1. The clearest illustration of the success of South African government propaganda about Namibia came in mid-1971. About two weeks before the World Court decision unfavorable to South Africa was announced, that govemment invited a group of international press reporters to tour the territory. Stories appeared in a number of publications, including the New York Times, Time, Newsweek, The Times (London), London Daily Telegraph, and the London Daily Mail South African journalist, Peter Younghusband, a frequent contributor of sensational and racist articles to South African publications, reported in Newsweek (July 5, 1971) that "there was no indication whatsoever that the 350,000-strong Ovambos are ill-treated as U.N. critics have charged." Younghusband also. suggested that Ovambos are content with South African rule and that "apartheid rigidly applied throughout the Republic of South Africa hardly touches Southwest Africa." Paul Hoffman, in the New York Times (June, 23, 1971), related his impression that Ovambos support South African policies in Namibia. - Only five months after their visit the territory was shaken by a large strike of contract workers almost all of them Ovambos, Namibia's largest ethnic group. Despite the reporters' assessments, the workers expressed their opposition to South African policies, specifically the contract labor system. The incident is only one example of U.S. (and other ) press reporting that reflects a view biased toward South Africa. 2. 3. For more details see "Conclusion and Actions" (pp. 19-25) in this document "Geographical Features of South West Africa," in Anthony Lejeune (compiler), The Case for South West Africa, London, 1971, pp.194-195. 4. Sean Gervasi, "The South West African Economy," in Ronald Segal and Ruth First, South West Africa: Travesty of Trust, London, 1967, pp. 146-147. 5. 6. Ibid. Financial Mail, Johannesburg, August 4, 1972. 7. G.M.E. Leistner, "South West Africa's Economic Bonds with South Africa," in Lejeune, op. cit., p. 213. 8. United States Department of State, "South West Africa (Namibia), "Background Notes, 1970, p. 1. 9. "Open Letter to His Honour the Prime Minister of South Africa," from Bishop Dr. L. Auala, Chairman of the Church Board of the Ev. Lutheran Ovambokavango Church, and Moderator Pastor P. Gowaseb, (Rhennish Mission Church), (mimeo), June 30, 1971. 10. John Kane-Berman, "Contract Labour in South West Africa," South African Institute of Race Relations, February, 1972, p.5. 11. Government Printer, South Africa Statistics 1968; South African Quarterly Bulletin of Statistics, March 1971; A Survey of South Africa and South West Africa, Standard Bank, July, 1971. 12. Dept. of Foreign Affairs, South West Africa Survey 1967, p. 61, and authors calculations based on the 1965 figures. 13. United Nations Economic Commission for Africa, charts on GDP for African 18. South West Africa Survey 1967, op. cit., and G. Krogh, "The National Income and Expenditure of South West Africa (1920-56)," South African Journal of Economics, Vol. 28, 1960, Table I. 19. Department of Foreign Affairs, South West Africa Survey 1967, p. 71, and J. P. Ratledge, General Manager of Tsumeb, interviewed by Tami Hultman and Reed 20. 21. U.S. Department of State, op. cit. p. 5 David Newsom, Assistant Secretary of State for African Affairs, in Hearings Before the Subcommittee on Africa of the Committee on Foreign Affairs House of Representatives, Government Printer, May 20, 1970, p. 175. 22. United States Mission to the United Nations, Press Release, May 19, 1970. George Houser, Statement to the U.N. Council for Namibia, January 19, 1972. Objective: Justice, United Nations Office of Public Information, October, 1971 reprint, p. 18. 23. 24. 25. Table by Department of Commerce, in U.S. Business Involvement in Southern 27. Erwin A. Weil, Vice President and Secretary of AMAX, in a memorandum to the Securities and Exchange Commission regarding the AMAX Proxy Statement, March 2, 1972. 28. Various annual reports of Newmont, AMAX, O'Okiep, Tsumeb (1970 only), Selection Trust, and South West Africa Company. 29. Tsumeb Annual Report, 1970. 30. 31. 32. Windhoek Advertiser, December 14, 1971 Compiled from annual reports of O'Okiep, Newmont, and AMAX for 1971, plus data supplied by Newmont and AMAX officials. 33. 34. 35. 36. 37. 38. "Employee Contract," South-West Africa Native Labour Association (photocopy). Full text of statement by the Minister, Windhoek Advertiser, January 21, 1972. Observer, London, January 30, 1972, p. 6. Interview with Andreas Shipanga, South-West African People's Organization (SWAPO), June, 1971; the company side of the incident was given by Newmont officials. Observer, London, January 30, 1972. 39. 40. 41. 42. 43. Data confirmed by Newmont officials. Windhoek Advertiser, December 31, 1971. "Statement of Newmont Mining Corporation," February 4, 1972, p. 12. D. O. Pearce, telephone conversation, January 24, 1972. 44. J. P. Ratledge, interview, op. cit. 45. "Agreement of Employment," Tsumeb Corporation, Ltd., (photocopy supplied by Newmont officials). 46. P. Malozemoff, President and Chairman of Newmont, in a letter to the Editor, Wall Street Journal, April 19, 1972, and further detail supplied by company officials. 