The UN and apartheid: a chronology.

Apartheid--an Afrikaans word meaning separateness--was the State system of institutionalized racial segregation and discrimination adopted by the South African Government in 1948 as an official policy until early 1990, when the Government committed itself to ending apartheid and establishing a non-racial and democratic system of government.

Under apartheid, South Africa's population was divided into separate groups according to colour-Black (African), White (European), Coloured and Indian. Black South Africans--some 73 per cent of the country's population--were systematically denied fundamental rights and liberties, not allowed to participate in the political life of the country, and subject to repressive laws and regulations.

This strictly observed segregation was regulated and enforced through a number of laws, chief among them being the Population Registration Act of 1950, under which racial categories were defined, a population register was compiled, and "identity cards" were issued. South Africa was divided into a White area and African reserves. Within the White urban areas, the Group Areas Act of 1950 was used to divide the non-White population into different residential areas--Coloured, Indian, Black--while the African population was further divided on an "ethnic" basis within the townships set aside for them.

There were ten reserves called "bantustans" (or the so-called "homelands") assigned to Africans, one for each of the "national units" of the African population as defined under the apartheid system. These re scattered into 81 separate and on-contiguous pieces of land. Although Africans outnumbered whites by more than 4 to 1, these reserves constituted only 13 per cent of the land in South Africa and conined some of the most arid and infertile areas.

UN involvement: Since 1946

Both the UN General Assembly and the Security Council have repeatedly declared apartheid incompatible with the UN Charter. The Assembly condemned apartheid as a crime against humanity. The Council termed it a crime against the conscience and dignity of mankind, and a threat to international peace and security. Over the years, UN organs agreed on a wide range of actions that could help end apartheid.

The question of South Africa's racial policies was first brought before the Assembly in 1946, when India complained that the Government had enacted legislation discriminating against South Africans of Indian origin. The wider question of racial conflict arising from South Africa's apartheid policies was placed on the Assembly's agenda in 1952. From 1962 to 1992, the Assembly considered both questions under the agenda item entitled "Policies of apartheid of the Government of the Republic of South Africa".

During the 1950s, the Assembly made repeated appeals to South Africa to abandon its apartheid policies in light of the principles of both the UN Charter and the 1948 Universal Declaration of Human Rights. South Africa, however, viewing the Assembly's decisions as illegal and unacceptable and in violation of the principle of non-interference in its internal affairs, consistently rejected the Assembly appeals and resolutions.

In 1961, in resolution 1598 (XV), the Assembly for the first time defined apartheid as a danger to international peace and security. Beginning in 1961, it asked States to consider taking a broad range of separate and collective actions to influence South Africa to abandon its racial policies. it called on States to: end diplomatic relations with the South African Government; close ports to all South African flag vessels: prohibit ships from entering its ports: boycott all its goods; ban exports to South Africa; refuse landing and passage facilities to all aircraft belonging to the Government and companies registered under South African laws; and called for a voluntary embargo on the supply of petroleum, petroleum products and strategic raw materials to the country. From 1962 through 1988, the Assembly repeatedly urged the Security Council to impose mandatory sanctions against South Africa.

Special Committee: The UN focal point 

In 1962, following the declaration of a state of emergency in South Africa and the suppression of protests, the General Assembly, in adopting resolution 1761 (XVII) on 6 November, established the Special Committee against Apartheid, to keep the Government's racial policies under constant review and report to the Assembly and the Security Council as appropriate.

The Special Committee became the focal point in the efforts of the international community to promote and monitor a comprehensive programme of action against apartheid and encourage support and assistance to South Africans and their liberation movements.

From 1965 through 1973, the credentials of the South African delegation were given specific consideration by the Assembly. However, it was not until 1974 that the Assembly, in resolution 3206 (XXIX), approving the report of its Credentials Committee, decided it would accept the credentials of representatives of Member States "with the exception of the credentials of the representatives of South Africa".

At the same meeting, on 30 September 1974, it called on the Security Council to review the relationship between the UN and South Africa (resolution 3207 (XXIX)). Meeting on 30 October, the Council was unable to adopt a resolution on this subject.

In his ruling of 12 November 1974, General Assembly President Abdelaziz Bouteflika of Algeria noted the consistency over the years with which the Assembly had refused to accept the credentials of the South African delegation, and stated that it "is tantamount to saying in explicit terms that the General Assembly refuses to allow the delegation of South Africa to participate in its work". This ruling was upheld by the Assembly by a vote of 91 to 22, with 19 abstentions. From that time, South Africa did not participate in the proceedings of the Assembly.

Also in 1974, the Assembly recommended that the South African regime be totally excluded from participation in all international organizations and conferences held under UN auspices for so long as it continued to practise apartheid. However, a proposal made to the Council in 1974 to immediately expel South Africa from the UN did not receive the necessary majority.

