Pastor Paulus Gowaseb, who between them represent the majority of the African population of Namibia. In a nutshell, they endorsed the Court's opinion, condemned the slavery-like contract labor system and anachronistic Bantustans and demanded human rights and freedom and independence for one Namibia. Inspired by the Court's opinion, sustained by the moral and spiritual force of the church and guided by the political teachings of their liberation movement, the Namibian students and youth also grew restive and defiant in the cause of liberation. Then followed the nationwide strike of the Namibian workers in December 1971. The strike brought to a complete standstill the whole complex of the commercial and industrial life of white Namibia. All these political actions by the Namibians individually or collectively were directed against everything that the illegal regime of Vorster represents in Namibia. The reaction of the regime was predictable. On February 4, 1972, it imposed an emergency proclamation which is still in force throughout the northern one-third of Namibia. Paramilitary units were mobilized and dispatched to all the trouble areas to suppress the strikers and their supporters, amid shameless denials of slave conditions and unfounded charges that agitators, intimidations from SWAPO and political conspiracy were responsible for the political upheaval. What we are suggesting here is that the political situation in Namibia has been explosive ever since the middle of 1971. The situation has had the effect of on the one hand motivating our people inside the country forward from a condition of political inertia to a united militance, and on the other hand it has driven the unlawful regime of ex-Nazi Vorster to dangerous extremes. A massive campaign has been launched to stifle the militancy of our people and break the back of their resistance movement. Their daily lot has been mass arrests, detentions, banishments, torture, public floggings and murder. This then is the fate of the Namibians; this then is the background to the most recent political developments in Namibia. Recent political developments: Our London office has prepared a memorandum on the political developments in Namibia for a period from May to October 1973. I have made this document available to the honorable members of the committee for information and records.* Therefore, the period that we intend to cover here begins roughly where that report left off. Toward the end of last year, three young SWAPO militants: Jeremia Edandjo (26), Martin M. Kapawasa (23), and Jakob Nghidinua (22) were arrested. They were charged under the notorious Sabotage Act for addressing a political rally in Katutura, near Windhoek. On August 12, 1973 and for having allegedly incited their listeners to violence. They were paraded through those kangaroo courts and finally sentenced to 8 years imprisonment each. Obviously, these charges were trumped up. What these youth were trying to do was to try to exercise their civil liberties; the very liberties that Vorster promised the United Nations Secretary General, Dr. Waldheim, would be insured for the African majority of Namibia. The Windhoek Advertiser, one of the leading white papers in Namibia, of January 14, 1974 carried a headline which read: "155 arrested at 4 The memorandum appears in the appendix at p. 256. barricade as police strike at SWAPO." These members of SWAPO were arrested while en route to Rehoboth, some 48 km. south from Windhoek, where they were going to hold a public meeting. During a "Predawn swoop by 360 policemen," as it was reported in the local press, another group of 186 people (45 women) were arrested in the Ovambo quarter of the Katutura Township, which is one of the living symbols of the Bantustan schemes. According to the Windhoek Advertiser of January 18, 1974, "some of those who were arrested were physically assaulted by the police and treated inhumanly. By January 18, 1974, about 313 of our people fell victims to these mass arrests. Next campaign was directed against the leadership of our youth wing. The same paper quoted above reported on January 21, 1974: "For all practical purposes the established leadership of SWAPO Youth League has ceased to exist with the latest arrests made in Ovambo where they succeeded in apprehending David Shikomba." the fugitive chairman of SWAPO Youth League in Windhoek who was haunted by the police for 4 months." With his arrest the figure rose to 384. Other prominent leaders of our youth wing are noted personalities such as Ezriel Taapopi, Mr. Shikomba's replacement during latter's ordeal with the fascist police, and Nepembe, who ranks highly in the leadership of the Youth League. The last group of victims to date include, one of the highest ranking SWAPO leaders inside the country, Mr. David Meroro, our national chairman. Mr. Nathaniel Maxuilili, acting president of SWAPO has been restricted to the Walvisbay magisterial district since 1972. The others arrested together with Mr. Meroro are: Azel Johanes, SWAPO Secretary in Windhoek, Daniel Shiwangurula, SWAPO executive member in Windhoek, and Shihepe Mvili, a member of the Youth League. These are a few examples of a much deeper and extensive police terror campaign of the illegal regime in Namibia against our people. These criminal acts together with the public floggings of political offenders in not too distant past in Namibia are all direct responsibilities of Vorster and his fellow gangsters. In 1967, the Pretoria regime rushed a bill through its all white parliament, namely the Terrorism Act, specifically meant for SWAPO. Under the draconic terms of this act many of our leaders and members were sent to jail, for long periods, including 20 years to life. This law was made retrocative to 1962 in order to cover the entire period during which we have been engaged in military activities. Now the regime is embarked upon another strategy that is to frustrate and destroy the popular will of the masses. But just the same way that we managed to sustain the great loss in men and equipment in 1967, we shall also prevail in this hour of trials and tribulations. And to this extent, I would like to submit newspaper clippings as evidence. Mr. DIGGS. Without objection, it will be included in the record. Mr. GURIRAB. They answer a series of questions put to our spokesman in Nambia and give answers to our position inside the country. 