47. Data supplied by Newmont and AMAX officials. 48. 49. 50. "Statement of Newmont Mining Corporation," op. cit., pp. 10, 11. See, for example, the interview referred to in footnote 38 above. Other confirmations of the data were given to the authors by Namibians both resident in and exiled from their country. Winifred Armstrong, "A Visit to African Copper Mines," AMAX Journal, Vol. 9 No. 3, p. 15. 54. Francis Wilson, Labour in the South African Gold Mines, Cambridge University Press, 1972, Table 5, p. 46. 55. United Nations Document A/AC 109/ 1154, October 16, 1964, p. 71. 56. Unless otherwise noted, the following information about Tsumeb comes from the Ratledge interview and various Newmont annual reports, 1949-1971 · Based on a survey of Newmont annual reports, 1949-1971. J. P. Ratledge, interview, op. cit. Ibid. Advertisement in Wall Street Journal, September 5, 1969, Tsumeb Annual Report, 1970, and company data. 60. 61. 62. 63. 64. 65. 66. 67. 68. Leistner, op. cit., p. 213. J. P. Ratledge, interview, op. cit. Annual reports, Newmont and AMAX, 1970. Annual report, Newmont, 1971. Figures from Newmont annual reports, 1947-1971, compiled by Terence Strom, "Newmont Mining Corporation Southern African Operations," prepared for Course B95-1, Columbia Business School, Prof. James Stoner; May 15, 1972, p. 5. 69. Compiled from figures given above. Sources include AMAX Journal, 1964, and Tsumeb Annual Report, 1970. 70. 71. 72. 73. Information on Newmont, Merrill-Lynch Memorandum, June, 1970. Computed from Newmont annual reports. Newmont Annual Report, 1970. Scope for Investment, Union Acceptances, Ltd., Johannesburg, November, 1969; interviews with Newmont officials. 74. 75. Yearbook of Labour Statistics, 1971, International Labour Organization. Geneva. Computed from data in Tsumeb Annual Report, 1970, and Newmont Annual Reports, 1970 and 1971. 78. Clemens Kapuuo, in a letter and enclosure to London solicitors, September 13, 1971, reprinted in Leonard Lazar and Roger Murray, Namibia: Ill Fares the Land, Africa Bureau, London, 1972; also reprinted in United Nations Document S/10356. 79. Statement of Dr. Howard Schomer, secretary of the United Church Board for World Ministries, Newmont Mining Corporation annual meeting of shareholders, May 1, 1972 80. P. Malozemoff, in a letter to Tim Smith and Paul Irish, of the Council for Christian Social Action of the United Church of Christ, January 31, 1972. 81. Ian MacGregor, AMAX chairman, in a letter to W. K. Newman and H. E. Spragg, United Church of Christ, February 4, 1972. APPENDIX 5 RELEVANT EXCERPTS FROM ARTICLES APPEARING IN THE INTERNATIONAL COMMISSION OF JURISTS MAGAZINE "THE REVIEW" No. 7, December 1971 Excerpt from article entitled "South Africa and the Rule of Law" by Michael Davis. NAMIBIA (SOUTH WEST AFRICA) The appeal of the defendants who were convicted in the first Terrorism trial in 1968 resulted in the convictions being affirmed. Defence arguments based on the General Assembly Resolution (2145) terminating the Mandate, and the terms of the Mandate itself, were rejected. Five of the life sentences imposed were reduced to twenty years imprisonment, but in all other cases the sentences were upheld. A second trial of Namibians, involving 8 Defendants was held in Windhoek in mid-1969. On August 20, 1969, 6 of the Defendants were found guilty and sentenced to imprisonment ranging from life to 18 years. An appeal resulted in four of the life sentences being reduced to twenty years imprisonment. In addition to the continuing uncertainty as to the number of Namibians secretly held in detention, (said, in 1968, by the I.C.J. Observer, Prof. Richard A. Falk, to reportedly number 250) the South West African Peoples' Organisation (S.W.A.P.O.) contends that secret trials of Namibians have taken place. In March 1970 S.W.A.P.O. issued a statement that it had received a copy of an indictment against ten of its members who had been tried and sentenced in Pretoria. There has been no reference at all to this trial in the South African Press. Efforts by a British Member of Parliament, who had a copy of this inc ctr ent, to obtain information from the British Government met with no succes: fate of these ten Namibians is unknown. Current trends in South Africa thus indicate further entrenchment of authoritarian methods, the continuing violation of legal safeguards and extended denial of basic rights to those challenging the regime. Vigilance in regard to infringements of the rule of law is essential not only to keep the regime under international legal scrutiny, but also to evaluate the consequences of its illegal actions in Namibia in the light of the landmark opinion of the World Court, handed down on June 21, 1971. No. 3, September 1969 Excerpt from article entitled "Human Rights in the World: Southern Africa." SOUTH WEST AFRICA The second trial in which South West Africans were convicted under the Terrorism Act took place in Windhoek, South West Africa, in July. This trial was again in complete defiance of the UN resolution to terminate South Africa's Mandate over South West Africa and the fact that the UN claims jurisdiction over the territory. The