S/PV.852 Security Council

It is indeed a painful duty to have to take part in this meeting of the Security Council-the first time I exercise the privilege of representing my country as a member of this august body, but it is an occasion when we shall have to consider very carefully the heavy responsibility which rests on us as members of the Security Council. "We cannot help but express our deep concern at the recent incidents inSouth Africa. Consequentupon demonstrations by African crowds against the obnoxious pass-laws which are part and parcel of the policy of "apartheid" and racial discrimination, African police openedfire on demonstrators. Reports indil(late that over 70 people have been killed and 200 injured. The circumstances of the shootings indicate a denial of human rights and of elementary justice. Many nations have therefore raised their vJices in sorrow as well as in anger. We, for oui' part, extend our sympathy to the African people and express our dismay at these unfortunate shootings. We have rejected and continue to reject and condemn the policies of racial supremacy and racial segregation." 3. I have also been given by this month's chairman of the African--Asian group a telegram which he has received from the secretary-general of the African National Congress of Johannesburg drawing attention to their great desire for effective action, as a result of the meeting of the Security Council today, in a situation which they describe as most critical. This telegram was probably sent after the more recent events that we have read of in today's newspaper reports. . 4. Before I go on to discuss the question of substance, I should like to spend a briefmoment or two in dealing with the question referredto by some ofour colleagues in the reservations they made on the question of the competence of the Council to deal with the question before us. I should like in this regard to refer also to the statement made by the representative of theUnion of South Africa. I had hoped very much that the representative of the Union of South Africa would be here to consider the expression of views by some of the othe1\ members of the Security Council, and not only the members of the Council itself but those repl'esentatives who have been invited to take their seats here, as indeed he himself was invited. It is certainly a disappointment, to say the least, that our colleague felt that all he hadto do in regard to so grave a matter and so vital a question was to try to prevent the Security Council from discussing it and, if he failed, to play no further part in the solution of a question which affects his country as much as the rest of the world. It would perhaps have beenmore satisfactory andmore in keeping with the responsibility and dignity of this Council itself if he could have takenpart in the further proceedings of our work. 5. Inasmuch as he raised the question of the incompetence of the Council to deal with this question, I feel that I should say a few words to controvert his position. 6. In the first place, we do not dispute at all the validity of Article 2, paragraph 7, of the Charter. That is an Article which we recognize as inscribed in our 7. At the same time, however, it is quite clear that the framers of that Article 2, paragraph 7, could not have, in their wildest dreams, imaginedthatthe enactment of that Article would result in thecomplete prevention of the right of the United Nationsitself to deal with those situationswhich amountedtoa contradiction, or a reversal even, of the principles embodied in the Charter. Our contention, therefore, is simply that the provisions of Article 2, paragraph 7, could not apply when the question arose as a result of action taken by any Member State which was contraryto the principles laid down as part of the purposes andprinciples of the Charter. In fact, the letter of the twenty-nineMember States [S/4279 and Add.1] refers to a situation which might lead to international friction or give rise to a dispute, and it also refers tothefact that in that situation there are grave potentialities for international friction, which endanger the maintenance of intel"" national peace and security. tion there are grave potentialities for international friction, which endanger the maintenance of international peace and security. 8. Now, if a situation is likely to result in international friction and to create the danger of challenging the maintenance of international peace and security, then it is difficult to understand howany Article of tbe Charter--Article 2, paragraph 7, or any other Articlecould prevent any organ of the United Nations from taking such action as is necessary to prevent any Member State from acting in such a way as to endanger international peace and security. 8. Now, if a situation is likel,. to result in intel"" national friction and tocreatethe danger ofchallenging the maintenance of international peace and security, then it is difficult to understand howany Article of the Charter-Article 2, paragraph 7, oranyotherArticlecould prevent any organ of the United Nations from taking such actionas is necessaryto preventany Member State from acting in such a way as to endanger international peace and security. 9. Therefore, it is clear that, in the very circumstances of the case whichwehaveheforeus, Article 2. paragraph 7, of the Charter is not applicable. It is certainly applicable to any situation which concerns the internal and domestic affairs of a country. There are many instances we cari think of which deal with the purely domestic interests of any country; any legislation which a country might have the competence to pass which is not in conflict with the essential principles and purposes of the Charter couldbe deemed to be a matter within the interna1 anddomestic sphere of that country, and no one would be entitled to interfere in such a situation. But when a country acts in such a way that its actions conflict wltb tbe principles and purposes of the Charter, then it is idle to deny to the Organization or to any of its organs the right to intervene. That is the position which we should like to submit. 9. Therefore, it is clear that, in the very circumstances of the case whichwe havebeforeus, Article 2, paragraph 7, of the Charter is not applicable. It is certainly applicable to any situation which concerns the internal and domestic affairs of a country. There are many instances we can think of which deal with the purely domestic interests of any country; any legislation which a country might havethe competence to pass which is not in conflict with the essential principles and purposes oftheChartercouldbe deemed to be a matter within the internal anddomestic sphere of thatcountry, andno onewouldbe entitled to interfere in such a situation. But when a country acts in such a way that its actions conflict with the principles and purposes of the Charter, then it is idle to deny to the Organization or to any of its organs the right to intel"" vene. That is the position which we should like to submit. 10. The proportions to which the situation in tbe Union of South Africa has developed have made this subject one of international significance: as an example, any violation of human rights-and 1 need hardly quote the preamble or Article i of the Charter inorderto bring before the Council the fact that certain fundamental human rights have been prescribed as tbe inalienable rigbt of ail Member States, and indeed of all human beings in all parts of tbe world, human rights which accord with the dignity andworth of the human persoF muet be considsred as entitling us to intervene. Thus, the competence of the United Nations to consider the 10. The proportions to whichthe situationintheUnion of South Africa has developed have made this subject one of international significance: as an example, any violation of human rights-and I need hardly quote the preamble or Article 1 of the Charter inorder to bring before the Council the fact that certain fundamental human rights have been prescribed as the inalienable right of all Member States, and indeed of all human beings in all parts of the world, human rights which accord with the dignity andworth ofthe human personmust be considered as entitling us to intervene. Thus, the competence of the United Nations to consider the "South Africa's argument is that the General Assembly is not competent to deal with the question of the racial situation in the country for a number of reasons; some, based on Article 2, (7) ofthe Charter and the relevant preparatory work atSanFranciscoj others, on Articles 55 and 56."1I 12. I should like in this connexion to quote Article 55 c: "With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples, the United Nations shall promote: "b.••• "c. universal respectfor, and observance of, human rights and fundamental freedoms for allwithout distinction as to race, sex, language, or religion." Then, the Member States proceededto draftArticle 56, as follows: "All Members pledge themselves to take joint and separate action inco-operationwith the Organization for the achievement of the purposes set forth in Article 55." 13. I should like to draw the Council'S attentionto the fact that the Union ofSouthAfricawas a founding Member of the United Nations and was not only responsible for the drafting of these Articles, but also signed the Charter at the San Francisco Conference. Itis, therefore, difficult for us to understand how anyone who had signed what might be considered a multilateral treaty and accepted its contractual obligations could be heard now to say that any country which was a Member State, including his own, couldignore all these important principles affecting human rights and reject them because of Article 2, paragraph 7, under which it can claim protection. It would be very strange if anyone permitted that construction. 15. The report of the Commission further continues to elaborate that interpretation in thefollowingwords: "The General Assembly, or any other competent organ, is authorizedto discuss human rights, address recommendations of a specific nature to the State directly concerned, and undertake or initiate a study of the problem. There is, however, no legal obligation to accept any such recommendation. The prohibition in Article 2 (7) refers therefore 0013' to direct intervention in the domestic"-and this is a point which I wish to emphasize-"economy, socialstructure, or cultural arrangements ofthe State concerned but does not in any way preclude recommendations or even inquiries conducted outside the territory of such State."Y 16. The report furthermore underlines the conclusion that any interl!retation withholding human rights from the United Nations field of action by reason of Article 2, paragraph 7. would render nugatory the relevant provisions of the Charter concerning human rights and fundamental freedoms. In other words, if we were to accept that contention we might as well consider the United Nations itselfas non-existent, becausewe would be attacking one of the most important principles laid down in the United Nations Charter, namely, theprinciple relating to fundamental human rights. 17. I could go on to examine this matter further, but I do not wish to delay themeeting any longer. The fact that the President decided to consider the agenda adopted without any discussion and that the members of the Council refrained from disputing the Council's competence should be sufficient evidence to ensure that, in the general opinion, Article 2, paragraph 7, does not preclude the Council from discussing this subject. 18. If I may now, for a brief moment, try to look at the substantive problem which is engaging our attention, I should like to begin by drawing the attention of the Council to the lact that segregation as a racial policy of the Government of the Union of South Africa is not a new one but has been in existence for many years. It has been the subject of bitter criticism, and not only within that country. Fortunately we have to recognize the fact that there are some white South Africans of very liberal views, and men of good will, who, despite very grave difficulty, have not failed to dispute the activities of the Nationalist Government of the Union of South Africa. These men andwomen have been an honour to all democratically minded and freedom-loving peoples all over the world. With great difficulty they have espoused the cause of the downtrodden and inarticulate African, and all honour to them. But it is clear that, in spite of the criticism within that country and outside it, and, infact, throughout the rest of the world, this policy has continued within South Africa for a long time. Ithas also evoked condemnation from all men of good will as something which is ugly, almost indecent and contrary to the 20. The United Nations has been patient an.d has treated the Union of South Africa with great restraint in the hope that its Government wouldbe influenced by repeated requests for the abandonment of this obnoxious policy. It had been hoped that good sense and good judgement would be applied in the consideration of this matter. and that moral and Christianprinciples would stir the conscience oftheleaders ofthe Government of the Union of South Africa. but. alas. they have treated the United Nations over the years with scant courtesy; they have continued to disregard the principles and purposes of the Charter. and they have spurned. almost haughtily. the recommendations made by our General Assembly. 