United Nations

A/RES/42/23


General Assembly

Distr. GENERAL  

20 November 1987

ORIGINAL:
ENGLISH



                                                     A/RES/42/23
                                                     77th plenary meeting
                                                     20 November 1987
 
          Policies of apartheid of the Government of South Africa
                                      A
            International solidarity with the liberation struggle
                               in South Africa
     The General Assembly,
 
     Recalling its resolution 41/35 A of 10 November 1986,
 
     Having considered the report of the Special Committee against Apartheid,
in particular paragraphs 137 to 139 and 148,
 
     Gravely concerned at the escalating repression of and State terror
against opponents of apartheid and the increasing intransigence of the racist
regime of South Africa, demonstrated by the extension of the state of
emergency, the vast number of arbitrary detentions, trials, torture and
killing, including of women and children, the increased use of vigilante
groups and the muzzling of the press,
 
     Outraged by the racist regime's escalation of acts of aggression and
destabilization against neighbouring independent African States, including
assassinations and abductions of South Africans in those States, and the
continuing illegal occupation of Namibia,
 
     1.   Reaffirms its full support to the people of South Africa in their
struggle, under the leadership of their national liberation movements, to
eradicate apartheid totally, so that they can exercise their right to
self-determination in a free, democratic, unfragmented and non-racial South
Africa;
 
     2.   Reaffirms further the legitimacy of the struggle of the people of
South Africa and their right to choose the necessary means, including armed
resistance, to attain the eradication of apartheid;
 
     3.   Condemns the policy and practice of apartheid and, in particular,
the execution of patriots and captured freedom fighters in South Africa and
demands that the racist regime:
 
     (a)  Stay the execution of those now on death row;
 
     (b)  Abide by the Geneva Conventions of 12 August 1949 and Additional
Protocol I of 1977 thereto;
 
     4.   Demands again that the racist regime end repression against the
oppressed people of South Africa; lift the state of emergency; release
unconditionally Nelson Mandela, Zephania Mothopeng, all other political
prisoners, trade union leaders, detainees and restrictees and, in particular,
detained children; lift the ban on the African National Congress of South
Africa, the Pan Africanist Congress of Azania and other political parties and
organizations; allow free political association and activity of the South
African people and the return of all political exiles; put an end to the
policy of bantustanization and forced population removals; eliminate apartheid
laws and end military and paramilitary activities aimed at the neighbouring
States;
 
     5.   Considers that the implementation of the above demands would create
the appropriate conditions for free consultations among all the people of
South Africa with a view to negotiating a just and lasting solution to the
conflict in that country;
 
     6.   Appeals to all States, intergovernmental and non-governmental
organizations, mass media, and city and other local authorities as well as
individuals to increase urgently political, economic, educational, legal,
humanitarian and all other forms of necessary assistance to the people of
South Africa and their national liberation movements;
 
     7.   Also appeals to all States and intergovernmental and
non-governmental organizations to step up material, financial and other forms
of support to the front-line and other member States of the Southern African
Development Co-ordination Conference and thus assist them in resisting the
aggression, terrorism, destabilization, political subversion and economic
blackmail perpetrated by the racist regime;
 
     8.   Urges all States to contribute generously to the Action for
Resisting Invasion, Colonialism and Apartheid Fund set up by the Eighth
Conference of Heads of State or Government of Non-Aligned Countries with the
aim of increasing support to the liberation movements fighting the apartheid
regime and to the front-line States;
 
     9.   Decides to continue the authorization of adequate financial
provision in the regular budget of the United Nations to enable the South
African liberation movements recognized by the Organization of African Unity -
namely, the African National Congress of South Africa and the Pan Africanist
Congress of Azania - to maintain offices in New York in order to participate
effectively in the deliberations of the Special Committee against Apartheid
and other appropriate bodies;
 