5 According to the Windhoek Advertiser (March 15, 1974) Shikomba was sentenced to 6 years imprisonment after having been found guilty of contravening the Sabotage Act. [The articles referred to follow:] [The Windhoek Advertiser, Feb. 14, 1974] "IMPRISONMENT WON'T DETER OUR STRUGGLE"-SWAPO WINDHOEK.-Imprisonment under the Act of Terrorism or the Act of Sabotage will not deter South West Africa's Blacks from continuing the "struggle". This blunt statement was made yesterday by a young Black leader, one of the latest to have mushroomed in the past few weeks since Police action has deprived the Swapo Movement of its leadership. Speaking was Mr. Tuli Hiveluah, the movements latest secretary-cum-liaison officer, a tense, bony man who in a sweeping gesture explains that the organisation's leadership has not been wiped out by the ten arrests under the Act on Terrorism. Prison, he said, was nothing and he himself was ready to face it. So were his colleagues. It did not matter whether they too were locked up because there "were many more" to take their place. He emphasised that there was no assistance from abroad, but, a liaison exists between the office-bearers here and those in exile. A new campaign was about to be launched he said, adding on being questioned, that in his opinion violence would not be a part of it. The new proposed political action was not only to be confined to Windhoek but also to Walvis Bay, to Owambo and other places in South West Africa. In this new political offensive there as common ground between his movement and other Black political organisations who had associated themselves with the aims of Swapo, he said. "WE ARE NOT CONCERNED WITH OUR FATE"-SWAPO SPOKESMAN (By a Staff Reporter) WINDHOEK.-His hawk-like ebony face flashed into alertness. He is one of the last remaining office bearers of Swapo. He is not a fugitive but he is visibly tensed and watches every movement his back straightening as the tape-recorder was switched on. From his back pocket he produces first a typewritten statement, a bitter attack on the Windhoek Advertiser, going so far as to accuse us even of geographical ignorance. It is an unbridied peroration and we are told that we want to deprive the Black man of his rights and even his dignity. His name is Tuli Hiveluah, Swapo's latest secretary and liaison officer because the others are in prison, but he never wavered when asked: "Are you not afraid of prison?-He presses his lips together. "No, I am not, nor are the many waiting to be elected as office bearers of Swapo". Apart from his letter which is nothing but a vitriolic attack on us, we asked him for the courtesy of an interview. He makes no secret of the fact that he is a Black Nationalist, determined to go to the end. Imprisonment is nothing. After his turn, others are waiting, to take his position. Do you mind if we record you on a tape-recorder?-No. Has the arrest of the Swapo leaders wiped out the Organisation's leadership?No. Is Swapo going underground now, or will it campaign openly and publicly as in the past?-We will continue to operate openly. We will not go underground. The arrest of these men means that you will have to find new officer bearers?-Yes, that will be done and there are so many waiting to be elected. Are you scared of prison?-No, I am not. Are you getting foreign aid such as financial assistance?—No. Have you informed the Swapo leadership in exile about the situation here, such as the arrests of your office bearers-We have. Are other Black organisations associating themselves with what you call your 'struggle'?—Yes, they are very sympathetic. Is violence going to be part of you, new campaign?-Not in my opinion. What is going to be your very first step now?-We have already applied for permission to hold a political meeting, a public one in Katutura this coming Sunday, February 17. So it means that you are not going to be deterred whatever happens?-That is correct. We are not concerned about what is going to happen to us. What are these reports about thousands of "Namibian" stamps on their way to South West Africa?—I have just read about it. What is the story about a very important meeting between the Swapo movement here and a delegation of Swapo in exile and to take place in Botswana ?Yes, I have heard about it. I have heard that it is going to be very soon, something like the end of this month. Who is coming from abroad and who will be sent from here?—I do not know. Is it true that groups of Blacks belonging to your movement are gathering unofficially here, and in other places in South West Africa to discuss the situation and to formulate new plan?-Yes, it is true all over the country. He is visibly relieved when the tape recorder is switched off and emphasised that he was now in a sort of "secretarial liaison officer position." He leaves no doubt that he is very proud of his new position. The Advertiser is admonished not to use it's "sardonic tongue" and he reminds you finally that all are one in Jesus. Mr. GURIRAB. The latest information is that the top SWAPO leaders who were arrested the last have been charged under the Terrorism Act. So, their lives hang now in balance. Not only is the offense under this statute broadly defined, but the burden of proof is upon the accused to establish his innocence. A very difficult task for an African in Namibia. For example, section 6 of the act, under which the SWAPO leaders are being charged, permits the arrest without warrant at the instance of a senior police officer of any person he has reason to suspect is a so-called terrorist or has information relating to "terrorists," and the detention for an unlimited period of such a person for the