21. In the meantime there has been growing in South Africa. among the African people. a sense of frustration and deep resentment. This has been accompanied by a mounting consciousness of African nationalism. a desire to shake off the shackles which now bind them and which make them second-class citizens. or even worse. Outside South Africa. too. the conscience of the world has been troubled by the atrocities perpetrated in the name of "apartheid" and by the denial of human rights by a State member of what is called -known and accepted as-the free world. 22. Strong criticism of the South African Government has come from many parts of the world. including Europe and the North A:rrerican continent. Wise and discerning men read accurately the writing on the wall and. in their friendship for South Africa. they have come out into the open and warned the Government of the Union of the danger to themselves and to international peace ifthey continuedto pursue their policies. "We have seenthe awakening ofnational consciousness in peoples who have for centuries lived in dependence on some other Power ••• Today the same this is happening in Africa. The most striking of all the impressions I have formed since I left London a month ago is of the strength of this African natiCJnal consciousness. "As I have said, the growth of national consciousness in Afriea is a political fact andwe must accept it as such. :r sincerely believe that if we cannot do so, we may imperil the precarious balance of East and West on which the peace oftheworld depends .•• Let me assure you in all friendliness that we ••• have acted and will act with full knowledge ofthe responsibility we have to you and to all our friends. Nevertheless, I am sure you will agree that in our own areas of responsibility we must each do what we think right.•.Our judgement of right and wrong and of justice is rooted in the same soil as yours in Christianity and in the rule of law as the basis of a free society. This ••• explains whyit has beenour aim, in the countries for which we have borne responsibility, not only tD raise the material standards of living but to create a society which respects the rights of individuals, a society in which men are given the opportunity to grow to their full stature, and that must in our view include the opportunity to have an increasing share in political power and responsibility; a society in which individual merit, and individual merit alone, is the criterionfor man's advancement, whether political or economic." He continued: "Finally, in countries inhabitedby several different races, our attitude was clearly expressed by the Foreign Secretary, Mr. Selwyn Lloyd, speaking at the 798th plenary meeting of the General Assembly on 17 September 1959. These were his words: "'In those territories where different races or tribes live side by side, the task is to ensure that all the people may enjoy security and freedom and the chance to contribute as individuals to the progress and well-being of these countries. We reject the idea 24. I have taken pains to quote this because I would like to point out that the problem we have before us is really not the problem of the shootings, however grave that is. It is not the problem of a few people killed and some more injured, however grave that problem is. In fact, it was quite right, as the representative of the Union of South Africa pointed out-wewillfreelyadmit it-that shootings of this kind, civil commotion and disorder, are things which are known to happen in all parts of the world. The only difference is that where these things happen in other parts of the world, they happen as a result of either a suddenupsurge of emotion or of wrongful decisions taken by somebody in regard to certain matters. The difference between those cases and the one in the Union of South Africa is that the disturbances in the Union must be connected with, and are definitely traceable to, the actual policy which the Government has adopted; these disturbances arise from the attempt to enforce that policy, which is resisted by the people as a denial of human rights. That is the difference. 25. Therefore, here we have a case when the adVice given by the Prime Minister of the United Kingdom should have been heeded by the Government of the Union of South Africa. I can only say that Mr. Macmillan spoke very politely but very firmly, and in a statesmanlike manner. He was warning the South African Government of the danger that lay ahead in the path the Government was following. 26. I would like now to refer to the other warning I mentioned. I would like to quote the following paragraph from the report of the Santa Cruz Commission: "As the 'apartheid' policy develops, the situation it has made is being constantly aggravated and daily becomes less open to settlement by conciliation, persuaSion, information or education, daily more explosive and more menacing to internal peace and to the foreign relations of the Union ofSouth Africa. Soon any solution will be precluded and the only way out will be through violence, with all its inevitable and incalculable dangers. Moreover, in this atmosphere of growing tension there is a danger that the forces of agitation and subversion, which the Government is resisting by strong legislative measures, will find an increasingly favourable soil .•. "21 27. What a prophetic utterance. Violence has already been resorted to six years after that statement was written by this Commission which had examined the whole question of the racial situation in South Africa. 'JJ Ibid., Eighth Session, Supplement No. 16 (A/2505 and Add.I), para. 905 (~). 28. The Commission refers to violence as a way out, a way which people who are repressed, who are frustrated, undoubtedly will take in any human society. But we should prevent that violence. In this connexion, I think we might as well recall the statements which 'ral'e published in recent newspapers concerning the formation by certain leaders of Africa of what they call "the African legion", which they obviously intend to arm and train in guerrilla warfare. Whether it will be an accomplished fact or not I do not know. I hope not. But there is a grave danger that violence may be used as a way out, andthat is what we have to prevent. 29. Now this is the situation whichwe havebefore us, and, as I said before, it is idle to consider solely the actual result of the attempt to protest against these repressive laws which resulted in bloodshed and in a massacre of men, women and children, most of them probably innocent, even if some others were armed, and there is very little evidence of this. In any case, we all deplore what happened, but we have to go behind that. We have to consider this violence as a symptom and a manifestation of a deep malaise which has afflicted the body politic of the Union of South Africa. 30. This, as I have said before, is a complete denial of what we all accept as a democratic way of life, of what we all accept as the fundamental human rights to which we are entitled. It is for us to see that there is no continuation of this denial of human rights and freedom. Today, the African people, if I may say, the native or black African people of the Union of South Africa, may be powerless. It may be possible to use the authority and the power of the Government of the Union, aided by all the military force which it has at its command, to enforce these repressive laws, to give effect to these unreasonable practices andto deny these peoples the rights to which they are entitled, to deny them the right to own property, for instance, and to introduce laws such as the Group Areas Act and other laws which make a distinction between one member of the territory and another with regard to certain rights, such as where to live, how to live and what to do. 31. These repressive measures undoubtedly can be enforced for a limited period by the use of the force which is at the command of any Government, but the question is whether the force ofthis new-born national consciousness, not only in South Africabut in all parts of Africa, can be for long resisted, whether it will not become a tide which will roll on with unabated force and energy, carrying away all resistance in its path. We have heard recently of the wind of change that is blowing, but if we do not beware, that wind of change will very soon become a hurricane of great force, a hurricane that will leave nothing but desolation, destruction and disaster in its wake. 32. Our appeal at this juncture, when this is the picture we have before us, is that there should be an 33. It may be urged that there canbe no hope for that. Certainly we see no silver lining in the dark cloud. Only this morning, as I said earlier, we had an indication of a lack of desire to join with us in pursuing this aim. But, after all, it is not asking too much. As I said before, among the people in the Union of South Africa there are liberal-minded people. After all, it is a Christian civilization which we have there, and the people cannot forget one of the greatestcommandments given to them: "Thou shalt love thy neighbour as thyself." In these days, no doubt, a reference to such matters needs an apology, but we must not forget that these are vital forces that still exist and that South Africa, if it remembers this, will be able to join with us in finding a way in which charity will take the place of hatred and trust and co-operation will take the place of fear and suspicion. 34. We quite undel'stand, in one way, South Africa's difficulty in creating one supreme, superior society, so that South Africa should be under the complete control, politically and economically, of the white African minority. Obviously that minority fears that if they do recognize fundamental human rights and give freedom and the right to vote to all the people, and take them into one community, there is a danger of 10 million people swamping a small group of 3 million. Undoubtedly they have that fear, but it is not possible, because of that fear, to deny what are recognized as basic human rights. One cannot be allowed to revert to the days of slavery or to create in the reserves a different set of human beings with a different value placed upon them, whetherby restricting certain areas to certain types of work or by limiting the amenities of life to which human beings are entitled. One cannot be allowed to do that kind of thing, but if that is the way in which South Africawants to preserve its identity-at the risk of denying to a majority the rights which those people should have-then neither this Council nor any democratic body could tolerate such conduct. 36. But nothing would give them title to deny to the others the right to share in the wealth that has been created by their energy and their capacity. That must be shared by all. That is the position we would like to put before the Council. If that 'Were recognized, the present troubles could never again take place. There would be a period of peace; there wouldbe a period of understanding; there would be a peace born out of Christian charity in this land and all would work together for the betterment of everybody and the good and happiness of all the people in South Africa. That should be the purpose of the Security Council. Our responsibility will be adequately discharged if we can only find some way in which to bring about, not all of this but something which will lead in the direction of harmony and good will and a unified attempt to work together. droit plir bonne

If no other member ofthe Council wishes to speak at this point in the proceedings, I shall call upon the representative of India.

