "'Onbehalfofthe IÎ1ternationalCornmîssion 'of Jurists .' 1 request permission for anobs.erverto Mr. Vivian Bose is a re~red judge of the Supreme Court of India. "The following reply was received from Mr. Eric Lauw, Minister of Foreign Affairs, and it is understood that the Government of South Africa released it ta the Press: "'Your request has been submitted to the Minister of Justice who replies as follows "I am surprised that you now request permission for observer to visit South Africa for purpose of observing trial on October 29. In the past you sent so-called observers on a number of occasions without requesting permission. These observers did noi: show elementary courtesy of paylng their respects ta South African Bar Council and to othe;!' authorities. Your ,request Is tantamount ta a suggf~stion that the trial will not be a fair one and appears to be motivated by the recent resolution of the United Nations. Our courts are at all times open to everyone and our system of justice and our independent judiciary comparable with best in the world. Consider your request as an affront to our system of justice our bench and bar. 1 am not interested in the name, of your observer nor will 1 afford him official recognition or special facilities should you decide ta send one." 53.What can.the United Nations do in sucl1 a situatiOIl? We arj;l entirely infavourofpersuasion,moderationand, negotiation.However" aIl these' methods have been "tried, and there has been throughout these seventeellyearS no l,'esponSe> of any kind from the GoverpmenLof, So~thAfrica.< MYclelegat~on would De~ à lui-même, par exercer l observer de sement nuent du tence fourn~t de tionale. se du Sud. est cères, à mis 54. tants pement' où l'Afrique commerciales avec tout du continuent échanges connal"tre du La renforcé frénétiquement total armées au lateur spectaculaire la quadriennale,elles Contre ces Cet à luttent premier Semer la moyen d'appliqUer que c l'exemple. qui~ommercent 54. We are a country of some 450 !l'..illion people and in our present state of economic development we need all the trade that is available anywhere but we refuse to trade with South Africa and we have not done so for the past seventeen years. It is at once a matter of regret and surprise to us that some nations sitting around this table whilst condemning the racial policies of South Africa continue to have massive trade with th~t country. The United Nations cannot also ignore and is rightly concerned '!vith the growing military strength of South Africa. This growth has been extraordi~arily rapid, indicating frenziedpreparation, for a show-down. The total secur~ty budget, namely, the expenditure on armed. and police forces, has increased in the past four yearsbynearly 300 per cent. Even more revealingand alartrJngis the spectacular rise in the government expenditure on the manufacture of ammunition. In the same four-year period, it has jumped up nearly seventy fold. Against whom ls" this piling of arma being done? From which quarter does South Africa expect an attack? AIl this increase in the defence budget is for the sole-purpose of crushing the brave patriots who arefightingagainst the apartheid policies.'Prime Minister Verwoerd and his followers are sowing the wind and in due course they mllst reap the whirlwind. It ia our belief that only the firmest sanctions takenand implemented can make an impact. AlI trade has to stop and the lead for this has to come from the United Kingdom and the United States. The l'est ofthetrading partners will undoubtedly follow so powerful and so long over,.. due a lead. The United Kingdomhasheavyinvestments in South Africa. Thestake of the United States is smaller, but still substantial. South Africa depends up to ,90 pel' cent or more on imports in petroleum. The General" Assembly has .already adoptedaresoluti.onrequesting Member States not to supply petro.... leum. and petroleum products to South Mrica. If a total trade embargo were announced, if landingfaciliexe~ple attendre 55. Arguments are heard from time to time that economlc 'sanctions would involve hardship to the indigenous "population rather than affect the white minority of South Africa. A great son of South Afrioa. Chief