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Situation of human rights in South Africa.

Publisher UN Commission on Human Rights
Author UN Commission on Human Rights (41st sess. : 1985 : Geneva)
Publication Date 26 February 1985
Citation / Document Symbol E/CN.4/RES/1985/8
Reference 41
Cite as UN Commission on Human Rights, Situation of human rights in South Africa., 26 February 1985, E/CN.4/RES/1985/8, available at: https://www.refworld.org/docid/3b00f17f54.html [accessed 5 June 2023]

1985/8. Situation of human rights in South Africa[1]33

The Commission on Human Rights,

Recalling its resolution 2 (XXIII) of 6 March 1967, by which it set up the Ad Hoc Working Group of Experts on southern Africa, and its resolutions 21 (XXV) of 19 March 1969, 7 (XXVII) of 8 March 1971, 19 (XXIX) of 3 April 1973, 5 (XXXI) of 14 February 1975, 6 A to C (XXXIII) of 4 March 1977, 12 (XXXV) of 6 March 1979, 5 (XXXVII) of 23 February 1981, 1982/8 of 25 February 1982, 1983/9 of 18 February 1983 and 1984/5 of 28 February 1984,

Recalling General Assembly resolution 39/15 of 23 November 1984 and Economic and Social Council resolution 1984/42 of 24 May 1984,

Having examined the report of the Ad Hoc Working Group of Experts on southern Africa,[2]34

Recognizing the value of the reports of the Ad Hoc Working Group in the efforts of the United Nations to expose and combat apartheid and gross violations of human rights in South Africa,

Noting that the Ad Hoc Working Group has concluded that the effects of apartheid have resulted in certain criminal consequences similar to those prohibited in the Convention on the Prevention and Punishment of the Crime of Genocide,

Noting that gross and cruel violations of human rights under apartheid continue to take place in South Africa,

1. Congratulates the Ad Hoc Working Group of Experts for the commendable and impartial manner in which it has prepared its report;34

2. Adopts the relevant conclusions and recommendations of the Ad Hoc Working Group contained in its report;[3]35

3. Expresses its Profound indignation at the fact that apartheid remains institutionalized;

4. Denounces again the policy of "bantustanization", the forced removals of the black population and the policy of denationalization;

5. Reaffirms its rejection as null and void of the so-called constitutional arrangements in South Africa, as they, inter alia:

(a) Serve to perpetuate apartheid and other forms of racial intolerance and discrimination;

(b) Continue to exclude the majority black population from participating in the political, social, economic and cultural life of their country;

(c) Continue to deny the black population their full citizenship rights;

6. Expresses its profound indignation at the continued violations in South Africa, particularly:

(a) The intimidation and suppression of opponents of apartheid and racial discrimination;

(b) The indiscriminate arrest and torture of political activists;

(c) The extreme use of violence in dealing with legitimate protests and demonstrations against policies of apartheid;

(d) The killing, torture and other forms of ill-treatment of captured freedom fighters and other detainees, including those held by the so-called independent homelands;

(e) The discriminatory and inferior quality of black education;

(f) The continued adverse effects, particularly on women and children, of the policies of apartheid;

7. Demands that South Africa should put an end to the system of apartheid and the other gross violations of human rights;

8. Calls for the unconditional release of Mr. Nelson Mandela, Mr. Zephania Matopheny and all political prisoners;

9. Calls on South Africa to respect international standards on trade union rights in respect of black trade unions and particularly to desist from harassing, intimidating, arresting and maltreating black trade union leaders;

10. Condemns South Africa for its military pressures on front-line States and for its support, encouragement and provision of material resources to bandits who seek to destabilize front-line and neightouring States;

11. Decides to renew the mandate of the Ad Hoc Working Group of Experts composed of the following persons acting in their personal capacity: Mr. Annan Arkyin Cato (Ghana), Chairman-Rapporteur; Mr. Branimir Jankovic (Yugoslavia); Mr. Felix Ermacora (Austria); Mr. Humberto Díaz Casanueva (Chile); Mr. Mulka Govinda Reddy (India) and Mr. Mituin Leliel Balanda (Zaire);

12. Decides that the Ad Hoc Wording Group of Experts should continue to investigate and study the policies and practices which violate human rights in South Africa and Namibia;

13. Requests the Ad Hoc Working Group, in co-operation with the Special Committee against Apartheid, to continue to investigate cases of torture and ill-treatment of detainees and the deaths of detainees in South Africa;

14. Takes note of the studies and findings of the Ad Hoc Working Group of Experts on the relationship between apartheid and genocide contained in the report[4]36 prepared pursuant to paragraph 14 of Commission on Human Rights resolution 1983/9 and requests the Ad Hoc Working Group of Experts to continue its investigation of the matter;

15. Renews its request to the Government of South Africa to allow the Ad Hoc Working Group of Experts to make on-the-spot investigations of the living conditions in the prisons in South Africa and Namibia and the treatment of prisoners;

16. Requests the Ad Hoc Working Group to continue to bring to the attention of the Chairman of the Commission on Human Rights, for whatever action he may deem appropriate, particularly serious violations of human rights in South Africa which may come to its attention during its studies;

17. Authorizes the Chairman of the Ad Hoc Working Group to participate in conferences, symposia, seminars or other events connected with action against apartheid organized under the auspices of the Special Committee against Apartheid;

18. Requests the Ad Hoc Working Group to submit a report on its findings to the Commission at its forty-third session at the latest and to submit a progress report to the Commission at its forty-second session;

19. Requests the Secretary-General to provide every assistance within available resources to enable the Ad Hoc Working Group of Experts to discharge its responsibilities in accordance with the relevant provisions of the present resolution;

20. Again requests the Secretary-General to renew his invitation to all States Members of the United Nations to submit their views and comments on the interim study on the international penal tribunal[5]37 to enable the Ad Hoc Working Group to continue its study and to submit a report to the Commission at its forty-third session;

21. Requests the Economic and Social Council to transmit the present resolution to the General Assembly, the Security Council, the Special Committee against Apartheid and the United Nations Council for Namibia.



[1]33 Adopted at the 32nd meeting, on 26 February 1985, by a roll-call vote of 41 to 1, with 1 abstention. See chap. VI.

[2]34 E/CN.4/1985/8.

[3]35 Ibid., part three.

[4]36 E/CN.4/1985/14.

[5]37 E/CN.4/1426.

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