NAMIBIA

NAMIBIAESSENTIAL DOCUMENTS OFTHE UNITED NATIONS' INDEPENDENCE PLAN1976-89Compiled by: The Namibia Communications Centrelodo office: 0 Box 286 London WV08147 N Ielphone: 01833 2905 Teefx 01X817 4147 'iclex 94070500 NAMI G E, Mad: Telecom Gold 84 811A001COMMUICATIONSNES RO "CASLAST COLONI ... U CEN TRE

Published by Namibia Communications Centre P.O. Box 286 London WClX OELFirst published k989ISBN 1 872298 00 1 ring binder

CONTENTSPREFACEINTRODUCTIONSECTIONS1. AGREEMENTS DIRECTLY APPROVED BY THE SECURITY COUNCILDEFININGTHE BASIC PROVISIONS OF ITS RESOLUTION 435 (1978)2. OPERATIONAL PROPOSALS, DISPUTES, AND AGREEMENTS MADEPRIOR TO1 APRIL 1989 FOR THE IMPLEMENTATION OF RESOLUTION 435 (1978)3. AGREEMENTS BETWEEN NEIGHBOURING STATES CONCERNINGTHEIMPLEMENTATION OF RESOLUTION 435, AS CONFIRMED TO THEUNITEDNATIONS4.DECISIONS CONCERNING NAMIBIA'S TERRITORIAL INTEGRITYWITHRESPECT TO WALVIS BAY AND NAMIBIA'S OFF-SHORE ISLANDS5.OPERATIONAL PROPOSALS, INTERPRETATIONS AND AGREEMENTSMADESINCE 1 APRIL 1989 FOR THE IMPLEMENTATION OF RESOLUTION 435(1978)

London office: P.O. Box 286, London WClX OEL U.K. NAM IBIA Telephone:01-833 2905 Telefax: 01-837 4147 Telex: 94070500 NAMI G E. Mal: TelecomGold 84:NAM001 COM M UNICATIONSNEWS FROM AFRIS LAST COLONY. CENTRE

NAMIBIA: ESSENTIAL DOCUMENTS OF THEUNITED NATIONS INDEPENDENCE PLAN, 1976-89------------------------------------------------- --------------------contents list------------------------------------------------------------------PREFACEINTRODUCTION1. AGREEMENTS DIRECTLY APPROVED BY THE UN SECURITYCOUNCILDEFINING THE BASIC PROVISIONS OF ITS RESOLUTION 435 (1978)-------------------------------------------------------------------Jan1976Security Council resolution 38510 April 1978 Proposal for a settlement of the Namibiansituation27 July 1978 Security Council resolution 431 27 July 1978 Security Councilresolution 432 29 Aug 1978 Report of the Secretary General pursuantto paragraph 2 of Security Council resolution431 (1978)28 Sept 1978 Explanatory statement by the Secretary Generalregarding his report submitted pursuant to paragraph 2 of Security Councilresolution431 (1978)29 Sept 1978 Security Council resolution 435 13 Nov 1978 Security Councilresolution 439 12 July 1982 Letter from the Western Five contact groupto the Secetary General and annex "Principlesconcerning the constituent assembly and theconstitution for an independent Namibia" 8 July 1982 Namibia: informalchecklist (impartiality package) (confi19 May 1983 Paragraph 7 of the further report of theSecretary General concerning the implementationof Security Council resolution 435 (1978)and 439 (1978)31 May 1983 Security Council resolution 532 28 Oct 1983 Security Councilresolution 539 19 June 1985 Security Council resolution 566S/12636S/12827 S/12869S/15287 dential) S/15776The Namibia Communications Centre is an ecumenical agency working incooperation with churches in Africa, Europe and North America.

29 Nov 1985 Letter from the Secretary General to SA 30 Oct 1987 SecurityCouncil resolution 601 16 Jan 1989 Security Council resolution 629 23 Jan1989 Further report of the Secretary Generalconcerning the implementation of SecurityCouncil resolutions 435 (1978) and 439 (1978)

9 Feb 1989 Explanatory statement by the Secretary General concerning hisfurther report (S/20412)S/17658S/20412 S/2045716 Feb 1989 Security Council resolution 6322. OPERATIONAL PROPOSALS, DISPUTES AND AGREEMENTS MADEPRIOR TO1 APRIL 1989 FOR THE IMPLEMENTATION OF RESOLUTION 435 (1978)8 Sept 1978 Letter from SWAPO (via Tanzania and Zambia) to the SecretaryGeneral20 Sept 1978 Letter from SA to the Secretary General21 Oct 1978 Report of the Secretarypursuant to paragraph 7resolution 435 (1978)24 Nov 1978 Report of the Secretarypursuant to paragraph 7resolution 439 (1978)General submitted of Security CouncilGeneral submitted of Security Council2 Dec 1978 Supplementary report of the Secretary General submitted pursuantto paragraph 7 of SecurityCouncil resolution 439 (1978)26 Feb 1979 Report of the Secretary General concerningthe implementation of Security Councilresolution435(1978)and 439(1978)S/12841S/12853 S/12903 S/12938 S/12950 S/1312015 March 1979 15 March 1979Letter from SA to the Secretary General including annex entitled MilitaryDeployment Plan for UNTAG (Operational Implementation Document)Letter from the Secretary General to SA20 Nov 1979 Supplementary report of the Secretary Generalconcerning the implementation of SecurityCouncil resolutions 435 (1978) and 439 (1978)S/13172 S/13173 S/13634

31 March 1980 Further report of the Secretary Generalconcerning the implementation of SecurityCouncil resolutions 435 (1978) and 439 (1978) S/1386212 May 1980 Letter from SA to the Secretary General(enclosing text of a telegram from UNITA) S/1393520 June 1980 Letter from the Secretary General to SA S/1401124 Nov 1980 Further report of the Secretary Generalconcerning the implementation of SecurityCouncils resolution 435 (1978) and 439 (1978) S/14266

8 Jan 1981 Statements made by UN officials to the PreImplementation Meetingin Geneva:- by Mr Ahtisaari on the structure ofUNTAG and the role of the Special Representative;- by Chief Superintendant Steven Fanning on the UNTAG Police Monitors;- by Mr Kanakaratne on the election supervisory role of UNTAG9 Jan 1981 Further statements by UN officials to the PreImplementationMeeting in Geneva:- by Mr Paul Hartling on the role of UNHCR;- by General Prem Chand on the military I component of UNTAG10 Jan 1981 Mr Ahtisaari's answers to questions at the PreImplementationConference in Geneva19 Jan 1981 Further report of the Secretary Generalconcerning the implementation of SecurityCouncil resolution 435 (1978) and 439 (1978) S/1433329 Aug 1983 Further report of the Secretary Generalconcerning the implementation of SecurityCouncil resolution 435 (1978) and 439 (1978) S/1594329 Dec 1983 Further report of the Secretary Generalconcerning the implementation of SecurityCouncil resolution 435 (1978) and 439 (1978) S/162376 Jan 1984 Letter from SWAPO (via Zimbabwe) to the Secretary GeneralS/1625630 Aug 1984 Letter from SWAPO (via Zimbabwe) to theSecretary General S/167256 Sept 1984 Letter from SA to the Secretary General S/1673526 Nov 1984 Letter from Angola to the Secretary General S/168386 June 1985 Further report of the Secretary General concerning theimplementation of SecurityCouncil resolution 435 (1978) and 439 (1978) S/17242

6 Sept 1985Further report of the Secretary General concerning the implementation of SecurityCouncil resolutions 435 (1978) and 439 (1978)12 Nov 1985 Letter from SA to the Secretary General 29 Nov 1985 Letterfrom the Secretary General to SA3 March 1986 12 June 1986 31 March 1987Letter from SA to the Secretary General Letter from the Secretary General to SAFurther report of the Secretary General concerning the implementation of SecurityCouncil resolutions 435 (1978) and 439 (1978)27 Oct 1987 Further report of the Secretary Generalconcerning the implementation of SecurityCouncil resolutions 435 (1978) and 439 (1978)S/17442 S/17627 S/17658 S/17892 S/18150S/18767S/19234

19 Jan 1989 Approximate timing of the transition toindependence for Namibia (schedule issuedby the United Nations' secretariat)16 Feb 1989 Financing the United Nations TransitionalAssistance Group: report of the SecretaryGeneral to the General Assembly19 Feb 1989 Financing the United Nations TransitionalAssistance Group: report of the Advisory Committee on Administrative andBudgetaryQuestions (General Assembly)23 Feb 1989 Letter from the Secretary General to theSecurity Council28 Feb 1989 Financing the UN Transition AssistanceGroup: report of the Fifth Committee1 March 1989 3 March 1989 16 March 1989March 1989 16 March 1989A/43/997/addlA/43/997/add2S/20479A/43/998Resolution 43/232 of the General Assembly: financing the UN TransitionAssistance GroupLetter from the Secretary General to member states of the UN requesting financialassistance for the repatriation of NamibiansStatement by the UN High Commissioner for Refugees to the PledgingConference to fund the repatriation programme for Namibians in exile plus theoperation budgetUNTAG organisation chart and office of the UN Special Representativeprofessional staff listFurther report of the Secretary General concerning the implementation of SecurityCouncil resolutions 435 (1978) and 439 (1979)S/20412/add.l

30 March 1989Further report of the Secretary General concerning the implementation of SecurityCouncil resolution 435 (1978) and 439 (1978)S/20412/add.230 March 1989 Note to correspondents: information for useby media correspondents wishing to enterNamibia to cover UNTAG activities Note 4758/Rev.l3. AGREEMENTS BETWEEN NEIGHBOURING STATES CONCERNINGTHE IMPLEMENTATIONOF RESOLUTION 435 AS CONFIRMED TO THE UNITED NATIONS13 July 1988Principles for a peaceful settlement in southwestern Africa agreed in New Yorkbetween Angola, Cuba and South Africa

5 Aug 1988 Protocol of Geneva between Angola, Cubaand South Africa (only made public on4 April 1989 as an annex to SecurityCouncil document S/20566)11 Aug1988 Note verbale from the USA to the SecretaryGeneral with an annex of the Joint Statementby Angola, Cuba and South Africa17 Aug 1988 Letter from SWAPO dated 12 August sent(via Tunisia and Zambia) to the SecretaryGeneral14 Dec 1988 Note verbale from the USA to the SecretaryGeneral enclosing the Protocol of Brazzaville agreed between Angola, Cuba andSouth Africaon 13 December 198917 Dec 1988 Letter from Angola to the Secretary General17 Dec 1988 Letter from Cuba to the Secretary General17 Dec 1988 Report of the Secretary General (concerningthe United Nations Angola VerificationMission)20 Dec 1988 Security Council resolution 62622 Dec 1988 Letter from Cuba to the Secretary Generalenclosing annex of the agreement betweenCuba and Angola for the conclusions of theinternationalist mission of the Cuban militarycontingentS/20109 S/20129 S/20325 S/20336 S/20337 S/20338S/20345

22 Dec 1988 Note verbale from the USA to the SecretaryGeneral enclosing the tripartite agreementbetween Angola, Cuba and South Africa assigned in New York S/203465 Jan 1989 Press report of Angolan President's statement that the ANC agreedto close its militarybases in Angola16 Jan 1989 Security Council resolution 62816 Jan 1989 Security Council resolution 62924 Feb 1989 Resolution 43/231 of the General Assembly:financing the United Nations AngolaVerification Mission4. DECISIONS CONCERNING NAMIBIA'S TERRITORIAL INTEGRITYWITH RESPECT TO WALVIS BAY AND NAMIBIA'S OFF-SHOREISLANDS----------------------------------------------------------14 Dec 1960 Declaration onthe granting of independence

to colonial countries and peoples adoptedas resolution 1514 (XV) by the General Assembly31 Aug 1977 Proclamation R202 by SA: new provision for theadministration of Walvis Bay4 Nov 1977 Operative paragraphs of General Assembly resolution 32/9-DJune 1978 Extracts from the Special supplement by theUN office of public information on the adoptionby the General Assembly of resolution S-9/2,containing background information and theposition of SWAPO on Walvis Bay27 July 1978 Security Council resolution 43231 July 1978 Letter from SA to the Secretary General S/127976 March 1981 Operative paragraphs of General Assembly resolution 35/227-A18 Nov 1988 SA press release: the question of Walvis Bay

5. OPERATIONAL PROPOSALS, INTERPRETATIONS AND AGREEMENTSMADESINCE 1 APRIL 1989 FOR THE IMPLEMENTATION OF RESOLUTION 435(1978)-----------------------------------------------------------------1 April 1989 2 April 1989 3 April 1989 3 April 1989 3 April 1989 3 April 1989 4April 1989 4 April 1989 6 April 1989 7 April 1989 7 April 1989 8 April 1989 8April 1989 9 April 1989 9 April 1989Statement attributable to a spokesman for the Special Representative - UNTAGpress releaseSWAPO statement on ceasefire violations in NamibiaLetter from SA to the Secretary GeneralS/20557Status report on UNTAG military component- UNTAG press releaseStatement attributable to a spokesman for the Special Representative - UNTAGpress releaseProvisional report by the Secretary General to informal consultations of theSecurity Council (confidential)Letter from SA to the Secretary General S/20565Letter from SA to the Secretary General releasing text of the Geneva ProtocolS/20566SWAPO press release: the 16th parallel provisions of the Geneva ProtocolLetter from SA to the Secretary General S/20576Statement by the Secretary General to informal consultations of the SecurityCouncil (confidential)SWAPO press statement: the UN plan envisaged in Resolution 435 does allowSWAPO to have bases in NamibiaPress statement by Sam NujomaMount Etjo Declaration agreed by the Joint Commission of Angola, Cuba andSouth Africa

Joint statement by the Administrator General and the UN Special Representative

10 April 1989 11 April 1989 11 April 1989 11 April 1989 12 April 198912 April 1989 13 April 1989 14 April 198919 April 1989 19 April 1989 19 April 1989 20 April 1989 21 April 1989 21 April1989 24 April 1989 24 April 1989 25 April 1989Statement by the Secretary General to informal consultations of the SecurityCouncil (confidential)Statement by the Administrator General (AG) concerning the assembly points interms of the Mount Etjo DeclarationStatus report on UNTAG military component- UNTAG press releaseUNTAG meets noon deadline for assembly points - UNTAG press releaseExplanation of the withdrawal procedure provided for in the Mount EtjoDeclaration issued jointly by the AG and the UN Special RepresentativeSWAPO press statementStatus report on UNTAG military component- UNTAG press releaseExtension of the period provided for the withdrawal of SWAPO forces fromNamibia- statement issued jointly by the AG and the UN Special RepresentativeStatement by the AG concerning allegations of intimidation or assaultStatement by a spokesman for the UN Special RepresentativeStatus report on the UNTAG military component- UNTAG press releasePress statement on the establishment of UNTAG police station in KatuturaSouth African press release announcing a 60-hour return to base of governmentarmed forcesJoint press statement from the special session of the Joint Commission of AngolaCuba and South AfricaOfficial report of AG press conferenceDraft registration of voters (constituent assembly) proclamation: press release bythe AG and copy of the AG's draft proclamationStatement by the UN Special Representative on the draft registration of votersproclamation

26 April 1989 26 April 198926 April 1989 27 April 1989 27 April 1989 28 April 1989 28 April 1989Letter from SA to the Secretary General enclosing letter of 22 April from SA toBotswanaS/20608Press release by UNTAG announcing an agreement between the United NationsHigh Commissioner for Refugees and the Council of Churches in Namibiagoverning the programme of repatriation of Namibian refugeesNews release by the AG concerning 35 SWAPO combatants taken prisoner andtheir release

SWAPO press release concerning the redeployment of SWAPO combatants fromNamibia to AngolaUNTAG press release concerning a United Nations Development Programme(UNDP) reconnaissance mission to NamibiaSWAPO press release denying SA charges of a military build up and of armscachesJoint press statement of the third regular meeting of the Joint Commission ofAngola, Cuba and South Africa1 May 1989 Statement by the UN Special Representative- UNTAG press release3 May 1989 Status report on UNTAG military component- UNTAG press release3 May 1989 Statement by the President of the UnitedNations Council for Namibia concerning thecritical situation in Namibia3 May 1989 SA press release in New York concerning analleged infiltration plan by SWAPO combatants3 May 1989 SWAPO press statement denying SA claim of a plan to infliltratecombatants over the border4 May 1989 Statement by the Secretary General to informal consultations of theSecurityCouncil (confidential)9 May 1989 Status report on UNTAG civilian staff9 May 1989 Proclamation AG 8 transfering powers of ethnic authorities to theAG10 May 1989 UNTAG announcement of completion of thereception phase of the mission11 May 1989 Status report on the UNTAG military component- UNTAG press release

12 May 1989 AG news release confirming the SA review ofproposed citizenship legislation (AG 4/14)15 May 1989 Press release announcing the first meeting ofa joint working group established by the AGand the UN Special Representative to look intoall aspects of impartiality17 May 1989 News release by the AG concerning security andintimidation19 May 1989 Joint press statement of the Joint Commissionof Angola, Cuba and South Africa from itsmeetings at Ruacana and Cahama on 15 and 19May respectively19 May 1989 Letter from SA to the Secretary Generalincluding the text of the Cahama Minuteagreed by the Joint Commission of Angola,Cuba and South Africa

19 May 1989 SWAPO press release concerning the secondpostponement by the UN High Commission for Refugees of the repatriationprogramme forexiled Namibians22 May 1989 Proclamation AG 11 establishing a commissionfor the prevention and combating of intimidationand election malpractices23 May 1989 SWAPO press release on its policy of nationalreconciliation24 May 1989 SWAPO press release on the infiltration ofSA troops into Angola and of UNITA intonorthern Namibia24 May 1989 Statement by the Secretary General toinformal consultations of the SecurityCouncil(continued ....: suggested entries of key documents will beissued from the Namibia Communications Centre)

12 May 1989 AG news release confirming the SA review ofproposed citizenship legislation (AG 4/14)15 May 1989 Press release announcing the first meeting ofa joint working group established by the AGand the UN Special Representative to look intoall aspects of impartiality17 May 1989 News release by the AG concerning security andintimidation19 May 1989 Joint press statement of the Joint Commissionof Angola, Cuba and South Africa from itsmeetings at Ruacana and Cahama on 15 and 19May respectively19 May 1989 Letter from SA to the Secretary Generalincluding the text of the Cahama Minuteagreed by the Joint Commission of Angola,Cuba and South Africa19 May 1989 SWAPO press release concerning the secondpostponement by the UN High Commission for Refugees of the repatriationprogramme forexiled Namibians22 May 1989 Proclamation AG 11 establishing a commissionfor the prevention and combating of intimidationand election malpractices23 May 1989 SWAPO press release on its policy of nationalreconciliation24 May 1989 SWAPO press release on the infiltration ofSA troops into Angola and of UNITA intonorthern Namibia

24 May 1989 Statement by the Secretary General toinformal consultations of the SecurityCouncil(continued....suggested entries of key documents will be issued from the NamibiaCommunications Centre)

London office: P.O. Box 286, London WC1X NEL UK NAM IBIA Telephone:01-833 2905 Telefax: 01-837 4147Telex: 94070500 NAMI G E. Mal: Telecom Gld 84:NAM001 COM MUNICATIONSNEWS FROM AnUCA'S LAST COLONY CENTREINTRODUCTIONTHE UN PLAN FOR NAMIBIA AND ITS INITIAL IMPLEMENTATIONby Brian Wood, Assistant Director, Research, NCCThe documents contained in this collection are intended to enable a check of theexact provisions of the United Nations plan for Namibia's independence. Only byknowing such provisions will one be able to effectively monitor, and assist, thefree and fair transfer of power from South Africa's illegal regime to thepeople of Namibia.Such a task is not easy because of the volume and complexity of the texts. All toooften such work is left to diplomats, lawyers and senior civil servants whoseinterests are tied to the colonial regime or to an allied elite. However, as thebreakdown in the ceasefire in Namibia after 1 April has shown, the UN planagreements can be intrinsically confusing, and then distorted in favour of thosewith most power. Only by having wider access tothe relevant texts of the independence plan can this be avoided.To counter this, the ambiguities must be ironed out with the United Nationsbeforehand by those who are most aware of the problems. The Namibian peoplemust not be cheated by operational interpretations which compromise the basicprinciples of the plan or which undermine the authority of the United Nations tosupervise the plan.In addition, by knowing the detailed provisions of the plan and not losing sight ofthe principles upon which they are based, observers can judge whether theelectoral process at each stage is genuinely free and fair, and whether the on-going implementation measures adopted are likely to achieve the stated aim of theplan - the withdrawal of South Africa's illegal administration from Namibia andthe transfer power to the peopleof Namibia.1. The authority of the United Nations over NamibiaThe direct responsibility of the United Nations to oversee Namibia toindependence, and to remove South Africa's illegal administration from theterritory as soon as possible, is now accepted by every member state of the UnitedNations, in words if not in practice. This underlying principle forms the basis ofthe UN plan. To lose sight of it during the practical implementation of the plan, is

to invite South Africa to determine what the UN may or may not do in Namibia -a recipe for thwarting or delayingdecolonisation.While the legal wrangles between the UN (or, more precisely, the majority of itsmember states) and South Africa are complicated, they nevertheless rest on asimple dispute. After the Second World War, South Africa tried to use its 1920League of Nations mandate as a basis to completely annex the former GermanThe Namibia Communications Centre is an ecumenical agency working incooperation with churches in Africa, Europe and North America.

territory (then known as South West Africa). This move was rejected by thenewly-created United Nations General Assembly which wished to see all theformer German colonies aquire eventual independence. The General Assemblyhad inherited the supervisory powers for the Mandate from the Council of theLeague of Nations, and it urged South Africa to place "South West Africa" underthe UN Trusteeship System. South Africa refused the only mandatory power to doso.Thus, during the 1950s the General Assembly referred the dispute to theInternational Court of Justice. In three separate cases, the Court confirmed theGeneral Assembly's supervisory power and South Africa's obligation to abide bythe terms of the Mandate. Namibia was still "a sacred trust of civilisation" andSouth Africa still had to ensure the material and moral welfare and wellbeing ofits inhabitants. With the advent of the National Party government in 1948 and itsimposition of "Grand Apartheid" in South Africa and Namibia, the GeneralAssembly eventually decided on 27 October 1966 (Resolution 2145-XXI) toterminate the Mandate and assume direct control until Namibia's independencecould be arranged. South Africa's refusal to withdraw its administrationhenceforth constituted an illegal occupation.The General Assembly then had to consider enforcement action. Despite passiveopposition from the major Western powers, the General Assembly's decision toterminate South Africa's right to hold the Mandate was endorsed by the SecurityCouncil on 20 March 1969 (Resolution 264). Various coercive measures againstSouth Africa's illegal occupation were subsequently adopted by the GeneralAssembly and the Security Council, including overt and tacit support for thearmed liberation struggle begun by SWAPO on 26 August 1966. When the majorWestern powers disputed the Security Council's decisions to end economic andother dealings with South Africa's presence in Namibia, even though they did notveto that Security Council decision (Resolution 283 of 1970), the matter wasreferred to the International Court of Justice.The ICJ Opinion of 1971, and its formal adoption by the Security Council(Resolution 301), was a resounding legal defeat for South Africa and for thosestates who wished to avoid coercive action against the illegal occupation. TheOpinion is an unambigious rejection of all the legal arguments put forward by themajor Western powers and a re-affirmation of the direct responsibility of theUnited Nations to bring Namibia to independence. Nevertheless, the majorWestern powers specifically refused to stop economic, military and other dealings

by their nationals, dealings which helped to sustain South Africa's illegaloccupation.Despite this lack of a complete legal consensus, an historic compromise wasreached in January 1976 with the unanimous passing of Security Councilresolution 385. Finding themselves diplomatically isolated with the collapse ofthe Portuguese African Empire, the Western powers eventually agreed with themajority of UN member states to detail the principles for a transitional plan forachieving self-determination and independence for the whole of Namibia as onepolitical entity. The key to this was an electoral process under UN supervision andcontrol, but implemented by the Security Council rather than the

General Assembly or its Council for Namibia as had previously been attempted.South Africa rejected Resolution 385. But, against the backdrop of increasedmilitary conflict in northern Namibia and in Angola, as well as demands foreconomic sanctions against South Africa, negotiations were begun in 1977 withSouth Africa and SWAPO by a "Contact Group" of Western states. During 1978an operational plan "in accordance with Resolution 385" was agreed between theparties and approved by the Security Council in Resolution 435. The details ofthis plan are summarised below in the sections of this introduction that follow.Thus, it is the Security Council which has assumed responsibility on behalf of theUnited Nations to oversee the plan for Namibia's transition to independence.However, the ultimate legal authority for Namibia until independence is theGeneral Assembly. South Africa retains no legal rights in international law withrespect to Namibia other than to withdraw peacefully in the manner decided uponby the United Nations.2. The basic textsWhen on 29 September 1978 the UN Security Council adopted Resolution 435, itapproved a detailed plan for Namibia's independence set out in three documents.The basic text is the "Proposal for a settlement of the Namibian situation", whichwas negotiated by the major Western powers and agreed by South Africa andSWAPO during 1978. In addition, Resolution 435 approved the Report of the UNSecretary General of 29 August 1978 and his Explanatory Statement of 28September 1978 which detail the role of the UN monitoring force (UNTAG) inimplementing the Western plan.At that time, however, South Africa refused to implement the plan without furtherchanges or additions. Although new subsiduary agreements were reached inprotracted negotiations between 1979 and 1983, these were not brought formallybefore the Security Council for approval because from mid-1982 Pretoria madeimplementation of the entire UN plan on Namibia conditional upon a prioragreement on the withdrawal of Cuban troops from neighbouring Angola (seeSection Two of the documentation). This policy of "linkage" and the negotiationsto achieve it were promoted by the Reagan Administration.Eventually during 1988, under military and economic pressure, Pretoria made aseries of agreements with Angola and Cuba on nonaggression and Cuban troopwithdrawal, culminating in a comprehensive tripartite agreement signed on 22December 1988. Although the UN Security Council had rejected such linkage, the

tripartite agreement was given "full support" by the Security Council inResolution 628 of 16 January 1989.By "taking note" of Resolution 628 in another resolution, 629, adopted on thesame day, the Security Council in effect tied Namibia's independence process, asdefined by 435, to a number of agreements between the governments of Angola,Cuba and South Africa. Although these agreements did not explicitly apply within

Namibia itself, since that is the direct responsibility of the United Nations and isthe explicit purpose of 435, the agreements did apply to aspects of Namibia'sexternal relations. Furthermore, a Joint Monitoring Commission of these threestates, with the USA and USSR as observers, was established to oversee thetripartite agreements. The United Nations and SWAPO were informed of theseagreements, and the UN agreed to send a mission to Angola to verify the phasedwithdrawal of Cuban troops but the UN and SWAPO were not part of the JointCommission. (see Section Three of the documentation).These developments led to the adoption of Resolution 632 on 16 February 1989,the final enabling resolution for 435. All the subsiduary agreements on Namibiareached up to 1985 were then formally incorporated into the UN plan on Namibia.This was done by approving the Secretary General's Report of 23 January 1989 inwhich paragraph 35 lists the subsiduary agreements. In addition, by approving thewhole Report, as well as the Secretary General's Explanatory Statement of 9February, the Security Council through Resolution 632 agreed certain newprovisions regarding the disbandment of South Africa's local army and counter-insurgency police in Namibia, as well as the size and deployment of the UNmilitary and police forces destined for Namibia. The latter provisions were basedupon new decisions made in Resolution 629 on 16 January 1989.In total, then, the binding texts which now define arrangements in Namibia for theUN supervised transition to independence comprise three primary documentsapproved by 435, six subsequent documents approved by 632, and at least nineother Security Council resolutions (see Section One of the documentation). Thelatter resolutions help define the framework of the UN plan especially Resolution385, on which 435 is purportedly based, and Resolution 432 of 1978, whichconcerns the territorialintegration of Walvis Bay in Namibia.Although the particular dispute between South Africa and the UN over WalvisBay remains unresolved, the Security Council has decided that it will not allowSouth Africa to annex the enclave or to use it in any manner prejudicial toNamibia. The texts setting out the terms of this dispute will form the starting pointof further negotiations between an independent Namibia, the United Nations andSouth Africa. (see Section Four of the documentation).The agreements between Angola, Cuba and South Africa comprise a furtherfifteen documents (see Section Three of the documentation). It should bereiterated that these agreements concern mutual security arrangements betweenthese states and in international law they do not supercede any of the provisions ofResolution 435 or any other Security Council resolution on Namibia.

There are numerous other reports by the UN secretariat, including the SecretaryGeneral, as well as functional decisions of the General Assembly, which detailoperational measures for the implementation of the UN plan. These texts recordoperational agreements or try to overcome disputes between SWAPO and SouthAfrica (see Section Two of the documentation).

Finally, after the implementation of the UN plan in Namibia had begun on 1 April1989, further such operational agreements, proposals and disputes were made.The relevant texts defining these were issued by the United Nations SecretaryGeneral and his Special Representative in Namibia, by South Africa and SWAPO,the principal parties to 435, as well as by the Joint Monitoring Commission ofAngola, Cuba and South Africa (see Section Five of the documentation)3. The essential elementsThe UN Plan is essentially a set of provisions agreed between the South Africangovernment and SWAPO, and then approved by the UN Security Council, forensuring free and fair elections to a constituent assembly so as to enableNamibian independence as soon as a constitution comes into force. Thedemilitarisation and electoral phases of the transition are scheduled to take sevenmonths, from 1 April to the first week of November 1989. The election itself willbe held during the week beginning November6.The entire transition period, including the post-election phase of drawing up andfinalising the constitution and inaugerating a legitimate government, is intendedto be under UN supervision and control, but with the South Africanadministration in Namibia used as an implementing agency in civilian and policematters. The UN monitoring force is scheduled to remain until 1 April 1990 bywhich time independence is expected to be granted by the United Nations,Namibia's legal authority. As stated above, the UN has rejected South Africa'sclaim to Walvis Bay but postponed resolution of the matter until afterindependence.The objective of the plan, as spelled out in paragraph 2 of Resolution 435, is "thewithdrawal of South Africa's illegal administration from Namibia and the transferof power to the people of Namibia with the assistance of the United Nations inaccordance with Security Council resolution 385.uBoth Resolution 385 of 30 January 1976, as well as the more detailed provisionsapproved by Resolution 435, specify certain pre-conditions which the UN mustensure in Namibia before "free and fair" elections to a Namibian constituentassembly can take place. These are summarised below in sections 4 and 5 of thisintroduction. Once the constitution is formally adopted and enters into force, theindependence of Namibia will be granted by the territory's legal authority - theUnited Nations. The exact date for independence will be set by the constituentassembly.Temporary concessions: the colonial administration and Walvis BayThere are two major parts of the Plan which compromise the UN's legal positionon Namibia and which have given rise to disputes over its implementation andwill undoubtedly give rise to more. However, the major Western powers who

negotiated the deal argue that, without these compromises, which are in any caseviewed as temporary concessions, they would have been unable to securePretoria's agreement to Namibia's independence.

First, the Plan allows South Africa's colonial governor, the Administrator General(AG), and his civil service and police to remain in Namibia during the transitionperiod and to assist the UN Special Representative and UNTAG to achieve theirobjectives. This basic provision in Resolution 435, arising from the Westernproposals, is regarded by critics as a contradiction of clauses within Resolution385 (1976) which imply that South Africa's administration should be replaced bya temporary UN administration prior to holding elections. Whatever the case maybe in 385, the proposed use of the AG as "the interlocutor" of the UN in 435 is thesource of many loopholes in the plan which South Africa is likely to try andexploit.Nevertheless, it is essential to note that Resolution 435 itself insists that "thisworking arrangement shall in no way constitute recognition of the legality of theSouth African presence in and administration of Namibia." Furthermore, theResolution itself states that "All unilateral measures taken by the illegaladministration in Namibia in relation to the electoral process, including unilateralregistration of voters, or transfer of power, in contravention of Resolution 385(1976) or 431 (1978) and the present resolution (435), are null and void." This isreiterated in Resolution 439 of 13 November 1978.In other words, South Africa has no legal right to "grant" Namibia independence,but merely to withdraw in terms of 435. This has important practicalconsequences. For example, the necessary repeal at the end of the transitionperiod of Proclamations 180 and 181 of 1977 by South Africa's state president,thus removing its illegal colonial governorship of the territory, is a formality ofdomestic law in South Africa and confers no right on South Africa to delay orinfluence the manner of Namibia's independence. Equally, under 435 SouthAfrica is responsible for ensuring adequate budgetary finance for theadministration of the territory during the transition. Any foreign or UN budgetaryaid would constitute direct support for the South African public revenue andwould breach international law. Similarly, an independent Namibia retains thelegal right to renounce all debts incurred by the illegal administration (ie: since 27October 1966).The second temporary concession negotiated by the major Western powers is that,although the provisions of Resolution 385 and 435 provide for elections andindependence "for the whole of Namibia as one political entity...recognising theterritorial integrity and unity of Namibia as a nation", they do not specify theterritorial boundaries of Namibia and they do not specifically provide for thewithdrawal of the significant South African presence in Namibia's Walvis Bayenclave. In 1977 the South African government re-asserted its claim to theenclave and twelve of Namibia's off-shore islands. Even though this territory hadbeen administered as part of Namibia since 1922, shortly after South Africa wasentrusted with the League of Nations mandate, Pretoria argued that certainnineteenth century British colonial treaties gave South Africa legal title. This was

rejected by the UN General Assembly, the inheritor of the supervisory powers ofthe League of Nations' Council (see Section Four of the documentation).

In order to proceed with the elections and to further negotiate South Africa'swithdrawal from the enclave, the major Western powers persuaded the SecurityCouncil to pass resolution 432 on 27 July 1978. This declared that "the territorialintegrity and unity of Namibia must be assured through the re-integration ofWalvis Bay within its territory". Pending this, the Security Council unanimouslydecided that "South Africa must not use Walvis Bay in any manner prejudicial tothe independence of Namibia and the viability of its economy." It decided "to lendits full support to the initiation of steps necessary to ensure the early reintegrationof Walvis Bay into Namibia..." and "...to remain seized of the matter until WalvisBay is fully reintegrated into Namibia."The implication of these decisions should be that all adult Namibians in WalvisBay will be entitled to vote. But at this stage it is unclear how the constituentassembly and the UN will ensure that the Walvis Bay enclave and the twelvePenguin Islands are included in the independent Namibia. Of more immediateconcern, it is unclear how the UN will enforce Resolution 432 so as to preventPretoria using Namibia's only trading port as a "choke point" to undermine thenew Namibian government's access to essential transport and valuable fishingresources. There are already indications that Pretoria is enhancing its militaryinfrastructure in the Enclave (See section 4 below).There are other ambiguities arising from the plan's failure to define Namibia'sterritoriality and citizenship, ones which are perhaps less important than theWalvis Bay issue. These include South Africa's claim to the whole of the OrangeRiver along Namibia's southern border, instead of the conventional midstreamdefinition of a river border. Voter registration of South African and Angolancitizens either resident in Namibia or with Namibian parentage, and Hereropeople settled in Botswana after their flight from the 1904-7 German war inNamibia, will also pose problems. As is outlined in sections 4 and 5 of thisintroduction, the UN Special Representative will have to interpret the UN plan todeal with these and a number of other key steps during implementation, or he willhave to seek further guidance from the Security Council. So far, he has not takenthe latter course of action.The UN Transition Assistance GroupThe United Nations is mandated by Resolution 435 to supervise and control theentire electoral process. The Secretary General has stated that: "It is essential thatall aspects of the electoral process be beyond reproach and, equally important,that this be apparent." To achieve this, the Security Council agreed in Resolution431 on 27 July 1978 that the Secretary General be represented in Namibia by aUN Special Representative - then named as Mr Martti Ahtisaari - who will beassisted by a United Nations Transition Assistance Group (UNTAG).UNTAG is given twelve months to complete its task (see the timetable outlined insections 4 and 5 below ) During the first phase, from April to June, the conditionsfor free and fair elections must be created. The second phase, from July toOctober

is the election campaign, to be followed by polling in the week starting November6. Finally, an unspecified period of up to five months, to the end of March 1990,is envisaged for the drafting of the constitution and the inauguration ofindependence.UNTAG will be under the command of the United Nations, represented by theSecretary General, under the authority of the Security Council. Originally in 1978,the Security Council decided that this monitoring force should have a combinedcivilian and military component made up of 9,200 personnel when at the fullstrength. However, in February 1989 the Security Council decided that, for costreasons, 2,850 UN troops would remain in their home countries on standby. Theycan be deployed at the discretion of the Secretary General.It was also decided by the Security Council in 1978 that the number of UN policemonitors would be approximately 360 and be kept under constant review. InFebruary 1989, based upon figures given by Pretoria for the size of the existingcolonial police force in Namibia (see section 4 below), the Security Councildecided to increase the number of UN police monitors to 500. On 24 May, theSecretary General proposed increasing the number of police monitors to 1,000and on 18 August the UN Special Representative requested a further 500.Thus, the total number of military and civilian personnel initially earmarked fordeployment in Namibia was 6,350, although the UN was only able to have afraction of these in Namibia by 1 April (see Section Five of the documentation)The initial military component of 4,650 includes three enlarged battalions, eachwith 850 soldiers from Finland, Kenya and Malaysia. There are also 299 militaryobservers and monitors from 14 countries, 304 Australian engineers, 165 Britishsignals personnel, 171 Italian and Spanish air force personnel, 148 Swiss medicalpersonnel, and 739 Polish, Canadian and Danish logistical personnel.The civilian component includes 890 (soon to be 1000, and still under review)civilian police monitors from 22 different countries, as well as 437 administrative,professional and field staff from 90 different countries (See Section Five of thedocumentation). The latter will be made up of over 200 professionals, including ajurist of international standing, and over 1,000 other field staff and monitors whenat full strength. However, only a fraction of the field staff and monitors will bedeployed until the final stages of the election campaign period. Currently UNTAGhas over 40 district and regional centres, but will have over 54 locationsthroughout Namibia at the peak time of deployment before and during polling inNovember.All UNTAG officials will report directly to the Special Representative, except theUNTAG Military Force Commander, General Prem Chand, who will report viathe Special Representative to the Secretary General "on all matters". "The militarycomponent of UNTAG will not use force except in selfdefence. Self-defence willinclude resistance to attempts to prevent it from discharging its duties under themandate of the Security Council." In addition, "the military component will assistand support the civilian component of UNTAG in the

discharge of its tasks." This will therefore include "the duties of the civil policecomponent (which) will include taking measures against any intimidation orinterference with the electoral process from whatever quarter..."Executive power of the UN Secretary GeneralPerhaps the most important provision in the UN Plan regarding the elections in isthat "the UN Special Representative will take steps to guarantee against thepossibility of intimidation or interference in the electoral process from whateverquarter." This specific provision for executive action by the SpecialRepresentative adds to his powers of veto at certain key stages in theimplementation of the Plan as described in more detail in the next section.Formally speaking, the powers of veto of the UN Special Representative areconsiderably wide ranging. "The UN Special Representative will have to satisfyhimself at each stage as to the fairness and appropriateness of all measuresaffecting the political process at all levels of administration before such measurestake effect. Moreover, the Special Representative may himself make proposals inregard to any aspect of the political process.." The most important veto he hasarises from the provision that, during the election itself, 1,220 UNTAG civilianmonitors will observe voting activities at over 400 polling stations and, followingthis, will verify the proper counting of ballot papers. They will report to theSpecial Representative before he decides whether he can certify the electionresults as "free and fair".As a last resort the UN Special Representative can refer matters back to theSecurity Council. "He will report to the Secretary General of the United Nations,keeping him informed and making such recommendations as he considersnecessary with respect to the discharge of his responsibilities. The SecretaryGeneral, in accordance with the mandate entrusted to him by the SecurityCouncil, will keep the Council informed." Finally, "all matters which might affectthe nature or the continued effective functioning of UNTAG will be referred tothe Council for its decision."As the last sentence above suggests, the UN Security Council may take furtheraction to ensure that the objectives of Resolutions 385 and 435 are achieved. Infact, since the adoption of Resolutions 385, 431, 432 and 435, the SecurityCouncil has made several further provisions which modify or clarify theframework of the UN plan, the most important of which were Resolutions 629and 632. So far, the UN Special Representative has not sought new decisionsfrom the Security Council, but the absence of detailed modalities for UN action inNamibia following the election of the constituent assembly will almost certainlymean further direction from the Security Council and, possibly, the GeneralAssembly.4. Preconditions for free and fair electionsBefore "free elections for the whole of Namibia as one political entity" can beheld, the plan requires the UN Special Representative and UNTAG to ensure thefollowing conditions (all

quotations are taken from the texts approved by Resolution 435):Impartiality measures by the UN and South Africa

"Informal understandings" between South Africa, SWAPO, the Western ContactGroup, the Front Line States, Nigeria and the UN Secretary General were reachedin September 1982 to ensure the impartiality of the UN and South Africa withrespect to the electoral parties in Namibia. Most of the checklist includedprovisions which were already agreed as part of Resolution 435. However, somenew specific measures were agreed.First, the Secretary General reiterated that he would choose the composition ofUNTAG so that it is seen to be impartial towards all parties. This was done, afterconsulting SWAPO, South Africa and the Western Five on 23 February 1989.SWAPO, however, condemned his removal, on South Africa's request, ofSwedish military logistics troops from UNTAG.Secondly, the parties agreed that the UN would not to give preferential treatmentor financial assistance to SWAPO after the enabling resolution for 435 waspassed. Thus, SWAPO ended its official UN observer role after Resolution 632was passed and no further UN funding was allocated to SWAPO. It was alsoagreed that "consideration of the question of Namibia at the regular GeneralAssembly should be suspended during the transition period." It is thus expectedthat the 1989 session, which would normally have been scheduled for Septemberor October, will not be held. This provision in 435 does not, it should be noted,prevent the General Assembly from convening an extraordinary meeting onNamibia at the request of the majority of its members.In addition, the parties agreed that "the UN Council for Namibia should refrainfrom engaging in all public activities once the Security Council meets to authoriseimplementation." The Council's steering committee met on 28 March and agreedto cut its press exposure and support programmes for SWAPO but said that it hadto continue its legal responsibilities towards Namibia until independence wasachieved. It also pointed out the legal anomaly that the Council, despite being thesole legal administering authority for Namibia, was not party to the "informalunderstandings". The Council also noted that the checklist had never been madepublic. Consequently, the Secretary General published the "informalunderstandings" as a UN document on 18 May - one and a half months after theimplementation of 435 had begun.Finally, the checklist specified that South Africa must abolish its appointedcabinet and assembly in Namibia and refrain from supporting its collaborativepolitical parties. The 'cabinet' and 'assembly' duly resigned on 28 February 1989and on 8 May the legislative and certain executive powers of South Africa's"second tier" ethnic authorities were transferred formally to the AG, with thepartial exception of Rehoboth which is subject to a peculiar Act of the SouthAfrican parliament.However, observers have noted that, in a variety of ways, South Africangovernment resources have been used to promote some of Pretoria's favouredpolitical groups, notably the Democratic

Turnhalle Alliance (DTA). On 30 June, for instance, R38 million of pensionpayouts were made to politicians who had been appointed by South Africa to an'interim government' in June 1985. Moreover, hundreds of members of South

Africa's locallyrecruited security forces are actively campaigning for the DTA,and, as the UN Special Representative has acknowledged, the state-controlledmedia and police have been shown to besystematically biased against SWAPO (see also section 4 below).In addition, public outrage was expressed against the AG's administration whenthe Namibian newspaper, the only one of 10 newspapers in Namibia to besympathetic to SWAPO, published top secret minutes of the colonial NationalSecurity Council (NSC) meeting held on 7 September 1988. The minutes revealedthat collaborative politicians, senior civil servants and army and police chiefsplotted with South Africa's own Security Council to "beat SWAPO in anelection". The AG and his Chief Electoral Officer for the forthcoming UNsupervised elections then admitted attending some NSC meetings, but not the onein question. They argued that the NSC was disbanded in March.The Commission for the Prevention and Combating of Intimidation and ElectionMalpractices, established as a legal tribunal by the AG on 22 May under thechairpersonship of Mr Bryan O'Linn, investigated the matter of the NSC. In aruling on 26 July, the O'Linn Commission accepted the AG's assurances that theNSC had been abandoned in March and its strategy to defeat SWAPO no longerexisted "on a balance of probabilities". In order to resolve other mattersmentioned above, the UN Special Representative and the AG established a JointWorking Group on Impartiality on 15 May. However, the meetings of the JointWorking Group are confidential and many of the allegations of impartiality stillpersisted by early August.The ceasefire and the restriction of SA and SWAPO forces to base"A cessation of all hostile acts by all parties and the restriction of all SWAPO andSouth African military forces to base" is a primary responsibility of the militarycomponent of UNTAG. For this purpose, South African forces include all citizenforces, commandos and ethnic forces.In this respect, a formal ceasefire in terms of Resolution 435 was signed betweenSouth Africa and SWAPO by their sending letters to the UN Secretary General on22 and 18 March 1989 respectively. It was to come into effect on 1 April 1989 at0400 hours Greewich Mean Time.In practice, however, the ceasefire was violated on the morning of 1 April whenSouth African counter-insurgency police attacked a group of SWAPOcombatants. Fighting then broke out between South African and SWAPO armedforces across a wide expanse of northern Namibia. Not until 24 May, after morethan 365 lives were lost, was the Secretary General able to confirm that theceasefire was holding.SWAPO had operated a unilateral ceasefire from 12 August 1988 after SouthAfrica had signed the Geneva Protocol on 5 August with Angola and Cuba. TheProtocol established a formal ceasefire

in southern Angola. South Africa attempted to interpret clause five of the GenevaProtocol to mean that, by 1 April, all SWAPO combatants in both Namibia andAngola were to be deployed above the sixteenth parallel in Angola.

This deduction was disputed by SWAPO. It stated that the conditional phrase inparagraph five, which read "within the context of the cessation of hostilities inNamibia", meant that the deployment of its combatants north of the sixteenthparallel in Angola was to be carried out only when the establishment of the formalceasefire in Namibia had begun at 4.00am GMT on 1 April. SWAPO stated that ithad not agreed to any formal ceasefire with South Africa in Namibia other thanthat established in terms of 435, and that it would respect the Geneva Protocol.The Secretary General confirmed on 3 April that the SWAPO combatants innorthern Namibia on the morning of 1 April were probably there without hostileintent. Evidently, they were instructed by the SWAPO leadership to grouppeacefully and await monitoring by UNTAG. The South African authorities,however, regarded the presence of such combatants in Namibia as a hostileincursion and accused them, as well as those in southern Angola, of being there inbreach of the Geneva Protocol. When South African colonial police initiatedmilitary action on 1 April, it appears that many SWAPO combatants crossed theborder from Angola to assist their colleagues.On the same day, the UN Secretary General agreed to allow several South Africanarmy battalions to leave their UNTAG-monitored bases to join the paramilitarypolice action against the SWAPO combatants provided that such troops actedwith maximum restraint. Subsequent evidence, however, pointed to the summaryexecution of captured SWAPO combatants by South African security forces.UNTAG officials said that the Geneva Protocol did not apply to Namibia and wasnever ciculated as an official UN document. In response, South Africa releasedthe text of the Protocol as a UN document. Moreover, Pretoria disputed SWAPO'sclaim that 435 catered for UNTAG-monitored bases for its combatants insideNamibia at the time of the formal ceasefire. It pointed to the agreement reached in1982 that UNTAG, in co-operation with the host governments, would monitorSWAPO bases in Angola and Zambia.SWAPO acknowledged the latter agreement, but said that it did not supercede aprevious agreement reached with South Africa in 1978 that UNTAG wouldmonitor SWAPO inside Namibia, even though Pretoria abrogated that agreementin early 1979. ( see Section Two of the documentation) Nevertheless, UNTAGwas not prepared for monitoring SWAPO combatants in Namibia. By 1 April ithad only 300 members of the military component in the north of Namibia, butwith no infantry or adequate equipment. UNTAG officials denied they had such aresponsibility. SWAPO stated that its queries during February and Marchregarding the presence of its combatants inside Namibia on 1 April were notanswered by the UN secretariat.During the fighting in April, photographic evidence emerged

which, according to overseas ballistic experts, indicated that a number of SWAPOcombatants supposedly killed in battle, were in fact the victims of extrajudicialexecutions. An undisclosed number of bodies, believed to number over 100, werelater exhumed from mass graves on SWAPO's request so that identification andautopsies could be carried out. Investigations were still continuing in August.Other reports during the fighting indicate that an undisclosed number of those

killed were civilian, and not armed combatants, as was generally portrayed in themedia.In order to stop the fighting, SWAPO ordered its combatants inside Namibia on 8April to immediately redeploy into Angola. A meeting in Namibia of the JointCommission of South Africa, Angola and Cuba agreed on 9 April to establishassembly points in Namibia to enable SWAPO combatants to peacefully return toAngola. But the presence of South African army and paramilitary police renderedthe assembly points unsafe and almost all SWAPO combatants made their ownway into Angola. There they regrouped under UNTAG and Angolan governmentmonitoring to camps situated north of the sixteenth parallel.In late July, SWAPO confirmed that an undisclosed number of former combatantshad returned to Namibia as civilians under the UNHCR's repatriation programmewhich began on 12 June. On 15 August, the AG stated that he had receivedassurances from the UN Special Representative that "the greater majority ofPLAN elements (ie: SWAPO combatants) had returned to Namibia as civilians,PLAN's command structure had been dismantled in the sense that its commandershad returned to Namibia also as civilians, and its weapons had been stored andgreased and were kept under lock and key by Angola." The AG added that, in theUN Secretary General's and "Mr Ahtisaari's view, PLAN no longer had thecapability of posing a threat". South Africa would therefore, he said, begin thedisbandment of its special counter-insurgency unit which was incorporated intothe local police (see section 'suitablity of police' below).The phased withdrawal of all South African armed forcesAccording to 435, only a maximum of 12,000 South African troops should havebeen in Namibia confined to base by 12 May, and only a maximum of 8,000 leftconfined to base by 2 June. By 23 June, only 1,500 were to have remainedconfined to base at Grootfontein and/or Oshivello. The UN Secretary General hasconfirmed that each phase of this withdrawal by the SADF has been compliedwith and that UNTAG has monitored this process. The last remaining 1,500troops must leave Namibia one week after certification of the election result,which is expected to be in late November.On 3 August, the Council of Churches in Namibia said it had received reports thatSADF personnel were present at bases in Ombongolo, Otyolo, Omauni, Ongaluli,Okongo and Olukula in northern Namibia "under a veil of secrecy". The CCNsaid that armed patrols were intimidating civilians under the guise of offeringmedical assistance from the "Ombili (Peace) Foundation". The UN SpecialRepresentative stated on 4 August that "less than 1,000" SADF members, inaddition to the 1,500 above, were engaged in air traffic control and other"humanitarian and medical functions" in Namibia with UNTAG's approval. Whythese tasks

could not be carried out by UNTAG is not clear.The UN Special Representative also said that the SADF had assured him that"somewhere around 1,000" South African troops were present in Walvis Bay andthat rumours of a SADF build up there were misplaced. However, anambassadorial delegation visting Namibia on behalf of the Non-Aligned

Movement alleged on 17 August that "some 6,000 SADF members, including acomplete mechanised battalion transfered from the north, were now stationed inWalvis Bay." The SADF commander in Walvis Bay admitted on 9 July that anextra R37 million will be spent this year on two military bases in the Enclave.Meanwhile the South African State President warned on 7 June that it could usedirect military intervention from South Africa if SWAPO's armed forces broke theceasefire arrangements of the UN Plan.Disbandment of South Africa's locally-recruited militiaUnder Resolution 435, the military component of UNTAG must ensure "thedemobilisation of the citizen forces, commandos and ethnic forces, and thedismantling of their command structures" by 12 May. According to provisionsadopted under Resolution 632(1989), these forces explicitly include the 20,000-strong South West African Territory Force (SWATF) as well as the 3,000-strongcounter-insurgency unit, Koevoet (Afrikaans for crowbar), which South Africahas classified as a 'police' unit. Such forces also include tribal "home guards" andcommando units regardless of whether these are organised under SWATF andpolice authority or privately as on some mines and white-owned farms.The Western proposals approved by Resolution 435 state that "the AG mustensure that none of these forces will drill or constitute an organised force duringthe transitional period except under order of the AG with the concurance of theUN Special Representative". UNTAG is required to confine the arms,ammunition and military equipment of all such forces to drill halls and to keepthem under UN supervision. In practice, this latter provision should includeconfiscating all army rifles, pistols and other weapons from most adult whitemales, because they almost all do periodical army service, as well as fromdemobilised members of SWATF and Koevoet who have been reported to keep'private' weapons.In his statement to an informal session of the Security Council on 3 August, theUN Secretary General confirmed that South Africa had "complied with the letterof the Settlement Plan's provisions relating to the demobilisation of SWATF."However, he said, "certain arrangements continue to exist relating to its commandstructures - which should be fuly dismantled - that give rise to concern thatSWATF could be rapidly remobilised if the South African authorities so wished."The Secretary General reported that he had instructed his Special Representativeand the UNTAG Force Commander in Namibia "to have this matter resolved, as amatter of urgency."It is thought that the Secretary General was referring to, amongst other things, theretention of SWATF members on the South African administration's payroll andthe claims by many such members that they are only on "temporary leave".Members of SWATF

have been instructed to report back for duty in November just after the electionand have been allowed to keep their "personal weapons". There are also reportsthat SWATF officers are still doing "administrative duties" at the Department ofDefence Administration created by the AG on 19 May to replace SWATF

headquarters and that some are with the 1,500 SADF members confined to base atGrootfontein and Oshivelo.These reports correspond to the statement made by the commander in chief ofSWATF in September 1982 that "the demobilisation of SWATF is a temporaryphase that should last only for the duration of the election campaign...Personalweapons will not be handed in and UNTAG will not take control of arms andammunition handed in...the SWATF is part of the SWA independence process(and)...SWATF should form the basis of the defence force of the new state." Thiscommander, Major General Lloyd, is now the secretary of South Africa's StateSecurity Council.Clearly, such arrangements by South Africa pre-empt the work of Namibia'sconstituent assembly and violate basic provisions of the UN Plan. This failure toeffectively disband the local army units or to confiscate private arms, has beencompounded by the retention of over 2,000 Koevoet members in the local policedespite repeated calls by the Secretary General for their removal. This latter issueis discussed below. There have also been reports of armed UNITA rebelsencamped in parts of the Kavango and Caprivi regions of Namibia.Ensuring the suitability and impartiality of the policeSince in the UN Plan "primary responsibility for maintaining law and order inNamibia during the transition period shall rest with the existing police forces","the AG, to the satisfaction of the UN Special Representative, shall ensure thegood conduct of the police forces and shall take the necessary action to ensuretheir suitability for continued employment during the transition period". Apartfrom Koevoet, South Africa's other special units, such as the Katutura-basedSpecial Task Force and the Security Police, are seen by informed observers asinherently unsuitable for impartial civilian police duties.As outlined in section 3 above, UNTAG police monitors are assigned in the UNplan to accompany, "when appropriate", South Africa's local civilian police indischarging their duties. The total number of UNTAG police monitors will bekept under constant review and increased by the Secretary General if necessary.By late June, however, only 188 out of 500 UNTAG police monitors were basedin the Ovambo and Kaokoveld regions where about half of Namibia's populationlives. Moreover, civilians in large sections of the eastern Ovambo region reportedseeing no UNTAG patrols. Due to the level of reported misconduct andintimidation of civilians by the local South West Africa police (SWAPOL), andthe widespread boycott of classes by schoolchildren and teachers in the Ovamboand Kavango regions in protest against Koevoet, on 24 May the Secretary Generalrequested the Security Council to agree that a further 500 UN police monitors bedeployed in Namibia. Thus, by August UNTAG had 890 police monitors from 22countries, and this was expected to increase to 1,000 by

September. Then, on 18 August the UN Special Representative announced that hehad requested the UN Secretary General to send another 500 police monitors.In his statement to the Security Council on 3 August, the Secretary General statedthat "UNTAG has clearly established that ex-Koevoet elements in SWAPOL havenot adjusted to the new political situation in Namibia and have continued to

harass and intimidate the civilian population. They are not suitable for continuedemployment in the police force under the terms of the UN plan."UNTAG reported on the same day that there had so far been 403 complaints ofintimidation and misconduct filed with UNTAG police monitors since 1 April. Ofthese, 125 cases involved allegations of intimidation by members of SouthAfrica's security forces, including SWAPOL, and 40 involved allegations ofcriminal conduct by such forces, almost all against supporters of SWAPO. Manyof these complaints involve Koevoet members. 27 cases had gone to court, 18 hadbeen referred to the Attorney General and 55 had been dropped. When receivingsuch complaints, UNTAG refers them to SWAPOL to investigate and thenmonitors the investigation, but UNTAG itself has no statutory police powers suchas the right of search and arrest. UNTAG senior officials have admitted that theclimate of fear of SWAPOL in the north has prevented all allegations ofintimidation from being reported. Even when investigations are conducted, thefindings are not necessarily revealed to the complaining party.Despite the mounting evidence, however, both the AG and his commissioner ofpolice repeatedly dismissed the Secretary General's appeals since May for theproper disbandment of Koevoet. SWAPOL had previously announced the"disbandment" of Koevoet in February, but the AG said he "reactivated" the uniton 1 April. Since the hostilities ceased, the AG and the SWAPOL commissionerargued that ex-Koevoet members have been re-employed in the civilian policeand that their continued employment is necessary to counter any renewed threatby SWAPO combatants. Despite claims by the AG of continued activity inNamibia by SWAPO combatants, UNTAG has in each case been unable to findany evidence to substantiate such allegations.In late July an UNTAG regional official was reported to have said that agreementhad been reached with SWAPOL to remove about 500 ex-Koevoet members fromthe north where most of the complaints of their misconduct had originated. TheAG then confirmed on 19 July that the use of ex-Koevoet members would be"scaled down". Then, on 15 August the AG announced that he was "prepared toremove from duty in the northern regions a total of 1,200 members of SWAPOL.This number", he said,"represents the remnant of the counter-insurgencycomponent (ie: Koevoet) re-integrated in SWAPOL following the incursions ofSWAPO on 1 April." The AG stated that the 1,200 would "be confined to baseswhere they will undergo re-orientation and retraining to equip them for roleswhich are to be redefined in the light of changed circumstances." He invitedUNTAG to monitor their confinement to base and added that this "will enable mealso to restructure the command system in that area (ie: the north) in the comingweeks." A SWAPOL spokesman said, however, that the latter move did not meanthat

the AG would comply with the repeated calls for the dismissal of Koevoet'sfounder-in-chief who is currently SWAPOL's regional commander for the wholeof northern Namibia.The AG's offer to remove 1,200 ex-Koevoet members from SWAPOL still doesnot satisfy the requirements laid down in the UN Plan. First, the AG made no

mention of when his "offer" would be carried out. Secondly, he did not explicitlyaccept the removal of all ex-Koevoet members from SWAPOL. The numbersmentioned are open to question. A figure of 1,500 ex-Koevoet members inSWAPOL in northern Namibia was mentioned by UNTAG officials in earlyAugust, but this may be an underestimate. It also does not account for furthernumbers in other regions. Certainly, no official account has yet been publiclygiven of the whereabouts of the total of 3,000 Koevoet members which wasadmitted by South Africa to the UN Secretary General in January.Related to this, the total number of SWAPOL members permitted under the UNplan has been breached by South Africa. In 1978 it had been agreed that the"existing police" numbered close to 3,000. Just before and following the adoptionof Resolution 629 in January, which called upon "South Africa to reduceimmediately and substantially the existing police forces in Namibia", SouthAfrica agreed to reduce its total from 8,300 to 6,000, but on the basis that thistotal included the 3,000 Koevoet members who were supposed to be disbanded bythe military component of UNTAG in terms of the UN plan. In other words,Pretoria agreed to reduce the "existing police forces" to 3,000 and, furthemore, theAG was mandated to do so when in February this was approved as part of the UNPlan by Resolution 632. So far UNTAG has appeared to have objected to SouthAfrica's retention of Koevoet members in the police on the grounds ofunsuitability, but not on the basis of the 3,000 total agreed.The importance of limiting the total SWAPOL members is illustrated by two legaldevelopments, the second of which has so far not been publicised in Namibia.First, on 29 May the Supreme Court in Namibia issued a court order grantingeleven anti-SWAPO tribal appointees the right to police protection forthemselves, their families and their property. The order stated that policeauxilliaries could be employed by SWAPOL if necessary. The AG, as arespondent, did not challenge the request. Although there were subsequent reportsthat former Koevoet and SWATF members were being trained as "policeauxiliaries". Secondly, on 18 July the AG promulgated a series of legalamendments under the Second Law Amendment Proclamation No. 25 whichincluded an amendment of the 1958 Police Act giving commissioned SWAPOLofficers, magistrates and assistant magistrates the power to appoint up to five"temporary police" at any locality at any time without notice. UNTAG has so farmade no public comment on these developments, but on 17 August a Non-Aligned Movement fact finding mission alledged that "some 1,000 ex-SWATFmembers" had been mobilised as police auxilliaries assigned to chiefs andheadmen in the north.Similarly, no mention has so far been made by UNTAG of SWAPOL's securityunit or its Special Task Force. However, on 3 August the Secretary General didacknowledge that "the use by SWAPOL, especially the ex-Koevoet elements, ofthe armoured personnel carriers known as casspirs and of heavy machine guns isclearly

contrary to the Settlement Plan's stipulation that the police should be lightlyarmed." The UN plan states that the existing civilian police may only carry "small

arms in the normal performance of their duties". The AG promised the SecretaryGeneral on 19 July that all heavy machine guns would be removed from casspirs,that SWAPOL would reduce the use of such mineresistant vehicles from 380 to60 and that all night patrols with casspirs would cease.The Secretary General commented that "these are steps in the right direction...butthis is not enough. It remains my view that there must be full compliance with theSettlement Plan's provisions relating to the police." After four months ofimplementation, one of the most basic requirements of the UN plan- the effective confinement of the notorious Koevoet unit to base and itsdisbandment - remains unfulfilled. The Special Representative told the AG in Julythat, should this situation persist, he would have grave doubts about whether"conditions are established which would allow free and fair elections and animpartial electoral process".Return of exiled NamibiansBy the 12 May, i.e. within six weeks of the start of the transition, the UN HighCommission for Refugees should have established provisions for the safe andvoluntary return of all Namibians. The repatriation of refugees should have begunby 2 June and be completed by 24 June when the four month election campaignperiod began. On 26 April the UNHCR contracted the Council of Churches inNamibia (CCN), the only non-governmental organisation in Namibia withsubstantial experience in the administration of humanitarian assistance, to helpprovide reception centres for returning refugees. The Special Representative mustensure that any special provisions for returnees do not infringe their right to fullfreedom of movement, association and speech.However, the persistent threat to civilians posed by Koevoet in northern Namibia,the AG's opposition to the UNHCR's use of the CCN and his government's delayin promulgating the Amnesty Proclamation due to changes he proposed to thedraft text agreed with the UNHCR in 1979, led to two postponements by theUNHCR of the repatriation programme. Thus, the first of an estimated 350 charterflights for 41,000 registered returnees only took place on 12 June after theAmnesty was proclaimed on 6 June. By 3 August 33,793 returnees had arrived inNamibia under UNHCR auspices, 28,706 of whom left the reception centres tostay with family or friends. On 14 August the UNHCR's regular charter flightsfrom Angola and Zambia were ceased. Just over 36,000 returnees had arrivedback in Namibia. But an unknown number were still expected to return on otherUNHCR-sponsored flights while thousands of children were reported to beremaining abroad for the time being in SWAPO-sponsored schools.The intimidatory activities of ex-Koevoet members in the north slowed thisprocess and during July led to the temporary suspension of flights to Windhoekwhere the reception centres were overcrowded. Fears were also expressed overthe terms of the Amnesty Proclamation (AG 13 of 6 June) because it only covers

Namibians entering the territory through certain entry points designated by theAG and it does not prevent civil claims against returning exiles. On 9 August, theUN Special Representative complained that former Koevoet members in northernNamibia were "going through homesteads trying to identify former SWAPO

fighters, who had a right to exercise their legitimate option to lay down arms anreturn to Namibia as civilians."Repeal of all discriminatory and restrictive lawsThe UN Plan states that "all discriminatory and restrictive laws, regulations andadministrative measures which might abridge or inhibit" free and fair electionsshould have been repealed by 12 May, so that "full freedom of speech, assembly,movement and press shall be guaranteed". The AG had to do this to thesatisfaction of the UN Special Representative.In fact the first repeal of such laws was only promulgated by the AG on 6 June. Itwas widely thought that this would involve the total repeal by the AG of over 60such laws and measures, but on 6 June only 36 laws were repealed and anotherten were amended. Some draconian pieces of colonial legislation, particularlysecurity legislation, were repealed. In the First Law Amendment (Abolition ofDiscriminatory and Restrictive Laws for purposes of Free and Fair Election),Proclamation No. 14, the AG made allowance to remove further laws in future -provided he agreed with a written request to do so by any person with a directinterest in the election. AG 14 also provided for written submissions to anombudsman appointed by the AG who may recommend changes in theapplication of remaining laws if they are considered discriminatory or restrictive.The UN Special Representative immediately emphasised that heexpected further repeals by the AG: "We are still discussing a group of laws thatcould fall into our mandate." On 3 August he revealed that he was "pursuing withthe AG the repeal of AG 8. This legislation [establishing ethnic and raciallyseparate administrations] is found by the majority of people, including all themajor political parties, to be repugnant." In addition to AG 8, SWAPO and theCouncil of Churches requested the repeal of the National Intelligence Act of 1987and the Post Office Act of 1958, which allow the AG to intercept postandtelecommunications, as well as various other laws which curtail the freedissemination of information and the right to campaign freely for any politicalparty.On 18 July the AG promulgated a Second Law Amendment, Proclamation No.25, which amended a further nine laws. The AG confirmed that he had been askedto remove Proclamation AG 8, but he only made a minor change to that law. Headmitted that he was yet to change the law governing the Rehoboth Gebiet. Theother amendments introduced in AG 25 allow civil servants, teachers and pupilsto engage in politcal activity of their choice, and remove some of the AG'sarbitrary power to deport non-South African citizens and ban media reportingmovements of the police.Under the guise of removing discriminatory and restrictive laws, however, AG 25amended the Police Act so as to allow any police

or magistrates office to appoint up to five "temporary" policemen at any one placeat one time without notice. This could break the agreement entailed in Resolution632 concerning the number of police in the territory. Moreover, on 18 July theAG also promulgated two new laws - the Public Gatherings Proclamation No. 23

and the Prevention of Intimidation Proclamation No. 24 which, amongst otherthings, empower the AG to control public meetings and rallies and which prohibitmore subtle acts of intimidation such as verbal threats with heavy criminalpenalties.Release of all political prisoners and detaineesBy 24 June, prior to the commencement of the election campaign, all Namibianpolitical prisoners and detainees held by the South African authorities should havebeen released by the AG. The UN plan specifies that any disputes concerningindividual cases must be resolved to the satisfaction of the UN SpecialRepresentative who will seek independent opinion from UNTAG's legal adviser, ajurist of international standing. In addition, the primary texts of 435 state thatNamibians detained or otherwise outside the territory will be permitted to returnpeacefully and participate fully in the electoral process without risk of arrest.On 20 July, three weeks behind schedule, the AG announced the release of 25political prisoners, 23 of whom were released that day. The independent juristappointed by the UN Secretary General to UNTAG, Professor Carl Norgaard ofDenmark, was reported to have investigated the cases of 28 convicted prisonersand five others awaiting trial held by the South African authorities. The totalprison population in Namibia admitted by the administration was 2,179 at thebeginning of August. The UN Special Representative expressed himself satisfiedwith Professor Norgaard's recommendations, but said that "a few cases are stillpending". Human rights organisations identified eight political prisoners notreleased by the AG. He was reported to have said that the crimes of those not yetreleased were "completely disproportionate to their political motives." However,the similarity of some cases of those released and those detained led observers todoubt the AG.The AG had previously refused to release any political prisoners until alldetainees held by SWAPO were accounted for. On 24 May SWAPO was reportedto have released 201 detainees held on spying charges in Angola. Of these, 153,including 18 children, returned to Namibia under UNHCR auspices on 4 July. Afurther 16 returned on 9 August, but they said they were not part of the 201originally released and were part of another group of 84 detainees released in Maybut prevented from leaving Angola. Both groups claimed that there were tens, andpossibly hundreds, of other detainees held by SWAPO. When the UN SecretaryGeneral promised the AG in July during his visit to Namibia that he would pursuethe release of all alleged detainees held by SWAPO, the AG agreed to releaseSouth African-held political prisoners.But the UN Special Representative said of the allegations "I am not going to talkabout numbers because I think this is a very inflamatory situation and inflationaryfigures are branded

about." He went on to say, "the issue of political prisoners and detaineees - andperhaps I can add a third category which is not in the UN plan, that of missingpersons - is an ongoing process." Human rights observers have the names of over30 Namibians reported to have "disappeared" after being detained by the SouthAfrican security forces, but the number of missing persons in Namibia is

generally thought to be far higher. UNTAG is also investigating the identities ofbodies found in mass graves in northern Namibia.5. The electoral process and the constituent assemblyPublication of the electoral rulesBy the 12 May, "the establishment and publication of the general rules for theelection" should have been completed by the AG "to the satisfaction of theSpecial Representative". These rules should have included "the date for thebeginning of the electoral campaign, the date of the elections, the electoralsystem, the preparation of voters rolls and other aspects of the electoralprocedures".On 24 April, the AG published a "draft registration of voters (constituentassembly) proclamation" and invited comments from the general public inNamibia to be received by 15 May. The draft was severely criticised by theCouncil of Churches in Namibia, by human rights lawyers, the National Union ofNamibian Workers and by SWAPO, as well as by numerous overseasorganisations. A major criticism centred on the lack of any requirement that theAG regularly publish an alphabetical list of registered voters to be made availableat district level so that prospective voters could check whether they are properlyregistered and can challenge fraudulent entries, and to enable local counting ofballots. Following amendments agreed with the UN Special Representative, theAG promulgated the Registration of Voters (Constituent Assembly) Proclamation,AG 19, on 27 June 1989, but without satisfying the above vital criticism withregard to the voters register or other criticisms relating to eligibility (see below inthe next sub-section).On 21 July the AG published a "draft election (constituent assembly)proclamation" and invited comment from the Namibian public by August 11. Thefinalisation of the main election law will therefore most likely be more than twomonths after the official start of political campaigning, a situation contrary to theUN Plan schedule. Following an agreement reached by South Africa and SWAPOthrough the UN in November 1985, the draft election law was based on a systemof proportional representation. However, the draft was subject to severe criticism.Given the absence of a national voters roll, critics identified several areas wherethe draft would allow widescale fraud or election rigging (see further below).On the same day, the AG also released a "draft constituent assemblyproclamation" to be commented upon by 11 August. Human rights andconstitutional lawyers expressed grave concern about this law as well, notablyabout the powers given to the AG over the constituent assembly (see also furtherbelow).

