Situation in southern Africa.
| Publisher | UN Commission on Human Rights |
| Author | UN Commission on Human Rights (46th sess. : 1990 : Geneva) |
| Publication Date | 19 February 1990 |
| Citation / Document Symbol | E/CN.4/RES/1990/8 |
| Reference | 46 |
| Cite as | UN Commission on Human Rights, Situation in southern Africa., 19 February 1990, E/CN.4/RES/1990/8, available at: https://www.refworld.org/docid/3b00f0c60.html [accessed 6 June 2023] |
1990/8. Situation in southern Africa
The Commission on Human Rights, Bearing in mind the importance for the effective guarantee and observance of human rights of the universal realization of the right of peoples to self-determination enshrined in the Charter of the United Nations and embodied in the International Covenants on Human Rights, as well as in the Declaration on the Granting of Independence to Colonial Countries and Peoples contained in General Assembly resolution 1514 (XV) of 14 December 1960, Deeply conscious of the urgent need for strict observance of the principles of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, as enshrined in the Charter of the United Nations and developed in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (General Assembly resolution 2625 (XXV)), Bearing in mind that the provisions of Additional Protocol I of 1977 to the Geneva Conventions of 12 August 1949 apply to freedom fighters in South Africa fighting for democracy, freedom and self-determination, Recalling General Assembly resolution 2621 (XXV) of 12 October 1970, containing the programme of action for the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, Recalling the Harare Declaration of 21 August 1989 on the question of South Africa, adopted by the Organization of African Unity Ad Hoc Committee on southern Africa (A/44/697, annex), Recalling resolution 1207 (L) on South Africa, adopted by the Council of Ministers of the Organization of African Unity at its fiftieth ordinary session, held at Addis Ababa from 17 to 22 July 1989 (A/44/603, annex I), Deeply concerned about the acts of aggression and destabilization perpetrated by the Pretoria regime against the front line States, Condemning the continued colonialist and racist oppression of millions of Africans by the racist minority régime of South Africa, through its persistent and intransigent attitude towards all efforts being made to bring about a democratic and internationally acceptable solution to the situation prevailing in South Africa, Reaffirming that "bantustanization" is incompatible with genuine independence, national unity, self-determination and territorial integrity and has the effect of perpetuating the power of the minority and the racist system of apartheid in South Africa, Convinced that the system of apartheid is a gross violation of the right to self-determination of the people of South Africa, Reaffirming the legitimacy of the struggle of the people of South Africa for their right to self-determination, Condemning the so-called general election held on 6 September 1989 as it seeks to further entrench white supremacy and impede the realization of free and fair elections based on universal adult suffrage in a united and democratic South Africa, Taking note of the statement made by Mr. F. W. De Klerk on 2 February 1990, particularly the reference made with regard to the release of Nelson Mandela and the lifting of the ban on anti apartheid parties and movements, Taking note also of the Declaration on apartheid and its Destructive Consequences for Southern Africa, adopted on 14 December 1989 by the General Assembly at its sixteenth special session (resolution S-16/1),1. Calls upon all States to implement fully and faithfully the resolutions of the United Nations, in particular General Assembly resolution 1514 (XV), and to take all the necessary steps to enable the dependent peoples of the territories concerned to exercise fully and without delay their inalienable right to self-determination and independence;
2. Reaffirms the legitimacy of the struggle of the oppressed people of South Africa and its national liberation movements by all available means, in accordance with the Charter and relevant United Nations resolutions, for the elimination of the apartheid system and the exercise of the right of self-determination by the people of South Africa;
3. Reiterates its affirmation that the continuation of colonialism in all its forms and manifestations, including racism, racial discrimination, apartheid, the exploitation by foreign and other interests of economic and human resources and the waging of colonial wars to suppress the national liberation movements, is incompatible with the Charter of the United Nations, the Universal Declaration of Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples, and poses a serious threat to international peace and security;
4. Urges all States, directly and through their action in the specialized agencies and other organizations of the United Nations system, to provide all moral and material assistance to the oppressed people of South Africa;
5. Strongly condemns the continued violations of the human rights of peoples still under colonial and foreign domination and the perpetuation of the racist minority régime in South Africa;
6. Condemns the policy of "bantustanization", which denationalizes the majority of the South African people and is contrary to the principle of self-determination and inconsistent with genuine independence, national unity and territorial integrity;
7. Condemns the imposition of censorship and other restrictions on the media by the racist régime, in particular on press reports and the transmission of audio visual material, aimed at concealing from world public opinion the ruthless atrocities perpetrated by the apartheid régime against the people of South Africa;
8. Demands that South Africa immediately release all people detained or imprisoned as a result of their struggle for self-determination and independence and that it guarantee full respect for their fundamental rights and the observance of article 5 of the Universal Declaration of Human Rights, under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment;
9. Condemns the wanton acts of aggression and destabilization perpetrated by the apartheid régime of South Africa against front line and other neighbouring States and, in this regard, demands that all States impose mandatory and comprehensive sanctions against South Africa, in order to stop it from committing further acts of aggression and destabilization of neighbouring States;
10. Demands a democratic and non-racial solution in South Africa based on the principle of universal and equal suffrage without any discrimination, in order to allow the people of South Africa freely to enjoy their right to self-determination;
11. Demands that all necessary measures be taken to dismantle the system of apartheid;
12. Welcomes the release of Nelson Mandela, demands the immediate and unconditional release of all political prisoners as well as detainees, and calls on the South African régime to refrain from imposing any restriction on them;
13. Calls for the full implementation of the Declaration on apartheid and its Destructive Consequences in Southern Africa, adopted on 14 December 1989 by the General Assembly at its sixteenth special session (S-16/1);
14. Decides to include in the provisional agenda of its forty-seventh session the item "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation" and to give it high priority consideration.
29th meeting19 February 1990
[Adopted by a roll-call vote of 32 to 2,
with 9 abstentions. See chap. IX.]
