S/PV.1393 Security Council

In accordance with decisions taken previously by the Security Council, if I hear no objection I propose to invite the representatives of Guyana, Turkey, Chile, Indonesia, Yugoslavia, Nigeria, the United Arab Republic, Zambia, and Colombia to take the places reserved for them at the side of the Council Chamber, it being understood that when any of those representatives wishes to speak he will be invited to take a place at the Council table. At the President’s invitation Mr. E. A. Braithwaite (Guyana), Mr. 0. Eralp [Turkey), Mr. J. PiHera (Chile), Mr. H. R. Abdulgani (Indonesia), Mr. Z. Jazi6 (Yugoslavia), Mr. A. Clark (Nigeria), Mr, M. A. El Kony (United Arab Republic), Mr. I. R. B. Manda (Zambia) and Mr. A. Herr& Medina (Colombia) took the places reserved for them at the side of the Council Chamber.

I wish to inform the members of the Council that we have received addenda 9, 10 and 11 to document S/8357 of 25 January 1968 containing the Secretary-General’s report on communications received from Member States on action taken pursuant to General Assembly resolution 2324 (XXII) and Security Council resolution 245 (196X). 3. The Security Council will now continue its examination of the item on its agenda. The first name on the list of speakers is that of the representative of Indonesia, one of the States which have asked to take part in this debate. I invite him to take a place at the Council table.