I should like first of all to express the deep appreciation of my delegation to the Security Council for its courtesy in inviting us to participate in the discussion on the matterwhichIndia and twenty-eight other nations have brought to the urgent attention of the Security Council. porte 39. At this stage I would like to confine my statement to what I might call the substantive aspects of thIs question. That is to say, I shOuld like to elaborate OIl my Government's approach to this question, 011 the llraison d'@tre" of our complaint to the Security COL1- cil, and I would seek permission at a later appropriate stage to speak in more detail onthe question of competence and any other question that may arise i.n the course of the discussion. voit au detail question 40. The substance of this matter is clearly embodied in our letter to the Security Council [S/4279 and Add.I]. The letter is brief and we believe that the brevity was appropriate in view of the fact that all members of the Security Council are equally aware of the facts of the grave situation that has been caused by the mass killings of peaceful demonstrators in the Union of South Africa and they share the concern of all of us. The issues and dangers posed by the incidents and developments of a few days ago transcend the considerations of geographical location, political ideologies and alignments, and threaten to engulf us all in enormous tragedy and impending catastrophe. dans Add.I]. bri~vete membres grave festants partagent dangers derniers tion tique, vaste 41. gouvernement de Sharpeville, africaine, de foule Les 41. May I be permitted to restate the facts that my Government has thought fit to bring to the notice of this important body. A week ago, at Sharpeville, near Vereeniging in South Africa, a crowd of 20,000p~ace­ fu1 and unarmed demonstrators were mercilesslyfired upon by sub-machine-guns and other automatic weapons. Official South African figures indicated at first 72 persons dead and 184 injured, but unofficial 42. According to The Times of London of 22 March: "In Cape Town on the 21st March, thousands of Africans in the main townships reported at police stations without passes. They queued up to have their names taken and will appear in ccurt under the pass laws later this week. 11 43. I may add, in parentheses. that this is a well known technique of non-violent non-co-operation and passive resistance perfected by Mahatma Gandhi, architect of Indian freedom, with which we in India are familiar and which is being increasingly adopted by downtrodden people everywhere. 44. According to The Times of London, again of 22 March: "During the day a squadron of Sabre jets swooped over the heads of the thousands of demonstrators in several townships.1I And further, describing what happened at Vereeniging, The Times goes on to say: IlQuite suddenly there werebursts offiring, chiefly from Sten guns, and the mob scattered, leaving about 80 people sprawled on the ground in a growing pool of blood ••• Mr. Charles Channon, a Press photographer with long war experience, described the scene as the 'bloodiest' he had ever seen. 11 45. As if this was not enough to show the merciless and callous attitude of the Government of the Union of South Africa, The New York Times of 22 March reported: IIA senior police official said: '1 don't know how many we've shot. If they do these things they must learn the hard way. ' 11 46. And even after all this, the PrimeMinister of the Union of South Africa, Dr. Verwoerd, spoke in the South African Parliament on 22 March inthe following strain: IIThese disturbances were a periodic phenomenon and had nothing to do with poverty and low wages ... His"-the Prime Minister's-lIfirst dutywas to thank the South African police on behalf of the House and the people ~or the courageous. efficient way they handled the situation. The police at times found it difficult to control themselves, but they had done so in an exemplary manner. 11 Some control indeed. However, I do not wish to comment on this. 47. On 25 March. the Government of the Union of South Africa issued a statement in London saying that the demonstrations of Monday. 21 March. in which 48. Let us go back to The Times of London of 22 March which, referring to the incidents atVereeniging, said that, after some shooting in the morning in which one African was killed and anotherwounded, there was some stoning of armoured police cars. There was no mention of any firing of shots by the demonstrators. No story published in the major newspapers after the incidents refers to any injuries to policemen, though the latest official version available in this morning's papers talks of seventeen policemen injured. The nature and extent of their injuries are not stated, ~'1d it took nearly a week, or perhaps more than a weeK, to find out that seventeen policemen had been injured. The Times story went on: " •.• the police had brought a dozen armoured vehicles to the police station and there was a large crowd near the police station shouting 'Africa, , Africa' ••• Suddenly"-and this is an important expression-"there were bursts of firing, chieflyfrom Sten guns, and the mob scattered, leaving about 80 people sprawled on the ground in a '" pool of blood." It is clear that the Union Government's allegationthat the demonstrators fired shots at the police, to put it mildly, is only self-exculpatory, in view of the rising tide of world opinion. 49. Here, if I may, I should like to digress a little in the context of the statement that was made by the representative of the Union of South Africa this morning, in which he gave a very different picture of what has happened. About half an hour ago, I received a telegram from the Secretary-General of the African National Congress, which reads: "Deputy President African National Congress Oliver Tambo left South Africa to appear in person Security Council riot situation." Mr. Tambo has evidently not arrived, but I am sure that when he comes here-and if he petitions the Security Council, and the Security Council in its wisdom grants him a hearing-he will have a very different story to tell. I thought I ought to mention this, because we have had a one-sided version from the representative of the Union of South Africa, a version which is not corroborated by the newspapers published in this country or in other countries. 50. Anybody who chanced to see the National Broadcasting Company's television programme on Sunday last will have at once been convinced of the remarkably peaceful and disciplined nature of the demonstration by the thousands of Africans. It is unbelievable that such a crowd should have fired on the police or 51. It is clear to my delegation, as it should indeed be to the members of the Security Council, that for daring to defy the pass laws the Government of the Union of South Africa was determined to teach the demonstrators a lesson by the naked use of force, of which the flying of Sabre jets over the demonstrating crowds and the use of armoured cars and machineguns are conclusive evidence. 52. I may add that according to the same television report, Sdch of the demonstrators at Vereeniging as had escaped death and been arrested were taken from the fire to the frying pan-they were sentenced to whipping, from eight to ten strokes each. 53. According to newspaper reports, during the nation-wide observance of mourning by Africans in the Union of South Africa two days ago, althoughthe demonstrations were by and large peaceful, at some places and in some instances there were clashes betweenthe police and demonstrators. However regrettable this may be-and you very well know, Mr. President, that my delegation is against the use ofviolence by anybodY in any form-the eruption of some violence during nation-wide demonstrations of this kindwas inevitable as a reaction to the Government's action on 21 March and their repressive regulations subsequently enacted banning the processions and meetings throughout most of Africa. Violence breeds violence, and that is the danger in all such situations. If it is a fact that the Union Government now finds the African population in an angry and violent mood, they can lay the blame squarely on their own shoulders. 54. As a matter of fact, Africans are determined to vindicate their rights; they are resorting en masse to passive resistance. The Government A the Union of Sou.th Africa shows determination by word and deedto suppress all agitation against racially discriminatory and segretationist laws in a manner tantamount to massacre of innocent persons whose only crime is the colour in which they were made the image of God, and that they dare protest non-violently andpeacefully and even, in many instances, silently against laws which deny them the fundamental human rights and relegate them to the position of criminals and prisoners in their own homeland. 55. The menace of the situation has indeed mounted to the point of wholesale and open conflict. The Union of South Africa has indeed become a cauldronof racial hatred and violence. News has just been received that a crowd of peaceful African demonstrators, 30,000 strong, has assembledbefore the South African Parliament in Cape Town, and that a large number of armed forces have beencalledout. All over South Africa demonstrations and actions by the police are continuing. Q 56. When I say all this, Mr. President, I would like to assure you and the members ofthe Council that our 14 58. You have thus, Mr. PreSident, a situation replete with all the ingredients of a terrible explosion-the determination of the African people to vindicate their fundamental rights, and in doing so to sacrifice their lives; the determination of the Government to maintain its racial policies, even if that means killinghundreds of Africans; the determination of the white people of South Africa to use arms if necessary against the Africans to preserve the privilegedposition ofa master race in which their leaders, inside and outside the Government, have deluded them into believing; and last, but not least, the anger and humiliation felt by hundreds of millions of people onthe African continent and by non-white peoples everywhere. Who can then blame us for seeking the intervention of the Security Council to prevent such an explosion? 59. The situation would be dangerous enough if the consequences of th.e racial explosion couldbe confined within the borders of the Union of South Africa. It is our contention that eventhenthe United Nations organs, including the Security Council, would be competent to take cognizance of the situation as a potential cause of international friction, and recommend remedial action. The gravity of the situation, however, is greatly multiplied because of its international ramifications. 60. International opinion, both inside and outside the United Nations, recognizes that the racial problem, particularly in Africa, is now a concern of the entire international community. The intensity and the sustained character of the United Nations concern in this question since 1946, when India broughtto the attention of the General Assembly the item entitled "Treatment of Indians in the Union of South Africa", the fact that racial discrimination anywhere and particularly in South Africa stirs to the innermost depths tremendous masses of men. not only on the continent of Africa but elsewhere the emergence of a strong sense ofAfrican nationalism and African personality which is not prepared to tolerate the slightest ml:illifestation of racialism and assumption of superiority by any other people, are among the most striking events of our time. These are now a part of the ethos of the United Nations and represent currents and forces which the the world can only ignore at its peril. 