A feature of the three draft laws mentioned above, is that they are copied, almostunchanged, from the two laws used by South Africa to conduct an election inNamibia in 1978, an election condemned by the entire international community asa fraudulent exercise. The original two laws in 1978 were RegistrationProclamation AG 37 and Election Proclamation AG 63 on the election proceduresand rules governing the constituent assembly.

Another feature of the legislation was that it nowhere provided for mechanisms ofsupervision and control of the electoral process by the UN Special Representativeas was agreed in Resolution 435. In order to meet this requirement, the UNSpecial Representative decided to approve the AG's Registration Proclamationand to accomodate provisions for UNTAG supervision of the registration processthrough an exchange of letters on 26 June with the AG. These letters were thenreleased in a General Notice of the Official Gazzette by the AG on 1 July. It isexpected by observers that this procedure, whereby UNTAG is given no powersin Namibia's domestic law, will be used by the AG and the UN SpecialRepresenttative in relation to other proclamations governing the electoral process.Voter registrationAccording to the UN Plan, "the proper registration of voters...will also have to beconducted to the satisfaction of the Special Representative." The Plan states that"every adult Namibian will be eligible, without discrimination or fear ofintimidation from any source, to vote, campaign and stand for election to theconstituent assembly".In this respect, Proclamation AG 19 established that those over 18 years of ageeligible to register as voters must be either born in Namibia, have natural parentsborn in Namibia or have been "ordinarily" resident in Namibia for at least fouryears continuously prior to registration. The Walvis Bay enclave is not consideredpart of Namibia in this, or for that matter, any other law passed by the AG. Thiseligibility requirement has been widely criticised because it could allow tens ofthousands of South African and Angolan citizens to register as voters, whiledisenfranchising Namibians in Walvis Bay.On 2 July the South African government's Bureau for Information launched acampaign to encourage South African residents whose parents were born inNamibia to travel to Namibia to register and vote. UNTAG admitted sending20,000 registration cards to registration offices near the Namibian border withSouth Africa, but said that the number of registrants crossing the border numberedless than 2,000 by August. The registration district adjacent to South Africa,namely Karasburg, reported 8,264 registrations by 7 August out of a total adultpopulation of 6,942 estimated by the AG's Department of Statistics. Other SouthAfrican citizens have registered at Swakopmund (see below).The number of Angolans registering is not possible to quantify. It has beenreported by the local Red Cross that there were about 40,000 Angolan refugeesliving in the Kavango region when UNTAG arrived in April. But the AG'sDepartment of Civic Affairs has admitted issuing Angolan refugees with OfficialSWA ID cards

since 1975. In the first year, 4,564 Angolans were processed. In addition,SWAPO charged on 9 August that SWAPOL has helped Angolans cross thenorthern Kavango border at night in order to register. The Angolan news agencyalso reported in August that the head of the Omega registration office in Capriviwas a senior commander in UNITA. This suggests that many Angolans couldhave registered, although UNTAG claims to have no information that this is thecase.

By 7 August, the AG had reported 542,580 registrations which, he claimed,represented 80% of the total number of voters estimated by his Department ofStatistics on 14 July. The South African population estimate must, however, betreated with extreme caution. All official census data for Namibia is widelyregarded as being extremely inadequate. The UNTAG computor expert stated on27 July that official census information for the north, for example, had beenobtained by the South African officials counting dwellings from air photographyand then multiplying that number by a standard formula. The AG's Department ofCivic Affairs and Manpower admitted in March 1988 that an investigation hadfound that only 23% of all births in Namibia were officially registered. The AG'stotal estimate of 677,000 adults of 18 years or over can only be treated as a roughguess. SWAPO, using estimates derived from UN studies, put the total at over750,000. Any percentages derived from the official adult population estimatesshould be treated with caution and should certainly not be used to show that voterregistration is "complete".It is also not correct to assume that the district by district breakdown ofregistration returns is a record of the adult population in each district. Forexample, by 7 August registrations for the Omaruru district were 123% of theAG's adult population estimate. This could mean that the population of the districtwas grossly underestimated, but it could also mean that voters living in otherdistricts had decided to register in Omaruru because the RegistrationProclamation, AG 19, allows prospective voters to register at a permanent ortemporary office anywhere in the territory.A serious problem in the registration process was its relative slowness amongstNamibians in the Ovambo region and in Walvis Bay. According to one estimatein early August, only about 5,000 out of a possible 15-16,000 eligible residents inWalvis Bay had registered. Those registering had to travel to offices inSwakopmund 30 kilometers away. Many cases of black workers unable to gettime off work were reported, and it was said that the Swakopmund office oftenclosed early on Saturdays. But the major obstacle reported was that most blackresidents did not possess abridged birth certificates to prove that they, or theirparents, were born in (the non Walvis Bay parts of) Namibia. The RegistrationProclamation states that only official birth certificates will be accepted as a validform of proof if an applicant is normally resident "outside the territory".In the Ovambo region, the most populous part of the country and a knownstronghold of SWAPO support, only 57% of adults had registered by 7 Augustaccording to official (flawed) estimates. This percentage could well have beenlower if the 280,426 figure for the total adult population was an underestimate.

Experienced observers knowing the lengths to which South Africa has gone todefeat SWAPO, said that the colonial authorities would find it politicallyconvenient to underestimate the population in northern Namibia, especially in theOvambo region. Even so, the AG's percentage for those registered was muchlower than for other areas. On 8 August the AG revised the total registrationfigure upwards from 161,050 to 198,781 (i.e. by 37,731). He explained the suddenjump as due to "communications difficulties in outlying areas". On 12 August the

AG once again adjusted the figure for total registrations in the Ovambo regionupwards by 6,598.The AG did not address the reasons given by spokespeople in the Ovambo regionfor the slow rate of registration. On 8 August he acknowledged that "due to theterrain in the northern areas certain logistical problems were encountered". But hethen decided to reduce the number of mobile registration teams even though therewas evidence that such teams were not reaching outlying districts and villages.The AG simultaneously increased the number of stationary registration offices attribal offices places feared by most civilians in the north because of the alleganceof tribal authorities to the DTA. A serious complaint was that there was pooradvanced notice concerning the location of mobile teams and that oftenregistration offices were understaffed or prematurely closed.An important cause reported for the relatively low registration in the Ovamboregion was the decision by the AG on 21 July to order his officials to no longeraccept baptismal certificates as proof of voting eligibility. This particularlyaffected those in rural areas where the absence of formal documents is widespreadand, especially, young people who had to prove their age. Church officialsprotested that even the South African authorities used such records to issueofficial ID cards. On the other hand, the Registration Proclamation allowed tribalchiefs and headmen to vouch for the identity of a registrant. Given the role of thechurches and of most tribal authorities in the recent past, these regulations wereseen by many to entail political bias. Nevertheless, the most blatant obstacle toregistration reported from the outlying areas was the activities of former Koevoetmembers whose intimidatory patrols as part of SWAPOL prevented civiliansgoing to register out of sheer fear.Finally, there were grave doubts expressed as to whether completed registrationswould turn out to be valid votes when the poll was counted. On 12 July, theSWAPO official in charge of registration, complained of "a systematic patternof (registration) cards being incorrectly filed." He said that SWAPO field workershad evidence of registration officials deliberately filling out cards incorrectly,misspelling names, incorrectly recording ID numbers and failing to sign, stamp orduplicate cards. The UNTAG Chief Electoral Officer announced on 17 July thatno vote would be invalidated because of a mistake by a registration officer, but itwas left unclear how UNTAG could identify and correct such mistakes before thecount.The election campaign and the ballotThe UN Plan states that "the official electoral campaign will

commence only after the UN Special Representative has satisfied himself as to thefairness and appropriateness of the electoral procedures". Once again the agreedschedule was not met. The four month long campaign began more or less on timeat the end of June, but the electoral procedures were still being discussed by theAG and the UN Special Representative in mid-August.Furthermore, the PLan provides that "all political parties and interested persons,without regard to their political views" will have "a full and fair opportunity to

organise and participate in the electoral process"..." in an atmosphere oftranquility."The serious delay in issuing the electoral rules, led to the anomaly wherebypolitical parties are campaigning but do not yet know the rules. Some may evennot be able to qualify. According to the AG's Draft Election Proclamation, anypolitical organisation can register a list of 72 candidates, ranked in order, forelection to the proposed 72-member constituent assembly provided it submits atleast 2,000 signatures of subscribing members who are proven to be registeredvoters. Reactions to this aspect of the Draft were simply to ask why the AG hadchosen 72 seats, since it did not lend itself to an easy computation of percentages.However, the actual electoral campaign was marked during July and early Augustwith numerous incidents of intimidation, especially in the northern regions (seethe section above on the suitability of the existing police). These more ofteninvolved the threat of violence, rather than the use of violence, against SWAPOsupporters by former SWATF soldiers who were on demob pay campaigning forthe DTA or by ex-Koevoet members of SWAPOL.But there were also serious incidents of politically-motivated violence. On 23June, at the start of political campaigning, and the day after the killing of aSWAPO supporter in Rundu by a member of SWAPOL, the UN SpecialRepresentative spoke of the numerous reports of assault by members of SWAPOL"often seemingly on political grounds". On 31 July, for instance, DTA supportersattacked returnees at the Ongwediva reception centre, seriously injuring a woman.On 2 August a SWAPO election official, Joseph Petrus, who was formerly inKoevoet, was shot dead by SWAPOL in mysterious circumstances whereeyewitnesses and UNTAG police monitors contradicted the SWAPOL account.On 7 August, three SWAPO election officials were shot at near Okakarara and aSWAPO returnee was abducted in the Kaokoveld. But physical attacks were notonly perpetrated in the north. There were also reports during July of "DTAvigilantes" attacking SWAPO supporters while on house to house calls inWindhoek's main black township, Katutura.The relative dearth of hard evidence of violent intimidation by SWAPOsupporters since the campaigning began in July can probably be explained by thefact that SWAPO would have most to lose by such activities, since they could beused by South Africa as an excuse not to accept the election result. Although therewere not by early August numerous reports of intimidation by employers, ashappened in South Africa's 1975 and 1978 fraudulent elections, this cannot bediscounted, especially on isolated white-owned farms.

The UN Special Representative has reserved the right to make his own findingson intimidation, rather than rely upon the AG's Commission for the Preventionand Combatting of Intimidation and Election Malpractice headed by BryanO'Linn. (see the above section on impartiality). By 14 August, the O'LinnCommission had handled 57 complaints, well below the 403 reported to UNTAGby the same date. Human rights lawyers have been critical of the terms ofreference of the Commission, especially its denial of the right to cross examine

witnesses, its inadequate appeal procedure to the AG and its power to compel aperson called before it to answer questions which may be self incriminating.The UN Plan states that "voting will be by secret ballot, with provisions made forthose who cannot read or write". Yet South Africa's proposals for the votingsystem violated or seriously compromised this requirement. The AG's Draft wasvehemently attacked for failing to guarantee the secrecy of each person's ballot,allowing South African officials to mark the ballot of anyone considered illiterate(ie: a majority of all voters), preventing party agents from being present at pollingstations and allowing colonial police to be present, and proposing a very complexand centralised verification and vote counting procedure that would allow SouthAfrican officials to open and close every ballot box three times before the finalcount and could take several weeks to finalise. Observers were alarmed at theAG's suggestion that all registration cards with fingerprints would be crosschecked with duplicate cards by fingerprint experts, a process which could takeover two months if done thoroughly.It has been suggested by UNTAG that there will be about 400 polling stationsthroughout the country monitored by over 800 UNTAG electoral monitors.UNTAG will also monitor the counting of votes. Yet there was a completeabsence in the Draft of provisions specifying the supervisory and controlling roleof UNTAG. Given the above criticisms, legal experts thought it impossible that anelementary requirement in the UN Plan could be adequately met, namely that:"The proper and timely tabulation and publication of the voting results will alsohave to be conducted to the satisfaction of the Special Representative."Many observers agreed that a major flaw in the Draft emanated from, what onecritic called, "the AG's inexplicable refusal to accept demands from all quartersfor a single, comprehensive voters' roll as a record of voter registration." Byallowing this ommission in the AG's Registration Proclamation, the UN SpecialRepresentative denied the possibility of a prompt, local count and an immediateannouncement of results at local polls. This would have eliminated the marginopen for official fraud. The likely delays in the result will probably generate alack of confidence in the result.Other proposals strongly criticised in the AG's Draft included provisions allowingpolitical parties to use a rival party's symbol, allowing voters to cast votes at anypolling place and allowing the AG to shorten or extend the dates and hours ofpolling for different areas in Namibia.According to the agreed schedule in the UN plan, balloting was to have been heldin the first week of November, but in July the AG

and UN Special Representative moved it to the second week commencing 6November.The Constituent AssemblyThe role of the South African administration during this final phase of the UNPlan is not well defined and, unless the fundamental principles of Resolution 435- such as the illegality of that administration and the transfer of power to theNamibian people under the supervision and control of the UN - are put into effect,

very serious conflicts could arise about the way in which power is handed over tothe new government.The UN Plan states that, "immediately after the certification of the electionresults, the Constituent Assembly will meet to draw up and adopt a constitutionfor an independent Namibia." According to the schedule approved by Resolution435, the Constituent Assembly will be expected to conclude its work before theyear-long mandate for the UNTAG mission runs out, i.e. within four months, andbefore 31 March 1990. Finally, "the actual date for independence (will) fall withinthe competence of the Constituent Assembly." Resolution 435 gives the AG nopowers with respect to the functioning or determinations of the ConstituentAssembly.However, in the AG's "draft constituent assembly proclamation", the AG is givenwide powers to delay and even to influence the work of the ConstituentAssembly. He is given the power to ignore "requests", "recommendations" and"proposals" of the Assembly concerning the administration of the country duringthe final stage of the transition, and he could refer the final constitution for ajudicial review before South African-appointed judges (see further below).SWAPO stated on 21 July in its official response to the Draft that it "sees no pointin participating in the election for a Constituent Assembly at all if the AG isallowed to undercut the essential purpose of that election."Insofar as the UN must supervise and control "all aspects of the electoralprocess", it might have been reasonably assumed that the UN SpecialRepresentative would convene the first sitting of the Assembly and that UNTAGwould provide a secretariat should the Constituent Assembly request it. However,according to the Draft, the AG will set the date and convene the first sitting of theAssembly, acting as its Chair until a President of the Assembly is elected, and hewill also appoint its secretariat.There were other important but more minor criticisms of the AG's Draft, such asthe restriction of membership of the Assembly to those who are 21 years of age orover, but the most important other defects related to an agreement between SouthAfrica, SWAPO, the Five Western powers and the Front Line States in July 1982.Constitutional principlesA document entitled "Principles concerning the Constituent Assembly and theConstitution of an independent Namibia" was agreed in July 1982. In a preambleto a set of eight

Constitutional Principles, the agreement restated some of the provisions ofResolution 435, and then it stated that the Constituent Assembly "will adopt theconstitution as a whole by a two thirds majority". However, in the AG's Draft "allquestions in the Assembly shall be determined by a decision of at least 48 (out of72) members." Clearly, the AG's very restrictive provision is contrary to the UNPlan agreement and, if accepted, it could seriously delay and frustrate the work ofthe Assembly.More seriously, the AG incorporated the set of "Principles" agreed by thenegotiating parties in 1982 into his Draft, but he changed the wording and omittedone of them - that of "due process" before the law. Even if the Assembly agrees

the Principles in their original form, the AG's Draft gives South Africa the powerto engage in a judicial review of the constitution.The Principles themselves are relatively (but not totally) uncontentious, althoughthey exclude some specific human rights clauses such as that contained in theConvention against Torture and other Cruel, Inhuman and Degrading Treatmentof Punishment adopted by the General Assembly in December 1984.At the risk of distorting the original wording (See Security Council documentS/15287), a brief summary of the Principles is as follows: the constitution mustinclude provisions guaranteeing a unitary, sovereign and democratic state; anelected executive branch of goverment must be responsible to a legislative branch,both elected periodically in a secret vote; the legislative assembly elections mustbe based on universal and equal suffrage and the Assembly will be responsible forthe passage of all laws; an independent judiciary shall be responsible for theinterpretation of the Constitution;provision will be made for the balancedrestructuring of the civil service, police and army ensuring equal access inrecruitment through appropriate independent bodies; and provision must be madefor elected councils for local and/or regional administration.The Constitution must also include a declaration of fundamental rights, consistentwith the Universal Declaration of Human Rights, which includes the right to lifeand personal property, to freedom of conscience, expression, assembly andassociation, including for the press, political parties and trade unions, to freedomfrom racial, ethnic, religious or sexual discrimination, to due process and equalitybefore the law, and to protection from arbitrary deprivation of private propertywithout just compensation. Aggrieved individuals will be entitles to have courtsadjudicate and enfotrce these rights, but the declaration must prohibit the creationof criminal offenses with retrospective effect or to provide for increased penaltieswith retrospective effect.The Windhoek-based Legal Assistance Centre summed up the thoughts of manyabout the AG's Constituent Assembly Draft when it said: "We do not believe thatthe Administrator General should have jurisdiction over the contents of the newconstitution. Also, although we fully support the subsequent enforcement of theconstitution by the judiciary, the courts should not be arbiters of its initialcontents. The elected representatives of the

Namibian people should decide on the formulation of a constitution, with as muchlatitude as possible within the framework of Resolution 435, and only the UNSecretary General should have the authority to determine whether therequirements of Resolution 435 have been satisfied."6.The Angola agreementsAs mentioned above, the UN plan has become informally linked to a tripartiteagreement on non-aggression and Cuban troop withdrawal between thegovernments of South Africa, Angola and Cuba signed on 22 December 1988.However, in Resolution 539 of 28 October 1983, and in resolutions since then, theSecurity Council specifically rejected "the linking of Namibia's independencewith extraneous issues incompatible with Resolution 435".

Thus, on 16 January 1989, the Security Council merely "noted" the trilateralagreement, and proceeded to set April 1 as the date for the commencement of theUN plan. The bilateral accord between Angola and Cuba which fixes a timetablefor Cuban troop withdrawal from Angola up to July 1991, reserves the right ofboth governments to "modify or alter their obligations...if blatant breach of theTripartite Agreement occurs".Under the bilateral agreement between Angola and Cuba, which is part of thetrilateral accord, 3,000 Cuban troops must have left Angola by 1 April, 25,000 by1 November 1989, 33,000 by 1 April 1990, 38,000 by 1 October 1990 and all ofthe 50,000 by 1 July 1991. In addition, the Cuban troops must redeploy north ofthe 15th parallel by 1 August 1989, and above the 13th parallel by 31 October1989. So far, the first step in this withdrawal has been by the UN AngolaVerification Mission (UNAVEM).One part of the tripartite accord, the Brazzaville Protocol signed between Angola,Cuba and South Africa on 17 December 1988, established a Joint Commission tomeet monthly to oversee the tripartite agreements. The USA and USSR mayattend meetings as observers. The Protocol states that "the Joint Commission shallin no way function as a substitute for UNTAG... or for the United Nations entityperforming verification in Angola".Clearly, a failure to implement the tripartite agreement and the 27 month phasedwithdrawal of Cuban troops would not formally constitute a breach of the UNplan on Namibia, but in practice it would create conditions which would seriouslyhinder and even halt the UN plan because of the nature of the powers involved.Thus, for example, the US Senate approved an amendment by the ConservativeCausus in July making $39 million of US funds for UN peacekeeping operationsin Namibia and Angola conditional upon timely Cuban troop withdrawals fromAngola and on SWAPO combatants returning north of the sixteenth parallel inAngola. While the status of this decision is not yet final, the reports of seriousfighting in Angola since the MPLA government and UNITA rebels agreed aceasefire on 24 June, and the Bush Adiministration's commitment to continuedUS aid to UNITA, could jeopardise the withdrawal of Cuban troops beyond the14,000 already verified by UNAVEM on 21 July. This would have direconsequences for the UN plan on Namibia.

7. ConclusionThe UN plan, considered in its entirety, has reasonably clear objectives and mostof its modalities are unambiguous. But in many areas vaguely-defined provisionscould be exploited through misinterpretation or by the inability of UNTAG toadminister its stated tasks. In particular, major problems may arise from the plan'sfailure to define Namibia's territoriality and citizenship, from its reliance on SouthAfrica's illegal administration and police or from the effective linking of thewhole plan to events in Angola.In analysing possible troublespots, one must look at the actual balance of forcesand their current behaviour, and whether such forces are likely to conform with,first, the security provisions, and, secondly, the electoral and constitutionalprovisions of the UN plan.

Amongst the security failures during implementation, the most serious andenduring have arisen from the actions of South Africa's locally-recruited army,SWATF, and its counterinsurgency police. While UNTAG has verified that thephased withdrawal of the SADF has been completed ahead of schedule, a matterabout which some questions still remain, the failure of South Africa to properlydisband and demobilise the police counter-insurgency unit, Koevoet, aresponsibility to be supervised by the military component of UNTAG, has beenthe source of most violence. Members of Koevoet initiated fighting with SWAPOcombatants on 1 April before awaiting the intervention of UNTAG. Koevoetpersonnel have since been responsible for widespread intimidation of civilians innorthern Namibia. Action by UNTAG to remove former Koevoet members fromthe civilian police was hesitant during the first months of implementation.Similar security breaches, but less publicised, have arisen from the actions ofdemobilised members of SWATF. These personnel are six or seven times morenumerous than former Koevoet members and, although deactivated since 13 May,have demonstrated a capacity to re-group and re-arm at short notice. The problemof UNITA armed activity in northern Namibia has so far not been as great, but ifcombined with other armed destabilisation, could pose a serious threat to theUNTAG mission.These breaches of the security arrangements of the UN plan have already had aneffect in distorting the electoral process. The most widespread type of complaintlodged with UNTAG, as well as with Namibian legal rights groups, the churches,the Ovambo administration and overseas eminent observer missions, has been theintimidation of civilians displaying support for SWAPO by both existing and exSouth African security force personnel who support the DTA.However, this is not the only distortion of the electoral process so far. Voterregistration already has a number of biases against SWAPO and groups who havebeen critical of the colonial regime. Namibian voters in the Walvis Bay have toregister in Swakopmund 30 kilometers away, and they are barred by South Africafrom electioneering in the Enclave. In the Kavango region there are reported to beroughly 40,000 Angolan refugees, many of whom have

UNITA sympathies and could try to register with identification documents issuedby chiefs or headmen. The same problem exists on a lesser scale in the Capriviand eastern Ovambo regions. In addition, thousands of South African citizensunlikely to become Namibian citizens will register to vote. These will includethose who have lived in Namibia continuously for four years before registration aswell as those residing in South Africa who have been born in Namibia or whoseparents were born there.Unequal per capita access to resources by the contestants has also distorted theelection process. The parastatal broadcasting corporation had not stopped its anti-SWAPO bias, and the funds available to the DTA and other anti-SWAPOelectoral fronts appears vastly incongruent with the level of visible support theyhave in Namibia.Even after the certification of a free and fair election to the constituent assembly,the UN is responsible for ensuring the removal of the remaining branches of

South Africa's administration. A Dutch newspaper reported in February that theAG foresaw a situation where Namibia might only gain its independence twoyears after the constituent assembly elections. If the UN allows the AG to getaway with some of his draft proposals for the election and the constituentassembly, and Namibian political parties which have been sponsored or promotedby South Africa manage to get at least one third of the vote, there could beconstitutional deadlock for some time.Key issues facing the constituent assembly will be the future composition of theNamibian police and army, the whole question of territoriality as it relates toWalvis Bay, the Penguin Islands and the Orange River, the structure of local andregional administration in relation to ethnic tensions, the question of publicfinancial control and the inheritance of the relatively large debt imposed onNamibia by South Africa, and the means by which the new government will beelected should the assembly chose not to transform itself into a parliament.Thus, the period after the elections, during which the constituent assembly istrying to resolve differences, and immediately before and after independence, willprobably be the most dangerous in terms of the real transfer of power to thepeople of Namibia. In this period, the UN Plan is singularly vague. But thegeneral principles remain the same: that the UN has a unique responsibility toensure Namibia's independence and the complete withdrawal of South Africa'sillegal presence. Whether it will truly meet that responsibility depends on theexercise of political power and the capacity of the international community toabide by international law as well as the letter and spirit of the UN Plan forNamibia's independence.18 AUGUST 1989

1NAMIBIAESSENTIAL DOCUMENTS OF THE UNITED NATIONS' INDEPENDENCEPLAN, 1976-89Section 1

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 1UNITED NATIONSDistr.SCURITYS/RES/385 (1976)C 0 U N C I L 6 30 January 1976RESOLUTION 385 (1976)Adopted by the Security Council at its 1885th meeting, on 30 January 1976The Security Council,Having heard the statement by the President of the United Nations Council forNamibia,Having considered the statement by Mr. Moses M. Garoeb, AdministrativeSecretary of the South West Africa People's Organization (SWAPO),

Recalling General Assembly resolution 2145 (XXI) of 27 October 1966, whichterminated South Africa's mandate over the Territory of Namibia, andresolution 2248 (S-V) of 19 May 1967, which established a United Nations.Councilfor Namibia, as well as all other subsequent resolutions on Namibia, in particular,resolution 3295 (XXIX) of 13 December 1974 and resolution 3399 (XXX) of26 November 1975,RecallinA Security Council resolutions 245 (1968) of 25 January and 246 (1968)of 14 March 1968, 264 (1969) of 20 March and 269 (1969) of 12 August 1969,276 (1970) of 30 January, 282 (1970) of 23 July, 283 (1970) and 284 (1970) of29 July 1970, 300 (1971) of 12 October and 301 (1971) of 20 October 1971, 310(1972) of 4 February 1972 and 366 (1974) of 17 December 1974,Recalling the advisory opinion of the International Court of Justice of21 June 1971 that South Africa is under obligation to withdraw its presence fromthe Territory,Reaffirming the legal responsibility of the United Nations over Namibia,Concerned at South Africa's continued illegal occupation of Namibia and itspersistent refusal to comply with resolutions and decisions of the GeneralAssembly and the Security Council, as well as with the advisory opinion of theInternationalCourt of Justice of 21 June 1971,Gravely concerned at South Africa's brutal repression of the Namibian peopleand its persistent violation of their human rights, as well as its efforts todestroy the national unity and territorial integrity of Namibia, and its aggressivemilitary build-up in the area,...T6-02536

DCDDAflJJrrA DV TLJC AlA AAIDIA CAUUIMflCATIAAI~ CPAITRFI...S/RES/385 (1976)Page 2Strongly deploring the militarization of Nanibia by the illegal occupation r~gimeof South Africa,,1. Condemns the continued illegal occupation of the Territory of Namibia bySouth Africa;2. Condemns the illegal and arbitrary application by South Africa of raciallydiscriminatory and repressive laws and practices in Namibia;3. Condemns the South African military build-up in Namibia and anyutilization of the Territory as a base for attacks on neighbouring countries:4. Demands that South Africa put an end forthwith to its policy ofbantustans and the so-called homelands aimed at violating the national unity andthe territorial integrity of Namibia;5. Further condemns South Africa's failure to comply with the terms of SecurityCouncil resolution 366 (1974) of 17 December 1974;

6. Further condemns all attempts by South Africa calculated to evade the cleardemand of the United Nations for the holding of free elections under UnitedNations supervision and control in Namibia;7. Declares that in order that the people of Namibia be enabled to freelydetermine their own future, it is imperative that free elections under thesupervision and control of the United Nations be held for the whole of Namibia asone political entity;8. Further declares that in determining the date, time-table and modalities for theelections in accordance with paragraph 7 above, there shall be adequate time to bedecided upon by the Security Council for the purposes of enabling the UnitedNations to establish the necessary machinery within Namibia to supervise andcontrol such elections, as well as to enable the people of Namibia to organizepolitically for the purpose of such elections;9. Demands that South Africa urgently make a solemn declaration accepting theforegoing provisions for the holding of free elections in Namibia under UnitedNations supervision and control, undertaking to comply with the resolutions anddecisions of the United Nations and with the advisory opinion of the InternationalCourt of Justice of 21 June 1971 in regard to Namibia, and recognizing theterritorial integrity and unity of Namibia as a nation;10. Reiterates its demand that South Africa take the necessary steps toeffect the withdrawal, in accordance with resolutions 264 (1969), 269 (1969) and366 (19T4), of its illegal administration maintained in Namibia and to transferpower to the people of Namibia with the assistance of the United Nations;11. Demands again that South Africa, pending the transfer of powers provided forin the preceding paragraph:

S/RES/385 (1976)Page 3(a) Comply fully in spirit and in practice with the provisions of the UniversalDeclaration of Human Rights,,(b) Release all Namibian political prisoners, including all those imprisoned orde'ained in connexion with offences under so--called internal security laws,whether such Namibians have been charged or tried or are held without chargeand whether held in Namibia or South Africa.(c) Abolish the application in Namibia of all racially discriminatory andpolitically repressive laws and practices, particularly bantustans and homelands;(d) Accord unconditionally to all Namibians currently in exile for politicalreasons full facilities for return to their country without risk of arrest, detention,intimidation or imprisonment;12. Decides to remain seized of the matter and to meet on or before31 August 1976 for the purpose of reviewing South Africa's compliance with theterms of this resolution and, in the event of non-compliance by South Africa, forthe purpose of considering the appropriate measures to be taken under theCharter.

DAM: 4 REPRODUCED BY THE .AMIBIACOMMUNICATIONS CENTRENamibia: S/12636Letter (S/12636) dated 10 April 1978 from the Representatives of Canada, France,the Federal Republic of German, the United Kingdom of Great Britain andNorthern Ireland and the United States of America to the President of the SecurityCouncilOn instructions from our Governments we have the honour to transmit to you aproposal for the settlement of the Namibian situation and to request that it shouldbe circulated as a document of the Security Council.The objective of our proposal is the independence of Namibia in accordance withresolution 385(1976), adopted unanimously by the Security Council on 30January 1976 We are continuing to ork towards the implementation of theproposal.Proposal for a Settlement of theNamibian SituationUnited NationsI. Introduction1. Bearing in mind their responsibilities as members of the Security Council, theGovernments of Canada, France, the Federal Republic of Germany, the UnitedKingdom and the United States have consulted with the various parties involvedwith the Namibian situation with a view to encouraging agreement on the transferof authority in Namibia to an independent government in accordance withresolution 385(1976), adopted unanimously by the Security Council on 30January 1976.2. To this end, our Governments have drawn up a proposal for the settlement ofthe Namibian question designed to bring about a transition to independenceduring 1978 within a framework acceptable to the people of Namibia and thus tothe international community. While the proposal addresses itself to all elements ofresolution 385(1976), the key to an internationally acceptable transition toindependence is free elections for the whole of Namibia as one political entitywith an appropriate United Nations role in accordance with resolution 385(1976).A resolution will be required in the Security Council requesting the Secretary-General to appoint a United Nations Special Representative whose central taskwill be to make sure that conditions are established which will allow free and fairelections and an impartial electoral process. The Special Representative will beassisted by a United Nations Transition Assistance Group.3. The purpose of the electoral process is to elect representatives to a NamibianConstituent Assembly which will draw up and adopt the Constitution for anindependent and sovereign Namibia. Authority would then be assumed during1978 by the Government of Namibia. 4. A more detailed description of theproposal is contained below. Our Governments believe that this proposal providesan effective basis for implementing resolution 385(1976) while taking adequateaccount of the interests of all parties involved. In carrying out his responsibilities,the Special Representative will work together with the official appointed by SouthAfrica (the Administrator-General) to ensure the orderly transition to

independence. This working arrangement shall in no way constitute recognition ofthe legality of the South African presence in and administration of Namibia.I. The Electoral Process5. In accordance with Security Council resolution 385(1976), free elections willbe held, for the whole of Namibia as one political entity, to enable the people ofNamibia freely and fairly to determine their own future. The elections will beunder the supervision and control of the United Nations in that, as a condition tothe conduct of the electoral process, the elections themselves and the certificationof their results, the United Nations Special Representative will have to satisfyhimself at each stage as to the fairness and appropriateness of allDA I= A

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREmeasures affecting the political process at all levels of administration before suchmeasures take effect. Moreover the Special Representative may himself makeproposals in regard to any aspect of the political process. He will have at hisdisposal a substantial civilian section of the United Nations Transition AssistanceGroup (UNTAG), sufficient to carry out his duties satisfactorily. He will report tothe Secretary-General. keeping him informed and making such recommendationsas he considers necessary with respect-to the discharge of his responsibilities. TheSecretary-General, in accordance with the mandate entrusted to him by theSecurity Council. will keep the Council informed.6. Elections will be held to select a Constituent Assembly which will adopt aConstitution for an independent Namibia. The Constitution will determine theorganization and powers of all levels of government. Every adult Namibian willbe eligible, without discrimination or fear of intimidation from any source, tovote, campaign and stand for election to the Constituent Assembly. Voting will beby secret ballot, with provisions made for those who cannot read or write. Thedate for the beginning of the electoral campaign, the date of elections, theelectoral system, the preparation of voters rolls, and other aspects of electoralprocedures will be promptly decided upon so as to give all political parties andinterested persons, without regard to their political views, a full and fairopportunity to organize and participate in the electoral process. Full freedom ofspeech, assembly, movement and press shall be guaranteed. The official electoralcampaign shall commence only after the United Nations Special Representativehas satisfied himself as to the fairness and appropriateness of the electoralprocedures. The implementation of the electoral process, including the properregistration of voters and the proper and timely tabulation and publication ofvoting results, will also have to be conducted to the satisfaction of the SpecialRepresentative.7. The following requirements will be fulfilled to the satisfaction of the UnitedNations Special Representative in order to meet the objective of free and fairelections:a. Prior to the beginning of the electoral campaign,' the Administrator-Generalwill repeal all remaining discriminatory or restrictive laws, regulations, oradministrative measures which might abridge or inhibit that objective.

b. The Administrator-General will make arrangements for the release, prior to thebeginning of the electoral campaign, of all Namibian political prisoners orpolitical detainees held by the South African authoritiesso that they can prticipate full\ and freely in that process, without risk of arrest,detention, intimidation or imprisonment. An disputes concerning the release ofpolitical prisoners or political detainees \, ill be resolved to the satisfaction of theSpecial RepreNentatiic acting on the independent ad\ ice of a jurist ofinternational standing who wNill be designated by the Secretary-General to belegal adviser to the Special Representative.c. All Namibian refugees or Namibians detained or otherwise outside theTerritory of Namibia will be permitted to return peacefully and participate fullyand freely in the electoral process without risk of arrest. detention, intimidation orimprisonment. Suitable entry points will be designated for these purposes.d. The Special Representative, with the assistance of the United Nations HighCommissioner for Refugees and of other appropriate international bodies, willensure that Namibians remaining outside of Namibia will be given a free andvoluntary choice whether to return. Provision will be made to attest to thevoluntary nature of decisions made by Namibians who elect not to return toNamibia.&A comprehensive cessation of all hostile acts will be observed by all parties inorder to ensure that the electoral process will be free from interference andintimidation. The annex describes provisions for the implementation of thecessation of all hostile acts, military arrangements concerning UNTAG, thewithdrawal of South African forces, and arrangements with respect to otherorganized forces in Namibia, and with respect to the forces of SWAPO. Theseprovisions call for:a. A cessation of all hostile acts by all parties and the restriction of South Africanand SWAPO armed forces to base.b. Thereafter, a phased withdrawal from Namibia of all but 1,500 South Africantroops within 12 weeks and prior to the official start of the political campaign.The remaining South African force would be restricted to Grootfontein orOshivello or both and would be withdrawn after the certification of the election.c. The demobilization of the citizen forces, commandos and ethnic forces, and thedismantling of their command structures.d. Provision will be made for SWAPO personnel outside the Territory to returnpeacefully to Namibia through designated entry points to participate freely in thepolitical process.e. A military section of UNTAG to ensure that the provisions of the agreedsolution will be observed by all parties. In establishing the military section ofUNTAG. the Secretary-General will keep in mind functional andPAGE 5

DAf~ ~ REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRElogistical requirements. The five Governments. as members of the SecurityCouncil, will support the Secretary-General's judgement in his discharge of this

responsibility. The Secretary-General will, in the normal manner, include in hisconsultations all those concerned with the implementation of the agreement. TheUnited Nations Special Representative will be required to satisfy himself as to theimplementation of all these arrangements and will keep the Secretary-Generalinformed of developments in this regard.9. Primary responsibility for maintaining-law and order in Namibia during thetransition period will rest with the existing police forces. The Administrator-General will ensure the good conduct of the police forces to the satisfaction of theUnited Nations Special Representative and will take the necessary action toensure their suitability for continued employment during the transition period.The Special Representative will make arrangements. when appropriate, for UnitedNations personnel to accompany the police forces in the discharge of their duties.The police forces would be limited to the carrying of small arms in the normalperformance of their duties.10. The United Nations Special Representative will take steps to guarantee againstthe possibility of intimidation or interference with the electoral process fromwhatever quarter.11. Immediately after the certification of election results, the ConstituentAssembly will meet to draw up and adopt a Constitution for an independentNamibia. It will conclude its work as soon as possible so as to permit whateveradditional steps may be necessary prior to the installation of an independentGovernment of Namibia during 1978.12. Neighbouring countries will be requested to ensure to the best of their abilitiesthat the provisions of the transitional arrangements. and the outcome of theelection. will be respected. They will also be requested to afford the necessaryfacilities to the United Nations Special Representative and all United Nationspersonnel to carry out their assigned functions and to facilitate such measures asmay be desirable for ensuring tranquillity in the border areas.DAM: AI YkYREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

DCDD~flhfrfl 2vTJW AAAIRIA rQAAAIIAnrATAA' crATREPAGEF 7Annex to S/12636Timing SAG SWAPO UN OtheractionI. At date UNSC passes resolutionauthorizunspecified: ing SG to appoint UNSR andrequesting him to submit plan for UN involvement. SG appoints UNSR anddispatches UN contingency planning group to Namibia. SG begins consultationswith potential participants in UNTAG.2. As soon as SG reports back to UNSC. UNSCpossible, prefer- passes further resolution adoptingably within one plan for UN involvement. Proviweekof Security sion is made for financing.

Council action:General cessation of hostile acts comes under UN supervision. Restriction to baseof all South African forc- including ethnic forces.General cessation of hostile acts comes under UN supervision. Restriction to base.As soon as possible: UNSR and staff (UNTAG) arrive in Namibia to assumeduties. UN military personnel commence monitoring of cessation of hostile actsand commence monitoring of both South African and SWAPO troop restrictions.Begin infiltration prevention and border surveillance. Begin monitoring of policeforces. Begin monitoring of citizen forces, ethnic forces, and military personnelperforming civilian functions.UNSR makes necesary arrangements for co-ordination with neighbouringcountries concerning the provisions of the transitional arrangements.Release of political prisoners/detainees wherever held begins and is to becompleted as soon as possible.I Transitional period formally begins on date of UNSC passage of resolutionadopting SG's plan:PA I: 7

2 ~h f~ REPRAAIrIM iY TF AMRIBIA COMMMiIrA TIO CFATRF4. Within Restriction to base Restriction to basesix weeks: continues. Force levels continues.reduced to 12.000men.Restriction to base continues. Force levels reduced to 8.000 men.Restriction to base continues. Peaceful repatriation under UN supervision startsfor return through designated entry points.Appropriate action by UN High Commissioner for Refugees outside Namibia toassist in return of exiles. All UN activity continues.All UN activity continues.Establishment in Namibia of provisions to facilitate return of exiles.Establishment and publication of general rules for elections.Completion of repeal of discriminatory laws and restrictive legislation.Dismantlement of command structures of citizen forces. commandos and ethnicforces, including the withdrawal of all South African soldiers attached to theseunits. All arms, military equipment. and ammunition of citizen forces andcommandos confined to drill halls under UN supervision. AG to ensure that noneof these forces will drill or constitute an organized force during the transitionalperiod except under order of the AG with the concurrence of UNSR. AG withconcurrence of UNSR determines whether and under what circumstances thosemilitary personnel performing civilian functions will continue those functions.Completion of release of political prisoners/detainees wherever held.Force levels reduced to 1,500 men. restricted to Grootfontein or Oshivello orboth. All military installations along northern border would by now either bedeactivated or put under civilian control under UN supervision. Facilities whichdepend on them (e.g. hospitals, power stations) would be protected wherenecessary by the UN.

Restriction to base continues.All UN activity continues. Military section of UNTAG at maximum deployment.5. Within nine weeks:6. Within 12 weeks:

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 97. Start of thir- Official start ofelection campaignteenth week: of about fourmonths' duration.8. On date Election toConstituent Assembly.established by AG to satisfaction of UNSR:9. One week Completion of Closure of all bases.Convening of Constituentafter date of cer- withdrawal.Assembly.tification ofelection:10. At date Conclusion ofConstituentunspecified: Assembly andwhatever additionalsteps may be necessary prior to installation of new government.I. By 31 Independence.December 1978 atlatest:AG - Administrator-GeneralSAG - South African GovernmentSG - Secretary-General of the United NationsSWAPO = South West Africa People's Organization UN = United NationsUNSC - United Nations Security CouncilUNSR - United Nations Special Representative UNTAG , United NationsTransition Assistance Group

PAGE 10 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENamibia: Resolution 431United NationsSecurity Council Resolution 431(1978).of 27 July 19787he Securirv Council,Recalling its resolution 385(1976) of 30 January 1976,Taking note of the proposal for a settlement of the Namibian situation containedin document S/12636 of10 April 1978.

1. Requests the Secretary-General to appoint a Special Representative forNamibia in order to ensure theearly independence of Namibia through free elections under the supervision andcontrol of the United Nations:2. Further requests the Secretary-General to submit at the earliest possible date areport containing hisrecommendations for the implementation of the proposal in accordance withSecurity Council resolution 385(1976);3. Urges all concerned to exert their best efforts towards the achievement ofindependence by Namibia atthe earliest possible date.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAE1Full text of Security Council Resolution 432 (1978) of 27 July 19,78, adoptedunanimously:The Security Council,Recalling its resolutions 385 (1976) of 30 January 1976 and 431 (1978) of 27 July1978, Reaffirming in particular the provisions of resolution 385 (1976) relating tothe territorial integrity and unity of Namibia, Taking note of paragraph 7 ofGeneral Assembly resolution 32/9 D of 4 November 1977, in which the Assemblydeclares that Walvis Bay is an integral part of Namibia, 1. Declares that theterritorial integrity and unity of Namibia must be assured through thereintegration of Walvis Bay within its territory;2. Decides to lend its full support to the initiation of steps necessary to ensureearly reintegration of Walvis Bay into Namibia;3. Declares that, pending the attainment of this objective, South Africa must notuse Walvis Bay in any manner prejudicial to the independence of Namibia or theviability of its economy;.4. Decides to remain seized of the matter until Walvis Bay is fully reintegratedinto Namibia.PAGE 11

T 4-1 DDDnr%"rrr DV ir J AIA 1RAWIrnARAlAAIlfrATIAAI. rrAI.rPrmj t 551lJ~a IU rlI* tU-~lNamibia: S/12827Report of the Secretary-General (S/12827) Submitted pursuant to Paragraph 2 ofSecurity Council Resolution 431(1978) concerning the Situation in Namibia, 29August 1978IntroductionI. At its 2082nd meeting on 27 July 1978, the Security Council adopted resolution431(1978). By that resolution, the Council, recalling its resolution 385(1976) andtaking note of the proposal for a settlement of the Namibian situation contained indocument S/12636 of 10 April 1978. requested me to appoint a SpecialRepresentative tor Namibia in order to ensure the early independence of Namibia

through free elections under the supervision and control of the United Nations.The full text of resolution 431(1978) reads as follows:"7he Security Council,Recalling its resolution 385(1976) of 30 January 1976, Taking note of theproposal for a settlement of the Namibian situation contained in documentS/12636 of 10 April 1978.1. Requests the Secretary-General to appoint a Special Representative forNamibia in order to ensure the early independence of Namibia through freeelections under the supervision and control of the United Nations:2. Further requests the Secretary-General to submit at the earliest possible date areport containing his recommendations for the implementation of the proposal fora settlement of the Namibian situation in accordance with Security Councilresolution 385(1976);3. Urges all concerned to exert their best efforts towards the achievement ofindependence by Namibia at the earliest possible date."2. Immediately following the decision of the Council, I appointed Mr. MarttiAhtisaari, the United Nations Commissioner for Namibia, my SpecialRepresentative for the purposes of the resolution.3. Mindful of the Council's further request contained in paragraph 2, 1 requestedmy Special Representative to undertake, at the earliest possible date. a surveymission to Namibia for the purpose of gathering for me all the informationnecessary for the preparation of the present report. To assist him in this task. Iplaced at his disposal a team of United Nations officials and military advisers.4. This report, which is based on the survey of my Special Representative. issubmitted to the Security Council pursuant to paragraph 2 of resolution431(1978). in which the Council requested the Secretary-General " to submit atthe earliest possible date a report containing his recommendations for theimplementation of the proposal in accordance with Security Council resolution385(1976)'"1. The Survey Mission5. As stated above, my Special Representative. accompanied by a staff of UnitedNations officials and military advisers, visited Namibia from 6 to 22 August forthe purpose of carrying out a survey of all matters relative to the implementationof resolution 431(1978).6. In addition to meetings with the AdministratorGeneral of the Territory and hisstaff, as well as with the South African military and police commanders and localauthorities, the Special Representative had the opportunity to consult extensivelyrepresentatives of political parties. churches, the business community andindividuals. His consultations in this regard covered a wide spectrum of publicopinion within the Territory. In this connection, the Special Representative andhis staff, by travelling extensively within the Territory, were able to familiarizethemselves with Idcal conditions which would have relevance to the effectiveorganization and operation of a United Nations Transition Assistance Group(UNTAG) entrusted with the tasks set out in the proposal for a settlement of theNamibian situation contained in document S/12636.

7. In the course of his meetings and consultations, the Special Representative wasable to obtain the views of not only the Administrator-General and his staff butalso the representatives of the Namibian people on a broad range of importanttopics relating to the necessary conditions for the holding of free and fair electionsand to the role of the United Nations. Among the principal subjects discussedwere: the repeal of all the remaining discriminatory or restrictive laws, regulationsor administrative measures which might abridge or inhibit themniv.d Nation,B A '_ I 4")

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 13objective of free and fair elections: arrangements for ensuring the release ofpolitical prisoners and detainees, as ,,ell as the voluntary return of Namibians: thearrangements and dispositions required to ensure the cessation of all hostile acts:the electoral process: the composition and work of the Constituent Assembly: andthe timetable for the accomplishment of the above stages. The military aspects ofthe operation, with special reference to the introduction and functioning of themilitary component of UNTAG. were also fully discussed. In addition, the SpecialRepresentative also discussed with the Administrator-General the manner ofensuring the good conduct of the police and the arrangements necessary to assurethe free and unrestricted discharge by the United Nations staff of the tasksassigned to them.II. General Guidelines&The implementation of the proposal in paragraph 2 of resolution 431(1978) willrequire the establishment of a United Nations Transition Assistance Group in theTerritory, consisting of a civilian component and a military component. Becauseof the unique character of the operation and the need for close co-operationbetween them. both components will be under the over-all direction of the SpecialRepresentative of the SecretaryGeneral.9. The Special Representative will report to me. keeping me informed and makingsuch recommendations as he considers necessary with respect to the discharge ofhis responsibilities. The Secretary-General, in accordance with the mandateentrusted to him by the Security Council. will keep the Council fully informed ofdevelopments relating to the implementation of the proposal and to thefunctioning of UNTAG. All matters which might affect the nature or thecontinued effective functioning of UNTAG will be referred to the Council for itsdecision.10. The deployment of both components of UNTAG must take into account thespecific geographic. demographic. economic and social conditions prevailing inNamibia. These include, in particular, the vast distances and varied nature oftopography and vegetation; the broad ranges of climatic conditions: the scarcity ofwater; the population distribution and existing communication network, thedistribution and concentration of ethnic groups; and the lack of an adequateinfrastructure in the north, such as roads and other communications and facilities.

All these factors. when analysed, make it evident that sizeable resources. bothmilitary andcivilian, will be required to provide the close monitoring called for in documentS/12636. 11. In performing its functions. UNTAG will act with completeimpartiality. In order that the proposal may be effectively implemented, it isexpected that the Administrator-General and all other officials from within theTerritory will exhibit the same impartiality. 12. For UNTAG to carry out all itstasks effectively, three essential conditions must be met. First, it must at all timeshave the full support and backing of the Security Council. Secondly. it mustoperate with the full co-operation of all the parties concerned, particularly withregard to the comprehensive cessation of all hostile acts. Thirdly. it must be ableto operate as a combined United Nations operation. of which the militarycomponent will constitute an integrated, efficient formation within the widerframework of UNTAG. 13. To monitor the cessation of hostilities effectively, tomaintain surveillance of the Territory's vast borders and to monitor the restrictionto base of the armed forces of the parties concerned, the co-operation and supportof the neighbouring countries will be necessary. Such cooperation will be mostimportant, particularly during the early stages.14. Implementation of the proposal. and thus the work of UNTAG, will have toproceed in successive stages. These stages, which are detailed in the annex todocument S/12636, can be grouped as follows:a. Cessation of all hostile acts by all parties and the withdrawal, restriction ordemobilization of the various armed forces;b. Conduct of free and fair elections to the Constituent Assembly. for which thepre-conditions include the repeal of discriminatory or restrictive laws, regulationsor administrative measures, the release of political prisoners and detainees andvoluntary return of exiles. the establishment of effective monitoring by the UnitedNations and an adequate period for electoral campaigning;c. The formulation and adoption of a Constitution for Namibia by the ConstituentAssembly;d. The entry into force of the Constitution and the consequent achievement ofindependence of Namibia. 15. The length of time required for these stages isdirectly related to the complexity of the tasks to be performed and to theoverriding consideration that certain steps are necessary before it can be said thatelections have been held under free and fair conditions. It will be recalled that theproposal envisaged a series of successive stages. spaced so as to provide asufficient lapse

OrnoD,,nhl-rr. r LJC AIA RAIIA f'r1AAAIIAII'AlrAIC rrATIrPAGE E nIr'.I.,jL CIJ 0 I If' IVflIVIIQIl IJIVIIVItIVEI.iIII. -',111Uof time before the holding of the elections. This should permit. among otherthings, the release of political prisoners and detainees, the return and registrationof all Namibians outside the Territory who may wish to participate in the electoralprocess, the deployment of United Nations military and civilian personnel andelectoral campaigning by all parties in an atmosphere of tranquillity. The

timetable set out in the proposal called for the lapse of approximately sevenmonths from the date of the approval of the present report by the Security Councilto the holding of the elections. 16. In his discussions with the SpecialRepresentative, the Administrator-General said that the South African authorities,having previously established 31 December 1978 as the date of independence, feltthat they were committed thereto and that. consequently. the elections should takeplace as scheduled, regardless of the fact that it would necessitate substantiallyreducing the timetable necessary for completion of the preparatory plans. Amajority of the political parties was of the opinion, however, that it was essentialto maintain the orderly phasing of the preparatory stages and to allow sufficienttime for electoral campaigning in order to ensure free and fair elections. Further.it was pointed out that the actual date of independence would fall within thecompetence of the Constituent Assembly. 17. It will be recalled however that. atthe time the proposal was first formulated, the date of 31 December 1978 wasconsistent with completion of these steps. The delay in reaching agreement amongthe parties now makes completion by this date impossible. It is thereforerecommended that the transitional period should begin on the date of approval ofthe present report by the Security Council and proceed in accordance with thesteps outlined in document S/12636. Using the same timetable that earlierprovided the 31 December 1978 date, an appropriate date for elections would beapproximately seven months from the date of the approval of the present report.18. Estimates of the periods of time required for completion of stages a and b ofparagraph 14 above are included in the annex to document S/12636. In view ofthe fact that the periods required for stages c and d would he determined by theConstituent Assembly, it is expected that the duration of UNTAG would be oneyear, depending on the date of independence to be decided by the ConstituentAssembly.19. UNTAG will have to enjoy the freedom of movement and communication andother facilities that are necessary for the performance of its tasks. For this purposeUNTAGand its personnel must necessarily have all the relevant privileges and immunitiesprovided for by the Convention on the Privileges and Immunities of the UnitedNations, as well as those especially required for the proposed operation.20. The military component of UNTAG will not use force except in self-defence.Self-defence will include resistance to attempts to prevent it from discharging itsduties under the mandate of the Security Council. UNTAG will proceed on theassumption that all the parties concerned will co-operate with it and take all thenecessary steps for compliance with the decisions of the Council.III. Establishment of UNTAGA. Military Component21. The functions which will be performed by the military component of UNTAGare set out in paragraph 8 and in the annex of document S/12636. These include,in particular:a. Monitoring the cessation of hostile acts by all parties. the restriction of SouthAfrican and SWAPO armed forces to base, the phased withdrawal of all except

the specified number of South African forces and the restriction of the remainderto specified locations:b. Prevention of infiltration as well as surveillance of the borders of the Territory;c. Monitoring the demobilization of citizen forces. commandos and ethnic forces,and the dismantling of their command structure.22. The military component will assist and support the civilian component ofUNTAG in the discharge of its tasks.23. The military component of UNTAG will be under the command of the UnitedNations, vested in the Secretary-General. under the authority of the SecurityCouncil. The command in the field will be exercised by a Commander appointedby the Secretary-General with the consent of the Council. The Commander willreport through the Special Representative to the SecretaryGeneral on all mattersconcerning the functioning of the military component of UNTAG. 24. Themilitary component will comprise a number of contingents to be provided byMember States upon the request of the Secretary-General. The contingents will beselected in consultation with the Security Council and with the parties concerned,bearing in mind the accepted principle of equitable geographical representation.In ad-I A J"l 4 A

DrDDAAIJ'rQRV TJUJ: AM1 ARrIA flRRAIlCATIA1C~r'TDrPAGE 15dition. a body .of selected officers to act as monitors will form an integral part ofthe military component. 25. The military component, including the monitors, willbe provided with weapons of a defensive character, consistent with the guidelinesset out in paragraph 20 above.26. In order that the military component may fulfil its responsibilities, it isconsidered that it should have a strength of the order of seven infantry battalions,totalling approximately 5,000, plus 200 monitors, and. in addition, command,communications, engineer, logistic and air support elements totallingapproximately 2.300. The infantry battalions should be fully self-sufficient. 27. Itwill be essential to establish an adequate logistic and command system at the veryoutset of the operation. It will therefore be necessary to obtain urgently fromGovernments the elements of such a system. In this connection, it may well benecessary to use also the services of civilian contractors for some logisticfunctions, as appropriate. In the nature of the physical circumstances pertaining tothis operation, UNTAG may have to rely to a considerable extent on existingmilitary facilities and installations in Namibia.B. Civilian Component2&The civilian component will consist of two elements. One of these elementswill be the civil police, whose function will be to assist the Special Representativein implementing the tasks set out in paragraphs 9 and 10 of document S/12636.29. The duties of the civil police element of UNTAG will include taking measuresagainst any intimidation or interference with the electoral process from whateverquarter, accompanying the existing police forces, when appropriate, in thedischarge of their duties and assisting in the realization of the function to be

discharged by the Administrator-General to the satisfaction of the SpecialRepresentative of ensuring the good conduct of the existing police forces.30. In order that the UNTAG police may fulfil their responsibilities, as describedabove, it is considered, as a preliminary estimate, that approximately 360experienced police officers will be required. It is hoped that police officers will bemade available by Governments on a secondment basis, bearing in mind theaccepted principle of equitable geographical representation as well as thelanguage and other requirements of the assignment. 31. The non-police element ofthe civilian component of UNTAG will have the function of assisting the SpecialRepresentative in implementing paragraphs 5 to 7 ofdocument S/12636 and the relevant sections of the annex thereto. These tasks willconsist, in particular. of the following:a. Supervising and controlling all aspects of the electoral process. considering thefairness and appropriateness of the electoral procedures. monitoring the ballotingand the counting of votes, in order to ensure that all procedures will be strictlycomplied with, and receiving and investigating complaints of fraud or challengesrelating to the electoral process: b. Advising the Special Representative as to therepeal of discriminatory or restrictive laws, regulations or administrative measureswhich may abridge or inhibit the objective of free and fair elections: c. Ensuringthe absence of or investigating complaints of intimidation, coercion or restrictionson freedom of speech, movement or peaceful political assembly which mayimpede the objective of free and fair elections;d. Assisting in the arrangements for the release of all Namibian political prisonersor detainees and for the peaceful, voluntary return of Namibian refugees orNamibians detained or otherwise outside the Territory; e. Assisting in anyarrangements which may be proposed by the Special Representative to theAdministrator-General and implemented by the Administrator-General to theSpecial Representative's satisfaction intended to inform and instruct the electorateas to the significance of the election and the procedures for voting.32. Bearing in mind the vast size of the Territory, the dispersal of the populationand the lack of adequate communications, it is considered, as a preliminaryestimate, that approximately 300 Professional officers, as well as the necessarysupporting staff, will be required initially until the cessation of hostile acts hasbeen achieved. Thereafter about 1,000 Professional and 200 Field Service andGeneral Service staff will be required during the electoral campaign and theperiod of balloting in order to cover all the polling stations. The staff will, amongother duties, be required for 24 regional centres and more than 400 pollingstations. 33. It is anticipated that some of these officials will be provided fromamong existing United Nations staff and that some will be persons appointedspecially for this operation. In addition, it is my hope that a significant number ofofficials can be seconded or loaned by Governments. All such seconded or loanedpersonnel will be required to assume the responsibilities incumbent on UnitedNations officials.

DAr-C 1C.~PAA D ICQDr1 P V rJ-w 'Al A COMRA "RA TIONSCENITRE

34. It is also my intention to conduct consultations concerning the designation of ajurist of international standing whose appointment as legal'adviser to the SpecialRepresentative is provided for in paragraph 7b of document S/12636.IV. Proposed Plan of Action 35. Subject to the approval of the present report bythe Security Council, it is my intention to initiate the operation as quickly aspossible.36. It is my intention to appoint Major-General Hannes Philipp Commander of themilitary component of UNTAG; he has extensive experience of United Nationspeace-keeping operations and is already familiar with the situation in Namibia.37. Immediately following such a decision by the Security Council. the SpecialRepresentative, accompanied by the Commander of the military component, thekey elements of their staffs and the essential command and logistic elements, willproceed to Namibia in order to establish the headquarters of UNTAG and beginoperations as quickly as possible. 3X A number of Governments have alreadyexpressed their interest in providing military contingents for UNTAG.Immediately upon the approval of the present report by the Security Council, it ismy intention to consult the Council and the parties concerned on the compositionof the military component, bearing in mind the principle of equitable geographicalrepresentation, on the one hand, and the necessity of obtaining self-sufficientunits, on the other. Every effort will be made to begin the deployment of themilitary component within three weeks and to bring it to its full strength within 12weeks. For this to be achieved, it will be necessary to determine the compositionof the military component at the earliest possible time.39. It is also my intention to approach Goernments to provide military personnelto serve as nionitors. In the initial stages. given the urgency of deploying at leastsome of the monitors, it may be possible to dras upon officers already servingwith other existing United Nations operations. This may also apply to ke) staffpositions.40. As regards civilian personnel, it is likewise my intention, as stated inparagraphs 30 and 33 above, to approach Governments to make available onsecondment or loan experienced police officers to serve as police monitors andother experienced officials to serve in the civilian component of UNTAG. Inrecruiting civilian staff for UNTAG, I shall bear in mind both the acceptedprinciple of equitable geographical representation and the urgent need to deploy alarge number of experienced staff within the shortest possible time.V. Financial Implications 41. At present there are too many unknown factors topermit an accurate assessment of the cost of UNTAG. Based on the numbers ofpersonnel specified in this report and the envisaged duration of 12 months, andtaking into account the magnitudes and elements of the financial requirementsexperienced in other peacekeeping operations, the indications are that thefinancial requirements for UNTAG could be as high as S300 million. of whichapproximately $33 million will be required to finance the return of refugees andexiles. In view of the nature of the operation, due regard should be given to thefact that some elements of the operation may be phased out before the end of themandate and that alternative arrangements may be possible which could result inlower costs.

42. The costs of UNTAG shall be considered expenses of the Organization to beborne by the Member States in accordance with Article 17. paragraph 2, of theCharter.

DrOPAAI(nAr~ Y TUHENA AIRIA CO ARAAIAIA TIA fr TRPPAGE 17Namibia: S/12869United NationsExplanatory Statement by the Secretary-General (S/12869) regarding his ReportSubmitted pursuant to Paragraph 2 of Security Council Resolution 431(1978)concerning the Situation in Namibia (S/12827), 29 September 1978It is now one month since I submitted to the Security Council my report (S/12827)on the implementation of the proposal of the Five. During that time, exhaustivestudies of my report have been undertaken by the parties concerned and I and mystaff have conducted intensive consultations with them. These have revealed anumber of concerns regarding which I believe it would be useful if I gave anexplanation of the way in which the Special Representative would carry out hismandate. My recommendations are based on the tasks which the proposalcontained in document S/12636 of 10 April 1978 explicitly mandated the UnitedNations Transition Assistance Group (UNTAG) to perform. Were we to followany other course, these tasks could not be credibly performed.Concern has been expressed by some members of the Security Council over thecost of this exercise. I recognize that this is a particularly heavy burden forMembers to bear and of course I shall try to ensure that the mandate will becarried out in the most economical manner possible. All Members will recognize,however, that the most important consideration is the ability of UNTAGsuccessfully to carry out the tasks assigned to it in the proposal. In the absence ofa credible United Nations presence, incidents might take place, intentionally orotherwise, that might lead to a resumption of hostilities. Clearly this would vitiatethe whole purpose of UNTAG, which is to ensure that elections will take placefreely and fairly in conditions of peace.I should also like to make some observations about the buildup of the militarycomponent of UNTAG. When my Special Representative, accompanied byadvisers, visited Namibia, his military adviser, Major-General Philipp, was givenaccess to the military installations in the country, and he was able to hold detaileddiscussions with the South African military on the local conditions in relation tothe tasks which the UNTAG -nilitary component will have to take up in order tofulfil the mandate. The part of my report on this subject is, of course, an estimate.It is an estimate based upon reliable professional judgement and experience in thelight of the tasksto be performed and of previous United Nations experience as well as the rulesand regulations governing the deployment of United Nations personnel. Themilitary component of UNTAG will be built up gradually and will be introduced,for practical as well as other reasons, by stages. The figure of 7,500 men-whichincludes 2,300 for logistics-would be the authorized upper limit of the militarycomponent, and it is obvious that its actual size at any given time will depend

upon the development of the general situation, which I shall keep under constantreview, undertaking such consultations as may be necessary. Such factors as thecooperation extended by the parties, the maintenance of cease-fire and thesecurity situation will obviously be very important in this regard. I am alsostudying means by which at least some of the logistic functions of the militarycomponent can be carried out by civilian agencies.I should also like to make some observations about the procedure by which suchUnited Nations military components are constituted. Although I and my staff haveobviously made very informal and preliminary moves to prepare for the taskwhich may be assigned to us by the Security Council, I wish to stress here that nocommitments concerning military contingents have been made. Nor could suchcommitments be made in view of the statement in my report to the Council that"the contingents will be selected in consultation with the Security Council andwith the parties concerned, bearing in mind the accepted principle of equitablegeographical representation'" I wish to emphasize here that in the past this processof consultation has been successfully undertaken, thereby ensuring the co-operation of all parties, without which such an enterprise cannot be successful.The objective of the United Nations under Security Council resolution 431(1978)is the supervision and control of the entire electoral process. My SpecialRepresentative has also to satisfy himself that conditions are established whichwill allow free and fair elections and an impartial electoral process.PAd.r: 17

DrnDer Ir D V "LIC AIA AIA enAA "AlAf A"11TAIC fCAITOCPAGE I r z. Of I AIC IlSlVI ll tiJiVlIVI.JIVft..-lU ISIBut before the electoral process can begin, it is necessary that conditions shouldbe such that they will facilitate it. According to the proposal set out in documentS/12636, a general cessation of hostile acts will take place immediately after theSecurity Council has passed a resolution approving my report. In this connection.I note that the South West Africa People's Organization and South Africa haveeach indicated their willingness to observe a cease-fire provided the other does thesame. As I have stated in my report, and as is clearly envisaged in paragraphs 4and 12 of the proposal, the co-operation of all concerned Is essential to thesuccess of UNTAG. I welcome the assurances I have received from theneighbouring States, and I intend to instruct my Special Representative, as soon asmy report is adopted, to explore with them practical ways to facilitate his task.In paragraphs 29 and 30 of my report I intended to indicate how the SpecialRepresentative would fulfil his responsibilities concerning the existing police.According to document S/12636, primary responsibility for maintaining law andorder in Namibia during the transition period shall rest with the existing police.However, the Special Representative is also given explicit responsibilities:a. To satisfy himself that the Administrator-General ensures the good conduct ofthe police force;b. To satisfy himself that the Administrator-General takes the necessary action toensure the suitability of the police for continued employment during the transitionperiod;

c. To make arrangements when appropriate forUnited Nations personnel to accompany the police forces in the discharge of theirduties.It was therefore necessary to have designated personnel at the disposal of theSpecial Representative to ensure that these monitoring responsibilities would besatisfactorily performed. Moreover, I concluded that, for reasons of safety andeffectiveness, these tasks would best be performed by civilian personnel whowere professionally qualified. Concern has also been expressed as to whether thenumber of United Nations personnel to monitor the police is appropriate to thetasks they are expected to perform. I shall of course keep this question undercontinuous review.A number of considerations have been raised regarding the timing of electionsand the date of independence for Namibia. As indicated in my report, a majorityof the political parties is of the opinion that it is essential to maintain the orderlyphases of the preparatory stages and to allow sufficient time for electoralcampaigning in order to ensure free and fair elections. Surely, the objective is notsimply the holding of elections by a certain date. but the holding of electionswhich are manifestly free and fair.It is essential that all aspects of the electoral process should be beyond reproachand, equally important, that this should be apparent. Various parties haveexpressed concern over the process of registration for elections, and a number ofcomplaints about the existing registration have been brought to my notice. Theproposal makes clear that at each stage of the entire electoral process the SpecialRepresentative must satisfy himself as to the fairness and appropriateness of allmeasures affecting the political process at all levels of administration before suchmeasures take effect.Clearly, therefore, the Special Representative, on arrival in the Territory, will lookafresh at all the processes and measures, including the registration of voters, inorder to satisfy himself that these are fair and appropriate. Accordingly, theSpecial Representative will review the registration process, and I can assure allparties that no registration process will receive his approval until he is fullysatisfied as to its fairness. In accordance with paragraph 10 of document S/12636.the Special Representative will take steps to guarantee against the possibility ofintimidation or interference with the electoral process from whatever quarter.In conclusion, I should like to emphasize once again that the implementation ofmy report will depend on the co-operation and understanding of all the partiesconcerned, and of course of all members of the Security Council. In thisconnection, I am glad to note that the five Western Governments have given mefull assurances of their continued good offices to facilitate the implementation ofthe report. To this end, my Special Representative will also conduct such furtherconsultations as are deemed necessary. I also trust that the clarifications which Ihave just given will serve to meet the concerns of all the parties.