Mr. President, on behalf of my Government, I should like to say how grateful I am to you and all the other members of the Security Council for offering me this opportunity to address this highest authority of the United Nations, the Security Council. I should like to take this opportunity of presenting to you our congratulations on your assuming the Presidency. 5. I have followed with deep interest the discussions here in the Security Council and I wish to emphasize the profound concern of the Indonesian Government regarding the tragic events which have occurred and continue to occur in South Africa. 4. I also speak for my Government as a member of the United Nations Council for South West Africa, established 7. It has been our earnest hope that the experience of Indonesia in attaining its freedom through violence and bloodshed twenty years ago will not be repeated in South West Africa. The people of that country are fighting for their freedom even as we did. If the Council can avoid the path of violence and bloodshed and bring the people of that unfortunate country to their rightful independence, then we feel that our efforts will have been successful. 8. ‘The Indonesian Government firmly believes that the United Nations should grow as the appropriate international instrument to solve problems relating to the peace and security of us all. We are aware that certain Members of the United Nations conceive of the Organization as a static conference machinery. Others have made it clear that they conceive of the United Nations primarily as a dynamic and positive instrument of Governments which should develop methods of executive, action by implementing in a spirit of objectivity the principles and purposes of the Charter as well as resolutions of the General Assembly and of the Security Council. I do not need to reiterate here that my Government belongs to the latter group, firmly believing that this dynamic and positive approach is the only one which will produce effective results. 9. The resolutions immediately relating to the question before us are General Assembly resolution 2324 (XXII) and Security Council resolution 245 (1968), both of which have been disregarded, ignored and defied by a Member of the United Nations. Both the General Assembly and the Security Council have adopted resolutions which have been answered by action precisely opposite to what all of us have repeatedly and urgently sought. 10. Since the Security Council in its resolution 245 (1968) a month ago decided, among other things, to remain actively seized of this matter, Indonesia is of the opinion that we can no longer remain silent in the face of this great threat to the world and to the spirit of the Charter of the United Nations. As has been clearly stated by many of the representatives around this table, the integrity of our Organization itself is at stake. The prestige and authority of the whole international community, as embodied in the United Nations, has been and continues to be defied by one of its Members. 11. I do not need to re-emphasize the grave doubts about the continued credibility and effectiveness of the United Nations system if such defiance is allowed to go unchal- 1 official Records of the General Assembly, Twenty-second Session, Plenary Meetings 1572nd meeting. 12. The United Nations, with its highest authority, t Security Council, is now faced squarely with such a “crisi of confidence. Thus two crucial questions are presented us. 13. First, will it, can it allow a Member State to contin such open and wilful violation of innumerable Gene] Assembly and Security Council resolutions, and can tolerate such a betrayal of a Member’s solemn obligatio assumed under the United Nations Charter? There is b one possible answer to this question. That answer must self-evident to all. 14. Secondly: the Security Council must recognize tb the abridgement of the most fundamental human rights I the part of a Member State is indeed a serious threat peace and security in that area of the world. It is also blight on the conscience of the whole world. It is not on the individual human beings that are on trial at Pretori the Security Council itself, every Member of the Unit Nations and the Charter of this Organization are equally I trial. 15. This Council has therefore an obligation not only the people of the world but also to itself. As important the humanitarian aspects of this situation are, the ot gation of the Security Council to the United Nations ml be the overriding consideration here. 16. ‘I hardly need remind the Security Council of what h already been done. The Assembly in resolutil 2324 (XXII) has “condemned” the illegal trials, “call upon” the Government of South Africa to discontin them and repatriate the South West Africans, a “appealed” to all States and international organizations use their influence to change this policy. 17. This resolution has been treated by some Members a, recommendation with no binding effect. Indeed, althou there are those who maintain that resolutions of t General Assembly have no legally binding force, is it n our hope that General Assembly resolutions should devel’ into international conventions and be treated as such? It self-evident that conventions are one of the sources international law, and if so regarded they will eventually recognized as binding. 18. Must it remain true, as has been said, that intl national law is that branch of law which the wicked will n obey and the righteous will not enforce? Must it be th the weak but righteous are left defenceless, while t strong, when they are also on the side of the right, rema passive? I know that I may be accused of being naive, bu should like to remind the Council that all laws, conventio and resolutions, including international law, have a mo. basis. The problem that confronts us also has a moral aspe which must be recognized in formulating any legal political solution. 26. There are still additional avenues open for us to explore. Is it not advisable to make use of the influence and wisdom of our Secretary-General? This is not meant as an extra burden to one who is so constantly at the service of world peace. Rather, it would be a means of utilizing the political function of the Office of the Secretary-General as one of the principal organs of the United Nations system. 20. What has been done by Members of the United Nations? Many have replied to the Secretary-General’s request for information about what they as individual Members have done and are doing vis-a-vis the Government of South Africa. Most have indicated that they have no diplomatic or trade relations with that Government, but have conveyed their vehement opposition to the events taking place there. 27. The Secretary-General has carried out the request made in resolution 24.5 (1968) in an exemplary manner, and we wish to thank him for this valuable service, Now we may be able to request his personal good offices in a more direct manner relating to the political aspect of this problem. 21. What have other Members with the greatest influence and power in the world done? What have they done to influence the actions of the Government of South Africa? They still maintain diplomatic and economic ties with South Africa, There is no doubt about their ability to achieve what the resolution demands. It is indeed laudable that some Members in their written replies to the Secretary-General have spoken out at the highest level against the trial, and that their concern has been conveyed directly to the Government of South Africa, even before the passage of General Assembly resolution 2324 (XXII). 28. As my final point, let me add that there is a growing wish among Member States that all problems of the world, many of which are now seeking solution outside the United Nations framework, both at the conference table and on the battlefield, should be brought before this world body. The Govermnent of Indonesia is actively supporting efforts towards this goal. The beneficial implications of this approach may not be felt tomorrow, but if we proceed in the opposite direction unforeseen consequences will surely follow. As we go further towards enforcing and upholding decisions made here, we are at the same time strengthening the machinery of the United Nations. 22. Others have demonstrated their concern about the trial and about the legislation under which the freedom fighters were charged and convicted by sending observers to the trial sessions and by representations to the Government in Pretoria. 29. With these observations we should like to conclude our modest contribution to the solution of this pressing problem, My Government’s purpose is twofold: we wish to strengthen the machinery of the United Nations by making its directives enforceable, and at the same time we are equally concerned with fulfilling our obligation and promise to the people of South West Africa to help them succeed in their struggle for freedom and self-determination . 23. We assume that those Members are now prepared to consider additional and other appropriate courses of action. In this case, failure to take a step forward is in effect a step backward. 24. Let us explore what other fruitful courses of action are available. It has been suggested that the International Court of Justice be consulted. However, we should like to draw attention to the fact that our experience is by no means encouraging. Moreover, that body can render only a legal decision. This is a political situation and must be solved by political means by the main political organ of the United Nations. A legal solution, however brilliant and even favourable to us, would leave the political problem unresolved. It will also remain unsolved if we concentrate our efforts only through the humanitarian approach. The present situation is unacceptable to the United Nations. It would be useless to adopt yet another resolution with the same contents as resolution 245 (1968). We must go further, as in fact many Members who have spoken at these meetings say they are prepared to do. We are now anxious to know what the major trading partners of South Africa have in mind with regard to this matter. We do hope to find that these Powers will see their economic interests in the