61. The shooting down of large numbers of unarmed men and women would have been regrettable in any case; world opinion was bound to be moved by the killing of peaceful and defenceless demonstrators. But the killings inSouthAfrfca do not stand out in isolation. They are intimately concerned with and are indeed a 62. Here, if I may digress a moment, I must point out that the interpretation given by the representative of South Africa--I do not see him, to my great regret and misfortune, at the table, but I hope he will hear my voice somewhere-that there are no two parties in the present dispute facing each other for a war, is much too narrow and unacceptable as it does not conform to the concepts embodied in the Charter. Let me remind our South African colleague of what a great countryman of his, add one of the architects of the Charter, Prime Minister Field Marshal Smuts, said at a plenary meeting of the San Francisco Conference. I quote excerpts from FieldMarshal Smuts' statement: liThe new Charter should not be a mere legalistic document for the prevention of war. I would suggest that the Charter should contain at its very outset and in its preamble, a declaration of human rights and of the common faith which has sustained the Allied peoples in their bitter and prolonged strugglefor the vindication of those rights and that faith. "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 but that for us, behind the mortal struggle, was the moral struggle, was the vision of the ideal, the faith in justice and the resolve to vindicate the fundamental rights of man, and on that basis to found abetter, freer world for the future. "The peace we are strivingfor, andare taking such pains to safeguard, is a peace of justice and honor and fair-dealing as between man and man, as between nation and nation. No other peace would be worth the sacrifices we have made andare prepared to make again and the heavy responsibilities we are prepared to take under this Charter. 11 1/ 1/ United Nations Conference on International Organization. P/13. 64. The situation in the Union of South Africa has grave implications not only for Africa but for the rest of the world. Not only will it lead to racial bitterness and conflict in Africa, but it will create feelings of antagonism in all non-European countries and might violently upset the balance ofadjustment inmultiracial societies. I am sure it is not necessary for me to elaborate further on these obvious conclusions. Already international frictionhas beengeneratedbetween the Union of South Africa and many other countries because of its racial policies; and as the members of the Security Council know, as far back as 1946, India felt compelled to sever economic relations, and later to close its diplomatic mission in South Africa. Already the strongest feelings have been roused and there have been demands by the public andin the Press in African countries for reprisals, and even intervention, to save their kith andkin inSouth Africa from massacre. The countries which are members of the Security Council and the statesmen who represent them here should be fully aware of the explosive possibilities of the situation; and we hope that they will recognize the danger and apply remedial action. 65. World oplllion at any time and during any period of history can only be gaugedby expressions of opinion of leaders of Governments and leaders of public opinion and newspapers, and at the United Nations. I hope you will grant me the indulgence to place before the Council samples of such opinionwhich are germane to the issue before the Council. I can do no better than quote from the statement made by the PrimerMinister of India in the Indian Parliament a few days ago. ThiS, I need hardly say, can be taken, without a shadow of doubt, as an expression of the feelings and emotions of 400 million people of India, without distinction as to race, religion, creed or colour. Speakingbefore the Indian Parliament on 23 March, Mr. Nehru deplored the large-scale killings near Cape Town inSouthAfrica which, he said, "had shocked the conscience of the world, more particularly the people of Asia and Africa". The Prime Minister of India remarked: "Hundreds of millions of people of Asia andAfrica could never accept the spirit behind the large-scale killing-the spirit of racial mastery, the spirit of authoritarianis'll and segregation, etc." Mr. Nehru conth.ued: "Of course this is, as far as we know, a special happening that will almost affect the course of history. Here is Africa at the present moment in a resurgent, proud and defiant'mood afterlongcenturies of suppression. Many countries have become inde- If I may say so in all humility, events in South Africa since that statement was made have amply provedwhat Mr. Nehru said. 66. The Indian Parliament on 25 March, after a debate which was marked by dignity and moderation, and yet with a deep sense of the seriousness of the situation, adopted the following resolution: "This House deplores and records its deep sorrow at the tragic incidents whichhave occurredat Sharpeville and in Langa township near Capetown in South Africa on March 21, 1960, resulting inthe death of a large number ofAfricans from policefirings. It sends its deep sympathy to the Africans who have suffered from this firing and from the policy of racial discrimination and suppression of the African people in their own homeland." 67. Speaking on the resolution, the PrimeMinister of India said that the racial policies of the Nazi regime under which the Nazis claimed the right not only to suppress but to exterminate a race they considered sub-human, were being adopted and openly proclaimed in South Africa and he reminded the Parliament that that policy eventually led to the WorldWar. Mr. Nehru further said that such a policy was dividing now and would divide even more humanity into two large differing and conflicting sections. It would be something worse even than the World War. 68. It is well known to members ofthe Security Council that Governments all over the world have reacted strongly against the present incidents and have expressed grave concern. TheUnitedStates StateDepartment, which is usually cautious in making such statements, recently issued this very important one: "The United States deplores violence in all its forms and hopes that the African people of South Africa will be able to obtain redress for their legitimate grievances by peaceful means. While the United States, as a matter of practice, does not ordinarily comment on the internal affairs of governments with which it enjoys normal relations, it cannot help but regret the tragic loss of life resulting from the measures taken against the demonstrators in South Africa." 69. Another great Power, the Union of Soviet Socialist Republics, has, according to Tass, its official news agency, authorized the following statement: "The policy of discrimination practised by the South African authorities with regard to the peoples of Africa and Asia cannot but arouse legitimate in- 71. The Prime Minister of Canada has, inastatement to the Canadian Parliament, deplored the development of a situation which has given rise to such tragic violence and loss of life in SouthAfrica. He added that he was aware thai. there existed in Canada a profound current of anxiety about methods used by the South African Government to quell African demonstrators. The Government of New Zealandhas similarly reacted to the recent incidents in South Africa. tragiques 72. According to the official organ of the Vatican, Osservatore Romano, "there are no reasons or extenuating circumstances for the shootings". His Holiness the Pope is reported to have given expression to his regret and has characterized the happenings in South Africa as un-Christian. 73. The Government of Liberia, which may be taken to know the mind of the African people, has issued the following statement: "The Government of Liberia most seriously deprecates and abhors this systematic, cold-blooded and ruthless murder and vile slaughter of helpless Africans ... The Government of Liberia is greatly mortified and most chagrined by this unconscionable and remorseless action and attitude of the South African police." I apologize to the representative of Liberia. 74. Mr. Awolowo, Opposition Tueader in the House of Representatives in Lagos, vxg",;c1 the Federal Government of Nigeria on 24 Ma::cr:;h '~O IIrepatriate all white South Africans living in Nigeria and to sever all trade relations with South Africa". The Prime Minister of Nigeria has also sent a telegram to the Prime Minister of the United Kingdom expressing great concern at the events in South Africa. 74. la Ministre exprimer ~venements 75. The Prime Minister of Malaya has expressedhis country's concern and indignation at the inhumanbrutality of the South African Government. TheIndonesian Government has termedthe shootings "barbarous acts" and has called "onthewholeworldto put a halt to these mass murders and to abolish racial discrimination wherever it occurs". devant 1'Union qualifi~ 76. New Times de 76. The folloWing editorial comments ofthe New York Herald Tribune of 24 March and The New York Times of 26 March are typical ofthe reactions of responsible newspapers throughout the world. nAlmost as frightening is the attitude which the South African whites continue blindly to maintain. They are reaping a whirlwindwhose existence, either in political or moral terms, they do not even recog'" nize." 78. The following is an extract from an editorial in The New York Times of 26 March: " ••• the Verwoerd Government and the South African whites would be foolish if they underestimated the sense of shock and horror that has gone around the world since Monday's terrible incident. There have been protests almost everywhere, including an lmusual reproof from the United States State Department. "South Africa has to live with the rest of the world and her people have to live with their own consciences. 'Fhe policy of 'apartheid' is leading South Mrica to isolation and unending strife. An open debate on a world stage like the Security Council might help convince some South Africans they are driving toward a national catastrophe." 79. It is well to remember that these expressions of public opinion are not isolated or sudden reactions to the very tragic losses of life caused a few days ago in South Africa. Throughout the last decade, the nations represented at the United Nations have realized and given expression to the sense of danger and disquiet and to their concern at the relentless policies of "apartheid" and racial discriminationfollowed inSouth Africa. 80. I do not want to burden the Comlcil with a long list of quotations from statements made inthe General Assembly -during the consideration of the items concerning the racial policies of the Government of the Union of South Africa. It is sufficient to say that delegation after delegationfrom every geographical area of the world has given warning ofthe grave consequences of such policies and their inevitable culmination in an explosive situation endangeringinternational peace and security. And today all the twenty-nine nations ofAsia and Africa represented at the United Nations have, in their grave concern and with a full sense of responsibility, approached the Security Council for remedial action. 81. I apologize for having ta..