    10.   Requests Governments and intergovernmental and non-governmental
organizations to exert their influence towards the implementation of this
resolution.
                                      B
         Application of co-ordinated and strictly monitored measures
                             against South Africa
     The General Assembly,
 
     Recalling and reaffirming its resolutions on sanctions against South
Africa,
 
     Taking note of the report of the Special Committee against Apartheid, in
particular paragraphs 10 and 11 and 141 to 149,
 
     Considering that measures taken by States individually and collectively,
while commendable, vary in coverage and degree of enforcement, which allows
the racist regime to exploit existing gaps,
 
     Commending the action taken by labour unions, women's organizations,
student groups and other anti-apartheid organizations for the total isolation
of the apartheid regime,
 
     1.   Urges all States that have not yet done so, pending the imposition
of comprehensive and mandatory sanctions, to adopt legislative and/or
comparable measures so as to impose effective sanctions against South Africa
and, in particular:
 
     (a)  To impose embargoes on the supply of all products, technologies and
services that can be used for the military and nuclear industry of South
Africa, including military intelligence;
 
     (b)  To impose an embargo on the supply of oil and petroleum products;
 
     (c)  To prohibit the import of coal, gold, strategic minerals and
agricultural products from South Africa and Namibia;
 
     (d)  To induce transnational corporations, banks and financial
institutions to withdraw effectively from South Africa and prevent them from:
 
     (i)  Investing in South Africa and Namibia;
 
    (ii)  Supplying directly or indirectly materials and technology to South
          Africa and Namibia;
 
   (iii)  Engaging in commercial transactions with South Africa;
 
    (iv)  Granting loans and credits to South Africa;
 
     (e)  To take appropriate measures to ensure the effectiveness of the
sports and cultural boycott of the racist regime of South Africa;
 
     2.   Further urges all States to monitor strictly the implementation of
the above measures and impose penalties on individuals and enterprises within
their jurisdiction that are involved in violating them;
 
     3.   Encourages States to ratify the International Convention against
Apartheid in Sports;
 
     4.   Requests the Secretary-General to submit a report to the General
Assembly at its forty-third session on measures taken by States and on their
implementation.
                                      C
           Comprehensive and mandatory sanctions against the racist
                            regime of South Africa
     The General Assembly,
 
     Recalling and reaffirming its resolution 41/35 B of 10 November 1986,
 
     Recalling its resolutions and those of the Security Council calling for
concerted international action to force the racist regime of South Africa to
eradicate apartheid,
 
     Having considered the report of the Special Committee against Apartheid,
in particular paragraphs 138 to 150, and the Declaration adopted by the World
Conference on Sanctions against South Africa,
 
     Gravely concerned at the continuing defiance by the apartheid regime of
the will of the international community, the regime's provocative
non-compliance with resolutions of the Security Council and the General
Assembly, its escalating terror against the people of South Africa, its
continuing illegal occupation of Namibia, and its acts of military aggression
and political and economic destabilization against independent African States,
 
     Expressing serious concern at the continued violation of the arms embargo
against South Africa,
 
     1.   Reaffirms that apartheid is a crime against humanity and a threat to
international peace and security, and that it is a primary responsibility of
the United Nations to assist in efforts to eliminate apartheid without further
delay;
 
     2.   Decides once again that the imposition of comprehensive and
mandatory sanctions by the Security Council under Chapter VII of the Charter
of the United Nations would be the most appropriate, effective and peaceful
means to bring apartheid to an end and to discharge the responsibilities of
the United Nations for the maintenance of international peace and security,
which are threatened and violated by the apartheid regime;
 
     3.   Urgently requests the Security Council, therefore, to take immediate
action under Chapter VII of the Charter with a view to applying comprehensive
and mandatory sanctions against the racist regime of South Africa and urges
the Governments of the United Kingdom of Great Britain and Northern Ireland,
the United States of America and others that are opposed to the application of
comprehensive and mandatory sanctions to reassess their policies and cease
their opposition to the application of such sanctions by the Security Council;
 
