S/PV.2880 Security Council

In accordance with decisions taken at the previous meetings on this item, I invite the representative of Ghana to take a place at the Council tablei I invite the representatives of Angola, Bangladesh, Burundi, Cameroon, Congo, Cuba, Egypt, the Federal Republic of Germany, Guatemala, India, Indonesia, the Libyan Arab Jamahiriya, Mali, Mauritania, Nicaragua, Nigeria, Pakistan, South Africa, Uganda, the United Republic of Tanzania and Zambia to take the places reserved for them at the side of the Council Chamber. At the invitation of the President, Mr. Dumevi (Ghana) took a place at the Council table; Mr. Diakenga Serao (Anqola), Mr. Mohiuddin (Bangladesh), Mr. Niyungeko (Burundi), Mr. Engo (Cameroon), Mr. Adouki (Congo), .Mr. Oramas Oliva (Cuba), Mr. Badawi (Egypt), Mr. Brzutigam (Federal Republic of Germany), Mr. Villagran de Leon (Guatemala), Mr. Dasgupta (India), Mr. Sutresna (Indonesia)r Mr. Treiki (Libyan Arab Jamahiriya), Mr. Diakite (Mali), Mr. Ould Mohamed Mahmoud (Mauritania), Miss Moncada Berrmdez (Nicaragua), Mr. Garba (Nigeria), Mr. Ahmed (Pakistan), Mr. Shearar (South Africa),.Mr. Katsigazi (Uganda), Mr. Mongella (United Republic of Tanzania) and Mr.. Zuze (Zambia) took .the places reserved for them at the side of the Council Chamber.

I should like to inform the Council that I have received letters from the representatives of Afghanistan and Zibmabwe, in which they request to be invited to participate in the discussion of the item on ,the Council's agenda. In conformity with the usual practice, I propose, with the consent of the Council, to invite those representatives to participate in the discussion, without the right to vote, in accordance with the relevant provisions of the‘charter and rule 37 of the Council's provisional rules of procedure. There being no objection, it is so decided. At the invitation of the President, Mr. Noor (Afghanistan) and Mr. IUdenge (Zimbabwe) took the places reserved for them at the side of the Council Chamber.

The Security Council will now resume its consideration of the item on its agenda. The first speaker is the representative of the Federal,Republic of Germany. I invite him to take a place at the Council table and to make his statement. Mr. BRAUTIG?!M (Federal Republic of Germany): Let me begin my statement with an expression of sincere congratulations to you, Sir, on your assumption of the important office of President of the Security Council for the month of August.. Your long experience with the affairs of the United Nations and your diplomatic skill are well known. We wish the Security Council under your -guidance success in its endeavours to bring greater peace and security to the troubled areas of the world. May I also offer my thanks and appreciation to Ambassador Pejic for his successful presidency of the Council during the month of July- (Mr. BrButigam, Federal Republic of Germany) Since the Federal Republic of Germany actively took part in the Western Contact Group; we have a particular interest in the United Nations settlement plan to lead Namibia to internationally recognized independence. That goal can be achieved only on the basis of free and fair elections to be held under the supervision and control of the United Nations and in accordance with the principles of the Security Council resolution 435 (1978) and related documents. TO guarantee free and fair elections , all sides have to refrain frcnn any attempt at repression or intimidation. The elections must be based on the principle of impartiality and equality, giving everybody an equal chance of participation in the electoral process. The orderly repatriation of Namibian refugees and Namibians, detained or otherwise , outside the Territory is on its way and will, we hope, be completed soon. The process of registering voters must be carried out in strict compliance with the relevant preconditions. The authorities have to make sure that non-qualified applicants are not adnitted. Although those principles are in general being observed and the implementation Of the independence process is well under way, my Government is greatly concerned &bout some developments which are contrary to the settlement plan based on resolution435 (1978). The most serious of these developments have been the continuing activities of former members of the counter-insurgency unit Koevoet. In that respect, we welcome the long-overdue statement made on 15 August by the Administrator-General as a step in the right direction. We urge the authorities to ensure that the remaining Koevoet elements are naw disarmed and their structure dismantled, thus putting an end to the intimidation and harassment of the Namibian population. In order to pave the ground for free and fair elections it is important, in our view, that strict impartiality‘of the Government-influenced media be ensured and that all political parties in Namibia be given adequate room to express their views. .* On behalf of my Government I want to express our high appreciation to.the Secretary-General, his Special Representative in Namibia and all members of the United Nations Transition Assistance Group for fulfilling a difficult and historic mission with impartiality and integrity, with prudence and dedication. ~They deserve our unreserved trust and full support for the tasks still ahead.