Luthuli. speaks on this.and 1 quote from his book Let My People GoZl: If1 shal! not argue that the economic'ostracism of South Africa ls desiraNe from every point of view. But 1 have llttledoubt that it represents our only chance of arelatively peaceful transition from the present unacceptable type of rule to a system of government which, gives us a11 our rightful voice. The alternative to it i8 to letthings run their course while wh;.te ,South Af:dca earns its'bread on the international market by the sweat of African brows. At' home the situation will get further out of hand. and when all Afri,can leaders have been put away. violence. rioting and counter-rioting will become theorder of the day. It can olÜY deterlorate into disorder and ultimate disaster. "The economicboycott of Soùth Africawill entail undoubted hardship'for Africans. We do not doubt that.J3ut ,if it isa,method iwhich shortens the day .of "bloodshed. the, suffering to ùs will be apriœ we,are Wlllingto pay. In any case~, we stiffer all'eady.our .,.children are.often undernourished. 'and on .,'asmall scale (so far) wedie ,at the whim of a policeman." T~~suffertngs andhumiliatio:ns of the indigenous peôple 'could hlU'dlY get worse. 56.It 'is.,'perhaps. not easyfôrwestern countries toenforcesuch binding sanctions. It is. perhaps.'for this 'reasonthat we,'a.pplaud, the sentiments, of the N0rdicpeoplè;Iftheir example is followed by their partne~s·'iri the, N()rth Atlantic Alliance and if such sancti()ns arequiëld}'agreed to and firmlyactedupon. ijlerearebou.ndto bedrasticchanges in the poli- Ciesoftheraëistrêgime of South.Africa. But. these meàsurfJs<c()U1d,be i,.effective onlY if th.ey· a~e.adopted by ,"~c()l1lltriesand.as1 said ea,rliel'. particularly bfthe.bi~'l'0wfJrsandthe principal trading nations. ~thçi4t,AAYreservatidps.Wit49ut,thei:r\Vhole-hearted lll'ld.iijnfl~chin~,support.,thère Is little,pôssibilityof t,h.esespéçifi9tn.ea,l;lUl'fJS ,1e~Qi,ng to i, abandonmentby tne Jl()yeÎ':tlment,.0fSô!1t,h,Afriça,of theiranti..Charter p()J,içi~sa.pdp:ractices.'.l'bis,lsthebrutal and. un.. p~èasaJittI'11tll tliat mustbe faëed. The whole of Africa ..zl'td~(;ra\V~lIill Book ~rnp~y.'lnc.. New York. T~ronto, London, "1962. 57. Beiore 1 end. may 1 be permitted to quote from the beautiful Psalm which has meaning for aU those striving for a better world. Let us not forget that nExcept the Lord build the house they labour in vain who build itn.]! Beneath the poetic imagery of these wOJ;'ds lies a hard scientific truth: unless the right psychological climate prevails.unless people live in amity and have a sense of higher purpose. nothing of enduring values can be constructed or reconstructed. The sooner the rulers of South Africa realize this the better it will be not Ol.ùy for them and their children. but for aU of mankind. 58. The PRESIDENT: 1 caUuponthe Foreign Minister of Sierra Leone.

The Secretary-General has circulated his report inpllrsuance of the Security Council resolution of 7 August, 1963 after an exhaustive discussion of the policies of aparthéid of the Government of South Africa. in whlch my coUeagues. the Secretary of State of Liberia. the Foreign Ministers of Tunisia and Madagascar. and, 1 took part. under a ma.'ldate entrusted to us by the ,Heads of the thirty-two independent. African States. members of the Organization for African Unity. 60. It is clear from the Secretary-General's report that ,no progress has been made towards the'real objective of the 8ecurity Council resolution. that is. to persuade the Government of South AfJ.'ica to change its,hatef1.1l apartheid policies. Intheface ofthls'failure in making any progress. thedangerous threattopeace on the •African continent, and. ipso facto. to international peace and security. whicb wepersuaded the SecurityCouncil to determine in its resolution. re- IIlains unchanged. 61. 