REPRODUCED BY THE NAMIBIA COMMUNICATION5 CENTREPAGE 19Namibia: Resolution 435

L'.nited NationsSecurity Council Resolution 435(1978) of 29 Sepember 19787he Security Council,Recalling its resolutions 385(1976) of 30 January 1976 and 431(1978) and432(1978) of 27 July 1978,Having considered the report submitted by the Secretary-General pursuant toparagraph 2 of resolution 431(1978) (S/12827) and his explanatory statementmade in the Security Council on 29 September 1978 (S/12869).Taking note of the relevant communications from the Government of SouthAfrica addressed to the Secretary-General,Taking note also of the letter dated 8 September 1978 from the President of theSouth West Africa People's Organization (SWAPO) addressed to the Secretary-General (S/12841),Reaffirming the legal responsibility of the United Nations over Namibia,1. Approves the report of the Secretary-General (S/12827) for the implementationof the proposal for a settlement of the Namibian situation (S/12636) and hisexplanatory statement (S/12869);2. Reiterates that its objective is the withdrawal of South Africa's illegaladministration of Namibia and the transfer of power to the people of Namibiawith the assistance of the United Nations in accordance with resolution385(1976);3. Decides to establish under its authority a United Nations Transition AssistanceGroup (UNTAG) in accordance with the above-mentioned report of the Secretary-General for a period of up to 12 months in order to assist his SpecialRepresentative to carry out the mandate conferred upon him by paragraph I ofSecurity Council resolution 431(1978), namely, to ensure the early independenceof Namibia through free and fair elections under the supervision and control ofthe United Nations;4. Welcomes SWAPO's preparedness to co-operate in the implementation of theSecretary-General's report, including its expressed readiness to sign and observethe cease-fire provisions as manifested in the letter from the President of SWAPOdated 8 September 1978 (S/12841);5. Calls on South Africa forthwith to co-operate with the Secretary-General in theimplementation of this resolution;6. Declares that all unilateral measures taken by the illegal administration inNamibia in relation to the electoral process, including unilateral registration ofvoters, or transfer of power, in contravention of Security Council resolutions385(1976), 431(1978) and this resolution, are null and void;7. Requests the Secretary-General to report to the Security Council no later than23 October 1978 on the implementation of this resolution.REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 19

PAGE 20 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREUNITED NATIONS

Distr.S E C U R I T YGERAS/RES/4 39 (1978)C 0 U N C I L 13 November 1978RESOLUTION 439 (1978)Adopted by the Security Council at its 2098th meeting, on 13 November 1978The Security Council,Recalling its resolutions 385 (1976), 431 (1978), 432 (1978) and 435 (1978),Having considered the report submitted by the Secretary-General pursuant toparagraph 7 of resolution 435 (1978) (S/12903),Taking note of the relevant communications addressed to the Secretary-Generaland the President of the Security Council (S/12900 and S/12902),Having heard and considered the statement by the President of the United NationsCouncil for Namibia,Taking note also of the communication dated 23 October 1978 from thePresident of the South West Africa People's Organization (SWAPO) addressed tothe Secretary-General (S/12913),Reaffirming the legal responsibility of the United Nations over Namibia and itscontinued commitment to the implementation of Security Council resolution 385(1976), in particular, the holding of free elections in Namibia under UnitedNations supervision and control,Reiterating the view that any unilateral measure taken by the illegaladministration in Namibia in relation to the electoral process, including unilateralregistration of voters or transfer of power, in contravention of the above-mentioned resolutions of the Security Council and this resolution is null and void,Gravely concerned at the decision of the Government of South Africa toproceed with unilateral elections in Namibia in clear contravention of SecurityCouncil resolutions 385 (1976) and 435 (1978),1. Condemns the decision of the South African Government to proceedunilaterally with the holding of elections in the Territory from4 to 8 December 1978 in contravention of Security Council resolutions 385(1976) and 435 (1978);...78-25494

DIDDL, h l nWVffl V r .J AA RIDA AI AAII r~lIAr#,r I.-rAI rI D r E CS/RESlA39 (1978)Page 22. Considers that this decision constitutes a clear defiance of the United Nationsand, in particular, the authority of the Security Council;3. Declares those elections and their results null and void and that no recognitionwill be accorded either by the United Nations or any Member States to anyrepresentatives or organ established by that process;4. Calls upon South Africa immediately to cancel the elections it has planned inNamibia in December 1978;

5. Demands once again that South Africa co-operate with the Security Counciland the Secretary-General in the implementation of its resolutions 385 (1976),431 (1978) and 435 (1978);6. Warns South Africa that its failure to do so would compel the SecurityCouncil to meet forthwith to initiate appropriate actions under the Charter of theUnited Nations, including Chapter VII thereof, so as to ensure South Africa'scompliance with the aforementioned resolutions;7. Calls on the Secretary-General to report on the progress of the implementationof this resolution by 25 November 1978.DAt'=L" 91

D~t~V~REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRENamibia: S/15287United NationsLetter (S!15287) dated 12 July 1982 from the Representatives of Canada, France,the Federal Republic of Germany, the United Kingdom of Great Britain andNorthern Ireland and the United States of America to the Secretary-GeneralOn instructions from our Governments we have the honour to transmit to you thetext of Principles concerning the Constituent Assembly and the Constitution foran independent Namibia put forward by our Governments to the parties concernedin the negotiations for the implementation of the proposal for a settlement of theNamibian situation (S/12636) in accordance with Security Council resolution435(1978).We have pleasure in informing you that all parties to the negotiation now acceptthese Principles. Our Governments believe that a decision on the method to beemployed to elect the Constituent Assembly should be made in accordance withthe provision of Council resolution 435(1978). All parties are agreed that thisissue must be settled in accordance with the terms of resolution 435(1978) andthat the issue must not cause delay in the implementation of that resolution. In thisregard, our Governments are in consultation with all parties...AnnexPrinciples concerning the Constituent Assembly and the Constitution for anIndependent NamibiaA, Constituent Assembly1. In accordance with United Nations Security Council resolution 435(1978),elections will be held to select a Constituent Assembly which will adopt aConstitution for an independent Namibia. The Constitution will determine theorganization and powers of all levels of government.w Every adult Namibian will be eligible, without discrimination or fear ofintimidation from any source, to vote, campaign and stand for election to theConstituent Assembly.m Voting will be by secret ballot, with provisions made for those who cannot reador write.* The date for the beginning of the electoral campaign, the date of elections, theelectoral system, the preparation of voters rolls and other aspects of electoralprocedures will be promptly decided upon so as to give all political parties and

interested persons, without regard to their political views, a full and fairopportunity to organize and participate in the electoral process. m Full freedom ofspeech, assembly, movement and press shall be guaranteed.a The electoral system will seek to ensure fair representation in the ConstituentAssembly to different political parties which gain substantial support in theelections. 2. The Constituent Assembly will formulate the Constitution for anindependent Namibia in accordance with the principles in part B below and willadopt the Constitution as a whole by a two-thirds majority of its totalmembership.B. Principles for a Constitution for anIndependent Namibia1. Namibia will be a unitary, sovereign and democratic State.2. The Constitution will be the supreme law of the State. It may be amended onlyby a designated process involving the legislature or votes cast in a popularreferendum, or both.3. The Constitution will determine the organization and powers of all levels ofgovernment. It will provide for a system of government with three branches: anelected executive branch which will be responsible to the legislative branch; alegislative branch to be elected by universal and equal suffrage which will beresponsible for the passage of all laws; and an independent judicial branch whichwill be responsible for the interpretationDArC'Y3

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAE2of the Constitution and for ensuring its supremacy and the authority of the law.The executive and legislative branches will be constituted by periodic andgenuine elections which will be held by secret vote.4. The electoral system will be consistent with the principles in A.1 above.5. There will be a declaration of fundamental rights, which will include the rightsto life, personal liberty and freedom of movement; to freedom of conscience; tofreedom of expression, including freedom of speech and a free press; to freedomof assembly and association, including political parties and trade unions; to dueprocess and equality before the law; to protection from arbitrary deprivation ofprivate property or deprivation of private property without just compensation; andto freedom from racial, ethnic, religious or sexual discrimination.The declaration of rights will be consistent with the provisions of the UniversalDeclaration of Human Rights. Aggrieved individuals will be entitled to have thecourts adjudicate and enforce these rights.6. It will be forbidden to create criminal offences with retrospective effect or toprovide for increased penalties with retrospective effect.7. Provision will be made for the balanced structuring of the public service, thepolice service and the defence services and for equal access by all to recruitmentof these services. The fair administration of personnel policy in relation to theseservices will be assured by appropriate independent bodies. & Provision will bemade for the establishment of elected councils for local or regionaladministration, or both.

PAGE 23

PAGE 24 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENOTE: On 24 September 1982 it was confirmed to the United Nations SecretaryGeneral that the following 'informal understanding', or 'impartiality package', hadbeen agreed by South Africa, the Western Contact Group,SWAPO, the African Front Line States and Nigeria. The document wasnever made public.JUA: INFOPML CHECK LISTUpon resolution of the outstanding issues, in part through info=malunderstandings between the Five and the parties and in part through.agreementbetween the parties and the UN Secretariat, it is proposed that the Five shouldaddress a letter to the president of the Security Council recording in outline theagreements reached. Thereafter it is foreseen that the Secretary General wouldmake a report to the Security Council recommending implementation of SCR 435on the above basis. It is hoped that the Security Council would then adopt a briefresolution endorsing the agreements reached on Phase I and II, reaffirming theneed FoL impartiality in the transition, and triggering implementation of SCR435.( continued over .......PAGE 24REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

DCD~~~~f~~flhI~~~~~rfl~ AV r-C rl I4D1 rA~ltfAl'A~rA,-r~I. The elections will be under the supervision and contro1 ,L - t.he and the UNSpecial Representative (UNSR) must be satisfied at each stage of that process asto the fairness and apprcprihtdness of all measures affecting the political processat all levels of. administration before such measures take effect. ACTION:Agreed, and approved by SCR 435.2. Full freedom of speech, assembly, movement and press shall be guaranteed.ACTION: Agreed, and approved by SCR 435.3. All legislation - including proclamations by the AdministratorGeneral (AG) -that are inconsistent with the plan must be repealed. All discriminatory orrestrictive laws, regulations or administrative measures which might abridge orinhibit free and faii elections must be repealed.ACTION: Agreed, and approved, by SCR 435.4. The AG must make arrangements for the release, prior to the beginning of theelectoral campaign, of all Namibian political prisoners or political detainees heldby the South African authorities.ACTION: Agreed, and approved by SCR 435. S. All Namibians in exile shallhave the right of peaceful return so that they can participate fully and freely in theelections without risk of arrest. detention, intimidation or imprisonment.ACTIONs Agreed, and approved by SCR 435.DpDDI%rn yrut Am I' AgInIA l''rn"itllAIIrArjnIAIc rr£AIrDr

-73PAGE 26 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE6. The UN has made provisions to finance the return of thasedetainees and those in exile ($33 million in original UN budgetestimate).ACTION: Agreed, and approved by SCR 435.7. Council of Ministers and National Assembly: UN 5CR 435declares that all unilateral measures taken by the illegaladministration in Namibia in relation to the transfer of power are null and void.The December 1978 elections held in Namibia are null and void. No recognitionhas been accorded either bythe UN or any member state (other than South Africa) to anyrepresentatives or organs established by that process. Accordingly,only- the Administrator General and UNSR will exercise authority during thetransition period within Namibia consistent with the.settlement plan and. will do so impartially..ACTION: Endorsed by SCR 4357; confirmed with South Africa.8. Impartiality provisions to be covered by final SecurityCouncil enabling resolution: the resolution should' emphasize.responsibility of all concerned to cooperate to ensure impartial implementation ofthe settlement plan. The Secretary General and UN bodies should be directed toact impartially according to the settlement plan and the Secretary General shouldbe directed to:(a) initiate a review of all programes administered byorgans of the UN with respect to Namibia to ensurethat they are administered on an impartial basis;

REPRODUCED BY THE NAMIBIA COMMUNICATIONS C~AJTREPAGE 27(b) Seek the cooperation of the executive heads a! thespecialized agencies and other organizations and bodies within the UN system toensure that their activities with respect to Namibia are conductedimpartially.ACTION: Final impartiality language, cleared with the parties to the negotiation,is contained in the draft letter of the Five to the President of the Security Counciland in the relevant draft paragraphs of the Secretary General's report. Paragraph 3of the draft letter of the Five also provides the language to be used in the SecurityCouncil resolution.9. At the :Security Council meeting to authorize implementatibn of SCR 435,speakers should be kept-to a minimum. Specifically, none of the parties to theelection or to the ceasefire woul. speak.ACTION: Agreed; all concerned will make their best efforts to ensure this.10. Consideration of the question of Namibia at the regular General Assemblyshould be suspended during the transition period. ACTION: Agreement has been

reached between the Five and the Fran Line States that all concerned will use theirbest endeavors to ensure this.REPRODIUCED BY T14F NAMIBIA COMMUNICATIONS rFNTRFPAGE 27

PAGE 28 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE11. The UN will not provide funds for SWAPO or any otherparty during the transition period.ACTION: An informal understanding has been reached between theFive, the Front Line States and SWAPO and will be conveyed tothe Secretariat,12. The UN Council for Namibia should refrain from engagingin all public activites once the Security Council meets toauthorize implementation.ACTION: An informal understanding has been reached between thefive, the Front Line States and SWAPO on how this might be achieved13. The Comnissioner for Namibia and his Office should suspendall political activities during the transition period.ACTION: An informal understanding has been reached between theFive and the Front Line State.s on how the Office of the Comissionercould- d* this while continuing its role in the administrationof programmes of assistance in an impartial and fair manner.14. SWAPO will voluntarily forego the exercise of the specialprivileges granted to it by the General Assembly, includingparticipation as an official observer in the General Assemblyand in other bodies and conferences within the UN system.ACTION: Agreed.

DCDDnnlhr~r1RV TU4CJJAAR~flI CrAUIIPJ~ATIAAI'rrAJITDCPAGE29~IS. Monitoring Lhe SWA Police Force: the UN Plan prcvida. that the primaryresponsibility for maintaining law and order in Namibia during the transitionperiod shall rest with the existing police forces. The AG to the satisfaction of theLnSR shall insire the good conduct cf the police forces and shill take thenecessary action to ensure their suitability for continued employment during thetransition period. The UNSR shall make arrangements when appropriate for UNpersonnel to accompany the police forces in the discharge of their duties. Thepolice forces would belimited to the carrying of small arms in the normal performance of their duties.The UN Plan also provides that the UNSR will take steps to guarantee against thepossibility of intimidation or interference with the electoral process fromwhatever quarter. The Secretary General has provided that designated personnelwill be at the disposal of the UNSR" to ensure that these monitoringresponsibilities will be satisfactorily performed. Fcr reasons of safety andeffectiveness, these tasks will be performed by civilian personnel who are

professionally qualified. The number of UN personnel to monitor the policeappropriate to the tasks they are expected to perform will be kept undercontinubus review.ACTION: Agreed and approved by SCR 435. 16. South West AfricTerritorialForce: The UN Plan specifies that the UNTAG military component will monitor"the demobilization of citizen forces, commandos, and ethnic forces, and thedismantlimS of their command structure." UNTAG will monitor thedemobilization of SWATF and the dismantling of its command structure.DA q

77PAGE 30 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE17. Composition of the UNTAG military component will bedecided by the Security Council on the recommendaticn of theSecretary General after due consultation. Final arrangementsfor the military component of UNTAG including monitoring ofSWAPO facillties in Angola and Zambia will be decided by theSecretary General, after due consultation.ACTION: Secretary General.

Distr.UNITED NATIONS GENERALS/15776S E CU R T Y19 may 1983C 0 U N C I L ORIGINAL: ENGLISHFURTHER REPORT OF THE SECRETARY-GENERAL CONCERNING THEIMPLDIENTATION OF SECURITY COUNCIL RESOLUTIONS 435 (1978)AND 439 (1978) CONCERNING THE QJESTION OF NAMIBIA1. This report is intended to provide the Security Council with a summary ofdAevelopments since 1981 concerning the question of the implementation of itsresolutions 435 (1978) and 439 (1978) on the problem of Namibia. The reportcovers the period from the conclusion of the pre-implementation meeting held inGeneva in January 1981, which was the subject of the Secretary-General's reportof 19 January 1981 (S/14333).7. During the second half of July, negotiations were resumed in New York witha view to finalizing arrangements for the implementation of Security Councilresolution 435 (1978) in 1982. 1 met with the representatives of the Front-LineStates, Nigeria and SWPO, the Western Contact Group, as well as with SouthAfrica,to discuss further details of the role of the United Nations and UNTAG in theimplementation of Security Council resolution 435 (1978) . During thesediscussions, substantial progress was made on outstanding issues, including thecomposition and deployment of the military component of UNTAG. It was alsoagreed that UNTAG, with the co-operation of host Governments and in the

context of implementation of Security Council resolution 435 (1978), wouldmonitor SWAPO bases in Angola and Zambia.*For the full text of s/15776, see Section Two below.REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 31

UNITED NATIONS Distr.GENERAL31 May 1983C 0 U N C I LRESOLUTION 532 (1983)Adopted by the Security Council at its 2449th meeting, on 31 May 1983The Security Council,Having considered the report of the Secretary-General (S/15776),Recalling General Assembly resolutions 1514 (XV) of 14 December 1960 and2145 (XXI) of 27 October 1966,Recalling and reaffirming its resolutions 301 (1971), 385 (1976), 431 (1978), 432(1978), 435 (1978) and 439 (1978),Reaffirming the legal responsibility of the United Nations over Namibia and theprimary responsibility of the Security Council for ensuring the implementation ofits resolutions 385 (1976) and 435 (1978), including the holding of free and fairelections in Namibia under the supervision and control of the United Nations,Taking note of the results of the International Conference in Support of theStruggle of the Namibian People for Independence, held at UNESCO House inParis from 25 to 29 April 1983,Taking note of the protracted and exhaustive consultations which have takenplace since the adoption of resolution 435 (1978),Further noting with regret that those consultations have not yet brought aboutthe implementation of resolution 435 (1978),1. Condemns South Africa's continued illegal occupation of Namibia inflagrant defiance of resolutions of the General Assembly and decisions of theSecurity Council of the United Nations;2. Calls upon South Africa to make a firm commitment as to its readiness tocomply with Security Council resolution 435 (1978) for the independence ofNamibia;83-13917 1046Z (E)I...PA .I: :1:)

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 33S/RES1532 (1983)Page 23. Further calls upon South Africa to co-operate forthwith and fully withthe Secretary-General of the United Nations in order to expedite theimplementation of resolution 435 (1978) for the early independence of Namibia;

4. Decides to mandate the Secretary-General to undertake consultations with theparties to the proposed cease-fire, with a view to securing the speedyimplementation of Security Council resolution 435 (1978);5. R4guests the Secretary-General to report to the Security Council on the resultsof these consultations as soon as possible and not later than 31 August 1983;6. Decides to remain actively seized of the matter.

DAr-C 2A flfI n yTJWlARII rRRIMcTnI FTFUNITED SNATIONSSecurity CouncilDi str.GENERALS/RES/539 (1983)28 October 1983RESOLUTION 539 (1983)Adopted by the Security Council at its 2492nd meetingon 28 October 1983The Security Council,Having considered the report of the Secretary-General (S/15943) of 29 August1983,Recalling General Assembly resolutions 1514 (XV) of 14 December 1960 and2145 (XXI) of 27 October 1966,Recalling and reaffirming its resolutions 301 (1971), 385 (1976), 431 (1978), 432(1978), 435 (1978), 439 .(1978), and 532 (1983),Gravely concerned at South Africa's continued illegal occupation of Namibia,Gravely concerned also at the tension and instability prevailing in southern Africaand the mounting threat to the security of the region and its wider implications forinternational peace and security resulting from continued utilization of Namibia asa springboard for attacks against and destabilization of African States in theregion,Reaffirming the legal responsibility of the United Nations over Namibia and theprimary responsibility of the Security Council for ensuring the implementation ofits resolutions, in particular, resolutions 385 (1976) and 435 (1978), which call forthe holding of free and fair elections in the Territory under the supervision andcontrol of the United Nations,Indignant that South Africa's insistence on an irrelevant and extraneous issue ofalinkageo has obstructed the implementation of Security Council resolution 435(1978),1. Condemns South Africa. for its continued illegal occupation of Namibia inflagrant defiance of resolutions of the General Assembly and decisions of theSecurity Council of the United Nationsl83-27806 1120Z (E)...DAf'l 3A

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 35S/RES/539 (1983)Page 22. Further condemns South Africa for its obstruction of the implementation ofSecurity Council resolution 435 (1978) by insisting on conditions contrary to theprovisions of the United Nations plan for the independence of Namibial3. Rejects South Africa's insistence on linking the independence of Namibia toirrelevant and extraneous issues as incompatible with resolution 435 (1978),other decisions of the Security Council and the resolutions of the GeneralAssembly on Namibia, including General Assembly resolution 1514 (XV) of 14December 196014. Declares that the independence of Namibia cannot be held hostage to theresolution of issues that are alien to Security council resolution 435 (1978)15. Reiterates that Security Council resolution 435 (1978), embodying the unitedNations plan for the independence of Namibia, is the only basis for apeaceful settlement of the Namibian problems,6. Takes note that the consultations undertaken by the Secretary-Generalpursuant to paragraph 5 of resolution 532 (1983) have confirmed that all theoutstanding issues relevant to Security Council resolution 435 (1978) have beenresolvedi7. Affirms that the electoral system to be used for the elections of theConstituent Assembly should be determined prior to the adoption by the SecurityCouncil of the enabling resolution for the implementation of the United Nationsplan;8. Calls upon South Africa to co-operate with the Secretary-Generalforthwith-and to coinicate to him its choice of the electoral system in order tofacilitate the immediate and unconditional implementation of the United Nationsplan embodied in Security Council resolution 435 (1978);9. Requests the Secretary-General to report to the Security Council on theimplementation of this resolution as soon as possible and not later than .31December 1983,10. Decides to remain actively seized of the matter and to meet as soon aspossible following the Secretary-General's report for the purpose of reviewingprogress in the implementation of resolution 435 (1978) and, in the event ofcontinued obstruction by South Africa, to consider the adoption of appropriatemeasures under the Charter of the United Nations.REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 35

PAGE 36 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREUNITED SNATIONSSecurity Councilhan GENERAL

S/RES/566 (1985)19 June 1985RESOLUTION 566 (1985)Adopted by the Security Council at its 2595th meeting, on 19 June 1985The Security Council,Having considered the reports of the Secretary-General (S/16237 and S/17242),Having heard the statement by the Acting President of the United Nations Councilfor Namibia,Having considered the statement by Dr. Sam Nujoma, President of the SouthWest Africa People's Organization (SWAPO),Commending the South West Africa People's Organization for its preparedness toco-operate fully with the United Nations Secretary-General and his SpecialRepresentative, including its expressed readiness to sign and observe a cease-fireagreement with South Africa, in the implementation of the United Nations Planfor Namibia as embodied in Security Council resolution 435 (1978),Recalling General Assembly resolutions 1514 (XV) of 14 December 1960 and2145 (XXI) of 27 October 1966,Recalling and reaffirming its resolutions 269 (1969), 276 (1970), 301 (1971), 385(1976), 431 (1978), 432 (1978), 435 (1978), 439 (1978), 532 (1983) and 539(1983),Recalling the statement of the President of the Security Council (S/17151) of 3May 1985, on behalf of the Council, which, inter alia, declared the establishmentof the so-called interim government in Namibia to be null and void,Gravely concerned at the tension and instability created by the hostilepolicies bf the apartheid r4gime throughout southern Africa and the mountingthreat to the security of the region and its wider implications for internationalpeace and security resulting from that r4gime's continued utilization of Namibiaas a springboard for military attacks against and destabilization of African Statesin the region,85-18266 2157Z (E)PAGE 36REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

DrD~~l rn VILrAA ~fArAAA ~r nfIl rro DArF '27S/RES/566 (1985)Page 2Reaffirming the legal responsibility of the United Nations over Namibia and theprimary responsibility of the Security Council for ensuring the implementation ofits resolutions, in particular resolutions 385 (1976) and 435 (1978) which containthe United Nations Plan for Namibian independence,Noting that 1985 marks the fortieth anniversary of the founding of the UnitedNations, as well as the twenty-fifth anniversary of the adoption of the Declarationon the Granting of Independence to Colonial Countries and Peoples, andexpressing grave concern that the question of Namibia has been with theOrganization since its inception and still remains unresolved,

Welcoming the emerging and intensified world-wide campaign of people from allspheres of life against the racist r4gime of South Africa in a concerted effort tobring about an end to the illegal occupation of Namibia and of apartheid,1. Condemns South Africa for its continued illegal occupation of Namibia inflagrant defiance of resolutions of the General Assembly and decisions of theSecurity Council of the United Nations;2. Reaffirms the legitimacy of the struggle of the Namibian people against theillegal occupation of the racist r4gime of South Africa and calls upon all States toincrease their moral and material assistance to them;3. Further condemns the racist r4gime of South Africa for its installation of a so-called interim government in Windhoek and declares that this action, taken evenwhile the Security Council has been in session, constitutes a direct affront to itand a clear defiance of its resolutions, particularly resolutions 435 (1978) and 439(1978);4. Declares that action to be illegal and null and void and states that norecognition will be accorded either by the United Nations or any Member State toit or to any representative or organ established in pursuance thereof;5. Demands that the racist r4gime of South Africa immediately rescind theaforementioned illegal and unilateral action;6. Further condemns South Africa for its obstruction of the implementation ofSecurity Council resolution 435 (1978) by insisting on conditions contrary to theprovisions of the United Nations Plan for the independence of Namibia;7. Rejects once again South Africa's insistence on linking the independence ofNamibia to irrelevant and extraneous issues as incompatible, with resolution 435(1978), other decisions of the Security Council and the resolutions of the GeneralAssembly on Namibia, including General Assembly resolution 1514 (XV) of 14December 1960;8. Declares once again that the independence of Namibia cannot be heldhostage to the resolution of issues that are alien to Security Council resolution 435(1978);

rmAj&jo E fflIC V U AD ADAC hAIA dAiAI c rrS/RES/566 (1985)Page 39. Reiterates that Security Council resolution 435 (1978), embodying the UnitedNations Plan for the independence of Namibia, is the only internationallyaccepted basis for a peaceful settlement of the Namibian problem and demands itsimmediate and unconditional implementation;10. Affirms that the consultations undertaken by the Secretary-General pursuantto paragraph 5 of resolution 532 (1983) have confirmed that all the outstandingissues relevant to Security Council resolution 435 (1978) have been resolved,except for the choice of the electoral system;11. Decides to mandate the Secretary-General to resume immediate contact withSouth Africa with a view to obtaining its choice of the electoral system to be usedfor the election, under United Nations supervision and control, for the ConstituentAssembly, in terms of resolution 435 (1978), in order to pave the way for the

adoption by the Security Council of the enabling resolution for theimplementation of the United Nations Independence Plan for Namibia;12. Demands that South Africa co-operate fully with the Security Council and theSecretary-General in the implementation of the present resolution;13. Strongly warns South Africa that failure to do so would compel theSecurity Council to meet forthwith to consider the adoption of appropriatemeasures under the United Nations Charter, including Chapter VII, as additionalpressure to ensure South Africa's compliance with the above-mentionedresolutions;14. Urges Member States of the United Nations that have not done so to considerin the meantime taking appropriate voluntary measures against South Africa,which could include(a) Stopping of new investments and application of disincentives to this end;(b) Re-examination of maritime and aerial relations with South Africa;(c) The prohibition of the sale of krugerrands and all other coins minted in SouthAfrica;(d) Restrictions in the field of sports and cultural relations;15. Requests the Secretary-General to report on the implementation of the presentresolution not later than the first week of September 1985;16. Decides to remain seized of the matter and to meet immediately uponreceipt of the Secretary-General's report for the purpose of reviewing progress inthe implementation of resolution 435 (1978) and, in the event of continuedobstruction by South Africa, to invoke paragraph 13 above.MA #T_ 0DCDnrI "*'tF OV *"Lfr AIA A,911 r"nIAI IAjirfA 7"nAIc rsI Tor'

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 39UNITED SNATIONS(Security Council Distr.GENERALS/1765829 November 1985ORIGINAL: ENGLISHLETTER DATED 26 NOVEMBER 1985 FROM THE SECRETARY-GENERAL ADDRESSEDTO THE MINISTER OF FOREIGN AFFAIRS OF SOUTH AFRICAI wish to acknowledge receipt of your letter of 12 November 1985 (S/17627,annex) concerning South Africa's choice of the electoral system in terms ofsecuritY Council resolution 435 (1978).As you are aware, in my report to the Security Council of 19 May 1983(S/15776), I outlined the position regarding the choice of the electoral system asfollows:"As regards the electoral system to be employed in electing theConstituent Assembly, it was agreed that it would be based either on

proportional representation or single-member constituencies. I was alsoassured that all the parties were agreed that this issue must be settled inaccordance with the terms of Security Council resolution 435 (1978) and thatthe issue must not cause delay in the implementation of that resolution. Thefront-line States and SWAPO emphasized the view that agreement should besecured on the electoral system prior to implementation of Security Councilresolution 435 (1978) ..."Following recent consultations, I wish to confirm to Your Excellency thatagreement has been reached on the system of proportional representation for theelections envisaged in Security Council resolution 435 (1978). In accordance withthe settlement proposal (S/12636), and as provided for in Security Councilresolution 435 (1978), follow-up action as to how the system of proportionalreprestentation will work in practice, will be elaborated by my SpecialRepresentative and the Administrator-General, in the context of their respectivefunctions, once the implementation of the United Nations plan has commenced.With agreement having been reached on the choice of the electoral system, alloutstanding issues relevant to the United Nations plan for Namibia have now beenresolved. I need hardly recall, in this connection, that the Security Council itselfhas, on more than one occasion rejected the linking of the independence ofNamibia to irrelevant and extraneous issues as incompatible with resolution 435(1978).a5-35007 1591t (E) /''"REPRO)DUCED BY THE NAMIBIA COMMUNICATIONS CENITREPAGE 39

PAGE 40REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRES/17658EnglishPage 2I therefore feel it my duty to propose to Your Excellency that we now proceed toestablish the earliest possible date for a cease-fire and the implementation of theSecurity Council resolution.In view of the circulation of Your Excellency's letter as a document of theSecurity Council, I am having this letter circulated in the same manner.(Signed) Javier PEREZ de CUELLAR

DCDDn~t1I ifCRfV TUIC AlA ARIDI frAA"A11~f A Tr~fAIC ftl-Dn DA -- A 4UNITEDNATIONSSecurity Council Distr.~GENERALS/RES/601 (1987)30 October 1987RESOLUTION 601 (1987)Adopted by the Security Council at its 2759th meeting, on 30 October 1987

The Security Council,Having considered the reports of the Secretary-General of the United Nations of31 March 1987 (S/18767) and 27 October 1987 (S/19234),Having heard the statement by the President of the United Nations Council forNamibia,Havingalso considered the statement by Mr. Theo-Ben Gurirab, Secretary forForeign Affairs of the South West Africa People's Organization,Recalling General Assembly resolutions 1514 (XV) of 14 December 1960 and2145 (XXI) of 27 October 1966 as well as resolution S-14/1 of 20 September1986,Recalling and reaffirming its resolutions 269 (1969), 276 (1970), 301 (1971),385 (1976), 431 (1978), 432 (1978), 435 (1978), 439 (1978), 532 (1983), 539(1983), and 566 (1985),1. Strongly condemns racist South Africa for its continued illegaloccupation of Namibia and its stubborn refusal to comply with the resolutions anddecisions of the Security Council, in particular resolutions 385 (1976) and 435(1978);2. Reaffirms the legal and direct responsibility of the United Nations overNamibia;3. Affirms that all outstanding issues relevant to the implementation of itsresolution 435 (1978) have now been resolved as stated in the Secretary-General'sreports contained in documents S/18767 of 31 March 1987 and S/19234 of 27October 1987;87-27265 3599Z (E)DA/ -I" J11...

nlrr A reDDlfl, Jnr D V rlC AfA ARMIIA I^fAAAIJIWArI*JnI I1 RI IMCS/.ES/601 (1987)Page 24. Welcomes the expressed readiness of the South West Africa People'sOrganization to sign and observe a cease-fire agreement with South Africa, inorder to pave the way for the implementation of Security Council resolution 435(1978);5. Decides to authorize the Secretary-General to proceed to arrange acease-fire between South Africa and the South West Africa People's Organizationin order to undertake the administrative and other practical steps necessary for theemplacement of the United Nations Transition Assistance Group;6. Urges States Members of the United Nations to render all the necessarypractical assistance to the Secretary-General and his staff in the implementation ofthe present resolution;7. Requests the Secretary-General to report to the Security Council on theprogress in the implementation of the present resolution and to submit his reportas soon as possible;S. Decides to remain seized of the matter.

0-0111111d'sf LW THEAA BI CO MIIICATIflPSCFI TREAE4UNITEDNATIONSSecurity Council% 1, qDistr.S/RES/629 (1989)16 January 1989RESOLUTION 629 (1989)Adopted by the Security Council at its 2842nd meeting, on 16 January 1989The Security Council,Reaffirming its relevant resolutions, in particular, resolutions 431 (1978) of 27July 1978 and 435 (1978) of 29 September 1978,TakingJ~ of its resolution 628 (1989) of 16 January 1989,Noting that the parties to the Protocol of Brazzaville, contained in documentS/20325 of 14 December 1988, agreed to recommend to the Secretary-Generalthat1 April 1989 be established as the date for the implementation of resolution 435.(1978),Baogz±a the progress in the Southwestern African peace process,Ex2resi concern at the increase in the police and para-military forces and theestablishment of South West Africa Territory Force since 1978 and stressing theneed to ensure conditions under which the Namibian people will be able toparticipate in free and fair elections under the supervision and control of theUnited Nations,Notig also that these developments make appropriate a re-examination of therequirements for UNTAG effectively to fulfil its mandate which include, interalia, keeping borders under surveillance, preventing infiltration, preventingintimidation, and ensuring the safe return of refugees and their free participationin the electoral process,Ralling the approval by the Security Council of the Secretary-General's statementon 28 September 1978 to the Security Council (S/12869),Emnhasizina its determination to ensure the early independence of Namibiathrough free and fair elections under the supervision and control of the UnitedNations, in accordance with its fesolution 435 (1978) of 29 September 1978,89-01292 0884Z (E)PAGE 43/..

PAtF LA REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/RES/629 (1989)Page 2Reaff'rmin the legal responsibility of the United Nations over Namibia,

1. Decides that I April 1989 shall be the date on which implementation ofresolution 435 (1978) will begins2. Recuests the Secretary-General to proceed to arrange a formal cease-firebetween SWAPO and South Africa;3. C South Africa to reduce immediately and substantially theezisting police forces in Namibia with a view to achieving reasonable balancebetween these forces and U1TAG so as to ensure effective monitoring by thelatter;4. Reaffirms the responsibility of all concerned'to co-operate to ensure theimpartial implementation of the settlement plan in accordance with resolution 435(1978);S. Reguests the Secretary-..eneral to prepare at the earliest possible date a reportto the Council on the Implementation of resolution 435 (1978), taking intoaccount all relevant developments since the adoption of that resolutions6. Reuests also the Secretary-General, in preparing his report, tore-examino requirements necessary for UNTAG in order to identify whereverpossible tangible cost-saving measures without prejudice to his ability fully tocarry out its mandate as established in 1978, namely, to ensure the earlyindependence of ambia through free and fair elections under the supervision andcontrol of the United Nations:7. Cl= Members of the United Nations to consider, in co-ordinationwith the Secretary-General, how they might provide economic and financialassistance to the Namibian people, both during the transitional period and afterindependence.REPRODUCED B Y THE NA MIBIA COMMUNICATIONS CENTREPAGE44

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAE4Namibia: S/20412United NationsFurther Report of the Secretary-General (Sf20412) concerning theImplementation of Security Council Resolutions 435(1978) and 439(1978)concerning the Question of Namibia, 23 January 1989Introduction1. On 27 October 1987 1 submitted to the Security Council my report (S/19234)on the question of Namibia. Part I of the present report contains an account ofdevelopments since 30 October 1987 relating to the implementation of the UnitedNations plan for Namibia. Part II contains the Secretary-General'srecommendations for the implementation of resolution 4350978) with effect from1 April 1989 and responds to the request contained in paragraphs 5 and 6 ofresolution 629(1989) as to the requirements for the United Nations TransitionAssistance Group (UNTAG).I2. The Security Council resumed its consideration of the question of Namibia atits 2755th meeting on 28 October 1987 and continued its discussion of the item atits 2756th to 2759th meetings, on 29 and 30 October 1987. At its 2759th meeting

on 30 October 1987, the Security Council adopted resolution 601(1987), the textof which reads as follows:"The Security Council,Having considered the reports of the SecretaryGeneral of the United Nations of 31March 1987 and 27 October 1987,Having heard the statement by the President of the United Nations Council forNamibia,Having also considered the statement by Mr.Theo-Ben Gurirab, Secretary for Foreign Affairs of the South West AfricaPeople's Organization,Recalling General Assembly resolutions 1514(XV) of 14 December 1960 and2145(XXI) of 27 October 1966 as well as resolution S-14/I of 20 September 1986,Recalling and reaffirming its resolutions 269(1969), 276(1970), 301(1971),385(1976), 431(1978), 432(1978), 435(1978), 439(1978), 532(1983), 539(1983)and 566(1985),I. Strongly condemns racist South Africa for its continued illegal occupation ofNamibia and its stubborn refusal to comply with the resolutions and decisions ofthe Security Council. in particular resolutions 385(1976) and 435(1978);2. Reaffirms the legal and direct responsibility of the United Nations overNamibia;3. Affirms that all outstanding issues relevant to the implementation of itsresolution 435(1978) have now been resolved as stated in the Secretary-General'sreports of 31 March and 27 October 1987;4. Welcomes the expressed readiness of the South West Africa People'sOrganization to sign and observe a cease-fire agreement with South Africa, inorder to pave the way for the implementation of Security Council resolution435(1978);5. Decides to authorize the Secretary-General to proceed to arrange a cease-firebetween South Africa and the South West Africa People's Organization in orderto undertake the administrative and other practical steps necessary for theemplacement of the United Nations Transition Assistance Group;6. Urges States Members of the United Nations to render all the necessarypractical assistance to the Secretary-General and his staff in the implementation ofthe present resolution;7. Requests the Secretary-General to report to the Security Council on theprogress in the implementation of the present resolution and to submit his reportas soon as possible;8. Decides to remain seized of the mater."3. In a communication dated 11 November 1987 (S/19290), Mr. Sam Nujoma,President of the South West Africa People's Organization (SWAPO), assured meof the fullest co-operation of SWAPO in respect of the mandate entrusted to meby Security Council resolution 601(1987). He reiterated the readiness of SWAPOto proceed immediately to sign and observe a cease-fire agreement with SouthAfrica in accordance with the provisions of the United Nations plan, as endorsedby the Council in its resolution 435(1978).

4. 1 held consultations with H. E. Mr. Josi Eduardo dos Santos, President ofAngola, in Luanda on 18 February 1988, to review developments in south-western Africa. He expressed support for my efforts to facilitate a peacefulsettlement and said that Angola would continue to support the action of theUnited Nations to bring about peace in the region. To this end, hePAGE45PAGI: 45

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREinformed me that Angola was prepared to take new practical steps towards theattainment of that objective, including the initiation of peace talks with theGovernment of South Africa.5. I also met with the President of SWAPO in Luanda on 18 February 1988. todiscuss the implementation of Security Council resolution 601(1987). 1 informedhim that I had not received a definitive response from South Africa in regard tothe cease-fire called for in Security Council resolution 601(1987). He informedme that SWAPO was prepared to demonstrate flexibility in order to facilitate asettlement. In this connection, he stated that, while all constructive efforts tobreak the current impasse were welcome, no solution to the Namibian problemwas acceptable outside the framework of resolution 435(1978).6. In subsequent discussions with the Permanent Representative of South Africaon paragraph 5 of Security Council resolution 601(1987), 1 was informed that theGovernment of South Africa was not at war with any of the parties in Namibia.The Permanent Representative reiterated the position of the Government of SouthAfrica that agreement must be reached on the withdrawal of all Cuban troopsfrom Angola prior to the implementation of Security Council resolution435(1978).7. Delegations of Angola, Cuba, and South Africa, through the mediation of theGovernment of the United States of America, met in London, Cairo, New Yorkand Geneva between 3 May and 5 August 1988. Their discussions were aimed atachieving a regional settlement of the conflict in south-western Africa. In NewYork they reached agreement, ad re~rendum to their Governments, on a basicdocument entitled "Principles for a peaceful settlement in south-western Africa"(see annex). This document, which was initialled by the delegations of Angola,Cuba and South Africa on 13 July 1988, was approved by their respectiveGovernments the following week and released publicly by mutual agreement on20 July 1988.8. Following further discussions from 2 to 5 August 1988 in Geneva, thedelegations of Angola, Cuba and South Africa agreed on a sequence of stepsnecessary to prepare the way for the independence of Namibia in accordance withSecurity Council resolution 435(1978) and to achieve peace in south-westernAfrica. They agreed to recommend to me the date of I November 1988 for theimplementation of Security Council resolution 435(1978) to begin. Further, theparties approved, ad referendum to their respective Governments, the text of atripartite agreement that embodied, in binding treaty form, the principles

negotiated in New York and published on 20 July 1988. On their side, Angola andCuba reiterated their decision to subscribe to a bilateral accord whichwould include a timetable acceptable to all parties for the staged and totalwithdrawal of Cuban troops from Angola. The parties approved a comprehensiveseries of practical steps that would enhance mutual confidence. reduce the risk ofmilitary confrontation and create the conditions in the region necessary toconclude the negotiations. With the approval of these measures, a de factocessation of hostilities came into effect. These agreements were embodied in theGeneva Protocol of5 August 1988, which was approved by the Governments of Angola, Cuba andSouth Africa. On 8 August 1988, those three Governments and the Government ofthe United States of America issued a joint statement on the outcome of theirnegotiations (see S/20109, annex).9. On 8 August 1988, the Foreign Minister of South Africa confirmed to me, interms of the provisions of paragraph 5 of the Geneva Protocol, the South AfricanGovernment's commitment to adopt the necessary measures of restraint in order tomaintain the existing de facto cessation of hostilities. 10. On 12 August 1988, thePresident of SWAPO informed me (S/20129) that SWAPO had agreed to complywith the commencement of the cessation of all hostile acts, in accordance with.the Geneva agreement. He also stated that SWAPO would be ready to continue toabide by that agreement until the formal cease-fire under resolution 435(1978).He stated that the cessation of SWAPO's combat actions against the SouthAfrican forces in Nanibia would only hold provided that South Africa alsoshowed the necessary political will to do the same.11. The parties to the talks on the situation in southwestern Africa kept meinformed of the progress of their negotiations. In my exchanges of views withthem, I welcomed the agreements reached and urged them to redouble theirefforts to facilitate a settlement. All confirmed their recommendation of the dateof I November 1988 for the beginning of the implementation of Security Councilresolution 435(1978), in accordance with the Geneva Protocol.12. A meeting of the Heads of State of the front-line States was held at Luanda on8 August 1988. In a communiqui issued after the meeting, the Heads of Stateexpressed their satisfaction and gave their total support for the results outlined inthe joint statement issued at Geneva on 8 August 1988. They called upon theparties concerned to avoid any action that might jeopardize the negotiations. Afterhaving noted the positive evolution of .the negotiations, with particular emphasison the quadripartite meeting held at Geneva, the Heads of State requested -theSecretary-General of the United Nations to take measures aimed at theimplementation of Security Council resolution 435(1978).DAI'-C AC12 A at-r" A

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 4713. On 30 August 1988. 1 received a communication from the PermanentRepresentative of South Africa, stating that. in keeping with the spirit of the

discussions between South Africa, Angola and Cuba, with United Statesmediation. which were aimed at securing a peaceful solution to the iituation insouth-western Africa. South Africa had, on 30 August 1988, completed thewithdrawal of its troops from Angolan territory, in accordance with anundertaking.given during the course of the discussions at Geneva.14. Earlier, on 8 August 1988, I had received a communication from the ForeignMinister of South Africa. in which he informed me that, since the implementationof resolution 435(1978) was one of the important objectives of the GenevaProtocol, the South African Government considered it imperative that I shouldbecome involved at that stage. Accordingly, he informed me that the SouthAfrican State President was inviting me to visit South Africa with a view todiscussing preparations for the implementation of resolution 435(1978) andrelated matters, such as the decisive importance of impartiality on the part of theSecretary-General and the Security Council of the United Nations. He anticipatedthat my visit would expedite the steps envisaged in the Geneva Protocol.15. On 17 August 1988, I met with Mr. Derek Auret, Special Envoy of the SouthAfrican Foreign Minister. He informed me that he had been asked by the ForeignMinister to stress the importance the Government of South Africa attached to theinvitation it had extended to me and to urge me to accept it as a matter of priority.He emphasized that the President of South Africa believed that my visit wouldfacilitate the peace process in south-western Africa and would stimulate and moveforward the process for a settlement. 16. With regard to the question ofimpartiality raised in the Foreign Minister's letter, I emphasized to his SpecialEnvoy that agreement had been reached on that issue in previous discussions withSouth Africa and that this had been reflected in my report to the Security Council(S/15943, para. 17) after my visit to South Africa in August 1983. Followingfurther exchanges of views on the Foreign Minister's letter, it was agreed thatdiscussions would not be reopened on matters regarding which agreements hadalready been reached. It was also understood that any discussions envisaged withthe Government of South Africa would be held within the framework of relevantdecisions of the Security Council and the mandate entrusted to me as Secretary-General. I asked the Speciat Envoy to convey to the Foreign Minister myacceptance of the invitation by his President, subject to agreement on a mutuallyconvenient date for my visit.17. 1 subsequently confirmed to the Government of South Africa that I would beavailable to visit South Africa from 21 to 23 September 1988. 1 also accepted aninvitation from the President of Angola to visit Luanda on 23 and 24 September1988 to hold discussions with him on the situation in south-western Africa. I8. Iwas accompanied on my visit to South Africa and Angola by Mr. MarttiAhtisaari. my Special Representative for Namibia, Mr. Abdulrahim A. Farah.UnderSecretary-General for Special Political Questions. Regional Co-operation,Decolonization and Trusteeship: and Mr. Marrack Goulding, Under-Secretary-General for Special Political Affairs.19. In Pretoria, on 22 September 1988 I met with Foreign Minister Botha. GeneralMagnus Malan. Minister of Defence, and Mr. L. A. Pienaar. Administrator-General of Namibia. My discussions with the Foreign Minister focused on

practical arrangements for the implementation of Security Council resolution435(1978). 1 held discussions later the same day with representatives of theinternal parties of Namibia. who had come to Pretoria to exchange views with meon the United Nations plan for Namibia. The next day. 23 September 1988. 1 metwith the State President and held extensive discussions with him, both on thequestion of Namibia and on the general situation in the region. 20. The StatePresident reiterated to me South Africa's commitment to the Geneva Protocol of 5August 1988. by which the parties to the Protocol, including South Africa. hadagreed on a sequence of steps necessary to prepare the way for theimplementation of Security Council resolution 435(1978) and to achieve peace insouth-western Africa. In this connection, he reaffirmed the recommendation thatthe implementation of Security Council resolution 435(1978) should begin on INovember 198& He stated that implementation could start as soon as agreementwas reached on the total withdrawal of Cuban troops from Angola. as called for inthe Geneva Protocol, and that South Africa would continue its efforts within thecontext of the talks on south-western Africa, in order to expedite agreement. 21.In response. I informed the State President that I was encouraged by the progressmade at the talks on the situation in south-western Africa and urged all concerned,including South Africa, to make a renewed and determined effort at the nextround to facilitate a settlement.22. 1 informed the State President that I had set in motion the administrativemachinery for the emplacement of UNTAG in Namibia. In this connection. Iurged the Government of South Africa to extend its co-operation to the UnitedNations, particularly in respect of facilities and services which would be requiredby UNTAG inPAGE 47REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

DAI~ A2 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENamibia during the transitional period. Following these exchanges of views withthe State President. I reached agreement with the Government of South Africa onthe dispatch of a United Nations technical team to visit Namibia and South Africaas a matter of urgency, in order to update plans concerning administrative andlogistic requirements, as well as budgetary provisions, for UNTAG. The technicalmission was to review the situation on the ground in Namibia, hold discussionswith-its South African counterparts and collect, at first hand, necessary technicalinformation and data. The technical mission duly visited Namibia and SouthAfrica between 2 and 23 October 1988.23. In my discussions in Pretoria, it %as also agreed to finalize for signature thedraft agreement on the status of UNTAG, in order to establish the legal status ofUNTAG and its personnel in Namibia. This has now been done in principle. I alsoreviewed with the State President developments concerning the militarycomponent of UNTAG which had taken place since my last visit to South Africain August 1983. 1 explained that further consultations would be necessary,especially as regards the logistic elements of the military component, before its

composition could be finalized. 24. 1 further confirmed to the State President thatagreement had been reached on the system of proportional representation for theelections envisaged in Security Council resolution 4350978). 1 also confirmedthat the text of the Principles concerning the Constituent Assembly and theConstitution of an independent Namibia (S/15287) constituted an integral part ofthe United Nations plan (see par. 35 below). 25. During these discussions, Ireiterated to the South African authorities that South Africa remained theinterlocutor of the United Nations in regard to the implementation of SecurityCouncil resolution 435(1978) and that, in the implementation of the UnitedNations plan, the Administrator-General of the Territory must assume the fullfunctions entrusted to him in the settlement proposal (S/12636) as the counterpartof my Special Representative.26. The question of impartiality was raised again in my discussions in Pretoria,both by the South African authorities and by representatives of the internal partiesof Namibia. I reaffirmed that agreement had been reached with the Governmentof South Africa on that issue and that it had been confirmed as such in my reportto the Security Council after my visit to South Africa in August 1983 (S/15943,para. 17). I again gave assurances to all concerned of the complete impartiality ofthe United Nations in the implementation of Security Council resolution435(1978). 1 emphasized that Iexpected the same from all South African officials in the discharge of theirresponsibilities in Namibia during the transitional period. So far as the UnitedNations was concerned, I stressed that all the parties in Namibia would be treatedequally on the commencement of implementation of the United Nations plan. Iconfirmed to the State President that the United Nations would place all thepolitical parties of Namibia on an equal footing during the transitional periodleading to independence. 27. 1 confirmed with the South African authorities theinformal understandings reached in 1982 by the front-line States and Nigeria,SWAPO and the Western Contact Group on the question of impartiality in respectof the responsibilities of the Government of South Africa and the United Nationsduring the transitional period (see paras. 35 and 36 below).28. On the completion of my visit to South Africa, I proceeded to Luanda on 23September 1988 and held discussions on the same day with President JosiEduardo dos Santos on the situation in south-western Africa. He informed me ofthe progress made at the talks on the situation in south-western Africa and assuredme that the Government of Angola would continue with its efforts in thenegotiations in order to facilitate a settlement. Among other things, he confirmedto me that South Africa had completed the withdrawal of its troops from Angolaon 30 August 1988. In this connection, he emphasized that the objectives ofSecurity Council resolution 6020987) had been fulfilled. My visit to Luanda alsoprovided me with the opportunity of exchanging views with the President ofSWAPO and of informing him of the outcome of my visit to Pretoria. 29. At the2827th meeting of the Security Council, held on 29 September 1988, the Presidentof the Security Council made a statement on behalf of the members of the Councilconcerning the question of Namibia (S20208). The members of the Council statedthat they supported the action I had taken in regard to the implementation of

Security Council resolution 4350978) and encouraged me to continue my effortsto that end. They took particular note of developments in previous weeks by someof the parties to find a peaceful solution to the conflict in south-western Africa.The nature of the efforts was reflected in the joint statement of 8 August 198S bythe Governments of Angola, Cuba, South Africa and the United States. Themembers of the Council urged the parties to display the necessary political will totranslate the commitments they had made into reality in order to bring about apeaceful settlement of the Namibian question and peace and stability in theregion. In particular, they strongly urged South Africa to comply forthwith withthe Security Council's resolutions andDAr-r ARDA I ARREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPG~decision., panticulariN resolution 435(18). and to cooperate with the Secretary-General in its immediate, full and definitive implementation. To that end. theyurged Staies Members of the United Nations to render all necessar. assistance tothe Secretary-General and his staff in the administrafive and other practical stepsnecessary for the emplacement of UNTAG. 30. Following the signing of theGeneva Protocol on 5 August 1988. delegations of Angola. Cuba and SouthAfrica, through the mediation- of the Government of the United States. held fivemeetings at Brazzaville, between 24 August and 13 December 1988. to continuenegotiations towards a peaceful solution of the conflict in southwestern Africa. Iwas represented at Brazzaville by my Special Representative for Namibia. On 13December 1988. the Governments of Angola, Cuba and South Africa signed theBrazzaville Protocol (S/20325) by which the parties agreed to recommend to methat I April 1989 be established as the date for the implementation of SecurityCouncil resolution 435(1978). 31. As agreed in the Brazzaville Protocol, theparties met on 22 December 1988 in New York at United Nations Headquartersfor signature of the tripartite agreement prepared in Geneva in August (S/20346)and for signature by Angola and Cuba of a bilateral agreement relating to thewithdrawal of Cuban troops from Angola (S/20345). In anticipation of the latter,the Security Council had, on 20 December 1988, unanimously decided, by itsresolution 626(1988), to establish under its authority the United Nations AngolaVerification Mission (UNAVEM), for a period of 31 months, to verifyimplementation of the bilateral agreement. In its resolution 628(1989) the Councilwelcomed the signature of the tripartite and bilateral agreements and expressed itsfull support for those agreements. 32. Following the signing of the tripartite andbilateral agreements on 22 December 1988, I met on the same day with theForeign Minister and with the Defence Minister of South Africa to exchangeviews on the implementation of Security Council resolution 435(1978). Theyconfirmed South Africa's agreement to recommend to me that 1 April 1989 be thedate for the implementation of Security Council resolution 435(1978) and statedthat the Government of South Africa was ready to extend all necessary co-

operation with regard to the responsibilities entrusted to me for theimplementation of the United Nations plan for Namibia.II33. At its 2842nd meeting on 16 January 1989, the Security Council unanimouslyadopted resolution 629(1989), the text of which reads as follows:"77we Securit" Council.Reaffirming its relevant resolutions, in particular resolutions 431(1978) of 27 July1978 and 435(1978) of 29 September 1978,Taking note of its resolution 628(1989) of 16 January 1989,Noting that the parties to the Protocol of Brazzaville, contained in documentS/20325 of 14 December 1988, agreed to recommend to the Secretary-Generalthat I April 1989 be established as the date for the implementation of resolution435(1978),Recognizing the progress in the south-western African peace process,Expressing concern at the increase in the police and paramilitary forces and theestablishment of the South West Africa Territory Force since 1978, and stressingthe need to ensure conditions under which the Namibian people will be able toparticipate in free and fair elections under the supervision and control of theUnited Nations,Noting also that these developments make appropriate a re-examination of therequirements for the United Nations Transition Assistance Group effectively tofulfil its mandate which include, inter alia, keeping borders under surveillance,preventing infiltration, preventing intimidation and ensuring the safe return ofrefugees and their free participation in the electoral process,Recalling the approval by the Security Council of the Secretary-General'sstatement on 28 September 1978 to the Security Council (S/12869),Emphasizing its determination to ensure the early independence of Namibiathrough free and fair elections under the supervision and control of the UnitedNations, in accordance with its resolution 435(1978) of 29 September 1978,Reaffirming the legal responsibility of the United Nations over Namibia,1. Decides that 1 April 1989 shall be the date on which implementation ofresolution 435(1978) will begin;2. Requests the Secretary-General to proceed to arrange a formal cease-firebetween the South West Africa People's Organization and South Africa;3. Calls upon South Africa to reduce immediately and substantially the existingpolice forces in Namibia with a view to achieving reasonable balance betweenthese forces and the United Nations Transition Assistance Group so as to ensureeffective monitoring by the latter;4. Reaffirms the responsibility of all concerned to co-operate to ensure theimpartial implementation of the settlement plan in accordance with resolution435(1978);5 Requests the Secretary-General to prepare at the earliest possible date a reportto the Council on thePAGE 49

D~t~ ~fl P~PAAIrfDQD r l Rruc A1A AIPIA COM Alnr'ArinmlCENITREimplementation of resolution 435(1978). taking into account all relevantdevelopments since the adoption of that resolution;6. Requests also the Secretary-General, in preparing his report, to re-examinerequirements necessary for the United Nations Transition Assistance Group inorder to identify wherever possible tangible cost-saving measures withoutprejudice to his ability fully to carry out its mandate as established in 1978,namely, to euisure the early independence of Namibia through free and fairelections under the supervision and control of the United Nations;7. Calls upon Members of the United Nations to consider, in co-ordination withthe Secretary-General, how they might provide economic and financial assistanceto the Namibian people, both during the transitional period and afterindependence:'This part of the present report is submitted in pursuance of paragraphs 5 and 6 ofthe above resolution. 34. In its resolution 435(1978), adopted on 29 September1978, the Security Council had approved the Secretary-General's report of 29August 1978 (S/12827), together with his explanatory statement of 28 September1978 (S/12869). That report, with the explanatory statement, detailedarrangements for the implementation of the proposal fur a settlement of theNamibian situation which had been put forward on 10 April 1978 by the fiveWestern members of the Security Council (the "Western Contact Group")(S/12636). The settlement proposal and the Secretary-General's report on itsimplementation had been exhaustively negotiated with all the parties concerned.3&The United Nations plan fur Namibia includes agreements and understandingsreached by the parties since the adoption of Security Council resolution 435(1978) and confirmed as such to the Secretary-General. These agreements andunderstandings remain binding on the parties. In this connection, I wish to drawattention to the following:a. The agreement reached in 1982 that UNTAG, with the co-operation of hostGovernments and in the context of implementation of Security Council resolution435(1978), would monitor SWAPO bases in Angola and Zambia (S/15776);b. Informal understandings reached in 1982 on the question of impartiality (seealso para. 36 below);c. The text of the Principles concerning the Constituent Assembly and theConstitution of an independent Namibia which was transmitted to the Secretary-General on 12 July 1982 (S/15287);d. The agreement reached in November 1985(S/17658) on the system of proportional representation for the elections envisagedin Security Council resolution 435(1978).36. With regard to subparagraph b above, the informal understandings, alsoknown as the impartiality package, include undertakings by the Western ContactGroup, the front-line States and Nigeria and SWAPO, with respect to activitieswithin the United Nations system once the Security Council meets to authorizethe implementation of Security Council resolution 435(1978). The informalunderstandings also detail corresponding obligations on the part of the

Government of South Africa in order to ensure free and fair elections in Namibia.At a meeting on 24 September 1982 the representatives of the frontline States andNigeria, SWAPO and the Western Contact Group jointly confirmed to me theagreements they had reached in respect of the impartiality package and presentedme with a check-list of their informal understandings. All the parties at themeeting confirmed to me their agreement to the informal understandingscontained in their check-list. In separate discussions with the Western ContactGroup, the Government of South Africa also confirmed its agreement to thoseunderstandings which relate to its responsibilities under the settlement plan.37. Members of the Council will recall that, in the second paragraph of theexplanatory statement of 28 September 1978, the Secretary-General recognizedthat the cost of UNTAG would be a particularly heavy burden for Members tobear and stated that he would of course try to ensure that the mandate was carriedout in the most economical manner possible. This has been an imperativeguideline for the Secretariat in its detailed planning for the implementation of thesettlement proposal for Namibia.38. As approved in Security Council resolution 435(1978), the civilian componentof UNTAG will consist of two elements. Its non-police element will have thefunction of assisting the Special Representative in implementing paragraphs 5 to 7of the settlement proposal and the relevant sections of the annex thereto(S/12636). In this connection, the settlement proposal makes provision for eachstage of the electoral process and in regard to all measures affecting the politicalprocess at all levels of administration. It states that every adult Namibian, withoutdiscrimination or fear of intimidation from any source, will be eligible to vote,campaign and stand for election to the Constituent Assembly. It makes provisionfor secret ballot and for full freedom of speech, assembly, movement and thepress. It requires that theDA tZl N

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAE5electora! machiner. ensure that all political parties and interested person,. withoutregard to their political ,.ieA. shall hae a full and fair opportunity to organize andpartizipate in the electoral process. It requires the repeal o, all remainingdiscriminatory or restrictive measures which might abridge the objective of freeand "air elections and the release of all political prisoners or detainees so that the.can fully and freel) participate in the electoral process. without fear of arrest,detention, intimidation or imprisonment. the proposal also provides for thepeaceful return of all Namibians in exile so that they. too. may fully and freelyparticipate in the electoral process without risk of arrest, detention, intimidation orimprisonment. It stipulates that all Namibians be given a full and voluntary choicewhether to return. It requires that my Special Representative take steps toguarantee against the possibility of intimidation or interference with the electoralprocess from whatever quarter. Compliance with all the criteria indicated in thesettlement proposal is a guiding principle for me and will be scrupulously ensuredby my Special Representative and his staff.