South Africa's establishment of "bantustans" or "separate homelands" for its African population was first condemned by the Assembly in 1970, which called their creation "fraudulent, a violation of the principle of self-determination and prejudicial to the territorial integrity of the State and the unity of its people". Subsequently, the Assembly condemned the proclamation of "independence" of four of these "homelands"--the Transkei, Bophuthatswana, Venda and Ciskei.

In 1984, the South African Government sought to introduce a "new constitution" through the holding of "elections" for segregated chambers for the so-called "coloured people" and people of Asian origin. The Assembly rejected the validity and relevance of the "new constitution" and the "elections", and declared them nu and void.

Liberation movements: a legitimate struggle

Over the years, UN bodies, particularly the General Assembly, have adopted a wide range of measures aimed at providing political, moral and material support for the South African liberation movements recognized by the Organization of African Unity (OAU)--the African National Congress of South Africa (ANC) and the Pan Africanist Congress of Azania (PAC).

The Assembly has recognized the "legitimacy of the struggle of the oppressed people of South Africa" in pursuing their human and political rights. The Assembly subsequently declared that the people have an inalienable right to use all available and appropriate means, including armed struggle.

The Assembly has appealed regularly for assistance to the South African people and their liberation movements, and has invited representatives of ANC and PAC to participate as observers in debates relating to the question of South Africa.

With regard to political prisoners, the General Assembly has on several occasions appealed for the liberation of all persons imprisoned or subjected to other restrictions opposed apartheid. it has condemned the torture and killings of detainees and, in specific cases, executions of persons for activities carried out in the struggle against apartheid, and has demanded prisoner-of-war treatment for freedom fighters.

Conventions and Declarations

The General Assembly in 1963 adopted the UN Declaration on the Elimination of all Forms of Racial Discrimination. In 1973, it adopted the International Convention on the Suppression and Punishment of the Crime of Apartheid, and also declared apartheid "a crime against humanity". The Assembly in 1977 adopted the International Declaration against Apartheid in Sports and in 1985 the International Convention against Apartheid in Sports.

Oil embargo 

On 12 December 1979, the General Assembly adopted resolution 34/93 F, putting in place an embargo against South Africa, by requesting all States to enact legislation prohibiting the sale and supply of petroleum and petroleum products to that country. In 1986, the Assembly called upon all States to broaden the scope of the oil embargo and established the Intergovernmental Group to Monitor the Supply and Shipping of Oil and Petroleum Products to South Africa.

A change on the horizon

During 1989, improvements in the international climate facilitating the peaceful resolution of conflicts were manifested in the southern Africa region by agreements that led to the independence of Namibia. Within South Africa, renewed demands by anti-apartheid organizations for a negotiated end to apartheid and a new constitutional order coincided with a change of thinking within the ruling party of the country towards a new policy which acknowledged the failure of apartheid and the need for constitutional change.

At its sixteenth special session, on 14 December 1989, the General Assembly adopted by consensus the Declaration on Apartheid and its Destructive Consequences in Southern Africa. By that text, the people of South Africa were encouraged to join together to negotiate an end to the aprtheid system and agree on measures necessary to transform their country into a nonracial democracy.

The Declaration dealt with fundamental principles for a new constitutional order, with the creation of a climate for negotiations, guidelines for the process of negotiations, and a programme of action in pursuance of the Declaration's objectives.

Significant steps to dismantle the apartheid system were taken by the South African Government since 1990, including: the lifting of the ban on ANC, PAC, the South African Communist Party and other political organizations; the unconditional release of political leaders, including ANC President Nelson Mandela, imprisoned by the regime for more than 27 years; the release of a large number of political prisoners; the granting of immunity for political offenses to South Africans, both inside and outside the country; and an agreement with the United Nations High Commissioner for Refugees (UNHCR) to allow the return of exiles and refugees to South Africa.

Goldstone Commission, CODESA 

The Government also repealed the most important apartheid legislation and entered into a National Peace Accord in 1991 with major political parties and organizations, aimed at promoting peace and reconciliation in violence-stricken communities and the country as a whole. A Commission of Inquiry regarding the Prevention of Public Violence and Intimidation, known as the Goldstone Commission --named after its Chairman, Justice Richard Goldstone--was also set up in terms of the Accord.

Beginning in December 1991, the Government launched a negotiating process with the parties concerned--first through the Convention for a Democratic South Africa (CODESA) and subsequently through the broader-based Multi-party Negotiating Forum.

They reached agreement on constitutional principles, political participation and the role of the international community, transitional arrangements and the time frame for the implementation of decisions leading to the holding of free, democratic and non-racial elections, and the adoption of a new constitution.