     4.   Urges the Security Council to strengthen the mandatory arms embargo
imposed by its resolutions 418 (1977) of 4 November 1977 and 558 (1984) of
13 December 1984 in order to bring to an end the continued violations of the
arms embargo.
                                      D
                  Relations between Israel and South Africa
     The General Assembly,
 
     Reaffirming its resolutions on relations between Israel and South Africa,
in particular resolution 41/35 C of 10 November 1986,
 
     Having considered the special report of the Special Committee against
Apartheid on recent developments concerning relations between Israel and South
Africa,
 
     Noting the measures recently announced by the Government of Israel
concerning its relations with South Africa,
 
     1.   Calls upon Israel to desist from and terminate forthwith all forms
of military, nuclear, intelligence, economic and other collaboration,
particularly its long-term contracts for military supplies to South Africa;
 
     2.   Further calls upon Israel to abide scrupulously by the relevant
resolutions of the General Assembly and of the Security Council;
 
     3.   Requests the Special Committee against Apartheid to continue to
monitor developments in the relations of Israel with South Africa, including
the implementation of the measures recently announced by Israel;
 
     4.   Further requests the Special Committee to keep the matter under
constant review and to report thereon to the General Assembly and the Security
Council as appropriate.
                                      E
 
         Programme of work of the Special Committee against Apartheid
     The General Assembly,
 
     Having considered the report of the Special Committee against Apartheid,
 
     1.   Commends the Special Committee against Apartheid for its work in the
discharge of its responsibilities, in particular the promotion of
international action against apartheid;
 
     2.   Duly takes note of the report of the Special Committee and endorses
the recommendations contained in paragraph 150 of the report relating to its
programme of work;
 
     3.   Decides to make a special allocation of $390,000 to the Special
Committee for 1988 from the regular budget of the United Nations to cover the
cost of special projects to be decided upon by the Committee;
 
     4.   Requests Governments and organizations to provide financial and
other assistance for the special projects of the Special Committee and to make
generous contributions to the Trust Fund for Publicity against Apartheid;
 
     5.   Appeals to all Governments, intergovernmental and non-governmental
organizations, information media and individuals to co-operate with the Centre
against Apartheid and the Department of Public Information of the Secretariat
in disseminating information on the deteriorating situation in South Africa in
order to mitigate the effects of the restraints on the press in South Africa
and to effectively counteract South African propaganda.
 
                                      F
                       Oil embargo against South Africa
     The General Assembly,
 
     Having considered the report of the Intergovernmental Group to Monitor
the Supply and Shipping of Oil and Petroleum Products to South Africa,
 
     Recalling its resolutions on an oil embargo against South Africa, in
particular resolution 41/35 F of 10 November 1986,
 
     Noting that, while oil-exporting States have committed themselves to an
oil embargo against South Africa, very few major shipping States have done so,
 
     Concerned that the racist regime of South Africa has been able to
circumvent the oil embargoes and comparable measures adopted by States,
 
     Commending action taken by labour unions, student groups and
anti-apartheid organizations against companies involved in the violation of
the oil embargo against South Africa, and for the enforcement of the embargo,
 
     Convinced that an effective oil embargo against South Africa would
complement the arms embargo against the apartheid regime, and serve to curtail
both its acts of aggression against the front-line States and its repression
of the peoples of South Africa and Namibia,
 
     1.   Takes note of the report of the Intergovernmental Group to Monitor
the Supply and Shipping of Oil and Petroleum Products to South Africa;
 
     2.   Again urges the Security Council to take action without further
delay to impose a mandatory embargo on the supply and shipping of oil and
petroleum products to South Africa as well as the supply of equipment and
technology to its oil industry and coal liquefaction projects;
 
     3.   Requests all States concerned, pending a decision by the Security
Council, to adopt effective measures and/or legislation to broaden the scope
of the oil embargo in order to ensure the complete cessation of the supply and
shipping of oil and petroleum products to South Africa and Namibia, whether
directly or indirectly, and in particular:
 
