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saulted to such an extent that she was listed in critical condition in a hospital. Over 16 others were also hospitalized, and 26 were arrested. It is not known what the charges were or how many are still in jail. During the past 12 months, there have been a large number of reported incidents of repression of the Ovambo people by the "bantustan" leaders of Ovambo, who are sympathetic to the apartheid policies of the South African Government. It would be impossible to list all of them. Quite a sizable number of persons have reportedly been detained or arrested by police in that area; however, the exact number of arrests or persons still in detention is not known. Part of the reason for the lack of information about events in the Ovambo "bantustan" (often still referred to as Ovamboland) is that in July 1973 the Commissioner-General of Southwest Africa barred all press representatives from the "bantustan" except for the representative of the South African Press Association.

On August 19, 1973, South African police sealed off Katatura and the streets therein. A special proclamation by Windhoek's chief magistrate prohibited further public meetings after 12 noon, August 19, 1973. On the following day, August 20, 300 to 400 Ovambos in Katatura went on strike to protest South African rule. The strikers were violently dispersed by police with nightsticks, dogs, and automatic weapons. It is not known how many persons were jailed or arrested. During the week of October 22 to the 26, Ovambo "bantustan" police in the Kwanyama area forced the Anglican archdeacon of Odibo, the Venerable Philip Shilongo, to leave his church, St. Mary's Mission, and he was removed to an isolated place in the hinterland despite a court order against his removal. On the day of Archdeacon Shilongo's removal, the other Anglican archdeacon of St. Mary's Mission, the Venerable Lazarus Haukongo, was struck on the head with a club by "bantustan" police outside the church. He required hospital treatment for his injuries.

Recently, the South African Government has intensified its intimidation of the black political dissidents. On January 13, 1974, 155 men, women, and children, all members of SWAPO, were arrested and jailed by police as they were enroute from Windhoek to Rehoboth, where they were going to attend a public political meeting. Most of the people were charged with failure to have the proper travel documents, even though they had obtained a permit from the authorities in Rehoboth to hold and attend the meeting. Under the "pass" laws, a black person must have a document entitling him to travel between Windhoek and Rehoboth; but because these towns are so close together, the requirement is in practice waived for a person who has a permit to be in Rehoboth. This time, however, the police stopped and arrested them. It appears that the arrests or detentions were carried out to prevent the meeting from taking place. Some of the persons held were charged with "pass" violations and were released after the payment of a fine. The police would not say how many persons are still in jail.

Five days later, on January 18, a force of 360 policemen with dogs moved into the Ovambo quarter of Katatura in a predawn raid during which 186 persons were jailed. The newspaper account in the Johannesburg Star of January 19, 1974, states that the "mopping-up operation" was widely interpreted as a further strike at SWAPO. During

that 5-day period, January 13 through 18, the police detained or arrested at least 313 persons. It is not known how many people are still incarcerated, where they are being held, or what, if any, charges were placed against them, because the police refuse to give any information to anyone, even lawyers instructed to represent the detainees. The police referred all inquiries to the Administrator for Southwest Africa, who would not give out any information.

It was reported on February 6 that five important SWAPO officeholders were being detained by police. The Lawyers' Committee immediately cabled cooperating lawyers in Windhoek to ascertain the nature of the charges against them and insure that they were being adequately represented by counsel. The five are Ezriel Taapopi, acting chairman of the SWAPO Youth League; Arel Johannes, SWAPO secretary in Windhoek; David Shiwangurula, SWAPO secretary in Walvis Bay; Benjamin Namalambo, SWAPO executive in Windhoek; and Shihepo Mbili, SWAPO Youth League executive. A reply cable from lawyers in Windhoek informed us that they could not obtain any information.

The Lawyers' Committee was informed on Friday, February 8, by the U.N. Commissioner for Namibia that David Meroro, national chairman of SWAPO, had been detained at 2 a.m. that morning at his home by South African police who also searched his office and confiscated documents. After attempts to gather further information from various sources had turned up nothing, I called a lawyer in Windhoek the next day to obtain information and instruct him on behalf of the Lawyers' Committee to represent Mr. Meroro and the others being held by the police. The lawyer informed me that Mr. Meroro was, in fact, being held, but that nobody was allowed to visit him or even know of the place of his detention. He said that the police would not divulge whether any charges had been placed against Mr. Meroro or give any reasons for his incarceration. In fact, no information was given by the police regarding any of the persons in jail-not even the names or total numbers of those being held. The attorney related that all inquiries were now being referred to the commissioner of police in Pretoria, South Africa-1,000 miles away. On February 11, the Cape Times reported that Southwest Africa Administrator B. J. Vander Walt stated that Mr. Meroro is being held for questioning in connection with the arrests of other SWAPO personalities. Still no charges or legal authority have been cited for the detentions.

I have just received a weekly edition of the Johnannesburg Star, a leading South African newspaper. I received it this morning and noted that it contains recent stories about events in Namibia. I ask permission to hand in this copy of the Star for the committee's record. Mr. DIGGS. Without objection, it is so ordered. [The articles referred to follows:]

[Johannesburg Star, International Airmail Weekly Edition, February 16, 1974]
STAND BY SWAPO's YOUTH

(The Star Bureau)

WINDHOEK.-The South West Africa People's Organisation youth league would never surrender, its vice chairman, Mr. Shindabih Mashalaleh, vowed in Windhoek. He said: "Our peaceful struggle for freedom will be pursued to the end." His defiant statement was made at a time when 10 Swapo and youth league leaders are in custody under the Terrorism Act.

Mr. Mashalaleh added that, contrary to reports in the Nationalist Press and elsewhere, the youth league lived on. The arrests were a bad blow, but not the end of the road.