1 do not intend to ,repeat the well-doeumented arguments which have been so clearly and forcefully stated in aU previousdiscussions in the Security Council, as weIl as inôther organs of the United Nations, and those advanced two days ago Dy my tW() coUeagues and againonlythisrnornîng by therepresentatlvesof Indiaand of Ghana who addressed you mosteloquently. We all knowboth the general nature and the details of the policiel\l of apartheid; they have been fully discussed in the statements made'invarious meetings ,of th~ General Assembly. and before the Special, Political Committee where ,the question.of apartheid hasbeen ,underdisCus!3ion. Ample proof hasbeen provided that the pr~ctical,implementation or the apartheid policy in South Africa results ina 90IIlpletedElnialto the non-white inhabitants pf that §j Psalms, chapter 127. verse 1. 63. My colleagues have already shown how untenable the position of the Government of South Africa is on both scores•.In effect. the Government of South Africa claims that the whole of thé United Nations is (,ut of step, except South Africa. 64. When the Heads of African Statss decided to bring this matter beforethe Security Council, it did not occur to them that this" the most powerful organ of the United Nations. which ·is specifically charged with the responsibility of safeguardingthe peace and security of the world. would find itself unable to take strongandvIgourous action against a Member State which so openly flouts the authority of the United Nations itself and which continues to practise apolicy that denies the basic human rights enshrined in the Charter. 65. Theproblem now.facing the. Security Council canbe simply stated as follows: What action should be taken.in the interest of preserving the dignity of the United Nàtions and of implementing the purposes of. the Charter when a.single Member refuses to pay a:ny attention to nearly thirty resolutions calling upon that Membèr to conform to the principles of the charter? 66. Tc) spend. any more time in a fruitless discussion of, whether.a:ny. contemplated action falls under this or that' Chapter .of the Charter is toobscure the necessity fora forthright answer to the question about. wha,t .i8 to be done in tl)e face of this continuing def~anct} of,thé Organization. . 67. The African States hold the vIew that the Charter is one and indivisible. If. as a matter of convenience, vanous a.spectsofthe purposes. principlesand practicès •of the Organization are dealt with in separate Chaptersof the Charter, this does not. to our minds, mean that the centralpurpose of prompt and' united action to safeguard the peace of all is itself divisible. 68. It'ls' precisely because'the Government of South Africa,believes that certain Member States which are the principal tradingpartners of South Africa.or whiÇh are .the major.investors iQ itseconomy• are J],ot .prepared. to take thestrong· posit~ve measures envisaged ~y .the Charter, that South Africa ca,ncontinuetof1out'the authority of the General Assembly and,of~e Security Conncil. 69. The African· States, actingwithin tlleframework of the'. ,United,NatioIlsresolutions and those.of our 0\VIl·.prglUlizatiOllforAfrièan'Unity•. have.takenevery . dipl0tnatic !U1d .ec,onomie .stepopeIl)te them. .. to show .tlleir disap»r,ovalof the apartheigpolicies andpractices.of ,the. Government of South. AfriCla•. That our actionhashadsome significant effectonthe economy 70. If the Security Council fails to bring firm and positive pressure to bear on the Government of South Africa to compel it to change from its present intransigence, and if the Security Council remains satisfied oo1y with resolutions of condemnation and deprecation, until the predictable internaI revoit of the human beings who will not forever tolerate tyranny and oppression is followed by continental and global involvement, history will be your severe judge. 71. It has been observed by certain friends of South Africa that the hateful pollcies of apartheid are ba.. sically the expression of an innate fear of black domination. What is the white inînority in South Africa really afraid of? That the non-white majority should talte their lawful part in the political, social andeconomic life of their country? Nowhere on the African continent have Africans wanted anything more than what is their natural right, andthereis no reason why their brothers and sisters in South Africa should be forced to ac6ept and to live with anything less. Might it not be true that, in fact, the fears of the white minority are in direct proportion to the extent to which the non-white majority has been denied the enjoyment of its right to participate in the political, social and economic life of the nation? If this is so, ~hen the white minority holds in its own hands the sollltion to its fears. 