I thank the representative of the Federal Republic of Germany for the kind words he addressed to me. . " The next speaker is the representative of Ghana, on whom I call. Mr. DUMEVI (Ghana)8 I am making this statement in my capacity as representative of Ghana. I should like to begin by thanking you, Sir, and the other mexrbers of the Security Council for granting my delegation the opportunity to address the Council on the disturbing developments in Namibia and their effect on the Namibia settlement plan. Before doing so, however, let me convey to you our warm congratulations on your assumption of the presidency of the Council for the month of August. You represent a sister African country whose firm Commitment to the elimination of colonialism and repression - a commitment rooted in your country's history - is well known. The Ghana delegation is therefore happy that this debate is taking place under your presidency. We look forward to a productive conclusion of the present deliberations. (Mr. Dumevi, Ghana) I should like also .to congratulate your predecessor, His Excellency Mr. Dragoslav Pejic of Yugoslavia, for his splendid performance during the difficult month of July. Under the provisions of resolution 632 (1989) , adopted unanimously by the Council on 16 February 1989 to put resolution 435 (1978) into effect, the Council undertook, inter alia "to ensure conditions in Namibia which will allow the Namibian people to participate freely and without intimidation in the electoral process under the supervision and control of the United Nations leading to early independence of the Territory". (resolution 632 (1989), para. 2) I (Mr. Dumevi, Ghana) That was a historic decision - indeed, a significant step forward in the process of closing perhaps one of the most repressive and bizarre eras of colonialism on the continent of Africa. More than half way through the period leading to the elections in November this year , contrary to all expectations, there is no guarantee that the electoral process will be free and fair. Furthermore, the Secretary-General's Special Representative has been prevented from maintaining full and effective supervision and control, as he has been mandated by the Security Council to do. 1,have therefore come before the Council, first, to bring to the Council's attention the disturbing developments in Namibia , which seriously threaten the goal of free and fair elections, and, secmdly, to urge the Council to take the appropriate action consistent with its obligations under resolutions 435 (1978) and 632 (1989). Those developments relate to the following matters: first, the activities of. certain elements of the counter-insurgency units, or Koevoet, which have been illegally integrated into the South West Africa Police (SWAPOL), whose intimidating activities have not only destroyed lives, but also created a state of fear among rural dwellers and South West Africa People's Organization (SWAPO) returnees and supporters, secondly, the non-repeal by the South African authorities,of all repressive and discriminatory laws , contrary to the provisions of resolution 435 (1978); thirdly, the persistent use of the official media in Namibia t0 spread anti-SWAP0 propaganda and the general incitement of the Namibian public against SWAPO, contrary to the stipulations in the settlement agreement; and, fourthly, serious flaws in the Registration of Voters Law of May 1989 and the 21 July 1989 draft Constituent Assembly Proclamation - in particular, the provision (Mr. Dumevi, Ghana) governing the registration of non-Namibians and the constitutional powers conferred upon the Administrator-General by other provisions contrary to resolution 435 (1978). The United Nations settlement plan stipulates clearly how the South African authorities should approach their responsibility of maintaining law and order during the transition period. The South African-appointed Administrator-General is to ensure to the satisfaction of the Special Representative the good conduct of the police forces. He is to take the necessary action to ensure their suitability for continued employment during the transition period. South Africa, true to character, has not respected those provisions. First, although officially banned since February , over 2,000 or more of the notorious Koevoet, according to the leadership of the'lutheran Churches in Windhoek, have merely "followed their founder-connnander, Brigadier Hans Dreyer, into the ordinary police force charged with keeping law and order". The dreaded elements of Roevoet have been let loose, so to speak, and are allowed to roam freely in northern Namibia, killing, maiming and injuring people. fn effect, they have brazenly warned Namibians i especially'those suspected of supporting SWAPC, about the punishment that awaits‘them if they vote for SWAP0 in the November elections. The very presence of the Koevoet elements in the rural farm areas has so frightened the villagers that thousands of returning refugees are reported 'to be scared to