time and that most of the arrestees end, willy-nilly, working out their penalties at agricultural labor. In the early sixties it was revealed that Africans arrested for pass offenses were, in effect, being shanghaied to farms, sometimes even before they reached the courtrooms. In many cases they were taken away without any notice to their families and, since no one knew where they were, they were held indefinitely. A number died on the farms. The International Commission of Jurists first exposed the scandal to the world at large in its publication, South Africa and the Rule of Law (1960). The more aggressive English language newspapers and opposition Members of Parliament continued to probe the situation until reforms were promised. It should be noted that an African who is arrested for failure to have his pass in his possession is supposed to have an opportunity to produce it if he has an excuse for being without it when arrested (e.g., it is in the pocket of his jacket he did not pull on before going down the street for water to the nearest public tap): however, few Africans seem to be able to take advantage of this recent amelioration of the pass laws. Recent statistics indicate that there are some 700,000 arrests annually for pass offenses among a Black population of around 14,000,000. 81 Also, apparently, for some agricultural enterprises. 82This assumes a sufficiently rigorous American system of controls so that South West African producers could not ship their products from South Africa as products of that country, with South African certificates. 83 The most obvious example is the strictly enforced rule prohibiting visits by whites to "native reserves [homelands]” and “urban locations" (segregated housing areas for Africans around cities and towns) without written permission from the appropriate official. 84 For an expose of the problems of refugee students from southern Africa, see McAnally, "The Plight of Student Exiles in the U.S.A.," Africa Today, 17, 3 (May-June 1970). 85 The foreign residence requirement, in general a desirable provision, requires students to return to their home countries for at least two years after completing their studies (including approved apprenticeship or on-the-job training). This ensures that their own countries will reap some benefit from their acquired expertise; otherwise, a certain number of students would prefer to remain in the United States in comfort in good jobs for which their education has equipped them. 86A memorandum from the African-American Institute (which administered the Southern African Students Program until it was terminated in 1968) on the new law and its effect is reproduced in Africa Today, 17, 3 (May-June 1970). Secretary Rogers announced in March 1970 that the United States is now taking steps to issue travel documents, under the 1951 Geneva Convention on the Status of Refugees, to certain refugees in the United States, including Namibians and others from southern Africa. See Department of State Bulletin, 20 April 1970, p. 513. 87 Ambassador Yost, Press Release USUN-68 (70), 19 May 1970, also referring to a similar statement by Ambassador Goldberg. 88 Provided that they can unite in operating the station. APPENDIX I RESOLUTION 283 (1970)' Adopted by the Security Council at its 1550th meeting, The Security Council, Reaffirming once more the inalienable right of the people of Namibia to freedom and independence recognized in General Assembly resolution 1514 (XV) of 14 December 1960, Reaffirming its resolution 264 (1969) and 276 (1970) by which the Security Council recognized the decision of the General Assembly to terminate the mandate of South West Africa and assume direct responsibility for. the territory until its independence and in which the continued presence of the South African authority in Namibia as well as all acts taken by that Government on behalf of or concerning Namibia after the termination of the mandate were declared illegal and invalid, Recalling its resolution 269 (1969), Noting with great concern the continued flagrant refusal of the Government of South Africa to comply with the decisions of the Security Council demanding the immediate withdrawal of South Africa from the territory, Deeply concerned that the enforcement of South African laws and juridical procedures in the territory have continued in violation of the international status of the territory, Reaffirming its resolution 282 (1970) on the arms embargo against the Government of South Africa and the significance of that resolution with regard to the territory and people of Namibia, Recalling the decisions taken by the Security Council on 30 January 1970 to establish, in accordance with rule 28 of the provisional rules of procedure, an Ad Hoc Sub-Committee of the Security Council to study, in consultation with the Secretary-General, ways and means by which the relevant resolutions of the Council, including resolution 276 (1970), could be effectively implemented in accordance with the appropriate provisions of the Charter in the light of the flagrant refusal of South Africa to withdraw from Namibia, and to submit its recommendations to the Council, Having examined the report submitted by the Ad Hoc Sub-Committee (S/9863) and the recommendations contained in that report, Bearing in mind the special responsibility of the United Nations with regard to the territory of Namibia and its people, 1. Requests all States to refrain from any relations diplomatic, consular or otherwise with South Africa implying recognition