He announced that the league planned to hold a public rally in Katutura township on Sunday, with or without permission.

"We are not afraid of being arrested under the Terrorism Act," he said. "We are not terrorists. We are trying to convince Mr. Vorster and his Government, peacefully, that they should understand and attend to our demands.

"If our leaders are arrested we shall elect new leaders. We are many. The police will have to jail the whole of Namibia (SWA) to break us.”

Mr. Mashalaleh said that the league did not want violence. Violence was self-destructive.

POLICE ARE AFTER THE SWAPO YOUTH

(By Clive Cowley on Life in South West Africa)

A prison truck stops outside the Bantu Commissioner's Court in Windhoek. Behind wiremesh windows, locked in the truck, dusky faces sing freedom songs. A crowd gathers to listen and watch.

"Move back," a police officer commands.

The crowd is not near the truck, but the police keep the prisoners locked up. Reinforcements arrive—perhaps 10 men in all-with batons ready.

The crowd edges away in utter silence.

Suddenly dogs, two of them, run into sight. They are kept on a tight leash, but the crowd jumps back in fright, and the police feel it safe to let the prisoners out of the truck and into a small room next to the court.

The national chairman of the South West Africa People's Organisation, Mr. David Meroro, approaches the senior officer with a polite request. It is that relatives of the prisoners should be allowed to attend the trials.

Permission is refused. The officer says that the court is too small for everyone. The only Blacks in the public gallery are Mr. Meroro and an aide. The crowd waits unseen outside, with the patience of Africa, while the law takes its course inside.

MINOR CASES

Green paint peels off the walls. Neon lights glare overhead. The prisoners are escorted into court singly to face charges such as failure to produce travel, identity and/or work documents.

They are mostly fined around R5 (or 10 days in jail) for each offence, although some are ordered to return home to Ovambo, like a girl nicknamed "Miss Namibia, whose cheerleader style and gladrags in Swapo colours brighted many a political rally.

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The charges are minor, but the game is serious. For the Swapo Youth League is ecstatically preaching "freedom this year" and the police are moving grimly to break up the organisation.

In two swoops this year the police arrested at least 313 men and women. Some turned out to be loiterers and petty criminals, but the snare was clearly sprung for the Youth League.

A nameless youth, asked how the Blacks expected to attain freedom this year, told me darkly: "You will see meetings. You will see demonstrations. You will see things that have never happened in this territory before."

The police are on standby for months on end. Quite apart from the help of municipal constables, newly trained in the use of sophisticated weapons, reinforcements are sometimes rushed to Windhoek from distant stations for raids in Katutura township.

Upwards of 3,000 Africans-officially called vagrants-were last year "deported" to Ovambo from the White ruled south. Crime declined dramatically, but political tension increased.

Meanwhile the senior National Convention, a united front of anti-South African parties, is relatively inactive and silent. It is the SWAPO youth league which is making the running with the police in hot pursuit.

SWA GAG ON POLICE

(The Star Bureau)

WINDHOEK.-An official silence has been imposed on further information about police action against the South West Africa Peoleague.

The Administrator of SWA, Mr. Ben van der Walt, announced the blackout in a one-sentence statement: "Circumstances are such at the moment that it is no longer necessary for me to issue Press statements in connection with police action against possibly subversive activities of the SWAPO youth league."

The administrator was the only authorised spokesman on the subject. Not even the divisional commissioner of police, Brigadier Wally Louw, was prepared to talk to the Press.

Ten top officials of SWAPO and its youth league-among them the national chairman, Mr. David Meroro-are being held for questioning.

Mr. WACHHOLZ. These actions by the South African Government. and its surrogates in the "bantustan" administrations must be viewed in light of international legal standards applicable to South Africa and Namibia. Under the Mandate for South-West Africa, the Government of South Africa assumed the obligation to "*** promote to the utmost the material and moral well-being and social progress of the inhabitants of the territory subject to the present Mandate." Even though South Africa has lost its right to administer the mandate, the International Court of Justice in its advisory opinion of June 21, 1971-"Legal Consequences for states of the continued presence of South Africa in Namibia-South-West Africa-notwithstanding security Council Resolution 276 (1970)"-declared that South Africa "remains accountable for any violations *** of the rights of the people of Namibia." International law thus obligates South Africa to afford all reasonable and necessary protection against abuse of the rights of the inhabitants of Namibia, such as the recent floggings, mass arrests, political repression, and attendant flagrant injustices.

In defining the rights which South Africa is bound to respect under international law, it is necessary and appropriate to have regard for the provisions of the United Nations Charter, the Universal Declaration of Human Rights and other authoritative sources of the law today. By articles 55 and 56 of the United Nations Charter South Africa, as a member state, pledges to take action to promote "respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion." The charter is an international treaty to which South Africa is a party, and South Africa's pledge in these articles is a serious and important obligation under it. The Universal Declaration of Human Rights is persuasive evidence of the norms appropriate under the charter, and even though the Government of South Africa did not vote for the universal declaration it is held accountable by the international community for violations of the basic rights enunciated in that document. I have a copy of the text of the Universal Declaration of Human Rights which I would like to submit for the record.

Mr. DIGGS. Without objection, it is so ordered.

[The text follows:]

TEXT OF UNIVERSAL DECLARATION OF HUMAN RIGHTS

On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights, the full text of which appears in the following pages. Following this historic act the Assembly

called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

[Final Authorized Text-United Nations Office of Public Information]

UNIVERSAL DECLARATION OF HUMAN RIGHTS

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore, the General Assembly proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3. Everyone has the right to life, liberty and security of person.

Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6. Everyone has the right to recognition everywhere as a person before the law.

Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9. No one shall be subjected to arbitrary arrest, detention or exile.

37-052-74—2

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