39. Taking these factors into account, no further savings could be found in respectof the plans for the Special Representative of the Secretary-General and his staffand for the administrative personnel of UNTAG, beyond those which haveresulted from consolidations deriving from a review of 1978 plans undertakensome years ago. As regards the electoral element in the civilian component ofUNIAG, the precise number of electoral supervisors required will depend on thedetailed arrangements for the election which, in accordance with the settlementproposal, will be worked out by my Special Representative and the Administrator-General, in the context of their respective functions, once the implementation ofthe United Nations plan has begun (S/17658). In these circumstances, I propose tomaintain the present provision for about 800 electoral supervisors. 40. As regardsUNTAG's civilian police monitors, the concept was first described in paragraph 9of the settlement proposal (S/12636). Therein, it is provided that "primaryresponsibility for maintaining law and order in Namibia during the transitionperiod shall rest with the existing police forces. The Administrator-General, to thesatisfaction of the United Nations Special Representative, shall ensure the goodconduct of the police forces and. shall take the necessary action to ensure theirsuitability for continued employment during the transition period. The SpecialRepresentative shall make arrangements when appropriate for United Nationspersonnel to accompany the police forces in the discharge of theirduties. The police forces would be limited to the carrying of small arms in thenormal performance of their duties'" paragraph 10 of the settlement proposal alsoprovides that the "Special Representative will take steps to guarantee against thepossibility of intimidation or interference with the electoral process fromwhatever quarter'" The tasks of UNTAG's police monitors are also described inparagraphs 29 and 30 of the SecretaryGeneral's report of 29 August 1978(S/12827) and in his explanatory statement of 28 September 1978 (S/12869).Therein, the Special Representative's responsibilities in this area weresummarized as follows:"a. To satisfy himself that the AdministratorGeneral ensures the good conduct ofthe police force;"b. To satisfy himself that the AdministratorGeneral takes the necessary action toensure the suitability of the police for continued employment during the transitionperiod;"c. To make arrangements when appropriate for United Nations personnel toaccompany the police forces in the discharge of their duties". 41. The Secretary-General has been assured that monitoring by UNTAG of the existing police forceswill be fully facilitated. The organizational and deployment frnat of UNTAGpolice monitors will follow that of the existing police forces. They will comeunder the authority of the Special Representative of the SecretaryGeneral from hisheadquarters at Windhoek and will operate through a number of districtheadquarters situated throughout the Territory. Each district will have severalsubstations or posts at strategic locations. The number of district and substationswill be approximately 30. This number will be kept under constant review. Thestations from which UNTTAG police monitors will operate will be so located asto enable them to visit all existing police stations in the Territory. UNTAG police

monitors will be highly mobile and will also exercise a general overview in regardto the maintenance of law and order in the Territory, in accordance with themandate of the Special Representative of the Secretary-General. 42. In theSecretary-General's report of 29 August 1978 it was indicated that approximately360 police monitors, who would be professional policemen seconded byGovernments, would be required. The then existing police forces numbered closeto 3,000. In his explanatory statement of 28 September 1978 the Secretary-General said that concern had been expressed as to whether the number of UnitedNations personnel to monitor the police was appropriate to the tasks they wereexpected to perform. He announced that he would keep the question undercontinuous review. The concern of the Council hasPAGE 51

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 5346. It is clear that many of the tasks enumerated in paragraph 43 above will stillbe required. These include the monitoring of the dismantling of the citizen forces,commando units and ethnic forces, including SVATF, monitoring SADF forces inNamibia, as well as SWkAPO forces in neighbouring c9untries, and thesupervision and security of installations in the northern border area (i.e. items b, c,d, e and g in paragraph 43). These tasks are clearly defined, in the sense that thenumbers and locations of the personnel and sites to be monitored or secured areknown. It is thus-possible to make a reasonably exact estimate of the numbers ofUnited Nations military personnel who will be required. Most of these tasks canbe performed by military observers, although armed troops will be required forsome of them, notably the guarding of installations in the north and the safecustody of the arms of the citizen forces, commando units and ethnic forces,including SWATF, after these have been deposited in agreed locations. 47. 1should like to take this opportunity to clarify paragraph 25 of the Secretay-General's report of 29 August 1978 (S/12827) where it is stated that "the militarycomponent, including the monitors, will be provided with weapons of a defensivecharacter' Many of the functions assigned to the "monitors" in the UNTAGoperational plan are in fact those performed by unarmed military observers inother United Nations peace-keeping operations. In accordance, therefore, withstandard peace-keeping practice, the military observers deployed with UNTAGwill not carry weapons. 48. The other tasks enumerated in paragraph 43 above arethe monitoring of the cessation of all hostile acts, border surveillance and theprevention of infiltration. By definition, they require the military component ofUNTAG to be very extensively deployed at strategic points along the length ofthe borders and to maintain a highly mobile reserve to react to any hostile actswhich might take place during the transition period. Much of the requirement forinfantry in the present plan for UNTAG is attributable to these tasks. 49. On 20December 1988 1 received a visit from the permanent representatives of the fivepermanent members of the Security Council. They informed me that they stronglysupported the efforts of the Secretary-General and his staff to help to facilitate theindependence of Namibia. They believed that the two agreements to be signed on

22 December at United Nations Headquarters would lead to Namibianindependence on 1 April 1990. In this respect, UNTAG would play a crucial role.In order to obtain the necessary support, the five permanent members believed itwas necessary to re-examine the plan for UNTAG, taking into account positivedevelopment. in the south-western Africa peace process. as reflected in the above-mentioned agreements. They were convinced that UNTAG could carr out itsprimary function-to ensure free and fair elections-in a substantially moreeconomical manner. The permanent members therefore hoped that I would begina thorough review of existing UNTAG plans. particularly with respect to the sizeof the military component to be deployed, in order to achieve the maximumreduction in costs. This review, they stated, would be completely consistent withthe letter and the spirit of resolution 4350978) and reports which I myself hadmade to the Council concerning the point that the actual size of UNTAG shouldreflect the prevailing political situation in the area. In subsequent contacts withrepresentatives of the permanent members, it was pointed out by them that, underthe special scale of assessments for peace-keeping operations, they would beresponsible for 57 per cent of the costs of UNTAG and that the establishment ofan operation larger than they thought necessary would both put in question thefinancing of that operation and jeopardize the prospects for other peace-keepingoperations in the future. S& On 21 December 1988 1 received a visit from thepermanent representatives of a number of non-aligned countries, led by thePermanent Representative of Zimbabwe in his capacity as representative of theChairman of the Movement of Non-Aligned Countries, and including the non-aligned members of the Security Council, the front-line States and Nigeria andSWAPO. The Permanent Representative of Zimbabwe stated that, in the view ofthe non-aligned countries, the Secretary-General needed effective means tosupervise and control elections in Namibia in accordance with resolution435(1978); the situation in Namibia had become more complex since 1978,notably because of the consolidation of the South African military, police andadministrative presence; this led the non-aligned countries to conclude that, ifanything, there was a need for an increase in the military component of UNTAG;but it was not their wish to renegotiate the existing settlement plan. In thisconnection, the Permanent Representative of Zimbabwe expressed gravereservations about moves to tamper with the military component of UNTAG,because such a move would violate Security Council resolution 435(1978) andwould compromise the Secretary-General's ability to conduct free and fairelections in Namibia. In a communication addressed to me on 23 December 1988,President Robert Mugabe of Zimbabwe, Chairman of the Movement of Non-Aligned Countries, reiterated to me the concerns of the non-aligned countries inregard to the reduction of the military component of UNTAG as a costsavingmeasure. A ministerial delegation of the front-lineREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 53

DAVF ':4 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE

States, comprising the foreign ministers of Botswana. Mozambique and Zambia.also expressed similar concerns to me when I met with them on 6 January 1989.51. Throughout my contacts with the permanent members and with the non-aligned countries, I consistently stressed that resolution 4350978) had approved acertain level of resources to enable the SecretaryGeneral to carry out the militarytasks assigned to UNTAG in the 1978 settlement proposal. If it v-as the SecurityCouncil's wish that fewer resources should now be made available for UNTAG,the Council should indicate which of the tasks in the settlement proposal were nolonger required. I urged the need for consultations between the members of theCouncil for this purpose. 52. Resolution 629(1989) represented a compromisewhich was achieved with some difficulty and which did not fully resolve thedifferences between the proponents of the two points of view described above norclearly eliminate any of the tasks assigned to UNTAG. The differences revolveround the question of how much confidence is to be placed in the readiness of thevarious parties to the proposed settlement in south-western Africa to honour thecommitments, formal and informal, which they have entered into Wis-i-vis eachother and vish-sis the United Nations. As Secretary-General, I have to assume, inthis as in other cases, that all the parties will honour the commitments which theyhave solemnly entered into; indeed, no operation of this kind can succeed withoutthe full co-operation of all the parties. In the present circumstances the Secretary-General is obliged to advise the Council that, after so much progress has beenachieved and when the independence of Namibia is at last in sight, it would be atragedy if this question of confidence and the resulting differences within theCouncil were to cause further delay, thus seriously jeopardizing the emplacementof UNTAG by I April 1989, the date on which the Council has already decidedthat the implementation of resolution 435(1978) should begin.53. Since resolution 629(1989) was adopted, I have pursued consultations with allthe parties concerned. Their views have been taken into account in the preparationof this report. But as members of the Security Council are aware, it has not beenpossible to reconcile the opposing viewpoints descnrbed above. At the same time,all concerned are determined that implementation of the United Nations plan forNanubia should begin on 1 April 1989. I have therefore thought it right to submitto the Council a concept of operations which will not be wholly satisfactory toeither side, nor to me, but which offers the best available prospect of fulfilling mymandate of ensuring the early independence of Namibia through freeand fair elections under the supervision and control of the United Nations, whileat the same time enjoying the necessar) financial support of the members of theOrganization Such a concept of operations is set out in the next paragraph. Inputting it together I have taken into account the following:a. The paramount need for UNTAG to be capable, and to be seen to be capable, ofensuring the full implementation of resolution 435(1978), including, above all. thecreation of conditions which will permit free and fair elections;b. The repeated assurances which I have received from the neighbouringcountries, including South Africa, that, in accordance with paragraph 12 of thesettlement proposal (S/12636), they will ensure to the best of their abilities thatthe provisions of the transitional arrangements, and the outcome of the election,

are respected and that they will afford the necessary facilities to my SpecialRepresentative and all United Nations personnel to carry out their assignedfunctions and to facilitate such measures as may be desirable for ensuringtranquillity in the border areas;c. The views expressed by some members of the Council that recent progress inthe south-western Africa peace process has reduced the need for the tasks ofborder surveillance and the prevention of infiltration;d. The feasibility which has now emerged of consolidating UNTAG's operationsby grouping geographically tasks assigned to the military component of UNTAGand assigning a variety of tasks to each unit, whether infantry or militaryobservers, including assisting in ensuring the safe return of refugees;e. The feasibility of assigning to military observers some tasks which hadpreviously been reserved for the infantry, without impairing the operationalefficiency of the Force;L Increasing the ratio of operational troops toheadquarters and administrative staffs, by increasing the size of the infantrybattalions. 54. Taking these factors into account, the concept of operations whichI recommend to the Security Council is as follows:a. The Force Commander would concentrate on the tasks of monitoring thedisbandment of the citizen forces, commando units and ethnic forces, includingSWATF, monitoring SADF forces in Namibia, as well as SWAPO forces inneighbouring countries and supervising and securing installations in the northernborder area (i.e. the tasks listed in subparagraphs b, c, d, e and g of paragraph 43above);b. The authorized upper limit for the military component of UNTAG wouldremain at 7,500;PAr-E 54PA ';.g gA.REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

RFPRODIJC~D RY TUF NAMIRIA COMMLINICATION5 CENTRFPAGE 55c. Three enlarged infantry battalions, each averaging 850 all ranks, would bedeployed initially, with the other battalions being held in reserve. This wouldprovide as many operational troops as five battalions of the size envisaged in theearlier deployment plan, but with the overall numbers being reduced because ofthe regrouping of the operational troops, and the consequent elimination of someheadquarters and administrative elements;d. To permit the transfer of certain tasks from infantry to military observers, the-military observer element deployed initially would be increased from 200 to 300officers;e. The logistic elements deployed initially would total about 1,700 all ranks andwould be appropriate for a force of three enlarged infantry battalions and 300military observers, taking into account also the need for the military logisticelements to support the civilian component;

f. Budgetary provisions would at this stage be presented to the General Assemblyon the basis of a military component of 4,650 consisting of three enlarged infantrybattalions, 300 military observers, about 1,700 logistic troops and headquartersstaff of about 100, all ranks;g. If it should become apparent during the course of the transitional period that amilitary component of this size was insufficient to assist my SpecialRepresentative in carrying out his mandate of ensuring the early independence ofNamibia through free and fair elections under the supervision and control of theUnited Nations and that there was a real need for additional military personnel,the Secretary-General would so inform the Security Council and, subject to therebeing no objection from'the Council, would deploy as many of the reservebattalions, with appropriate logistic elements, as he judged to be necessary. Iwould seek urgent financial provision from the General Assembly for thisadditional deployment. I trust that, under such circumstances, I could count on thesupport of all members of the Council, particularly its permanent members, tohelp to meet the logistic commitments involved in an urgent deployment of thiskind, including assistance with airlift to the mission area as a voluntarycontribution. 55. If the Security Council decides to approve the implementation ofresolution 435(1978) on the above basis, the estimated cost of the civilian andmilitary components of UNTAG will be approximately $416 million, excludingthe cost of the operation of the Office of the United Nations High Commissionerfor Refugees (UNHCR) for the return of Namibians currently in exile, for which Iintend to launch a separate appeal. This isinevitably a preliminary figure based on information currend) available and on theexperience of United Nations peace-keeping operations; it may be subject torevision once UNTAG has been launched. It is based on the assumptions that:a. Member States providing infantry battalions and logistic units or police officersfor UNTAG will be reimbursed on the same basis as those which contributetroops to the United Nations Disengagement Observer Force (UNDOF) and theUnited Nations Interim Force in Lebanon (UNIFIL);b. Member States will not be reimbursed for troop costs or other costs during theperiod that battalions or other units are held in reserve in their home countries;c. Military observers and electoral supervisors assigned to UNTAG will be madeavailable by the Member States concerned on the same basis as observersprovided to the United Nations Truce Supervision Organization (UNTSO).56 It is also necessary to emphasize that the estimate in the preceding paragraph isbased on the assumption that UNTAG will purchase goods and services fromlocal sources of supply in southern Africa whenever these are more economicalthan sources of supply elsewhere. Any other assumption will call into question thefeasibility of the operation in the time-scale already decided by the Council, aswell as increasing its cost. S7. It is recommended that the costs of UNTAG shouldbe considered as expenses of the Organization to be borne by the Member Statesin accordance with Article 17, paragraph 2, of the Charter. It is my intention alsoto recommend to the General Assembly that the assessments to be levied onMember States be credited to a special account which would be established forthis purpose.

58 If the Security Council decides to proceed on the basis recommended above, Iwill do everything possible to have UNTAG in place and operational by 1 April1989. My .ability to achieve this will, however, depend crucially on theavailability of the major financial resources which will be needed immediately tomeet the expenses of the set-up phase of UNTAG. It will be essential, therefore,for the General Assembly to take very early action to appropriate the necessaryfunds for the financing of UNTAG and for Member States thereafter to pay theirassessments without delay. The latest experience gained in connection with thepayment of assessed contributions for an operation which was recently establishedby the Council has shown that, at the end of the assessed period, the rate ofpayment was less than 56 per cent of the amount apportioned. In light of theseconsiderations, I shall appeal to Member StatesRt:PROIQU rEQ aY T14E NIAMIRIA CMMIIJAA TIN q rFTRF:PAGE 55

~~AP~~~ ~~RPRODUCED~f BY TI.W AMAIRI CO MUNICATIAAI'CENRTREto make advances, on a voluntary basis, to meet the initial expenses of UNTAGpending formal action by the General Assembly. These advances will be repaid assoon as it has been determined that sufficient assessed contributions have beencollected. I shall also appeal to Member States to make voluntary contributions,both in cash and in kind, to UNTAG. 59. A large number of Governments havealready expressed their interest in providing military personnel for UNTAG,whether infantry battalions or military observers or logistic units. As soon as theCouncil has decided to proceed as recommended in this report, I shall finalize myproposals for the composition of the military component and, after consulting theparties, I will seek the Council's agreement to my proposals. Members of theCouncil will recall that the appointment of the Force Commander, Lieutenant-General Prem Chand (India), has already been approved by the Council (S/13862,para. 5).60. As regards the cease-fire envisaged in resolution 435 (1978), both SouthAfrica and SWAPO agreed to a de facto cessation of hostilities, with effect from10 August 1988, as provided for in the Geneva Protocol of 5 August 198& It wasforeseen in resolution 435(1978) that the cease-fire between South Africa andSWAPO would take effect on the date of the beginning of implementation of thesettlement plan. I accordingly intend to send identical letters, at the appropriatetime, to South Africa and SWAPO proposing a specific date and hour for theformal cease-fire to begin. In those letters I will also request both panics to informme in writing, by a specific date, of their agreement to abide by the formal cease-fre. Meanwhile I appeal to all the parties to exercise maximum restraint and torefrain from any actions which might jeopardize the present de facto cessation ofhostilities or implementation of the settlement plan. 61. In conclusion, I wouldlike to emphasize that, as members of the Council are aware, resolution 435(1978)entrusts to the Secretary-General a wide range of responsibilities in connectionwith the supervision and control of free and fair elections in Namibia. Myofficials and I will be required to act with complete impartiality in carrying out

these tasks. The same will be expected from the Administrator-General and allother officials in the Territory. The successful implementation of Security Councilresolution 435(1978) will depend upon the cooperation of all parties concerned aswell as of the international community as a whole. As far as my ownresponsibilities are concerned, I trust that I can count on all Member States, andon my colleagues in the United Nations system, for their co-operation in enablingthe United Nations family as a whole to meet its responsibilities to the people ofNamibia in accordance with the United Nations plan.AnnexPrinciples for a Peaceful Settlement in South-western AfricaThe Governments of the People's Republic ofAngola, the Republic of Cuba and the Republic of South Africa have reachedagreement on a set of essential principles to establish the basis for peace in thesouthwestern region of Africa. They recognize that each of these principles isindispensable to a comprehensive settlement.A. Implementation of resolution 435(1978) of the Security Council of the UnitedNations. The parties shall agree upon and recommend to the Secretary-General ofthe United Nations a date for the commencement of implementation of UnitedNations Security Council resolution 435(1978).B. The Governments of the People's Republic of Angola and of the Republic ofSouth Africa shall, in conformity with the dispositions of resolution 435(1978) ofthe Security Council of the United Nations, co-operate with the Secretary-Generalwith a view towards ensuring the independence of Namibia through free and fairelections, abstaining from any action that could prevent the execution of saidresolution.C. Redeployment towards the north and the staged and total withdrawal of Cubantroops from the territory of the People's Republic of Angola on the basis of anagreement between the People's Republic of Angola and the Republic ofCuba.and the decision of both States to solicit the on-site verification of thatwithdrawal by the Security Council of the United Nations.ID. Respect for the sovereignty, sovereign equality and independence of Statesand for territorial integrity and inviolability of br-ders.E. Non-interference in the internal affairs of States.F. Abstention from the threat and utilization offorce against the territorial integrity and independence of States.n A -I1C Cr.l

DrDBrInhIrrr% OV TUC AlA LAIDIA rf~IAaAIIAIirATIf1Aw ,rANThrIfl-Irfl.alll tI U N I11. 1DMVflEVU ut L.NIVUIVttIVtfl I Nt/NIV.) LCNV In I I'.tJr 21G. The acceptance of the responsibility of States not to allow their territory to beused for acts of war. aggression. or violence against other States.H. Reaffirmation of the right of the peoples of the south-western region of Africato self-determination, independence, and equality of rights.I. Verification and monitoring of compliance with the obligations resulting fromthe agreements that may be established.

J. Commitment to comply in good faith with the obligations undertaken in theagreements that may be established and to resolve the differences vianegotiations.K. Recognition of the role of the permanentmembers of the Security Council of the United Nations as guarantors for theimplementation of agreements that may be established.L. The right of each State to peace, development and social progress.M. African and international co-operation for the settlement of the problems ofthe development of the south-western region of Africa.N. Recognition of the mediating role of the Government of the United States ofAmerica.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRENamibia: S/20457Explanatory Statement by the Secretary-General (S/20457) concerning his FurtherReport (S120412) concerning the Implementation of Security Council Resolutions435(1978) and 439(1978) concerning the Question of Namibia, 9 February 19891. On 23 January 1989, 1 submitted to the Security Council a further report(S/20412) on the question of Namibia. Part II of the report was submitted inpursuance of Security Council resolution 629(1989).2. The report contained my recommen.ations for the implementation of the UnitedNations plan for Namibia with effect from 1 April 1989, as decided by theSecurity Council in paragraph I of its resolution 629(1989). In preparing myreport I was conscious of the urgent need for the Council to adopt, without furtherdelay, the necessary enabling resolution so that this date could be met. Therecommendations in my report were intended to aid the Security Council to takethis decision. We are now very close to the absolute minimum lead-time requiredfor the effective mobilization of the United Nations Transition Assistance Group(UNTAG) and its emplacement in Namibia.3. Since the submission of my report, I have held extensive consultations with thevarious parties. During these consultations concerns were raised about some ofthe recommendations contained in my report. I should like to address theseconcerns in this explanatory statement.4. In paragraph 54 of my report, I recommended to the Security Council a conceptof operations which in the circumstances seemed to me to offer the best availableprospect of ensuring the early independence of Namibia through free and fairelections in accordance with the timing decided by the Council. I should like toreiterate that, under this concept of operations, the authorized upper limit for themilitary component of UNTAG would remain at 7,500, as stipulated in theexplanatory statement of 28 September 1978 (S/12869) and approved by theSecurity Council in its resolution 435(1978). While confirming this fundamentalprovision for the military component of UNTAG, I recommended to the SecurityCouncil that budgetary provisions should at this stage bepresented to the General Assembly on the basis of a military component of 4,650personnel consisting of three enlarged infantry battalions, 300 military observers,about 1,700 logistic troops and headquarters staff of about 100, all ranks. These

would be the number of troops initially deployed in Namibia while at the sametime the figure of 7,500 would be maintained as the authorized upper limit of themilitary component. The three enlarged battalions would provide the ForceCommander with 15 line companies (i.e. troops available for operational duties inthe field), which is only three fewer than the 18 line companies which would havebeen provided by the six smaller battalions envisaged in the earlier deploymentplan. Under the concept of operations outlined in my report, the reserve battalionswould be available at short notice for service in Namibia, in order to meet anyunforeseen developments in regard to the overall mandate of UNTAG.5. The mandate of the military component of UNTAG. as approved in SecurityCouncil resolution 435(1978), remains unchanged. Paragraph 54a of my reportspecifies only the tasks on which it is envisaged that the Force Commander wouldconcentrate. No tasks have been eliminated. Moreover, final and definitivedecisions concerning functional priorities and deployment can be taken only inthe light of the circumstances prevalent at the time of implementation. In thisconnection. I intend to keep under constant review throughout the transitionalperiod both the deployment of the military component of UNTAG and its size inrelation to its ability to carry out its full mandate in the actual situation on theground. I will not fail to inform the Security Council if the situation requires thedeployment of additional military personnel to Namibia. I have been assured byall the members of the Security Council, including the permanent members. thatthe) will extend their fullest cooperation to me in terms of paragraph 54g of myreportUnited NationsPAGE 58

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 59and that they will respond promptly to any need for additional military personnelwhich I might deem warranted, up to the authorized upper limit of 7,500.6. In paragraph 47 of my report I stated that, in accordance with standard peace-keeping practice, the military observers deployed with UNTAG will not carryweapons. Following representations made to me by a number of delegations, Ihave decided to make an exception to this standard peace-keeping practice andhave accordingly given the Force Commander of UNTAG discretion to authorizethe military observers deployed with UNTAG to carry weapons of a defensivecharacter. as and when necessary.7. In paragraph 55 of my report, I stated that the estimated cost of the civilian andmilitary components of UNTAG will be approximately $416 million, excludingthe cost of the operation of the Office of the United Nations High Commissionerfor Refugees for the return of Namibians currently in exile, for which I intend tolaunch a separate appeal. This statement was based on my judgement that such anappeal would be the best means of securing the necessary funding in time.Concern has been expressed that a separate appeal of this naturemight not raise adequate funding in time for the operation of the HighCommissioner and that this in turn could delay the early return of Namibians

currently in exile to participate in the electoral process. I continue to believe thatthese fears are unfounded but I will not hesitate to recommend alternativearrangements if. contrary to my expectations, there is a shortfall in funding for theoperations of the High Commissioner. These will be conducted as an integral partof the UNTAG operation under the relevant provisions of the United Nationsplan.&I remain convinced that the recommendations contained in my report, asclarified by this explanatory statement, offer the best available prospect offulfilling my mandate of ensuring the early independence of Namibia through freeand fair elections under the supervision and control of the United Nations, whileat the same time enjoying the necessary financial support of members of theOrganization. It is my fervent hope that the Security Council can now proceed toapprove my report and thus make its final determination for the emplacement ofUNTAG in Namibia on I April 1989 in accordance with the decision it hasalready taken.REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 59

PAGE 60 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENamibia: Resolution 632Security Council Resolution 632(1989) of 16 February 1989The Security Council,Reaffirming its relevant resolutions, in particular, resolutions 431(1978) of 27July 1978, 435(1978) of29 September 1978 and also 629(1989) of 16 January 1989,Further reaffirming that the United Nations plan contained in its resolution435(1978) remains the only internationally accepted basis for the peacefulsettlement of the Namibian question,Confirming its decision contained in paragraph 1 of resolution 629(1989) of 16January 1989 that1 April 1989 shall be the date on which implementation of resolution 435(1978)will begin,Having considered the report submitted by the Secretary-General (S/20412) andhis explanatory statement of9 February 1989 (S/20457),Taking into account the assurances given to the Secretary-General by all itsmembers as contained inparagraph 5 of his explanatory statement,Reaffirming the legal responsibility of the United Nations over Namibia untilindependence,1. Approves the report of the Secretary-General (S/20412) and his explanatorystatement (S/20457) for theimplementation of the United Nations plan for Namibia;2. Decides to implement its resolution 435(1978) of 29 September 1978 in itsoriginal and definitive form

to ensure conditions in Namibia which will allow the Nanibian people toparticipate freely and without intimidation in the electoral process under thesupervision and control of the United Nations leading to early independenceof the Territory;3. Expresses its full support for and co-operation with the Secretary-General incarrying out the mandateentrusted to him by the Security Council under its resolution 435(1978);4. Calls upon all parties concerned to honour their commitments to the UnitedNations plan and to cooperate fully with the Secretary-General in theimplementation of the present resolution;5. Requests the Secretary-General to keep the Security Council fully informed onthe implementation ofthe present resolution.

NAMIBIAESSENTIAL DOCUMENTS OF THE UNITED NATIONS' INDEPENDENCEPLAN1976-89Section 2

zzROIJF BV TH AII OMNCTOSCNR AE6UNITED NATIONSSECURITY COUNCILDistr. GE1VAL S/128418 September 1978 ORIGINAL: ENGLISHLETTER DATED 8 SEPTER 1978 FROM THE ?ERMAWM7T REPRES-rrTATIVESOF THE UNITED REPUBLIC OF TANZANIA AND ZAMBIA TO THEU7ITED NATIONS ADDRESSED TO THE SECRETARY-GEnERALWe have the honour to enclose herewith the text of the letter dated8 September 1978, addressed to Your Excellency by the President of the SouthWest Africa People's Organization, Mr. Sam Vujoma. The letter deals with thevarious aspects of your report submitted.pursuant to paragraph 2 of SecurityCouncil resolution 431 (1978) concerning the situation in Namibia (S/12827).We should be grateful if the said letter could be circulated as soon as possible as adocument of the Security Council.(Sin) Salim Ahmed SALIMPermanent Representative of the United Republic of Tanzania tothe United NationsChairman of the Special Comittee onthe Situation with Regard to the Implementation of the Declaration onthe Granting of Independence toColonial Countries and Peoples78-19348(Signed) Gvendoline KONIEPermanent Representativo of Zambia to the United Nations

President of United NationsCouncil for Namibia....RF'PROOUJCEQ BY THE NAMIBIA COMMUNIICATIONIS CENTREPAGE 61

DraDrr~Ih-rn DV TLW ADA AAIDDA fARAAAIAIrATW~AI~ C~AITPS r~ucUt 5~tC5~VLLJS.LL 05 5 flL 5Vfl51550'' **~~tJIW5flIS/12841EnglishAnnexPage 1AnnexLetter dated 8 September 1978 from the President of theSouth West Africa.People's Orianization addressed to the Secretary-General1. Further to the discussion we had with Your Excellency on Tuesday,5 September 1978, concerning the various aspects of your report contained indocument S/12827, I would like, on behalf of the Central Committee of SUAPOand in the name of the oppressed people of Namibia, to place on record thefollowing:2. The objective of the struggle of the people of 71aibia, under their NationalLiberation Ilovement, .S.APO, has always been and remains the total liberation ofour country. SWAPO, representine the aspirations of our people, has consistentlyfought for the attainment of this objective. Because of the intransigence andarrogance of the enemy which had blocked all possible peaceful avenues to ourcountry's independence, SWAPO was compelled to resort to the armed strug-le inorder to attain our objective. In the process, hundreds of our best sons anddaughters have sacrificed and are sacrificing their lives.3. But while carrying out the armed struggle, SAPO has always maintained theposition that whenever possibilities arose for a meaningful negotiated terminationto the illegal occupation of our country by the South African racists, SIAPOwould not hesitate to lend its support to such efforts. The history of our oimmovement in this direction is clear and requires no further elucidation. It was SAPO which encouraged and supported the African States as well as the othersupporters of our liberation struggle to promote efforts in the Security Councilwhich culminated in the adoption of Security Council resolution 385 (1976). Ithas also been SMAP0 which has never for one moment hesitated to encourageand support any and all efforts geared towards the implementation of this andother relevant resolutions of the United Nations Security Council and GeneralAssembly.4. It will be recalled that when the five Western members of the SecurityCouncil decided to embark on their initiative with a view to securing theimplementation of Security Council resolution 385 (1976), 61-.APO was notfound wanting in encouraging such efforts. Indeed, as you are aware, Mr.

SecretaryGeneral, SUAPO, has been one of the principal parties involved in thenegotiations on various occasions and in various places.5. For more than 15 months now, V..PO has been directly involved in thediplomatic exercise initiated by the five Vestern members of the Security Councilaimed at finding a basis for a genuine negotiated settlement for amibia. Ourattitude and contribution to this exercise has always been based on good faith,sincerity and an honest desire to help accelerate the process towards Namibia'sindependence.6. W.e have sought to remain firm and unsi:erving in defence of the inalienablerights, leaitimate aspirations and true interests of the oppressed people ofI ..OVrLIC AIAAAID rQAAAA"A--Ar1QMC rFAITREPAGE bZ

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREP~S/12841Enr'li shAnnexPage 2Namibia. At the same time, however, we have demonstrated flexibility and aspirit of compromise in order to ensure that progress is made.7. It is because ofS.-.APO's statesmanshir end willinness to make the necessaryconcessions that this exercise has reached the present stage.8. The joint comnuniqug issued in Luanda on 12 July 1978 by SWAPO and therepresentatives of the five Western Governments, marked a significant break-through in this diplomatic exercise.9. In Luanda, the two delegations were able to agree, for the first time, toproceed to the Security Council so that the decolonization process of Namibiacould be started. Had S17APO rejected the Western proposal because of certaindifficulties contained therein, it would have been impossible for the SecurityCouncil to have met. Thus, when the Western five took the initiative leading tothe Security Council meeting on 27 July 1978, SUAPO supported and encouragedits friends and supporters, Africans and non-Africans, to go along with theadoption of Security Council resolution 431 (1978). Clearly, Mr. Secretary-General, all these efforts by SWAPO were undertaken in the firm conviction thatwhereverit was possible to attain the objectives for which our people have been fightingwith the minimum of bloodshed and sacrifice, that course of action should beembarked upon. This principled position of SWAPO is also in keeping with ourfirmly held view that negotiation is an indispensable and equally importantelement of the struggle of any people fighting for its liberation.10. S .APO has studied your report contained in document S/12827 submittedpursuant to paragraph 2 of Security Council resolution 431 (1978). We have takennote of the fact that this report was prepared after a survey mission led by yourSpecial Representative, Mr. Ahtisaari. W-e have also noted the careful and

reasoned way in which this report has been written. SWAPO wishes to commendyour efforts and those of your Special Representative and his colleagues forhaving produced this report.11. In general, SUAPO, having studied this report, wishes to declare its supportfor the same. Rowever, there are some specific areas of concern which we wish tounderline. Our support for this report is therefore based on the understanding thatthe areas of concern would be overcome.12. Our major area of concern is the question of registration of voters. Fe havenoted that the Secretary-General's report is silent on this question. At the sametime, however, we wish to draw your attention to paragraph 6 of the proposal ofthe Western five (S/12636) which, inter alia, stipulates that "the implementationof the election process, including the proper registration of voters and the properand timely tabulation and publication of voting results will also have to beconducted to the satisfaction of the Special Representative". Despite thisprovision, it is a known fact that the South African racists have continued with theunilateral registration of voters. They have done so despite the opposition firmlyexpressed by the United Nations. Clearly, therefore, thePAGE63PAGI 6:

~AV~ CA DCDDnnr'iCr OV TLIC AlA AAID r f'AAAfi-~AT7flAI f'CAITPS/1284lEnglishAnnexPage 3South African illegal racist rdgire began to interfere with the election process longbefore the anticipated beginning of the transition period. Their unilateral actionwas a calculated, defiance of the United !Yations position. It was also a rebuff tothe spirit and letter of the 'Jestern proposal on this question. But our concern is notonly related to the South African defiance because by now theinternational community has come to expect such systematic acts of defiance. Ourconcern derives from the fact that in undertaking the unilateral registration ofvoters, the South African racist authorities have engaged in acts of harassment,intimidation and victimization of many Namibians. They have also engaged incalculated frauds by registering some people who are not Namibians. Clearly,therefore, the South African illegal regime, through the process ofunilateral registration, has tried and is trying to create conditions most favourableto its own ulterior designs in Namibia. S.APO cannot accept this situation.13. SWAFO, which derives its legitimacy from the overwhelming support of thepeople of Namibia, has always maintained that we are prepared for free and fairelections in the territory. For such elections to be held, a climate of confidence,free of fraud, intimidation and harassment, must be created. It is on that basis thatSWTAPO has supported one of the fundamental provisions of Security Councilresolution 385 (1976), that is to say, the holding of elections under United Nationssupervision and control. And it is for the same reason that we cannot accept a

situation where South Africa is trying to create further faits accomplis in theTerritory and attempting to pre-empt the legitimate expression of the people ofNamibia. We would therefore insist that this question of registration should belooked at afresh and we would prefer that a new registration of voters beundertaken immediately upon the beginning of the transition process.14. We have studied the sections of the report dealing with the composition,power and functions of UNTAG (paras. 21-34 of your report). We are satisfiedwith the provisions concerning the military component. I!e consider, for example,the proposed strength of the force, as contained in paragraph 26 of your report, tobe both realistic and sound, considering the special circumstances that prevail inNamibia. We have taken note of the fact that we shall be consulted concerning thecomposition of this force. Ue have some definite views which we have alreadybrought to your attention in the course of several meetings that we have had withyou.15. We are concerned with the provision of paragraph 30 in respect of the civilpolice element of UNTAG. Fe would like to point out that in not objecting to theprovision that the existing police force, which will be provided only with sidearms, will be responsible for normal police duties during the period of transition,we took that position on the clear understanding that the United Nations policewill effectively monitor the performance of the existing police. Such monitoringwould include the assurance that they behave in an acceptable manner so as toensure that no intimidation, harassment or victimization takes place. In the courseof the negotiations, we had been assured by the Western five that United Nationspolice officers would accom;any existing South African police whenever andBA -C A

REPRODUCED BY THE NAMIBIA COMMUNIcATIONS CENTREPAGE 65S/12841Eng i shAnnexPage 4wherever the United Nations Special Representative deemed it necessary for themto do so. We therefore believe that in the fulfilment of these responsibilities,the number proposed in your report, that is to say approximately 360-exneriencedpolice officers, will not be adequate. We would definitely prefer a significantlyhigher number. In making this point, we wish to stress once again the need tocreate a climate of confidence in the Territory so that the people of Namibia candecide for themselves their ultimate destiny, free from the ontoipresentharassment, intimidation and victimization by their South African oppressors.16. Another major area which we wish to address ourselves to is the question ofcessation of hostilities (referred to in para. 14 (a) of your report). It should, in thisconnexion, be noted that the very nature of the South African occupation r6gimeis based on violence against our people and persistent aggression againstindependent African States. The South African r6gime has never stopped orrelaxed its repressive violence against Namibians internally and its naked

aggression against Angola and Zambia. The South African rigime must put animmediate end to its murders of Namibians, including women and children, asthey did in their massacre at Kassinga. The international community and moreparticularly the Security Council should see to it that South Africa's notoriouslawlessness is brought to a halt.17. SWAPO has taken up arms to resist.the violence and repression of theoccupying forces. When conditions can be created for putting an end to thatviolence, the necessity for the continuation of the armed struggle will no longer bethere. You will recall, Mr. Secretary-General, that at our meeting with you onTuesday,5 September 1978, we made it very clear that we attach the utmost importance tothe scrupulous honouring of the cease-fire. In this connexion, we had proposedthat a formal and binding instrument be signed by SUAPO and South Africa.Such a cease-fire agreement is logical and necessary to avoid furtherconfrontations and to ensure a scrupulous observance of the provisions of thecease-fire. We hereby reiterate our readiness to sign the agreement provided thatthe South African r6gime does the same. We would also propose that theagreement be authenticated by the Secretary-General. This is a furtherdemonstration of our good faith and commitment to seriously honour and abideby the resolution of the Security Council aimed at implementing the proposal inaccordance with resolution 385 (1976).18. One last area u hich we wish to place on record is our understanding, inrespect of the role, duties and powers of the United Nations SpecialRepresentative. 7-e take note that these have been partly defined both in theproposal of the Uestern five and in your report. The Western five and you, Mr.Secretary-General, know our position on this. We would have preferred that thewhole operation leading Namibia to independence be handled by the UnitedNations. 1e would have preferred to see the role of the United NTations SpecialRepresentative more clearly defined to include that he would see to it thatNamibia attains genuine freedom and that during the period of transition it wouldbe his role to ensure the fair and honest preservation of security, law and order. Inany case, we wish to stress that it is our understanding that at any time the UnitedNations Special Representative is not satisfied with any action or measureadopted by the"Administrator-General", that action or measure will not be effected.I...PAGE 65REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUCED RY THE kA MIBIA COMMUNICATIONS CENTRES/12841English.AnnexPage 519. With the above understanding, STYAPO accepts the Secretary-General'sreport and pledges its full co-operation for a speedy action by the Security

Council. In so doing, SWAPO is conscious that it is fulfilling its historicalresponsibilities as the leritimate and authentic representative of our people.20. I should be most grateful if you would arrange for the circulation of this letteras a document of the United Nations Security Council.(Signed) Sam IJOUM-.PresidentPA .I RRPAGE66

in rrn. wW1-. DV UCAA M AIDIA t r AAA"AllrAc ., CJ f.AITDC DAI t 7n~~~~~~~~~~rn~~~~~~~~- iJ .t.97 ua.~,~in. ~ nn.,u S ,u a.,UNITED NATIONS Distr.GEN-MALSE C U R IT Y ''SECUITYS/12853CO0U NC IL 20 September 1978ORIGINAL: ENGLISHLETTER DATED 20 SEPTEMER 1978 FROM THE CHARGE D'AFFAIRESA.I. OF THE PERMIAMENT MISSION OF SOUTH AFRICA TO THEUNITED NATIONS ADDRESSED TO THE SECRETARY-GE RALI have the honour to attach for Your Excellency's attention a copy of the pressstatement issued this morning in Pretoria by the South African Prime Minister, theHon. B. J. Vorster, regarding South West Africa.I should be grateful if this letter and unnexure could be circulated as a documentof the Security Council.(Signed J. A. EKSTEENCharge d'Affaires78-20224.DA fZ l 7

F R .. . . .. ..R.PR0QUCFD BY TI-I..AMIIACOM.UNICATIONS CENTRES/12853EnglishAnnexPage 1AnnexTEXT OF A PRESS STATETENT BY TIE HON. B. J. VORSTER, PRIMEMINISTER OF SOUTH AFRICA, REGJ;RDING SOUTH WEST AFRICASouth West Africa never formed part of the territorial sovereignty of SouthAfrica. As from 1920 the Territory was administered as a Mandated Territory andafter the League of Nations was dissolved in 1946 successive South AfricanGovernments made it their policy to continue administering South West Africa inthe spirit of the Mandate, i.e. the Territory should be so administered as topromote to the utmost the material and moral well-being and the social progressof the inhabitants.

The emphasis has thus, as far as South Africa is concerned, throughout beenplaced on the furtherance of the interests of the inhabitants of South West Africa.This is also the reason why it is the Government's basic point of departure that theinhabitants of the Territory should themselves freely decide on their politicalfuture.This corner-stone of our policy was formulated as follows 10 years ago in anofficial publication, South West Africa Survey 1967, which was given world-widedistribution:"Lit is not7 necessary to embark on speculation as to what the ultimate futurepolitical pattern will be - i.e. whether and to what extent there may beamalgamations or unions of some kind, federation, comonwealth or commonmarket arrangements, etc. The peoples theselves will ultimately decide."These were indeed prophetic words, especially when it is taken into account thatthey were written in 1967. Thus the political future of the Territory lies in thehands of the inhabitants. All options are open to them. The South AfricanGovernment does not prescribe policy for South West Africa. Through the yearswe have honoured this commitment and encouraged and assisted the peoples ofSouth West Africa on the road to self-determination. In August 1976 the electedrepresentatives of the people of South West Africa requested independence by 31December 1978.In an effort to resolve the 31-year-old dispute with the United Nations over SouthWest Africa and also in the hope of realizing international recognition for anindependent South West Africa, the South African Government, 17 months ago,entered into negotiations with the five Western Powers in the Security Council.In these discussions efforts were made to resolve the issues of principle which hadin the past made a solution impossible. As stated by me in Windhoek in Iay 1975:Perhaps the South African position was not so far removed from that of theUnited Nations to make agreement impossible. Over the years the main elementsof the dispute centred around the following issues:PA I=/;R

D .Dl-I lh QV rfJJUAM l r &A"AII..ATIAA rAI .II 70I .S/12053EnglishAnnexPar-e 2A unitary State;Universal adult suffrae;The removal of discrimination based on colour;The holding of free and fair elections;The urgency of achieving independence;The right of all South West Africans to return to participate peacefully in thepolitical process;The release of detainees wherever held.South Africa has committed itself to doing all this and has already gone a longway towards making possible the realization of these goals.

It is therefore a cause of great concern and disappointment to the SouthAfrican Government that, in spite of what has been achieved and the clear wishesof the people of South West Africa, we are now caught up in arguments farremoved from the main questions of principle.I say this because as far back as 25 April 1978 my Government accepted theproposal of the five Western countries, in its final and definitive form, in goodfaith and in time to allow for the implementation of the proposed schedule leadingto independence. The people of South West Africa expected the earlyimplementation of the proposal and thereafter international recognition of anindependent South West Africa.In terms of Security Council resolution 431 (1978) dated 27 July 1978, adoptedon the Western proposal, the Secretary-General's Special Representative visitedSouth West Africa in August 1978 for the purpose of submitting a report on theimplementation of the proposal. During his visit he received the full co.-operationof the Administrator-General and the authorities concerned.The Secretary-General's report to the Security Council (S/12827), based on hisSpecial 3epresentative's recommendation, deviated substantially from theproposal of the Five. The most striking deviations concerned:The size of the United Nations military contingent;The introduction of a United Nations civil police component;The lack of consultation with the Administrator-General;The election date.I do not wish to refer extensively to these matters, since they have all been dealtwith in communications addressed by =j Foreign :inister to the SecretaryGeneraland the Five, as well as in discussions with them.DA gQ

DAI~ 7fl REPRODUCED BY THENAMIWACOMMUNICATIONS cENTRES/12C53incli 3h!_nneyxFa .e 3As far as the United Nations military component is concerned, it should bemade absolutely clear that never during the discussions tith the Five was a figurehig her than 3,000 ment,ioned by them, and South Africa for its part had indicatedthat it could not accept a figure exceeding 2,000. It will be appreciated that inthese circumstances the figure of 7,500 put forward by the Secretary-Generalcame not only as a surprise but also as a shock. Indeed, I am aware that those whohad been negotiating with us all this time must have been equally surprised. Thepeople of South West Africa are now being confronted in the Secretary-General'sreport with a military component which virtually amounts to an operationalpeacekeeping force or an occupation. force.South Africa's objection to this figure stems from the fact that the guidingprinciple in the Western proposal is the establishment of a visible peace. Under

such circumstances the need for a large military presence is obviated as, indeed,the Five pointed out to South Africa when they sought a reduction in our troopnumbers. By the same token the order of numbers now being suggested by theSecretary-General in his report is totally unacceptable to South Africa.During the lengthy negotiations the Five were repeatedly reminded of the politicaland psychological effect of such a large number of United Nations personnel onthe people of South West Africa. The impartiality of the United Nations isrendered suspect by the continued and sustained assistance to the South WestAfrica People's Organization (SWAPO) to the exclusion of all other politicalparties in South West Africa. Thus, for example, SWAPO is recognized by theUnited Nations General Assembly as "the sole and authentic representative" ofthe people of South West Africa and receives considerable financial assistance.Furthermore, it enjoys extensive facilities to beam propaganda to the Territoryand elsewhere. Indeed, the United Nations whole information system itselfsupports SWAPO.The proposal of the Five specifically defines that during the transitionalperiod the maintenance of law and order would rest with the existing policeforces. There is no provision in the proposal for a United Nations policecontingent as proposed in the Secretary-General's report, and while subsequentexchanges were somewhat reassuring in this regard, there is still an insistence onthe figure of 360 civil police - an unnecessarily high number.In the course of the negotiations with the Five, it was often stressed that theunderlying idea was that the Administrator-General and the Representative of theSecretary-General should, in keeping with the vital requirements of close co-operation and mutual trust, consult each other in many fields, including thecomposition and size of the United Nations military component. We receivedspecific assurances from the Five in this regard. Nevertheless, no suchconsultation took place in determining the figure of 7,500, nor has there as yetbeen any consultation on the composition of the United 'ations forces.The report of the Secretary-General does not offer arf real hope that it migh bepossible to reach consensus on the timing of elections in South West Africa. Ifact, it creates the impression that the date for elections is unitLportant.DAr-C 7nDA i .l= 7NREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

^Er -I zrn DV TUE AIA 1I8A ,nAAAAI AJI#1AJ-A11ItJ I roIe IAIr-C 71S/22353T"lishAnnexPag e 4A full three uonths lapsed after Scuth Africa's acceptance on 25 April before theproposal was, for the first time, referred to the Security Council. This in itselfmade it impossible to adhere to the prograrme envisaged for the electoral processand at the same time to observe the independence date. This delay was caused bythe intransigence-of S.,APO.

The Five tell us SWAPO has accepted their proposal. In fact only lastweek-end Ilujoma repudiated the proposal. The reason is that the proposalprovides for free elections in the Territory and SWAPO has no confidence that itcan win an election. SWAPO feels the only way it can assure itself of assumingpower is by disorder and violence. The proposal definitively provides forelections and incependence by 31 December at the latest and for a run-up periodof seven months before elections.As already stated, this programme was possible when South Africa accepted theproposal. The registration of voters, a long drawn-out process which SWAPOstrenuously opposed, has virtually been completed. The registration of voters isopposed by SWAPO and others despite South Africa's willinGness to allow theprocess to be fully examined by the United Nations. Again this testifies to thedelaying tactics of SWAPO.SWAPO wants to build up bases and supplies of weapons and to train terrorists toattack South Vest Africa.The firm intention of SWAPO is to keep on delaying elections. The people of theTerritory, horever, do not want to delay elections.I reiterate, South Africa has always accepted the principle that it is forthe people themselves to determine their own future. It is not for theSecretaryGeneral or the United Nations or any other entity to delay the processleading to self-determination and independence.South Africa accepted the proposal of the Five in good faith, but no cne can blamethe South African Government for being unwilling to accept extended andamended provisions of a proposal which was described to us as being final anddefinitive. Indeed, the Five pledged that they would stand by their proposal.During the past few days the most strenuous efforts were made by the SouthAfrican Foreign Minister and the Five to overcome the differences. Regrettablythese efforts have not succeeded. Wile the South African Government does notwish to close doors, it cannot allow this impasse to continue indefinitely.Bearing in mind the consequences of these developments for the people of SouthI.est Africa as well as those of southern Africa as a whole, the Government hasgiven its most serious attention to all the alternatives.The Cabinet, in its deliberations yesterday, concluded that the people of South lestAfrica, in accordance with their wishes, would have to be given the opportuuity toelect their own representatives. This will be done on the basisD ^ g . I:: "71

12oPAGE 72 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREE/12353Paz- 5of universal adult suffrage in county--ride elections in order to establishunequivocably who has the right to speek for the people of South West Africa.The people of South .est Africa have clearly si~mified their desire toexercise their inalienable right to self-determination and independence. Thus

more than C5 per cent of the estimated elirible voters in the Territory haveenthusiastically registered to vote, this notithstanding intimidation fromcertain quarters not to do so.All options remain open to them. We ,ill not prescribe to them.The body to be elected may:Decide to draw up a constitution or postpone the drafting thereof;Decide to proceed with the implementation of the proposal of the Five;Decide to accept the Secretary-General's report.They vill, of course, also be free to express themselves on numerous othermatters, Vhich will be dealt with in the relevant proclamation to be issuedshortly.

n~rrnn'.r[ LUIi IrF DV TI A- A I AIII flAAA-I A rlAi' nA11AC f.lTZ lEMF Cncrn ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - 73JLL I vf~l&alJ751 UV a. .4UNITED NATIONSDistr.GEFEPALS/12903C 0 U N CI L 21 October 1978ORIGINAL: ENGLISHREPORT BY THE SECRFTARY-GENERAL SUBMITTED PURSUAFT TOPARAGRAPH 7 OF SFCURITY COUNTCIL RESOLUTION 435 (1978)CONCERNING THE SITUATIO. IN NAMIBIA1. At its 2087th and 2088th meetings held on 29 and 30 September 1978, theSecurity Council considered my report submitted pursuant to paragraph 2 ofresolution 431 (1978) concerning the situation in Namibia (S/12827). The Councilalso had before it the text of an explanatory statement (S/12869) which I made atthe 2087th meeting.2. At its 2087th meeting, the Security Council adopted resolution 435 (1978), thetext of which reads as follows:"The Security Council,Recalling its resolutions 385 (1976) and 431 (1978), and 432 (1978),Having considered the report submitted by the Secretary-General pursuantto paragraph 2 of resolution 431 (1978) (S/12827) and his explanatory statementmade in the Security Council on 29 September 1978 (S/12869),Taking note of the relevant communications from the Covernment of SouthAfrica addressed to the Secretary-General,Taking note also of the letter dated 8 September 1978 from the Presidentof the South West Africa People's Organization (SWAPO) addressed to theSecretary-General (S/12841),Reaffirming the legal responsibility of the United Nations over Namibia,1. Approves the report of the Secretary-General (S/12827) for theimplementation of the proposal for a settlement of the Namibian situation(S/12636) and his explanatory statement (S/12869);2. Reiterates that its objective is the wdthdrawal of South Africa'sillegal administration of Namibia and the transfer of power to the people of

Pamibia with the assistance of the United Nations in accordance withresolution 385 (1976);78-23191PA 1::: 7

nAI~ 7ADCODnnflrt~n QV TUJC ADA AIDIA rARARI INIrATIQAICrMUTRES/12903EnglishPace 23. Decides to establish under its authority a United FationsTransition Assistance Group (UNTAG) in accordance with the above-mentionedreport of the Secretary-General for a period of up to 12 months in order toassist his Special Representative to carry out the mandate conferred upon him byparagraph 1 of Security Council resolution 431 (1978), namely, to ensure theearly independence of Nanibia through free and fair electionsunder the supervision and control of the United Nations;4. elcones S1APO's preparedness to co-operate in the implerentationof the Secretary-General's report, including its expressed readiness to signand observe the cease-fire provisions as manifested in the letter from thePresident of SWAPO dated 8 Septerber 1978 (S/12841);5. Calls on South Africa forthwith to co-operate with the SecretaryGeneral in theimplementation of this resolution;6. Declares that all unilateral measures taken by the illegaladministratnin a-ibia in relation to the electoral process, includingunilateral registration of voters, or transfer of power, in contravention ofSecurity Council resolutions 385 (1976), 431 (1978) and this resolution arenull and void;7. Peuests the S ecretary-eneral to report to the Security Councilno later than 23 October 1978 on the implementation of this resolution."3. The present report is submitted to the Security Council pursuant to paragraph7 of the above resolution.Establishlent of a United Nations Transition Assistance Group (NTTAG)4. In accordance with the Security Council's decision contained in paragraph 3 ofits resolution 435 (1978), and with the assistance of my Special Representative, Ihave initiated action in respect of a review of the necessary administrative andother arrangements regarding UNTAG as a whole, including the militarycomponent, within the context of my explanatory statement.5. tollowiaig the Council's decision, a small nucleus of Secretariat staff wasdetailed to assist the Special Representative in the performance of his duties atHeadquarters, pending further developments in relation to the full implenentationof Security Council resolution 435 (1978). The residual administrative andtechnical staff which remained in Windhoek after the return of the survey missionhas continued with the preparatory tasks assigned to it in regard to local

administrative arrangements for UNTAG. Throughout this period, I and mySpecial Representative have been making preliminary contacts with MemberStates and withthe specialized agencies and institutions associated with the United Nations,particularly in rerard to the availability of skilled personnel. In this regard,I wish to place on record my appreciation of the co-operative attitude of allconcerned.6. In addition, exploratory consultations with a number of Governments indicatethat national contingents of experienced civilian police, selected in accordance I..nA / _S "7A

DrDDrnnhrrn DV TUMAMRAr rntMICATInAAK T-REpPAGEF75S/12903EnglishPage 3writh the principle of eouitable geographical representation, could be madeavailable for service in Namibia as necessary.7. Further, as indicated in my ex-lanatory statement, I instructed my SpecialRepresentative to explore With the Governments of the African Statesneighbouring Namibia practical ways to facilitate his task. In consultations withthe Governments of Anrola, Potswana and Zambia, I and my SnecialRepresentative have received reiterated assurances of their fullest co-operation inthe implementation of resolution 435 (1978).'Question of co-ooeration b}, South Africa8. Immediately following the adoption by the Security Council of its resolution435 (1978), I communicated the text of the resolution to the Government of SouthAfrica. Further, at meetings held at my request on 30 September and 11 October1978 with the Chargg d'Affaires of the Republic of South Africa to the UnitedNations, I discussed questions concerning the implementation of resolution 435within the context of my explanatory statement.9. In addition, I entered into further consultations with the five Governmentswhich submitted the proposal for a settlement of the Namibia situation (S/12636),in the light of the assurances which they had given me of their continued goodoffices to facilitate the implementation of my mandate.10. The Foreign Ministers of the five Governments concerned, namely Canada,France, the Federal Republic of Germany, the United Kingdom of Great Britainandorthern Ireland and the United States of America, held discussions in Pretoriafrom 16 to 18 October 1978 with the Government of the Republic of South Africain regard to the implementation of Security Council resolution 435 (1978). Textsof official communications issued after these discussions have been circulated asSecurity Council documents S/12900 and S/12902 respectively.11. On 20 October, the Secretary of State for Foreign Affairs of Canada,

accompanied by representatives of the other four estern Governments, on behalfof their Foreign Ministers, informed me of the results of the talks in Pretoria,following which we had an exchange of views on the matter.In the light of these exchanges of views, I have initiated further consultations withothers concerned.12. Within the context of the mandate entrusted to me by Security Councilresolutions 431 (1978) and 435 (1978) respectively, I and my SpecialRepresentative are continuing with our endeavours in regard to the issuesconcerned, within the competence prescribed in the relevant Security Councildecisions.PA F 75

~~AI~~r 7C PQCDQfh~fr1av TI-4EAM1B COMRIUNARICAIATIONS CENTREUNITED NATIONSDistr.GENERALS/12938C O U N C I L 24 November 1978ORIGINAL: ENGLISHREPORT BY THE SECRETARY-GENERAL SUBMITTED PURSUANT TOPARAGRAPH 7 OF SECURITY COUNCIL RESOLUTION 439 (1978)CONCERNING THE SITUATION IN4 NAMIBIA1. At its 2092nd, 2094th, 2095th, 2096th, 2097th and 2098th meetings, heldbetween 31 October and 13 November 1978, the Security Council considered myreport submitted pursuant to paragraph 7 of resolution 435 (1978) concerning thesituation in Namibia (S/12903).2. At its 2098th meeting on 13 November 1978, the Security Council adoptedresolution 439 (1978), the text of which reads as follows:"The Security Council,"Recalling its resolutions 385 (1976), 431 (1978), 432 (1978) and435 (1978),"Having considered the report submitted by the Secretary-General pursuantto paragraph 7 of resolution 435 (1978) (S/12903),"Taking note of the relevant communications addressed tD the SecretaryGeneraland the President of the Security Council (S/12900 and S/12902),"Having heard and considered the statement by the President of theUnited Nations Council for Namibia,"Taking note also of the communication dated 23 October 1978 fromthe President of the South West Africa People's Organization (SWAPO)addressed to the Secretary-General (S/12913),"Reaffirming the legal responsibility of the United Nations over Namibiaand its continued commitment to the implementation of Security Councilresolution 385 (1976), in particular, the holding of free elections inNamibia under United Nations supervision and control,"Reiterating the view that any unilateral measure taken by the illegal

administration in Namibia in relation to the electoral process, includingunilateral registration of voters or transfer of power, in contravention of theabove-mentioned resolutions of the Security Council and this resolutionis null and void,78-27280BA -C 7

^r%"I~ Ie~n OVrLIC AIAAII fIlEIIAinfA~ ~r,~ eDA "E 7nflLfY- lt/L UNNNLIfDNISf 5 f IVIfl NflIV.3 ICVU rl r#AJG IS/12938EnglishPage 2"Gravely concerned at the decision of the Government of South Africato proceed with unilateral elections in Namibia in clear contravention ofSecurity Council resolutions 385 (1976) and 435 (1978),"I. Condemns the decision of the South African Government to proceedunilaterally witE the holding of elections in the Territory from4 to 8 December 1978 in contravention of Security Council resolutions385 (1976) and 435 (1978);"2. Considers that this decision constitutes a clear defiance of theUnited Nations and, in particular, the authority of the Security Council;"3. Declares those elections and their results null and void and thatno recognition will be accorded either by the United Nations or any MemberStates to any representatives or organ established by that process;"4. Calls upon South Africa immediately to cancel the elections it hasplanned in Namibia in December 1978;"5. Demands once again that South Africa co-operate with the SecurityCouncil and the Secretary-General in the implementation of its resolutions385 (1976), 431 (1978) and 435 (1978);"6. Warns South Africa that its failure to do so would compel theSecurity Council to meet forthwith to initiate appropriate actions under theCharter of *Lhe United Nations, including Chapter VII thereof, so as to ensureSouth Africa's compliance with the aforementioned resolutions;"7. Calls on the Secretary-General to report on the progress of theimplementation of this resolution by 25 November 1978.3. The present report is submitted pursuant to paragraph 7 of the aboveresolution.Communications with the Government of South Africa4. Immediately following the adoption ty the Security Ccuncil of its resolution439 (1978), I communcated the text of the resolution to the Government of SouthAfrica. At subsequent meeti.gs with the Deputy Permanent Representative ofSouth Africa, I emphasized the need for the Foreign Minister of South Africa tomeet with me for discussions on issues concerning the submission of my report tothe Security Council by 25 November. In reply, I was informed by the DeputyPermanent Representative that the Foreign Minister of South Africa would beunable to proceed to New York before 26 November and that he would be

prepared to have discussions with me from 27 November. I again drew theattention of the Deputy Permanent Representative to the deadline of 25 Novemberfor the submission of my report. On that occasion, I suggested an earlier meetingwith the Foreign Minister or, should that n~t be possible, with a high-xankingofficial of the Government of South Africa.

PA~F 7B REPRODUCFD BY THE NAMIRIACOMMUNICATIONS CENTRES/12938EnglishPage 35. In response to the above suggestion, I received a message from the Foreigni1inister, in which he agreed to send Mr. B. G. Fourie, South African Secretaryfor Foreign Affairs, to New York to be available for discussions on 24,November. After further consultations I was informed that in view of the deadlinefor the report to the Security Council, the Secretary for Foreign Affairs wouldarrive in New York in the afternoon of 23 November and would be available fordiscussions from that very afternoon.6. It may be relevant to observe here that in my contacts with the South AfricanGovernment, Foreign Minister Botha made it clear that it would not be possible toreach finality during the talks in New York. It was emphasized however, that inmy discussions with them, both the Secretary for Foreign Affairs and the FcreignMinister would make every effort to clarify the more important points of interestto the Security Council.Meetings with the Secretary for Foreipn Affairs of South Africa7. I held meetings in New York with the Secretary for Foreign Affairs of SouthAfrica as scheduled on 23 and 24 November.8. At our meetings, I drew the attention of the Secretary for Foreign Affairs, inparticular, to paragraphs 4 and 5 of resolution 439 (1978), in which the SecurityCouncil called for his Government immediately to cancel the elections it hadplanned in Namibia in December 1978, and once again demanded that SouthAfrica co-operate with the Security Council and the Secretary-General in theimplementation of Security Council resolutions 385 (1976), 431 (1978) and 435(1978). I informed him that my intention in initiating the meeting in the first placewas to know the reaction of his Government on those basic issues and to seek itsco-operation in the implementation of Security Council decisions on the questionof Namibia.9. I further informed him that having regard to the concerns expressed about Mrreport (S/12827) by the Government of South Africa, among others, I had issuedan explanatory statement (S/12869) which took those concerns into account. Iemphasized that my report was in conformity with the proposal for a settlement ofthe Namibian situation (S/12636) and that I had been assured by the five WesternGovernments that it was in line with their proposal. Further, I pointed out thatresolution 435 (1978), in which, among other things, the Security Councilapproved my report, provided all concerned with an opportunity for a peacefulsettlement of the Namibian situation. I expressed the hope that my explanatory

statement had cleared the way for us to proceed to finalize arrangements for theimplementation of my report.10. I then proceeded to outline the basic framework of my report as adopted bythe Security Council. I emphasized that the report maintained the successivestages and spacing of the various phases of the electoral process laid down in thesteps outlined in the proposal for a settlement and in the annex to that document;that the time-table envisaged in the proposal was linked to the date ofemplacement of UNTAG in Namibia; and that based on the same time-table, anappropriate date for the elections would be approximately seven months after theI...REPRODUCEDF[ aY THE NAMIBIA COMMUNICATIONS CENTREPAGF: 7R

S/12938EnglishPage 4emplacement of ,0TAG. For the implementation of my report on the above lines, Irecognized that the establishment of a cease-fire was an essential prerequisitewhich would be brought about following notification to the Secretary-General ofan agreed cease-fire. I reiterated that Security Council document S/12636, whichwas reflected in my report, called for a comprehensive cessation of all hostileacts. i also reaffirmed the annex to that document which described provisions forthe implementation of the' cessation of all hostile acts, military arrangementsconcerning UNTAG, the Yithdrawal of South African forces and arrangementswith respect to other organized forces in Namibia and with respect to the forces ofSWAPO.11. Within the context of relevant Security Council decisions, which I outlined tothe Secretary for Foreign Affairs of South Africa, I asked him for aclarification of the position of his Government on the following additionalmatters:(a) Paragraph 5 of Security Council resolution 435 (1978) and paragraph 5 ofSecurity Council resolution 439 (1978);(b) Commencement of UNTAG activities in Namibia, effective from1 January 1979, which I had proposed to the Secretary for Foreign Affairs duringour discussions;(c) Subject to paragraph (b) above, the agreement of the Government of SouthAfrica and the United Nations to establish provisional dates for the various stagesand steps projected in the time-table annexed to document S/12636;(d) Related to the above, establishment of a provisional date for theelections to be fixed approximately seven months from the date ofcommencement of UNTAG in Namibia;(e) Having regard to my explanatory statement to the Security Council,confirmation that South Africa's concern over the United Nations civil policecomponent has now been removed;

(f) Finalization prior to commencement of UNTAG in Namibia of agreementbetween the United Nations and the Government of South Africa on the status ofUNTAG in Namibia;(g) Practical arrangements for a cease-fire to be effected by South Africa andSWAPO, each addressing to me a written undertaking to discontinue all hostileacts. That would be in accordance with the proposal for a settlement and wouldcome into force with the commencement of UNTAG on a specified date. Theseprocedures would be finalized after acceptance of resolution 435 (1978) by SouthAfrica.12. I informed the Secretary for Foreign Affairs that those specific issues were ofparticular importance to the Security Council at the current stage in the light ofSecurity Council resolution 439 (1978).I...REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 79

S/12938EnglishPage 5Reactions of the Secretary for Foreign Affairs13. The Secretary for Foreign Affairs stated in reply that the Government of SouthAfrica had extended its co-operation to the Security Council by agreeing to andnegotiating the proposal for a settlement (S/12636) on the basis of resolution 385(1976); it had further co-operated in the implementation of Security Councilresolution 431 (1978) Auring the visit of my Special Representative to Namibia inAugust to conduct the survey for the implementation of the proposal for asettlement. As regards co-operation for the implementation of resolution 435(1978), he said the gap between the Security Council and his Gove-nment hadbeen narrowed through subsequent talks; the remaining outstanding issues couldbe resolved through consultations as envisaged in the joint statement after thetalks in Pretoria (S/12902, Annex I). He added that sincerity of South Africa inthis regard was illustrated by the willingness of the Foreign Minister of SouthAfrica to arrive in New York on 27 November for discussions. In this connexionthe Secretary for Foreign Affairs also referred to his own arrival in New York atan earlier date for discussions with the Secretary-General. He stated that the SouthAfrican Government was willing to co-operate in the implementation ofresolution 435 (1978) but that there were a few points on which agreement mustbe reached, namely, a fixed date, as stipulated by South Africa, for elections, andfurther consultations on the composition and strength of the military componentof UNTAG. The date for the emplacement of UNTAG would depend on reachingconclusions on those points.14. On the question of a target date for elections under the supervision and controlof the United Nations, the Secretary for Foreign Affairs referred to paragraphs 3and 4 of the Joint Statement in Pretoria which called for further consultations inWindhoek between the Administrator-General and the Special Representative ofthe Secretary-General. He further reaffirmed the position of his Government that a

firm date be set for the election rather than a provisional one (S/12900, AnnexIII). He emphasized that after establishing such a date it should not be possible forany party to delay the election. The date should then be adhered to irrespective ofwhether there was a cessation of hostilities and a subsequent reduction of SouthAfrican troops.15. The Secretary for Foreign Affairs confirmed that, while the South AfricanGovernment considered the number of civilian personnel envisaged for policemonitoring to be excessive, the explanatory statement of the Secretary-Generalhad removed its concern about the character and role of the United Nations police.The exact number could be determined by the Special Representative of theSecretary-General and the Administrator-General on the ground.16. He also stated that substantial progress had been made on the proposed draftagreement on the status of UNTAG. However, finality had still to be reachedbetween the Government of South Africa and the United Nations on a limitednumber of issues concerning the agreement, but given understanding on bothsides, this did not seem to be insurmountable.17. The Secretary for Foreign Affairs reaffirmed the position of his Governmenton a cease-fire (S/12854) and added that the reduction of South African troops inNamibia would only commence if and when a comprehensive cessation ofhostilities had been brought about.P A I::: RNREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 81S/12938 English Page 618. In reply to earlier questions raised by the Secretary-General concerning theDecember election, including the call for its immediate cancellation, theSecretary for Foreign Affairs reaffirmed that the election would take place asscheduled by his Government and announced by the then Prime Minister of SouthAfrica (S/12853, Anneat ). The election would give an indication whether theelected representatives would represent the people of South West Africa. It wasleft to the Secretary-General and the five Western Governments to decide whetherafter the elections in December they vould wish to continue to negotiate with theGovernment of South Africa. South Africa had never suggested that they shouldnot do so. In response to my question, the Secretary for Foreign Affairs confirmedthat the elections to be held under United Nations supervision and control would,as provided in the proposal for a settlement, be for a constituent assembly.19. I emphasized to the Secretary for Foreign Affairs that there were a number ofimportant points relating to the questions in paragraph 11 above on which theSecurity Council would certainly require more specific answers.20. I wish to inform the Council that I shall be holding talks with the ForeignMinister of South Africa on Monday, 27 November. I shall not fail so to informthe Council immediately of the outcome of these talks.

DAI'~~ 01 D0J9RflfIWflrnv TU1 AA 1BAI CARAL4NICATIONSCENTREUNITED NATIONS Distr.SE C U R I T Y* " °'S/12950CO U N C I L 2 December 1978ORIGINAL: ENGLISHSUPPLEMNTARY REPORT BY THE SECRETARY-GENERAL SUBMITTEDPURSUANT TO.PARAGRAPH 7 OF SECURITY COUNCIL RESOLUTION439 (1978) CONCERNING THE SITUATION IN NAMIBIA1. I held meetings with 1m. R. F. Botha, Minister for Foreign Affairs of SouthAfrica, from 27 to 29 November 1978, to follow up the discussions I had initiatedon 23 November with the Secretary for Foreign Affairs described in my report of24 November (S/12938). At the opening meeting I referred the Foreign Ministerin particular to those subparagraphs of paragraph 11 of my report, which state asfollows:"I. Within the context of relevant Security Council decisions, which Ioutlined to the Secretary for Foreign Affairs of South Africa, I asked himfor a clarification of the position of his Government on the followingadditional matters:(a) Paragraph 5 of Security Council resolution 435 (1978) andparagraph 5 of Security Council resolution 439 (1978);(b) Commencement of UNTAG activities in Namibia, effective from1 January 1979, which I had proposed to the Secretary for Foreign Affairsduring our discussions;(c) Subject to paragraph (b) above, the agreement of the Government ofSouth Africa and the United Nations to establish provisional dates for thevarious stages and steps projected in the time-table annexed to documentS/12636;(d) Related to the above, establishment of a provisional date for theelections to be fixed approximately seven months from the date ofcommencementof UNTAG in Namibia;(g) Practical arrangements for a cease-fire to be effected by South Africaand SWAPO, each addressing to me a written undertaking to discontinue allhostile acts. That would be in accordance with the proposal for a settlement andwould come into force with the commencement of UNTAG on a specified date.These procedures would be finalized after acceptance of resolution 435 (1978)by South Africa."78-2884h...

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 83S/12950 English Page 2I informed the Foreign Minister that I would appreciate any further clarifications

he might wish to give, in addition to the ans%;ers given by the Secretary forForeignAffairs (S/12938, paras. 13-18), on matters raised therein for the information ofthe Security Council. I emphasized to the Minister the urgency of clarificationson the above issues in connexion with the establishment of an operationalcalendarfor the emplacement of 4TAG in Namibia.2. In reply, the Foreign Minister first gave an account of discussions with thefive Western Governments during negotiations for the proposal of a settlement, asreflected in Security Council documents S/12836 and S/12853. He said that hewishedto focus on those discussions in order to show the context of South Africa'sagreement to the proposal for a settlement and thus to seek to remove any doubtsabout his Government's intentions in regard to it. In particular, he referred tothe strength of the military component of UNTAG and to the South Africandecision to hold elections in the Territory in December 1978. He stated that SouthAfricahad, during the discussions prior to the conclusion of the proposal for asettlement, made certain commitments to the parties concerned in the Territoryrelating to such matters. South Africa therefore desired to have consultations onthe strength and composition of the military component of UNTAG.3. In reply, I informed the Foreign Minister that as the United Nations had notparticipated in the negotiation of the proposal for a settlement I was not in aposition to comment on the account he had given. In regard to the strength andcomposition of the military component, I invited his further attention to therelevant part of my explanatory statement of 28 September 1978 (S/12869)adopted by the Security Council in resolution 435 (1978). I then once againrecalled the terms of paragraph 11 of my report (S/12938) and asked him if hewas prepared tooffer further clarifications on the issues raised therein.4. The Foreign Minister stated that he was authorized to give the followingclarification at that stage:(a) With reference to paragraph 13 of the Secretary-General's report to theSecurity Council of 24 November, document S/12938, the South AfricanGovernment is willing in the course of the coming month also strongly torecommend to the parties concerned that resolution 435 (1978) be implemented.In the meantime, consultations on the few outstanding points will be continued inan effort toresolve them.(b) With regard to paragraph 14 of the Secretary-General's report the SouthAfrican Government would be prepared to recommend to the parties concernedthat adate be set for the elections seven months after the commencement of theemplacementof UNTAG.5. In subsequent discussions, I impressed on Mr. Botha that his reply did not

clarify South Africa's position in regard to the basic issues described inparagraph 11 of my report (S/12938). I emphasized that these were crucial matterson which the Security Council would need to be satisfied as to the willingness ofSouth Africa to co-operate in the implementation of Security Council resolution435.