     (a)  To apply strictly the "end users" clause and other conditions
concerning restriction on destination to ensure compliance with the embargo;
 
     (b)  To compel the companies originally selling or purchasing oil or
petroleum products, as appropriate to each nation, to desist from selling,
reselling or otherwise transferring oil and petroleum products to South Africa
and Namibia, whether directly or indirectly;
 
     (c)  To establish strict control over the supply of oil and petroleum
products to South Africa and Namibia by intermediaries, oil companies and
traders by placing responsibility for the fulfilment of the contract on the
first buyer or seller of oil and petroleum products who would, therefore, be
liable for the actions of these parties;
 
     (d)  To prevent access by South Africa to other sources of energy,
including the supply of raw materials, technical know-how, financial
assistance and transport;
 
     (e)  To prohibit all assistance to apartheid South Africa, including the
provision of finance, technology, equipment or personnel for the prospecting,
development or production of hydrocarbon resources, the construction or
operation of oil-from-coal plants or the development and operation of plants
producing fuel substitutes and additives such as ethanol and methanol;
 
     (f)  To prevent South African corporations from maintaining or expanding
their holdings in oil companies or properties outside South Africa;
 
     (g)  To terminate the transport of oil to South Africa by ships flying
their flags, or by ships that are ultimately owned, managed or chartered by
their nationals or by companies within their jurisdiction;
 
     (h)  To develop a system for registration of ships, registered or owned
by their nationals, that have unloaded oil in South Africa in contravention of
embargoes imposed;
 
     (i)  To impose penal action against companies and individuals that have
been involved in violating the oil embargo;
 
     (j)  To gather, exchange and disseminate information regarding violations
of the oil embargo;
 
     4.   Requests the Intergovernmental Group to submit to the General
Assembly at its forty-third session a report on the implementation of the
present resolution, including a proposal for the strengthening of the
mechanism to monitor the supply and shipment of oil and petroleum products to
South Africa;
 
     5.   Requests all States to extend their co-operation to the
Intergovernmental Group in the implementation of the present resolution;
 
     6.   Requests the Secretary-General to provide the Intergovernmental
Group with all necessary assistance for the implementation of the present
resolution.
                                      G
       Concerted international action for the elimination of apartheid
  The General Assembly,
 
     Alarmed by the aggravation of the situation in South Africa caused by the
policy of apartheid, and in particular by the continuation of the nation-wide
state of emergency,
 
     Convinced that the root-cause of the crisis in southern Africa is the
policy of apartheid,
 
     Noting with grave concern that in order to perpetuate apartheid in South
Africa the authorities there have increasingly committed acts of aggression
and breaches of the peace,
 
     Convinced that only the total eradication of apartheid and the
establishment of majority rule on the basis of the free and fair exercise of
universal adult suffrage can lead to a peaceful and lasting solution in South
Africa,
 
     Noting that the so-called reforms in South Africa have the effect of
further entrenching the apartheid system and further dividing the people of
South Africa,
 
     Recognizing that the policy of bantustanization deprives the majority of
the people of their citizenship and makes them foreigners in their own
country, 
 
     Recognizing the responsibility of the United Nations and the
international community to take all necessary action for the eradication of
apartheid, and, in particular, the need for increased and effective pressure
on the South African authorities as a peaceful means of achieving the
abolition of apartheid,
 
     Encouraged, in this context, by the growing international consensus, as
demonstrated by the adoption of Security Council resolution 569 (1985) of
26 July 1985, and the increase in and expansion of national, regional and
intergovernmental measures to this end,
 
     Taking note of the Declaration adopted by the World Conference on
Sanctions against Racist South Africa,
 
