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APPENDIX II

RESOLUTION 284 (1970)

Adopted by the Security Council at its 1550th meeting,
on 29 July 1970

The Security Council,

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 report 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

APPENDIX 4

TSUMEB-A PROFILE OF UNITED STATES CONTRIBUTION TO UNDERDEVELOPMENT IN NAMIBIA

(A report prepared by Reed Kramer and Tami Hultman, published by the Corporate Information Center of the National Council of Churches, 475 Riverside Drive, New York, N.Y. 10027, telephone (212) 870-2295. For more information on Tsumeb, Newmont Mining Corp., and American Metal Climax, Inc., contact the Corporate Information Center, April 1973.)

Foreign capital from the United States, West Germany, Britain and France has joined in a criminal alliance with South Africa to fight our people in their struggle for national liberation and for world peace.

Continued South African misrule is made possible by the ready support and encouragement she receives from overseas exploiters, for whom apartheid is a corporate insurance policy guaranteeing the perpetual exploitation of Namibia's wealth and people.

South West African People's Organization (SWAPO)

This country, which is our country, is being exploited by greedy entrepreneurs, robbed of its wealth, and rendered barren for the future. Our fear is that when freedom finally comes to this land, it will be returned to us with no minerals left.

Clemens Kapuuo, Leader of the Herero People

If it weren't for the mining industry, South West Africa would go back to the bush.

J. P. Ratledge, Tsumeb Corporation General Manager

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TSUMEB:

A PROFILE OF UNITED STATES CONTRIBUTION TO UNDERDEVELOPMENT IN NAMIBIA

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To most Americans, South West Africa probably represents a vague area of the African continent about which little is known; less familiar still is the name Namibia, the territory's official United Nations designation. Yet the current instability in the area and participation by U.S. companies in its economy have far-reaching implications for future developments in Africa

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particularly in the white-dominated regions.

Since 1920 the former German colony has been administered by the Republic of South Africa, though the United Nations has asserted and the World Court has concurred that continued South African control is illegal. Central to the dispute is the extension to Namibia of South Africa's apartheid system of centralized white control over scattered and divided ethnic groups of indigenous peoples."

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Namibian resistance to foreign domination dates back to the German occupation, but in recent years the South African government had managed to, con1 vey the impression that acquiescence to its policies has been achieved." During the past year, however, the fact of determined internal opposition to South Africa has been internationally recognized. A crippling nation-wide strike, the visit of U.N. Secretary-General Waldheim to the area, efforts toward a unified Black political movement within the territory, and intensification of the six-year-old armed struggle have made clear that Namibian people with no voice in the administration of their country will not allow themselves to be ignored.

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Two United States mining companies Newmont Mining Corp. and American Metal Climax Inc., (AMAX) -- control and substantially own the major American investment in Namibia. Both are part owners of Tsumeb Corporation Limited, the territory's leading producer of base metals and the largest private employer.

This case study has two main purposes: (1) to provide information about Tsumeb's operations, since both Newmont and American Metal Climax have thus far refused to comply with disclosure requests; 2 and (2) to analyze the implications of Tsumeb's operations for Namibians and for the United States.

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Located in the southwestern corner of the African continent, Namibia has a total land area of 317,827 square miles, making it more than twice the size of California and equal to the combined areas of Texas and New York. With a population of 750,000 people (1970), the territory has a very low density approximately 2.35 people per square mile. [The Netherlands, for example, has 935 people per square mile; the U.S. 56, and New York 400. 7

A note on terminology: the words "indigenous" and "Black" will be used in this paper to refer to all population groups other than whites. Although they have certain limitations, the terms are clearly preferable to "non-white."

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The three major topographical areas of the country are the Namib Desert, a 50 to 80 mile strip down the west coast accounting for 15 percent of the total land area, a diversified Central Plateau of mountains, ridges, valleys, and plains that cover nearly half the country, and the semi-desert Kalahari in the east, characterized by terrestrial sands and limestone. There are no navigable waterways within the boundaries and the only permanent rivers are on the northern and southern borders and rise from outside the territory.3

In a news release dated September 23, 1971, the South African Department of Statistics gave preliminary detailed figures showing the population of South West Africa as of May 6, 1970. A brief summary using South African racial categories follows:

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chart.

Namibia is populated by numerous ethnic groups, as shown in the above To implement its apartheid or "separate development" policy, the South African government is creating "homelands"* for each indigenous population group.

Almost all of these areas are in the northern sector. Only the reserves for the Rehobothers, Namas, and Tswanas fall within what has historically Police Zone. All whites live within the police zone, which was successively extended northward in 1953, 1954, and 1965."

been called the

* In a report on "Contract Labour in South West Africa," John Kane-Berman of the South African Institute of Race Relations makes this comment: "It will be noted that I have used the terms 'reserve' and 'Bantustan' rather than the official term 'homeland' to refer to what were formerly generally known as the African Reserves in South and South West Africa. The objections to the term 'homeland' are: (1) it is descriptively inaccurate in that the places which many Africans regard as their homes are not in the nominal 'homelands' but in the 'white' areas; (2) the concept implies that Africans have no title to exercise rights of citizenship anywhere in South Africa outside the officially designated areas."

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