P'~GE 84 REPRUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/1295oEnglishPage 3I said that while I had noted in my retort (S/12938, para. 6) that he had previouslymade it clear that it would not be possible for him to reach finality during ourtalks in New York it was necessary to provide in the immediate future moresubstantial clarifications than he had hitherto given.6. In this connexion I requested further clarifications in resDect of paragraph 4(a) and (b) above from the Foreign Minister, taking into account South Africa'srefusal to cancel the December elections. These points covered South Africa'swillingness to co-operate in the implementation of resolution 435; a time-limit forthe consultations deemed necessary by South Africa and for the rommunication ofits final position on the implementation of resolution 435 to the Secretary-General; the continuation of the exercise of South Africa's authority in Namibiapending the full implementation of the proposal for a settlement; and theresolution of some outstanding points on which further consultations wereconsidered necessary by the Government of South Africa.7. I urgently requested the Foreign Minister to give me an answer by the end ofthe week. He stated that, after talks in Washington, he would return to SouthAfrica for consultations and would communicate with me over the week-end of 2-3 December 1978.8. In the light of the discussions described above, the Deputy PermanentRepresentative of South Africa conveyed to me, on 2 December 1978, theapproval of his Government on the following:- South Africa reiterates its willingness to co-operate in the implementationof resolution 435 (1978)- South Africa is willing, during the month of December, to concludeconsultations with the parties concerned on the principles of resolution435 (1978), and to communicate the results to the Secretary-General- South Africa reaffirms that it will retain authority in Namibia pendingthe implementation of the proposal; and- consultations on the outstanding points will continue in an effort toresolve them.PAGE 84REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

UNITED NATIONSDistr.

S!13120C 0 U N C L February 1979ORIGINAL: ENGLISHREPORT OF TIE SECRETARY-GENERAL CONCENING TFHIMPLEMNTATION OF SECURITY COUNCIL RESOLUTIONS 435 (1978)and 439 (1978) ON THE QUESTION OF NA.IBIA1. Pursuant to paragraph 7 of Security Council resolution 439 (1978) concerningthe situation in anibia, I held meetings in New York with the Secretary forForeign Affairs of South Africa and the Foreign !inister of South Africa from23 to 24 November (S/12938) and from 27 to 29 November, respectively(S/12950).Vhe meetings focused on paragraph 5 of Security Council resolution 435 (1978),by which the Security Council called on South Africa forthwith to co-operate withthe Secretary-General in the implementation of that resolution; as well as onparagraphs 4 and 5 of Security Council resolution 439 (1978) by which theSecurity Council called upon South Africa irmediately to cancel the elections ithad planned in iamibia in December 1978; and demanded once again that SouthAfricaco-operate with the Security Council and the Secretary-General in theimplementation of its resolutions 385 (1976), 431 (1978) and 435 (1978).2. In a letter dated 22 December 1978 (S/12983, Annex I), the Minister ofForeign Affairs of South Africa informed me that the Government of South Africahad decided to co-operate in the expeditious implementation of Security Councilresolution 435 (1978), and invited me to arrange for r7 Special Representative to"proceed to South Africa and South West Africa" as soon as possible for thepurpose of completing consultations on outstanding issues. By letter dated1 January 1979 (S/13002), I informed the Foreign Minister of South Africa that,following his Government's decision to co-operate in the expeditiousirmglementationof Security Council resolution 435 (1978), I intended to requestMr. i Matti Ahtisaari, my Special Representative, to visit South Africa andNamibia in January to complete consultations on operational requirements for thedeployment of the United Nations Transition Assistance Group (UNTAG).3. My Special Representative, accompanied by the Commander of the MilitarYComponent of U11TAG and a staff of United Nations officials, visited SouthAfrica and Nlamibia from 13-22 January for the purpose of completinrconsultations on thetransitional arrangements called for in the Proposal for a settlement of theJamibian situation (S/12636) and the operational requirements for the deploymentof UTAG.4. At a subsequent stage, after reporting to me in New York, ny SpecialRepresentative visited Tanzania, Mozabique, Zambia, Botswana and Angola from28 January to 10 February to consult with them on the current situation relatingto Namibia. At the invitation of the Government of ligeria, he also had talksin Lagos from 11-12 February.79-04837

PAGE 85

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 87S/13120EnglishPape 3B. Restriction to base11. According to the settlement Proposal, coincidental with a cessation of allhostile acts the South African Defence Forces (SADF) and SWAPO armed forceswillbe restricted to base. This would involve the restriction to base of all SADF forceswithin Namibia and their subsequent phased withdrawal as outlined in theProposal. Any SWAPO armed forces in Namibia at the time of the cease-fire willlikewise be restricted to base at designated locations inside Namibia to bespecified by the Special Representative after necessary consultation. Themonitored move of these S!4APO armed forces to base cannot be considered as atactical move in terms of the cease-fire.12. All SWAPO armed forces in neighbouring countries will, on thecommencement ofthe cease-fire, be restricted to base in these countries. IThile the Proposal makesno specific provision for the monitoring by U!TTAG of S-TAPO bases inneiihbouringcountries, nevertheless, however, paragraph 12 of the Proposal states that:"Neighbouring countries shall be requested to ensure to the best of their abilitiesthat the provisions of the transitional arrangements, and the outcome of theelection, are respected. They shall also be requested to afford the necessary,facilities to the United Nations Special Representative and all United Nationspersonnel to carry out their assined functions and to facilitate such measuresas may be desirable for ensurinr tranquility in the border areas. "13. I attach special importance to the repeated assurances which I have receivedfrom the neighbouring States to the effect that they will ensure to the best oftheir abilities that the provisions of the settlement are adhered to. In thisconnexion, in order to facilitate further this co-operation, I have sought theagreement of the Governments of Angola, Botswana and Zambia for theestablishmentof MUITAG offices in their countries to co-operate with them in theimplementationof the relevant provisions of the Proposal.C. Cease-fire arranements14. The settlement Proposal calls for "a conprehensive cessation of all hostileacts". As previously indicated by me (see S/12869 and S/12938) it is my intentionto propose a procedure for the commencement of the cease-fire. Thereafter, thevarious steps indicated in the Proposal for a settlement, as reflected inresolution 435 (1978), would take place. I intend to send identical letters to SouthAfrica and SWAPO proposing a specific hour and date for the cease-fire to

begin. In that letter I would also request both parties to inform me in writing oftheir agreement to abide by the terms of the cease-fire. I would require that theyadvise me of their agreement by a specific date which would be ten days beforethebeginning of the cease-fire. This period is necessary for both parties to haveadequate time to inform their troops of the exact date and time for thecommencementof the cease-fire and for UNTAG to deploy. The text of the proposed letter isattached as an annex to this report.

~' TLIr AlA AAIIflA fV1AAAAlIAIlrAIAM~ f~AITPFS/13120EnglishPage 4D. Comrosition of the militarn' component15. Aside from the outstanding issues concernint the irzlementation of thesettlement Proposal mentioned above, the question of the composition of themilitary component of U.TAG remains to be finalized. In the course of ryconsultations with the parties, 1 have communicated to them a list of possibletroop-contributing countries which, in the circumstances, I consider can best meetthe requirements of UNTAG. Before the commencement of the United iationsoperationin Namibia, I shall submit to the Security Council, in accordance with establishedpractice, the proposed composition of the military component. In drawing up thelist of contributing countries, I shall take into due account the views of the partieswhile seeking to balance those factors I consider essential in the case, such as theprinciple of equitable geographical representation, the willincness of the troop-contributing countries to participate and, in the case of logistics, the capacity toperform the required tasks.E. Agreement on the status of U]ITAG16. A draft agreement on the status of U:ITAG was first presented to the SouthAfrican authorities in August 1978. Agreement has now been reached with thoseauthorities in respect of most of its provisions. As stated in ry report of 29 August1978 (S/12827) UINTAG and its personnel must necessarily have all the relevantprivileges and immunities provided for by the Convention on the Privileresand Immunities of the United iations, as well as those especially required for theproposed operation.Concluding remarks17. The settlement Proposal requires that all its provisions be completed to thesatisfaction of the Special Representative. In agreeing to the implementation ofSecurity Council resolution h35 (1978), the parties have agreed to abide by thoseprovisions. The United Nations has the responsibility of assessing theimplementation of the various military provisions of the Proposal. Similarly, theSpecial Representative is to be satisfied about the various provisions regarding thecreation of conditions for and the conduct of elections. There is no basis forunilateral determinations or for unilateral actions by any party. At the same tiy'e it

is recognized that the effective implementation of the Proposal is dependent uponthe continued co-operation of the parties. Should the implementation of theProposal be jeopardized as a result of failure of any party to carry out itsprovisions, I would bring the matter immediately to the attention of the SecurityCouncil.18. I have already communicated to the Government of South Afrita andSWUAPO the basic elements of the proposals contained in this report. In the lightof the above proposals, and if the co-operation of the parties concernea isforthcoming,I intend to designate the date of 15 I.arch 1979 for the commencement of theemplacement of UNTAG and the entry into force of the cease-fire. The letter onthe cease-fire will be transmitted accordingly. In the interim, I appeal to all partiesto exercise restraint and to refrain from actions which might Jeopardize thesettlement.A Ij ~ ~ ~ ~ ~ ~ ~ _ 12 C~r~L~JzI D I A MDrr 1V # nZAl ".r~ WlvAw YMM,C E,- ..

n~F~i i~ri% DV raw AlA ARIDIA fARAAAJ lAurA TlAPd~ f~MTh~ncr-nO r%" O U 55* IA r M"U 5*TIQPAGE 89EnglishPaae 519. I should like to draw attention to pararraph 18 of ay report of 29 August 1978(S/12827) in which 1 stated that "it is expected that the duration of MITAG wouldbe for one year, depending on the date of independence to be decided by theConstituernt Assembly".

fl A r r nfl ~RDRPPnfIrflRV ruE AM1BRI CO 1hMICATIONS CENTRE*/l 3120EnglishPage 6ALNIEXCease-fire letter to be sent by the Secretary-General toboth the South African Government and SWAPO"In accordance with the Proposal for a Settlement of the Namibiansituation as approved by Security Council resolution 435 (1978), I propose that acease-fire take place beginning at 0000 hours on 15 rarch 1979. At that timecomprehensive cessation of all hostile acts is to take effect."I request you to assure me in writing no later than 5 March 1979 that you haveaccepted the terms of the cease-fire and that you have taken all necessarymeasures to cease all warlike acts and eperations. These include tactical moves,cross-border movements and all acts of violence and intimidation in, or havingeffect in Namibia."

RDnwfrIunD UCAALWArA*A R wld~CATFPGg

DOCUM3iT S113172 Letter dated 15 bac979 from the representative of SouthAfrica to dte Secx7tfr-Generfl (OrisE."f Engfish] [S March 1979]At the request of the South African Mkinister for Foreign Affairs, the HonourableR. F. Botha, I attach the reply dated 15 March 1979 from the South African Primenister, the Honourable P. W. Botha, to your letter of 8 Ma.ch 1979 [S/13156].I would appreciate it if this letter and its annex could be circulated as a documentof the Security Council.(Signed) . Adriaan NxsTz N CAmrgi dAffairesof the Permanent MLsion of South Africa to the United NationsLETTER DATED 15 MARcH 1979 ROM Tim PRI E MwIsTzR OF SoUTHAFrICA TO THE SECRtETARY-GVENEALThank you for your letter of S March 1979.I stand by my statement to the South African Parliament of 6 March 1979 [seeSf13148] and my Foreign Ministrs letter to you of 5 March [see Sf13143].Your Ite under reply does not refute the facts on which my Government has takenits stand.To avoid any further delay and for the sake of clarity, I should be glad if youwould inform my Government whether in your opinion the proposal [$/12636]adopted by the Security Council provides for.(a) The restriction to base of all SWAPO forces;(b) Such rest iction to be monitored by the UnitedNations Transition Assistance Group (UNTAG);(c) The designation of locations isense SouthWest Africa to which SWAPO forces could be restricted in order to allowSWAPO to achieve by United Nations fisat the establishment of armed basesinside South West Africa which they could not achieve by force of arms on theirown;(d) A comprehensive cessation of all hostile actsas a prerequisite for implementation ircluding in particular the reduction of SouthAfrican troops and,PAGE 91

nnjr,,I,~r. ~,, ~1r AlA EADDIA fVbAAAAIIAII'ATIAMC C~MTPFPAGE9 21 ncrnjuuVI.c OF ic ,v,,v"u,,.,,.,,-,,,, ., - , ,.therefore, for a practical implementation based on the In conciusion I wish torefer you to a document enproposal; titled "OperationlImplementaton Document" prepared joindy by you. milta.N representative and his(e) The release of all South West Africans whet- South African counterparts atCap: Town in January ever detained, including those detained in Tanzania 1979.This document was drawn up to avoid any misand Zambia;undestandings and differing interpretations of the(J) Coasuation, inter alin. on the composition of practical implementation of t.hesettlement proposal. InUTTAG. In particular, does consuhation require youdeed, it is based entirely on the settlement proposal. I to take into account theviews of the South Aancan would appreciate it if you could iaform me whether

this Goverament in such a way that its reasonable aug. implementation plan, acopy of which is attached, hasestions ame accorded recognition, or is it your view been, brought to your notice.that consultation requires you to do no more- than sub-(Signed) P. W. BoTHAmit, for the South African Govof-=t's information, Phi eMinitera list of countries selected by you? of he RepublicofSouth A ricaMnrrAaz D .o-mvwr PLA poR UNTAG(OPlh.&TlomAi. WLhaNATioti Docuxco4T)Acti to e ke.n bysafnm ..z...,t pwi.a a . F.,vu (SAD?) SWAPO mbN:G'a#10*a b d A I1. 'A mssation of afl L Preceding the ress- L Announce L As for L Preparationfor L This precedes Kele acts by all aticm the parties to under- SADF.deployment of D-day. MonitorPartins..." concerned announce take tomonitors. ins is interpretedunderakigs to abide by as active obserabide by theceas the ceas- vation andAm with ffe. Ar. reportinifbum the daftLA h ati L i I. A11 allegdundezrtod to be an breaches of thesct omamined by mntom ofmmbes of am bostol acts mustparty to doe derl. be evaluatedment of mmbt= pijny.of the other Vassint the popula.tic-C co-onsinsor threatening the1110 or property oft or pr rsat whom theacton is direted.oducted for militmr or Poeicaladvantage of theII. On Dday. military . Receie . As for Il eploy mixed oal- i. Mized monitcompnent cc UN SAD. for tAms with units teas refer toUNTAO starts montors. of the parties i o. tem of memdeployet cc on both beu from differmoulton for efce. sd of thehorder. eat countrie.dye monitring ofthe mass-foe In'

Portherst border2.. ad the e- L This is terpreted L Troops L As for L Commence woni-L This phase cansuiede of South to mean tha all rao to SADF. woing of both onlycommencAfrican and tnop.s reta to base. South African sand when theczseSWAPO armed their bases and that SWAPO rumpfre is jointlyfoms to basen t moemt restriction including declaredto be(ncluding ethnic maus. Administra- moniuring by in-effective.forcs). tive and logistical cocni rlementfmovement Cma nly of the ornlydr ofbe done wish UN the mlar7 ammonitor presencepoouet of UNTAG.or knowledge. A Some mdnitoss anbase is regarded as now redeployed toa location from Imations of ethniewhich Uoope opr- forms.sied to exemetheir -nied taksand fuction.

- er act aten. a n.aaaa mheerA rinner rraernr NbI'KUL>Ut.tU UT 1 nn,V.'uVnoä#i ~~JIVIIVIUtV5L#4 5 IiJIV3 L.EPJ 5 e~~MzLurrity DEPWY>aNT PLAN POR LJN'TÅG (0,LKox JTO~LMFIL~M>TT2O DOUME ) <confinuCd).tto tab tk~Looth) AITI~3. Coffleareweflt L A1k> phase in the i Firnt L. Frepara- L Coutipuc tomantafo L nu his ise eanof' -hased ihith. Vlitbdrawal opera- SADF tion of in order ta give theonly wmmärenccd.-aual' of SA ton to "reduced eleU~tå peacefu! partie Goacernedwheft the Ireeops -to reducad force levels* can withdraw return be- thenecceay s.- stiedan to baac"force levels" and only Comn=c on the as- gics on c~as mo thacutknestbc preparaion of af er ch: successflä! MM.nCC the assur- they can cmmefeedvely.^peacful repatma- conspleion of the that an=e tht wit their activldfflnoa under VW preovdirti phase SWAPO SADF ro- which an thenaisupervision for armod ductian ~oni~edremn throiugb p--=annd bas

dedmnsted enry are stia satdpoinis" re eand prepfor peaccas begzm mfkl "u!no .Iswad beac p L M ntori e= LonT" pacanpre¥ tion and tdny impoule au~stnc atswAPO weapread oat maon=~ durborde ~age- for any "em or ta iii. base rl- coer th wo.n theu rolance. absc>lutely to pre, an1 com- planad by borde ana aceard-de Orbed in No.V=et iofitration. 11 paonn of troop ole. hng to pi~s 5. T~ ^foafoflaws thero MNTAG. omta The mno~ arm this p~ bs n~that macitoring at fbo the now pbsDU 0 su bjc to theIfufitratod pe~on ärt bat- lwe prio~iis completäffi oftabedm i ion Thi la emd pos, the ~duivtae Imastl by ddnu ~h NO. 3.parhisand o1h-oigbatä tana finfarma- end~ don fr= the ~oate klnpopulation. 3~ 0dedåt not ~oped with umedive paa~ b^ inihand cc~rug 100~ aentallpbyuC*der ~ymn on thebonrd. ändudiattefUr pomti. 11 ~iaoperstion with localautthori~InldIL ~änvdf IL Pe~r6= m - dim färducedlews ntiouc.ontinno.3. L -Tbcdeo L DCmbf* I s L Mö~lie L UNTAG rmtaL D~mbilizatiahil~to et nderstood to z~a monitor as tdm of mobilhedthe ad=ze demobizint of t o~n ane monitors an ro- waitaand tUfoaes. miobili extiven ordered te ~ese k=o tbe remainingdeEiegin mani. forees and re=nin- demåbi- prfrir ana amohilized of detooängoat ing in dtate at r=m and desaibd inNo. 4. mobffläcd maltelisademoblizathn cof demobi- are gubiect toforna.ý demnobilized forees Eved uits«m~nudhodan or- hg of the caedered te ir and Iaw andsemainorder. Mohiliza. demobi. don can onlY be

Emd.dam* "sder the order of thAdministrator.General wfflåthe ennemrenceof VW SpeelalRepresentative.

'L41PAGE 94 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREbMuiTtT DELoymEN<T P..N Fa UNTAG <Or£wLrtoN&J. IMYLrMESTÅflONDOCUMENT) (contin'ttd)--------------AcUuf to b. ~mko bydo 1I2 36 Sowkreti wdgæSq ( IPreoza åo MLJS'V.< el'.'b c I iAfrN.1 LITi giitC0Li.Dis=alie_ t.j. Dismantlemefit of LI. SADF L.A a o 11 Ihsatvt ament of ccm- æmýmand strur- make ar- only taktpIacemnd struc* tures i dotte wbitl range- after all te re.tures of :nobiliztJ tiu am menat for quirements incitizen beitt demobilizad. thet mani- documetforce$ .. . OfRes of de~bi tors to Sf12636 leadingIizd units nisy aot vatnes up to te refr uanned gnlesste exa~U duction toin the preset or tien of 12,000 SADF,witb thet knowlid8t thet de- phaebnof molutom as 8S UiO6iza- =t, nsely,signed to ter Units. tbon and tht te m*ssadisznantle-tian of høstilitiesment prø. holds. restrietionedures. to bast os presceibd remaina,preparation for~etiu rewteis motmitored andt~r is no tapseof Iaw andorder.L~~3~i12. -Ai bll ara, U a is . 1.2. SADF we 1.2. SWAPO Li, Supe~isSADF a.2 SADF and=MMlitr &~sia to be a=tn a= ba~ le and SWAFOSWAPO actiona.q~Ment. &8il b4l se any ad sqip- atl ap. a~d by must takepl,-=d amuui- W&be ma~ øn- mt for om and =«oroing.t»~Ot~ sly.

don at niize ar~d used for safe ~a *qulpmnt bu~na they~ a te ga~g at tødy in hIué*dia hall ia tite sa.~s $o drill a~uat equip &M~ bang lunlicc~edme.franhe amdbala mnd aud -Ania. duN personal aøec~UN super- ~a on p~tv soper- W«~e be dm*s,idaY earsifi at Visin. and ~ib StPIIU.doanun 5112m3 b~ausD m ~ %o far« =upagadt~ m UN 1 mlbaavy Wuantry su~vlveao~ maraf pre~emeputed by a u=m dmn at te or aUw s øv~d ecm~om-. od~ewbm~ut wa~oby an kdIvdiduam beld inaseulli be mca ~dw" the autitadædluvetosy and c~trelwill beis~insdto pr~snL -e dsna Ll beam definibidaationas.~ ativitieseammandos and ceudlitianaand dit- for iznpleinentameantliugaf tion as descnlbedtteirete.- far lte ditiae=and stitiC- fattes are aptures» aswcl plicabie t> lteas tonfine- commlandas.=entat all

D~t TLW ADA AAIOIA ,jAAAAIAIIfATIAAIq (~AITRPMi.ITARY DEPLoYME-.T PL.AN Pop. LNTAG(OPERATIONAL I.W:,m5NTAT10r, DOCUMItNT) (Con timmed)Sovld (Peornd tFahCivilian une.tions.,"Admistratar-Generalwith concurrn of UN Specal Rep.esentive determine$whether and under whatcircumstances those militarypmonnelperforming

civilian funcdons will Goodave those funmcion*.Mfltiaw7 b.WtpetMttm end .,ee.tLen~ t~"pleawnt6nnCaeadministration, education, agricul-i.V medical and technical services throughoutth/ territory. Roughly 20% of the popalation is affected directly or indirectlythcrebo. In order not to disturb the sodo-aconomic structure which could have anadverve effect on free and fair electioas. it Is essential that these se. vie shouldcontinue. It should also be ated tht the mil ta component of UNTAG could notsubstitute thes Si "re UNmust, however, monitor thenactiviiesFec:roa to bS uL Sburhfrkmdmeats concerned, assist m nitors lodistically and make arrostmeats for them to fulfil their functions.byMt~Itffa%%-lC'mpo t e"akUNTAG) users are to be seen as part of the normal infrastructure. Airmenengaged in such routine services and normal running and maintenance of theairfields are therefore to be placed in the same category.6. -Rstriction to The procedure for thebase continu. reduction of trop lesePo level m -mut he conveyed kaducd to 1000 dt Io UNTsAO thatwe (SAD). an-aatemnt for *bR4 m ., to monitoring thereo am ban csedauu be aade. I vlew o the?eainful repani. reducion. furtherdioe under UN SAD faclites now superviion s5 becoe ,rilus, and for rturnthrough ae to be made avadesignated en" able so UNTAO -t £ point(SWA.negotiation basis ItIsnotad that documnt S/12636 contains the phrae "return pea Aft" and *eemfurepatriation'. The word "repatriation" is pta. faed, as uetow- Could ma uconutred.wher"" aepatraioa implose controlled sturn. It Is evident that *,escefur meanswith. out unlimned arms.7. -Force kvelsreduced to 1.300 men. restricted toGrootfoatein orOuitveilo or both'Restriction to bSe ontinuea(SWAO)The sequence of the phases in the SWAPO column of the annex to S/12636namely Istriction to base". re.suction to base Cootinume.. restrictin to basecontinuer. peaceful repatriati ou.-estriction to base ontinues', closure ofFurtherUSDi SWAPO repat- 5 aroop Mn- eiation, unde duction. UNTACI .,

through ades intStatsSADF fia e= rtductkmORepatriated SWAPO participate frey in the politicalpr . SWAO members restricted to base insid Namibia according toU P.Vriupervise reduction SADF and SWAFOkp=, r =r-= d,,tk j F and SWAPOAd peacul Ipt- acions must takein dos co- Plans simultaneously.o wih the cv bemse they fa intori6s t the entry the same time-fMm int, a ndterefore cannotbe done separately. Ihewse chit C 113 onl take Place after all de raquirements idocument S/12636 lading up to the reduction to 3.000 SAD borp and peacefulSWAIPO tej ao have been-d. namely that theholdw restriction to base is efectie law and order holds, citzen sad commandoforam act as prosmbed and armed SWAPO members not remaiig restricted tobases bave be= effcwvcly disarmed. The above-mentioned activities must bejointly evaluatd.fonitorinand super- As for No.. Sand 6.sing reduction and these activities am estiction to base- subject to the successfulcompletion of the preceding steps. The added condition now i the completion ofpeaceful repatriation and commencement of reduction to 100.".-rr% 11%,frUC Af A "In rn "A"rA77QAIC Ci TREPAGE too rCjIXWW

Kc r V UU G,, 0 f Liu I ke a- A I A fSA J I I 1AtI rI rl% C I' S A T I C AE_Mn.rrAaY DEPIOYMENr pL rOP UKTAG (OPERAlnONAL ,LEME.NTATrO-' DOCUMLS,') (continued) Acmt to be taken bYOo. r$1 6South Atriea thn o.po*loSeria2 (popol for M1l0 wy b terpritaio. ad Deleiw mko.be" tSenlemenr) opa, tiou b..mple-sIton Fores TSADF) SWAPO VNTAGa b * d rall bases", seen against S'12656 mustthe chronological table be given theand in relation to the facilities toother prescribed activ- vote.ities does not makeII. L "All militaryinstallationsalong northern border would by now either be deactivated

or put under Civilian conutol under UNuXs'paisiOn.snose, unless "bases also refers to bases inside Namibia. There fort. should suchbases exist, they will also come under UNTAG monitoring and SWAPO is toremain restricted ther as prescribed unt closure.L Instead of total deactivation, provisionshould now bemade for thepossible use byUNTAG of suchinstallations.L Tak over controlfor its own use orassue supervisionof "il conrolled4innAltiong.L SADFmakes intstallationsavailable toUNTAGon a engoIsationbasis andhandsover theremaiderto"cvi control.i. This activity willbe deciedjointly in thelight of the exsting sinmaion.I "Facilities . If the situation does u.which depend not warrnt mi-If necesar.on them (e-g. tary proteeton.hospitals, they wil be leftpower stations) under civil control.would be protected where neceary bythe UN."9. -Completion of This phase will only Teexecution of thiswithdrawar commence after a joint phase willbe de.(SADF). -Closura statement from the cided ointly.of all bases" certification of the(SWAPO). election.Noses: 1. For the effective execution of the military tasks during the trsitionalperiod, It is essential that lialson staffs should be

established by the parties eoncerned for proper Ilaison with.UNTAO.2. ijaison stale will from times to time aCuOCPany UNTAG groups ndermutually agreed arranpgtcu. The refusal to provide liaison offi s will not prevntUNTAG from monitoring visits such as inpections in IMe. such staffs on lisonduties will not fall under the same restrictions as are imposed on other SADF andSWAPO mc=bers according to S/12636.3. Incidents which may constitute a breach of the agreement will be jointlyevaluated, but uNTAG will be given the firstopportunity to plan to restore the disturbance caused.PAGE 97

ThA I~ flO DCDDQflh-9 flV TUE Al R AMI UIIAIICATIONAICENITREUNITED NATIONSDi str.GE:IERALS E C U R I T Y s11rS/13173C O U N C I L h1979OFIGINAL: T.'IGLISHLZTTER DATED 15 MADCH 1979 FROHi THE SECRETARY-GEFALADDRESSED TO THE FRI)1 MINISTER OF SOUTH AYRICAZ have received your letter of 15 March 179 (see S/13172). I regret to note that inspite of my letter of 8 March 1979 (S/13156), you still maintain the positionexpressed in your statement of 6 March to the South African Parliament (seeS/13148).As regards your questions concernins the Proposal adopted by the SecurityCouncil (S/12636). I wish to reply as follows:1. I think there is no question that the Proposal does provide for therestriction to base of all forces of the parties. Indeed you will find that this pointwas also made explicitly in paragraphs 11 and 12 of ny recent report (S/13120).2. As regards your second question it is quite clear that UMTAG will monitorthe restriction to base of all forces within Namibia. The question that has arisenconcerns forces outside Namibia where the Proposal makes no specific provisionfor monitoring by UNTAO. This Is, I understand, the position of the five WesternPowers who negotiated the Proposal.3. I believe your third question refers to paragraph 1 of my above-mentionedreport. I ish to assure you once again that the relevant sentence of this paragraphconcerning "any SWAPO armed forces in Namibia at the time of the cease-fire"referred precisely to such forces and was designed exclusively to solve thepractical problem that might be created by the presence of any such forces. I takeit from the numerous reports I have received from your Government of armedSWAFO activity within Namibia, that you agree that there May be some suchforces present in -amibia at the ti e of the cease-fire.

a. As retards your question 4, I can only refer you to paragraphs 14 and 17 of myrecent report which gave, I believe, a reasonable proposal for a workable cease-fire arrangement.5. I believe that the answer to your fifth question is set out insubpararaphs B and C of paragraph 7 of the original Proposal (S/12636).6. The normal process of consultation concerning United Nations militaryforces has been explained on numerous occasions to your representatives and hasbeen79-06742A _1 lO

K"( ff ,JUU a T n 1 rI r ~A 11 V1 1IMID IA - II M I I 7 EIIA J f. l - I FQ ncrnuutc DI* fl ~VlIVIOaf WUVIVIUVU'.fl 5PAGE99.S/13173EnglishPage 2followed in the present case. The object of the process of consultation with theparties is to try to reach a composition which, though not necessarilY approved inall its parts by them; can be reasonably accepted as a vorkinS compromise.paragraph 33 of my report to the Security Council of 29 August 1078 (S/12C27)sets out the procedure and principles Governin; such consultations. For obviousreasons, this practice is not intended to give a veto power to any of the parties insuch a situation. Of course the views of the South African Government have beentaken into account within this context. We have also zade clear to yourrepresentatives on numerous occasions that the final decision rests inconsultations with the Security Council.7. In paragraph 5 of your letter you refer to a paper which you haveentitled "Operational Implementation Document". I am surprised both at the titleand at the introduction of this paper at this stage. As you must know, this ;aperemerged from conversations held between General Philipp, the military adviser toMr. Ahtisaari, and the South African military authorities in Cape Town in January1979. You may recall that this paper was delivered to Mr. Ahtisaari late in theevening of 21 January. In his meeting wvith your Foreign Minister thefc.lowing morning, Wr. Abhtisaari referred to this paper as follovs" "BothGeneral Philipp and I will be prepared to give further consideration to the study inas far as it does not conflict vith the Western Proposal and the report of theSecretary-General as adopted y resolution 435 (1978)." On Mr. Ahtlsaari's returnand after further study of this paper, It was concluded that it could not be acceptqdas an accurate interpretation of the Proposal, and your representative in ,Iew Yorkvas so informed on 26 January.(Sinnd Kurt VALDHEIMPA F qq

a~nafflharrfl DV TLtC AlA AAIOIA fAAAUIIAIIrATIAAI~ CIPJTRF rMucIUU narn.r..aw .. U I in. .... .-.. .. -- -.UNITED NATIONS

Distr.s/13634C O U N C I L 20 November 1979ORIG17AL: E.TGLISHSUPPLa=.TARY REPORT OF THE SECRETA.Y-G =AL CONCER1ING THE!TL=NTATION OF SECURITY COUNCIL RESOLUTIONS 435 (1978) AND439 (1978) CONCER.IG THE QUESTION OF FAIIA1. On 26 February 1979, I reported to the Security Council (S/13120) concernin7the implementation of Security Council resolutions 435 (1978) and 439 (1978) onthe question of Eamibia. Therein, I noted the differing interpretations andperceptions of SWAPO and South Africa regarding the implerentation of certainprovisions of the settlement Proposal and concluded that the outstanding issuesreferred to in the report should be resolved along the lines there specified.2. Thereafter, I had an exchange of correspondence with the Government ofSouth Africa (S/13143, S/13148, S/13156, S/13172 and S/13173). It becameapparent from this exchange that the two rrincipal outstanding issues to beresolved inorder to facilitate the implementation of Security Council resolution 435 (1978)centred on paragraphs 11 and 12 of my 26 February report. With a view toresolving these outstanding issues, consultations were held with all concerned inNew York between 18-26 March 1979, but agreement was not reached. Inevertheless continued to seek to resolve the differences. I was, however,informed by representatives of the South African Government that certainelements of paragraphs 1 and 12 remained unacceptable.3. On 15 July 1979, I met with the late President Neto of Angola in Luanda. Atthat meeting he suggested the establishment of a demilitarized zone on thenorthern frontier of Namibia with a view to facilitating the implementation ofSecurity Council resolution 435 (1978). In this connexion he asked me. to exploreand develop the concept of the demilitarized zone as a means of resolvingoutstanding issues. President Neto also informed me that Angola would have noobjection to the establishment of a United Nations liaison office as proposed inmy report of 26 February. I also had talks in Luanda with the President ofSTiAPC.* 4. During the Meeting of Heads of State and Government of the OrganizationofAfrican Unity, held in Monrovia from 17-20 July 1979, I discussed in depth thelatest developments concerning the question of Namibia with Afcan leaders,including those of the Front-Line States and the current Chairman of the. AU,President Tolbert of Liberia. Early in Augast, I was informed that the SF'm-ritMeeting of Front-Line States, held in Lusaka, had endorsed the proposal ofPresident Neto for the establishment of a demilitarized zone. In September 1979,I had a further opportunity in New York to exchange views on the demilitarizedzone with President Tolbert, and followed this ath a discussion -Ith theSecretary-General of the OAU.79-31414DCDD^nf ff-Cn OVrLJC AIA "10 rQMMUN1rAT1QNS C1 TRE

PAGE 100

Drbofln~frfl 0V ruCAPJAUIRJA rn UIm'rATA~i~r CATPRPAE 0S/13634EnglishPage 25. On 1 October 1979, I submitted for consideration by the neighbouring States,as well as by the Government of South Africa, a working paper concerningmonitorinc and the establishment of a demilitarized zone on the Angola/Namibiaand Zambia/ Namibia frontiers, aimed at facilitating the implementation of theUnited Nations plan. Following preliminary reactions from Governmentsconcerned, I suggested holding simultaneous-high-level consultations in Genevaunder the auspices of the United ations to clarify questions arising from theworking paper, with the implementation of Security Council resolution 435(1978) in mind. To this end, I extended invitations to all those who hadparticipated in the consultations in New York in March.6. Exchanges of correspondence between the Government of South Africa andmyself in regard to the Geneva consultations are contained in documents S/13611,S/13612, S/13614, S/13619, S/13620 and S/13621 and Add.l.7. The consultations were held at the Palais des Nations in Geneva, between12-16 November 1979. I was represented at the consultations by Mr. BrianUrquhart, Under-Secretary-General for Special Political Affairs, Mr. MarttiAhtisaari, my Special Representative for Namibia, and Mr. Abdulrahim Farah,Under-SecretaryGeneral for Special Political Questions, accompanied by seniormilitary and political experts of the Secretariat.0. The consultations covered all aspects of the concept of the demilitarized zonein relation to the United Nations plan as approved by Security Council resolution435 (1978). In this connexion, the functions of UNTAG arising from thedemilitarized zone were fully discussed in the context of the relevant provisionsof the settlement Proposal. Provisions of the working paper in regard to theinvolvement of the neighbouring States and SWAPO, as well as of theGovernment of South Africa, were also considered. Further, views wereexchanged on the relevant paragraphs of my report of 26 February 1979, in thecontext of the demilitarized zone proposal and arrangements envisaged for thecessation of hostilities.9. In addition, my representatives met with the representatives of other Namibianorganizations present in Geneva.10. At the conclusion of the consultations, the Front-Line States accepted theconcept of the demilitarized zone and the broad outline of the working paper.SWAPO also accepted the concept of the demilitarized zone. It was indicated that,provided that South Africa also accepted the conceot, detailed technicaldiscussions could follow.11. Extensive consultations were held with the South African delegation on allaspects of the concept of the demilitarized zone. During these,. a series ofquestions was discussed regarding the responsibilities of the various parties andthe manner in which the demilitarized zone would be monitoird and established.

The South African delegation undertook to report on the consultations urgently toits Government, with a view to obtaining its earliest possible reaction, after thenecessary consultations, concerning an acceptance of the concept of thedemilitarized zone.12. I shall not fail to inform the Council immediately of the reaction of the SouthAfrican Government concerning the acceptance of the concept of thedemilitarized zone.PAGE 101

DV TLIf AlA SIIDIA AIIAIIIAIAAK f~AITRUNITED NATIONSDistr.SECURIT YS/13862C 0 U N C I L 31March 1980ORICINI.: ENGLISHFURTIE REPORT OF THE SECRETA.Y-GZNERAL CONCE=lTI.TG T E fl1L-1iTTATION OF SECURITY CO1UTCIL RESOLUTIOIUS 435 (1973) and 439(1978) CONCEFTING THE qUESTION OF NA11BIA1. On 20 November 1979 I reported to the Security Council (S/13634)concerning the implementation of Security Council resolutions 435 (1978) and439 (1978) on the question of Namibia. In that report I described the course ofevents subsequent to the publication of my report of 26 February 1979 (S/13120),and to the various endeavours relating to the resolution of the two principal issuesleft outstanding, connected with paragraphs 11 and 12 of the latter report. Inparticular, I referred to my meeting with the late President Neto of Angola inLuanda, on 15. July 1979, duirng which he had suggested the establishment of ademilitarized zone on both sides of the northern border of Namibia with a viev tofacilitating the implementation of Security Council resolution 435 (1978).President Neto, at that meeting, askedme to explore and develop the concept of the demilitarized zone as a means ofresolving outstanding issues.2. Simultaneous high-level consultations on this subject were held in Geneva,under the auspices of the United Nations, between 12-16 November 1979. Thedemilitarized zone proposal, as discussed with the parties concerned, hasthe following principal features. The provisions of Security Council resolution435 (1978) would continue to bind the parties in all their terms. In additionthereto, the Governments of Angola, South Africa and Zambia wouldagree to the establishment of a demilitarized zone to facilitate the implementationof the settlement Proposal (S/12636). The purpose of the zone, which would befree of the military forces of the parties and of SWAPO, would be to assist theUnited Nations Transition Assistance Group (UNTAG) in its monitoring andborder surveillance functions. It would be understood that in their respectiveterritories Angola and Zambia would have the co-operation of ST TAPO in theimplementation of the agreement. The zone would be defined as

being of 50 kilometres' width on each side of the Namibia/Angola andNamibia/Zambia frontiers, and having a demilitarized character. In the CapriviStrip the Botswana/Namibia border would reduce the width of the zone. EachGovernment concerned would be responsible for the demilitarization of its portionof the zone. Within the zone UNTAG would operate freely to carry out itsresponsibilities. The police forces of the parties concerned would remain in thezone and would extend full co-operation to UNTAG. The zone would beestablished 14 days after theu0-07321e-rr% Df 1rur SAID rQAAAA"-rA'r1QA1C CENTREPAGE 102 Rai-MiLow IV^

ARAr'.aal., DA ruI '1 A i 11DIA fnA A.l llillT ll¥l. 70lrl C PAGE 103flcrRUIJUE U or a lL lVLwr . ~ V5U'.,U~la..~ kW ~S/13862EnglishPaCe 2-ease-fire for the duration of the transition period. In the 14-day interimeriod betveen the imnlementation of the cease-fire and the establishment of the,one, U TAG wrould have access to all its parts. Selected locations would beexcluded from the demilitarized zone.. The details of these locations, and practicalarrangements relatin'. thereto, would be vorher out with the parties. In generalsuch locations would include the military base, its sunporting airfield, populationcentre and the i.mediate environpient. The "imediate environment" would not2enerally be expected to mean a distnmce greater than five hiloraetres from thepeni *eter of the installation or population centre. It-i6uld be clearly inconsistentwTith the purpose of the demlilitarized zone for any massinr of troops to taleplace within the .selected locations on either side of the border. The provisions ofthe settlement Proposal for phased withdrawal of the South African DefenceForces (SADF) wTould also arply in the selected locations. On the 32xiibian sideof the border the sADp, Tithin such selected locations, would be restricted to baseand by the tiiclfth w:eek be rithdrawn in accordance with the settlement Proposal.IT AG would monitor the bases, logistic resupply and authorized movement ofmilitary personnel by land %nd air. SL.APO forces would be excluded from theselected locations. There would also be provision for UTAG monitoringoperations in the zone in co-operation with the police and other civilianauthorities.3. At the conclusion of the Geneva consultations, the front-line States acceptedthe concept of the demilitarized zone and the broad outline of the proposalpresented to them. SMAPO also accepted the concept of thedemilitarized zone. It was indicated that, provided South Africa also accepted theconcept, detailed technical discussions could follow.4. On 5 December 1979 the T.Linister of Foreign Affairs of South Africa, in aletter addressed to me (S/13600), stated that South Africa accepted the concept ofthe zone, provided a-,reewent iwas reached in further discussions, inter alia, onsix matters set out in his letter.

5. On 9 January 1980, I addressed a letter to the Presidlent of the SecurityCouncil (S/13740), in which I inforued him of my intention to proceed with thedetailed technical discussions referred to in my report of 20 November 19T9. Ialso stated my intention, subject to the Council's consent, to appoint Lieutenant-General Prem Chand of India initially as the Commander-designateand later as Comnder of the military corponent of UI.UAG. On 12 January 1930the President of the Council inforned me that the Council agreed with myproposal (S/13741) and I thereupon made the appointnent to which I had referred.6. During consultations held by the Security Council on 31 January 19,10 I -nadea statement concerning a rission to southern Africa which, in its initial phase,would be led by General Prem Chand. I stated that General Prem Chand wouldvisit An,ola, Zambia, Botswana and Namibia to have detailed technicaldiscussions on the question of the demilitarized zone. He would also review thedeployment of the UITTAG military component in the light of the situation,taking the opportunity to review the original proposals for the deployment ofU14TAG made in August 1970 and January 1979. He would also discuss avarieiy of matters which would require the co-operation of-the relevantauthorities, inI...PAGI= 103

nrnDt'.P.IU'rr% O~ TUE ADA AJDDDA f('1A.qAMAIrATIAAI~ (IAITPF rsucIv'. nrrn.dLu...L&.. U 5 5 flL DVfliVU*LDDfl '.'*W'1W.2** -S/13862EnglishPage 3Darticulmr on logistic questions. I further indicated the specific technical taskswhich he would undertake in the various countries which he would visit. Iestimated that this part of the mission wrould t'ake appro:timately three weeks, atthe end of !7hich time it would be my intention for other senior officials fromUnited Nations Headquarters to loin it to discuss with the Governments concernedany outstanding problems concerninr' the inplementntion of resolution 435(197,3), in particular vith relation to the dcilitarized zone.7. General Preri Ch-nnd, accompanied by senior military an-' political expertsfrora the Secretariat, visited Avola from 5-11 February, Zambia froia 11-17February, and Botswana from 17-18 February. He held detailed technicaldiscussions with Government ,inisters and senior mlitary anO. civilian personnelrelating to the ftuictioning of the proposed demilitarized zone, and toarrangements concerning liaison offices. The vide range of subjects covered in thediscussions with the Governments also included liaison regardinn patrollin! in thedemilitarized zone and co-operation on logistic matters. As regards the matter ofselected locations in the demilitarized zone, as described in paragraph 2 above,the Governments of

Anrzola and Zambia indicate. that they would require an over-all total of sevensuch locations in their sectors of the demilitarized zone. The mission reachedagreenent7with the three Governments on arrangements for the establishment andfunctioning of MUTAG liaison offices in their respective capitals. These wouldbe essentiallycivilian, but would include sove militar'- personnel. They uould serve as theprincipal channel of communication between the United Nations and theGovernments concerned, with particular reference to the commitment of hostcountries in regard to the implementation of the United Niations plan for r'amibia.In this connexion, they would also perform such functions as would be entrustedto them by the Secretary-General rithin the context of areements reached ith theGovernments concerned for the implementation of the United.Tations plan. The Government of Botswana confirmed that there would be noneed for a demilitarized zone in its country because S1.APO did not operate thereand would have no bases in Botswana during the transitional period. GeneralPrem Chand also had opportunities for aerial reconnaissance, and to examine thevarious practical implications of the demilitarized zone proposal on the ground.M. General Prem Chand had meetings with SWP O in Luanda and Lusaka atwhich SITA20 confirmed its acceptance of the concept of the demilit-arized zoneand was informed by the mission of the understandings reached with theGovernments of AnGola and Zaxbia as regards the implementation of theproposed zone. S!APO informed the mission that it Yould respect the wishes ofAngola and Zambia in respect of the implementation of the demilitarized zone intheir respectiveterritories. However, it was opposed to South Africa having selected locations in.the Namibian sector of the demilitarized zone. In this connexion the mission,.indicated the terms of the settlement Propjosal which provide, inter alia, for thetotal w.ithdrawal of the 9ADF fror' the area of the proposed zone by the end of thetwelfth week after the cease-fire.9. General Prem Chand then proceeded to Namibia, where he remained from l'-29 February. He held extensive Pnd detailed discussions with theI...1%"d-Cn OVrLJC AfA to rAKA""Allf-ATIMIC CENTRPAGE 10% 1%Cr'nW

0rDD~flnf~flnRV ru"JADIRIAC CAUIAICATJAAIS CENTREAE 05/13862EJrlishPace 4General Officer Commanding, South West Africa Command, and other seniorSADF personnel, relating to the full rsn.-e of practical questions concerning theoperation of the pro-sed demilitarized zone. General Prem Chand travelled a-pro:.imately 7,500 kilametres in the territory to observe the prevailing conditions,

principally in the fortrard areas on the northern borders of Namibia, and carriedout a full reconnaissance, by ground and air, of the Namibian sector of the zone.10. On 29 February General Preu Chnand and other members of the missionaccompanying him proceeded to Cape TowA uhere, on 1 iarch, they were joinedby Mr. Brian Urquhart, Under-Secretar--General for Special Political Affairs,Mrr. Abdulrahim Farah, Under-Secretary-General for Special Political Questions,and 11r. Martti Ahtisaari, my Special Representative for Famibia. General PremChand reported that, in his opinion, given the co-operation of all the p,.rties andthe necessary support, the military aspects of the settlement Proposal and theproposed demilitarized zone constituted a practicable undertaking, on the basisof.the arrangements discussed,and of Mr report of 29 August 1P78 (S/12327). He also referred to the co-operative attitudes which he had encountered in all the territories irhich he hadvisited.11. Talks between the United Nations "fission and a delegation from theGovex-ient of South Africa, led by .r. Brand Fourie, Secretary for Foreign Affairs,tool place in Cape Town from 4-7 "arch. Mr. Urquhart and his colleagues werealso received by the Prime !inister of the Republic of South Africa, !!r. P. W.Botha, and met with the 14inister of Forei:M Affairs, Mr. R. F. Botha.12. Discussions with the Government of South Africa were held within theframework of Foreign Hinister Botha's letter of 5 December 1979 (S/13 0). In anopenine statement on 4 March, 1,1r. Urquhart summarized the results of GeneralPrem Chand's mission and emphasized the urgency of overcoming the remainingobstacles to the implementation of Security Council resolution 435 (1978) as soonas possible. He recalled that the demilitarized zone proposal had been put forw-ard as a means of resolving outstanding issues impeding such implementation,and that these issues, which vere not directly connected with the demilitarizedzone, could be effectively dealt writh only after South Ifrica had accepted thedemilitarized zone proposal. The discussions proceeded on this basis and wereprincipally concerned with the practical arrangements connected iith thedemilitarized zone.13. The South African delegation requested further clarifications in respect of thenmnner in hich UNTAG would neet its responsibilities in the proposeddemilitarized zone, stating that such information uas necessary in order to enablethe SADF to determine whether the concept was workable. Ensuing discussionscovered a wide spectrum of matters, after w-hich the South Africam delegationconfirmed to the mission points of agreement previously reached with GeneralPrem Chand regardingliaison, communications, demarcation and lozistic arrangements. The missionconfirmed to the Government of South Africa and the United Naticns concept ofdeployment in and monitoring of the demilitarized zone and outlined theprinciples and frameworkaccording to wrhich United Rations resources would be employed in this regard.ThePAGE 105

D~~' TLI~ AlA IJIDIA tf~RA AIIAIJfATIAAIC C~AITQ~PAGE'I U6 nCrnijuuV.C , . r l' IIViIDI' , l ,.*w. -.S/13862EmgliskPaae 7mission, while recalling that the proposed arrangements for the demilitarized zoneas set out in paragraph 2 above set no upper limit on the number of selectedlocations, drew the attention of the South African dele-ation to the desipng)tionby Angola and Zambia of -a total of seven such locations in relation to anyrequirement in this regard irhich it miiht wish to make. The mission !ras informerlthat the SADF irould be unable to regroup in seven selected locations because ofthe limited size of and facilities at, existin- bases. The South African delegationstated that such a limitation woulJl present insurmountable logistic proble as,considering that the SADF is currently located in approximatel' 40 bases in thedemilitarized zone area. It recalled that uhile the settled'ent Proposal ?rovides forthe restriction and monitoring of the SADF fro. tie corzencement of thetransitional period, it allows the SADr a period of six weeks i-athin which toreduce its troop level to 12,000 and 12 weeks within which to vacate the zoneentirely. The delegation asked that these matters be ti:en into accouit in regard tothe desigmation of selected locations on the Namibian side of the demilitarizedzone. It suggested 20 selected locations, informin- the mission that this wouldrepresent a.50 per cent reduction in the number of bases i.hich it would otherwisebe entitled to retain under the Proposal durizg the first 12 weeks of the transitionalperiod. Further, with respect to the reduction of its bases by 50 per cent, theGovernment of South Africa expressed the view that the designation of sevenselected locations by Angola and Zambia did not reruire any commensuratereduction of bases on their part.l. The South African delegation, while e.phasizing that it did not doubt the goodfaith of the Governments of Angola and Zambia, requested further clarificationsregardinT the manner in which these Governzments uould in practical termsensure the fulfilment of their commitments under the United Nations plan. Inparticular it requested confirnation that the. breadth of the demilitarized zonenorth of the Caprivi Strip would be 50 hilometres, and that in their respectiveterritories, Aniola and Zambia wrould have the co-operation of S.APO in theimplementation of any demilitarized zone agreement. Further, the South Africandelegation desired information on the arrangements envisaged by Angola andZambia for the restriction and monitorinm of SUAPO in their respectiveterritories.15. In the course of the discussions, the mission informed the South Africandelegation that, in order to meet its additional responsibilities in thedemilitarized zone, the military component ot URITAG would certainly need tobe deployed at the authorized upper limit of 7,500. The mission also confirmed tothe South African delegation that the settlement Proposal, as reflected in SecurityCouncil resolution 435 (1970), remained unchanged, the demilitarizeeo

zone proposal having been conceived to facilitate the implementftion of theresolution. Additionally, progress tas nadc relating to the proposed UNTAG.status agreement, and the duration of UNTAG was discussed.16. At the end of the talks, the South African delegation stated that itsGovernment reaffirmed its acceptamce of the settlement Proposal and its decisionto co-operate in implementing Securit- Council resolution 435 (1,73). It informedthe United Nations Mission that the South African militar, authorities, on the basisof the infornmtion provided, i7ould test and evaluate the feasibilit- of the I.e.

REPKRU ELDU a I HE NVI40VDI#4 d .VI , U vJ .9/13862EnglishPage 6United Nations concept in regard to the demilitarized zone, for presentation totheir GovcTrrlfnt. The Government's conclusions would be transmitted as soon aspossible.17. It his concluding statement, Mr. Urquhart urged the South AfricanGovernment to give the United Nations its response on the demilitarized zone inthe minimum possible time. He emphasized that, in their consideration of themilitary aspects of the Proposal, the South African authorities should bear in mindthe special nature of United Nations peace-keeping operating procedures. Hehoped that their judgement would be formed in this light and not by reference tothe military procedures pertaining to-a national defence force. He urged that theSouth African Government reconsider the number of selected locations which ithad proposed on the Namibian side of the demilitarized zone. fir. Urquhartreiterated that a solution to the outstanding questions would be greatly facilitatedby South Africa's acceptance of the demilitarized zone proposal, as well as bysome reasonable expectation of the early implementation of the Proposal as awhole. In this connexion, he stated the desirability of setting a target date forimplementation and pointed out that a date not later than 15 June would avoidfurther delays due to climatic factors in Namibia. He stressed that this date wouldhave to be tied in practice to the six week period which was estimated to be theminimum for effective mobilization of the military component of UNTAG. Healso noted the progress which had been made on the various necessary practicalarrangements including the status agreement. Mr. Urquhart emphasized theserious concern in the international community concerning reported internaldevelopments in the Territory, which, if pursued, could prejudice theimplementation of resolution 435 (1978).18. The mission next held talks in Gaborone, making an en route overnight stop inWindhcek on Saturday 8 March. The mission was received in Gaborone byPresident Seretse Khama and. *-eld discussions with the Government ofBotswana on 9--10 I.arch. From there it travelled to Luanda, where it helddiscussions on 11 March with the Government of Angola and with the Presidentof SAPO, Mr. Sam Hujoma. The following day it was received by President dosSartos of Angola. On 13 March the mission held discussions with the Governmentof Zambia and was received by President Kaunda. On that date it was also

received by President Hachel of Mozambique. On 14 March the mission wasreceived by President Syerere of the United Republic of Tanzania in Dar esSalasr. Members of the mission visited Monrovia to brief President Tolbert ofLiberia, the current Chairman of the OAU, and Addis Ababa, to brief theSecretary-General of thae OAU. They also visited Lagos and briefed theGovernment of Nigeria.19. At the various meetings the mission gave an account of its talks with theGovernment of South Africa in Cape Town. The Governments of the Front-LineStates, and SIZAPO, made it clear that their main interest was in the earlyimplementation o: resolution 435 (1978), in which task they pledged their full co-operation. The Front-Line States also indicated that if there was a definiteundertaking by the South African Government for early implementation, theybelieved that it would be possible to resolve outstanding issues in a satisfactorymanner. They reaffirmed tbeir position regardinr! the demilitarized zone proposalas a reans of reselving outstanding issues impeding the implementation ofresolution 435 (1978).PAGE 107

n#Aj Cr .f REPRODUlhCED BY THE NAMIBIACOMMUNICATIONS CENTRES/13862EnglishPage 720. I should like to take this opportunity to place on record my deep gratitude andappreciation to the Heads of State and the Governments of the countries visi'tedby the United Nations mission for the co-operation and facilities extended to it.Observations21. The technical discussions which took place in the first phase of the missiondescribed above have served to clarify the proposed arrangements and working,methods for the demilitarized zone, UITAG liaison offices in the Front-LineStates, and the deployment of the military component of UNTAG. The UnitedNations mission has provided the parties concerned with all pertinent informationon the practical arrangements. I am of the opinion, in the light of the findings ofthe mission, that UNTAG could, with the co-operation and support of allconcerned, function and fulfil its obligations satisfactorily on the basis of thearrangements discussed.22. There is a limit to the degree of precision with which the details of anoperation of this nature can be established in advance, especially when there is nofirm indication that it will start on a specific date. United Nations experience hasshown that many anticipated problems which, in the abstract, may seem difficult,can be worked out relatively easily in practice provided all concerned wish to goforward and are prepared to co-operate in achieving the over-all objectives of theproposed undertaking.23. The South African Government has indicated that it needs some time toreview its position in the light of the discussions with the mission and of recent

developments in the area. It has stated, however, that it will give its reactions tothe proposals made by the mission as soon as possible.24. I am fully aware of the gravity and weight of the decisions that have to betaken by the parties concerned, of the anxieties on all sides regarding the possiblefuture course of events and of the need to build a climate of confidence. I feel,however, that we have come to a point where the necessary political decisionshave to be taken to move this matter from the stage of discussion to the stage ofimplementation. It seems to me that if the present opportunity for an early andpeaceful settlement is lost, the likely alternative developments would have graveconsequences for the region. I would hope therefore, that, on the basis of theexhaustive discussions which have been conducted over the last two years, it mayprove possible to move expeditiously to the process of implementation.ImA 1 AO/t

,.,l l l.I.*. ,rrl flr U AlA lllIA tAAAAAI l'lAITRF PAGE jogUNITED NATIONSDistr.S EC UR I TY GENERALS/13935C 0 U N C I L 12 May 1980ORIGINAL: ENGLISHLETER DATED 12 MAY 1980 FROM THE PEOMAIET REPRESENTATIVEOF SOUTHAFRICA TO THE UNITED NATIONS ADDRESSED TO THE SECRETARY-GENRALAt the request of the South African Minister of Foreign Affairs andInformation, the Honourable R. F. Botha, I am enclosing the text of a letter he hasaddressed to Your Excellency on 12 May 1980.I should appreciate it if this letter could be circulated as a document of theSecurity Council.(Signed) J. Adriaan DKTEI Permanent Representative80-11808PAGE 109...

DAr-CIIA RFPRflflhCIf RV TI4EA IR COMUlDCATIONS~CEAITRES/13935EnglishAnne:Page 1AnnexLetter dated 12 May 1980 from the Minister for Foreign Affairsof South Africa addressed to the Secretary-General1. As has been repeatedly stated, South Africa seeks an international settlementof the Namibian question. In this spirit the South African Government accepted

the concept of a Demilitarized Zone (DMZ) as a possible substitute for themonitoring of SWAPO troop restrictions to base, as provided for in the settlementproposal(S/12636) accepted by South Africa on 25 April 1978. It did so on theunderstanding that certain issues would be satisfactorily resolved. Thus a numberof aspects of the DIM were fully explored during the visits of the United Nationsteams to South West Africa/Namibia and to South Africa in February and March1980 respectively, as outlined in paragraphs 9-17 of Your Excellency's report of31 March 1980 (S/13862).2. In an effort to facilitate the implementation of the settlement proposal, SouthAfrica, in the course of the discussions, accepted the following:(a) The South African port of Walvis Bay could be used by UNTAG for logisticsupply.(b)' Maximum logistic assistance within the limitations of South Africa's ownresources could be provided to UNTAG.(c) The air conponent of UNTAG could be militarized.(d) South African bases in the DMZ, which South Africa vould-under thesettlement proposal be entitled to retain during the first 12 weeks of thetransitional period, could be reduced by 50 per cent.(e) The full authorized military component of UNTAG could be deployed (thereserve battalion no longer remaining in the country of origin as has been agreedpreviously).3. On the basis of information made available to it, the South AfricanGovernmenthas now tested and evaluated the feasibility of the DMZ, especially whether itcould be a possible substitute for the monitoring of SWAPO troop restrictions tobase.4. In the context of its effort to make the DMZ a feasible proposition, and forreasons fully explained to the United Nations teams, the South AfricanGovernment wishes to be informed whether the introduction of the DMZ wouldmean that:(a) The South African Government's offer to reduce its bases inside the DM2 by50 per cent to 20 selected locations is accepted;(b) The effectiveness of UNTAG inside the DMZ will be increased through thedeployment of a substantially larger percentage of UNTAG in the entire zone;I...DA t' . 11N

PA~i 111REPRUDULID U I II IVAMIUIR IIMIJIVI'.J I JUlY. L arV I n111S/13935EnglishAnnexPage 2(c) Acceptable arrangements regarding the disarmament of SWAPO personnel on

the closure of bases, -i.e. seven days after certification of the election, would bemade; and(d) The claim by SWAPO to bases inside the Territory would not be revived.5. It would of course also be desirable that all elements present or operating in.the DIM extend their co-operation to make this proposal effective. In this regard Irefer to a telegram addressed to Your Excellency by a representative of thePresident of UNITA on 3 March 1980, and copied to the South African PrimeMinister. A copy of the text is attached. The implications of this cormunicationshould not be underestimated.6. South Africa has been pressing for urgent implementation of the settlementproposal since accepting it on 25 April 1978. Various opportunities to implementit have been frustrated as a result of deviations condoned by the United Nations atthe insistence of SWAPO. The successful implementation of the settlementproposal or of any proposal designed to achieve a peaceful solution will continueto be seriously jeopardized if all the parties are not treated on an equal basis.There is no Justification for the General Assembly to declare one party the solerepresentative of the Territory and to act accordingly. The parties are entitled toequal consideration of their views.7. Your Excellency will be aware of the extreme concern which exists regardingthe impartiality of the United Nations, a prerequisite to free and fair elections.Moreover, it has consistently been the South African Government's position thatequal treatment should be extended to all political parties participating in thepolitical process. You will recall that the representatives of the political partie inSouth West Africa/Namibia found it possible to agree to travel to Geneva for thesimultaneous consultations conducted there in November 1979 on theDemilitarized Zone, when you were able to assure them that they would haveequal access to your representatives. They interpreted this reaction on your part asan acknowledgment of their equal interest in deliberations affecting their future.However, General Assembly resolution 34/92 of 12 December 1979 reverted tothe affirmation that SWAPO is the sole and authentic representative of the peopleof South West Africa/ Namibia and granted increased financial assistance toSWAPO, again severely compromising the United Nations claim to impartiality.Pursuant to this resolution, the Council for Namibia embarked on a series of visitsin which representatives of SVIAPO were to be included. These visits were tocover various countries, including the Five for the first time since thecommencement of their settlement initiative.8. The South African Government deems it imperative that all participants in thepolitical process must now be placed on an equal footing at least by those directlyresponsible for implementation. Accordingly, the South African Governmentwishes to be informed whether:(a) The Secretary-General and the Secretariat will refrain from giving effectto the recognition by the General Assembly of SWAPO as 'the sole andauthentic representative of the people of Namibia";

DCDDI~flhJfCfl DV TLIC AlA AAIRIA rnARUIIAUfATIAAK CPAITR~rM'aE I IL *fl.r ~ &5U * V #~ ~ -- .-. . . -..- -

S/13935EnglishAnnexPage 3(b) The Secretariat, which has a major fiduciary and practical role in regardto the impartial implementation of Security Council resolution 435 (1978),will refrain henceforth from giving effect to those elements of General Assemblyresolutions, and resolutions of subordinate bodies, in respectof South West Africa/Namibia, which single out S.-APO for preferentialtreatment not accorded to other political partiesi and(c) The Secretary-General, as head of the Secretariat, will refrain fromapplying funds from the regular United Nations budget, for the exclusiveuse of SWAPO, to promote its aims and purposes, inter alia, through itsoffice in New York and its inclusion in the activities of the Council forNamibia, for which it is financially assisted by thp United Nations.9. The political parties of South West Africa/Namibia rightly demand fair andequal treatment. I urge Your Eccellency to enable the South African Governmentto satisfy the political parties as to the impartiality of the envisaged UnitedNations involvement in the process leading to an election and independence.10. As soon as the issues raised herein have been resolved the South AfricanGovernment would co-operate in implementing Security Council resolution 435(1978)-I...ocponn"rz DVrUCA1A"fR rQM WrATIONS CENTREr/4%2c 1 14rl A d . i 44.ul

DrDnnDA l 'flfl U NMRAR COMARIICATIONS CENITRE PG1S/13935EnglishAnnexPage 4EnclosureText of a telegram dated 3 March 1980 addressed to the Secretary-General of theUnited Nations bv a representative of the President of UNITA andcoried to the Prine Minister of South Africa"We have always hoped that all the parties concerned with the projectof the creation of a deilitarized zone in South of Angola would take upcontact with UNITA which effectively controls the population in that zone.As we have learnt by radio that a delegation of the UNO was in theregion in connection with this subject, we have decided to sent thistelegram to you to state the following:(a) We demand. to become a party to take part in putting into effect theplan for the creation of the zone in question.(b) We call for a guarantee of freedom of movement for our populations

which live from cattle.(c) If the UNO forces which will establish themselves north of Namibiatry to intervene in the life of the peaceful populations under ourauthority, UNITA will take all the appropriate measures.(d) After having fought Portuguese colonialism for fifteen years and afterfour years of resistance against Russian-Cuban neo-colonialsm, we consider that anew intervention by foreign forces in the South ofAngola, on the side of Cuban forces will not be tolerated by ourpeople and by our UNITA movement.Our foreign representative, Mr. Jeremias Chituanda, who is in NewYork at this moment is authorized to discuss this problem with yourrepresentative if you consider this useful."PAGE 113

RDrDDrnI BIrf RY TIE NAMIIRIA COMMUNICATIONS CENTREUNITED NATIONSDistr.S E C U R IT Y GENALS/14OllCOUNCI L 20 June 1980ORIGINAL: ENGLISHLETTER DATED 20 JUNE 1980 FROM THE SECRETARY-GENERALADDRESSED TOTHE MINISTER OF FOREIGN AFFAIRS AND INFORIJATION OF SOUTHAFRICAI have the honour to refer to your letter of 12 May (S/13935). I welcomeour Excellency's reassurance that South Africa seeks an international settlementof the Namibian question within the framework of Security Council resolutionh35 (1978).You will recall that the concept of the demilitarized zone was advanced by thelate President Neto with a view to facilitating the implementation of resolutionh35 (1978). I have now held further consultations in the context of South Africa'sacceptance of the concept and its desire to make it feasible. Your Excellency, inparagraph 4 of your letter, referred to the four remaining matters on which furtherinformation was sought.As regards the matter of selected locations, the Governments of Angola andZambia have confirmqd to me their desire to retain a total of seven such locationsin their portion of the proposed zone. The Front-Line States and SWAPO havestated that, in their view, the South African claim to retain 20 bases in theNamibian sector of the demilitarized zone during the first 12 weeks after thecease-fire is unnecessarily large. However, in the interest of obtaining a finalsettlement to the Namibian question, the Frcnt-Line States and SWAPO wouldagree to this total, within the framework of the provisions of the settlementProposal (S/12636).Your letter also refers to that part of the settlement Proposal dealing with theclosure of SWAPO bases in Angola and Zambia one week after the certification

of the result of the election. The Governments of Angola and Zambia havereassured me that no infiltration of armed SWAPO personnel will take place fromtheir territory into Namibia after the cease-fire. By their acceptance of thesettlement Proposal they had undertaken to ensure that the provisions of thetransitional arrangements, and the outcome of the election for a ConstituentAssembly, would be respected. In the interest of establishing a climate ofconfidence, the Front-Line States informed me of their desire for a reciprocalundertaking by the Government of South Africa that it also would accept andabide by the outcome of free and fair elections held under United Nationssupervision and control. As sovereign States they would diligently exercise theirresponsibilities in compliance with the letter and spirit of the Proposal. It follows,therefore, that the closure of the bases and the disposition of arms and equipmentwould be the responsibility of the host Governments. Their final dispositionwould be80-15410 /...rI'3C I 1P4,I A /"l 44R

nrnneinI IP'f DV TL1JU AA iVRI ( U MirAAK Q ATRE AE 1S/14011EnglishPage 2undertaken by them in consultation with the Government of the independent Stateof Famibia. The personnel previously resident in such bases would, of course,have the opportunity of peaceful repatriation to Namibia.As regards the question of SWAPO bases in Namibia, I would recall that, as yourGovernment has been informed, the front-Line States and SWAPO decided, inAugust 1979, that upon South Africa's acceptance of the demilitarized zone, andupon implementation of resolution 435 (1978), this question would no longerarise.As to the question of the deployment of UNTAG's military component, I wish toassure Your Excellency that we have a common interest in ensuring that UNTAGis fully capable of fulfilling its responsibilities. You are certainly aware of thewide range of tasks assigned to the military component of UNTAG under thesettlement Proposal. As previously explained to your military advisers, themilitary component is required to perform approximately 10 different categoriesof tasks, apart from patrolling in the demilitarized zone. These duties must becarried out throughout the vast area of Namibia within a total troop strength of7,500, including headquarters and logistic elements. Nevertheless, according tothe provisional deployment proposals outlined by the United Nations mission inFebruary and March 1980, five of UNTAG's sevenbattalions would be deployedin the demilitarized zone together with substantial elements of its monitoring, air,communications, transport and other units. I should also like to reiterate thatUnited Nations'peace-keeping operating procedures are of a different nature tothose pertaining to a national defence force. In particular, UNTAG's provisionaldeployment proposals assume the existence of a cease-fire and the co-operation of

all parties concerned. In setting them out, General Prem Chand emphasized notonly this point, but also that final decisions concerning deployment could be takenonly in the light of the circumstances prevalent at the time of implementation.In view of the information thus provided upon these questions, which were thoseremaining to be dealt with after the recent United Nations mission to southernAfrica, I hope that Your Excellency will now be in a position to co-operate in theimplementation of Security Council resolution 435 (1978).In your letter of 12 May, Your Excellency went on to mention several additionalmatters in regard to which I should like to make the following observations.As regards paragraph 5 of your letter, I am sure you will understand that inimplementing Security Council resolution 435 (1978) the United Nations willcontinue to deal only with the parties envisaged in the settlement Proposal(S/12636) and in the demilitarized zone proposal.Your Excellency states that the South African Government deems it imperativethat all participants in the political process in Namibia must now be placed on anequal footing at least by those directly responsible for implementation. In thisconnexion, I, for my part, would reiterate that the principle of impartiality hasbeen, and will be, consistently followed in the implementation of SecurityCouncil resolution 435 (1978). You will recall that in paragraph 1 of my report of29 August 1978 (S/12827) I stated that "In -erforming its functions, U17TAG irillI..PAGE 115

~~III~5~ D~ TLW ~~~AE~UA IV~AAAMIAIrATIIIAIq (~PJTP~s/4OllEnglishPage 3act with complete impartiality. In order that the proposal may be effectivelyimplemented, it is expected that the Administrator-General and all other officialsfrom within the Territory will exhibit the same impartiality". This report wasapproved by the Council in resolution 435, has been accepted by all the parties,and will govern them in the exercise of their various functions under the Proposal.Thus, not only the Secretariat of the United Nations, but the South AfricanGovernment and its officials will be expected, in the implementation of theSecurity Council resolution, to carry out their duties with complete impartialityand-without any discrimination. I trust that Your Excellency shares these views.In my opinion, the holding of free and fair elections has, as its prerequisite, thatall parties be granted fair and equal treatment by all the responsible authorities.This requirement is central to the settlement Proposal which makes provision foreach stage of the electoral process and in regard to all measuresaffecting the political process at all levels of administration. It states that everyadult Namibian, without discrimination or fear of intimidation from any source,will be eligible to vote, campaign and stand for election to the Constituent

Assembly. It makes provision for secret ballot, and for full freedom of speech,assembly, movement and press. It requires that the electoral machinery ensurethat all political parties and interested persons, without regard to their politicalviews, shall have a full and fair opportunity to organize and participate in theelectoral process. It requires the repeal of all remaining discriminatory orrestrictive measures which might abridge the objective of free and fair elections,and the release of all political prisoners or detainees so that they can fully andfreely participate in the electoral process, without fear of arrest, detention,intimidation or imprisonment. The Proposal also provides for the peaceful returnof all Namibians in exile so that they, too, may fully and freely participate in theelectoral process without risk of arrest, detention, intimidation, or imprisonment.It stipulates that all Namibians be given a full and voluntary choice whether toreturn. It requires that my Special Representative take steps to guarantee againstthe possibility of intimidation or interference with theelectoral process from whatever quarter. Compliance with all the criteria indicatedin the settlement Proposal is a guiding principle for me and will be scrupulouslyensured by my Special Representative and his staff.Your Excellency also alludes, in paragraph 8 of your letter, to various resolutionsof the General Assembly. The implementation of Security Council resolution 435(1978) is undertaken specifically under the authority of the Council,in the context of the provisions of the United Nations Charter.I wish, finally, to reiterate my belief in the urgency of arriving at apeaceful solution to a question which has preoccupied the internationalcommunity for many years, and whose-unresolved condition has led to tragic lossof life and destruction in Namibia and throughout the whole region. I believe thatthis letter should resolve the issues which have stood in the way of theimplementati- of resolution 435. I would therefore like to suggest to YourExcellency that we now establish the earliest possible date for a cease-fire and theimplementation of the Security Council resolution.(Signed) Kurt WALDHEI1r-rft W a - A-11--r-Aic rrAITREPAGE Ila ncrnJLOU 0 frFEM"IM

^ffrt d1EF1 OVTrPJAAAIR rn""uIMrATIONSv CENTRE AE 1UNITED NATIONSDistr.S ECURsITYS/l4266C 0 U N C I L November 1930ORIGIIIAL: ElGLISHFURTHER REPORT OF THE SZCETARY-GENERAL CONCEPING THEIV!LM!.TTATIO] or SECURITY COUNCIL RESOLUTIONS h35 (1978) AND139 (1978) COPCERNIrG THE QUESTION OF N.AIIBIA1. On 31 4arch 1980 I reported to the Security Council (S/13C62) concerning theinplementation of Security Council resolutions 435 (1978) and 439 (1978) on the

question of 11amibia. In that report I described discussions undertaken bV amission led by Mr. Brian Urquhart, Under-Secretary-General for Special PoliticalAffairs, in southern Africa during February and 11arch. Followring detailedte;haical discussions on the proposed demilitarized zone, I concluded that, in theiight of the mission's findings, UNTAG could, with the co-operation and supportof all concerned, function and fulfil its obligations Satisfactorilyon the basis of the arrangements discussed. I also stated that we had core to apoint where the necessary political decisions had to be taken to move the matterfrom the stage of discussion to the stage of implementation.2. On 12 Hay l980 I received a letter from the South African '!nister ofForeign Affairs and Information, 71r. R. F. Botha (S/13935). "1r. Botha reiteratedthat South Africa sought an international settlement of the I*anibian question. Hestated that South Africa had tested and evaluated the feasibility of thedemilitarized zone and, in the context of its effort to make the zone a feasibleproposition, wished to receive information on four matters. Having alsomentioned certain additional subjects, he concluded by stating that as soon as theissuesraised in his letter had been resolved the South African Government would co-operate in implementing Security Council resolution 435 (1978).3. After consultations, I replied to 1r. Botha's letter on 20 June 1980 (S/14011).In my letter, I dealt fully with the four points which he had raised relating to thdemilitarized zone. I stated that in view of the information which I had thusprovided upon these questions, which were those remaining to be dealt withafter the recent United Nations mission to southern Africa, I hoped that SouthAfrica would now be in a position to co-operate in the imlezentation of resolution435 (1978). I also dealt with the additional matters to which he had referred. Ireiterated that the principle of impartiality had been, end would be, consistentlyfollowed in the implementation of Security Council resolution 435 (1978) andrecalled in this connexion my report of 29 August 1978 (S/12827) which statedthat "In performing its functions, U11TAG will act with complete impartiality. Inorder that the proposal may be effectively implemented, it is expected that theAdministrator-General and all other officials will exhibit thesame impartiality." Finally, I reiterated my belief in the urgency of arriving at80-30581PAGE 117...