~en the time of the Security Council to put together this large cross-section of views and opinions expressing the gravest concern at the events in the Union ofSouthMrica. When Members of the United Nations, including the big Powers, the world Press, the official organs of governments, and leaders of public opinion all over the world give expression to their grave concern at the situation in South Africa and deplore the recent killings, I submit 20 82. What are the laws against wmchAfricans demonstrated on 21 March? Under the so-called pass laws every Africanwho has attained the age ofsixteen years, has to carry a reference book. A reference book is not merely an identity card-there are many countries in which identity cards are required on a non-discriminatory basis-it is more; it is a booklet of about fifty pages which the Africans alone have to carry. Without such a reference book the African cann,1tbe in or seek work in any urban area or in other areas. Any policeman may at any time call upon an African who has attained the age of sixteen years to produce his reference book. Failure to do so is a criminal offence and makes him liable to a fine of ten pounds or imprisonment of a month. 83. According to The New York Times of 27 March: "The pass system was adopted many years ago to control movements of Africans and to confine them to various areas unless permission was granted for them to go elsewhere. For example, passes have been used to limit the number of Africans moving from rural to urban areas to seek work. "Passes at present in use contain aboutfiftypages in which are recorded such information as employment, arrests and tax payments, as well as vital statistics and the photograph and home address of the holder. Each month the employer of an African must sign his pass or the African can be arrested and, in many cases, sent to an African reserve. "In recent years failure to have valid Ilasses in their possession has meant for many Africans harsh treatment by the police, summary hearings in the courts, loss of employment and great humiliation. The extension of the pass laws to women in the last two years has aroused the African community." The despatch also said: "One important effect of the order is that it will end the notorious farm-labor system. This provided that Africans found guilty, at the rate of hundreds weekly, of violations of the pass laws or other minor offences were given the alternative of paying cash fines or serving several months working on private farms designated by the Minister of Justice. Most could not pay the fines. n ' Again I read from the The New York Times despatch: "In many parts of South Africa, farmers built jails at their own expense from which they could m:aw Africans convicted of pass offences.· 21 The Times goes on to say: "The principle on which these restrictions are based is that Africans countinterms oflabour regulations as interchangeable units rather than as human beings. In practice an African who becomes unemployed in one place, where he is entitled by length of residence to remain, dare not take a job outside it for fear of losing his righttobe in any urban area." 85. It was' against such laws that the Africans demonstrated on 21 March; andthese are laws and regulations enacted by a Parliament and by a Government in which the more than 11 million non-white people-including Asians, 1;,.1.e Coloured and the African people of South Africa-have no right of representation. I submit that these millions of people of South Africa in their just struggle, deserve every encouragement and support of the members of the Security CounCil. 86. According to the latest newspaper reports, the South African Government has suspended operation of the pass laws. The suspension has taken the form of an announcement by the police that Africans would not be arrested for failure to carry the passes. There has been, however, no abrogation of the pass laws. These remain on the statute book in all their ugliness, epitomizing the extreme racial policies ofthe SouthAfrican Government, and the suspension itself, the Minister of Justice, Mr. E'rasmus, has emphasized, is only temporary. If a temporary suspensionhas beenbrought about, it is because ofthe inability ofthe South African industries to continue their operations without the hundreds of thousands of cheap Africanlabour who are resorting to passive resistance by staying in their homes. As a matter offact, while onthe one hand, there has been a temporary suspension of the pass regulations, on the other, the South African Government has put a wholesale ban on public meetings practically throughout the Union. In addition to the twenty-four major cities and towns in which the ban was imposed on 24 March a.nd while on the one hand the enforcement of the pass laws was being temporarily suspended, on the other, public meetings were banned in forty-nine magisterial districts andthe Government announced its decision to undertake emergency legislation in the South African Parliament to outlaw the national political organizations of the Africans and of the people of Indian origin. There is thus no change in the policies of the SouthAfrican Government and as a correspondent of The New York Times reported from Johannesburg on 26 March, the situation continues to be potentially explosive. The truth of this statement has been more than proved by the happening of the last few days. 88. No African is entitled as of right to acquire freehold title to land anywhere in South Africa, nor is it the intention of the present Government ever to grant such right to the African, even in his own reservesthe Union Government has said so clearly in the Tomlinson report. 21 89. Any policeman is entitled, under a government notification of 1958, without warrant, to enter and search, "at any reasonable time of the day or night", premises in town on which he has reason. to suspect that an African boy eighteenyears ofage is committing the criminal offence of residing with his father without having the necessary permission to do so.§} 90. According to an act of 1953, if an Indian-or a coloured person or an African-sits on a bench in a public park, the bench being set apart for the exclusive use of white persons, by way ofprotest against the "apartheid" laws, he commits a criminal offence and is liable to a fine not exceeding three hundred pounds, or to imprisonment not exceedingthreeyears, or to a whipping not exceeding ten strokes, or to both such fine and such imprisonment, or to both such fine ann such whipping, or to both such imprisonment and such whipping. 11 91. In Evaton Native Township, established for occu·· pation by Africans in 1957, any policeman may, when-' ever he wishes, for any reason whatsoever, for the purpose of inspecting the dwelling occupied by a resident of the township, enter that dwelling at any time of the day or night.Y 92. No African, lawfully residing in a town by virtue of a permit issued to him, is entitled as of right to have his wife and children residing with him.V 93. No school for the education of African children may be conducted by a church, unless the school is §J Summary of the report of the Commission for the Socio-Economic Development of the Bantu Areas within the Union of South Africa. U.G. No. 61-1955. §} Government Notice No. 804 of 13 June 1958 read with Act No. 25 of 1945. as amended, section 10 (1) (S). ZI Criminal Law Amendment Act No. 8 of 1953. section 1. read with Act No. 49 of 1953. section 1 (1). Y Government Proclamation No. 61 of 1958, section 8. 2/ Natives (Urban Areas) ConsolidationActNo. 25 of 1945. as amended, section 10 (1). 94. I could go on endlessly in this fashion, but it is not my intention to do so. I have narrated these facts only to show that the pass laws themselves are only a facet of the whole structure of "apartheid". It is sufficient to say that in SouthAfrica there is discrimination against the non-white people "from the cradle to the grave 11, as someone has put it. The structure of "apartheid" emneshes the African in every walk of life and makes South Africa a semi-prisonhouse for the millions of its African population. 95. I should like to add that any reference to the white people or the racial policy of South Africa should not be understood to include the entire Europeanpopulation of South Africa. There are many among them who deplore lIapartheid"; and the churches, both Catholic and Anglican, and many other religious organizations have condemned in no ambiguous terms the policy of lIapartheid" and the recent mass killings in South Africa. They seem, however, to be a very small minority whose voice is drowned by the blatant and noisy racialism of others in South Africa. All honour and credit to them, and I am sure theirs is the voice of hope for South Africa and the voice of justice and peace. In the language of Shakespeare, "so shines a good deed in a naughty world". 96. My Government, with a full sense of responsibility and realization ofthe seriousness ofthe situation in South Africa and its potentialities for plunging the world in racial bitterness and conflict, is among those which have approached the Security Council. We know that the situation arises from certaininternal policies and actions of the South African Government. We are as zealous in maintaining the internal independence of any other country as we are in maintaining our own• • t"But the events in South Africa, because oftheir nature and their origin, and because of their ramifications and implications, have gone far beyond the point of being purely an internal affair. They are now a matter of gr~ve concern for thewhole world andfor the United Nations. 97• We standby Article 2, paragraph 7, ofthe Charter, but we do not agree that that paragraph can be a cover for acts which amountto a patentviolation of the United Nations Charter, whether itbe anArticle in Chapter IX or in any other Chapter of the Charter. Events which cause world-wide concern, which have potentialities for international friction and disharmony, and which are directly opposed to the spirit and letter of the Charter cannot be brought within the straitjacket of Article 2, paragraph 7. 98. I would like to add here, further, that my Government is not motivated by any feelings of hostility !QI Bantu Education Act No. 47 of 1953, as amended, section 9. 99. The Council has faced many issues; it has discussed many situations endangering interna.tional peace; but none of the issues broughtbeforethe Couna' cil measures up, in extent and in far-'reaching implications, to the danger to international peace posed by the situation in South Africa. It has been sald that the seeds of war lie in the minds of men. How well the United Nations Educational, Scientific and Cultural Organization has put it in the preamble to its constitution: "That since wars begin in the minds of men, it is in the minds of men thatthe defences of peace must be constructed." 100. The mind is far stronger than matter; far stronger, indeed, than the most powerful nuclear weapon; and it is the minds of men that have been deeply stirred on the continentofAfrica and elsewhere by the large-scale Idllings and ruthless and violent suppression of the African people intheUnion of South Africa in pursuit of racial policies which are totally contrary to the Charter of the United Nations. The cult of the master race, which is being practised in all its nakedness in South Africa, is a dangerous one. One has only to look back on the history of our own times, thirty years ago or less. Those who ignoredthe racial policies, the cult of racism and race superiority practised in Hitler's Germany did so at the cost of a world war. Let not the same mistake be committed again. The Security Council owes it to itself and to humanity to pool the wisdom and statesmanship of its members andto act andact decisively to save the world from the grave danger of a conflagration.