72. Ml'. President, members of the SecurityCouncil: You have, as 1 stated earlier, aU the facts. It ls now up to the Security Council to take timely action to avert the dire consequences of further in~ction on this matter. 73. If the Africf,ln members· of the Sècurity Council were .to be compelled toexpress the true feelings of the vast majority of the people of Africa, they would not hesUate to demand that the Security Council should invoke total sanctions against South Africa and even totally isolate it from the community of nations. That· they have not yet proposed such me~sures sbould be put to their credit as a tangible demonstration of their willingness to explore. aIl other possible means of achieving positive results within the framework of the Charter of the United Nations. 74. Should. South Africa~ however, be permitted to continue to steel' its "collision course", the very investments which its major trading partners are now so keen on preserving by refusingtoput pressure on the Government of South Africa willgollP insmoke pefore. their very eyes at a time·whenit may be too latetocontain the forces of righteous:r.evolt. 75•. The African states are .therefore ready, as always,to co-operate in·finding solutions which will avert such a tragedy, provided only that measures are not .proposèd whiçh.are merely of aremporizing nature, andthat the true goal le; not lost sightof, 76. Finally. and once more. on behalf of the African States. my colleagues and 1 calI upon the Security Council to adopt any resolution the implementation of which will make it quite clear to the Government of the white mînority in South Africa that the doctrine and practice of apartheid is not compatible with membership in the United Nations and can no longer be tolerated. 77. With your permission. Ml'. President. 1 would also like to join my colleagues in expressing. on behalf of lllY delegation. the profound sympathy of the Government and people of Sierra Leone to the Government and people of the United States in the 10ss which they have sustained by the assassination of their President. John F. Kennedy. and through you to ask the representative of the United states to convey to thefamily of the 1ate President. and to his Governmént. our condolences. 78. Ml'. NIELSEN (Norway): May 1 first ofallhumb1y pay tribute to the late President Kennedy. a wor1d leader who also in my country enjoyedfull confidence. We admired his l'esponsible andfar-sighted leadership ôf his 0\Vn great country. We deeply appreciated and enjoyed the betterment in international relations resulting from the effective and peace-seeking foreign po-liey pursued by the United States under the leaderShip of the late President Kennedy. We bow in mourning. 79. The Security Couneil is for the second time in a few months actively seized with the race conflict in Soutll Africa resulting from the policies of apartheid Qf the Government of South Afri.ca. Bo. On7 August. the Council strongly deprecated the policies of racial discrimination of the South African Gove.rnment and called upon that Government 10 .abandon those policies. The Council also solemnly calledupon aIl States to cease thesale and shipment ôf arms. ammunition and lllilitary vehieles to South Africs.. 81•. The General Assembly on 11 October expressed Us deep concern over the situation in South Africa l:>Y a resolution [1881 (XVllI)]· condemning the South African Governlllent for Us failure to complywith the répeatedresolutions of the General Asselllbly and the Secu~ityCouneil•.The General Assembly. bythe overwhelming majority of 106 votes. requested the South AfricanGovernment to abandon·an arbitrarytrial then Ï1lprogl'essa.nd to release allpoliticalprisoners and persons detained for having opposed the policy of apa;r:theid. SouthAjrica is the only Member State that v~ted against that resolution. 'l.I . 2JSe~Officia1 Records of the Generàl Assembly, Eighteenth Session, Plenary Meetings, 1238thmeeting, para. 137. 86. 