,w%r.e | IP fl flhICv flv ........ ........... M... C.T..N. CS/14266ErglishPage 2a peaceful solution to a question which had preoccupied the internationalcommunity for many years, and whose unresolved condition had led to tragic lossOf life and destruction in Namibia and throughout the whole region.4. On 29 August I received a-further letter (S/14139) from the South AfricanMinister of Foreign Affairs and Information, M. R. F. Botha. This letter, inter alia,

contained a number of "assumptions" made by South Africa in regard to thematters described in mj letter of 20 June. The assumptions related to certain of themilitary and technical subjects which I had clarified, including the functioning ofselected locations in the demilitarized zone, the return of SWAPO personnel afterthe elections, the commitments of Angola and Zambia, and thedeployment of UNTAG's military component. Mr. Botha then dealt Lt length withthe question of impartiality. In conclusion, he stated that, on the basis of hisassumptions, and my confirmation, the South African Government stood ready todiscuss with me the composition of URTAG, the status of forces agreement andthe setting in motion of the implementation of resolution 435 (1978)..5. Following extensive consultations, I replied to this letter on 19 September1980 (S/14184). I stated that, taking all f&ctors of the situation into account, aswell as the need to move forward without further delay, it was my belief that weshould nov proceed with the implementation of the United Nations plan. Iproposed to Mr. Botha that I send a team of senior officials to South Africa todiscuss with the Government the setting of a time-frame and other modalities forsuch implementation. I recalled that I had, on many occasions, expressed my deepconcern at the cycle of violence resulting from the unresolved nature of theNamibian question. I reiterated that the best way to stop such violence was toestablish, as soon as possible, the cease-fire which is the first step in theimplementation of Security Council resolution 435 (1978).6. 1r. Botha replied on 22 September (S/14185) suggesting that the UnitedNations mission visit South Africa during the period 20 to 27 October 1980. Heassumed that at the outset the matters raised in his letter of 29 August would bediscussed. I replied on 25 September (S/14202) stating that, while I would havepreferred an earlier date, I had noted the reasons for the suggestion of 20 October,and would be arranging for the United Nations team to be in Pretoria on that date.7. After I had held consultations with the Security Council on 15 October 1980,the United Nations mission departed for South Africa. The mission, led by theUnder-Secretary-General for Special Political Affairs, 11r. Brian Urquhart,consisted also of Mr. Abdulrahim Farah, Under-Secretary-General for SpecialPolitical Questions, 1r. Nartti Ahtisaari, my Special Representative for Namibia,Lieutenant-General D. Prem Chand, Commander-designate of UNTAG's militarycomponent, and a group of senior political and military experts from theSecretariat. The mission had discussions with the South African Governmentfrom 20 to 25 October in Pretoria.8. At the opening meeting, 1r. Urquhart first summarized the course of eventssince the visit of the previous mission to South Africa in !arch 1980. He40RE:PRODUC(ED BY THE NAMIRI COMMUNICATIONS CENTRE

D-DOIren RV THE Ai/IRIA COMMIU/INICATIONS CENTRES/14266EnglishPage 4

11. The United Nations mission pointed out that the establishment of trust andconfidence was a subjective and imprecise criterion. If any party sought to use itas a pretext for delay, the implementation of resolution 435 would be seriouslyundermined. The mission strongly expressed the opinion that the South Africanviewpoint should not imply the introduction of a general reservation to prioragreements. The mission was assured that no such reservation was contemplatedand it reiterated, once again, the need for a time-frame for implementation.12. Mr. Urquhart then dealt with the question of impartiality in regard to theimplementation of resolution 435 (1978). He said that impartiality had twoaspects: undertakings which the United Nations may reasonably require of theSouth African administration so as to ensure the impartial discharge of itsresponsibilities under the settlement Proposal (S/12636); and those which theUnitedNations would wish to adopt in order that its impartiality as the supervisor of freeand fair elections would be manifest. Mr. Urquhart recalled that UNTAG hadbeen established by the Security Council. The settlement Proposal and resolution435 (1978) contained full provisions for the holding of free and fair electionsunder United Nations supervision and control. Resolution 435 (1978) would bethe governing resolution for the conduct of the elections and was therefore solidlybased on provisions for the fair and equal treatment of all parties. TheSecretaryGeneral had given repeated assurances of United Nations impartiality inthe conduct of the elections. All participants in the political process would, at thecommencement of the transition period and thereafter, be placed on an equalfooting by UNTAG, which would be directly responsible for implementation.Upon agreement on implementation, including an early date for cease-fire andemplacement of UNTAG, appropriate measures would need to be taken to supportand ensure such an approach by both the United Nations and South Africa.13. Mr. Fourie stated that the discussions had make it clear that lack of trust wasthe main obstacle in the way of implementation of resolution 435 (1978). He saidthat he believed that the internal parties had emphasized that obstacle when theyhad called on the mission. He repeated that if South Africa were to proceed toimplementation a solution to this problem must be found.14. The mission explained to the South African Government the situationregarding the composition of the UNTAG military component. Mr. Urquhartdescribed the normal processes of consultation and emphasized that finaldecisions on composition were taken by the Security Council on the basis ofproposals by the Secretary-General. The mission also held discussions with theSouth African Government regarding the draft status of forces agreement andidentified the remaining minor matters on which agreement would be sought upona decision being taken to implement resolution 435 (1978).15. In his final statement on 24 October Mr. Urquhart reiterated, once again, thepressing need for a South African response to the mission's repeated request foran agreement on the implementation of resolution 435 (1978) including, inparticular, an early date for the cease-fire and the emplacement of UNTAG. Hereferred to the deep concern of the United Nations membership as a whole and of

the African States in particular over the protracted delays. On the residualquestions, as well asPAGE IZU

A,~,rV/UUEr. of'L~ I"AlA L10I fr A)A1'fAIc r0AITREPG2S/1266EnglishPage 5on the matter of creating confidence, Mr. Urquhart said that he believed thatprogress had been achieved during the talks with the South African Governmentand that no insurmountable obstacles should remain, if the political will toproceed were present.16.t During the concluding phase of meetings with the South AfricanGovernment, discussion focused upon the question of means to facilitate theimplementation of resolution 435 (1978) within a specified time-frame and in acontext which would deal with any remaining concerns. In this connexion, viewswere exchanged on the subject of a possible pre-implementation meeting.17. At the end of the mission, Mr. Farah and Mr. Ahtisaari travelled to inform thecurrent Chairman of the Organization of African Unity, and the Presidents orPrime Ministers of the front-line States and Nigeria, concerning the discussions inPretoria, and to brief the President of SWAPO. Consultations also continued withthe Government of South Africa which, on 21 November, stated that it gave itsassent to the conclusions which are set out in paragraphs 18 to 24 below. Whileassent was also given by the other arties consulted to the course of action thereproposed, concern was expressed that if the time-frame for startingimplementationwere linked even indirectly to the issue of trust and confidence, there could be therisk of a further and unacceptable delay. In this connexion, I have set out theposition taken by my representatives in Pretoria in paragraph 11 above. I amdeeply aware of the concern of the international community over the all too-longpostponement of a solution to the question of Namibia. I believe, however, thatwe may have reached a decisive phase in the long and difficult effort to resolvethis question. I hope, therefore, that all concerned will now be prepared to moveforward boldly and in good faith along the lines now suggested in order to ensurea sequence of events leading to the start of implementation of resolution 435(1978) in March 1981, and independence by the end of 1981. In the consultationswhich Ihave undertaken since the return of the mission with the Governments of the fiveWestern members of the Contact Group they have pledged their support for thecourseof action proposed and in particular for the time-frame set out below. They havealso emphasized that they will continue to use their good offices to this end.Conclusions18. It is of vital importance that the independence of Namibia should be achievedin 1981, in accordance with Security Council resolution 435 (1978). In order to

achieve this aim a date for. the cease-fire and a start of implementation should beset in the early part of 1981.19. One of the main obstalces to progress in the negotiations hithereto has beenacute mutual distrust and lack of confidence. The mission was informed by theSouth African Government that this problem in itself affects the setting of a datefor implementation. It was also informed that, if this obstacle can be overcome,the end of 1981 would be a realistic target date for the independence of Namibia.20. A means of facilitating agreement and of creating the necessary climate ofconfidence and understanding would be a pre-implementation multiparty meetingin which the parties concerned in the envisaged election would be included. Thereis general agreement that this meeting should be held under the auspices of theSecretary-General of the United Nations.PAGE 121

r vrue AlA AAaIfIA rnAIIAIIATI)AN CFNTRES/14266*FnglishPage 621. There have recently been a number of initiatives and approaches from variousquarters for such a meeting based on the United Nations plan, in conformity withSecurity Council resolution 435 (1978) and other practical proposals. Such ameeting could facilitate the implementation of that resolution by discussingrelevant aspects of implementation with the purpose of securing the co-operationof all concerned. In this connexion it will be recalled that, under the settlementProposal, the task of drawing up and adopting a Constitution is the function of theConstituent Assembly.22. It would be understood that the proposed meeting would be held in the contextof an agreed time-frame, with a view to the parties themselves assisting inresolving difficulties created by distrust and lack of confidence, South Africahaving reaffirmed its continuing role as the interlocutor under resolution 435(1978).23. In the expectation that the problem of confidence can be overcome by theholding of such a meeting, and subject to a satisfactory arrangement concerningthe composition of UNTAG, I would, on the basis of the discussions recently heldin Pretoria and after the necessary consultations, propose March 1981 for thecommencement of implementation of resolution 435 (1978).24. Accordingly, the intention would be to hold a pre-implementation meetingfrom7 to 14 January 1981 under the auspices and chairmanship of the United Nations.The basis of the meeting would conform to the formula agreed upon duringbilateral discussions held earlier this year on the question of "direct talks".Accordingly, South Africa and SWAPO have been contacted concerning thecomposition of the respective delegations that would participate in the meeting. Ihave also contacted the front-line States and Nigeria, the OAU and the ContactGroup of Five Western States about the sending of observers.PAGE 122 nCrnVUV%.£ r 0 v. ,,,,,. ......... ....

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 123PRE-IMPLEMENTATION MEETING ARRANGED BY THE UNITEDNATIONSIN GENEVA.Statement by Mr. Ahtisaa-i on the St-ucture of 7.Rm.AC and the Roieof the Svecia! Eeuresentative, Afte--oon Session, 7=-sday, 8 X-anuary 1981Excellencies, ladies and Gentlemen:I should, very briefly, like this aftenoon to describe for you the oTe-allstructure of UNTIe, shoving hov the United Fations vil2 ca.rry out its dutiesunder the settlement Proposal and resolution'435 61978). I vill also outlinethe duties of the Special Representative under this resolution.The .documents to which I vill be referring are the settlement Proposal(S/12636) of 10 April 1978; the Secreta.--General's report to the SecurityCouncil of 29 lugst 1978 (S/12827); Security Council -esolution 435 (1978);and the Secretaxy-Gener-al's letter to Mr. Pik Botha of 20 June 1980 (S/lsCll).There are, of course, many other relevant passages among the other publisheddocuments because, as Mr. Urq uhart has stated, 73TIG will have a %niquebackground when it comes to do its job. There is an unusually vide area ofprior agreement, arrived at after yea.rs of detailed discussion.For us, hoveTer, in planning for UNTAG, the original settlement Proposal(sf12636) of 10 Aril 1978 as apprOved by the Security Council in r-esolution435 of 1978, has a very particular status. It lizs been our conviction,thrughout '-t-ese years, that we must abide by it p-ecisely, and that all theother partias rust do so, too. If any of us seek to diverge, then ve all -=nthe risk of destroying the present possibilit. of at last getting a peacefulsettlement to this most complex, and long-estand!±g, inte_-ational problem.Since 1978 attention has been almost entirely focussed on particular aspects of thesettlement Pro posal, and acme uncerta-inties axising fro-m them. These,we believe, have nov been dealt -ith. Th-e vastly larger area of commonground has thZs sometines tended to be forgotten. I t Ie eve--ybody here willunderstand this because all of us deal with practical matters, a.d weall ]crcv that one can only plan aead to a certain degree.Mr. Unquhart has already described the overall p:urpcse of thesettlement Proposal. =ts objective is the holding of f-ee and fai- electicns, underULN supe-rvision and cont-ol, and an "':artial electoral m-rocess. Zver-thin--gelse in the Proosal is a necessary aid to that e=d. in the same.va7, the -roposal gives us a step-by-step 3rocess. Tarious thin-s_ =us: *edone at or before various .tines. The P-orosal sa-s that i, as SpecialZepresentat~ie, appointed in te_--s of Security Council resolution 431(1978), -ust satisfy myself at each st.aqeas to the fai_-ess and...

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a to the fairness and appropriateness of all =easures affecting the political processat all levels of atinln.stration before such eur.es take effect, and it states that theSpecial Re;-esentative may make proposa.ls in regard to any aspect of thepolitical process. It e=phasises that he has to be satisfied on a series of otherpreparatory matters. For eza=ple, the Special Representative has to be satisfiedthat all remaining discri=minatory or restrictive laws and :easures that mightinhibit free and fair elections have been repealed prior to the electoral ca=paign.He must be satisfied that all political prisoners and detainees have been released.All 'a.ibia.ns outside the Territory must be permitted to return peacefully andparticipate fully and freely in the electoral process, and the Special Representativeis to ensure vith the assistance of the U1MECR and other L-iterational bodies thatall Namibians remaining outside of Namibla are given a free and voluntary choicewhetber to return. As Special Representative, I have many other specific dutiesunder the Proposal. I am, for instance, to satisfy myself as to the implementationof all the military, including the cease-fire, arrangements, and to keep the Secreta-y-Ceneral informed of developments. Ae rega-rds the police, the SpecialRepresentative has a responsibility to be satisfied that the Adnirist.ator-Ge=ea.-lensures the good conduct of the police forces and their suitability for continuedemployment during the tr-.sition per-od. 3e is also to rake arrargements whenappropriate for UN personnel to accompany the police forces in the dischzzge ofthei_ duties. The Proposal also states that the Secial Re-resentative is to take stepsto gunantee a- s-t the pcssibility of intimidation or interference with the electoralprocess fro-m whatever cua=ter. At the end of the electoral process, it is my dutyto ens-r.-e the proper and t*.'ely tabulation and publication of voting results - thecertificaticn of the election..These, then, are scme of the fuctions which 1, as the Seireta.rGeneral 's Specialeresentative ust :u'ufil in accordance -ith Security Council reso.utions. As theSecretay-General stated in his letter to Mr. votha of 20 = "he 1960 (S/1!011)"Compliance with all the criteria indicated in the sette=ent .r-cposal is a guidingprinciple for me and will be scrupu ously ensured -y my Special Representativeand his staff". I an deeply conscio-.s of the historic nature of ny duties - .oth forthe ;eople of X-=itia and, indeed,for the whole interational cc=. --ty.I shall, of cuse, /...Orp-r-'En Dy *rL'c A'A AAIDIA rQAAM"N1rA77QNS CENTREPAGE 124

Rrn'nWTIr~D L~M -AjJ (AJAI lArA TlAAMC CrITRlPAE 2I all, of cou.rse, have avrailable to me the higest levels of profession l1 adviceand assistance, and You will be hearing later from Mr. -an-aatne, frum the HigCo-Lssioner for Refugees, from Chief Superintendent Fa.nni g, and f=m GeneralPre= Ch.and. I shall be most fortunate in having the counsel of such experiencedcolleagues.May I now turn to the struct---e of UNTAG, which follows the lines of the Secr-eta--General's report (S/12827), of 29 August 1979, which was adopted inresolution 435 (1978). That report spelt out how the United Nations would carryout its duties under the settlement Proposal, and resolution 435, which

incorporates it, has been accepted by all the parties. In .carrying out my functionsI shall be assisted .by 'MIA, which will have both a civilian and a military co-.onent. There will be five functional departments of UMT.W5, all carrying outduties under various parts of the settlement Proposal. There is the militaryccmponent, led by General Pre= Chand, who will set out its duties when hespeaks tomorrow. This will consist of 7,9500 troops, the majority being deployedin the northern part of .Namibia. Then, there is the g-r oup of police monitors,about whose deployment and functions Chief Superintendent Fanning will alsospeak tomorrow. It is estimated that there will be 360 police monitors. 3ext, is theunit to which the Rih Co==isslone-" for Refugees will refer tomoro-v morxning.Fou=thly, there is the election supervisc--y demartuent headed by Mr.ranakaratne, which -ill ha-e the initialresponsibility for dealing with all electoral questions. Be will describethe functioning of this depart=enV'in a few moments. "3ut let' me reiterate :' thisconnexion that the Settlement Proposal states that the elections will be organizedby the Aim"4-4st--ztor-Gene--a2. It is U.-G's duty to , -ze--7-ise andcontrol them. In this connexion, there will be W.IG distric% c=tres and subcentresthroughout the Teitory. They will principally be situated at te t -inpopulation centres, and they will have especial responsibilities du=i=z theelectoral period. But they will, .on my be alf, establish and maintain contactsand com=unications with all local authorities and represen2tatives 4n thei-areas ofres.zonsibility, and I attach ;--eat importance to their success inthis regard. indeed, the success of UNhG wll in ve- great =eas;re dependupon the effectiveness of consultation, which will be a continuing p-ocess, withthe .1-inis--'crenal ami1 his staff, the local auhorities, and ofcourse, all --he political parties in yamibia.I should also ie /...PAGE 125

D~,,L5r AlA BAIDDA dIIAARAIIMIrATIAAIc (~hITR~ rAU~ [LUnrrnuuuvrL, ~, u~i~ ,wMvwai '-'s I..... -.I should also like to refer to the office of the Independent Jurist. The functions ofthis office are set out in paragraph 7B of the settlement Proposal. This paragraphstates that, in regard to the release of political prisoners or detainees, should anydispute arise, such a dispute "shall be resolved to the satisfaction of the SpecialRepresentative acting on the independent advice of a jurist of internationalstand.ng who shall be designated by the Secretary-General to be legal adviser tothe Special Representative". We regard the independence and autono=y of thisIndependent Jurist as being of the highest iportance to the success of U14TAG.He will, of cou-se, function with the greatest degree of independence in a:corda=ewith the Proposal, and the Secretary-General has designated a Danish Judge andprofessor, Professor Carl rgaazd, to fulfil this i=portant role. Professor117r&gard is the vice-President of the European Human Rights Commissionbased in Strasbourg, and is a leading intern-ational lawyer. He will have a smallprofessional legal staff to assist him in ca.rrying out his judicial duties in Na=ibia.

My own office, and my executive of i.ce, need no elaboration. Nor does that ofthe Chief kdni-istrative Officer, who will be responsible for all the administrationof UST.AG - personnel, finance, proc-.e-ent, logistics - all the "housekeeping"functicns, if I may call them that. Then there will, of cour.-se, be ZN liaisonoffices, as described in va-ious of the Secreta-y-.Cene---l's reports, in Angola,Botswana and Zambia. These will be headed by senior United Nations civilian"ersonnel, but those in Angola and Zanbia will also have militar7 personnelattached to them for liaison purposes. As agreed with the Gove--ments concerned,there will be constant co-- mication between my office in Windhoek and theliaison offices in the three caitals, and a twoway flow of infor-ation on relevantaspects of TNTAG's, and the Front Line States' functions under Uhe UN? plan.Overall, the present staffing proposals for T.rTZA show the follcwingapproximate figures.That part of the civilian :=ponent which will be present in Namibia f== cease-fireto elections will consist of approximately 170 intenationa.lyrec .ited ;rofessionalsf--)= the United Nations Secetariat, asssted by approxim-ately 230 inter.-aticnally-recr--ited general and field-service staff. During the period frmregistration of -oters to the certification of elect an results - arcccxi=ately fourmonths'- there will be a further 200 electoral staff, and, during the actual pollingperiod, a further 620 who will be presentat the rolling stations /P~th 11.0 crnuuu ,,cu DVrC ! I A FIt; Ie"nVI AIAAAlwlv1l#IATIn. iCrCAIR,

cnD^nift'cng>vTijcA#A"IRI,årn MilljfrATInJUICCENTREat the polling statlc=. V3W vill a13o h&Te a substant-Jal rr=be= of pc.-sc=elloca.lly recraited in ffa=Ibia - about i thaugard - vtw vill ca--.7 Gut i TJ=iety ofse=vice f=etio=S - the7 vill te clrive=zt izte.rp=mtc-_3 and=anull labov.-c= 01 v=ious kinds. Then, et cou=el the=e vill be the '9060 VilråGpoljcc =onito=, aljo pa=t of tbe ciTillan co=onent. The :Iiljtarj c=ponent, as IhaTe mentioned, vill conslåt of 7,5c0 persc=el, -4-17 iz the north.Orerul, quite a small proportion of the pergorzel who vill be the"tbroughont tteintc=ý.= peziod vill act=Ily be based L-n WI=dhoek. On prese=t calemla:,.lic-iz,o£ the 4CO inte--natior.C sta££ wto vill be In Ya=ibia f=== cemefi=e untilelectiors, about 150 vill be at MÅG heajkua=ters In the cIt7. There vill also bez=all police and mil£tarj headqua=tte= co=panies in VirAhoek. TI:e =c-ni UNpersormel vill be de-ployed, UL-vu#cut th.eTcr=ito=y - cifili=s, police monitors and militax7.I hopc that i ha-we be.= alble to set these =atte= aut quite clear17, but I ahall, ofco=se, be =ost villi::g to ti7 to clari£7 an7 =ce:rtai=tics y= may hLTe, as I ha-reCwa7s t=ied, to dc duiizg ::y visits to Sr_-Jbia. I ha-ve had the oppo=tuc4 t7previousl7 of zeetirg =ost af t!ýe of the tvo dele;atlo= p=cse=t today, either i='T=ibia o= elsevý.ere becm=e, as ycU l=ov, I haTe Ince= atle to t_-wrelextc=siye17 t:-_-_mu#cut the IC=;%h and 1-=Cad.2% cf the Te=4to=7. : vwmt toass==9 7= Chat wc a-re =de= ro 13

.o Cc A*-e=sior.% of c= taskz. V-he ieoc--aph7 a£ Tw= cz =%_7 vill = Ccph7zical resc=zes of t-te UnIteå Natiors to the ut=st. åt t!:c s=e tý=c, ve ha-ve rodzu*z-t -.1-az, igt-.n-n the Inacký=g of tI-e ýzte=aticr_-_' which ve Irxv we stzll*ý--7e, VIMIZ c= its cmc=us but hsto=lJa:Iiss:jon i= assizti=g L-i IT=ilmla to its '-depe=de=cc.PAGE 127

1-nPAGE 128 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREPRE-IMPLEMENTATION MEETING ARRANGED BY THE UNITEDNATIONS IN GENEVAStaterent made by U7Th1AC Police Consultant. Chief Superintendjnt StevenFannir g to the Naibia Pre-I-er-entation Meetirn, Geneva. MrnnESession. 8 JLnua.y 1981. on the subject of UM1TAS Police MorditcrsMy presentation will be divided into four sections. First, I willdeal with UNTAG's terms of reference, so far as the police are conce-ned,and thus the tasks of VMTTAG police monitors. Secondly, I will refer to ourconsultations since 1978 in regard to the execution of these tasks.Thirdly, I will describe the command structure and deployent of UYTAGpolice monitors. Finally, I will conclude with one or two re=axksregarding the particular conditions in which the police mon/itors will operate inNamibia. I will then seek to answer any questions on thesubjects of tasks and deployment within the time remaining to us.1. UNTAG's terms of reference recardinz the DoliceThe functions of UNTAG Police Monitors are established in thesettlement Proposal (S/12636, para. 9). The Secretary-General dealt withthis matter in paragraphs 29 and 30 of document S/12527 and in hisExplanatory Statement of 28 September 1978 (S/12869).In his statement the Secretary-General Laid on the subject that:In paragraphs 29 and 30 of my report I intended to indicate how the SpecialRepresentative would fulfil his responsibilities concerning the existing police.According to Security Council doc,-ent S/12636, pria_-y responsibility for=aintaining law and order in Namiia during thetransition period shall rest with the existing police.However, the Special Representative is also given explicit responsibilities:(a) To satisfy himself that the.Adinistrato---General ensures the good conduct ofthe police force;(b) To satisfy himself that the Ad..inistrato-,-General takes the necessary action toensure the suitability of the police forcontinued employment during the transition period;(c) To =ake arrangements when appropriate for United !.ations personnel toaccompany the police forces in the dischar;e of theirduties.

rE AlA A41IDI e f A. MII I I.AJ .. CITP .A E. 2

KCF1VVLj4utru DY , nc ,vflJK ~ lt5VUfAWIt wa: thcrefore necesca-y to have designated persornel at thedisposal of the Special Representative to ensure that these Lonitoringresponsibilitiez would be satisfactorily perfo.ed. Morecver, I concluded that, forreasons of safety and effectiveness, thesetasks would best be performed by civilian persornel who areprofessionally qualified. Concern has also been expressed as towhether the number of United Nations persor.nel to monitor the policeis appropriate to the tasks they are expected to perform. I willof couise keep this question under continuous review:Paragraph 10 of the settlement Proposal also provides that:The United Nations Special Representative will take stps toguarantee againsthe possibility of intimidation or interference withthe electoral process from whatever qua-ter.The tasks of the U.TJ2AG police monitors, who will form part of UITAG'scivilian component, follow logically from these threedocuments. I may add. thatthey confer,in broad terms, a secondary responsibility - a monitoring'responsibility - in regard to the maintenance of law and order in Namibia, fromthe beginning of the cease-fire until the end of the transition period.2. Consultations in re-rad to fulfilment of these tasksThe Report of the Secretary-General of 29 August 1978 (S/12527) states, inparagraph 30, that:In order that the UNTAG police may fulfil their responsibilitiesas described above, it is considered, as a preliminary estimate, thatapproximately .760 experienced police officers will be required. It is hoped thatpolice officers will be made available by Governmentson a secondment basis, bearing in mind the accepted principle ofequitable geographical representation, as well as the language andothemrequirements of the assignment.In putting forward the figure of 360, the Secreta-y-General had regard to allrelevant factors. These included information provided to senior United Nationsofficials, orally and in writing, during a series of consultations with senior SouthAfrican Police officials in Windhoek and Swakopmund during .Jh-August 1978and January 1979.The United Nations has been assured that while, as in the Proposal, primaryrcsponsibility for maintaining law and order durirZ the tranzition period willremain with the existing police forces, monitoring by the UNPAGE 129

Drflu~,~u,,rI~ DV tUC AlA LEIDIA ff~AAAAliftlltATlAAI~ (~AFT~ rAut sun~rntjijtj~ru 0~ a r~ ..nafl.&fln ,.~.'a..5.I .J5w,..n.ofApolice will be fully facilitated. Liaison officers will be appointed to assist L-;TAC police monitors, who will also be given access to docu:ments. UnitedNations officials have also been informed that the presence of UITAG policemonitors at the interrogation of suspects wil be acceptable and their overview,especially in certain sensitive geographical

areas s:ach as Katutura and parts of northern Namibia, will be agreeable to thelocal authorities. In view of paragraph 9 of the Proposal's reference to "existingpolice forces" United Nations officials noted the intention expressed by seniorSouth African police officers progressively to disband certain of the substantialpolice forces in northern Namibia once the expected improvement of conditionsthere takes place after the coming into effect of the cease-fire. Fu-rtherinformation was provided to the United Nations of a technical character relatingto the opatioral needs of the UNTAG police monitors.Consultations relating to the implementation of paragraph 9 of the settlementProposal have also taken place with SWAPO in Winhoek, New York and Lusaka.Several internal political parties also made submissions on this subject to theUnited Nations Survey Mission during its stay in Namibia in August 197(.3. Deployment and cormand structure of NI;TAG "olice monitcrs Having rega-dto all these matters, the Secretarf-General concluded that fulfilment of the tasksset out in the settlement Proposal should be planned as follow=.The organizational and deployment format ould follow that of the existing policeforces. Thus, command would be exercised by a Police Adviser based at URTAGheadquaters in Windhoek, operating through six district headquarLcrs at variouscentres throughout the Territory. Each district will have a number of oub-stationsor ;osts at qtrteSic locationsl'Aiai: I U nOrnuu ul 7 J AJ ADI rA ,. ,.ld.A TM.,.,,. . C , rrAITR*.

DDDnn"f r r UPJAMRAIRA COMUlNUIICATIONSe CENTREPAGE 131in the respective dictricts. The number of district and sub-stations will beapproximately 30. The operations of the UMTAG police monitorswill require a high degree of mobility. The 30 stations from wich UNTAC policemonitors will operate will be located in such a marner as to enable UN personnelto visit all South African police stations, fixed and mobile, throughout theTerritory. Having regard to all 1he factors concerned, it is desirable that all men tobe seconded should have a minimum of 9 years' experience as police officers.There should be, in each contingent seconded by a Government, an appropriate -balance of senior, middle-rank and junior police officers. It will, having regard tooperational requirements, be impractical to place less than 5 UNTAG policemonitors at any given location. At others, the numbers may vary between 10 and20. In view of geographical and other considerations it will be desirable tomaintain a degree of flexibility in regard to overall deployment and manning.Having regard to the mii=um of six-weeks' lead time required by the UnitedNations between final agreement on implementation and the coming into effect ofa cease-fire, it would be intended to ensure that the UNTAG police monitors wereoperational at and shortly after the ceasefire date. Close liaison will be maintainedat all times with the various UNTAG district centres and sub-centres. It will beessential to haveco-ordination and co-operation with the existing police forces within theframework set out in the settlement Proposal.4. Concludin, rema-ks

Until there is a firm implementation date, the United NaTions cannotmake any official approaches to Governments, requesting he seccnd-ent ofexperienced police officers for the contingent of UNTAG civilian policemonitors. In parzgrZaph 30 of his report to the Security Council ofPAGE 131

PAGE 132 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE29 August 1978 (S/12827) the Socretary-General expressed his hope that polizeofficers would be made available on a secondmcnt basis, bearing in mind theaccepted principle of equitable geographical distribution, as well as the languageand other requirements of the assignment. Ina later report (S/12903) of 21 October 1978 the Secretary-Generalstated that "explorator consultations with a number of Oove-r.=entsindicate that national contingents of experienced civilian police, selectedin accordance with the principle of equitable geographical representation,could be made available for service in Namibia as necessary". This ishow the situation remains today.Further comment refers to the language question. While the majorityof the UNTAG police monitors will probably be drawn from Dnglish, Dutch andGerman-speaking countries, the United Nations is very much awa-e ofthe great need, in the case of the police, for efficient co=unication withthe Namibian public at large. There will therefore be sufficientinterpreters attached to the police monitors to ensure their operationaleffectiveness in all forseeable circumstances.In common with all the operational departments of M-MG, plannirgin regard to its police is very much influenced by the size of the country,the nature of the terrain, and other local factors. L this context ithas been of considerable importance that senior members of UN missionshave had the opportunity to travel extensively throughout the Territoryand to examine all aspects of local conditions, and that they have hadthe courteous co-operation of the South Af-ic.n police at all levels ofcommand.My final remark is a more general one. There can be no doubt, havingregard to the terms of the settlement Proposal, that priary- responsibility for themaintenance of law and order throughout the whole of 'he tr.nsitionperiod remains with the existing police forces. At the sa=e tine, it

*Irr[ D , . I A AU A AAID I fIAAA IAI.A TI"AI@ rCAITVPAGE 133will be vital that MX;TAC police mc,-tfrs carry out their duties in a manner whichis impartial, effective an'd tactful, and thai they come to enjoy the full confidenceof all sections of the popuilaiion. F.:gh professional competence, as well aslogistical efficiency, are required, and our efforts will be fuily directed to this end.PAGE 133

PAGE 134 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREPRE-IMPLEMENTATION MEETING ARRANGED BY THE UNITEDNATIONS IN GENEVA8 January 1981STATM= BY MR. KA.KYIRATNE ON ELECTION SUP.EEISOF RPOLE OF7yTAGMr. Chairman, Your Excellencies, Ladies and Gentlemen,Under its resolution 435 of 30 September 1978 the Security Cc--ncil decided "toestablish under its authority a Urited Nations Transition Assistance Group inorder to assist the Special Representative to car--j out the Mandate conferred uponhim by para. 1 of Security Ccuci! resclutin 431, namely, to ensure the earlyindependence of r"azibia through free and fair elections under the super-,ision andcontrol of the United Naticns". The principal function, therefore, of UIlTAG, itwill be noted, -will be the super-vision and control of free and fair elections 4-.the Ter-itory.I shall endeavour to present to you a general cut!._e of the arner in which V,7.AG intends to supervise and ccntrol a free and fair election in Namibia. Youare all familia= with the provisions relati-- to the electoral p-ocess contained inthe settlement 2roposal. They have been s.oe e out in paras. 5 and 6 of thatProposal (3/12636 of 10 Amril 197S).It will be noted that under the settlement Proosa, the crga-:aticn of the electionswill be the responsibility of the Adm.istrator-General in Samiia who will beexpected to ca--r ocut his cwn reszcnsi-iiities regard to the impartiality,efficiency, and fairness necessary "zo ezs-,e that the fullest ea"rin is given to the;hrzase "free and fair". 7.AG will, at every stage of the electoral process,co=mencLng with the registration of voters anad proceedig eventually to theactual oliL-; and certification of election results, ca.=. our its tasks of supe- risicna:.a control with rectitude and -it*hout fear or favour. The $tecial -epresentative,Mr. Ahtisaari, has already in his statmen.z i-dicated the genera=l struct:ure cfLTAG's role in the Terito-r. I vould4 =erely wish to remeat that having regard tothe vastness of the Ter.--tcr- and oe= to ensre that U ,TAG's functions insu;ervising z..-i ccnzroiling the entire electoral

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 135process are ca=--ied out effectively, it is proposed to set up 7.A.Gdistrict centres in 25 principal towns in the main districts of anibia, andand IS sub-centres reporting to those centres. The locations of thesecentres and sub-centres will be based. cn po.-ulaticn distribution as well asccsmnication and transport significance. it goes withoutsaying that MTAG will be in close consultation with the A;dininztratorGeneral'sofficials and with all political ;arties a-nd co.:nity leadersin the final decision on the location of these centres and sub-centres.Each of these centres and sub-centres will be in the cha=ge of senior officials whoare staff members of the inte tional civil

service of the TN system. They will be assisted by deputies who willsimilarly be selected from among the staff of the United Nations sys.e=.These UNTAG officials will be persons with considerable experience inthe service of the UT and men and women with c:nsiderable training afiddiscipline in the impartial dischar=ge of their duties. Their principal i;.:ncticn willbe to ensure in the local areas of theirresponsibility that the entire electcral process, from the regst-a:icnof voters through a free and fair election cama-.n to the actualcasting of ballots, will be carried out in ccnformity with both theletter and the spirit of the settlement Proposal and the relevantSecurxity Council resolutions. They will at all times be under theconstant supervision and direction of the staff of the fleczionSupervisory Department at M1'TAG Headuarters in Windhoek. All problems,difficulties, disputes and complaints relating zo any aspect of -heelectoral process will, wherever possible, be attended to by them atthe local level and in coope-ation and consultation with the zpr:pria-telocal officials and party leaders. Where such coo_ ' cr dffi-sr-uties involvepolicy decisions, r.disputes as to 4nte=;retati:n, or sen-itivepolitical considerations, they will be referred tack to Head-ua-ters

PAGE 136 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREwhere my staff and I, in consultation with the Special RepresentatIve,will issue the necessary directions and give the necessary advice.The Heads and Deputy Heads of the nNTAG district centres an.d .u"centres willof course establish the. closest possible liaison withthe officials in their respective local jurisdiction as well as withthe local leaders of all political parties and other c =;nity g-.oupsso as to facilitate the speedy and local resolu.icn of any suchdifficulties and disputes. They will at all times be readily accessibleto all individuals and political parties and gru-s irrespective cfpolitical affiliation, status or r-ank. They will be ready 2-nd "'lli"to entertain all "bona-fide" complaints of intiidation, =a!- i,abuse of power, interference with the free expressi:n cf .cliticalopinion, etc. and do their utmost to contain such situations at thelocal level so as to enable the smooth conduct of the reg-is-Zat-i:n ofvoters, the election capaig and the oll-ing. Regalax er=-nvisits by myself and myHeadquarters staff tbh-oughcu: the Teritcrywill be a further assurance t.hat these cfficials will be carrying out in the fieldtheir duties and respcnsib-ilities fairly and a-i"lly.I need hardly refer here to the fact that they, in their tu_-., willbe e=titled to receive all assistance and coe-zti=n fr== -l c=nce-neiand particularly fro= the appro;riate local offizials, ieud"-E thepolice.Among the more challenging tasks of the Heads and Deputy Headsof the 7TAG centres and sub-centres will be that of ens----ig hzt "everY

adult Nanibian will be eligible, without discrimination or fear ofintimidation from any source, to vote, ca=paign and stand for electicn to theConstituent Asse=bly" (para. 6 of the settlement Proposal). :twill also fall within their province to ensure Tha.t "f ll freeo :f

OcnorinfJ~rf gyruU ?AM9RA CrhRMIIICATIONSI CENTRE AE3speech, assembly, movement and press shall be guarantea,, (para. 6 of thesettlement Proposal). All aspects of the electoral" process, including thepreparation of voters' rolls, will be supervised and controlled at every stage and atall levels by *MZV.G cfficials "so as to give all political parties and interestedpersons without regard to their political views a full and fair cppcrt.unity to org-anize and participate in the electoral' process."The electoral campaign will begin at the start of the 13th weekafter--the emplacement of MITAG and when the requirements of pa-agraph7 of the settlement Proposal have been fulfilled. The election campaign willcontinue for about 4 months thereafter. Diri-g that period the electoral staff of thecivilian component of 7U71AG will be suitably augnented in numbers to enableMLxAG to supervise and control the conduct of the election campaign in all itsfacets so as to adhere to ithe provisions of paragraph 6 of the zettle=ent Propcsal.UMAG election monitorz,reployed on a regi-onal basi._7, will operate throughoutthe Territory under the direction of the local -1.IAG diltrict Heads in order tosatisfy themselves that the electicn campaign is being conducted freely and fairlywithout intinidation or interference from any quarter. These monitors will bemobile as far as possible and will work with Ml"2AG civilian police and in closecoordination and liaison with the local officials and party leaders in theirrespective areas. It will possibly be to them that most of the day to day complaintsby aggrieved persons will be made. These monitcrs will endeavour to settle anydifficulties as promptly as possible at the local level. 'Where this is not possiblethey will t-nsmit these complants with their own preliminary observations andfindings to the Head of the regional UTAG district centre for necessary andappropriate action. The monitors will be .selected as far as possible from thePAGE 137

PAGE 138 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREinternational civil service and will be men and women with U11experience in the field.The actual balloting will be closely supervised a-nd controlledby U2ITAG. For this purpose the electoral staff will be further aumented afortnigt before the polling begins by a sufficientnumber of personnel who will be individuals experienced and trainedin -the conduct of free and fair and secret balloting. They will seekto ensure that the election in Namibia will be held in accordancewith the settlement Proposal. Polling agents of the various participatingpolitical parties will, of course, be present at the poll:Lg stations to

look after the i-nterests of their respective parties. The U NTAG pollsupervisors will no doubt expect, and we are sure will receive, thefullest cooperation of the local election officers.With the closure of the balloting and the counting of ballots underprocedures to be approved by the Special Representative, the results will becertified by the Special Representative and anounced to thepeople of Nanibia. This then is a broad outline of the procedures thatthe election supervisory unit of UNTAG will adopt once UTAG is emplacedin the Territory. The settlement Proposal provides t.At the Special Representative"will have to satisfy himself at each stage as to thefairness and properness of all measures affecting the electoral processat all levels of administration before such resvlts take effect" andthat "the implementation of the electoral process, including theappropriate registration of voters and the appropriate and timely tabulation andpublication of voting results, will also have to beconducted to the satisfaction of the Special Representative". Every effort will bemade to ensure that all UNTAG officials, directly orindirectly associated with the electoral process and the conduct of a

nrD,9iI un V rur AfA AfA YrnA~ f1AIWA TIAM1 (CITP~PAE 3free e.nd fair election, will act with strict impartiality and with the high standardof integ-ity that characterizes the international civil service. All of the= in theirvarious functions and at their different levels of responsibility will be under =ydirection in my capacity as Head of the Election Supervisory Depart=ent of MV-Ac subject, of course, to the overall authority of the Special Representative. It willbe obvious that the success of the LT AG exercise will depend toa very great extent on the spirit of cooperation and understanding that we expectreciprocally from all the parties conce-n.ei, and especially from the South Africanauthorities in the Territory w1ho will have, under the settlement Pr-oposal, thepri=a--y responsibility for the organization and conduct of an election for aConstituent Assembly.The election must not only be free and fair but must Ycur Excellencies, Ladiesand Gentlemen, .be manifestly seen to be free and fair.PAGE 139

PAGE 140 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRState=enit by vir. Paul Ekrtjing,. United Nations High Cc-missioner for Refugees,om the 3,61e of 17NCR. Dcrnjnjq sesszon. Friday. 9 January. 1991oElle11nCies, Ladies a=d Gentle=en:ammost gratef2ul for the opporz=t^/it to address his meering andexplaLin how LNHCR would diScharge its 4epesial :ie i e tran.sitlonperiod. .Before speaking of the -1.iem'enzticn, however, i ShUlåc;e ta sava iew words about the wider -.8le of m! Office, and so set ,4-ån we *ncretJECR will scm be doir.g in &na.ibia in the cci:e.cz of cur other acti':itis.The Office of the United Nations High C==zissi-crer for Refugees has a

world-wide mandate to provide legal proteczicn to refi.uges and seekperra.solutions to their prcbler.s. Last year my Ojficc was enab-leA to vrov:Cde1nearlyass is tarce azno1.ting to/SCO zillion US dollars. 7T-e fi. were coritributedvoluntarily to Mi}CR by. over 990 goverruents and. many it.'acnlandnational orsaI:at-icns, b.oh govermental and ncn-:go,.e=tent--l as well as :vprivate ind.iv-duals. I have -ep-.esenzazves in cver 601 ccwlz:.4' yOffice is non-Foliti-czl and cur task is stric:ly hu=iaran. W.d sci-al,. iam grtifed that this knmortwit dist:inc:ion has been presenved, norwir.szancngtheeno rous increase in denanads cii my Office and i their ca=rlexi4vt . IanconvLaced that the wide reccgnition of the purely heaä:r arLue of the wcrkof my Office is a -ajor reascn wygover=renzs tum to LX-CR to a.ssis: theCnin solving the prcblem-s of refugees.1.henever ;ossible, UNLRP..ties to soiwe refulee =4.cb.es by pmrotungvoli.mtary repatriation. 711is is the best so-'utio-n, for It mears thaet thec=rditIcns that caused the refugee to f let no .cr.ger attair, a he or shecan reruz hrioe In :eacc ard saferv. This is, of course, the solution fcresenfor the Nanib i-ans. UVE has ccrs-,iderabole exveriencc _;- repatriationc-era:iors, of which exampLes are the Teturri b-oac in Tecent years of rzrythousands of Ångola.s, Bumecse,' Moznbicwu, Nicaraguans and Zimbabweans.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 141The Settlement Proposal thus sets cut a role for my Office ,.ha: istypical of our work and indeed directly within n,- statutory mandaze. Thekey clause is paragraph 7C:"All Namibia.n refugees or Nanmibia:is detained cr ot:he.-^wise cutsiie theterritory of Nz.bia will be pernitted to return peacefully andparticipate fully and freely in the electoral process without risk ofarrest, detention, intimidation or in.riscr.nen:. Sui:t-le en:- rinttwill be designated for these purposes."The time scale in the Anneox requires that within s.c weeks of tne star: c: tnetransition period appropriate action is taken by L.'iCR outside Na:.ibia :oassist in the return of exiles, and that provisicns to faciiaitze this areestablished Ln Namibia. :s the United Nationz Special Representative -us: besatisfied that Nanibians are able to retu-rn and parti ci;ate fully in the electoralprocess, the repatriaticn should be ccmpleted by -he s:_r o -e15th week, u-hen the election cm=paign begins.NLebers of my staff tcok =art in the sur.ey missicn in. August 1973 andreturned to the territory in January 1979, visiting the frcnt-line s:atesshortly thereafter. Practical discussicrs were held with t-he s:aff ca thneA&-dnistraor-General on Y'HCn's zart in the i..len.-ien:a:icn. While wediscussed the general outline of the operation with the Cove-rmentsC o- t-.ecountries of asylu-z and S'APO, it is evident that the -.al detailed .racticalplanning can only begin once the starting date for ..--entazi.n X beenagreed by all ccnce.n,.ed. It is also in thne nature cf an" re~azr--z.n

operation that there will be --ny variables, nct least because re:a:ria::cnis an exercise of individual free choice.This free choice is fud=.enzal to all re.a-ria:icn czer-aicrs. NHCKreouires that a declaraticn be made by each r.-e-at-4-: -'--hat he or 5he req.Lue

PAGE 142 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRErepatriation after due consideration and entirely of his or her own free will.Furthermore, while L-CR in principle cannot give any guaranze- to repatriantsas to treament upon return, the existence of an amnesty --or all repatriants is ofgreat importance. It is reassuring that paragraph 7C of the Proposalfor a Settlement is u.necuivocal in this regard.I should now like to turn to the practical a-rrnagemenzs we envisage forthe discharge of UN-M's responsibilities. I already have representativesand established offices in Angola, Botswana and :anbia, and I sha2. strength6enthese as necessary and ensure an appropriate LMC? presence at the de.arrurepoints. I shall of course assign sufficient LHCR staff" to the L'hi:edNations Transition Assistance Group, with a senior official cn .!-. Ahtisaari'sHeadquarters staff in Windhcek and field stzff at the a-ival points.In budgeting for the repatriation, U.'CR t o years ago based the scraecalculations on a planning figure of/40,OCO Naibians, of wh= the vast ---jorit.,"are refugees in Angola. It is i..ossiole to predict in advance ho," man", will electto return volunrtarily, Ibile all Namibians outside their cct-itrv are tobe permitted to return, not just those who are refugees and 'Cicwn to LUCR.Furthermore, it is our e..erience that much will depend cn the success of th-eearly stages of the repatriation and the confidence this engencers. Onlywhen the operation camo.ences wrill we have an indication of how many Nanibia-.swill actually repatriate.A repatriation operation begins with apropriate theic:. ann ti.eregistration of those uno wish to return. UNECI has a snd ...r r thispu.:ose, recording basic biogra-.hical details and :no.-ora-ing the vol.-a-.declaration I mentioned earlier. This form is Senerall: st-.-eA in,authorities of ti&e host ccut-.y and ser;es as a trael doc..en: a.- attestationof identity if necessary. Copies are made for derar-ure and arrival fonmalities.The cueszion of nationalit'y may arise, in this case "khc is aNamibian?" but we rarely enccunter -n : difficulties in practice. I know

f. U * I Al I WlIAI/. I /fl/A |Ie I~ ?IfAIV.. !,.AITV IPAGE 143the question of doc.nentation was discussed with ny representatives Ln August1978 and early 1979 and si--.le procedures agreed.Appropriate arrangements will be made with the hcst goverzents -.'orinternal transportation to the departure points. We expec. ..--t --he "=jority of therepatriants will return by air, perhaps from Luanda and L bzngO in Angola. Airtransport would also be arranged from Zarbia as necessary. L-.C_ will charteraircraft as required. There are several suitable arrival airports, such as

Grootfontein, Ondangua and Windhoek. We would makce separatearrangements on a case by case basis for Nanibians who are abroad i.dividually orin small groups, for e.air..le studying. For those who repatr:ate by road, possibleentry points have been identified, for instance a: Ruacana, Oshikango, Ruidu andKatima !.Llilo in the north, -hIle others, for ex-ple Sandfontein for Botswana,could be used if required.Upon arrival the repatriants will go through i4-.-graticn fo=.litlies.In building up the essential climate of tr ;t and confidence, it is cbviou&.y.important that these fo-.alities are the miriLmL- necessary. Sne fon of transitfacilities will be required at the arrival points, but the r.ea7ra3 should be able torermzn to their homes or any other place of their choice as quickly as possible.We had identified potentially suitable locations at or near likely arrival points and-hough we wculd, of course, need to reccnfirm their availabili -,, the provision ofte.crari cver.igh: acc¢,noda-ion as necessary should.not be difficult.Thereafter, orward trans-por:aticn would be arr-n'e- f.r the repatriants.To the extent possible we t-y and grou? repatri-nts ":m the sz:-:. oV: intendedfinal destination, in order to -inim-i:e list:ca" prcbe:.s. It would ceer.PA F 14

PAGE 144 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREthat buses will be the most suitable means of onward transport and in 1973we had made provisional plans for the hire of buses. It is likely that therepatriants will need sane continuing assistance until such time as they canreestablish themselves and become self-sufficient. Provision has been iadein UENCR's budget for such assistance for a limited period, though I would noteas a general principle that we feel repatriants should be reintegrated as quicklyas possible.These, then, are the general arrmangements envisaged at this stage, subjectof course to final confirmation and adjustment as necessary. In sur.ary, Ibelieve that with the co-operation and assistance of all concerned, on which wehave already received assurances, UZCR will be able to make satisfactoryarrangements for timely repatriation as envisaged in the Settlement Proposal.It is evident that a successful repatriation in accordance with this Proposalwill in itself play a significant part in the establishment of mutual trustand confidence in the whole transition process tcwards independence. My Officehas experience of repatriation operations. Each is unique but I am confidentthat with goodwill the return of Namibians will be successfully accomplished, andI pledge the fullest efforts of LN-CR to that end.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 145PRE-IMPLEMENTATION MEETING ARRANGED BY THE UNITEDNATIONS IN GENEVATranscrict: Briefing by Gen prom Chand. 9 January 1981......monitoring all military personnel performing civilian functions

- assuring all military installations along the Northern borderare de-activated.... s..- and finally monitoring the de-militarized.........The Plan to Carry Out the Tasks in OutlineIn order that the military comp*onent of UNTAG fulfills itsresponsibilities, it is considered that it should have a strengthof the order of 7,500 all ranks, which will consist of the folloring:1) Seven (7) self-sufficient infantry batallions of about 700 each;2) Logistic and air-support element of about 2.300 ranks, all ranks,comprising of the following units:- Transport Company, 400- Supply Company, 140- Movement Control Unitt 30- Postal Unit, 10- Administrative Company 120- Engineer Company, 330- Maintenance Company, 300- Signal Unit, 120- Medical Company, 220- Air Unit, 450The Air Unit will have with it: 10 Fixed Wing Aircraft- 5 Heavy Helicopters- 20 Medium Helicopters-2 Transport Aircraft - 2 Eecutive Aircraft3) Monitor Group of about 200 officers.These contingents will be drawn from members states of the UnitedNations upon the request of the Secretary-General. The contingents will beselected in consultation with the Security Council and withthe parties concerned, bearing in mind the accepted principle ofequitable geographical distribution.I wish here to emphasis that once contingents have been assigned for service tothe United Nations, these contingents will come under thedirect command of the United Nations. In other wordst the militarycomponent of UNTAG will be under the command of the United Nations, vestedin the Secretary-General unddr the authority of the SecurityCouncil. The Commend in the field will be exercised by the Force Commander,who vwill report through the Special Representative to

PAGE 146 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREthe Secretary-General on all matters concerning the functioning oftho military component of UNTAG.The Concet of OerationsBefore getting into the details of the deployment of United Nationstroops in Namibia# I wish to make a few general remarks, which Ibelieve will help throw some light on our plans. These plans are

drawn up with the following assumptions in mind:1) that the parties concerned will co-operate fully with M.TAG and takeall necessary steps for compliance with the decisions of theSecurity Council;2) a cease-fire will be declared and observed by all;2)"all parties will adhere to the provisions of the settlementand DIZ proposals.Two weeks after the ceasefire, a D= of 50 km of each side of theNorthern border will be cre ted by the governments concerned, thusfacilitating UNTAG's task of early detection of any violations*The plan is provisionalt and detailed deployment of sub-units canonly be determined after detailed reconnaissan by various sectorcomnsders.Deployment of the ForceFor operational purposes, Namibia will be divided into threemain regions: Northern, Central and Southern.All three regions will be under the command of a Force Headquartersto be located at Windhoek. The Northern Region will compriseof a Regional Comand Headquarters to be located at Grootfontein.This headquarters would have under its co-and five self-sufficientinfantry battilions, deployed as follows- one battalion in the Ruaceana area- two battalktnnsin the Ondangwa area- one battalion in the Rundu area- one battalion in the Katima Mulilo area.Each battalion will have a detathbbent four medium helicopters togive it reasonable mobility. In addition a number of monitor teamswill be deployed in this region.- that is the Northern Region.We have also there arforward maintenance area# established againat Grootfontein, which will consist of the forward maintenance area headquartersand logistic control centre. With it will belocated the air support unit of some fixed-wing aircraft andhelicopters. There will be a second-line transport unit,- an engineer's squadron- a second-line maintence and recovery unity

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 147- a field medical support unit- the FMA detat chment of the ptftv Sisal Company,r a detatchment of the Llvement Control Unit- a detatchement of Force ilitary Police Company- a detachment of the Postal Unit- a second-line Supply Unit- a ration depot.

The Forward Maintenance Area will be commanded by Commander ForceMaintenance Area who will report directly to the ForceCommander in Windhoek.The Central Region will consist of a number of monitor teams whichwill have one infantry battalion there, which will have responsibility for the wholeCentral Region. One company from this battalionwill be depl yed in the Swakopmund area and the remainder of thebattalion will serve as the Force Reserve.The Southern Region will also have an infantry battaliong to bedeployed in the Keetmanshoop area, and have responsibility for theSouth. This battalion will report directly to the Force HeadquartersA number of monitor teems will also be located in the South.The tasks to be carried out by these infantry battalions and monitorteams will.be as follows:o- o monitor the cessation of hostile acts by all parties- to keep the borders under surveillance and preventinfiltration- to ensure that all military installstons along the Northernborder area and de-activated and placed under U.N. supervision- to ensure the de-militarized character of the D,The tasks for the !onitors- to monitor the restriction of troops to base- to monitor the dismantling of the command structure ofcitizen forces, commandos and ethnic forces, including the withdrawal of allmembers of SADF attached to these units.- to monitor the confinement of all arms and ammmition ofcitizen forces and commandos to Drill Halls. To- to monitor all SADF military personnel performing civilianfunctions.And now I shall touch upon some basic tactical measures to beadopted by the battalions of the Force to fulfil the tasks givento them; - They will carry out extensive patrolling of their sectors- They will establish observation posts, check-points, and roadblocks in selectedareas of the borders.

DA rC I AO flDDnnflhf'r1 V TIJC AiAAA1OI rnAA11rAT(nAA-CrFA1TP- they will monitor SADF military bases within the selected locatiorlocations excluded from the zone.- they will escort logistic convoys through the DMZ on bothsides of the border to selected locations inside the D::M.- they will maintain a battalion reserve, to be known asReady Reaction Force which should be ready at all timesto respond to any violations of the DTZ.Each battalion will have at its disposal four medium helicopters to afford itmobility and quick deployment possibilities within its sector. These operations

would be supplemented by a comprehensive aerial surveillance programme. TheMonitoring of SVIAPO BasesOn the commencement of the ceasefire the Angoland and Za-mbiangovernments would ensure its observation within their territories. At the sametime SWAPO forces within Zambia and Angola would return to their basesl theirrestriction there being monitored by the Angoian and Zambian authorities. U.N.liaison offices would be established at Gaberonep Luanda and Lusaka to facilitatscomm'Incations between the host governments and the United Nations. By thetime of the establishment of the DMZ fourteen days after the commencement ofthe Cease-fire, any .SWAPO base within the limits of the Zone would be closedand its personnel transferred to locations outside the Zone in Angola and inZambia.onitoring by Angolan and Zambian authorities of SWAPO's restriction to basewould mean that those authorities would ensure that as SWAPO forces return tobase they would remain there for the duration of the tramitional period, save forlogistical purposes, or in order toxmturn peacefully to Namibia. In either of thesecircumstances SWAPO personnel would leave the base unarmed, and under thesupervision of the authorities of the host countries. The Angolan and Zambianauthorities would likewise ensure that no armed SWAPO forces would continueto be present in their countries, save at the monitored bases.Direct commnication .inks would be established between the monitored bases andthe government authorities in Luanda and Lusakat and between the UnitedNations liaison offices there and the office of the Secretary-General's SpecialRepresentative in Windhoek. Theauthorities of the host countries would keep the U.N, liaison officesDA/2.1 IAQ

P 11 i A If MIIA A . AI, AIv . .. " 1 .AIv PAGE 1491(.eI'MUUULCU ~ ~ ~ ~ ~ ~ ~ 1- 710Cl V4IIDF Y5VI9II.i ~IJ~ Iregularly informed regarding the. exercise of their monitoring respo:asibilities.Monitoring of SWAPO bases would continue to be undertaken by the Angolanand Zambian authorities until closure, one week after the oerti.-ication of theelotion result. The Emplacement of the ?dilitary Component of UNTAGAs will be recalled, UNTAG is supposed to perform a number of importcmfunctions beginning on, cease-fire date. To be able to perform these functions it isimportant that the essential elembn±t of the force should be in place before cease-fire is declared. It is therefore the intention, subject to the concurrence of theauthorities of Angola, Zambia, South Africa and Botswana for the essentialelements of UNTAG to arrive in the various countries well in advpnce of theceasefire date,As we have indicated in our discussions with them the U.N. needds a minimum ifat least six weeks lead time to ensure an effective presence on'the ground prior tothe ceasefire date. It is also the intention to start the deployment of these elementsto their various bases at least two days prior to cease-fire date so that at theappointed time and date the cease-fire comes into effect and 1TTTAG starts itsoperations.

Finally, in summing up I should like to emphasise a few aspects concerning thefunctioning of the DMIZ. Firstly, its establishment is to facilitate theimplementation ofthe settlcment proposals. And we have had thorough discussions vith theauthorities concerned on the modalities relating to it. Fortunately there has beenan encouraging measure of agreement in regard to the various operational andtechnical questions and I should like to take this opportunity of conveying =yappreciation to the authorities concerned for the co-operation and assistance theyhave extended to my colleagues and to me in this connection. Secondly, thesuccess of this enterpribe will depend not only on the efforts of "J'AG# but verymuch on full co-operationt assista.nce and support being extended to UTTAG byall concerncd. I am sure that you will agree that this can best be achieved throughstrict adherence to the arrangements for the DLDt, and I trust that the authoritiesconcerned will i-sue timely and appropriate orders to their troops to achieve thiscomon aim and pxnpose. Thirdly, I believe that to maintain an effective andcomprehensive ceasjlre UIITAv must receive the fullest co-operation .%ithparticular reference to any troop movements in the D.,Z.PA F 14 )

DACC I Cn REPRtmfIIf RY THF NAIR COM UNICATIONSCENTREThis is a vital requirement as any form of troop movement outside the seleotedlocations would inevitably lead to suspicion,to ristrust and oven to serious violations of the ceasefire. Fourthly, theresponsibility with demilittrising the zone rests squarely with each of thegovernmental authorities concerned. Thereafter the U.N. will take over themonitoring of thedemilitarized character of the zone. Fifthly, as you are well aware the frontagesand areas involved are vast indeed. And the battalions located in the D.'IZ arerequired to cover unusuall3 extensive frontages. I should like to make the pointhere, however, that all hostile action is to end at ceasefire, and we shall thereforenot be operating against any hostile opposition. This is the fundamental premiseof U.N. oporationi and the U.N. will then be operating with full freedom ofmovement on the ground and in the air, assisted and supported by the authoritiesconcerned in carrying out its role. Thank you very much indeed, Mr., Chairman.

jNC~REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 151GenevaPre-Implementation MeetingMr. Ahtisaarit Answers to Questions : Saturday 10 Januar 1981In the course of our meeting yestlrday afternoon, certain specificquestions were asked of the United Nations. I wish to answer them thisaf ternoon..Mr. Kirkpatrick asked a series of questions centring .on two subjects.