The negotiating process embarked upon by the parties culminated in a series of agreements reached during the second half of 1993. Among these was a set of binding constitutional principles for a democratic government, including a bill of fundamental human rights and an independent judiciary, as well as a decision that non-racial democratic elections leading to an interim parliament/ constituent assembly would be held on 26 April 1994. On 23 September, the South African Parliament passed a bill to establish the Transitional Executive Council (TEC) to oversee government operations and the preparations for the elections, with a view to ensuring that these would be free and fair. Bills were also passed enabling the independent Media and Electoral Commissions and the independent Broadcasting Authority to be set up. The TEC began its work on 7 December and the South African Parliament, in its last meeting on 22 December 1993, adopted a Constitution for the Transition Period, which will come into effect on 27 April 1994.

The interim constitution guarantees fundamental human rights, limits the president's power to declare a state of emergency, abolishes the homelands and divides the country into nine provinces. It also provides inter alia that a government of national unity responsible to the National Parliament (interim parliament/constituent assembly) will be established following elections in April 1994 and will continue until 1999, when national elections under a permanent constitution will be held. A constitutional court will have authority to resolve disputes of interpretation of constitutional provisions during the transition period between different levels of government.

Since 1990, the General Assembly has responded to these developments by calling for support for the process of political change and has emphasized the responsibilities of all political and other relevant parties in the country to bring about a peaceful transition to a non-racial South Africa. At its forty-eighth session, the Assembly amended the title of its agenda item on South Africa to "Elimination of apartheid and establishment of a united, democratic and non-racial South Africa"

Following an appeal by Mr. Mandela on 24 September 1993 in the Assembly Hall for the lifting of sanctions against South Africa and the subsequent decision on 29 September by the Ad Hoc Committee on Southern Africa of the OAU to call upon the international community at large, and the UN in particular, to respond positively to that appeal, the Assembly adopted by consensus on 8 October the first resolution (4811) of its session, deciding to lift all economic sanctions against South Africa with immediate effect, and the oil embargo as of the date when the TEC became operational.

After the TEC had met on 7 December 1993, the General Assembly was informed on 9 December by its President that the oil embargo was officially ended.

Broad-based support

The Assembly further underscored its broad-based support for the political process underway in South Africa, by adopting by consensus for the fourth year an omnibus resolution (481159 A) entitled "International efforts towards the total eradication of apartheid and support for the establishment of a united, non-racial and democratic South Africa". Among other things, the Assembly: strongly urged the South African authorities to exercise the primary responsibility of government to bring to an end the ongoing violence; urged all parties in South Africa, including those which did not participate fully in the multiparty talks, to respect agreements reached during the negotiations, recommit themselves to democratic principles, take part in the elections and resolve outstanding issues by peaceful means: requested the Secretary-General to accelerate planning for a UN role in the election process; and strongly urged the international community to assist the people of South Africa in the economic reconstruction of their country and ensure that the new South Africa began its existence on a firm economic basis.

In other texts, the Assembly terminated the mandate of the intergovernmental Group to Monitor the Supply nd Shipping of Oil and Petroleum Products to South Africa (481159 C), called for continued humanitarian and legal assistance to victims of repression and former political prisoners (48/159 D), and welcomed the expanding educational and training activities inside South Africa of the UN Educational and Training Programme for South Africa (481160).

Security Council action

The Security Council first considered the situation in South Africa in 1960, in response to the 21 March Sharpeville massacre in which 69 unarmed anti-apartheid demonstrators were killed. In this connection, the Council first called upon South Africa to abandon its apartheid policy The Secretary-General visited the country in 1961 for talks with the Government, but no mutually acceptable arrangement was found.

In resolutions 181 (1963) and 182 (1963), the Council considered that the situation in South Africa was seriously disturbing international peace and security, and instituted a voluntary embargo against the supply of arms to the country, calling on States to cease the sale and shipment of arms, ammunition, military vehicles, as well as equipment and materials for the manufacture and maintenance of arms and ammunition to South Africa.

After the failure of a first attempt in June 1975 by African States to make the arms embargo mandatory, the Council imposed a mandatory arms embargo against South Africa on 4 November 1977 by adopting resolution 418 (1977). It unanimously decided that all States would cease forthwith any provision to South Africa of arms and related materials of all types, including the sale or transfer of weapons and ammunition, military vehicle and equipment, paramilitary police equipment and spare parts for them, and also cease the provision of all types of equipment and supplies, and grants of licensing arrangements for their manufacture.

Gravely concerned that South Africa was at the "threshold of producing nuclear weapons", the Council also decided that all States should refrain from any cooperation with that country in the manufacture and development of such weapons. The Council also established a Committee to monitor the implementation of the mandatory arms embargo by adopting resolution 421 (1977).

