"(3) that it is incumbent upon States which are not Members of the United Nations to give assistance, within the scope of subparagraph (2) above, in the action which has been taken by the United Nations with regard to Namibia."

7. Declares that all matters affecting the rights of the people of Namibia are of immediate concern to all Members of the United Nations and as a result the letter should take this into account in their dealings with the Government of South Africa, in particular in any dealings implying recognition of the legality of or lending support or assistance to such illegal presence and administration;

8. Calls once again on South Africa to withdraw from the Territory of Namibia; 9. Declares that any further refusal of the South African Government to withdraw from Namibia could create conditions detrimental to the maintenance of peace and security in the region:

10. Reaffirms the provisions of resolution 283 (1970), in particular paragraphs 1 to 8 and 11;

11. Calls upon all States in discharge of their responsibilities towards the people of Namibia and subject to the exceptions set forth in paragraphs 122 and 125 of the advisory opinion of 21 June 1971;

(a) To abstain from entering into treaty relations with South Africa in all cases in which the Government of South Africa purports to act on behalf of or concerning Namibia;

(b) To abstain from invoking or applying those treaties or provisions of treaties concluded by South Africa on behalf of or concerning Namibia which involve active intergovernmental co-operation;

(c) To review their bilateral treaties with South Africa in order to ensure that they are not inconsistent with paragraphs 5 and 6 above;

(d) To abstain from sending diplomatic or special missions to South Africa that includes the Territory of Namibia in their jurisdiction;

(e) To abstain from sending consular agents to Namibia and to withdraw any such agents already there;

(f) To abstain from entering into economic and other forms of relationship or dealings with South Africa on behalf of or concerning Namibia which may entrench its authority over the Territory;

12. Declares that franchises, rights, titles or contracts relating to Namibia granted to individuals or companies by South Africa after the adoption of General Assembly resolution 2145 (XXI) are not subject to protection or espousal by their States against claims of a future lawful Government of Namibia;

13. Requests the Ad Hoc Sub-Committee on Namibia to continue to carry out the task entrusted to it by paragraphs 14 and 15 of resolution 283 (1970) and, in particular, taking into account the need to provide for the effective protection of Namibia interests at the international level, to study appropriate measures for the fulfilment of the responsibility of the United Nations towards Namibia; 14. Requests the Ad Hoc Sub-Committee on Namibia to review all treaties and agreements which are contrary to the provisions of the present resolution in order to ascertain whether States have entered into agreements which recognize South Africa's authority over Namibia, and to report periodically thereon;

15. Calls upon all States to support and promote the rights of the people of Namibia and to this end to implement fully the provisions of the present resolution; 16. Requests the Secretary-General to report periodically on the implementation of the provisions of the present resolution.

RESOLUTION 310 (1972). VOTE: YES-13, No-0, ABSENT-2 (FRANCE, UK)

Adopted by the Security Council at its 1638th meeting, on 4 February 1972. The Security Council,

Taking note of the statement of the President of Mauritania, in his capacity as current Chairman of the Assembly of Heads of State and Government of the Organization of African Unity,

Taking note of the statement of the President of the United Nations Council for Namibia,

Gravely concerned over the present situation in Namibia and the repressive measures of the South African Government, following the strike of the African contract labourers in the country and the widespread and increasing manifestations of African resistance to the illegal occupation of the Territory by the South African Government,

Convinced that the Security Council, as a matter of urgency, should find ways and means to enable the people of the Territory to achieve self-determination and independence,

Conscious of the need for full co-operation of all Member States, in particular the permanent members of the Security Council and the main trading partners of South Africa, for this purpose,

Recalling its previous resolutions and those of the General Assembly pertaining to Namibia,

Conscious of the special responsibilities of the United Nations towards the people and Territory of Namibia,

Mindful of its responsibility to take necessary action to secure strict compliance with the obligations entered into by States Members of the United Nations under the relevant provisions of the Charter of the United Nations,

Reaffirming the inalienable rights of the people of Namibia to self-determination and independence in accordance with the General Assembly resolution 1514 (XV) of 14 December 1960,

Reaffirming also the national unity and territorial integrity of Namibia,

1. Strongly condemns the refusal of South Africa to comply with the resolutions of the General Assembly and Security Council pertaining to Namibia;

2. Reaffirms that the continued occupation of the South African Authorities in Namibia is illegal and detrimental to the interests of the people of Namibia;

3. Declares that the defiant attitude of South Africa towards the Council's decisions undermines the authority of the United Nations;