First, on what basis is the Constituent Assembly to take its decisions, and second,what would be the principle On which the elections will be held? These areimportant matters for all Namibians, and I feel sure,Mr. Kirkpatrick will agree that the settlement Proposal contains nospecific provision which will enable us to answer him precisely.Certain things, however, are clear. First, as we emphasised at ourmeetings yesterday, the settlement Proposal provides that the "elections will beheld to select a Constituent Assembly which will adopt a Constitution for anindependent Namibia. The Constitution will determine theorganisation and powers of all levels of Government". It goes on to state,inter aija: that the electoral system "will be promptly decided upon so as to giveall political parties and interested persons, without regardto their political views, a full and fair opportunity to organise andparticipate in the electoral process". It also states that the campaignshall comence only after the Special Representative "has satisfiedhimself as to the fairness and appropriateness of the electoral procedures".Overall, while the Proposal makes it clear that it vill be for theAdministrator-General to conduct the elections, they will be held underUnited Nations supervision and control.Thus, it will be for the Administrator-General to draw up proposalsas to the form of the electoral system. It is the Special Representative'sduty to satisfy himself as to the fairness and appropriateness of whathe has suggested. I mentioned yesterday the importance which I wouldattach to the process of consultation with ill political parties. Theywould doubtless wish to express their views to me on this, as on othersubjects. I do not think that it is possible to take the matter furtherat this time.As to the functioning of the Constituent Assembly, the Proposal statesthat it will meet immediately after the certification of the election results. It willconclude itv work as soon as possible. The Proposaldoes not state how it will take its decisions. Accordingly, variouspossibilities, some of which, were referred to by Mr. Kirkpatrick, areopen to it. It will be convened under the law relating to its election.

PAGE 152 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREThe draft of this lav,. like the others to which I have referred, will beprepared by the Administrator-General and I, as Special Representative,vii need to *be satisfied that it is fair and appropriate. As I have saidI shall maintain these consultations with the various political parties.Whether the law should contain a simple or weighted majority system fordacieion-making by the Constituent Assembly, whether it will make provision forreferendum in any circumstances, or whether, once elected, the Assembly willdecide its own procedure, could be determinod only afterimplementation, following the approach which I have described.I will turn nov to the questionSput by Mr. Diergaardt. The first

related to the btatement made by the High Commissioner for Refugees,Mr. Nartling:Who is going to distinguish refugee from foreigner? and will therebe any identification or can anybody claim the right to come back?As the High Commissioner for Refugees explained, those wishing toreturn will complete a standard repatriation registration form, recordingbasic biographical details. The countries of asylum know the origin ofthose to whom they give refuge and attest to this. There vii1 be immigrationformalities on arrival. UNCE sometimes encounters concern on the question ofidentification in advance of repatriation but problems haverarely arisen in its recent experiences.His next question related to the demilitarized zone. Would UNTAGcarry out the demilitarization of the zone? On this, the position isclearly set out in the documents whose details have been under discussionsince October 1979. It has been agreed that each Government concernedwill be responsible for the demilitarization of its portion of the zone.Their police forces will remain in the zone and will extend fullco-operation to UNTAG. UNTAG will be responsible for monitoring thedemilitarized character of the zone. It will conduct regular and frequentpatrols by air and land. Should any apparent violation be observed atany point within the zone, UNTAG forces will, after appropriate investigation,take or initiate prompt action to ensuire compliance. In Namibia,the appropriate action will be in accordance with the settlement Proposal.In the area of the D.Z in Angola and Zambia, UNTAG will inform theGovernment concerned which will thereupon ensure compliance with theceasefire and the demilitarized character of the zone.

2 02 REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 153The next question referred to any possible attempt to send armed personnel toNamibia after the cease-fire. This would be in breach of the settlement Proposaland action would be taken accordingly.Mr. Viergaardt's next question asked what would happen if a party sought to stopthe electoral campaign by the use of force. This would be an extremely seriousviolation of the settlement Proposal which, as was noted yesterday, contains anumber of provisions on the prevention of anyform of intimidation. Primarily, of course, the duty to deal with the matter willrest with the local police, for, as Chief SuperintendentFanning stated yesterday, quoting the agreed settlement Proposal, "Primaryresponsibility for maintaining law and order in Namibia during the transitionperiod shall rest with the existing police forces". It would be my duty to satisfymyself that the proper implementation of the electoral process yas undisturbed byany such actions coming from any source. Paragraph 10 of the Proposal furtherprovides that the Special Representative "will take steps to guarantee against thepossibility of intimidatign or interference with the electoral process fromwhatever

quarter". Any attempt, from any quarter, to perpetrate any such grossinfringement of the Proposal would, if necessary, lead toea special reportto the Security Council for its consideration and urgent ietion.A further question related to action which might be taken by UNTAGin the event of any attempt to cause disruption after the certification of theelection results. This, too, would be a most blatant breach of the settlementProposal. All the parties concerned have undertaken to respect the outcome of theelections.As regards deployment of the military component throughout the whole of theDMZ, the South African Government has already been informed that this wouldindeed be the case, in terms of its operational functioning. UNTAG would patrolthroughout the entire zone, as I have already mentioned, both by ground and air.Various logistical facilities would accordingly be provided by the Angolan andZambian authorities, as they have already agreed.

PAGE 154 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREAs to the question, whether the final decisions an deployment viiibe taken before implementation and after due consultation, it will beperfectly clear to everyone that the Force Commander must be able to takedecisions on deployment according to his own professional judgement.General Prem Chand yesterday outlined the nature of URTAG's militarydeployment proposals. Final decisions cannot, of course, be taken inthe abstract and must rather be taken in the light of the circumstancesvhich exist at the time of implementation.Mr. Diergaardt's final question referred to Namibia's relations withthe rest of the world after independence. Namibia would, of course, after theprocess foreseen in the settlement Proposal, become a fully-recognisedmember of the international community with all the status, rights andprivileges which would .follov from such a position.

nfl-1WL^#hU&fny~ DTc A#A& RAt 1fJAAAM~f'AT7flM CENTREAE5UNITED NATIONS-Distr.SECURTY AGEIERALS/14 333CO UNCIL 19January 1981ORIGINAL: ENGLISHFURTHER REPORT OF THE SECRETARY-GENERAL CONCERNING THEIMPLEMENTATION OF SECURITY COUNCIL RESOLUTIONS 435 (1978)AND 439 (1978) CONCERNING THE QUESTION OF NAMIBIA1. In my report of 24 November 1980 to the Security Council (S/14266), Istressed the vital importance of Namibia achieving independence in accordancewith Security Council resolution 435 (1978) in 1981. I added that, in order toachieve that aim, a date for the cease-fire and a start of implementation should be

set in the early part of 1981. As a means of facilitating agreement, I stated theintentionto hold a pre-implementation meeting under the auspices and chairmanship of theUnited Nations.2. The proposed meeting was held at the Palais des Nations in Geneva from 7-14January 1981. In accordance with paragraph 24 of my report of 24 November1980, South Africa and the South I-est Africa People's Organization(SWAPO) were contacted concerning the composition of the respectivedelegations that would participate in the meeting. The front-line States andNigeria, the Organization of African Unity (OAU) and the Contact Group of theWestern Fivewere also contacted about the sending of observers.3. The two delegations participating in the meeting were led respectively by theSouth African Administrator-General of Namibia, Mr. Danie Hough, and by thePresident of SWAPO, Mr. Sam Nujoma. The observer delegations wererepresented at a high level, including some at the ministerial level. OAU wasrepresented by its Secretary-General, Mr. Edem Kodjo. In addition, the Ministerof State ofForeign Affairs of Sierra Leone attended the meeting on behalf of the President ofSierra Leone, the current Chairman of OAU, Mr. Siaka Stevens.4. In view of the importance that I attached to the meeting, I personally chairedthe opening sessions held on 7 and 8 January 1981. The working sessions werethereafter chaired by Mr. Brian Urquhart, Under-Secretary-General for SpecialPolitical Affairs.5. In my opening statement on 7 January 1981, I reiterated the central purpose ofthe meeting as set out in my report of 24 November 1980. I emphasized that avery large area was already covered by a general consensus and noted that theproblems remaining related in one way or another to confidence, and especially toconfidence in the future. I expressed the hope that the courage and vision that hadbrought the participants to Geneva would carry them over that obstacle as well. Ireiterated that our main aim was to get a firm agreement on a date81-01436PAGE 155

U~DUf~r~5 ~ fly TU~ AlA AAIDIA ('A AAAII IDJItA TDAM~ EFAITR~PAGE 1n fl;FfDlDL,.1 WJllAT~n NTR 151. U UU'S/14333EnglishPage 2for a cease-fire and the start of implementation of the Proposal which would allowfor the achievement of Namibian independence before the end of 1981. It wasmade clear that basic agreement on the Proposal and the demilitarized' zone hadalready been reached and that there could be no question of renegotiating thosefundamental arrangements or of going back on agreements previously reached.

6. In a meeting on 8 January 1981, following consultations, I called upon theleaders of the two delegations to introduce those members of their delegationswhom they wished to.introduce.7. Mr. Hough, the Administrator-General, whom South Africa had designated tolead the delegation, then introduced his personal staff and the delegation led byhim, "pursuant to paragraph 24 of the report of the Secretary-General (S/14266)and consisting of parties who are present here to discuss with the United Nationsand to participate in the Conference, on an equal basis with those who would takepart in the elections, the implementation of Security Council resolution 435 andother practical proposals". I thereupon recalled the precise wording of paragraph24 of my report of 24 November 1980, indicating that it was on that basis alonethat the meeting had been convened.8. Mr. Nujoma, President of SWAFO, in introducing his delegation, stated thatsome of its members were still in prison, not having been released by the SouthAfrican Government. Mr. Nujoma reiterated acceptance by SWAPO of SecurityCouncil resolution 4'35 (1978) and added that SWAPO was "ready to sign acease-fire with the delegation of South Africa, so that peace can come toNamibia" and to "co-operate with UNTAG, both military and civiliancomponents, in order to ensure implementation of Security Council resolution 435(1978)".9. Working sessions with the two delegations, in the presence of the observers,-nmmenced on 8 January. In his opening statement, the Chairman, Mr. Urquhart,Tecalled the framework within which the meeting was being held. He describedthe wide area of agreement which had been reached with the Government ofSouth Africa during more than two years of consultations in connexion with theimplementation of Security Council resolution 435 (1978). He stated that theUnited Nations believed that the technical issues relating to implementation hadessentially been resolved and that none existed which could possibly justify anyfailure to decide to go forward. The Chairman reiterated that the meeting had notbeen called to re-negotiate matters already agreed. He pointed out that in anyconflict situation or prolcnged dispute there was inevitably a legacy of distrustand lack of confidence among the parties. To overcome such a legacy a highdegree of statesmanship was called for. It was not only the future of Namibia thatwas at stake; it was also the future of the entire region and the prospects for peaceand progress in Africa as a whole.10. On 8 and 9 January, detailed presentations were made on behalf of the UnitedNations regarding the manner in which the Special Representative for Namibia ofthe Secretary-General, appointed under Security Council resolution 431 (1978),and the United Nations Transition Assistance Group (UNTAG), would fulfil theirvarious responsibilities under the settlement Proposal as approved in SecurityCouncil I...

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 157S/14333English

Page 3resolution 435 (1978). In the course of those presentations the over-all structureof UNTAG and the Special Representative's duties, the functions of the office ofthe High Commissioner for Refugees, the election supervisory role of UNTAG,thetasks and deployment of UNTAG police monitors and the tasks and deploymentof theUBTAG military component were described by Mr. Martti Ahtisaari, SpecialRepresentative of the Secretary-General; Mr. Poul Hartling, High Commissionerfor Refugees; General Prem Chand, Commander-designate of the URTAGmilitary component;and other senior United Nations officials. Points of clarification arising from thosepresentations were dealt with during a working session held on 10 January.11. A number of statements were also made by members of the delegation led bythe South African Administrator-General. It was asserted, inter alia, that theUnitedNations had disqualified itself from supervising free and fair elections inNamibia, in particular, by recognizing SWAPO as the sole and authenticrepresentativeof the people ot Namibia and by its attitude towards other political parties in theTerritory. The general tenor of many of those presentations was that only after anunspecified period, in which the United Nations would demonstrate itsimpartiality, would a definite date for implementation be acceptable. Anxiety wasalso expressedas to the nature of the laws and related arrangements which would govern theTerritory in the future.12. At the meeting on Saturday, 10 January, the Chairman made a number ofgeneralcomments on the statements heard from the delegation led by the South AfricanAdministrator-General during the previous meetings. In particular, he referred tothe context in which the United Nations had been involved in the Namibiaproblem and to the central purpose of the meeting, namely, the setting of a firmdate forthe cease-fire and the commencement of implementation of resolution 435 (1978).13. In referring to the questions that had been raised about the "impartiality"issue and the need to create trust and confidence, the Chairman pointed out thatthis seemed to be putting the problem the wrong way around and that, in any case,the matter of trust and confidence was a two-way street. He explained that it wasprecisely because the decisions of the United Nations concerning Namibia, datingback as far as 1947, had not been heeded that the situation had reached the presentpass. He pointed out that the fundamental aim of the membership of the UnitedNations was to enter a new phase, in which all concerned would co-operate withtheinternational community to attain the goal of independence of Namibia through anact of self-determination. The key was a definite agreement to proceed on aspecific date with the implementation of resolution 435 (1978), at which time a

number of things would have to change, because there would be a completelydifferent situation. At that time, both South Africa and the United Nations wouldrequire tomake the necessary arrangements for the impartial discharge of their respectiveresponsibilities under the settlement Proposal.14. The Chairman concluded his statement by urging the participants not to bedistracted from the main objective of the meeting, namely, in the words of theSecretary-General's report of 24 November to attain the independence of Namibiain 1981, in accordance with resolution 435 (1978) and, to achieve this aim, to seta date for the cease-fire and a start of implementation in the early part of 1981.

n~nniuuairn DV TUC AlA AiIDIA rAAAAaIIAIIrATIAAK CFRJTRFS/14333EnglishPage 415. In intensive consultations after the meeting on Saturday, 10 January, a courseof action was discussed which was designed to lead, at the conclusion of themeeting, to a declaration of intent by the parties to the cease-fire. This would haveprovisionally established a cease-fire at an early date - 30 March 1981 wassuggested - to be confirmed in writing by 10 February 1981. It was also suggestedthat in the meantime, specific measures could be taken to ensure - and to reflect inpublic decisions - the impartiality of the United Nations, as well as South Africa,from the time of agreement on the implementation date.16. It became clear, from a statement by the South African Administrator-Generalin the meeting on 13 January, that it would not be possible to achieve such adeclaration of intent at the meeting in Geneva. In that meeting, theAdministratcrGeneral stated that, in the light of the proceedings thus far, it wasclear that the questions raised in paragraph 19 of the report of the Secretary-General (S/14266) had not been resolved, and it would therefore be premature toproceed with the discussion on the setting of a date for implementation.17. At the closing meeting on 14 January, the leader of the SWAPO delegation,Mr. Nujoma, reiterated that SWAPO was ready to proceed, at the meeting inGeneva, to sign a cease-fire and to agree to a target date for the arrival of UNTAGin Namibia. Since South Africa had not agreed, SWAPO had no alternative but tocontinue with the liberation struggle.18. In his closing statement, the Chairman reviewed the developments at themeeting and commented that it was clear that the date for the commencement ofthe implementation of resolution 435 (1978) still remained to be agreed upon. Hisconcluding statement contained the following remarks:"In the light of all that has taken place during our meeting, the question ariseswhether the obstacle is the matter of trust and confidence which theSouth African Government informed us in Pretoria last October was the core issueaffecting the setting of a date. If that is so, I am sure few willchallenge the fact that this meeting has provided the participants not only with abetter understanding of the international effort for a settlement ofthe Namibia question but also valuable opportunities for contact and

discussion. In my view, this has been a most unusual meeting. An enormous efforthas been made, in many forms and at many levels, to demonstrate goodfaith, reasonableness, a will to co-operate in the future and an understandingof the pre-occupations and anxieties of others. It is a matter for regret that theseextraordinary efforts have not yet succeeded in facilitating anagreement on a date for implementation and that a great opportunity has thus beenmissed ... I believe that all participants and observers here will wishto consider urgently the events of the last few days and the course which mustbe taken to expedite the attainment of the objective we have set ourselves.In particular, and on behalf of the Secretary-General, I appeal to those whohave been unable so far to assent to the proposals made by the SecretaryGeneralto reconsider their position at the earliest possible time.DCAD^n DVTL A1A"1RfArAAAAR1iA11CA770NSrFNTRPAGE -153 Kh'-_RA P i

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 159S/14333EnglishPage 5uThe Secretary-General has been kept fully informed on the efforts made at,and on the outcome of, this meeting. He sincerely hopes that means will soon befound to co forward, as we had intended to do, to the early implementation ofresolution 435 11978), so that our time and efforts here will prove to havemade a positive contribution to the solution of the question of Namibia."Although it has not proved possible here to secure agreement on a ceasefire dttcand on the ccz:mencement of the imple.aentation of resolution435 (1978), the United -ations will not relax its efforts to ensure for thepeople of iamibia their right to self-determination and independence throuzhfree and fair elections under United ITations supervision and control."Observations19. The pre-implementation meeting which concluded in Geneva on 14 Januarydid notsucceed in achieving the objective set for it in my report of 24 November 1980,namely, the setting of a date for the cease-fire and a start of implementation inthe early part of 1981. It became clear in the course of the meeting, that theSouth African Government was not yet prepared to sign a cease-fire agreementandproceed with the implementation of resolution 435 (1978).20. The meeting was, nevertheless, important in many ways. Participants wereinformed in detail of the manner in which the United Nations would discharge itsresponsibilities during the implementation process. Further, through contacts andexchanges at a variety of levels, a remarkable effort was made to demonstrategoodfaith and reasonableness, with a view to proceeding towards implementation in a

spirit of co-operation and understanding. I wish, in this connexion, to express myparticular appreciation to OAU, represented in Geneva by its Secretary-Generalandby the Minister of State of Foreign Affairs of Sierra Leone, to the front-lineStates, Nigeria and the Contact Group of the Western Five.21. I believe that the outcome of the meeting in Geneva must give rise to the mostserious international concern. Members of the Security Council, and all thoseconcerned, will wish to consider the proceedings and the situation which has nowarisen. I wish urgently to appeal to the Government of South Africa to review,with the utmost care, the implications of the meeting and to reconsider itsposition with regard to the implementation of resolution 435 (1978) at the earliestpossible time.

0CDDl:lW~fl nRv rAIAP AIRIA IYMUIIA5ICATIlNS CENTREUNITED SNATIONSSecurity Council Dit.GENERALS/594329 August 1983ORIGINAL ENGL ISHFURTHR RORT OF TIE SECRETA-GrNAL OZC#CMIG THE neLENTAT IONOF SECURITY COUNCIL RSOLUTZONS 435 (1978) AND 439 (1978)CONCM ERNG THE QUTION OF NAHIBIA1. At its 2439th to 2444th, and 2446th to 2451st meetings, held between 23 Mayand I June 1983, the Security Council resumed its consideration of the situation inNamibia.2. At its 2449th meeting on 31 Nay 1983, the Security Council adoptedresolution 532 (1983), the text of which reads as follows: The Security CountilHaving considered the report of the Secretary-General (S/15776) ,Recalling General Assembly resolutions 1514 (XV) of 14 Dcember 1960 and2145 (XXI) of 27 October 1966,Recalling and reaff-irming its resolutions 301 (1971), 385 (1976), 431 (1978),.432 (1978), 435 (1978) and 439 (1978),vReaff irming the legal responsibility of the United Nations over Namibia andthe primary responsibility of the Security Council for ensuring theimplementation. of its resolutions 385 (1976) and 435 (1978), including theholding of free and-air elections in Namibia under the supervision and control of the United Nations,Taking note of the results of the International Conference in Support of theStruggle of the Namibian People for Independence, held at UESCO House inParis from 25 to 29 April 1983,Taking note of the protracted and exhaustive consultations which have takenplace since the adcption of resolution 435 (1978),Further noting with regret that those consultations have not yet brought about theimplementation of resolution 435 (197 8),

83-21852 4586f (E)rPk%3C IOU...

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 161S/15943EnglishPage 21. Condemns South Africa's continued illegal occupation of Namibia inflagrant defiance of resolutions of the GeneralAssembly and decisions of theSecurity Council of the United Nationso2. Calls upon South Africa to make a firm cammitment as to its readiness tocomply with Security Cbuncil resolution 435 (1978) for the independence ofNamibia;3. Further calls upon South Africa to co-operate forthwith and fully withthe Secretary-General of the united Nations in order to expedite theimplementation of resolution 435 (1978) for the early independence of Namibial4. Decides to mandate the Secretary-General to undertake consultations with theparties to the proposed. cease-fire, with a view to securing the speedyimplementation of Security Council resolution 435 (1978)15. Requests the Secretary-General to report to the Security Council on theresults of these consultations- as soon as possible and not later than 31 August1983J6. Decides to remain actively seized of the matter.3. The present report is submitted pursuant to paragraph 5 of the aboveresolution.4. in the exercise of the mandate entrusted to me, .1 initiated preliminarydiscussions with all concerned with a view to establishing the necessaryframework for my consultations and reaching an agreement on the outstandingissues to be discussed with the parties to the proposed cease-fire.5. in my preliminary consultations with senior officials of South Africa on theImplementation of resolution 532 (198 3), they maintained that the main obstacleto implementation of the United Nations plan was the presence of Cuban troops inAngola, and that as soon as they were withdrawn, the remaining outstandingissues could be addressed and resolved. At the same time, they irdicated that Iwould be welcome to visit South Africa for consultations. I made clear to themthat the question of Cuban troop withdrawal from Angola could not be acceptedas a precondition for a Namibian settlement. I added that if South Africa was notprepared to discuss the outstanding issues at this stage then there would be littlepoint in visiting South Africa for consultations. I stressed that such a visit couldonly be justified if it served a useful purpose within the context of SecurityCouncil resolution 435 (1978) and resolution 532 (198 3)6. On 10 August I received a letter from the Foreign Minister of South Africa inwhich he set out the views of his Government concerning its requirements for apeaceful settlement of the question of Namibia. The letter stated that once firm

agreement has been reached on the fundamental requirements of Cubanwithdrawal, and a commitment had been obtained from the Angolan Governmentregarding the implementation of such an agreement, the South AfricanGovernment was of the opinion that the other outstanding issues could beaddressed and resolved reasonably quickly within the framework of theunderstandings that were reached between South Africa and the Contact Group. inthis regard he said that SouthI...

DCODflflIIfEF~ DY TUE DJAUIDIA IfliflAIIMIfATIflhI~ ~RITR! rAIJE lotflLrfl~s&.~ w. . . . ~ . ... -.. . ~-. - - - --S/15943ngl is hPage 3Africa would insist on compliance with the commitments which were madeduring the phase I and phase II negotiations, particularly with regard toimpartiality which remained an essential requirement for the implementation ofany settlement. Discussions would therefore have to take place concerning themanner in which the principle of impartiality would-be applied in practice.7. At separate meetings in New York, I informed SWAPO, the representative ofthe Chairman of the Front-Line States, as well as the Western Contact Group thatshould South Africa continue to insist on addressing outstanding issues only afteragreement had been reached on the withdrawal of Cuban troops, it would not bepossible to make any further progress on the implementation of Security Councilresolutions 435 (1978) and 532 (1983) at this stage. At a further meeting, theWestern Contact Group reconfirmed that understandings reached during phase Iand .phase II of the negotiations in 1982 (see S/15776, paras. 4 to 9), as agreed toin parallel discussions with SWAPO and the Front-Line States, as well as withSouth Africa, remained in force and were still binding on the parties. Followingfrom this, I reaffirmed to the parties that in the implementation of SecurityCouncil resolution 532 (1983) discussions should not be reopened on matters inregard to which agreement and understandings had already been reached, andconfirmed as such to the tknted Nations. In this connection, I drew their attentionto the fact that the only remaining outstanding issues which had to be addressed inthe context of Security Council resolution 532 (1983) were the choice of theelectoral system and some final problems relating to UNTAG and its composition.8. On 16 August I met with Ambassadors Eburie and von Schirnding of SouthAfrica to discuss the letter of 10 August from the Foreign Minister in the contextof Security Council resolution 532 (1983). At that meeting they assured me thatSouth Africa accepts Security Council resolutions 435 (1978) and 532 (1983) asthe basis for further discussionst and that South Africa was prepared, withoutprejudice to its position on other regional issues, to discuss the two remainingoutstanding issues relating to the electoral system and the few remaining pointspertaining to UNTAG and its caimosition. The Ambassadors also assured me thatit was not the intention.of South Africa to reopen discussions on matters regardingwhich agreement has been reached with the partiesp and that South Africa also

accepted all understandings and agreements reached with the parties, as valid andbinding on the porties to the negotiations, and would accordingly insist on theirimplementation. it was on the basis of these clarifications that I decided that avisit to Southern Africa might be useful within the context of Security Councilresolution 435 (1978) and resolution 532 (1983).9. On 17 August, I informed the Foreign Minister of South Africa that followingan exchange of views with Ambassadors Fourie and von Schirnding on the pointsmade in his letter, and in the light of clarifi'ations given to me by them, it wouldbe possible within the context of Security Council resolutions 435 (1978) and 532(1983) to pay a short working visit to South Africa from 22 to 25 August to holdfurther discussions with the Government of South Africa in regard to theimplementation of the United Nations plan for Namibia. I also emphasized to theMinister that in the context of our discussions, it was important that the questionof Namibia be viewed as a primary issue in its own right, and not as an appendageto other issues. I further informed the Minister that I intended, subsequent to myI...OCODAn"rg RV7% AIAAAID#ArnA& 11AUCATIONSrAut -1019

K./KL Y a T U . r I V ZIfII^fW5 INI W flf'I C h, --I- PAGE 163n~rr~u'.c DI r~ uFI~II~II .,JnwuJ.,A'S/15 943EnglishPage 4visit to south Africa, to pay a brief familiarization visit to Namibia in regard to myresponsibilities and in the context of pertinent security Council resolutions.10. I left New York on" 20 August accompanied by Mr. Brian Urquhartr Under-Secretary General for special Political Affairst Mr. Abby Farah, Under-secretary-General for Special Political Questions$ and Mr. artti Ahtisaari, my SpecialRepresentative for Namibia. I arrived in South Africa on 22 August, after a briefstop in Cape Verde, which I made at the invitation of President Pereira fordiscussions with him.11. In Cape mn, I met with Prime Minister P. W. Botha on 23 August and hadextensive discussions with him, both on the question of Namibia and the generalsituation in the region. This was followed by meetings on 23 and 24 August withForeign Minister Botha and the Minister of Defence, General M. Malan, togetherwith senior officials of the Government. The Administrator-General of Namibia,Dr. W. van Niekerk, was also present at these meetings. My discussions with the.Foreign Minister focused on the two remaining issues mentioned in my lastreport, namely, the choice of the electoral system and the settlement of some finalproblem relating to UNTAG and its composition.12. At the working session, the Foreign Minister restated the South AfricanGovernment's comitment to seak a settlement to the Namibia question on thebasis of Security Council resolution 435 (1978) within the framework of theunderstandings reached with the thited States and the Western Contact Group. Heconfirmed that the position of the South African Government was that the.one

major issue still to be resolved was the withdrawal of the Cubans from Angola, onthe understanding that they would not be replaced by any other hostile forces. Hefurther stated that firm agreement would have to be reached on the fundamentalrequirements of Cuban withdrawal, and a commitment would have to be obtainedfrom the Angolan Government regarding the implementation of such anagreement. The other outstanding issues, he stated, should be addressed andresolved within the framework of the understandings reached with the thitedStates and the Western Contact Group.13. In reply, I stated that the United Nations could not accept the linkageprecondition for the implementation of the United Nations plan for Namibia. Imade clear that my mandate did not include the question of the withdrawal ofCuban troops from Angola and that the terms of reference for my discussions withhis Government were exclusively spelt out in resolutions 435 (1978) and 532(1983) . I urged the Government of South" Africa to respond positively on the tworemaining outstanding issues.14. In regard to the electoral system, the Foreign Minister stated that the Westernconstitutional proposals provided for a choice between the two systems, namely,proportional representation ard the constituency (single-member constituency)system, to be made by the Administrator-General after commencement ofimplementation of security Council resolution 435 (1978). He indicated thatSouth Africa's choice would now be made by the kiministrator-General andcommunicated to the Special Representative as soon as a date for implementationhad been set, which would be earlier than originally envisaged in the proposals.Members of the Security council will recall that in my last report to the SecurityCouncil (S/15776, paragraph 8), I explained the situation in regard to the electoralsystem as follows:I...PA(; 11; 1

UCflBflflhIfcfl Dy TBJC PJAUIDIA fflUUIIR5ICATIOPJ~ CFPITR! rp~,jc I,..~ -.. .-....-..-' -~...-. -.-. - - - -. -- - - - --S/15943EnglishPage 5OAs regards the electoral system to be employed in electing theConstituent Assembly, it was agreed that it would be based either onproportional representation or single-member constituencies. I was alsoassured that all the parties were agreed that this issue must be settled inaccordance with the terms of Security Council resolution 435 (1978) and thatthe issue must not cause delay in the implementation of that resolution. TheFront-Line States and SWKF emphasized the view that agreement should besecured on the electoral system prior to implementation of Security Councilresolution 435 (1978). To this end, the western Contact Group undertook tocontinue their consultations with all the parties.*15. In regard to UNTAG, I first took up the composition of its militarycomponent. I reviewed the progress made in previous discussions in regard to

Governments that had agreed to provide the seven infantry battalions for UNTAGIn so doing, I explained that the final decisions on the composition of UNTAGwould be made by the Security Council on the basis of proposals by theSecretary-General. Following the diScussion, the Foreign Minister expressedagreement on the proposed caposition of UNTAG and stated that as far as SouthAfrica was concerned the matter was resolved.16. The discussions also resulted in the settlement of outstanding issues regardingthe Agreement on the Status of UNTAG. This agreement would provide UNTAGwith the necessary immunities and privileges to facilitate its work and to protectits status in the Territory as a United Nations operation.17. The Foreign Minister also raised again the question of impartiality. In thisconnection, he assured me that it was not the intention of South Africa to reopendiscussion on this matter, regarding which agreement had already been reached,but that in order to avoid future delays it would be useful for South Africa toknow how provisions relating thereto would be implemented. I assured him thatin the implementation of Security Council resolution 435 (1978) all parties wouldbe treated equally by the United Nations. It followed that South Africa wasexpected to do the same.18. Since I completed my talks with South Africa ahead of schedule, I proceededto Namibia on 24 August on a brief familiarization visit. I visited Ruacana on thenorthern border of Namibia, where I was shown the hydro-electric power stationand its facilities. The journey to Namibia provided me with an opportunity tolearn at first-hand some of the present difficulties facing its inhabitants. While inthe Territory, I raised these matters and other problems in informal consultationswith the Administrator-General, Dr. van Niekerk.19. Namibia is afflicted by a serious drought situation with dire consequences forthe entire population, particularly those in the rural areas. In my contacts andmeetings with the people of the Territory, most of them, after expressing theirdesire for peace and stressing the necessity for an early implementation of theUnited Nations plan, urged me to alert the international community to their plightand to facilitate the flow of humanitarian assistance. The present cycle of droughtin Southern Africa as a whole is having a devastating impact on the nationaleconomy and the every-day life of the people of the Territory. In thecircumstances the international community might wish to consider what could bedone to provide humanitarian assistance to support local efforts in this regard.OCODAn"rB DVrSJCAIAAAlRiArnMMUNICATIONSCENr^%3c 194gqkJk p i m

ffCrnvWLILuc- Of ir IMP vIDO A I*lil Inn I III.AW M b I.S/15943EnglishPage 620. Having concluded the first leg of My visit to Southern Africa# I paid a one-day visit to Wuanda on 26 August to follow-up discussions I initiated in NewYork with SWAP0 in regard to the implenentation of Security Council resolution

532 (1983). I also met with President.dos Santos of Angola to discuss thesituation in Southern Africa.21. I met with Mr. Sam Nujoma, President of SWAPO, in Luanda to discuss thequestion of Namibia in the framework of Security Council resolution 532 (1983).He reiterated to me SWAP's statement of January 1981 during the Geneva Pre-Implementation *eeting. He stated that SWAPO was ready to sign a cease-firewith South Africa and to further co-operate with the Secretary-General andUNTAG, both military and civilian components, in facilitating the speedyimplementation of Security Council resolution 435 (1978) without modification,amendment or extraneous and irrelevant issues of linkage and reciprocity.22. With regard to the composition of the military component of UNTAG heassused me that SiPO would support the recommendations which I intended tomake to the Security Council with regard to the composition of the seven infantrybattalions.23. on the choice of the electoral system, Mr. Nujama reaffirmed SWAIO'sposition that it was prepared in principle to accept either proportionalrepresentation or the single-member constituency system, and urged theimperative need for a decision to be made on this matter as soon as possible andfor the establishment of a time-frame for implementation.Conclusions24. I have described above my efforts to carry out the mandate given to me by the'Security Council in resolution 532 (1983), namely, to consult with the parties tothe proposed cease-f ire with a view to securing the speedy implementation ofSecurity Council resolution 435 (1978). These prolonged and intensiveconsultations have resulted, as far as UNTAG is concerned, in resolving virtuallyall the outstanding issues. In fact we have never before been so close to finality onthe modalities of implementing resolution 435 (1978) .25. However, the position of South Africa regarding the issue of the withdrawalof Cuban troops from Angola as a precondition for the implementation ofresolution 435 (1978) still makes it impossible to launch the United Nations plan.I have repeatedly made it clear that I do not accept this so-called "linkagem andthat the question of Cuban troops was not envisaged in Security Councilresolution 435 (1978) and is not Fart of my mandate under resolution 532 (1983).This difficulty can only be dealt with in its own context by those directlyconcerned, acting within their sovereign rights, and, above all, by a determinedeffort by all concerned to reduce the tensione and contentious issues and to put anend to conflict in the area as a whole.26. My visit to the region brought home to me vividly both the human tragedy ofthe present situation and the necessity for urgent progress towardsimplementation. The people of Namibia, on whose behalf this long-standinginternational effort hasI...PAGI= 165

.~~I~DEf~r fl~i TLI~ AlA ZEIDIA ,f~AA8AIAI5fATI(~JJC frAITP~PAGE 166 ,-TCrntVuu.u 0 r 1 nl& twfo% .%fw , ,.,, ,

S/15943EnglishPage 7been mounted and maintained, are suffering not only denial of their legitimateaspirations for genuine self-determination and independence, but from the effectsof procrastination and the uncertainty of their future. Tb their already greatdifficulties have now been added the hardships of a long and serious drought. Ihave now witnessed at first-hand their impatience and disillusionment.27. A peaceful solution of the Namibian problem is also the key to a peaceful andco-operative future for all countries of the region. The instability and conflictgenerated by the failure to resolve this problem has had disastrous results for theneighbouring countries, and especially for Angola. It is in the interest ofabsolutely no-one to have this situation continue. It is both highly damaging to thepeoples and Governments of the area and also a threat to the wider peace. Anothercomplicating factor is the injection of wider political and ideological issues intothis already complex and highly-charged situation.28. I have reported above substantial progress since the Council last met on the aibia question. However, no-one is more aware than I that we cannot claim realprogress until an actual date is fixed for the start of implementation of resolution435 (1978), and the cease-fire comes into force. I have no doubt that furtherdisastrous consequences will result if we do not reach this stage quickly.29. The attainment of a peaceful, prosperous, independent and united Namibiawould be an achievement of which all members of the international communitycould be proud. For the sake of the people of Namibia, for the future of thisrichly-endowed region of the world and in the interest of international peace andco-operation, I appeal to all concerned not to be distracted from this objective byother issues. I urge them, in a renewed spirit of co-operation, to build on thepcogress made and to make another major effort for the achievement ofindependence for Namibia through the implementation of resolution 435 (1978) atthe earliest possible date. For my part I am determined to continue my endeavoursto this end and also to assist the people of Namibia in any way I can.

REPRUEU.D 0I T I M/ IVAMIDIF I.IVIUIIIv.^ I f 'G l. In rUNITED wNATIONSSecurity Council Disr., ,v.GENERAL"LAC"5/1623729 December 1983ORIGINALs ENGLISHFURTHER REPORT OF THE SECRETARY-GENERAL CONCERNING THEIMPLDENTATIONOF SECURITY COUNCIL RESOLUTIONS 435 (1978) AND 439 (1978)CONCERNING THE QJESTION OF NAMIBIA1. The Security Council renewed its consideration of the situation in Namibia atits 2481st to 2486th, 2488th, 2490th and 2492nd meetings, held between 20 and

28 October 1983.2. At its 2492nd meeting on 28 October 1983, the Security Council adoptedresolution 539 (1983), the text of which reads as followst"The Security Council,'Having considered the report of the Secretary-General (S/15943) of29 August 1983,'Recalling General Assembly resolutions 1514 (XV) of 14 December 1960 and2145 (XXI) of 27 October 1966,"Recalling and reaffirming its resolutions 301 (1971), 385 (1976),431 (1978), 432 (1978), 435 (1978), 439 (1978) and 532 (1983),'Gravely, concerned at South Africa's continued illegal occupation ofNamibia,"Gravely concerned also at the tension and instability prevailing insouthern Africa and the mounting threat to the security of the region and itswider implications for international peace and security resulting fromcontinued utilization of Namibia as a springboard for attacks aqainst anddestabilization of African States in the region,'Reaffirming the legal responsibility of the United Nations over Namibiaand the primary responsibility of the Security Council for ensuring theimplementation of its resolutions, in particular, resolutions 385 (1976) and435 (1978), which call for the holding of free and fair elections in theTerritory under the supervision and control of the United Nations,83-37026 1104q (E)D&I:: 'IK7

nlnuift"rtlfrI DV Trle lA NIMDIA lILLJIIAIIfA TI"AIC xCAITrCrsUC le narnuuuz.. SI 1 fhlugn ..,wul nwl.l.. . l,..,S/16237EnglishPaqe 2"Indiqnant that South,"Africa's insistence on an irrelevant and extraneousissue of 'linkaqe' has obstructed the implementation of Security councilresolution 435 (1978),"1. Condemns South Africa for its continued illeqal occupation ofNamibia in flaqrant defiance of ;esolutions of the General Assembly anddecisions of the Security Council of the United Nations,"2. Further condemns South Africa for its obstruction of theimplementation of Security Council resolution 435 (1978) by insistinq onconditions contrary to the provisions of the United Nations plan for theindependence of Namibiaj"3. Rejects South Africa's insistence on linking the independence ofNamibia to irrelevant and extraneous issues as incompatible with resolution435 (1978) , other decisions of the Security Council and the resolutions of theGeneral Assembly on Namibia, including General Assembly resolution 1514(XV)of 14 December 19601

u4. Declares that the independence of Namibia cannot be held hostage tothe resolution of issues that are alien to Security Council resolution435 (1978)s05. Reiterates that Security Council resolution 435 (1978), embodyingthe United Nations plan for the independence of Namibia, is the only basis fora peaceful settlement of the Namibian problems,06. Takes note that the consultations undertaken by theSecretary-General pursuant to paragraph 5 of resolution 532 (1983) haveconfirmed that all the outstanding issues relevant to Security Councilresolution 435 (1978) have been resolved)"7. Affirms that the electoral system to be used for the elections ofthe Constituent Assembly should be determined prior to the adoption by theSecurity Council of the enabling resolution for the implementation of theUnited Nations plan,"8. Calls upon South Africa to co-operate with the Secretary-Generalforthwith and to communicate to him its choice of the electoral system in order tofacilitate the immediate and unconditional implementation of theUnited Nations plan embodied in Security Council resolution 435 (1978)s"9. Requests the Secretary-General to report to the Security Council onthe implementation of this resolution as soon as possible and not later than31 December 1983y"10. Decides to remain actively seized of the matter and to meet as soonas possible following the Secretary-General's report for the purpose ofreviewing progress in the implementation of resolution 435 (1978) and, in theevent of continued obstruction by South Africa, to consider the adoption ofappropriate measures under the Charter of the United Nations."I...

MCrMu uI .L a T I ria IV ^ IDI4 A I VI VAM IVIJA T7^AC I I C itDC 1(F...S/16237Englishpage 33. The present report is submitted pursuant to paragraph 9 of the aboveresolution.4. On 29 October 1983, I received a communication from the Government ofSouth Africa (S/16106) in which, inter aia, it was statedsNThe question of the choice to be made between proportionalrepresentation and the constituency system is not of great importance, andthis aspect should not cause unnecessary problems. What is important,however, is that no settlement plan can be implemented unless a firm aqreementis reached on Cuban withdrawal from Angola.05. In the exercise of the mandate entrusted to me by the Security Council, I helddiscussions with Ambassadors von Schjrnding and Fourie of South Africa in thecontext of Security Council resolution 539 (1983) and drew their attention, inparticular, to paragraphs 7 and 8 of that resolution. In the course of the

discussions, I underlined that the Security Council had already rejected SouthAfrica's insistence on linking the independence of Namibia to irrelevant andextraneous issues as incompatible with Security Council resolution 435 (1978)and that Security Council resolution 435 (1978) embodying the United Nationsplan forthe independence of Namibia, must remain the only basis for a peacefulsettlement of the Namibia problem. In that connection, I urged the Government ofSouth Africa to co-operate with the Secretary-General and to communicate to himits choice of the electoral system in order to facilitate the implementation of theUnited Nations plan.6. The Ambassadors informed me that the position of South Africa in regard tothe implementation of Security Council resolution 435 (1978) had not changed.However, they indicated that, while they were not in a position to make anycommitments onthe matter, they would undertake to refer the question of South Africa's choice ofthe electoral system to their Government for consideration.7. on 22 November 1983, I received a communication from the Foreign Ministerof South Africa (S/16219, P. 3) in which he reaffirmed the position of theGovernment of South Africa in regard to the question of its choice of the electoralsystem, as reflected in paragraph 14 of the report of the Secretary-General(S/15943) to the Security Council on 29 August 1983. The Minister reiterated thatSouth Africa's choice would be made by the Administrator-General andcommunicated to the Special Representative as soon as a date for implementationhad been set, i.e. earlier than originally envisaged. The Minister further stated thatthe decision relating tothe electoral system was a complex one which would involve the determination ofwhich system would be the most equitable for a territory with a sparse andunevenly distributed population. He also stated that the decision of theGovernment of South Africa regarding its choice of the electoral system wouldinvolveconsultations with the leaders of the Territory and a proper assessment of therelative advantages of each system.8. At subsequent meetings with the Permanent Representative of South Atrica tothe United Nations, I again asked the Government of South Africa to provide adefinitive response to paragraph 8 of Security Council resolution 539 (1983). The...

PAGE 170 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/16237EnqlishPage 4Permanent Representative, however, continued to maintain that his Governmentwasnot in a position at that stage to add anything to the communication addressed tome by the Foreign Minister on 22 November 1983 (S/16219, p. 3).

9. In my discussions with the representatives of South Africa, I have made itclear that it is essential to abide by relevant decisions of the Security Counciland to co-operate fully in the implementation of Security Council resolution435 (1978). To this end, I have urged the Government of South Africa toreconsiderits position and to communicate to me its choice of the electoral system as amatter of urgency in order to facilitate the implementation of the United Nationsplan. 7hus far, the Government of South Africa has not given me a definitiveresponse in this reqard as called for in paragraph 8 of Security Council resolution539 (1983). In the circumstances, I very much regret that I am not in a positionto report any further progress in my recent discussions with South Africa. I shallnot fail to inform the Security Council immediately of any developments in thisregard.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 171uNITED SN4ATIONSSecurity Council Distr.GENERAL6 January 1984ORIGINALS ENGLISHLETTER DATED 6 JANUARY 1984 FROM THE PERMANENTREPRESENTATIVE OF ZV4BABWE TO TEE UNITED NATIONSADDRESSED TO THE SECRETARY-GENERALI have the honour to enclose a letter dated 5 January 1984 addressed to you by. Theo-Ben Gurirab, Permanent Observer of the South West Africa People'sorqanization (SWAPO) to the United Nations, transmitting a comunication datedS JanuarY 1984 from Mr. Sam Nujoma, president of SIAPO.I would be grateful if you would circulate this letter and its enclosure as adocument of the Security Council.(Signed) Elleck Kufakunesu MASHINGAIDZE AmbassadorPermanent Representative of Zimbabwe to the United Nations84-00533 1170d (E)

^6%n,'Ir, l fl~r VIJf AlA EIIDIA Frt"l IAII"A IIAIC frAITrDTAga 1 /Z ncn, uc[I U | IlL lIfhVUSU| ,,l|llUl..jt i iS/16256EnqlishPage 2Annexletter dated 5 January 1984 from the Permanent Cbserverof the South West Africa People's Organization to theUited Nations addressed to the Secretar,-GeneralSWAPO President, Dr. Sam lMjoma, has instructed me to transmit the enclosedcommunication.

(Signed) 'heo--Ben GUR.IRA Permanent ObservetI...

Heri U n # I a T I r Rc AV ^ f111AlDl1 A % PAGE 7S/16256EnglishPage 3pendix.. mmnication dated 5 January 1984 from Mr. Sam NMjoma,President of the South West Africa people's Organization addressed to theSecetary-eneralI have the honour to communicate to you SAPO's position with regard to theproposal of the government of the People's Republic of Angola as contained in theletter dated 31 December 1983, addressed to Your Excellency by the Angolanpresident, His Excellency Jose Eduardo dos Santos, that the Secretary-Generalsould immediately initiate consultations with SWAPO and South Africa, inaccordance with the mandate conferred upon you by the Security Council, to setthe exact date for the proclamation of a ceasefire in Namibia between SWAPOand South Africa.SmApO has always been agreeable to the immediate signing of a ceasefirebetween itself and South Africa. Accordingly, we agree with the Angolanproposal for the Secretary-General to initiate consultations with the two partiesconcerned to agree on the exact date for a ceasefire in Namibia, in accordancewith the provisions of the United Nations plan for the independence of Namibiaas contained in Security Council resolution 435 (1978) , which must beimplemented forthwith without modification or extraneous and irrelevant issuessuch as linkage, parallelism or reciprocity.As your Excellency is very well aware, provisions of Security Councilresolution 435 do not, in any way, refer to temporary ceasefire arrangements inNamibia.In order to contribute meaningfully to an early ceasefire agreement andimplementation of Security Council resolution 435, SWAPO suggests that YourExcellency should inediately initiate steps towards convening a meeting betweenSWAPO and South Africa to discuss the final details of the ceasefire.(Signed) Sam NWOWPresident of SWAPOPAGE 171

BIf A l 4YADD lFmlR T~PAJRACMUNCTOSCNR IUNITED S0ATIONS% Security Council Distr.GENERAL30 Auqust 1984ORIGINAL: ENGLISH

LETTER DATED 29 AUGUST 1984 FROM THE PERMANENTREPRESENTATIVE OF ZIMBABWE TO THE UNITED NATIONSADDESSED T0 THE SECRETARY-GENERALI have the honour to request that the attached document, entitled "SWAPOStatement on Cessation of Armed Hostilities in Namibia" and dated 13 Auqust1984, be circulated as a document of the Security Council.(Siqn*d) Elleck K. MASHINGAIDZE Ambassador/Permanent Representative84-20513 1459d (E)11pkj= 1 1-9 9VDRQQ"r9n BY Tf NAMIBIA CO UNICATIONSCENTR

I LJ.I.LALJ "C PG 1AMI I** ..,aMIUIIa*IC,.AlV 175S/16725EnglishPag e 2AnnexSWAPO Statement on Cessation of Armed Hostilities in Namibia dated 13August 1984Pursuant to its'commitment and deep yearning to put an immediate end to thebloodshed, loss of lives and destruction of property in Namibia, SWAPOreaffirms its readiness to cease armed struggle in Namibia if South Africa shouldagree to a specified time frame, with a fixed date, for the commencement of theimplementation of the United Nations Plan for the independence of Namibia asembodied in United Nations Security Council resolution 435 (1978).The sole purpose of SWAPO's armed strugqle is to end the illegal occupation ofNamibia by South Africa. There will certainly be no need or justification forSWAPO to continue with the armed struqqle once the South African Governmenthas agreed to a concrete time frame for Namibia's independence, throuqh thefixing of a date for the commencement of the implementation of resolution 435.It is very important that the South African Government understands that SWAPOwill not aqree to a South African supervised and controlled transitional process toNamibia's independence. There exists among the Namibian people a profounddistrust of the South African Government because of its record of wantonrepression andatrocities in Namibia.Against this background, SWAPO is firmly convinced that the Namibian peoplemust have the protection and assurance of the international community that thetransitional process to independence will, indeed, be free, fair and democratic. Itis in the light of this that SWAPO cannot accept the idea of a cessation of hostileacts in Namibia, which South Africa is proposing, in the absence of a firmcommitment by South Africa to a fixed date for the commencement of theimplementation of resolution 435.SWAPO remains ready, however, for direct and constructive contacts with SouthAfrica at the highest possible level.PAGE 175

OVts nni RV THE NAMIBIA CO UNICATIONS CENTREFP%%2C 1 10uNITED NATIONSSecurity CouncilDistr.GENERALS/1673 56 September 1984ORIGINAL: ENGLISHLETTER DATED 6 SEPTD4BER 1984 FROM THE PERMANENTREPRESENTATIVEOF SOUTH AFRICA TO THE UNITED NATIONS ADDRESSED TO THESECRETARY-GENERALI refer to Security Council document S/16725 dated 30 August 1984 and have thekepour to enclose the text of a press release dated 5 September 1984 containingthe roction of the South African Minister of Foreign Affairs, the Honourable it. F.Botha, to the "SWAPO Statement on Cessation of Armed Hostilities in Namibia"jated 13 August 1984.I should be grateful if this letter and its annexure could be circulated as aJ&cument of the Security Council.(Signed) Kurt von SCHIRNDING AmbassadorPermanent Representative4-20824 4301e (E)S

KMrKU U1&UH'L I' U Il1 I'11 WIIUI/i IJII5VUUIV8I% U .JUV.1 ,. .S/16735EnglishPage 2Annex"0he statement does not contain anything new. It is simply a repetition ofSWAPO's position which is in effect that resolution 435 (1978) must beimplemented without an agreement with regard to Cuban withdrawal."The question of Cuban withdrawal is not a subject on which SWAPO has anysay. It is a matter which rests with the Angolan Government and which is beingdiscussed with that Government."In the meantime, and until a conclusion has been reached on the question ofCuban withdrawal, the South African Government would like to see an end toviolence in South West Africa. Tere is no reason, except bloodthirstiness and. thedesire to kill, why the violence should not be ended before resolution 435 (1978)is implemented. Thus, if SWAPO should stop its violence, peace couldimmediately be established. On the other hand, if SWAPO continues withviolence, action will be taken against it."PAGI= 177

-V vL/£ AlA 1AEDIA tA JIJAEIII IAITIlADC rtATR1ASLO ITEDNATIONSGeneral Assembly Security Council Distr./m a GENERALA/39/688S/16838,26 November 1984ORIGINALs ENGLISHGENERAL ASSEMBLY SECURITY COUNCILThirty-ninth session Thirty-ninth yearAgenda item 29QUESTION OF NAMIBIALetter dated 17 November 1984 from His ExcellencyMr. Jos& Eduardo dos Santos, President of thePeople's Republic of Angola, to the SecretaryGeneral of the United NationsI have the honour to address myself to Your Excellency to 'inform you of thesteps taken by the Government of the People's Republic of Angola with theessential objective of guaranteeing the independence of Namibia, through the fullimplementation of United Nations Security Council resolution 435 (1978), ofachieving the withdrawal of South African troops from the south of Angola,securing international guarantee for Angola's security, independence andterritorial integrity and contributing to the establishment of a lasting peace insouthern Africa.As I stated publicly on 26 August 1983 on the occasion of your memorable visitto Luanda, the People's Republic of Angola has always shown its willingness toco-operate in the search for an adequate solution to the Namibian problem,thereby taking the first important step towards the establishment of a just andlasting peace which we want for our people and the international comunity.while ratifying the decision of the People and the Government of Angola tocontinue the fight against racist invaders, I reiterated our desire to continuediplomatic action to seek a just solution and reaffirmed the following position ofour Party and Governments1. The immediate and unconditional withdrawal of the South African forcesoccupying part of our territory.2. The Immediate implementation of Security Council resolution 435 (1978)leading to the true independence of Namibia.3. The cessation of South African aggression against Angola.4. The cessation of all logistical support for UNITA puppet bands.84-29552 13190 (E)PAGE 178 - anvuusc ,,n v.. , v.,~,,.*,

nenl,~~.r~U ~i r P rE l T AlAAA Ifll' AurA77rhA1.f*lAII I*C r .7.ncrnvuu.,ca,~~~~PAG 179 l .nn, U~f W 1A/39/688

S/16838EnglishPage 2On the basis of these positions, some of which had already been stated in thestatement of the Foreign Ministers of the People's Republic of Angola and theRepublic of Cuba of 4 February 1982 and are also contained in the JointDeclaration of 19 March 1984 of both Governments, we have held talks, bothdirect and indirect, with representatives of the Governments of the United Statesof America and South Africa, with the view to achieving the above objectives.These positions of principle put forward by Angola are a categorical rejection ofthe so-called "linkage", rejected by almost all Governments of the world and byworld opinion, which seeks to make the implementation of resolution 435 (1978)contingent on the prior or parallel withdrawal of the Cuban military contingentlegally present in the People's Republic of Angola at the request of itsGovernment and under protection of Article 51 of the Charter of the UnitedNations.On the contrary, the application of resolution 435 (1978) is a fundamental factorand with it the independence of Namibia which, together with cessation ofaggressions and direct and indirect aggressions and threats against Angola and thehelp from abroad for the counter-revolutionary bands, would make it possiblewithin an adequate period, to ensure our security and the subsequent progressivewithdrawal of the Internationalist Cuban forces from Angola as stated veryprecisely in the above-mentioned Joint Statements of Cuba and Angola, ofFebruary 1982 and March 1984.In the course of our talks with representatives of the United States, held at Luandaon 6 and 7 September, we presented them with a Platform_to-be.conveyed tQ theGovernment of South Africa containing five points. I here transcribe the full textof the said Platform presented by the People's Republic of Angola.1. The completion of the process of withdrawal of South African forces fromthe territory of the People's Republic of Angola and control by FAPLA ofAngola state borders.2. A solemn statement by the Republic of South Africa in which it pledges tohonour and contribute to the implementation of Security Council resolutio435 (1978) for the independence of Namlibia.3. A cease-fire agreement between the Republic of South Africa and the SouthWest Africa People's Organization (SWAPO).4. A statement by the Government of the People's Republic of Angolareiterating its decision, in agreement with the Government of Cuba, to proceedwith the start of the withdrawal of the Cuban Internationalist Contingent onceimplementation of resolution 435 (1978) is in progress.5. The signing, within the parameters of the United Nations Security Councilwhich would act as guarantor, of an international agreement between theGovernments of the People's Republic of Angola, the Republic of South Africa,the Republic of Cuba, and a representative of the South WestI..PAGG 17q

f l D/*l/I E/7 fl "IE AI A -^&DB A f SaAl lAIrA TW AIC CK DT lA/39/6885/16838Englishpage 3Africa People's Organization, and in which would be defined therespective undertakings for achieving Namibia's independence, and the guaranteesfor the security and territorial integrity of the People'sRepublic of Angola and a- lasting peace in south-west Africa.This agreement would provides1. United Nations troops having been established in Namibia, together withthe United Nations authorities, within the prescribed period, theRepublic of South Africa would completely withdraw its Armed Forces fromNamibia, withdrawing first the Air Force and the units on the border withAngola, which would come under the immediate responsibility of the UnitedNations troops.2. After the Air Force has been completely withdrawn from Namibian territoryand there remains only one thousand five hundred infantrymen of the SouthAfrican forces, Angola and Cuba would proceed with withdrawals offive thousand Cuban Interfiationalists from the troops grouped in theSouth, as a gesture of good will.3. The Cuban troops would not carry out any kind of deployment of militaryunits or any type of manoeuvres south of the 16th parallel.4. with regards to the remaining number of Cuban forces grouped in theSouth, they would be withdrawn over a maximum period of three years.5. If any act of aggression or threat of imminent aggression against Angolaby South Africa were noted, the entire Agreement will be suspended orannulled.6. The Republic of South Africa would commit itself from the very start tocease all support of the UNITA bands, and the United Nations authoritieswould have to verify the dismantling of UNITA bases on the Namibianterritory.7. The withdrawal of Cuban troops stationed in Cabinda Province and otherregions in the north of the People's Republic of Angola, including thecountry's capital, would be programmed in accordance with a timetable tobe established for this purpose by the People's Republic of Angola andCuba.As Your Excellency can confirm, the Platform directly states the problems thatmust be resolved in order to achieve the application of resolution 435 (1978) and,therefore, the independence of Namibia, as well as other steps to guarantee thedisengagement of the South African forces from our territory and theestablishment of a lasting peace in the region that would create the requisiteconditions to proceed with the disengagement of Cuban Internationalist troopsfrom southern Angola. All this, of course, within the framework of an

international agreement subscribed to by all the parties concerned and guaranteedby the Security Council.I...P'A G E 1130 n Cr n Wu u t.:u G L lr ll lfllF 1ltl-11i l -q ll il b w *i

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 181A/39/688S/16838EnglishPage 4Subsequently, and as a proof of the seriousness with which Angola is carryingout the negotiations, on 9 October this year, we presented a text whichcomplemented the Platform and rigorously expressed our precise proposal withregards to the Cuban military personnel.The full text of the document is as follows,"The People's Republic of Angola and the Republic of Cuba, in exercising theirsovereign rights within the framework of Article 51 of the United NationsCharter, agree to proceed in the following manner in respect of theInternationalist Contingent of Cuban troops, so long as the points formulatedin the Platform of the People's Republic of Angola for an internationalagreement on independence, security and peace in south-west Africa, Angola andNamibia are accepted, carried out and respected.0First: On the grouping of the Cuban Forces in the south of Angola (ATS)1. within 24 months of the entry of United Nations troops contingent for theimplementation of Security Council resolution 435 (1978) the fifteen thousandmen of the present line defending the south of Angolas Namibie-Lubango-atala-Jambamenongue, will be withdrawn in the following manner.After the 16th week, within a four-months' period, five thousand men.Between the 12th and 16th month, another five thousand men.Between the 20th- and the 24th month period, a further five thousand men.During this period, the Cuban troops would at no time cross the 16th parallel,which is 160 km from the Namibian border and 1,360 km from the Orange River.2. The remaining troops of ATS, comprising approximately five thousand mendeployed behind the said line, would be withdrawn between the 32nd and the36th month.During the third year, these troops would at no time cross the 13th parallel,which is more than 500 ki from the land border with Namibia and 1,700 km fromtheOrange River. That is, as from the 24th month, no ATS unit would cross the13th parallel.Thus, approximately twenty thousand men of the total number of Cuban troops inAngola would withdraw in 36 months.Second: On the remaining Cuban troops in Angola1. The remaining Cuban troops which have nothing to do with the defence of the

south of tne country and no relationship to Namibia or South Africa, as pointedoutin the Point 5-VII of the Platform, would be withdrawn from Angola inaccordancewith an independent timetable to be agreed upon by the People's Republic ofAngolaand Cuba when the time comes.

4O"c 2' DCDVflflIWrl DV TrJAUIRIArQ fUUICA77ONS CENTA/39/688S/16838EnglishPage 5These remaining troops would also at no time cross the 13th parallel.Angola and Cuba shall establish the date indicated as the maximum limits for jTSto stay in Angola, reserving the right to cut short those periods if security ndterritorial integrity so permits. In the same spirit, both Governments, exercisingtheir prerogatives of sovereignty, shall determine the moment and appropriatetime-scale for the withdrawal of the remaining forces once Angola's integrity andsecurity are fully guaranteed.2. Part of those troops are in Cabinda, which is 1,350 km from the river border(the Cunene River) with Namibia, and separated from the rest of the territory andby the Zaire River.Cabinda is 2,550 km from the Orange River.Another part of this force would be in Luanda and the surrounding area (Bengo,Xuanza Norte). Luanda is Cabinda's rear, in view of the fact that it is only herethat there can be the air and naval'forces capable of going to help Cabinda in theevent of aggression, as well as the ground forces which would be transported byair and ship.Luanda is 945 km from the river border (Cunene River) with Namibia and 2,145kmfrom the Orange River.Other units could be stationed in the northern and western provinces and instrategic points north of the 13th parallel which ensure communications andsupplies to those provinces.3. That is, the remaining forces would be very far from the southern border, andtheir mission, together with FAPLA is to defend the territorial integrity of thePeople's Republic of Angola against aggression from the north and north-east and,more especially, against Cabinda as has already happened.4. The People's Republic of Angola does not have the organized manpowerresources with the required educational level or the available material andfinancialresources to wage a war against the UNITA bands and other puppet organizationsan, simultaneously, to replace Cuban troops and armaments at strategic points inthe

south, centre and north of the country. Angola has to give priority to fighting thebands who, supported, trained and equipped from abroad, have caused and arecontinuing to cause the country substantial human and economic losses.At the same time, and if agreement is reached in the present negotiations, inonly 36 months it will have to replace the strength in men and squipment of thegrouping of Cuban troops in the south and assume responsibility for theinstallations and positions occupied by them.For these reasons, it is only after such replacement has been carried out, and peaceand internal order has been guaranteed, that Angola itself will be able to take onthe tasks which, for the country's security and integrity, are performed by theremaining Cuban military personnel.I...

B~Bf~F If~i ly UC AlA MAMRA I'LA i HIfA WTVAA CENTREAE 8A/39/688S/16838EnglishPage 6This will require time, substantial resources and a tremendous effort in thetraining of skilled professionals and technical personnel. To demand more of ouryoung State, after five centuries of colonialism, fourteen years of struggle forindependence and almost ten years of fighting foreign aggression and subversionorganized from abroad, would reflect a lack of realism and lack of considerationfor our people.Angola has given proof of its good will and seriousness in seeking peace.Angola cannot make concessions that will be suicidal for its nationalintegrity and its political and social process, forgetting the sacrifices made by tensof thousands of its finest sons and daughters.Angola, Mr. Secretary-General, has given proof of its good willingness andseriousness in seeking peace, but it cannot accept an arrangement which does nottake into account the criteria outlined here or which does not fully respond in away satisfactory to all the issues related to the rapid independence of Namibia, thedisengagement of South African troops from our territory and cessation of allexternal help for the UNITA puppet bands.In other words, and reaffirming what is stated at the end of the complementarytext, it is not possible either to demand or to expect of Angola concessions whichwould be suicidal to its national integrity, and the development of its political andsocial process and would mean forgetting the sacrifices made by tens of thousandsof its finest sons and daughters.Mr. Secretary-General, conscious of the fundamental role played by the UnitedNations in respect of the independence of Namibia and the implementation ofresolution 435 (1978), we consider it indispensable not only that Your Excellencyshould be fully informed of how the negotiations are going, but also that, at anopportune moment in the not so distant future, your representative should take

part in them, so that you may also make your valuable and necessary contributionto our efforts.Finally, I should like to say to you, Mr. Secretary-General, that Angola hascarried out these negotiations in close co-ordination with Cuba and has its fullsupport. At the same time, the leadership of SWAPO has also been informedabout the evolution of the negotiations.I should like to request Your Excellency that this letter be circulated as an officialdocument of the General Assembly, under agenda item 29, and of the SecurityCouncil.(Signed) Jos6 Eduardo dos SANTOSPresident of the People's Republic of AngolaPAGE 183

Drnartr~I5f.Cfl DV 71W AIAUIRIA rflhiAlIIAIirATIflAI~ CFAITRE IAI~ 1@'~ -. ..-......,-. ..... - - - -UNITED SNATIONSSecurity CouncilDistr.S/172426 June 1985ORIGINAL: ENGLISHFURTHER REPORT OF THE SECRETARY-GENER&L CONCERNING THEIMPLEMENTATIONOF SECURITY COUNCIL RESOLUTIONS 435 (11M AND 439 (1978)CONCERNING THE QUESTION OF NAXTBIA1. on 29 December 1983, I submitted to the Security Council my report(5/16237) pursuant to paragraph 9 of its resolution 539 (1983) concerning thequestion of Namibia. The present report is intended to provide the SecurityCouncil with an account of developments since then concerning theimplementation of its resolutions 435 (1978) and 439 (1978) on the question ofNamibia.2. Members of the Council will recall that, in his communication of15 December 1983 (S/16219, p. 2), the Foreign Minister of South Africa informedthe Secretary-General that%0... with a view to facilitating the process of achieving a peacefulsettlement of the South West Africa/Namibia issue, the Government of SouthAfrica is prepared to begin a disengagement of forces which from time to timeconduct military operations against SWAPO in Angola, on 31 January 1984, onthe understanding that this gesture would be reciprocated by the AngolanGovernment, which would assure that its own forces, SWAPO and the Cubanswouldnot exploit the resulting situation, in particular with regard to actionswhich might threaten the security of the inhabitants of South WestAfrica/Namilbia."The proposed action by South Africa would last initially for thirtydays, and could be extended on condition that the provisions of this proposal

are adhered to.3. In a communication addressed to the Secretary-General on 31 December 1983(S/16245), the President of Angola referred to the communication of15 December 1983 addressed to the Secretary-General (S/16219, p. 2) by theForeign Minister of South Africa, with the offer of a disengagement. Presidentdos Santos stated that%85-16701 2233b (E) I...IVA92rIGO "1 nn"~ DV TU MAAM * MMUNC477A Am

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 185S/17242EnglishPage 2... In order to contribute to an early, peaceful and durable solution to theproblem of Namibia, the Angolan Government would not oppose theestablishmentof a truce of 30 days after 31 January 1984, if Your Excellency obtains theagreement of SWAP., if the South African Government withdraws its militaryunits from Angolan territory and .solemnly promises to initiate theimplementation, within 15 days after that period, of resolution 435 (1978) onNamibia, without extraneous considerations in that context.*For the setting of the exact date for the proclamation of a cease-firein Namibia between SWAPO and the Government of South Africa, a matter thatinvolves only these two parties, Your Excellency has the mandate from theSecurity Council to proceed with the necessary consultations.4. The President of the South West Africa People's Organization (SWAPO),Mr. Sam Nujoma, addressed a communication to the Secretary-General on5 January 1984 (S/16256, annex). In that communication, the President ofSWAPOsaid that SWAPO had always been agreeable to the immediate signing of a cease-firebetween itself and South Africa. The President of SWAPO stated that SWAPOagreedwith the Angolan proposal for the Secretary-General to initiate consultations withthe two parties concerned to agree on the exact date for a cease-fire in Namibia,in accordance with the provisions of the United Nations plan for Namibia. Hesuggested that the Secretary-General should immediately initiate steps towardsconvening a meeting between SWAPO and South Africa to discuss the finaldetails ofthe cease-fire.5. Following SWAPO's suggestion for cease-fire talks as indicated above, theForeign Minister of South Africa stated on 7 January 1984 that his Governmentwouldnot oppose talks taking place between SWAPO and a delegation headed by the

Administrator-General of South West Africa/Namibia. On 10 January 1984,SWAPOissued a statement in which it said that it hoped the South African announcementthat the Administrator-General would meet SWAPO for direct talks was genuine.It emphasized that, while SWAPO had no intention of interfering in the matter ofthe composition of the South African delegation, its standpoint was that theproposedtalks were welcome and must strictly and solely deal with the issue of thecease-fire.6. In a subsequent statement commenting on the South African offer ofdisengagement of forces, the President of SWAPO, on 29 January 1984, said thathis organization was willing to observe the terms of such an arrangementprovided that,during the'period of troop disengagement, the South African Government agreedtotalk to SWAPO about the overall implementation of the United Nations plan forNamibia as contained in Security Council resolution 435 (1978). SWAPOexpressedthe view that a temporary disengagement alone would not bring a lasting solutiontothe problem of Namibia unless -it was used as a means of attaining the kind ofcease-fire that was envisaged in Security Council resolution 435 (1978).7. In a statement in the South African Parliament on 31 January 1984, PrimeMinister Botha reaffirmed the position of his Government in regard to thedisengagement of its forces in Angola, as communicated to the Secretary-Generalon15 December 1983 (see para. 2), and confirmed South Africa's decision to begindisengaging its forces in Angola with effect from 31 January 1984.I.e.

n.~n~rIr~i W fLJ #IUC AA AEIDIA 9fIhIurl II rAiATI#C rCAITDs/17242EnglishPage 38. On 16 February 1984, the Governments of Angola and South Africa signed anagreement in Lusaka establishing a joint South African/Angolan commission tomonitor the disengagement process in southern Angola and to detect, investigateandreport any alleged violations of-the commitments of the parties.9. It was in the context of these developments that I resumed my consultations inregard to the implementation of Security Council resolution 435 (1978). Myconsultations encompassed discussions with the Permanent Representative ofSouth Africa, the front-line States and SWAPO. I also held consultations with thecurrent Chairman of the Organization of African Unity (OAU), as well as with theSecretary-General ad interim of OAU, and was in touch with others who werefollowing this question closely.