of the authority of the South African Government over the territory of Namibia; 2. Calls upon all States maintaining diplomatic or consular relations with South Africa to issue a formal declaration to the Government of South Africa to the effect that they do not recognize any authority of South Africa with regard to Namibia and that they consider South Africa's continued presence in Namibia illegal; 3. Calls upon all States maintaining such relations to terminate existing diplomatic and consular representation as far as they extend to Namibia and to withdraw any diplomatic or consular mission or representative residing in the territory; 4. Calls upon all States to ensure that companies and other commercial and industrial enterprises owned by, or under direct control of the State, cease all dealings with respect to commercial or industrial enterprises or concessions in Namibia; 5. Calls upon all States to withhold from their nationals or companies of their nationality not under direct government control, government loans, credit guarantees and other forms of financial support that would be used to facilitate trade or commerce with Namibia; 6. Calls upon all States to ensure that companies and other commercial enterprises owned by the State or under direct control of the State cease all further investment activities including concessions in Namibia; 7. Calls upon all States to discourage their nationals or companies of their nationality not under direct governmental control from investing or obtaining concessions in Namibia, and to this end withhold protection of such investment against claims of a future lawful government of Namibia; 8. Requests all States to undertake without delay a detailed study and review of all bilateral treaties between themselves and South Africa in so far as these treaties contain provisions by which they apply to the territory of Namibia; 9. Requests the Secretary-General of the United Nations to undertake without delay a detailed study and review of all multilateral treaties to which South Africa is a party, and which either by direct reference or on the basis of relevant provisions of international law might be considered to apply to the territory of Namibia; 10. Requests the United Nations Council for Namibia to make available to the Security Council the results of its study and proposals with regard to the issuance of passports and visas for Namibians and to undertake a study and make proposals with regard to special passport and visa regulations to be adopted by States concerning travel of their citizens to Namibia; 11. Calls upon all States to discourage the promotion of tourism and emigration to Namibia; 12. Requests the General Assembly at its twenty-fifth session to set up a United Nations Fund for Namibia to provide assistance to Namibians who have suffered from persecution and to finance a comprehensive education and training programme for Namibians with particular regard to their future administrative responsibilities of the territory; 13. Requests all States to report to the Secretary-General on measures they have taken in order to give effect to the provisions set forth in the present resolution; 14. Decides to re-establish, in accordance with rule 28 of the provisional rules of procedure, the Ad Hoc Sub-Committee on Namibia and request the Ad Hoc Sub-Committee to study further effective recommendations on ways and means by which the relevant resolutions of the Council can be effectively implemented in accordance with the appropriate provisions of the Charter, in the light of the flagrant refusal of South Africa to withdraw from Namibia; 15. Requests the Ad Hoc Sub-Committee to study the replies submitted by Governments to the Secretary-General in pursuance of operative paragraph 13 of the present resolution and to report to the Council as appropriate; 16. Requests the Secretary-General to give every assistance to the Ad Hoc Sub-Committee in the performance of its tasks; 17. Decides to remain actively seized of this matter. APPENDIX II RESOLUTION 284 (1970) Adopted by the Security Council at its 1550th meeting, The Security Council, on 29 July 1970 Reaffirming the special responsibility of the United Nations with regard to the territory and the people of Namibia, Recalling Security Council resolution 276 (1970) on the question of Namibia, Taking note of the report1 and recommendations submitted by the Ad Hoc Sub-Committee established in pursuance of Security Council resolution 276 (1970), Taking further note of the recommendation of the Ad Hoc Sub-Committee on the possibility of requesting an advisory opinion from the International Court of Justice, Considering that an advisory opinion from the International Court of Justice would be useful for the Security Council in its further consideration of the question of Namibia and in furtherance of the objectives the Council is seeking 1. Decides to submit in accordance with Article 96 (1) of the Charter, the following question to the International Court of Justice with the request for an advisory opinion which shall be transmitted to the Security Council at an early date: "What are the legal consequences for States of the continued presence of South Africa in Namibia, notwithstanding Security Council resolution 276 (1970)?” 2. Requests the Secretary-General to transmit the present resolution to the International Court of Justice, in accordance with article 65 of the Statute of the Court, accompanied by all documents likely to throw light upon the question. 1S/9863 |