4. Strongly condemns the recent repressive measures against the African labourers in Namibia, and calls upon the Government of South Africa to end immediately these repressive measures and to abolish any system of labour which may be in conflict with basic provisions of the Universal Declaration of Human Rights;

5. Calls upon all States whose nationals and corporations are operating in Namibia notwithstanding the relevant provisions of Security Council resolution 283 (1970), to use all available means to ensure that such nationals and corporations conform in their policies of hiring Namibian workers to the basic provisions of the Universal Declaration of Human Rights;

6. Considers that the continued occupation of Namibia by the Government of South Africa in defiance of the relevant United Nations resolutions and of the Charter creates conditions detrimental to the maintenance of peace and security in the region;

7. Calls upon South Africa to withdraw immediately its police and military forces as well as its civilian personnel from the Territory of Namibia;

8. Decides that in the event of failure on the part of the Government of South Africa to comply with this resolution, the Security Council will meet immediately to determine upon effective steps or measures, in accordance with the relevant Chapters of the Charter, to secure the full and speedy implementation of this resolution;

9. Requests the Secretary-General to report to the Security Council on the implementation of this resolution not later than 31 July 1972.

RESOLUTION 342 (1973)

Adopted by the Security Council at its 1758th meeting, on 11 December 1973 The Security Council,

Recalling its resolutions 309 (1972), 319 (1972) and 323 (1972),

Having considered the report of the Secretary-General (S/10921 and Corr. 1),

1. Takes note with appreciation of the report of the Secretary-General;

2. Decides, in the light of the report and the documents attached thereto, to discontinue further efforts on the basis of resolution 309 (1972);

3. Requests the Secretary-General to keep the Security Council fully informed about any new important developments concerning the question of Namibia.

APPENDIX 9

ARTICLE ENTITLED, "LAWYERS' COMMITTEE CONTINUES WORK ON SOUTHERN AFRICAN PROBLEMS" FROM "COMMITTEE REPORT" JANUARY 1974

The Lawyers' Committee, through its Africa Legal Assistance Project, is providing legal assistance to the opponents of racial repression in South Africa where racism takes on astonishing dimensions. The Committee's work in South Africa started in 1967 when it began instructing lawyers there who had the courage to stand up and represent persons victimized by Government repression. This work, which has included both financial and substantive assistance in numerous cases in South Africa as well as major litigation in this country, has continued to date and is now coordinated by a special subcommittee of the Lawyers' Committee headed by George N. Lindsay, a former Co-Chairman of the Committee. Staff director of the project is Douglas P. Wachholz. Currently, the Committee's work is financed by foundations, lawyers and church organizations interested in international human rights problems.

Racism by Law

South Africa's rigid system of official segregation is the underpinning for the exploitation and repression of blacks. The South African Constitution itself (the Republic of South Africa Constitution Act (No. 32 of 1961)) requires racial discrimination in the law-making process and sets the tone for all other legislation. It states that only "white persons," who comprise only seventeen percent of the population of South Africa, may be members of Parliament, and the Electoral Consolidation Act (No. 46 of 1946) restricts the franchise to whites. Thus, the entire legislative process is limited exclusively to whites and, because the doctrine of legislative supremacy prevails, is virtually immune from judicial scrutiny.

The cornerstone of the comprehensive system of racial segregation in South Africa is the Population Registration Act (No. 30 of 1950), which provides for a registry of all South African citizens and permanent residents, each classified as either "white," "coloured," or "Bantu" (a person "who is, or is generally accepted as, a member of any aboriginal race or tribe of Africa"). Classification as a black ("Bantu") subjects one to an array of repressive laws not applicable to whites. Blacks must carry reference books, known as "passes,' containing their racial classification, official permission to work, employer's signature, tax receipts and a variety of other documents. Failure to produce a "pass" upon the demand of a police officer is a criminal offense. Similarly, any irregularity in the documents subjects the individual to immediate arrest and criminal prosecution. Nearly one out of every fifteen blacks is arrested every year for alleged violations of the "pass" laws.

Another statute, the Group Areas Act (No. 36 of 1960), forces blacks to live only in certain parts of South Africa. By that Act and related legislation blacks--who constitute over seventy percent of the population of South Africa-are relegated to approximately thirteen percent of the country's land, almost all of which is arid and unproductive. Similar restrictions regulate the employment of blacks. They can work in white areas only with the approval of the Government Labour Bureau, and such approval is given only for the convenience of the white employers. Blacks hired by those employers must sign employment contracts running for periods of one year or eighteen months, dur

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ing which time they are often separated from their families. The wages paid under this contract system are extremely low, with eighty percent of the contract workers earning less than starvation wages. Another thirteen percent earn only enough to live at a minimal level of decency. Moreover, regulations provide that blacks not needed by the white employers are "endorsed out" of white areas as "redundant Bantu" and sent back to black areas (known as "reserves" or "Bantustans").