leave reception camps. Bona fide supporters'of one of the parties, SWAPO, are afraid=to carry out a task approved'under resolution 435 41978) - tocampaign for support. The Council'of Churches has issued several appeals to the (Mr. Dumevi, Ghana) international community to put pressure on the Administrator-General to remove the Koevoet elements from the police force because of the memories of-their sadistic killings and brutalities, especially during the war in the north. In effect, the overwhelming evidence is that, by their training .and orientation, the Koevoet elements have not adjusted themselves to the new political~ situation in Namibia and consequently are unsuitable~for continued employment in'. the police force in terms of resolution 435 (1978). Yet the South African authorities have so far retained them in the South West Africa Police (SWAPOL), in flagrant violation of the agreement. Secondly, under the United Nations plan, the police are "limited to the carrying,of small arms'. (S/12636, para. 9) Rut South Africa continues to ignore the relevant stipulations. The South West ., ,_ Africa Police armoured units, according -to well-informed sourcesI patrolain their dreaded CASSPIRS mounted with heavy guns. Such CASSPIRS, the reports state, carry no registration number plates , and the-ir very presence is a source of fear for the people. According to verified sources , several reports have been made to the United Nations Transition Assistance Group (UNTAG) about the violent harassment of Namibians by those troops. Those reports might have prompted the Special Representative, quoted by The New York Times of 26 July 1989, to say that the conduct of the Koevoet elements "raises grave doubt . . . as to whether conditions are established which will allow free and fair elections". The reports point incontrovertibly to a dangerous trend, which, if not reversed, reversed, might well defeat the goal of free and fair elections as required by resolution 435 (1978). (Mr. Dumevi, Ghana) In anticipation of the current debate in the Security Council, the Administrator-General has announced that he will remove 1,200 metiers of the Koevoet from SWAPOL and also confine them. That constitutes an-improvement on the situation which had obtained in the Territory, but it is our view that it is no less illegal. Resolution 435 (1978) requires that the counter-insurgency unit of Koevoet should be disbanded, and nothing short of that would be legal. To agree to the confinement is to agree that South Africa can again have recourse to its services during the transitional period. As if those matters were not enough, the South African authorities continue to deny SWAP0 the opportunity and the necessary facilities to reach the Wamibian public, through the electronic media in particular. The Namibian settlement plan requires that the electoral machinery grant "all political parties and interested persons, without regard to their political views, a full and fair opportunity to organize and participate in the electoral process". (S/12636, para. 6) Reliable reports have it, -however, that as part of official propaganda strategyr radio and television in Namibia are under firm instructions not to report any news item favourable.to SWAPO. In his address to the Namibian political and civic leaders in Windhoek on 19 July, the Secretary-General is quoted as having raised, among other& the issue of the full impartiality of the official media during the transition period. The Secretary-General is also reported to have pointed out that "it is essential to the process of free and fair election that radio and television play their role in a non-partisan manner". Biased reporting by the official media with the purpose of discrediting, a major political party in the electoral contest constitutes a serious breach Of the stipulations. (Mr. Dumevi, Ghana) Nor have the South African authorities repealed all the repressive and discriminatory laws, as required by the settlement agreement. Although some of the discriminatory laws have been repealed, the notorious AG.8, the-corner-stone of racial and ethnic discrimination in Namibia, is still in force, we are informed. Furthermore the rmch-vaunted amnesty, we are told, is restricted to SWAP0 exiles Only, leaving domestic political opponents to be victimixed, with a view to deterring them from exercising their full electoral rights in accordance with the settlement plan. i (Mr. Dumevi, Ghan?). A close study of the Voter Registration Law of May 1989 and the draft constituent assesbly proclamatiOn of 21 July reveals serious flaws that are contrary to the Council's intentions expressed in its resolutions On the subject and would be unacceptable to most States Metiers of this Organization, including members of the Council. The Registration of Voters Law, for instance, provides for the registration of non-Namibians. This has made it possible for thousands of. South Africans, apparently as an official strategy to amass vOtes which could counter any possible SWAFO