The next speaker on my list is the representative of Zambia. In accordance with the decision taken by the Council, I invite the representative of Zambia to take a seat at the Council table.

Mr. President, first of all, I shouId like to thank you most sincerely for giving me this opportunity to address the Council on the grave issue now before it. I wish also to thank the representative of Pakistan for his penetrating analysis of the present situation created by South Africa’s refusal to comply with the Council’s earlier decision and for so ably presenting last Friday [1391st meeting] the case on behalf of the United Nations Council for South West Africa, of which Zambia is a member. 33. Though a Member of the United Nations, South Africa has never felt obliged to abide by the Charter of the world body. It has violated almost every article of the Universal Declaration of Human Rights; it has turned values upside down-all in the name of Western civilization, in the name of Christianity and in the name of anti-communism. The world should know by now that by “communism” the South African Government means any opposition to the iniquitous policy of apartheid. The term “communism” in South Africa is used as a smear-technique against freedom, justice and human dignity. And I say that if the South African Government really stands for those values, then those who believe in them have cause for conern, because many evil acts are being perpetrated by the South African authorities in their name. 34. The South African authorities cannot expect good faith from the people they so ruthlessly oppress. They cannot expect respect from men they seek to emasculate and turn into mere pairs of hands. And the South African authorities know very well/that oppressed people do not need any intellectual analyses in order to know who their oppressors are. For over forty years successive South African r6gimes have sown hate and have reaped, are reaping and will continue to reap hate. As long as they maintain the policy of apartheid-a policy of racial superiority, the policy of a Herrenuollc-tlley will do so, because, as the wise men of antiquity have said, you reap what you sow. It is bad enough that life is being made difficult for the black inhabitants of South Africa by a small racist group; but we consider it more tragic for life to be made difficult for the inhabitants of South West Africa, who are under the direct protection of the United Nations. 35. The Council is now faced with the deplorable situation in which the inhuman system of apartheid is being extended to a Territory directly under the responsibility of the United Nations. My delegation feels that this should suffice as a motive force for this Council to match words with action. 36. The point is clearly this, that the United Nations cannot afford to take half measures. Having decided last month that the trial of the South West Africans at Pretoria is illegal, the Council is under obligation to take this matter to its logical conclusion. The men now illegally in detention in South Africa must be released and sent to their country. 37. It is not my task to remind the Council about its responsibilities, which are very clear. The Council only last month unanimously adopted resolution 245 (1968), declaring the trial at Pretoria of the South West Africans illegal and demanding the release and repatriation of the persons concerned. The South African Government has thrown that resolution into the wastepaper basket with contempt, I say 38. Finally, I wish to state that my Government’s policy is one of peace, But you cannot have peace in a situation where men are oppressed, where the decisions of the United Nations are ignored with impunity and where the people are held under military force. I wish to state that the world would be better without this sort of oppressive rkgime, and as I said earlier in my statement, I think the Council now has to take very resolute action in the case of the South West Africans in detention at Pretoria.

The next speaker on my list is the representative of Turkey. I invite him to take a seat at the Council table.