A myriad of other acts and regulations keep blacks segregated. Laws prohibit them from entering "white" residential areas or engaging in occupations which the Government has designated for "whites only." In addition, they must use segregated facilities, marked "non-white only," in all factories and are segregated in public transportation, public buildings and all other public amenities.

Internal Security Laws

In addition to the legislation segregating blacks, the South African Parliament has passed a wide range of statutes giving the Government vast, unchecked authority to stifle any dissent. The Suppression of Communism Act (No. 44 of 1950) and the Terrorism Act (No. 83 of 1967) are the two best examples of this type of legislation. The Suppression of Communism Act makes it a criminal offense to engage in any scheme

Violations of certain sections of the Act are punishable by death, and the Minister of Justice can "ban" persons if he finds that they have "engaged in activities which are furthering or are calculated to further the achievement of some of the objects of communism." A banning order, for which there is no judicial review, severely restricts a person's movement, speech and right of association, often including the right to work at his profession.

The Terrorism Act, promulgated in 1967 but made retroactive to 1962, is a vague catch-all ostensibly designed to punish "the offence of participation in terroristic activities." It makes criminal any act committed "with the intent to endanger the maintenance of law and order," and imposes a minimum fiveyear sentence upon conviction. In certain instances, the death penalty can be applied. A person can be prosecuted under the Act for, inter alia, causing, encouraging or furthering "feelings of hostility between the white and other inhabitants of the Republic," or "embarrass[ing] the administration of the affairs of the State." The Act contains no minimal due process standards: any person can be summarily detained for interrogation without a warrant and held incommunicado under arbitrary conditions for an indefinite period; no one need be informed of the detention except the Minister of Justice; no one is permitted access to the detainee; and no court is permitted to judge the validity of the detention or order the release of the detainee. Moreover, the Act presumes the guilt of the accused and places upon him the burden of proving his innocence beyond a reasonable doubt. It is not known how many people

have been prosecuted under it, or how many have been detained or are still in detention. In many instances it is assumed that persons who have disappeared, especially critics of Apartheid, are victims of the Act.

The Lawyers' Committee's Work

The Committee's first effort in 1967 was to provide assistance in a case in which South Africa prosecuted thirty-seven black Namibians under the Terrorism Act, which was applied by South Africa to the international territory of Namibia (South West Africa) in violation of international law. Since that time, the Committee has given financial and legal assistance to attorneys handling wrongful death actions against the State Security Branch (the Security Police), cases where defendants and witnesses were tortured by the Security Branch, and cases where defendants were arrested for conducting peaceful demonstrations. In addition, the Committee has sent observers to some of the most important political trials in South Africa. A summary of the Committee's efforts are contained in its recently published Ten Year Report, available from the national office.

Currently, the Committee is assisting attorneys handling the defense in The State v. Beyers Naude, Peter Randall and Danie van Zyl. All the defendants are officials of the Christian Institute of South Africa, an organization which tries to promote and protect the rights of black South Africans and publishes a wide range of material concerning race relations there. The defendants are charged with violating a section of the Suppression of Communism Act which prohibits the recording, reproduction, printing, publication or dissemination of any speech, writing or statement of a banned person--even those made before he was banned. The Government bases its charges on several copies of an Institute document from which the defendants failed to remove the statements of a black leader who had been banned subsequent to the document's publication. In addition to the criminal prosecution, a special Government commission which has previously investigated other civil rights organizations whose leaders were thereafter banned is currently conducting an investigation of the Institute. The three defendants, together with seven other leaders of the Institute, refused to testify before the commission and now face contempt charges before the Pretoria Regional Court. The Lawyers' Committee is also assisting their attorneys in those trials. Both of these actions appear to be part of a Government effort to destroy the Christian Institute.

In another matter, the Lawyers' Committee recently instructed attorneys to act for two leaders of black opposition political parties in Namibia who were held incommunicado by South African police and charged with violating special regulations South Africa has applied to Namibia. At trial the defendants were acquitted of some of the charges and given reduced sentences on others. Immediately after the trial was over, South African police turned the men over to tribal authorities in the "reserve" demarcated for the Ovambo tribe. The two were then summarily and severely beaten by the tribal authorities. The beatings appear to have been ordered by the South African police, who have de facto control over the tribal authorities, because of the two men's vigorous legal defense in court. Their attorney stated publicly that the South African police were subverting legal procedures by using these tribal authorities to flog the men.