On behalf of the Government and the people of Ethiopia I shouldlike to thank you, Mr. President, and the other members of the Security Council for allowing me to address the Council today conceprlng the recentmass killing ofthe unarmed and totally harmless indigenous inhabitants of the Union of South Africa by the authorities of that country. 102. Our case is simple, and so is our request embodied in the letter signed by twenty-nine African and Asian States [S/4279 and Add.1]. And let me state that we are not against anyone; we are for the rights of our people on the continent. Both the formal and substantive aspects of the request have been most ably presented by the representatives of Tunisia, Ceylon and India. I will not, therefore, take the time of the Council. I will be brief, and my plea to the Council Is to move with deliberate speed in adopting the most effective measure or measures. 103. We all know now that the official death toll is 89, while the number of injured has risen above 184. This means that more than 250 persons have died or been injured, not to mention the significance to their families. The unofficial death toll, we now learn, has exceeded 100, while the number ofinjuredhas passed the 104. One may legitimately inquire into the causes that set off this regrettable massacre. We learn that the police undertook the mass killing of innocent and unarmed people for no better reason than that they conducted a peaceful demonstration to vindicate their birthrights-the very birthrights of human individuals enshrined in the Charter oftheUnited Nations and embodied in the Universal Declaration of Human Rights. 105. Those who organized the peaceful demonstration, I am sure, had in their minds the very principle that lifted Mahatma Gandhi to an immortal eminence inthe annals of history, namely, passive resistance to unjustifiable treatment. The indigenous people of South Africa have been undergoing, in their own native land, maltreatment and humiliation beyond description. 106. One of the legitimate reasons for their resentment, and the one against which they were peacefully demonstrating, was the legal requirement ofthe carrying of passes by all indigenous Africans. I need not go into the details of these pass papers which cover some fifty pages. It strictly controls their movement, employment and generally their status as citizens, including the details of the various punishments towhich they have been frequently subjected. In the words of the editorial of TheNewYorkTimesof27 March 1960, "the requirement"-that is, of passes-"is humiliating and intended to be so". One would have considered demonstrations against such requirements normal in any other part of the world. Unfortunately, however, we learn that it resulted in the loss of human life. 107. The recent massacre has terrified and shocked the Ethiopian people, and indeed humanity itself. For the Ethiopian people, the impact of the present ugly event in South Africa has a special significance. It has been a sorrowful reminder of the massacre of over 30,000 Ethiopian people, by authorities of a ruthless invader, on 19 and 20 February 1937 in Addis Ababa alone. Therefore, it is with that in mind that we point out that the South African and Ethiopian indigenous martyrs, besides being Africans, do have the common misfortune of losing their lives in the vindication of their birthright and the desire to be free from oppression. 108. The recent action of the Union Government is the culmination of the pursuit of the implementation of its anachronistic policy of "apartheid", which has been persistently and continuously regarded by the United Nations-indeed condemned by the United Nations-to be adverse to the purposes and principles of the Charter and a breach ofthe pledge of all Member "2. Solemnly calls upon all Member States tobring their policies into conformity with their obligation under the Charter of the United Nations to promote the observance of human rights and fundamental freedomsj "3. Expresses its deep regret and concern that the Government of the Union of South Africa has not yet responded to appeals of the General Assembly that it reconsider governmental policies which impair the right of all racial groups to enjoy the same fundamental rights and freedoms; "4. Appeals to all Member States to use theirbest endeavours as appropriate to achieve the purposes of the present resolution." 110. FollOWing these and other resolutions. and in conformity with the Charter. the African Governments. which have assembled twice on the Continent itself. have pleaded that the Union Government should abandon this policy. and I canassure the members of the Council that we were forced, with great reluctance. to bring the matter before it. 111. The Ethiopian Government had noted this with regret at an earlier date and pointed out that persistence of the Union Government in its policy of "apartheid" would ultimately result in bloody turmoil that would contaminate peaceful relations among nations on the regional as well as the international plane. On 14 October 1958 in the Special Political Committee. the Ethiopian representative prophesied the following: "Clearly, persistence in the policy of racial discrimination would sooner or later bringbloodshed to Africa and threaten international peace."!!I 112. Twenty-nine African-Asian States, including my country, have brought the matter before the Security Council, because the Union Government's pursuit of its policy of "apartheid" has passed its high-water mark, resulting in the massacre ofthe unarmedmultitude of African people. In our opinion, the matter now before the Council gives rise to a "situation which might lead to international friction", and which in the continent of Africa, and no doubt elsewhere, is most likely "to endanger the maintenance of international peace and security". 113. The Security Council, entrusted as it is with the primary responsibility for the maintenance of international peace and security. is the appropriate organ, in fact the only organ, towhichwe may bring the matter so that it may be considered seriously. 115. May I conclude my brief address by expressing the deepest sympathy of the Ethiopian people to the widows, widowers, and orphans ofAfricans mas~acred dUring the recent mass killing in South Africa. 116. Prince Aly KHAN (Pakistan): Mr. President, I should like to thank you and, throughyou, the members of the Security Council for responding so courteously to my request, and for inviting me, as the permanent representative of Pakistan, to participate inthe discussion of the question on the agenda. 117. May I at the outset be permitted to express my Government's sense of shock and deep griefatthe loss of human life resulting from the events of the last several days in the Union of South Africa. We sympathize profoundly with the families and friends of the victims of last week's violence. Our sympathy also goes out to those millions of the indigenous population who live in dire fear that tomorrow they too may become the victims of similar violence. 118. It is not necessary to set forth in detail th(! reasons why Pakistan considers that its interests are specially affected by the question on the Council's agenda. It is well knownthat since 1947, when Pakistan was admitted to membership in the UnitedNations, we have consistently opposed, within as well as outside the United Nations, the systematic denial of fundamental freedoms and human rights to persons ofIndo- Pakistan origin residing in the Union of South Africa. We have also similarly opposed th~ complete denial of fundamental freedoms and human rights to the indigenous population of the Union. 119. We feel, with great sorrow, that the inevitable has now occurred. Hundreds of peaceful and unarmed Africans have been killed or seriously wounded while taking part in peaceful demonstrations against unjust and humiliating laws enforced by the Government of the Union of South Africa. 120. Reports received this morning indicatethat conditions in the Union are deteriorating. A state of emergency has been declared, and according to a Reuter's despatch, gunsmiths in Cape Town and the Cape Peninsula reported a roaring trade in revolvers and guns for the white population. 121. In our view, the continuance of this situation is not only likely to endanger the maintenance of international peace and security; it may well lead-a possibility that can by no means be ruledout-to the most wide-spread conflagration on the whole Africancontinent. 122. For these reasons, my Government considered it a duty to join with twenty-eight other Asian and African countries in requesting an urgent meeting of the Security Council to discuss the present situation and take such practical action as may be appropriate 124. Addressing the FirstCommittee on15 November 1947, Sir Mohammad ZafrullaKhan, a former Minister of Pakistan and now a distinguished member of the International Court of Justice, repliedto the contention of domestic jurisdiction as follows: "Are these questions merely of domestic jurisdiction? Are they or are they not includedwithin the terms of our Charter? If they are included, it is good, and there is hope for humanity. Ifthey are not included so much the worse for the United Nations; so much the worse for humanity, for that would be a cor>..fession of utter bankruptcy of the nations in the field of essentially human problems. 11 12/ 125. It is also pertinent to recall that itwas the head of the South African Governmenthimself, a greatworld statesman and soldier, Field Marshal Smuts, whowas mainly instrumental in writing into the provisions of our Charter the responsibility of the United Nations in promoting respect for human rights. At a plenary meeting of the San Francisco Conference, he said: "I would suggest that the Charter should contain at its very outset and in its preamble a declaration of human rights and of the common faith which has sustained the Allied peoples in their bitter and prolonged struggle for the vindication of those rights and that faith. This war ••• has been a war of ideologies, of conflicting ••• faiths. We have fought for justice and decency andfor the fundamental freedoms and rights of man, which are basic to all human advancement and progress and peace." 13/ 126. The present Government of the Union of South Africa apparently does not consider that justice and decency to its non-white peoples, or their fundamental rights and freedoms, are basic to human advancement and peace. If this were nottrue, that Government would not have persisted for all these years-in the face of great opposition, in defiance of international opinion, and in disregard of the admonitions of the United Nations-in a policy of deliberate, systematic, and continued violation of human rights which offends against justice and threatens not only the internal stability of the Union of South Africa, but also the peace of the whole African continent. 127. No policy of racial discrimination, with such multiple repercussions overflowing its national bound.- !Y This statement was made at the 109th meeting of the First Committee, th.! official record ofwhich was published only in summary form. W United Nations Conference on International Organization, P /13. 