1 shall not reiterate.the well-known views of the No~eglan Government on the abhorrent practices of racialdis;crimination. They have been expressed on a number of occasions both in the Security Couneil and in the General Asembly. l '6eg to refer to my own statement in the Security Council on 7 August [1055th meeting], setting forth the strong opposition of the Norwegian Government and people to the inhuman policies ·of apartheid. 87. The Norwegian Foreign Minister in the general debate this year on 8 October made the following appeal to the South African Government: "We urge that Government to. change itspolicies in a direction which gives the' whole population of South Africa, regardless of race and creed, equal opportunities ta live together in a free, democratic society." ·Mr. Lange went on ta say: "If, however, the Government of South Africa continues to pursue itsabhorrent policyof apartheid with its concomitant measures of suppression•. we fear' that it can end onlyininternational catastrophe. We therefore believe that the. maintaskofthe United Nations must be, by taking suitable steps which can obtaingeneralsupport. to continue its.' endeavours to influence the Government of South Africa to change its'course."!Q/ 88. We do notbelieve that we are standing 'on the brink of an international catastrophe today. But we are approaching the crossroads where the choice will he between aroad to disaster and a rbad to a change inpolicy away from apartheid andtowards respect forhuman rights and the dignity of man andfundamentalfreedoms. 89. The presentpolicies of the South AfricanGovernmeIitare fundamentally in .contradiction with its duties as. a Memberofthe UnitedNations. The Security CotUlcil,guidedby theprinciples and purposes laid down in the United Nations Charter and by the provisions of the Universal Declaration of HumanRights, !f!/Ibid•• PJeriary Meetings. J233rd meeting. para. 85. 9.1. J'he heart'.of .the .rtl3.tter i5 that the fate of the majority of the population·of South Afrfca today is entire1y ill the hands of the white minority. This minorityIilaintainsfirm controlofpowerlul military forces which are now'beingfurther expandecL 92. One gl:llns the lmpressionthatthe militarYbÜUduptosomeextent at least ls designedfor internaI purpo~eshaving todo' witbthe énforcement of the raclal'policiesnowpursued. Tbecontinuedstrengthenlngof South Africa's military' potential power is all the more incongl'Uous' at a time when international tension generally is decreasing. The Government of South Africa seeks to increase its armaments whilé. the l'est oftheword discusseS practical stepstowards disarmament. 93•..Thê.N()rwegian'Government béli.eves that 'it ,is 4esi:l;'ab1e t9 'avoid any further strengthening of the Iriilitary •forcesat the disposa10f the Soutq African Qove:rnInent and thérèby to Umit its;power.to 'oppress ~e,IllajoritY.of the population. Having qOIltrilluted to st9Pping the.flow of arms from a1>road, the Council Iriight now turn to the remaining so~rce of ar~aments avallable to South Africa, namely its domestlèarms aJ?(1 mqnitions Industry. 9~.'I'hese(lUrity Côûticil:-fac~dwith theobstinate pqrsqa~~ .'of .apartheid inspite'of previous' appeals, , might now c3J.1.uI!on. aIr Statesto refraitlfrbmthe sà1eandshipIrientofe,quipinent a,ndmaterials for the 'lllanî.1factureànd maintena.nce .of armsandammunition withinSouthAfrica. We 'are confident that if such a. caU were 'made by the ~ecurity. Council it woul,d be",met witha positive l'esPonsefroma.l1 States,and that it the,refore ,would have thepractical effect of çurtai1ing the'milita.ry . build-up desiredby the Gc;;v- ~rnmerit of South Africâ. " 95.It.1s furth~rmore to pe hoped that sucha call by ·the Secur1ty CouncU would .serve. as .a..further t~ques, l'évolution de raient 96. Membres ment, traire prisonniers. politiques pour présent, a Dans devant le de à ·abominables a norvégienne de" un l'amener pratiques aux 97. dérer Sud, . Nations de eata.strophe; borne prête d'une sement .des mentales C'est sont le 98. 