purpose of interrogation. Another harsh feature of this statute is that while he is being interrogated, the accused is not allowed to see anybody, including his lawyers. Mr. Chairman, honorable members of the committee, friends, ladies, and gentlemen, this is the result of the more than 50 years of fascist South African administration in Namibia, which was originally meant for her "to promote to the upmost the material and moral well-being and social progress of the inhabitants of the territory, toward eventual freedom and independence just like the other former mandated territories." In conclusion, we want to cry out on behalf of these victims in the loudest possible way. And we sincerely hope that your Government will demonstrate through practical actions rather than words the strength of your opposition to the criminal policies of the South African regime in Namibia, in the words of Mr. Charles Yost, the former Permanent of the United States to the United Nations. Before I conclude, Mr. Chairman, I would also like to enter a statement by the new Commissioner for Namibia that he made upon his arrival in Lusaka, Republic of Zambia, because it contains very important facts. Mr. DIGGS. Without objection, it is so ordered. [The information referred to follows:] STATEMENT BY UNITED NATIONS COMMISSIONER FOR NAMIBIA, SEAN MACBRIDE, ZAMBIA, FEBRUARY 19, 1974 I have just taken up duty as the United Nations Commissioner for Namibia. I regarded it as essential to come in the first instance to Lusaka to consult with the Zambian authorities and the leaders of the South West Africa People's Organization. In addition, of course, I came to visit my office here and to meet Namibian refugees who have been so generously granted asylum in Zambia. I want you to understand that the meaning of my journey is not purely symbolic; I want to formulate and discuss a programme of action with those who are most directly involved and whose judgment I respect. We have to break new ground in this struggle for Namibia, so that the world and also South Africa will understand that neither the African people nor the United Nations are prepared to tolerate the continued illegal occupation of Namibia. Efforts to engage in a dialogue with the South African Government not only failed but showed up the intransigence of the South African Government. This has made the United Nations more conscious than ever of the obligation to fulfill the commitment the United Nations solemnly undertook in 1966. While I am speaking to you today there are dark clouds overhanging Namibia. The South African authorites have reneged on the promises they gave to the Secretary-General in writing. There would be, they had said, no impediments to political activity, but their deeds have been different. All the known leaders of SWAPO are now being charged or detained without trial. Hundreds of other Namibians are daily brought to court and sentenced on flimsy charges arising from the application of the so-called pass law. The intention of the South African authorities is clear-no political activity is to be allowed in the Territory. Not only is it the intention of the South Africans to prevent the people of Namibia from expressing politically their desire for complete independence but they are, as all oppressive colonial dictatorships, seeking to sow terror among the people they misrule. It is essential that the white people of South Africa should make a reappraisal of their situation in light of the realities of the world of today. The oppression of the overwhelming majority of the people of Namibia by a small white colonial racist minority cannot subsist. Not only are the peoples of Africa not prepared to accept this but the entire international community is determined to end this situation. The principles of democracy and of national self-determination are now universally accepted. The actions of the South Africa authorities in Namibia reflect a growing disregard for the elementary human rights of the people. Injustices and violations of the internationally recognized norms of human rights can no longer be relegated to a dark corner of the international conscience. The violations of human rights in Namibia and the defiance of the express decisions of the international community are now becoming the top priorities for international action. One feature of the present worsening in Namibia which is worrying is the failure of the press and media in many parts of the world to inform public opinion adequately of the repression which is taking place and of the attempts which are being made to suppress the South West Africa People's Organization. The international press must not allow the South African authorities to cajole it into accepting what amounts to a conspiracy of silence. The financial and strategic influence of South Africa in the Western world is only too well known but the international press will not allow these considerations to silence it in the face of injustice. Today's oppression and how to cope with it is one thing. But there must be also a long-term programme for an independent united Namibia, and the cadres to make that a reality must be organized and trained. It is not going to be easy, but the Namibians have the necessary courage and determination, and the international community will give them their full support. Mr. GURIRAB. Thank you, Mr. Chairman. Mrs. Landis. STATEMENT OF ELIZABETH S. LANDIS, VICE PRESIDENT, Attorney at law, A.B., Mount Holyoke College, 1942. M.S. in Pub. Adm., Syracuse University, 1943. LI.B, Cornell University, 1948 Doctorat en droit de l'Université de Lyon (France). Co-editor, Liberian Code of Laws of 1956. Professor of African Studies, American College in Paris 1962-64, consultant and legal advisor to United Nations Commissioner for Namibia 1969-72. Author of various articles on South Africa and Namibia published in Yale Law Journal and Cornell Law Quarterly; of publications issued by Denver University Center on International Race Relations and the United Nations; and of a Review and |