     Convinced of the vital importance of the strict observance of Security
Council resolution 418 (1977) of 4 November 1977, by which the Council
instituted a mandatory arms embargo against South Africa, and Council
resolution 558 (1984) of 13 December 1984 concerning the import of arms,
ammunition and military vehicles produced in South Africa, and of the need to
make these embargoes fully effective in conformity with Council resolution
591 (1986) of 28 November 1986,
 
     Commending the national policies not to sell and export oil to South
Africa,
 
     Considering that measures to ensure effective and scrupulous
implementation of such embargoes through international co-operation are
essential and urgent,
 
     Taking note, in this respect, of the efforts undertaken by the
Intergovernmental Group to Monitor the Supply and Shipping of Oil and
Petroleum Products to South Africa,
 
     Noting with deep concern that, through a combination of military and
economic pressures, in violation of international law, the authorities of
South Africa have increasingly resorted to economic reprisals and aggression
against, and destabilization of, the neighbouring States,
 
     Considering that contacts between apartheid South Africa and the
front-line and other neighbouring States, necessitated by geography, colonial
legacy and other reasons, should not be used by other States as a pretext for
legitimizing the apartheid system or justifying attempts to break the
international isolation of that system,
 
     Convinced that the existence of apartheid will continue to lead to
ever-increasing resistance by the oppressed people, by all possible means, and
increased tension and conflict that will have far-reaching consequences for
southern Africa and the world,
 
     Convinced that policies of collaboration with the apartheid regime,
instead of respect for the legitimate aspirations of the genuine
representatives of the great majority of the people, will encourage its
repression and aggression against neighbouring States and its defiance of the
United Nations,
 
     Expressing its full support for the legitimate aspiration of African
States and peoples, and of the Organization of African Unity, for the total
liberation of the continent of Africa from colonialism and racism,
 
     1.   Strongly condemns the policy of apartheid which deprives the
majority of the South African population of their citizenship, fundamental
freedoms and human rights;
 
     2.   Strongly condemns the South African authorities for the killings,
arbitrary mass arrests and detention of members of mass organizations as well
as of individuals, the overwhelming majority of whom belong to the majority
population, who oppose the apartheid system and the state of emergency, and
for the detention of and use of violence against children;
 
     3.   Further condemns the overt and the covert aggressive actions, which
South Africa has increasingly carried out for the destabilization of
neighbouring States, as well as those aimed against refugees from South Africa
and Namibia;
 
     4.   Demands that the authorities of South Africa:
 
     (a)  Release immediately and unconditionally Nelson Mandela and all other
political prisoners, detainees and restrictees;
 
     (b)  Immediately lift the state of emergency;
 
     (c)  Abrogate discriminatory laws and lift bans on all organizations and
individuals, as well as end restrictions on and censorship of news media;
 
     (d)  Grant freedom of association and full trade union rights to all
workers of South Africa;
 
     (e)  Initiate without pre-conditions a political dialogue with genuine
leaders of the majority population with a view to eradicating apartheid
without delay and establishing a representative government;
 
     (f)  Eradicate the bantustan structures;
 
     (g)  Immediately withdraw all their troops from southern Angola and end
the destabilization of front-line and other States;
 
     5.   Urges the Security Council to consider without delay the adoption of
effective mandatory sanctions against South Africa;
 
     6.   Further urges the Security Council to take steps for the strict
implementation of the mandatory arms embargo instituted by it in resolution
418 (1977) and of the arms embargo requested in its resolution 558 (1984) and,
within the context of the relevant resolutions, to secure an end to military
and nuclear co-operation with South Africa and the import of military
equipment or supplies from South Africa;
 
     7.   Appeals to all States that have not yet done so, pending mandatory
sanctions by the Security Council, to consider national legislative or other
appropriate measures to increase the pressure on the apartheid regime of South
Africa, such as:
 
     (a)  Cessation of further investment in, and financial loans to, South
Africa;
 
     (b)  An end to all promotion of and support for trade with South Africa;
 