majority at the November elections, to be registered as voters and eligible for electiai to the constituent assembly. Proposals by SWAPO, the churches and the trade unions on the draft Voters Registration Proclamation were rejected, contrary to the established practice. The reports raise serious questions deserving of thorough examination. Serious questions have also been raised about the impartiality of the Administrator-General, particularly in the Administration's selective treatment Of the pOlitica parties and the%r followers. In a welcome address to a delegation from the European Community in Oniipa, on 28 June, the Iutheran Church leadership canplained about restrictions imposed by the Administrator-General on the work Of the Church's repatriation , resettlement and reconstruction programmes. The Administrator-General has charged that the Council of Churches in Namibia is a "front for SWAPOa. In a press release dated 28 July 1989, an international Catholic delegation also commented that 'there appears to be flagrant disregard for even the basic considerations of fairness when the South African authorities appoint as chief registration officer an fndividual involved in a strategy for undermining one Of ,the political parties in the elections". After several years of bitter conflict, fear and distrust amarig tile Namibians are perhaps unavoidable. But this should not be an excuse for looking.On while the (Mr. Uumevi, Ghana) present state of affairs continues. The price that will be paid by Namibians and the international community alike if we do not ensure free and fair elections'will'. be ta see the Territory enter another phase of violence and political Struggle- Most of the violations of the United Nations settlement plan are happening in . northern Namibia, where, it should be pointed out , me half of the Namibians live. It is the area hardest hit by 6th Africa's illegal occupation and, indeed, the home of most of the Namibian returnees. It is also the area where South Africa has sown the most pervasive discord and tribal animosities. It follows that the success of the United Nations settlement plan in the Territory as a whole hinges on the dexterity of the Council in handling the present unacceptable situation and ensuring that the electoral process is beycnd reproach. We therefore call upon the Security Council to take the appropriate steps tc prevail upan the South African Administration in Namibia: First, to scrupulously respect the provisions of the United Nations settlement Plani , Second, to take immediate steps to femove and disband the Koevoet elements from the Sczlth West Africa Police (SWAFOL); Third, to institute appropriate measures to stop and prevent the further harassment of SWAP0 supporters; Fourth, to strengthen'the powers of the Secretary-General's Special Representative to enable him effectively to control the situation for the dura,tion of the settlement plan period, especially the close monitoring and restraining of South African security agents by-the United Nations Transition Assistance Group STAG) against possible excesses; Fifth, to extend equal opportunities and facilities & all political p&ties, 'including SWAFO, consistent with resolution 435 (1978); (Mr. Dumevi, Ghana) Sixth, to institute appropriate measures to repeal all remaining repressive and discriminatory laws, including the infamous AG.8, as stipulated by the agreement; Seventh, to review the Voter Registration Law and the draft constituent assefily proclamation of 21 July, with a view to eliminating present flaws which allow South Africans and others to register and vote. The review should also restore eligibility to all Namibians who were convicted by the South African Administration for political reasons. In conclusion, I should like to assure the Security Council of Ghana's continued support for the efforts of the United Nations in the spirit of the historic partnership that we have forged over the years in dealing with colonial Territories. At stake in the regrettable development in northern Namibia are the principles of self-determination , equality and non-discrimination in southern Africa. We urge the Security Council , in particular its permanent metiers, to rise on behalf of the international community to the challenge of this critical hour and ensure that no action of friend or foe undermines the Namibian independence arrangements. The PRESIDaT (interpretation from French)t I thank the representative of Ghana for the kindewords he.addressed to me. The next speaker is the representative of Mauritania. I invite him to take a place at the Council table and to make his statement. Mr. CULU MOHAMED MAaOUD (Mauritania) (interpretation from Frenchjr Geographical proximity , which the late olof Palme of Sweden used tisay accounted for 95 per cent of foreign relations, is not the only bond that unites Mauritania 'and Algeria. Our two countries, Mr. President, have many ties: both belong to Islam, the League of Arab States, the Organisation of African