May I in the first place, Mr, President, thank you and the members of the Council for giving me this opportunity to express deeply my delegation’s views on the question of the South West African prisoners. 41. My delegation expresses its dismay and indignation at the fact that South Africa has defied the international community by sentencing the South West Africans in question after an illegal trial and under the “Terrorism Act”-a law which has been rejected by the whole international community as contrary to the principles of the United Nations Charter and the Universal Declaration of Human Rights. 42. Indeed, it is sad to consider that the Security Cound has once again been called upon within a short time to discuss this issue which is fundamentally a humanitarian problem as much as it is a political and legal question. 43. It is sad because thirty-three South West Africans have been convicted in flagrant violation of their rights and of the international status of the Territory of South West Africa, and in persistent defiance of General Assembly resolutions; convicted in a foreign land and by a foreign court, under a foreign law, for so-called crimes which were not in fact crimes. We are faced with a grave situation, because the unanimous decision of this important body under resolution 245 (1968) of 25 January 1968, clearly asking for the release and repatriation of these South West African prisoners held illegally at Pretoria, went u&ceded. 44. It will be recalled that the General Assembly, in its resolution 2324 (XXII), had also overwhelmingly con- 45. The manner and the law under which those South West Africans were tried and convicted ~a11 in 110 way be condoned, The practice of enacting retroactive legislation for repressive political purposes cannot be defended before any organ of the United Nations and is abhorrent to the basic principles Of justice. As such, it is bound to be condemned again and again. But world opinion JIOW calls for something more than mere condemnation.

I wish to express my delegation’s gratitude to you, Mr. President, and to the other members of the Security Council for enabling us to state our views regarding this important issue. From the very beginning Yugoslavia has taken a11 active part in the efforts of the IJnitcd Nations to find a just solution concerning South West Africa. As a member of the United Nations Council for South West Africa we regard it as our duty to contribute towards the realization of the objectives embodied in the United Nations decisions concerning that Territory. 46. When, at its twenty-first session the General Assembly adopted the epoch-making resolution 2145 (XXI), which was adopted with near-unanimity, my delegation was among its co-sponsors. At the fifth special session, my delegation again co-sponsored resolution 2248 (S-V) which created the United Nations Council for South West Africa ia which we now serve with a sense of purpose and responsibility. 54. My delegation, like other members of the Council for South West Africa, felt that it was essential to ask for the convening of an urgent meeting of the Security Council in order to examine the most recent flagrant refusal of South Africa to comply with Security Council resolution 245 (1968)--that is, to discontinue the illegal trial of and to release the group of South West Africans. The pronouncing of heavy sentences against the thirty-three South West Africans, members of the national liberation movement, has been met with indignation and almost unanimous condemnation by the international community. The shock and grave concern that have been expressed in the Security Council debate are fully justified, since this latest outrageous act of South Africa represciils a gross violation of the most fundamental l~uman rights and of generally accepted norms of international law, as we]1 ;JS of the principles of our Charter. 47. In our view, inasmuch as the Mandate of South Africa has been terminated once and for al], the Government of South Africa has no legal right whatsoever to administer the Territory of South West Africa, which has come under the responsibility of the United Nations in gcncral and the Council for South West Africa in particular. 48. Therefore, my delegation, together with ten other members of the Council for South West Africa, and with the concurrence of the Asian-African Members of the United Nations, thought it appropriate to call for this emergency session of the Security Council, with a view to taking immediate and effective action to ensure the rclcase of the South West Africans from delention, as well as to ensure their repatriation. 5.5. The group of South West Africans was taken from their ilomeland so that they could be brought to trial in a foreign country and illegally sentenced under the so-called Terrorism Act,’ which is nothing but a law of terrorism. The reasons for this are obvious, The South African rCgime is attempting to eliminate all resistance and to bring about the total subjugation of the people of South West Africa by every possible means. 49. Our unequivocal stand on the question of South West Africa was expressed with authority by the President of the Republic of Turkey in an address to the members of the Afro-Asian group of the United Nations in April last year, President Sunay stressed the importance of the question of South West Africa to the United Nations when he said: 56. What are the alleged crimes of the group of South West African patriots, according to a statement of the Judge of the Supreme Court of South Africa? In the statement he made after passing the sentences he said: “The problem that we are seized of constitutes a challenge not only to the United Nations but also to the conscience of mankind. The world waits to see whether an overwhelming majority of nations, genuinely united behind an objective, can also unite behind the practical means of realizing that objective.” 50. The so-called question of the South West African Prisoners is only one aspect of the whole problem before t]le United Nations, and I join with my colleagues in urging the Council to do whatever is deemed necessary and possible. 5]. Previous speakers have suggested practical means of dea]ing with this emergency, each of which has a certain merit and perhaps certain shortcomings. WC appeal to the wisdom of the Security Council to find the most effective 2 act to Prohibit ‘l’erroristic Activities and to Amend the Law relating to Criminal Procedure; and to Provide for Other Incidental Matters. Act No. 83 of 1967. “I shall now proceed to quote as briefly as possible from some of the documents to support our findings on the aims of the South West Africa People’s Organization (SWAPO). “First, against the South African administration and its fabric of apartheid, the contract system, Bantu education, Bantustans and the direct and indirect enslavement of our people in our country. “Fourth, to further the principles of positive African neutrality. “Fifth, SWAP0 will mobilize all the people in our country with all its power to fight continually against the introduction of Bantu education, Bantustans, and against the removal of our people from their traditional lands, including the Reserves and so forth, and to refuse the present locations in the so-called State-owned areas.” 57. That so-called evidence of the guilt of those people does not require any comment. For these principles represent only the natural aspiration of the people of South West Africa for freedom and independence. 58. In its resolution 245 (1968) the Security Council, by taking note of General Assembly resolutions 2145 (XXI) and 2324 (XXII), has actually for the first time become seized of the problems relating to South West Africa. This we consider to be a very important step. The responsibility and competence of the Security Council with respect to South West Africa has thus been asserted. Since the twenty-first session of the Gent Cal Assembly, South West Africa has been under the direct responsibility of the United Nations, and South Africa has no legal authority whatsoever over it. 59. We firmly believe that it is incumbent upon the Security Council to insist upon the implementation of its resolution 245 (1968). To begin with, South Africa should be strongly condemned for the act in question and categorically requested to release the South West Africans and repatriate them immediately. Furthermore, in view of the past experience and well-known position of the Pretoria regime towards the United Nations, the Security Council should consider, in our opinion, taking effective measures, not excluding enforcement measures envisaged in the Charter, if South Africa once again fails to comply with the pending Security Council resolution. 60. The issue the Security Council is debating represents, in our view, a part of a broader problem, for the future of South West Africa is at stake. This latest defiance by South Africa is only a reflection of a policy of persistent ignoring of all United Nations efforts aimed at a solution of the acute and pressing problems facing the southern part of Africa. So far the rulers at Pretoria have in no way indicated their willingness to abandon such a negative attitude towards the United Nations decisions, the objective of which is the achievement of full independence for South 61. Therefore, we are of the opinion that it is very important to bear all these aspects in mind when considering this illegal trial. The time has now come for our Organization, and above all the Security Council, to act more resolutely and to put an end to the constant defiance of the United Nations and the international community as a whole by South Africa; otherwise, we shall encounter even greater difficulties and potential dangers in Africa and elsewhere.