     (c)  Prohibition of the sale of krugerrand and all other coins minted in
South Africa;
 
     (d)  Cessation of all forms of military, police or intelligence
co-operation with the authorities of South Africa, in particular the sale of
computer equipment;
 
     (e)  An end to nuclear collaboration with South Africa;
 
     (f)  Cessation of export and sale of oil to South Africa;
 
     8.   Appeals to all States, organizations and institutions recognizing
the pressing need, existing and potential, of South Africa's neighbouring
States for economic assistance:
 
     (a)  To increase assistance to the front-line States and the Southern
African Development Co-ordination Conference in order to increase their
economic strength and independence from South Africa;
 
     (b)  To increase humanitarian, legal, educational and other such
assistance and support to the victims of apartheid, to the liberation
movements recognized by the Organization of African Unity and to all those
struggling against apartheid and for a non-racial, democratic society in South
Africa;
 
     9.   Appeals to all Governments and organizations to take appropriate
action for the cessation of all academic, cultural, scientific and sports
relations that would support the apartheid regime of South Africa, as well as
relations with individuals, institutions and other bodies endorsing or based
on apartheid;
 
     10.  Commends the States that have already adopted voluntary measures
against the apartheid regime of South Africa in accordance with General
Assembly resolution 40/64 I of 10 December 1985 and invites those which have
not yet done so to follow their example;
 
     11.  Reaffirms the legitimacy of the struggle of the oppressed people of
South Africa for the total eradication of apartheid and for the establishment
of a non-racial, democratic society in which all the people, irrespective of
race, colour or creed, enjoy fundamental freedoms and human rights;
 
     12.  Pays tribute to and expresses solidarity with organizations and
individuals struggling against apartheid and for a non-racial, democratic
society in accordance with the principles of the Universal Declaration of
Human Rights;
 
     13.  Requests the Secretary-General to report to the General Assembly at
its forty-third session on the implementation of the present resolution.
 
                                      H
                  United Nations Trust Fund for South Africa
     The General Assembly,
 
     Recalling its earlier resolutions on the United Nations Trust Fund for
South Africa, in particular resolution 41/35 G of 10 November 1986,
 
     Having considered the report of the Secretary-General on the United
Nations Trust Fund for South Africa, to which is annexed the report of the
Committee of Trustees of the Trust Fund,
 
     Gravely concerned at the tightening of the nation-wide state of emergency
and security regulations which criminalize and stifle political dissent and
protest, 
 
     Increasingly alarmed by the continued repression of leaders of democratic
political mass organizations, community and church leaders, trade unionists,
students, young people and children through political trials, detention
without charge or trial and severe sentences, including the death penalty,
 
     Reaffirming that increased humanitarian and legal assistance by the
international community to those persecuted under repressive and
discriminatory legislation in South Africa and Namibia is more than ever
necessary to meet the rapidly increasingly needs for such assistance,
 
     Strongly convinced that increased contributions to the Trust Fund and to
the voluntary agencies concerned are necessary to enable them to meet the
growing needs for humanitarian and legal assistance,
 
     1.   Endorses the report of the Secretary-General on the United Nations
Trust Fund for South Africa;
 
     2.   Expresses its appreciation to the Governments, organizations and
individuals that have contributed to the Trust Fund and to the voluntary
agencies engaged in rendering humanitarian and legal assistance to the victims
of apartheid and racial discrimination;
 
     3.   Appeals for generous and increased contributions to the Trust Fund;
 
     4.   Also appeals for direct contributions to the voluntary agencies
engaged in rendering assistance to the victims of apartheid and racial
discrimination in South Africa and Namibia;
 
     5.   Commends the Secretary-General and the Committee of Trustees of the
United Nations Trust Fund for South Africa for their persistent efforts to
promote humanitarian and legal assistance to persons persecuted under
repressive and discriminatory legislation in South Africa and Namibia, as well
as assistance to their families and to refugees from South Africa.