Unity- @AU) and the (Mr. Ould Mohamed Mahmoud, . . Mauritania) Union of the Arab Maghreb, of which they are founding members. Our peoples naturally take the same approach and share the same concepts of honour and freedom. For those and other reasons, and because of your own qualities, Sir, my delegation is convinced that Africa - indeed, the metiers of the Council - can rest assured that the Algerian delegation will effectively and responsibly carry out the tasks of the presidency. We are pleased that they have been entrusted to youI Sir, and we extend our sincere congratulations. We also wish to congratulate your predecessor, Ambassador Dragoslav Pejic of Yugoslavia, for the wisdom and canpetence with which he led the Council's deliberations last month. The signing on 22 December last year in New York of the agreement an the implementation of the process for the independence of Namibia, contained in resolution 435 (1978), and the subsequent adoption of resolutions 629 (1989) and 632 (1989) were a source of enormous relief and raised great hopes in the international comnunity. After years of foot-dragging and dashed hopes it seemed as if all obstacles to genuine liberation of the Namibian people had been overcome. Unfortunately, that is not yet the case. Mauritania has always supported just causes; hence we do not think it pointless t0 recall that ours was one of the first countries to support and defend liberation movements. The head of the Mauritanian State, Chairman of the OAU in 1971, had the honcur to come to the United Nations to describe the situation in south-western Africa. Accanpanied by the leader of the South West Africa People's Organisation (SWAPO), brother Sam Nujoma, he also made a tour of western Europe to stimulate an awareness about the Namibian struggle, the first major step of its kind in that important region of the world. Last year my Government had the honour to welcome the Second Preparatory Meeting on Proceedings against Apartheid, held under the patronage of, the current Head of the Mauritanian State. Hence our delegation fully endorses what has been said here by preceding speakers in stressing that it is important to act, and to act quickly; to counter any move which could prevent implementation of the Agreements concluded on the independence of Namibia and on peace in the south-west of Africa. We call on members of this lofty body to adopt all necessary measures to guarantee the accurate and comprehensive implementation of resolution 435 (1978). In conclusion, we wish to pay tribute to our Secretary-General for his tireless efforts to avert a joyful event that does honour to the United Nations - that is, Namibia's forthcoming independence - from becoming a nightmare fur the ~ 1 : ., .,. . . Namibian people and a deep disappointment for the international community. The PRESIDENT (interpretation from French)8 I thank the representative of Mauritania for his kind words addressed to me. The next speaker is the representative'of South Africa. I invite him to take a place at the Council table and to make his statement. Mr. SHEAHAR (South Africa): The South African delegation-had hoped that its opening statement on 16 August would have clearly demonstrated not only my Government's commitment and that of the Administrator-General and his staff to the scrupulous, impartial observance of Security Council resolution 435 (1978) but also the practical steps that they have taken to honour the obligations imposed upon, them. It was emphasized that these steps were taken either to the satisfaction of the Special Representative. , such as the discharge of second tier authorities last March, or in consultation with him. The latter include the Proclamations on (Mr. Shearar, South Africa) Amnesty and Voter Registration, the abolition of discriminatory legislation which could hinder free and fair elections - which is itself an ongoing process - the release of political prisoners, the withdrawal of South African-Defence Forces (SAUE) troops ahead.of schedule, the disbanding of the ethnic forces and, most recently, the decision of the Administrator-General to remove the former metiers of the police counter-insurgency units from duty and confine them to base, under United Nations Transition Assistance Group (UNTAG) monitoring. Success is demonstrated by the registration so far of over 86 per cent of the estimated number of eligible voters and the return of over 90 per cent of the 41,000 Namibian expatriates registered with the United Nations High Commissioner for Refugees. There have.been numerous allegations of irregularities in these procedures. They have not been.echoed by the Special Representative, although he has at his disposal several thousand aides, who have been in place.since the start of the implementation process and who exercise constant surveillance. Those who suggest he is being sidelined sadly misjudge the man that the Secretary-General has chosen to represent him. Alternatively, they have a very special interpretation of the meaning of