96. Last month,l06 Member states, as lhave said, appealed in strong terms tothe South AfrtcanGovernment to abandon an arbitrary.trialthen inprogress and ta release aU political prisoners and persons detained forhaving opposed the policyof apartheid. So .far this appeal has had no effect. The trial lias been resumed and thè prisoners are,kept in confinement. Press reports about the inhuman treatment of these prisonerswere quotedby the Secrètary of State of Liberia in his statement before the Seeurity Counci! on Ylednesday [1073rd meeting], and the description of the appalling conditions under whieh these people are living has made a deep impression on us. The Norwegiandelegationwouldfinditproper üthe Security Counci!, mindful of these tragic faets, directed a new appeal to the, Government of South Africa ilian attempt both to achieve release and tobring aboutmore human legal practices in accordance with th.eresolUtions of the United Nations. 97. Even' if today there Is 'full reason tolook \Vith apprehension on the situation in South Africa, the belief should not be abandoned that it ls still possible for the United Nations to influence the development in that country so as to avoida catastrophe. Itseems important that the United Nations not only shoulà express its abhorrence but also should he prepared to render any assistance possible in se~king an alternative, positive course leading to the restoration of human tights and freedoms for aH the inhabitants of South Africa. It is in this spirit that the far-away Nordic countries have been preoccupiedwith finding new ways to deal with the pr601em. 98. The goals and the means are in the Charte:t:. The task for us is to chart a course leading away from catastrophe. The United Nations, in our view, should start \Vith praetical efforts through the establishment of a group of experts to examine the situation in South Africa and study methods of resolving that situation through full, peaceful and orderly application of human rights and fundamental freedoms to all inhabitants, regardless of race, colouror creed. Such a course would also offer the authorities of South Afriea yet another opportunity of assistance by the United Nations to save themselves and to saveus-the United Nations-by moving away from their present .course leading to catastrophe. international catastrophe, we believe. Charte~ nous gation action d'examiner les tion des à couleur également possibilité Unies aussi mène, 99. 1 should like to repeat and emphasize two words 99. that 1 have Just used-that is, the "full application" je of human rights. In our view, that is a clear:formuintégrale lation which leaves no room for compromise~ It ,,~, là "2î bêr.wh~n 106~embel\~ates~ted against it. as ,.1 have àlready.sald, .,TAade . a considerable impact. pàrticularly on thoseWlUtes inside South Africa who doubt the wisdomof thelrGovernment'spolicy. We believe. tIlat lt wQU1d beof great impQ~anceifthe 8ecurlty Counail· could' give a similar deinonstratlon of'world opiriiori now. expressed throughaunanimous ,decisionby,the Counçil. ' ;"10~. .The .... PRESIDENT: .' :The representatlve of the .U~t~d states 'has .asked tospeak at this tlme. and Inow'call up<;lhhim. ., . ,~ ~". _ 0, " " (/ 102. Mr;;;"PLIMPTON (United states of America): 1 should~ere.lY Uketo express my ve'r,y deep apprecie_tion forè.,the~ kindèxpressions of sympathy-.offered ~bythe rèpresentatlvesofGhana. India. Sierra Leone and Norway conce1'l1ing the trag1c death of'President Kennedy.',They·are Most gratefully acknowledged and received~ .103. ~The PR~SIDENT; 1 have no more speakers'on PlY'l1st for' either. this.morning or this. afternoon. Froriliriforttml cOllsultations. which l'have had with mi.eolleijwes.lwidei-stànd that. sorne. Qf thèm. m~\y 'bereadytc> speaknext·Mon.day [2 Deé&mber]. By that -time· 1 shaUhave been succeeded inthis Chair "byJhé:,representatfve. of the United states.. and accordingly .itwilÎfall.OO himtocàllthe meeting. Howeve;r.lunderstand~that. in prinèiple.ameeting next Mônday wUlsûithis convenienceand also the conveDience of Gther.,melPbers of this Council. If 1 hear no obj~ctipn.lshâlJ take.lt'that the C011Dcif'agrees ta tha.t~rrangePlenf. . . iè'IfWI;l$$.crdecided. TbJ:tineeting:rose'at 1.$ p.m. SchwanU'lllér Str. 59. ELWERT UND MEURER Hauptstrasse 101, SertinoSchënebera. ...LEXANDER HORN Spi88elSIsse 9. Wiesbaden W. E. SAARBACH Gertrudenstrasse 30. 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