128. The invocation of law and order does not grant a government absolution from its sins. It does not confer the absolute right to exact obedience. We in Pakistan, who accept Islamic philosophy, subscribe to a different concept of obedience: IITo hear andto obey is binding so long as one is not commandec. to disobey God; when one is commandedto disobey God, he should not hear or obey. 11 129. Without dwelling further upon the philosophy of the faith to which we adhere, it is hardly necessary for my delegation to remind members of the Security Council of the great contribution which the history and philosophy of western civilization has made to the concepts of the rights and duties ofman, his obligations to the State, and the obligations of the State towards him. Nor need I recall history's roll of honour which enshrines the hallowed names of those who have died that freedom might live. 130. In the early history of Islam, a great martyr declared, as he set forth to die and sacrifice his kith and kin, that it was a crime to be alive in an age of tyrants. And, in the history and philosophy of western civilization, from the time of Julius Caesar to the present, tyranny and oppression have been just as consistently opposed. Undoubtedly the humanbeing, as a free man, has the duty of obedience to constituted authority. But equally, and no less, he may feel impelled by a higher duty to his faith and conscience to take the road of disobedience. 131. This is the moral crisis, the cruel dilema, which faces the non-white population of South Africa as a consequence of the policies of lIapartheid" so relentlessly put into effect by the Union Government. Is it surprising, then, that it should resist these iniquitous laws? Is it improper thatthey shouldprotest the carrying of passes, which, as badges of discrimination intended to identify an inferior race, bring to mind one of the most shameful aspects of the last world war? 132. If international friction is to be removed, if friendly relations are to be cemented, and if peace is to be maintained, it is essential that the equal and inalienable rights of all members of the humanfamily Should become the categorical imperative of national and international conduct. The people of Pakistan believe in the Islamic concept of equality for all races of mankind. As our Prophet said, the white man is not above the black nor the black above the yellow; all men are equal before their Maker. 133. The Union of South Africa has embarked upon a course of national policy which has resulted in blood- Shed in the past and which unfolds for the future a prospect of unending strife and violence. Its structure 135. The Commonwealth itself, to which my country and the Union of South Africa have the privilege of belonging, is a unique example of a multiracial international community, transcending differences of race, and uniting its members on the basis of common ideals and interests. But the Government of the Union of South Africa continues its isolated and fatal course, heedless of the warning, heedless ofhistorical forces, heedless of example, with the set purpose of denying to its dispossessed and disinherited subjects their right to self-respect and human dignity. 136. It is encouragingin this otherwise most depressing situation to note that voices are still being heard in the Union that speak the language of the best traditions of civilization. Thus, a despatch from Cape Town, published in The New York Times of 26 March indicates that four religious leaders issued statements deploring the events of the preceding Monday and expressing concern at the Government's racial policies. These included the Anglican Archbishop, the Roman Catholic Archbisho}J, the Chief Rabbi, and the Council of the Congregational Union. 137. Such voices are encouraging in the sense that, if there is to be any hope of restoring peace with equality and justice in South Africa, it must come largely through men of good will in the Union who can bring about the necessary reform of present racial policies. Those are the men of vision who realize how short-sighted and lacking in good sense the present policies are, who realize that quite apart from moral considerations, the immediate and long-range interests of the European as well as of the indigenous population depend upon the drastic revision of those policies. 138. Do we have any reason to hope that the present leaders of the Union Government realize the serious international implications of the racial policies they impose? If so, surely we would begin to see some sign at least of an alleviation of those policies. But I fear that this is not the case. 139. It may be noted that the Union Government has suspended the discriminatory identity pass system Which led to the events of the past ten days. But this suspension, while it may have been intended to soothe outraged world opinion, is a temporary one. 140. As it must also be noted, new repressive measu.res are being taken simultaneously in the form of legislativil w stifle the political self-expression of the African people by outlawing the African Nati.onal Congress and the Pan-Africanist Congress. This legislation was introduced by the Minister ofJustice, whose title, in the circumstances, seems something of a misnomer. These new repressive measures certainly 142. In thanking you once again, Mr. President and members of the Council, for your courtesy inpermitting me to appear before you, may-I hope lc-r tae privilege of intervening again in this discussion at:l later date, and possibly of making a specific suggestion, if it should seem appropriate to do so.

My delegation desires to express its thanks to you for the opportunity afforded to participate in the discussion of a questionbefore the Council, a question which is addressed not only to the Council by the twenty-nine members of the African- Asian group, but to the conscience of all mankind. 144. We are the more appreciativeofthis opportunity not only because we are a country whose interests are especially affected by the question, but because we think no human being would wish to remain silent in the face of this brutal assault onthe rights of man and the peace of the world. 145. There would seem to be little doubtthatthe situation before the Council is one urgently requiring action. It is clearly a situation which has already led to international friction and the continuance of which is clearly likely to endanger the maintenance ofinternational peace and security as envisaged in Articles 34 and 35 of t.'le Charter. It would seem beyond argument that if the continuance of a situation is likely to endanger the maintenance of international peace and security, it cannot possibly be essentialiy within the dO'llestic jurisdiction of anyone nation but is, on the contrary, an international question. Here I am quoting a passage from the book by Goodrich andSimons. The United Nations and the Maintenance of InternatiOilliI Peace and Security, referring to the Spanish question which was before the Security Council, 18 April 1946. 146. It has sometimes been argued that only enforcement measures under Chapter VII may be takenin the face of the domestic jurisdiction provision. The distinction between a situation likely to endanger the maintenance of international peace and security and a threat to peace is obviously one of degree only, that is, of immediacy and seriousness of the danger to peace. To hold that enforcement measures only may be taken would constitute an abdication ofthefunctions of the Security Council and an invitation to permit the situation to deteriorate. It would be most difficult to accept this point of view which, as has been pointed 147. There is something profoundly disturbing in the notion that this organ of the United Nations must sit by supinely while the whole civilized world is united in protest andis determinedto mobilize allthe resources of humanity not only to prevent the repetition of this violent outrage but to eradicate the conditions of segregation and suppression which are the breeding ground for the tragic events of the past week. There is not and there cannot be any reasonable interpretation of any provision of the United Nations Charter wb....:h requires this organ charged with the primary responsibility for the maintenance of international peace and security to stand aloof until the tinder is thrown into the dynamite v The Security Council has the power to stay the hand that is about to initiate the conflagration. If it is possible, by any conceivable interpretation of the language and spirit of the United Nations Charter, to avoid the stultification of the Sacurity Council, then such an interpretation must be adopted, The people of the world will not understand any other course, for they have no other recourse than the Security Council if they are to seek peaceful redress of this most grievous assault against the human spirit. eliminer tragiques tion l'organe feu de,s ne tee. tion, 148. The New York Times, an eloquent spokesmanfor human rights, said in its editorial of 27 March: "The South African Government will say that this is an internal matter and therefore outside the scope of the U.N. It is not an internal matter. It threatens the peace and security of most of Africa south of the Sahara." 149. consequence leurs segregation 149. I have said that the present brutality is the outcome of alongseries ofrepnssivemeasures. We need not recite these in detail; records of the General Assembly are filled with predictions, which have proved to be only toowell founded, ofthebloody and disastrous consequences which must inevitably ensue from the continuation of these practices. Here, in a country in which the non-white population constitutes over 80 per cent of the total, measures were adopted designed to create perpetual economic and social servitude andto practise the vilest forms of racial discrimination and segregation. 150. Among the measures taken by South Africa are the following: the Group Areas Act, which divides the country into racial zones; the Population Registration Act, which requires registration of the populationona racial basis; the Bantu Education Act, the purpose of which is to keep the Africans in the role of servants or unskilledwork£lrs, andthe pass laws, which severely restrict the movements of Africans. As a result of the foregoing, Africans are prohibited from holdingpublic office, from attendingthe same schools aswhites, from moving out of reservedareas without permission, from Registration Act, passer, Africains. peuvent 151. Thus the Union of South Africa has proclaimed to all the world, openly and without any attempt at subterfuge, that it seeks to create a social and legal system to ensure the permanent supremacy of a small minority and utterly to prohibit participation of its non-white citizens in civil life. How long and to what extent this policy of a minority imposingits will on the majority will continue remains one of the puzzles of our time. 152. Among the most 10aths0me of the statutes enacted by the Government ofSouth Africa are the abovementioned pass laws, which provide for the issuing of identity passes to control the movements of Africans and to confine them tovarious areas unless permi3sion is granted them to go elsewhere. The stigma of servitude, the badge of inferiority, was branded on all those who carried these passes as clearly as if they were manacled and chained. The bitterness created by the practice was sharply intensified by the extension ofthe pass laws to women in recent years. 