Between 1960 and 1988, the Security Council adopted 2 5 resolutions on the question of South Africa, among which it: recognized the legitimacy of the struggle of the South African people for the elimination of apartheid and the establishment of a democratic society; called for the release of all political prisoners and the commutation of death sentences imposed on them; rejected the division of the country into "bantustans": declared as null and void the so-called "new Constitution" imposed by the Government in 1984; and demanded that South Africa stop its military aggression and destabilization of neighbouring African States.

In adopting resolution 569 (1985), the Council urged Member States to suspend all new investment in South Africa, prohibit the sale of coins minted in South Africa, restrict sports and cultural relations, suspend guaranteed export loans, and prohibit all sales of computer equipment that could be used by the South African army and police.

Subsequent to the adoption by the General Assembly on 14 December 1989 of the Declaration on Apartheid and its Destructive Consequences in Southern Africa (S-1611), the Council resumed its consideration of the question in July 1992. The Council, gravely concerned by the consequences of the escalating violence on the political process underway in South Africa, unanimously adopted resolutions 765 (1992) on 16 July and 772 (1992) on 17 August, in which it emphasized the greater involvement of the international community in facilitating the transition to a united, democratic and non-racial South Africa. The importance of such an involvement was further underscored by the appointment and subsequent missions of Special Envoys dispatched to South Africa by the Secretary-General and by the establishment of the UN Observer Mission to South Africa (UNOMSA) in September 1992.

In addition, the Secretary-General designated two Special Envoys to carry out separate fact-finding missions in 1992 to South Africa: Virendra Dayal (16-27 September), and Tom Vraalsen (22 November-9 December).

In reporting (S/25004) to the Security Council on 22 December 1992, the Secretary-General called on all parties to recognize that continued uncertainty over the country's future would only lead to further violence, instability and economic decline. He underlined that the principle of inclusiveness must be recognized as essential for a transition to democratic rule through free elections and new constitutional arrangements. Furthermore, the Secretary-General called on all political leaders to take immediate action to curb violence, while recognizing that the South African Government had primary responsibility for the maintenance of law and order.

In response to an unprecedented upsurge in violence especially in the area of the East Rand, during July and August 1993, the Council President on 2 4 August issued a statement on behalf of its members calling on all parties in South Africa to assist the Government in preventing opponents of democracy from using violence to threaten the country's democratic transition.

In that regard, the Council noted the proposal for a national peace force to restore and maintain order in volatile areas. It underlined that any such force must be genuinely representative of South African society and its major political bodies and, just as importantly, that it must have the confidence, support and cooperation of its people.

On 23 September 1993, the Secretary-General met in New York with South African President F.W. de Klerk, congratulating him on the historic decision adopted by the Parliament on the establishment of the Transitional Executive Council and assuring him that UNOMSA would be strengthened before the April 1994 elections.

Taking into account the progress in the multi-party negotiations, the Security Council in 1993 authorized two increases in the number of observers--to a total of 100-who would provide a nucleus for the UN element in the electoral process in South Africa.

On 23 November, the Council President issued a statement welcoming the successful completion of the multi-party negotiating process and the conclusion of agreements reached on an interim constitution and electoral bill.

On 16 December, the Council approved the appointment of Lakhdar Brahimi as the Secretary-General's Special Representative for South Africa, to assist in implementing relevant Council resolutions and decisions concerning South Africa and to coordinate the activities of other international observers.

The Special Representative joined a survey team in a visit to South Africa from 16 to 23 December. Consultations took place with the Government, political parties, representations transitional institutions, other intergovernmental observer missions, officials of the national peace structures, the Chairman of the Prontline States, and the diplomatic community in South Africa.

In his report of 10 January 1994 (A/48/845-S/1994/16), the Secretary-General outlined for the Security Council the legal framework for the electoral process and for the observation of the elections, proposed an expanded mandate for UNOMSA, and described the operational approach to be utilized for the observation of the elections, coordination and cooperation with other observer missions, and the resource requirements and organizational structure required under UNOMSA's expanded mandate.

RELATED ARTICLE:`We stood together'

"The United Nations raised its flag against the evil of apartheid. The world joined against it. Repeatedly, the nations and the peoples of the international community expressed their solidarity and support for the people of South Africa. We demonstrate that solidarity again, by our presence, by your presence today. Today's celebrations truly belong to all South Africans, whatever their party or affiliation. I pay tribute to all who had the vision to lead. I pay tribute to all who had the courage to join in this undertaking. I pay tribute to the international organizations and the Member States who contributed and who stood together with you."

Secretary-General Boutros-Ghali 10 May 1994, South Africa