The next speaker on my list is the representative of Colombia. I invite him to take a place at the Council table. 63. Mr, HERRAN-MEDINA (Colombia) (translated from Spanish): My delegation thanks you, Mr. President, and the members of the Council, for your willingness to hear the views of Colombia in this debate. 64. My delegation merely wishes to say that we concur and agree with the views and arguments put forward in the Council by the other delegations members of the United Nations Council for South West Africa concerning the necessity and advisability for the Security Council to adopt any measures it sees fit to take for the implementation of the decision taken in its resolution 235 (1968) of last month. The resolution bears on the question of the illegal trial of South West Africans in South Africa, a matter dealt with by the General Assembly in resolution 2324 (XXII) adopted by an overwhelming majority at its twenty-second session 65. My delegation trusts that the measures which are agreed upon at the same time by the Security Council, as envisaged by the General Assembly in its resolution setting up the United Nations Council for South West Africa, will make it easier for the latter to carry out effectively the Mandate entrusted to it.

. Since there are no further speakers on the list, I propose to adjourn the meeting. The next meeting, at which the Council will continue its discussion of the matter before it, will take place at a date and time convenient ‘to all the members of the Council. To that end I shall hold the usual consultations. I trust also that in the meantime delegations will take the opportunity of holding consultations with a view to presenting draft resolutions. The meeting rose at 5.25 p.m