153. Repeatedly, the General Assembly, by overwhelming majorities, has adopted resolutions deploring the practices of South Africa relating to race conflict resulting from the policy of "apartheid" and appealing to the Government of the Union to revise its policy in the light of the purposes and principles of the Charter and of world public opinion. Repeatedly, the Members of the United Nations have warned that an explosion was unavoidable and inevitable. All of these declaratior.s have been without effect. Now the inevitable has finally happened. 154. On 21 March, a group of Africans gathered to demonstrate peacefully against the continuation of the pass system and to demand its abolition. I should like to describe these events andmy Government's reaction thereto in the words of the Honourable J. Rudolph Grimes, Secretary of State of Liberia, who, on 23 March, protesting against these acts, stated: "The Government of Liberia has learnedwith great grief that on Monday, 21 March 1960, policemen of the Government of the Union of South Africa fired upon a crowd of Africans who were peacefully demonstrating against certain aspects of the inhumane and savage policy of 'apartheid'. The shooting occu:o:red after several planes of the Government of South Africa had flown overhead in an attempt to frighten and disperse the crowd. In this rather barbaric act many Africans were killed and several hundred seriously wounded. It is to be observed that not a single African was armed with any weapons or instruments of war, nor were they even in any position to defend themselves against the weapons of destruction that were used against them. 155. Tubman, manifestants, plus 155. On 23 March the President of Libya, the Honourable William Tubman, vigorously denounced as most barbarous the shooting of these demonstrators and referred to it as the vilest, most reckless and unconscionable act in history. 156. Since these words were spoken, violence and riots have broken out anew. The day of mourpJ.ng for the seventy-two Mricans killedinthefirst day's rioting has been turned into an occasion for further violence. Thus, the chain reaction continues to take its toll and no one can foresee the end-not forgetting the happenings in South WestMrica onHumanRights Day in 1959. 156. violences deuil jour violence. des si OOits des 157. It might nothave been necessaryfor these leading officials of my country to issue these condemnations if the previous statements of my Government's representatives before the United Nations had been heeded by South Mrica. Our representatives at the United Nations have pointed to the dangers latent in the systematic policy of repression in South Mrica. We have asked whether the Mrican people living in that area of the world have a right to aspire to a position of first class citizenship in the world community, or whether they are to be forever destined to be treated not only as strangers, but as less than human, on their own continent. We have called not only for disarmament in the military sphere, but for disarmament in the world of prejudice, bias, hatred, selfishness, intolerance, and all attitudes which are the end products of fear. We have protested against the denial to any race because of a pigmentation of its sIdn the fundamental human rights to which every people, under the laws of our common Creator andthe provisions ofthe Charter, is entitled. At the same time we have exercised the utmost patience and have refrained from suggesting any punitive action or interdiction. But now we say that the United Nations mustactwith force, with vigour and without delay or hesitation. 157. peut-etre sud-africaine rieures ment les d'oppression demande droit oitoyens sont comme qu'humaine preconise plan de les avons soit, fondamentaux selon tous de abstenus moindre affirmons force, 158. The peoples of the world have already expressed their condemnation of the wanton and brutal killings which have been the culmination of the policy of "apartheid". Here, in a day and age which has seen a world-wide movement for the elimination of racial prejudice, racial discrimination, and the vindication of the principle of self-determination of peoples, the continuance of the policy of "apartheid" and oppression in South Africa must inevitably inflame and embitter the peoples of all the adjoining countries, and indeed of all Mrica. The peoples of these neighbouring countries in particular will not be restrainedfrom expressing their feelings and from taldng steps to obtain redress for their brothers in South Africa unless they see that some effective measures are taken there in this responsible body. 158. reprobation quels qui suppression tion des politique africaine les I'Mrique. ne pour tiennent Unies 159. Now that the situation has deteriorated to the point of open violence who can predict with certainty what the next step will be, from what direction the 159. point tement 160. Already some African nations have demanded that their Governments repatriate all white South Africans to their countries and terminate the appointments of white South Africans in the civil service. It is reported that the possibility of the severance not only of trade but of diplomatic relations also has been discussed in certain countries. Economic sanctions of various types have been widely proposed. It would be difficult to prevent the adoption of even more drastic measures if the situation in South Africa should deteriorate further. It has reached a point where, if it is not already a civil war, it is certainly dangerously near to being such a war. Shouldfull-fledgedcivil war break out the danger of an international war cannot be excluded since experience teaches that civil war often degenerates into a.n international war. To prevent the occurrence of such an event is the task of the Security Council, 161. In common with all other Members oftheUnited Na:tions, South Africa has accepted, under Article 4, paragraph 1, of the Charter the obligations contained therein. It has, however, continously failed toheedthe rlecommendations of the General Assembly andto abide by the rules of Article 55, which commends "universal respect for, and observance of, human rights andfundamental freedoms for all without distinction as to race, sex, language, or religion." The present situation is the consequence of this intransigence of the UniOJ.l of South Africa. 162. We therefore urgently request that the Security Council proceed forthwith to d.,termine that the continuance of the dispute is likely to endanger the maintenance of international peace and security, andto take such measures as may be required to stop violence and prevent further aggravation of the situation. 163. Finally; we express the hope thatthe Council, by adopting appropriate measures at this time, will make it unnecessary to have recourse to enforcement actions under Chapter VII.

I am advised that the representative of Ghana and the representative ofGuinea do not desire to speak today, and except for a request from the representative of Tunisia to speak atthe end of this meeting I have no request from any member of the Council to speak today. I had been thinking about a night meeting, but obviously ifthere are no speakers we cannot have a meeting. However, I should like to ~oint out that this item has been described as urgent by its sponsors, and that there are more non-members of the Council participating in this discussion than in the discussion of any item that I can recall during my service here. Thus there is merit in members and non-members of the Council preparing their speeches and being able to make them if these proceedings are 166. We are convinced that a further statementby the representative of the Union of South Africa on the substance of the question before us would assist the Council considerably-t!i understandingthe grave situation which we have brought to its attention. We are absolutely certain that a frank and sincere discussion between the parties directly interestedalways clarifies any situation or question under discussion. After the statements which we have made and the arguments we have put forward to stress the threat to international peace and security, we would have liked to hear a reply from the representative of the Union.-of South Africa, as'that would assist the Council in discha?ging its responsibilities undeI' the Charter•. 167. It is for that reason that I make a formal proposal that the President should ask the representative of the Union of South Africa, who is now absent from the Council table, whether he is prepared to reply and to state his views on the situationandthereby continue to co-operate with the Council in the discussion of this question with which his Government is at present concerned. 168. a 1'Union Conseil. bien l'entend puisse C'est la

The Councilhas votedto invite the representative of the Union of South Africato take a place at the Council table, andhe, of course, has the right to conduct himself with regard to this Council in any way that he· wishes. I would not think that there was any way of avoiding his taking his own decisions on matters involving his own conduct. That would be my comment on the suggestion made by the representative of Tunisia. 169. Mr. SLIM (Tunisia) (translated from French): I do not intend in any way to deny the right of the representative of the Union of SouthAfrica to act as he sees fit. I do, however, make a formal requestthat he should be asked whether or not he intends·to reply. He is of course free to tell us that he does not wish to give us a reply. That is why I.formallyproposethat we should find out what his intentions are; that may also enable us to clarify our own position. 169. intention africaine que aupr~s est desir formellement qui ser 170. sentant formelle. Conseil, au

The representative ofTunisia has made a formal proposal. As I understand it, his proposal is that the Council, through the President, ask the representative of ihe Union of South Africa whether or not he intends to take part in this discus- 172. Sir PiersonDIXON (United Kingdom): Ithinkitis worth while to recall that, at the end of his statement this morning, the representative of the Union of South Africa said: "This question now having been placedon the Council's agenda, it is incumbent on me to report to my Government for instructions." [851st meeting, para. 80.] 173. I would assume that it can be inferredfrom that statement that the representative of the Union ofSouth Africa will be :receivinginstructions andwi1l therefore be in a position to say whether he will return to the Council table. Therefore, I would have thought that we are likely to receive an answer in any event.

If no other representative wishes to be heard on the proposal madeby the representative of Tunisia, I shall put that proposal to the vote. I shall repeat his proposal: that the Security Council, through the President, asktherepresentative of tbe Union of South Africa whether or not he intends to take part in these proceedings. A vote was taken by show of hands. In favour: Ceylon, China, Italy, Poland, Tunisia, Union of Soviet Socialist Republics. Against: None. Abstaining: Argentina, Ecuador, France, United Kingdom of Great Britain andNorthernIreland, United States of America. The result of the vote was 6 infavour, none against, with 5 abstentions. The proposal was not adopted, having failed to obtain the affirmative votes of seven members.

If no memberwishes to speak, the meeting is adjourned until tomorrow at 11 a.m. The meeting rose at 6.20 p.m. ,Litho in U.N.- Price: $U.S. 0.50; 3/6 stg.; (or equivalent in other currencies)