the word 'impartiality", Many participants in the debate have conmented on the fact that South African residents are registering as voters. Absurd numbers have been conjured up by the South West Africa People's Organization (SWAPG): I am authorized to advise the Council that they are not expected to number more than 5,000 out of.a total estimated voter eligibility of about 667,000. The Permanent Representative of Ghana has rightly pointed out that %amibian citizenship,.as such, does not exist'. A reasonable definition for voter eligibility had therefore to be found. It.was adopted after detailed negotiation (Mr. Shearat, South Africa) with the Secretary-General’s Special Representative. All who qualify are entitled to register. Residents of other countries qualify and are allowed to register. Qualified residents of South Africa must also enjoy that right f otherwise, the impartiality rule would be’transgressed. The Registration of Voters Proclamation provides in Section 3 that a member of the South African Government service seconded to the Territory, who has resided there for a continuous period of at least four years, may register as a voter, but only if he makes a sworn statement that he intends to remain in the Territory after independence. The,number of persons who could qualify to register under U-is provision is 423: 81 civil servants, 221 SABE personnel currently confined to base and 121 members of the Police Force. Many of them have lived in Namibia for 15 to 20 years, own houses there and regard themselves as true Namibians. They are the very people that SWAP0 has called upon to stay after independence and promote the well-beingof the fledgling State. Now it seems they should not vote because they pose a-serious threat to SWAPO’s election chances; We are looking at 5,423 People at most. If four fifths of 1 per cent of eligible voters mean the difference between victory and defeat, then yet another of SWAPO’s unverified claims becomes deeply suspect. But then it is for the Namibian people themselves to designate their authentic’representatives through the ballot box. Much has been made of the draft Proclamations on the electoral process and the Constituent Assembly. Since these drafts are being re-examined in the light of comnents received and will be finalized only after negotiation with the Special Representative, to discuss themin detail now would be an academic exercise. Suffice it to say that the drafts only envisaged that the Administrator-General would chair the Constituent Assembly until it had elected its own President. They (Mr. Shearar, South Africa) do not provide him with a veto over the Constitution's provisions. That allegation is a misreading of section 2, paragraphs.3 and 4, which are themselves subject to re-examination and revision. All of the cozrnents will be considered carefully , including those of the Organization of African Unity (OAU). Some have been helpful: the Council has heard the Permanent Representative of Canada describe his country's input. But Canada is a Western nation. Other participants in the debate represent African nations, much more closely attuned to the needs of an electorate such as that in Namibia. Contributions from some of them, the representatives of, say, Ghana, Nigeria, Ethiopia;for example , on the procedures followed to ensure free and fair elections in their countries could have been both positive and helpful. The attention of the Council has been drawn to the reports of observers and visitors from outside Namibia. Many are quoted as reliable simply because they are condemnatory of South Africa and, indeed, of UNTAG. Unfortunately, most emanate from persons with preconceived ideas who, unlike the Special Representative and his staff , visit Namibia for only a week to 10 days simply to confirm their preconceptions. They have one thing in common: they echo the SWAPC allegations without question. They lack objectivity and their comments should not be allowed to cloud the Council's deliberations. But why has the list of SWAPC detainees - detainees or victims - recently published through the representative of the International Committee of the Red Cross in Windhoek, or his complaint that SWAP0 is dissimulating many of'the 204 to which it finally admitted after many denials , among its returning supporters, not -been brought more pertinently to the Council's attention? Do these matters not fall within its concerns? .The requests for an urgent meeting of the Council have been belied by a protracted and leisurely debate. It confirms what we have known all along: that arrangements for the holding of free and fair elections are proceeding steadily in Namibia within the terms of resolution 435 (19781, to the satisfaction of the. Special Representative, the man on the ground.

There are no other speakers for this meeting. The next meeting of the Security Council to continue its consideration of the item on its agenda will take place tomorrow morning, Tuesday, 22 August, at.lO.30. The meeting rose at 5 p-m.