Situation of human rights in South Africa.

1989/5. Situation of human rights in South Africa

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

2. Expresses its profound indignation at the fact that apartheid remains institutionalized;

3. Denounces again the policy of "bantustanization", the forced removals of the black population, the policy of so-called "voluntary" removals and the policy of denationalization;

4. Affirms the conviction that apartheid cannot be reformed but should be abolished in all its forms, and hence reaffirms its rejection of the so-called constitutional initiative, including the statutory advisory council, which falls short of accepting the "one man, one vote" principle in a united South Africa;

5. Demands that South Africa immediately and completely abolish the unjust, inhumane system of apartheid in all its forms;

6. Strongly condemns the dramatic escalation of violations of human rights in South Africa since the imposition of the state of emergency in June 1986 as reinforced by numerous subsequent regulations;

7. Strongly condemns the widespread detention and incarceration of children and pregnant women under the unhealthy and humiliating conditions of the inhuman apartheid penal system;

8. Unequivocally rejects South Africa's so-called reforms, which fall short of the termination of the existing state of emergency, the abolition of the apartheid laws, the dismantling of the "bantustans", the lifting of the bans on all political organizations and parties, the return of all political exiles and freedom fighters and the unconditional release of all political prisoners with whom the régime must deal in bringing about changes based on the "one man, one vote" principle in a non-fragmented South Africa;

9. Reiterates its demand for the unconditional and immediate release of Mr. Nelson Mandela and all political prisoners in South Africa;

10. Takes note of the release of Mr. Zephania Mothopeng but strongly condemns the restrictions still imposed on him;

11. Demands the lifting of the ban on the African National Congress of South Africa, the Pan Africanist Congress of Azania and other political and anti-apartheid organizations;

12. Demands that South Africa desist from its brutal repression, torture and harassment of organizations and individuals engaged in the legitimate struggle against the apartheid policies;

13. Further demands that South Africa desist from its campaign of abduction and assassination of political refugees and members of the liberation movements based in neighbouring States;

14. Strongly condemns South Africa for its indiscriminate use of force against unarmed demonstrators and its widespread use of torture and other forms of inhuman and degrading treatment against political opponents;

15. 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;

16. Commends all movements and mass organizations of South Africa for their resistance and united action to make the apartheid system unworkable;

17. Demands that South Africa take immediate steps to ensure that all South Africans are afforded the opportunity of access to a unified, free educational system designed to be consistent with the development of a profound appreciation of the brotherhood of mankind, liberty and peace;

18. Condemns South Africa for its military pressures and other destabilization policies towards the front-line States and for its support, encouragement and provision of material resources to armed bands and mercenaries who seek to destabilize front-line and neighbouring States;

19. Commends the front-line and other neighbouring States for their unending sacrifice to the cause of freedom and human dignity in South Africa and calls upon the international community to increase its financial, material, political and moral support to the national liberation movements of South Africa and also the front-line States to enhance their capability to bring to an immediate end apartheid and its diabolic and repressive institutions;

20. Urges all States which have not yet done so to cease any form of support or assistance to the racist régime of South Africa;

21. Calls upon the Security Council to impose mandatory sanctions against the South African régime, in discharge of its responsibility under Chapter VII of the Charter of the United Nations;

22. Endorses, pending the adoption of comprehensive and mandatory sanctions, the following measures that have been adopted by certain countries and organizations and commends them to the wider international community for urgent adoption and implementation:

(a) Prohibition of the transfer of technology to South Africa;

(b) Cessation of the export, sale or transport of oil and oil products to South Africa and of any co-operation with South Africa's oil industry;

(c) Cessation of further investments in, and financial loans to, South Africa or Namibia and of any governmental insurance guarantee of credits to the racist régime;

(d) Cessation of all promotion of or support for trade with South Africa, including governmental assistance to trade missions;

(e) Prohibition of the sale of kruggerrand and any other coins minted in South Africa;

(f) Prohibition of imports from South Africa of agricultural products, coal, uranium, iron and steel, etc.;

(g) Termination of any visa-free entry privileges and of the promotion of tourism to South Africa;

(h) Termination of air and shipping links with South Africa;

(i) Cessation of all academic, cultural, scientific and sports relations with South Africa and of relations with individuals, institutions and other bodies endorsing or based on apartheid;

(j) Suspension or abrogation of agreements with South Africa, such as agreements on cultural and scientific co-operation;

(k) Termination of double taxation agreements with South Africa;

(l) Ban on government contracts with majority-owned South African companies;

23. Strongly recommends to the Economic and Social Council that, in order fully to sensitize international public opinion, particularly that of youth, to the realities of apartheid, a year be declared "Academic Year against Apartheid" and that the subject "The evils of apartheid" be taught in all educational institutions throughout the world;

24. Recalls the adoption by the General Assembly of the International Convention against Apartheid in Sports in resolution 40/64 G of 10 December 1985;

25. Endorses the recommendations of the Ad hoc Working Group of Experts contained in its report (E/CN.4/1989/8);

26. Decides to renew the mandate of the Ad Hoc Working Group of Experts, composed of the following persons acting in their personal capacity: Mr. Felix Ermacora (Austria); Mr. Humberto Diaz Casanueva (Chile); Mr. Mulka Govinda Reddy (India); Mr. Elly-Elikunda E. Mtango (United Republic of Tanzania); Mr. Branimir Jankovic (Yugoslavia); Mr. Mikuel Leliel Balanda (Zaire);

27. Decides that the Ad Hoc Working Group of Experts should continue to investigate and study the policies and practices which violate human rights in South Africa and Namibia, as well as infringements of trade-union rights in South Africa, in accordance with Economic and Social Council resolution 1987/63 of 29 May 1987;

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

29. Reviews 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 prisons in South Africa and Namibia and the treatment of prisoners in such a manner that:

(a) The Ad Hoc Working Group of Experts would be guaranteed free, confidential access to any prisoner, detainee, ex-prisoner, ex-detainee or any other persons;

(b) The South African Government would provide a firm undertaking that any person providing evidence for such an investigation would be granted immunity from any State action arising from participation in the investigation;

30. Requests the Ad Hoc Working Group of Experts 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;

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

32. Requests the Ad Hoc Working Group of Experts to submit its interim report to the Commission at its forty-sixth session and to the General Assembly at its forty-fifth session and its final report to the Commission at its forty-seventh session;

33. Invites the Chairman of the Commission to do his utmost to play a more active role in supporting initiatives for promoting a negotiated solution to the South African problem;

34. Reiterates its earlier invitation to the Special Committee against Apartheid to strengthen co-operation with the Ad Hoc Working Group of Experts, in particular to transmit regularly all information that may assist the Group in carrying out its mandate;

35. 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;

36. 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.