men who have been on trial had been held in detention in Pretoria for up to three years; and there are reports that as many as 250 additional South West Africans are still being held in secret detention and incommunicado under the Terrorism Act. It is more than ever clear from these developments that southern Africa has entered a period of even greater repression. World legal opinion must be heard in protest against measures in this area which are calculated to prejudice the independence of the Judiciary and the legal profession, and also against legislation which, like the General Law Amendment Act in South Africa, provides an effective mechanism for consolidating a police state. No. 8, June 1973 Excerpt from article entitled “Human Rights and the World: Namibia." NAMIBIA The widespread general strike which occurred in Namibia (South West Africa) last December and January is one of the most remarkable events in the story of the fight against racial repression by the South African government. The strike began on 13 December 1971 with some 6,000 Ovambos in the Katutura compound outside Windhoek, a compound which was described by an editorial in the Windhoek Advertiser as "little less than a filthy ghetto". The strike quickly spread and by mid-January some 13,000 workers were on strike and 7 or 8 mines had been brought to a stand-still. This protest occurred spontaneously as all trade union activities are banned. The strike was directed against the contract system, which we have previously described as "akin to slavery". Under this system all Africian workers from the "reserves" were recruited by a corporation called SWANLA (South West African Native Labour Association) who then assigned them to a "master" with whom they had no contractual relationship. The contract was for one or two years and it was a criminal offence for the worker to leave his employment during the recruitment period. At the end of the period he was returned to his reserve and could not renew his contract. In this way he was deprived of the opportunity of acquiring skills. The workers had to live herded together in compounds and had to leave their wives and families behind in the reserves. They could not leave their compounds or work places without a pass from their "master". Wages were extremely low and only a tithe of those paid to white workers. The strikers' demands were for a legal agreement with their employer, freedom of choice as to their employment, the right to take their families with them, fair wages without racial discrimination, abolition of the pass system, and employment offices in all tribal towns and regions. The immediate result of the strike was the abolition of SWANLA and the introduction of a revised contract system at the end of January. Employment offices are to be provided by the Ovambo and Kavango legislative councils. The new contract will be between the worker and his employer. The worker may terminate the contract by notice. Other improvements include some small wage increases, the likelihood of shorter contract periods, the possibly of successive employments with the same employer and the right to unpaid home leave at the workers' expense during the period of service. Many of these improvements will have little effect in practice. The worst evils remain, the low wages, the compounds, the separation of families, the pass laws and other restrictions on movement. The revised recruiting procedure will cost the employer less, as clothing and blankets no longer have to be provided. The initial travel costs to the employment may now be deducted from the workers' wages, and the employer is only responsible for the return journey at the end of the contract. Owing to the low wages few workers will be able to afford to take the permitted holidays or to give notice terminating the employment. As in South Africa, a permit to seek work in a town is not issued unless there is a shortage of labour and "redundant" Africans may be "endorsed out" of the area and returned to the reserves. Without freedom of movement there is no freedom of choice. Associations of employers to fix uniform wage rates and working conditions, and the prohibition of trade union activities, ensure that there will be no free labour market or negotiated wage rates. The long term result of the strike remains to be seen. It has focussed world attention on the repression by the illegal regime in Namibia as nothing else has done. It must have given the Africans a new sense of confidence in their struggle for liberation, and for this reason it is to be expected that the South African regime will intensify its efforts to prevent any recurrences of collective action by the Africans. As a result of the strike, many Ovambos were arrested. The South African government have admitted to 247 arrests and in their last statement said that 83 were still in detention. Their identity is unknown. No charges have been made against them and no information is available about their fate. Twelve Ovambos and one coloured man were charged with: (1) imtimidating other workers to strike; (2) inciting other works to strike by threats of violence; (3) breaking their own labour contract by striking. |