10. In my consultations, I emphasized to all concerned that Security Councilresolution 435 (1978) remained the only basis for a peaceful settlement of theNamibian situation and urged that the Namibian issue be considered a primaryissue in its own right, the solution of which would in itself ease other tensions inthe region and be in the long-term interest of all concerned. I also emphasized thecentral role assigned to the United Nations in regard to all matters pertaining tothe implementation of Security Council resolution 43S (1978). I expressedparticular concern at the inordinate delay in proceeding with the implementationof the United Nations plan and asked all concerned to extend their full co-operation to the Secretary-General in order to facilitate an early settlement.11. In follow-up discussions I had with the president of SWAPO and hiscolleagues, they emphasized that the truce in regard to the disengagement appliedonly to southern Angola and did not extend to Namibia. They expressed the viewthat priority should be given to the question of the cease-fire in Namibia withinthe context of the implementation of Security Council resolution 435 (1978), sothat there would be peace on both sides of the border. To this end, they stated thatSWAPO felt that the Secretary-General should endeavour to convene a meetingbetween SWAPO and South Africa to discuss the cease-fire for theimplementation of Security Council resolution 435 (1978). They also informedme that they had made counter-proposals to meet with South Africa on neutralground for bilateral talks, but that there had been no reply to the SWAPO offerfrom South Africa.12. In my consultations with the Permanent Representative of South Africa,Ambassador von Schirnding, he repeatedly assured me of the willingness of hisGovernment to co-operate in the implementation of Security Council resolution435 (1978), subject to agreement being reached on the question of the withdrawalof Cuban troops from Angola. Ambassador von Schirnding further informed meof recent developments in the region, including in particular the Lusakaagreement, which he said constituted an important and constructive step towardsthe peaceful solution of the problems of the region, including the question of theimplementation of Security Council resolution 43S (1978). He indicated that,subject to the co-operation of all concerned, the disengagement would becompleted at the end of March or early April 1984.13. With respect to SWAPO's suggestion to me to initiate cease-fire talks betweenSWAPOand South Africa for the implementation of Security Council resolutionI...PAGE "186 / /NCOuA . YMM G ru. ,..,,v.,, .-.. ... ,

KCIMInUUF.CU 0 I rl" IV/4MID1P4 .llnWMvIVe. " ,.InJ ....S/17242EnglishPage 4435 (1978), the Permanent Representative of South Africa said that the view ofhis Government was that such a meeting would be premature and in thecircumstances counter-productive. -However, he informed me that South Africa'soffer for SWAPO to

meet with the Administrator-General of Namibia was still open.14. In reply, I reiterated my position that the so-called linkage pre-condition wasunacceptable to me, in the context of Security Council resolution 435 (1978), andthat it had been rejected by the Security Council. I urged his Government to co-operate fully in the implementation of the United Nations plan in order to achievean early settlement in Namibia.15. In my discussions with Ambassador von Schirnding, I stated that it wasimperative that the disengagement process must accelerate the momentum for asettlement in Namibia and be seen to lead to early implementation of SecurityCouncil resolution 435 (1978). To this end, I stressed that the Government ofSouth Africa should, as a matter of urgency, follow up the disengagement processwith a definitive move, which would provide an indication of a time-frame forimplementation.16. On 19 March 1984, the Governments of Cuba and Angola issued a jointdeclaration at Havana, which was communicated to me by their PermanentRepresentative on 19 March 1984 (S/16427). In the joint declaration, theGovernments of Cuba and Angola reiterated that they would reinitiate, by theirown decision and in exercise of their sovereignty, the execution of the gradualwithdrawal of the Cuban military contingent as soon as their requirements, whichwere specified in the declaration were met.17. The Heads of State and Government of the front-line States and the leaders ofliberation movements met at Arusha, United Republic of Tanzania, on 29 April1984. A communiqui issued at the conclusion of the meeting stated that theliberation movements had discussed the understanding reached by Angola andSouth Africa, and had expressed the hope that South Africa would honour itscommitment to withdraw its troops from southern Angola. In this connection, theHeads of State of the front-line States and the leaders of liberation movementsstated that that withdrawal would constitute an opportunity for the immediate andunconditional implementation of Security Council resolution 435 (1978).18. Talks aimed at finding a way of hastening the process of implementingSecurity Council resolution 435 (1978) were held at Lusaka, Zambia, from 11 to13 May 1984. The talks were attended by the delegations of Zambia, theAdministrator-General of Namibia, SWAPO and the Multi-Party Conference(MPC). The talks were co-chaired by President Kaunda of Zambia and theAdministrator-General of Namibia, Mr. W. A. Van Niekerk. Observers of thefront-line States were present at Lusakaat the time of the talks. At the invitation of President Kaunda I sent an official tobe present at Lusaka during that period.19. At the conclusion of the talks, President Kaunda stated that, while the talkshad not succeeded in their main objective, namely a cease-fire and the cessationof hostilities for the implementation of Security Council resolution 435 (1978),they had none the less succeeded in identifying areas of agreement anddisagreement...PA E 1R7

DCDDflflhII~Cfl fly TUC LIAUIRIA I-nUuIwIrhrInAI~ CFAITRE rR~.c insr,.s. -. . . . ..-.....*-. *.... -. -. - -. -- - - --S/17242En;lishPage 5between the parties. He emphasized that it was important that contacts shouldcontinue at various levels among those who had arranged the meeting and to keepthedoors open. He made it clear that the talks were not intended to find an alternativeto resolution 435 (1978), but rather to facilitate the implementation of thatresolution. In a communication addressed to me on 18 May 1984, PresidentKaunda confirmed the outcome of the talks as indicated above.20. Following the Lusaka talks, the President of SWAPO informed me that,notwithstanding his disappointment with the outcome of the Lusaka talks,SWAPO was still prepared to meet with South Africa to discuss the cease-fire forthe implementation of Security Council resolution 435 (1978). He said thatSWAPO was getting increasingly concerned by the delays in completing thedisengagement and the lack of any clear indication of a time-frame for the relatedprocesses envisaged to facilitate the implementation of the United Nations plan.Be rejected South African charges that SWAPO was violating the. truce insouthern Angola, but confirmed that SWAPO was fighting in Namibia where thetruce was not applicable. Mr. Nujoma also confirmed to me that SWAPO rejectedany notion of an interimgovernment in Namibia and emphasized that Security Council resolution 435(1978) remained the only basis for a peaceful settlement in Namibia.21. In subsequent discussions with Ambassador von Schirnding of South Africa, Iexpressed to him my concern in regard to press reports suggesting that SouthAfrica intended to circumvent the United Nations plan for Namibia by opting foran internal settlement in Namibia. I asked him to convey my concern in thisregard to Foreign Minister Botha and requested a clarification of South Africa'sposition on this matter. Ambassador von Schirnding stated that South Africa didnot intend to sidetrack the United Nations in the implementation of SecurityCouncil resolution 435 (1978). He reiterated to me South Africa's willingness toproceed with the implementation of Security Council resolution 435 (1978),provided agreement was reached on the withdrawal of Cuban troops from Angola.He subsequently conveyed to me assurances from Foreign Minister Botha thatthere had been no change in South Africa's policies in this regard.22. Ambassador von Schirnding further informed me that the disengagement ofSouth African forces had proceeded in successive phases to Ngiva, 35 kilometresnorth of the Namibian border, in the second half of April 1984. He said that whileprogress had been made in this regard, there had been subsequent delays incompleting the disengagement owing to technical factors and the situation on theground.23. The Administrator-General of Namibia held discussions with a SWAPOdelegation led by the President of SWAPO, Mr. Sam Nujoma, in Cape Verde on25 July 1984. In a statement issued on 26 July 1984, the Administrator-General

stated that the purpose of the Cape Verde meeting was to convince SWAPO tocease hostilities. He stated that, in the discussions in Cape Verde, he hadronfirmed that, despite the policy differences between SWAPO and South Africaregarding the presence of Cuban forcesin Angola, there was no reason to continue the armed violence. TheAdministratorGeneral -confirmed that he had made it clear to SWAPO that SouthAfrica sought an end to the loss of life and wished to find a formula for acessation of hostilities. He said that SWAPO was, "however, not prepared todepart from its entrenched position that a cease-fire could only be effected underUnited Nations supervision and after implementation of Security Councilresolution 435 (1978). It had not been possible to reach agreement in CapeVerde"."rl DVTLJCA1AA8fR1Arn UNICATIONS CENr^42L 122 -

ItU MIULL e IlI h I T PGE 1%WMcrMUUU~"fA1J-A7ArU U!UfT VmUUIC. ,5/17242EnglishPage 624. In a communication addressed to the Secretary-General on 28 July 1984, thePresident of SWAPO stated that, at the Cape Verde meeting, SWAPO hadproposed that the two delegations agree to request the Secretary-General toinitiate the processof the United Nations plan on the independence of Namibia starting with animmediate cease-fire and cessation of all acts of hostility. He stated that0... The South African delegation rejected our proposal at hand, saying thatit had no mandate to negotiate outside the already stated and restatedposition of its Government, namely, that there can be no discussion of theimplementation of resolution 435 without a firm commitment on the withdrawalof Cuban troops from Angola. It insisted on preconditioning implementation ofresolution 435 to Cuban troops withdrawal as well as pressing for 'cessationof hostile acts' by SWAPO while rejecting implementation of resolution 435 andUnited Nations involvement.25. On 30 August 1984, SWAPO issued a statement on the cessation of armedhostilities in Namibia, which was transmitted to me at the request of the Presidentof SWAPO (S/16725). In that statement, SWAPO reaffirmed its readiness tocease armed struggle in Namibia if South Africa should agree to a specified time-frame, with a fixed date, for the commencement of the implementation of theUnited Nations plan for Namibia as embodied in Security Council resolution 435(1978). The statement emphasized that SWAPO would not agree to a SouthAfrican-supervised and controlled transitional process to Namibia's independence.It stated that SWAPO could not accept the idea of a cessation of hostile acts inNamibia, which South Africa was proposing, in the absence of a firmcommitment by South Africa to a

fixed date for the commencement of the implementation of Security Councilresolution 435 (1978). SWAPO stated that it remained ready, however, for directand constructive contacts with South Africa at the highest level.26. On 6 September 1984, the Permanent Representative of South Africatransmitted to me the text of a press release dated 5 September 1984 containingthe reaction of the South African Minister for Foreign Affairs to the SWAPOstatement on cessation of armed hostilities in Namibia (S/16735). In thatstatement, the Government of South Africa said that the SWAPO statement was"simply a repetition of SWAPO's position, which was in effect that resolution 435(1978) must be implementedwithout an agreement with regard to Cuban withdrawal'. It stated that the questionof Cuban withdrawal was a matter which rested with the Angolan Governmentand which was being discussed with that Government. In the mean time and untila conclusion had been reached on Cuban withdrawal, it said that the Governmentof South Africa would like to see an end to violence in South West Africa. Itfurther stated that there was no reason why violence should not be ended beforere3olution 435 (1978) was implemented.27. In follow-up discussions that I had with the front-line States and SWAPO,they expressed to me their concern at the delays in completing the disengagementof South African forces from southern Angola. They emphasized that they hadexpressed support for the disengagement process, on the clear understanding thatit would facilitate the processes leading to the implementation of the UnitedNations plan.The front-line States and SWAPO expressed disappointment that South Africa'sundertakings in that regard had thus far not yielded any positive results, andindicated that in the circumstances, they would initiate action for the convening ofa Security Council meeting to consider the question of Namibia.PAGE 189...

aroDf~flJlP~ri fly raW AlA UDRIA rnUUIIPJICATIONS CENTREEnglishpage 728. 1 raised these matters with Ambassador von Schirnding of South Africa andurged his Government to expedite action for the completion of the disengagementandto facilitate action in regard to the processes leading to the implementation ofSecurity Council resolution 435 (1978). Concerhing the completion of thedisengagement, Ambassador von Schirnding informed me that the remainingSouth African forces in the border region of Angola/Namibia would be withdrawnas soon as agreement had been reached on a follow-up mechanism to thedisengagement.29. with regard to my call to South Africa to expedite action for theimplementation of the United Nations plan, Ambassador von Schirnding againreiterated that South Africa was committed to Security Council resolution 435

(1978), but added that the withdrawal of Cuban troops from Angola remained anabsolute prerequisite.30. in November 1984, while at Addis Ababa to attend the twentieth summit ofthe Assembly of Heads of State and Government of OAU, I had the opportunityto hold in-depth discussions in regard to the question of Namibia with PresidentNyerere,Chairman of the front-line States and current Chairman of OAU, as well as withother African leaders. I also held consultations with Mr. Sam Nujoaa, President ofSWAPO. They all expressed great concern at the protracted delays in proceedingwith the implementation of the United Nations plan and urged that theinternational community redouble its efforts to ensure the early implementation ofSecurity Council resolution 435 (1978).31. Following bilateral discussions between the Governments of Angola and theUnited States, President dos Santos of Angola addressed a communication to theSecretary-General on 17 November 1984 (5/16838). in that communication heelaborated in detail on the position of his Government in regard to thosediscussions. president dos Santos categorically rejected the so-called linkage pre-condition, and reaffirmed the common position of the Governments of Cuba andAngola as reflected in their joint declaration of March 1984 (see para. 16).President dos Santos further stated that in the course of Angola's talks withrepresentatives of the United States, held at Lusaka on 6 and 7 September 1984,Angola had presented the United States of America with a Platform to beconveyed tothe Government. of South Africa containing five points, the text of which reads asfollows%"1. The completion of the process of withdrawal of South African forces fromthe territory of the people's Republic of Angola and control by FAPLA ofAngola state borders.02. A solemn statement by the Republic of South Africa in which it pledges tohonour and contribute to the implementation of Security Councilresolution 435 (1978) for the independence of Namibia."3. A cease-fire agreement between the Republic of South Africa and the SouthWest Africa people's organization (SWAPO).04. A statement by the Government of the People's Republic of Angolareiterating its decision, in agreement with the Government of Cuba, toproceed with the start of the withdrawal of the Cuban internationalist Contingentonce implementation of resolution 435 (1978) is in progress.DcDDQn"f-rQ Ov THE NAMIB COM UNICATIONS CENrAut INU...hA PP dAA

&R L AAEIDIA ffiA i AIJIfATIAC rMUTDPAE 9S/17242Englishpage 8

N5. The signing, within the parameters of the United Nations SecurityCouncil, which would act as guarantor, of an international agreementbetween the Governments of the people's Republic of Angola, the Republicof South Africa, the Republic of Cuba, and a representative of the SouthWest Africa People's Organization, and in which would be defined the respectiveundertakings for achieving Namibia's independence, and the guarantees for thesecurity and territorial integrity of the People'sRepublic of Angola and a lasting peace in south-west Africa."32. in a letter dated 23 November 1984 (S/16839), Foreign Minister Bothainformed the Secretary-General that South Africa had been able to reach "broadagreement onthe general political. principles' contained in the Angolan proposal conveyed tohis Government by the United States. However, he stated that South Africacontinued to insist on an agreement which should provide for the withdrawal ofCuban forces from Angola, parallel and simultaneous with the reduction of itsown forces in South West Africa/Namibia in terms of resolution 435 (1978).33. Foreign Minister Botha further stated that the South African Governmentsupported the concept of a Security Council resolution which would approve of anagreement on Cuban withdrawal from Angola in conjunction with theimplementation of United Nations Security Council resolution 435 (1978),recognizing the commitments and contributions of all interested parties.34. On 20 December 1984, the Permanent Representative of South Africacommunicated to the Secretary-General the text of a letter dated 6 December1984, addressed by the Secretary of the Multi-Party Conference of South WestAfrica/Namibia to the president of the General Assembly, as well as theannexures thereto (S/16869). Subsequently, it was reported on 25 March 1985that leaders of MPC had called for the establishment of an interim government inNamibia at a meeting withPresident Botha in Cape Town. It was further reported that President Botha hadindicated that he would respond to their proposals in April 1985.35. On 28 March 1985, I met with Ambassador von Schirnding to convey to hisGovernment my serious concern in regard to the implications of the proposal byMPC. At that meeting, I urged the Government of South Africa to desist from anyaction which would contravene the relevant provisions of Security Councilresolutions 435 (1978) and 439 (1978) regarding unilateral measures in Namibiawhich were not recognized by the United Nations. In this connection, I remindedthe Government of South Africa of the pertinent decisions of the Security Councilon this matter. I made it clear that all unilateral measures taken in Namibia incontravention of Security Council resolutions 435 (1978) and 439 (1978) werenull and void and that no recognition would be accorded either by the UnitedNations or by any Member State to any representatives or organs established inthat manner. I asked the Government of South Africa to take into account theconcerns of the international community and its own commitments to the SecurityCouncil in responding to the MPC -proposals.36. In reply, Ambassador von Schirnding informed me that the Government ofSouth Africa had not yet responded to the proposals by MPC and that he would

convey my views on this matter to his Government. He emphasized that there wasno questionI...PAGE 191

flEflftlt.I.EI aV TLr ABIOADA AIA II AIIAIDATIAAIC (7FTrrS/17242EnglishPage 9of South Africa departing from its commitment in regard to Security Councilresolution 435 (1978). He reiterated that SOuth Africa still remained committed toSecurity Council resolution 435 (1978) subject to agreement being reached on thelinkage pre-condition.37. Following my meeting with Ambassador von Schirnding, I conveyed to theGovernments of Canada, France, the Federal Republic of Germany, the UnitedKingdom and the United States of America my concern in regard to developmentsconcerning the establishment of an interim government in Namibia, which wouldbe in conflict with the proposal they had submitted to the Security Council on 10April 1978 (S/12636). They indicated their support for the position I had taken onthis matter.38. On 18 April 1985, the President of South Africa responded to the MPCproposals (S/17152, annex III) . He stated in Parliament that legislative andexecutiveauthorities for South West Africa would be reconstituted which would beempowered to promulgate a Bill of Rights and establish a Constitutional Courtand a Constitutional Council. The Government of South Africa would retain allthose powers in respect of South West Africa/Namibia which were vested in it atthis stage, including foreign relations and defence. He said that%"... while the current negotiations hold any possibility of bringing about thegenuine withdrawal of Cuban forces from Angola, South Africa will regard anydraft constitution produced by the constitutional council as a basis forfuture discussion or as a proposal which could be submitted to the ConstituentAssembly envisaged in the international settlement plan ...39. He stated that South Africa would continue to negotiate with the UnitedNations and the international community on achieving internationally recognizedindependence for South West Africa. He also said that the proposed arrangementin South West Africa/Namibia should accordingly be seen as an interimmechanism for the internal administration of the Territory pending agreement onan internationally acceptable independence for South West Africa.40. Following the statement by President Botha, on 19 April 1983 I met againwith Ambassador von Schirnding and reiterated to him the position of the UnitedNationswith regard to all unilateral measures taken in Namibia in contravention ofSecurity Council resolutions 435 (1978) and 439 (1978). I also issued a statementon the same day, in which I expressed deep dismay that the South AfricanGovernment had decided to proceed in the manner that it had (SG/SM/3684).

41. On 3 May 1985, the President of the Security Council issued a statement onbehalf of members of the Council in regard to the decision of South Africa toestablish an interim government in Namibia (5/17151). In that statement,membersof the Council stated that the decision by the Government of South Africa toestablish a so-called interim government in Namibia was contrary to theexpressed will of the international community and in defiance of United Nationsresolutions and decisions, in particular Security Council resolutions 435 (1978)and439 (1978), which declared that any unilateral measures taken by the illegaladministration in Namibia in contravention of relevant Security CouncilresolutionsI...PAGE I 192 IG#-nL#rWt i rLPEs . gi~arr~ ag~~w

PACE lg3KCRMUUUL&U a r I r IYAMIIw, i 6uaM " W, -- " PAGE....S/17242EnglishPage 10were null and void. Further, members of the Council condemned and rejected anyunilateral action by South Africa leading towards an internal settlement outsideSecurity Council resolution 435 (1978) as unacceptable, and declared theestablishment of the so-called interim government in Namibia to be null and void.They declared that any further measures taken in pursuance of this action wouldbe without effect. They called upon all States Members of the United Nations andthe international community at large to repudiate that action and to refrain fromaccording any recognition to it. Members of the Council called upon South Africato rescind the action taken by it and to co-operate in and facilitate theimplementation of the United Nations plan contained in Security Councilresolution 435 (1978), as called for in Security Council resolution 539 (1983). Ina communication addressed to the Secretary-General on 4 May 1985 (5/17152),the Permanent Representative of South Africa conveyed to the Secretary-Generala copy of a statement by Foreign Minister Botha on 3 may 1985 (S/17152, annexI), in response to the statement of the President of the Security Council on 3 May1985 (S/17151).42. As to the disengagement of South African forces in southern Angola, ForeignMinister Botha issued a statement on 15 April 1985 (S/17101). In that statement,Foreign Minister Botha said that, despite SWAPO's continuing activities, theSouth African Government had given instructions for the disengagement of itsforces in the area in question in southern Angola to commence as soon as possibleand to be completed in the same week.43. On 26 April 1985, Ambassador von Schirnding stated to me that the SouthAfrican Defence Forces had completed their disengagement from the area inquestion

in southern Angola. He subsequently informed me that the mandate of the JointMonitoring Commission had been extended, by mutual consent, to 16 May 1985.44. On 24 May 1985, following reports on the operation of South African militaryreconnaissance teams in Angola, I issued a statement in which I indicated that Iwas very much concerned by such activities (SG/S/3701).Concluding remarks45. As members of the Security Council are aware, in my report to the Council on29 August 1983 (S/15943), I stated that in regard to the implementation ofSecurity Council resolution 435 (1978), virtually all outstanding issues had beenresolvedas far as UNTAG was concerned. However, I also made clear in that report thatthe position of South Africa regarding the issue of the withdrawal of Cuban troopsas a pre-condition for the implementation of resolution 435 (1978) still made itimpossible to launch the United Nations plan. There has been no change in theposition of South Africa in regard to this particular issue. In the prevailingcircumstances, it is with regret that I must report that it has not yet provenpossible to finalize arrangements for the implementation of the United Nationsplan for Namibia.46. The Security Council, in its resolution 539 of 28 October 1983, rejected SouthAfrica insistence on linking the independence of Namibia to irrelevant andextraneous issues as incompatible with Security Council resolution 435 (1978)andI...

PAGE 194 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/17242EnglishPage 11other decisions of the Council and the General Assembly on Namibia. In the sameresolution the Council called upon South Africa to communicate to the Secretary-General its choice of the electoral system, in order to facilitate the immediate andunconditional implementation of the United Nations plan as embodied in SecurityCouncil resolution 435 (1978). I must report to the Council that South Africa hasthus far not given me a definitive response in regard to its choice ofthe electoral system as called for in paragraph 8 of Security Council resolution539 (1983).47. The prevailing difficulties have been compounded and given a new dimensionby the recent decision of South Africa to establish an interim government inNamibia. I consider it most important that the Government of South Africa, in theinterest of the people of Namibia as a whole, as well as in the wider interests ofthe region, should reconsider carefully the implications of its decision, and desistfrom any actions which would contravene the relevant provisions of SecurityCouncil resolutions 435 (1978) and 439 (1978). It is imperative that all concernedrespect the provisions of the United Nations plan, which is bir.ding on the parties,and

remains the only agreed basis for the independence of Namibia.48. It is now nearly seven years since the international community adoptedSecurity Council resolution 435 (1978). Regrettably, implementation of thatresolution continues to elude us for reasons that the Security Council itself hasdescribed as irrelevant and extraneous. I should like to take this opportunity tourge that the Government of South Africa in particular, and all others in a positionto help, make a renewed and determined effort to expedite implementation ofSecurity Council resolution 435 (1978) so that the people of Namibia can exercisetheir inalienable right to self-determination and independence without furtherdelay.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 195UNITED SNATIONSDistr.S Security. Council GENERALS/17242/Corr. 1 10 June 1985ORIGINAL: ENGLISHFURTHER REPORT OF THE SECRETARY-GENERAL CONCERNING THEIMPLEMENTATIONOF SECURITY COUNCIL RESOLUTIONS 435 (1978) AND 439 (1978)CONCERNING THE QUESTION OF NAMIBIA CorrigendumPage 4, paragraph 16, line 3For Representative read RepresentativesPage 4, paragraph 18, line 6For Mr. W. A. Van Niekerk read Dr. W. A. Van Niekerk85-16962 15000 (E)

-J lay WLJ ~a A . A IVaBE3AI iAhIA J tAI C fC8AIUNITEDNATIONSSecurity Council Distr.S/174426 September 1985ORIGINAL: ENGLISHFURTHER REPORT OF THE SECRETARY-GENERAL CONCERNING THEIPLEIONTATION CW SECURITY COUNCIL RESOLUTIONS 435 (1978)AND 439 (1978) CONCERNING THE QUESTION OF IAMISIA1.' The Security Council resumed its consideration of the situation in Namibia atits 2583rd to 2590th, and 2592nd to 2595th meetings held between 10 and 19June 1985.2. At its 2595th meeting on 19 June 1985, the Security Council adoptedresolution 566 (1985), the text of which reads as follows:The Security Council.,Having considered the reports of the Secretary-General (8/16237 and

8/17242).Having heard the statement by the Acting President of the United NationsCouncil for Namibia,Having considered the statement by Dr. Sam Nujoma, President of the SouthWest Africa People's Organization (SWAPO)vCommending the South West Africa People's Organization for itspreparedness to co-operate fully with the United Nations Secretary-General andhis Special Representative, including its expressed readiness to sign andobserve a cease-fire agreement with South Africa. in the implementation of theUnited Nations Plan for Namibia as embodied in Security Council resolution435 (1978).Recalling General Assembly resolutions 1514 (XV) of 14 December 1960 and2145 (XXI) of 27 October 1966.Recalling and reaffirming its resolutions 269 (1969), 276 (1970),301 (1971). 385 (1976), 431 (1978), 432 (1978) , 435 (1978) , 439 (1978).532 (1983) and 539 (1983),85-24329 1452v (E)PA G E 196 ff,' ff WU .ZU Dr * r n © M." , , .vM10, , v , ,., .

REPRODUCEDLBY THE NAMIBIA COMMUNICATIONS CENTREPAGE 197S/17442 EnglishPage 2Recalling the statement of the President of the Security Council(S/17151) of 3 May 1985. on behalf of the Council, which. inter alia, declaredthe establishment of the so-called interim government in Namibia to be nulland void,Gravely concerned at the tension and instability created by the hostilepolicies of the apartheid rigime throughout southern Africa and the mountingthreat to the security of the region and its wider implications forinternational peace and security resulting from that rigime's continued utilizationof Namibia as a springboard for military attacks against anddestabilization of African States in the region,Reaffirming the legal responsibility of the United Nations over Namibiaand the primary responsibility of the Security Council for ensuring theimplementation of its resolutions, in particular resolutions 385 (1976) and 435(1978) which contain the United Nations Plan for Namibian independence,Noting that 1985 marks the fortieth anniversary of the founding of theUnited Nations, as well as the twenty-fifth anniversary of the adoption of theDeclaration on the Granting of Independence to Colonial Countries and Peoples,and expressing grave concern that the question of Namibia has been with theOrganization since its inception and still remains unresolved,Welcoming the emerging and intensified world-wide campaign of people fromall spheres of life against the racist rigime of South Africa in a concertedeffort to bring about an end to the illegal occupation of Namibia and ofapartheid,

1. Condemns South Africa for its continued illegal occupation ofNamibia in flagrant defiance of resolutions of the General Assembly anddecisions of the Security Council of the United Nationsl2. Reaffirms the legitimacy of the struggle of the Namibian peopleagainst the illegal occupation of the racist rigime of South Africa and callsupon all States to increase their moral and material assistance to thems3. Further condemns the racist rigime of South Africa for itsinstallation of a so-called interim government in Windhoek and declares thatthis action, taken even while the Security Council has been in session,constitutes a direct affront to it and a clear defiance of its resolutions,particularly resolutions 435 (1978) and 439 (1978)14. Declares that action to be illegal and null and void and states thatno recognition will be accorded either by the United Nations or any memberState to it or to any representative or organ established in pursuance thereof;5. Demands that the racist rigime of South Africa immediately rescindthe aforementioned illegal and unilateral actionlI...

PAGE 198 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/17442EnglishPage 36. Further condemns South Africa for its obstruction of theimplementation of Security Council resolution 435 (1978) by insisting onconditions contrary to the provisions of the United Nations Plan for theindependence of Namibial7. Rejects once again South Africa's insistence on linking theindependence of Namibia to irrelevant and extraneous issues as incompatible withresolution 435 (1978), other decisions of the Security Council and the resolutionsof the General Assembly on Namibia, including General Assemblyresolution 1514 (XV) of 14 December 196018. Declares once again that the independence of Namibia cannot be heldhostage to the resolution of issues that are alien to Security Councilresolution 435 (1978)19. Reiterates that Security Council resolution 435 (1978), embodyingthe United Nations Plan for the independence of Namibia, is the onlyinternationally accepted basis for a peaceful settlement of the Namibianproblem and demands its immediate and unconditional implementations10. Affirms that the consultations undertaken by the Secretary-Generalpursuant to paragraph 5 of resolution 532 (1983) have confirmed that all theoutstanding issues relevant to Security Council resolution 435 (1978) havebeen resolved, except for the choice of the electoral systems.11. Decides to mandate the Secretary-General to resume immediate contact

with South Africa with a view to obtaining its choice of the electoral system to heused for the election, under United Nations supervision and control, for theConstituent Assembly, in terms of resolution 435 (1978), in order to pavethe way for the adoption by the Security Council of the enabling resolution for theimplementation of the United Nations Independence Plan for Namibia;12. Demands that South Africa co-operate fully with the Security Counciland the Secretary-General in the implementation of the present resolutions13. Strongly warns South Africa that failure to do so would compel the SecurityCouncil to meet forthwith to consider the adoption of appropriate measures underthe United Nations Charter, including Chapter VII, as additional pressure toensure South Africa's compliance with the above-mentioned resolutions;14. Urges Member States of the United Nations that have not done so to considerin the meantime taking appropriate voluntary measures against South Africa,which could include(a) Stopping of new investments and application of disincentives to this end;(b) Re-examination of maritime and aerial relations with South Africa;I...

REPRODU D BYI I IVTEAM IA C,,.U.. MA Ult1 I I ktIUJ Y5W- fn. .S/17242EnglishPage 4435 (1978), the Permanent Representative of South Africa said that the view ofhis Government was that such a meeting would be premature and in thecircumstancescounter-productive. However, he informed me that South Africa's offer forSWAPO to meet with the Administrator-General of Namibia was still open.14. In reply. I reiterated my position that the so-called linkage pre-condition wasunacceptable to me, in the context of Security Council resolution 435 (1978), andthat it had been rejected by the Security Council. I urged his Government to co-operate fully in the implementation of the United Nations plan in order to achievean early settlement in Namibia.15. in my discussions with Ambassador von Schirnding, I stated that it wasimperative that the disengagement process must accelerate the momentum for asettlement in Namibia and be seen to lead to early implementation of SecurityCouncil resolution 435 (1978). To this end, I stressed that the Government ofSouth Africa should, as a matter of urgency, follow up the disengagement processwith a definitive move, which would provide an indication of a time-frame forimplementation.16. On 19 March 1984. the Governments of Cuba and Angola issued a jointdeclaration at Havana, which was communicated to me by their permanentRepresentative on 19 March 1984 (S/16427). In the joint declaration, theGovernments of Cuba and Angola reiterated that they would reinitiate, by theirown decision and in exercise of their sovereignty, the execution of the gradualwithdrawal of the Cuban military contingent as soon as their requirements, whichwere specified in the declaration were met.

17. The Heads of State and Government of the front-line States and the leaders ofliberation movements met at Arusha, United Republic of Tanzania, on 29 April1984. A communiqui issued at the conclusion of the meeting stated that theliberation movements had discussed the understanding reached by Angola andSouth Africa, and had expressed the hope that South Africa would honour itscommitment to withdraw its troops from southern Angola. In this connection, theHeads of State of the front-line States and the leaders of liberation movementsstated that that withdrawal would constitute an opportunity for the immediate andunconditional implementation of Security Council resolution 435 (1978).18. Talks aimed at finding a way of hastening the process of implementingSecurity Council resolution 43S (1978) were held at Lusaka, Zambia, from 11 to13 May 1984. The talks were attended by the delegations of Zambia, theAdministrator-General of Namibia, SWAPO and the Multi-Party Conference(IPC). The talks were co-chaired by President Kaunda of Zambia and theAdministrator-General of Namibia, Mr. W. A. van Niekerk. Observers of thefront-line States were present at Lusaka at the time of the talks. At the invitationof President Kaunds I sent an official to be present at Lusaka during that period.19. At the conclusion of the talks, President Kaunda stated that, while the talkshad not succeeded in their main objective, namely a cease-fire and the cessationof hostilities for the implementation of Security Council resolution 435 (1978),they had none the less succeeded in identifying areas of agreement anddisagreement...PAC.F lqq

PAGE 200 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/17442EnglishPage 5Administrator-General and communicated to the Special Representative as soonas a date for implementation had been set, which would be earlier thanoriginally envisaged in the proposals."8. By paragraph 8 of its resolution 539 (1983) of 20 October 1983, the SecurityCouncil called upon South Africa to co-operate with the Secretary-Generalforthwithand to communicate to him its choice of the electoral system in order to facilitatethe immediate and unconditional implementation of the United Nations planembodied in Security Council resolution 435 (1978). In my report to the SecurityCouncil of 29 December 1983 on the implementation of the above resolution(5/16237), I Informed the Security Council that the Government of South Africahad reaffirmed to me its position in regard to the electoral system as reflected inparagraph 14 of my report of 29 August 1983 (S/15943), but that it had notprovided a definitive response to paragraph 8 of Security Council resolution 539(1983). In the circumstances, I indicated that I was not in a position to report anyfurther progress in my discussions with South Africa.

9. On 6 June 1985 I reported to the Security Council (S/17242) that Oprevailingdifficulties have been further compounded and given a new dimension by therecent decision of South Africa to establish an interim government in Namibia".Despite my call to the South African Government Oto reconsider carefully theimplications of its decision and desist from any action which would contravenethe relevant provision of Security Council resolutions 435 (1978) and 439 (1978),the South African Government went ahead and established the interimgovernment on 17 June 1985. This development raised further serious questionsabout the real intentions of the South African Government in seeking a solution tothe Namibia problem through the implementation of Security Council resolution435 (1978), which it has accepted.10. It was against this background that I resumed my consultations with thePermanent Representative of South Africa on the choice of the electoral system ascalled for in paragraph 11 of Security Council resolution 566 (1985). In myconsultations with Ambassador von Schirnding, he again emphasized that therehad been no change in the position of his Government on the question of itschoice of the electoral system as stated in paragraph 14 of my report of 29 August1983 (S/15943). In this connection, Ambassador Von Schirnding reaffirmed hisGovernment's position that South Africa's choice of the electoral system would becommunicated to the Special Representative as soon as a date for implementationhad been set (see pars. 7 above). Ambassador von Schirnding alio reiterated thatthe position of the South African Government on the linkage pre-conditionremained the same (S/15943. para. 12).11. In my discussions with Ambassador von Schirnding, I have urged theGovernment of South Africa to reconsider its position and to communicate to meits choice of the electoral system as a matter of urgency in order to facilitate theimplementation of the United Nations plan. Thus far the Government of SouthAfrica has continued to maintain its position as indicated earlier and has not givenme the definitive response called for in paragraph 11 of Security Councilresolution 566 (1985).I...

DAt F ZfllREPRODUCED BY THE NAMIBIA COMMUN IUIV LIV I RE.......S/17442Englishpage 6Concluding remarks12. In the circumstances, I must once again report to the Security Council thatthere has been no progress in my recent discussions with the Government ofSouth Africa concerning the implementation of Security Council resolution 435(1978). 1 cannot let this occasion pass without reiterating my appeal to the SouthAfricanGovernment to heed the unanimous call of the international community toproceed forthwith with the implementation of that resolution. The continuing

delay undermines the credibility of the South African Government at a time whenthe world is watching with growing concern the increasingly tragic developmentsoccurring in the area.13. The international community has an inescapable responsibility to make theprocess of implementing Security Council resolution 435 (1978) move forward.Thefailure to proceed on Namibia is affecting the reactions of the internationalcommunity to other grave developments in the region. In my view, this would bethe time for the Government of South Africa to display the statesmanship andwisdom that is required in the situation and to provide the opportunity for thepeople of Namibia to exercise their inalienable right to self-determination andindependence in accordance with the relevant decisions of the Security Council.The continuation of the present impasse does not serve the interest of any party.

PAGE 202 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRESUNITED NATIONSI should be grateful if this letter and its document of the Security Council.annexures could be circulated as a(Siqned)K. R. S. von SCHIRNDINGI...85-32298 2235h (E)f u Security CouncilDistr._____GENERAL S/1762712 November 1985ORIGINAL: ENGLISHLETTER DATED 12 NOVEMBER 1985 FROM THE PERMANENTREPRESENTATIVE OF SOUTHAFRICA TO THE UNITED NATIONS ADDRESSED TO THE SECRETARY-GENERALI have the honour to enclose the text of a letter which the South African Ministerof Foreign Affairs, the Honourable R. F. Botha, has addressed to Your Excellencyon 12 November 1985.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 203S/17627 EnglisnPage 2AnnexLetter dated 12 November 1985 from the Minister of Foreign Affairs of SouthAfrica addressed to the Secretary-GeneralI wish to inform Your Excellency that there has been a new development withregard to the choice of the electoral system for the election contemplated in terms

of United Nations Security Council resolution 435 (1978).At a cabinet meeting on 6 November 198S the Government of National Unity inWindhoek decided inter alia to call on the South African Government to selectfromthe options now available, a system of proportional representation as a frameworkfor elections leading to the independence of South West Africa.As Your Excellency is aware, South Africa has consistently consulted theleaders of South West Africa on matters affecting the future of the territory andhas boeen guided by their wishes. The South African Government accordingly hasnoobjection to the reauest of the Government of National Unity. Agreement willhave to be reached on how the system of proportional representation will beimplementedin practice.I attach for Your Excellency's information a copy of the statement issued bythe Government of National Unity in this regard.I should appreciate it if this letter and its annexure could he circulated asa document of the Security Council.R. F. BOTHAMinister of Foreign AffairsI...

PAGE 204 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/17627EnglishPage 3EnclosureStatement by the Cabinet of the transitional Government ofNational Unity. Windhoek, Namibia, 12 November 1985The Cabinet has carefully studied the report of the Secretary-General of theUnited Nations to the Security Council, concerning the implementation ofSecurity Council resolutions 435 (1978) and 439 (1978). We share the concern ofthe Security Council, expressed in its resolution 566 (1985), that the fortiethanniversary of the United Nations and the twenty-fifth anniversary of the adoptionof the Declaration on the Granting of Independence to Colonial Countries andPeoples have passed without resolution of the long simmering dispute regardingthe independence of our country. The achievement of peaceful independence forNamibia is of greater importance to the people of this country than it is to anyoraan of the United Nations.The Security Council, however, hampers rather than promotes the achievement ofindependence in South West Africa by attacking and dismissing as "null andvoid" the transitional Government of National Unity, while commending theSouth West Africa People's Organization for its endeavours. The transitionalGovernment is committed to the achievement of peace and nationalreconciliation, believing that it is only through the realization of these conditions

that the goal of meaningful independence can be reached. We have stretched outthe hand of co-operation to the South West Africa People's Organization(SWAPO) on numerous occasions both before and after the inauguration of theGovernment, only to have it rejected repeatedly. The South West Africa People'sOrganization has reiterated its commitment to what it describes as the "armedstruggle" and has expanded its activities into the field of urban terrorism andthreats of assassination directed not against South African security forces, butNamibian civilians including members of this Cabinet.We continue to believe, however, that our road is the correct one and inviteSWAPO yet again to join us in achieving national reconciliation, peace andindependence for all our people.Both the Security Council and the Secretary-General have expressed concernthat the South African Government has not yet indicated which of the twoelectoral systems for which provision is made in the Western settlement proposal,namely proportional representation or the single member constituency system,should be applied in elections leading to an internationally recognized settlement.We have serious reservations about the fact that the United Nations apparentlybelieves that it is appropriate that South Africa, rather than the people of thiscountry, should exercise this choice. It is precisely this approach to the Namibianindependence issue - the assumption that the inhabitants of South West Africawill simply have to accept whatever the Governments of other countries or theUnited Nations may decide - which we find most unacceptable about the presentefforts of the international community to secure Namibia's independence.This issue of an electoral system is, however, one which is, in our opinion, easilyresolved. The South West Africa People's Organization has apparently indicatedthat it has no objection to either of the two systems. Neither, given the choicebetween the two systems advocated by the five nations of the WesternI...

REPRODUCD M Y IVI IVII LAvUMwUIuaI-41 IVJ L.£ I h"l IngS/17627EnglishPage 4contact group, do the parties represented in the transitional Government ofNational Unity have a preference for either one of the two. In the interests ofeconomy, however - the cost of organizing and administering an election on thebasis of proportional representation being substantially less than arranging one ona constituency basis - and of restricting the debate about the modalities ofindependence at this stage to matters of more immediate interest, the Cabinet ofthe transitional Government calls on the South African Government to select,from the options now available, a system of proportional representation as aframework for elections leading to the independence of South West Africa.The Cabinet wishes to make it abundantly clear, however, and to place it onrecord, that it remains wholly dissatisfied with the present posture of the unitedNations on the issue of impartiality as between the parties who will take part inelections under international supervision. We do not accept the General

Assembly's ridiculous and insulting designation of the South West Africa People'sOrganization as the Nsole and authentic representative of the Namibian people"we object strenuously to SWAPO's *Permanent Observer* status at the UnitedNations; to the extensive financial, administrative and propaganda assistancerendered to that party by the United Nations Secretariat; and to the SecurityCouncil's custom of permitting the South West Africa People's Organization toaddress it on the Namibian auestion while denying the same right to other parties.There is no question of our accepting United Nations supervision of independenceelections until this wholly inequitable state of affairs has been rectified.We have made these points repeatedly, but have seen no constructive stepstaken by the organs of the United Nations to rectify the situation. At the Namibiaindependence talks in Lusaka, in May 1984, Nis Excellency, President KennethDavid Kaunda, generously undertook that the Zambian Government wouldconvey our concerns to the Security Council, while assuring us that it had beenagreed that the matter would be resolved, but SWAPO's refusal to sign the finaldraft of the joint communqui presumably prevented any such communicationtaking place.The National Assembly of the Government of National Unity resolved, in amotion adopted unanimously on 19 June 1985, to reauest the Security Councilformally to permit a representative of the transitional Government to address theCouncil during its then-current debate on the independence of South West Africa.Inasmuch as the Security Council will be meeting again soon to consider thereport of the Secretary-General, dated 6 September 1985, the Cabinet nowformally wishes to reauest that representatives of the parties constituting thetransitional Government be permitted to address the Council on this occasion.Such a step, indicating willingness on the part of the Council to pay attention tothe views of a very large number of the people of this country and to begin tocorrect the indefensible bias manifest within the United Nations in support ofSWAPO. would make a most important contribution to advancing the prospect ofpeaceful independence for Namibia.We are making this statement available to the Secretary-General of the UnitedNations, the President of the Security Council, and the heads of Government ofthe nations of the Western contact group and the Republic of South Africa, aswell as a number of other African nations with an interest in the resolution of thiscuestion. We trust that it will enjoy their early attention and serious consideration.pAC.F 20

uEflDf~flI ,1rr, DV TLIC AlA LIWIA rAaaURlPJIf'ATIflhtK C~AITRPUNITED NATIONS SECURITY COUNCILDOCUENT 5/17658Letter dated 26 November 1985 from the Secretary-General to theMinister of Foreign Affairs of South Africa[Original: En8ish][29 November 1985]I wish to acknowledge receipt of your letter of 12

November 1985 [S/176271 concerning South Africa's choice of the electoralsystem in terms of Security Council resolution 435 (1978).As you are aware, in paragraph 8 of my report to theSecurity Council of 19 May 1983 [S/157761, I outlined the position regarding thechoice of the electoral systemas follows:"As regards the electoral system to be employed inelecting the Constituent Assembly. it was agreed that it would be based on eitherproportional representation or single-member constituencies. I was also assuredthat all the parties were agreed that this issue must be settled in accordance withthe terms of resolution 435 (1978) and that the issue must not cause delay in theimplementation of that resolution. The front-line States and SWAPO emphasizedthe view that agreement should be secured on the electoral system prior toimplementation of resolution 435 (1978)."Following recent consultations, I wish to confirm toyou that agreement has been reached on the system of proportional representationfor the elections envisaged in Security Council resolution 435 (197R). Inaccordance with the settlement proposal [S/12636 of 10 April 1978), and asprovided for in resolution 435 (1978), follow-up action as to how the system ofproportional representation will work in practice will be elaborated by my SpecialRepresentative and the Administrator-General. in the context of their respectivefunctions, once the implementation of the United Nations plan has commenced.With agreement having been reached on the choice ofthe electoral system, all outstanding issues relevant to the United Nations plan forNamibia have now been resolved. I need hardly recall, in this connection, that theSecurity Council itself has, on more than one occasion, rejected the linking of theindependence of Namibia to irrelevant and extraneous issues as incompatible withresolution 435 (1978).I therefore feel it my duty to propose to you that wenow proceed to establish the earliest possible date for a cease-fire and theimplementation of the Security Councilresolution.In view of the circulation of your letter as a documentof the Security Council, I am having this letter circulatedin the same manner.(Signed) Javier PEz DE CUtLLAR Secretary-GeneralnCn0^n"d11 OV YLIC AIAMR rn UNICATIONS PAGE 205

REPRODUCED BY TH NAM~PJIVIO/ wLLJWIIUJUVSecurity CouncilDistr. GENERALS/178923 March 1986ORIGINAL: ENGLISHLETTER DATED 3 MARCH 1986 FROM THE PERMANENTREPRESENTATIVE

OF SOUTH AFRICA TO THE UNITED NATIONS ADDRESSED TO THESECRETARY-GENERALI have the honour to enclose the text of a letter which the South African Ministerof Foreign Affairs, the Honourable R. F. Botha, has addressed to Your Excellencyon 3 March 1986.I should be grateful if this letter and the document of the Security Council.66-06223 1582p (E)annexure could be circulated as a (Signed) K. R. S. von SCHIRNDING°I.UNITED NATIONSz.. .., A. . . a:ll*I ||IIII 'AC# IDPAGE 207

~fl~I~II~f D%~ VLW AlA ~~flBlA ,f~,.RAhIIUIfATIAAI~ C~AITR~PA G E 2 U nUrn ',a uu Mu B ,, , n ,.. R,.,,-A TI..S C ..S/17892EnglishPage 2AnnexLETTER DATED 3 MARCH 1986 FROM THE MINISTER FOR FOREIGNAFFAIRSOF SOUTH AFRICA ADDRESSED TO THE SECRETARY-GENERALI wish to acknowledge receipt of your letter dated 26 November 1985 in whichyou respond to the decision regarding the electoral system to be used in SouthWest Africa/Namibia for elections envisaged in terms of United Nations SecurityCouncil resolution 435 (1978). I have noted that you confirm that agreement hasbeen reached on the system of proportional representation and I accept that allparties, including SWAPO, have indicated their full agreement with this system.The South African Government is concerned at the apparent lack ofunderstanding on the part of so many Governments of the issues involved insouthern Africa at this time. Surely they must be in a position to make a realisticassessment of the Soviet Union's designs in southern Africa. I trust that thedemocratic Governments of the world will take a wider and more balanced viewof what is happening in southern Africa.The situation in Angola gives rise for serious concern. A massive Cubanexpeditionary force is, after ten years, still inside that country to sustain theGovernment in Luanda against the wishes of the people. They are there incontravention of the Alvor Agreement. The Government in Luanda is beingconstantly supplied with new and increasingly more sophisticated weapons by theSoviet Union. Over the past two years the Soviet Union has injected at least $US2 billion in military equipment into Angola. There is evidence that the numbers ofCuban troops are being increased and that Soviet involvement through tacticaland other advisors is growing. Moreover, it is expected that a major newoffensive, on a larger scale than the offensive of late last year, is being preparedagainst UNITA's headquarters at Jamba and that it will commence in May/June ofthis year.

The turn of events in Angola is a matt'r of great importance for the future of thesub-continent as a whole. There are alternatives available to the leadership inLuanda if they really desire peace. South Africa cannot be held responsible for t6ecivil war which is raging in that country. Surely the international community mustknow that UNITA has been fighting for freedom in Angola for more than 20years. The international community also ought to know that the South AfricanGovernment complied in good faith with the Lusaka Agreement of 16 February1984, despite the Angolan Government's inability to contain SWAPO's incursionsacross the Namibian border.By pursuing the military option, the MPLA is progressively impoverishing theland and its people. The struggle ultimately is between those who wish to live inpeace and who seek progress and those who wish to impose their will andideology on an unwilling majority. What is required in Angola is reconciliation.This is not an unattainable goal.The strategy which the Soviet Union is following in Angola can no longer be indoubt. They require a subjugated Angola to extend their influence along the westcoast of Africa, south and north of Angola. If the Soviet Union succeeds in its

DAtP 7fl0REPRODUCED BY THE NAMIA LLMMUNIW.A I IUNV t.NIV I RES/17892EnglishPage 3aims in Angola, no country in southern Africa will be safe from Sovietencroachment. The leaders of the countries immediately north of Angola aredeeply concerned about this threat. Urgent action is required to ward off thisthreat.None the less as regards South West Africa/Namibia, in a sincere endeavour tofacilitate the establishment of peace and stability in the region, the South AfricanState President intends to make the following statement before a joint sitting ofthe South African Parliament to be convened on 4 March 1986:"just about eight years ago, the United Nations Security Council adoptedresolution 435 which was intended to provide a definite programme for theindepdndence of South West Africa/Namibia. Those who know the history of thismatter know that the fact that the Territory has not yet attained independencecannot be laid at South Africa's door. The last remaining obstacle to theimplementation of the International Settlement Plan is the continuing threatposed to South West Africa/Namibia and to our region by the presence of theCubans in Angola. Despite the progress which has been made in bilateraldiscussions since October 1984, when Angola agreed in principle to thewithdrawal of the Cubans in conjunction with the implementation of theSettlement Plan, the Angolan Government has yet to agree to a satisfactorytimetable for Cuban withdrawal. The people of South West Africa/Namibia havewaited long enough for independence. In a serious attempt to facilitate aresolution of this difficult problem, I propose that 1 August 1986 be set as the datefor commencement of implementation of the Settlement Plan based on United

Nations Security Council resolution 435 (1978), provided a firm and satisfactoryagreement can be reached before that date on the withdrawal ofthe Cubans".I trust that you will find it possible to support this statement publicly as asignificant attempt to attain a peaceful resolution of the Namibia/Angolanimbroglio.The South African State President also intends to announce the early lifting of thestate of emergency in those districts of South Africa where it is still in operation.At the same time he will also make a further appeal to all the leaders o the countryto come to the conference table to discuss a new constitutional order for SouthAfrica. The South African Government trusts that you will support this appealclearly and unambigdously.If the proponents of violence should take advantage of the lifting of the state ofemergency and continue their acts of lawlessness and violence, then clearly theSouth African Government will have to take appropriate steps to protect the livesand property of its citizens even if it means declaring a state of emergency onceagain in the areas affected.In addition, the South African Government intends to introduce legislation, in linewith legislation elsewhere in the world, to deal with situations of unrest withoutdeclaring a state of emergency.R. F. BOTHA

PAGE 210 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREuNITED SNATIONSSecurity Council Distr.GENERALS/1815012 June 1986ORIGINAL: ENGLISHLETTER DATED 12 JUNE 1986 FROM THE SECRETARY-GENERALADDRESSED TO THE MINISTER FOR FOREIGN AFFAIRS OF SOUTHAFRICAI have given careful thought to your letter of 3 March 1986 (S/17892), inwhich you conveyed to me in advance the statement on Namibia made by StatePresident Botha in the South African Parliament on 4 March 1986. In thatstatementit was proposed that 1 August 1986 be set as the date for the commencement ofimplementation of the Settlement Plan based on United Nations Security Councilresolution 435 (1978), provided that a firm and satisfactory agreement could bereached before that date on the withdrawl of Cuban forces from Angola.Your Excellency will recall that in my letter of 26 November 1985 (S/17658), Iproposed to the Government of South Africa that we should establish the earliestpossible date for a cease-fire and the implementation of Security Councilresolution 435 (1978). In making that proposal, I emphasized that, following the

agreement reached last November on the electoral system, all outstanding issuesrelevant to the United Nations plan for Namibia had been resolved. I alsoindicated that I could not accept any linkage between independence for Namibiaandthe presence of Cuban troops in Angola. Such linkage has been rejected by theSecurity Council as being incompatible with its resolution 435 (1978).Accordingly, I wish to assure the Government of South Africa that I am ready,subject to the co-operation of all concerned, to begin the implementation of theUnited Nations plan on 1 August 1986, without pre-conditions.I should point out that President dos Santos of Angola, in his letter to me of13 March 1986 (S/17931), has also made clear his Government's position on thematters raised in your letter of 3 March. He has since reiterated to me hisGovernment's categorical rejection of linkage and reaffirmed Angola'scommitment to its Platform of September 1984 (S/16838), and the subsequentadditions thereto, asa basis for a comprehensive agreement which would ensure independence forNamibiaand peace and security in the region.I should like to add that the Front-line States and SAPO have conveyed to metheir support for Angola's position, have reaffirmed their support for my effortsand have urged that Security Council resolution 435 (1978) be implementedwithout86-16446 2054g (E) /'."

fl SE l AIDIA -^"1E~ IIAIIOAn^I'Af~ IVTRV A E 1(CrMUMV.CLI ox Ya Iv ,vIuE I ..nnnn.,S/18150EnglishPage 2delay. The President of SWAPO, Mr. Sam Nujoma, has also reaffirmed to meSWAPO's readiness to proceed to a cease-fire with South Africa in order tocommence the implementation of Security Council resolution 435 (1978) on 1August 1986.Taking all these factors into account, I would urge that all concerned now actdecisively, within the terms of the relevant decisions of the Security Council, inorder to commence the implementation of the United Nations plan for Namibia onthe target date of 1 August 1986. May I take this opportunity to express the hopethat I can count on the co-operation and support of your Government in finalizingthe necessary arrangements for the independence of Namibia, as stipulated in thatplan.(Signed) Javier PEREZ de CUELLARPAGE 211

-r TL" AMA IAI ' J-n " IAJJI'ATnAlC 9"AITPUNITED SNATIONS

SSecurlty CouncilDistr.GENERALS/1876731 March 1987ORIGINAL: ENGLISHFURTHER REPORT OF THE SECRETARY-GENERAL CONCERNING THEIMPLEMENTATION OF SECURITY COUNCIL RESOLUTIONS 435 (1978)AND 439 (1978) CONCERNING THE QUESTION OF NAMIBIA1. On 6 September 1985, I submitted to the Security Council my report(S/17442) pursuant to paragraph 15 of its resolution 566 (1985) concerning thequestion of Namibia. The present report is intended to provide the Council withan account of developments since then concerning the implementation of itsresolutions 435 (1978) and 439 (1978) on the same question.2. Members of the Security Council will recall that in paragraph 11 of itsresolution 566 (1985) of 19 June 1985, the Council decided to mandate theSecretary-General to resume immediate contact with South Africa with a view toobtaining its choice of the electoral system to be used for the election, underUnited Nations supervision and control, for the Constituent Assembly, in terms ofCouncil resolution 435 (1978). This was to pave the way for the adoption by theCouncil of the enabling resolution for the implementation of the United Nationsplan for Namibia.3. Accordingly, I resumed my consultations with the Permanent Representativeof South Africa to the United Nations on the choice of the electoral system. In mydiscussions with Ambassador von Schirnding, I continued to urge theGovernment of South Africa to reconsider its position on this issue and tocommunicate to me its choice of the electoral system as a matter of urgency inorder to facilitate the implementation of the United Nations plan.4. In a letter addressed to me on 12 November 1985 (S/17627, annex), ForeignMinister R. F. Botha indicated that the Government of South Africa had noobjection to a system of proportional representation as a framework for theelections contemplated in terms of Security Council resolution 435 (1978). Hefurther stated that agreement would have to be reached on how the system ofproportional representation would be implemented in practice.5. The Security Council resumed its consideration of the situation in Namibia atits 2624th to 2626th, 2628th and 2629th meetings, between 13 and 15 November1985. A draft resolution on the question was not adopted owing to the negativevote of a permanent member of the Council.87-08107 2850h (E) /'."PAGE 212 nCA-nW1JW%.r D F

.*UU- v..*II- V l . IAIIPA TII AIC ,nv AFYDC PACE 213S/18767EnglishPage 2

6. Following consultations with representatives of the front-line States and withthe South West Africa People's Organization (SWAPO), I replied to ForeignMinister Botha's letter on 26 November 1985 (S/17658). I confirmed thatagreement had been reached on the system of proportional representation for theelections envisaged in Security Council resolution 435 (1978). I explained that, inaccordance with the settlement proposal (S/12636), and as provided for in Councilresolution 435 (1978), follow-up action as to how the system of proportionalrepresentation would work in practice would be elaborated by my SpecialRepresentative and the Administrator-General, in the context of their respectivefunctions, once the implementation of the United Nations plan had commenced.7. I emphasized in my letter to Foreign Minister Botha that with agreementhaving been reached on the choice of the electoral system, all outstanding issuesrelevant to the United Nations plan for Namibia had been resolved. In thisconnection, I recalled that the Security Council itself had, on more than oneoccasion, rejected the linking of the independence of Namibia to irrelevant andextraneous issues as incompatible with Council resolution 435 (1978). I thereforeproposed to him that we proceed to establish the earliest possible date for a cease-fire and the implementation of the resolution.8. President dos Santos of Angola was kept informed of these developments. 'Ialso maintained contact with President Kaunda of Zambia, in his capacity asChairman of the front-line States, to keep him informed of the progress of myendeavours. The representatives of the front-line States and SWAPO in New Yorkexpressed support for my efforts and called for a concerted effort to proceed to theimplementation of Security Council resolution 435 (1978). They stressed, inparticular, the significance of the common positions adopted on the politicalsituation in southern Africa by the foreign ministers of the front-line States andthose of the States members of the European Community at their meeting atLusaka on3 and 4 February 1986 (see A/41/154-5/17809, annex). In their joint communiqui,the ministers had condemned South Africa's continuing illegal occupation ofNamibia and the stalemate in efforts aimed at securing its independence withinthe framework of the United Nations plan. They reaffirmed the centrality andrelevance of Council resolution 435 (1978), which represented the only validbasis for a peaceful solution of the question of the independence of Namibia. Theministers called for the implementation of Council resolution 435 (1978) withoutfurther delay, and rejected attempts to delay Namibia's independence by linking itto the withdrawal of Cuban troops from Angola. Further, they considered as nulland void the so-called interim administration in Namibia, which was set upcontrary to Council resolution 435 (1978), and appealed to all countries to desistfrom giving it any form of assistance.9. In a communication addressed to me on 22 February 1986, Mr. Sam Nujoma,the President of SWAPO, also emphasized that following the agreement reachedon the electoral system, all outstanding issues relevant to the United Nations planhad been resolved. He suggested, therefore, that I initiate contacts with theGovernment of South Africa to press for a cease-fire and the overallimplementation of Security Council resolution 435 (1978) without further delay.

I...PA I= 21

UCODflF~I ,rrr~ DV TU~ AlA AAIRIA rflUAdIl1JlrATIflAI~ CFMTRFS/18767EnglishPage 310. On 3 March 1986, I received a communication from Foreign Minister 3otharin which he conveyed to me in advance a statement that was to be made on 4March 1986, by the South African State President, before a joint sitting of theSouth African parliament (S/17892, annex). In that statement, the Government ofSouth Africa proposed that 1 August 1986 be set as the date for commencementof implementation of the settlement plan based on Security Council resolution435 (1978), provided that a firm and satisfactory agreement could be reachedbefore that date on the withdrawal of the Cuban troops from Angola.11. On 5 March 1986, I issued a statement on the State President's announcement,making clear that I was ready to commence implementation of Security Councilresolution 435 (1978) on 1 August 1986 without pre-condition. I stated that whilethe South African suggestion of a specific date for the commencement ofimplementation constituted an important development, which I welcomed, I notedthat it was linked to an issue that the Council and I considered extraneous to theNamibian question. In this connection, I again emphasized that the question ofNamibia should be regarded as a primary issue in its own right. I expressed thehope that regardless of the difficulties that the situation contained, all partiesinvolved in the effort to bring about a lasting peace to the area would make amajor attempt that would facilitate the exercise of self-determination by thepeople of Namibia through the implementation of Council resolution 435 (1978),and would also deal in an appropriate manner with the legitimate securityconcerns of the Government of Angola.12. On 15 March 1986, in Stockholm, I met President Kaunda, as well as thePresident of SWAPO, to discuss developments pertaining to the question ofNamibia. I held consultations on the same day with Mr. Afonso Van Dunem, theForeign Minister of Angola, who delivered to me a letter dated 13 March 1986,from President dos Santos (S/17931, annex). I reiterated my position on the SouthAfrican proposal of 4 March 1986 (see para. 11) and reaffirmed my readiness tocommence the implementation of Security Council resolution 435 (1978) on IAugust 1986, without pre-conditions. I indicated that I intended to hold furtherconsultations with all concerned. It was agreed that Mr. artti Ahtisaari, my SpecialRepresentative for Namibia, should undertake a mission to Angola and Zambiafor detailed discussions aimed at facilitating the implementation of Councilresolution 435 (1978).13. In his communication addressed to me on 13 March 1986 (S/17931, annex),President dos Santos made clear his Government's position on the South Africanproposal of 4 March 1986. He stated that a mere abstract indication of a date tomark the implementation of Security Council kesolution 435 (1978) could not beconsidered sufficient, 'as in itself it does not provide an indication of the sequence

of complementary steps'. Furthermore, President dos Santos stated that it wasconditional on a prior agreement being reached on the withdrawal of Cuban forcesfrom Angola, in contradiction to the Mindelo Act signed between the UnitedStates and Angola. In rejecting the linkage pre-condition, President dos Santosstated that the Government of Angola had submitted a package of concreteproposals, which were included in its platform and complementary text,forwarded to me in November 1984 (S/16838). He stated that those documentshad set forth the measures to be adopted Ofor the gradual withdrawal of theinternationalist Cuban forces* inI 'A II" d[14 n Dr n "4v .1 DV LC1,k1 ~ n UN, ,IC ........ .........

urnn ~rnOV IC AlA lDl 1Ar%"I AA TmAJJr fPJTRE .AE.1s/18767EnglishPage 4accordance with the Mindelo Act. in conclusion, President dos Santos indicatedthat, in the context of the United Nations, the Secretary-General had theresponsibility of conducting negotiations for the speedy implementation ofCouncil resolution 435 (1978) leading to the independence of Namibia andsecurity and peace in that region. Accordingly, he requested me to undertake allnecessary measures towards those ends.14. Mr. Ahtisaari visited Luanda and Lusaka at the end of March and in earlyApril 1986 for follow-up discussions to my meetings in Stockholm. He undertooka second visit to the two capitals in May 1986 for further exchanges of views.During those visits, he held discussions in Luanda with President dos Santos aswell as with the President of SWAPO, and while in Lusaka he was received byPresident Kaunda. in these discussions, all expressed support for my efforts,reiterated their rejection of the linkage pre-condition and called for theimplementation of Security Council resolution 435 (1978) on the target date of 1August 1986, without pre-conditions. President Kaunda stated that he wouldconvene a summit meeting of the front-line States to discuss the South Africanproposal of 4 March 1986, and that he would recommend that his colleaguesassist me in my endeavours. He emphasized the need for the front-line States andme to continue to remain in close contact on developments.15. A summit meeting of heads of State and Government of the front-line Statestook place at Luanda on 8 April 1986. The President of SWAPO was present atthe meeting. The meeting expressed its total solidarity with and unequivocalsupport for the Government of Angola. In relation to Namibia, the meetingdeplored the continued stalemate. While taking note of South Africa's proposeddate of1 August 1986, the leaders reiterated their rejection of the concept of linking theindependence of Namibia to the withdrawal of Cuban forces from Angola. Theyalso reaffirmed their support for my efforts and urged me to begin theimplementation of Security Council resolution 435 (1978) without further delay.16. On 30 May 1986, I met in New York with the foreign ministers of the front-line States and Nigeria, together with the representative of SWAPO, to exchange

views and to keep them informed of the progress of my endeavours. I alsoinformed Ambassador von Schirnding of the reactions of Angola, the front-lineStates and SWAPO, to the South African proposal. I made it known to all that Iwould continue with my consultations and that, subject to the progress of thenegotiations, I intended to reply formally to the South African proposal aroundmid-June 1986.17. In my reply of 12 June 1986 (S/18150) to Foreign Minister Botha's letter of3 March 1986 (S/17892), I assured the Government of South Africa that I wasready. subject to the co-operation of all concerned, to begin the implementation ofthe United Nations plan on 1 August 1986, without pre-conditions. I stated thatPresident dos Santos had reiterated to me the Angolan Government's categoricalrejection of linkage and had reaffirmed Angola's commitment to its platform ofSeptember 1984 (S/16838), and the subsequent additions thereto, which, he said,provided the basis for a comprehensive agreement that would ensureindependence for Namibia and peace and security in the region. My letter went onto say that the front-line States and SWAPO had conveyed to me their support forAngola's position, and that they had urged that Security Council resolution 435(1978) be implementedI...PAGE 215

PAGE 216 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/18767EnglishPage 5without delay. I also stated that the President of SWAPO had reaffirmed thereadiness of SWAPO to proceed to a cease-fire with South Africa so that theimplementation of Council resolution 435 (1978) could commence on 1 August1986.16. Taking these factors into account, I impressed on Foreign Minister Botha theneed for all concerned to act decisively, within the terms of the relevantdecisions of the Security Council, in order to commence the implementation ofthe united Nations plan for Namibia on the target date of 1 August 1986. Iexpressed the hope that the co-operation and support of South Africa could berelied on in finalizing the necessary arrangements for the independence ofNamibia as stipulated in that plan.19. ' had the opportunity of again meting with the President of SWAPO at Viennaon 7 July 1986 during the International Conference for the ImmediateIndependence of Namibia. He reiterated to me once again the readiness ofSWAPO to proceed to a cease-fire with South Africa for the implementation ofthe United Nations plan for Namibia. He urged that further initiatives beundertaken in order to obtain South African agreement to proceed withimplementation of that plan.20. In a communication addressed to me on 28 July 1986 (S/18241, annex),Foreign Minister Botha stated that the presence of Cuban troops in Angola

constituted a serious threat to the safety of Namibia, making free and fairelections impossible. In regard to his Government's announcement of 4 March1986, he indicated that the question of Cuban troop withdrawal had remainedunresolved. He said that South Africa had hoped that by its announcement of 4March 1986,1 August 1986 would be set as the date for the commencement of theimplementation of the settlement plan based on Security Council resolution 435(1978), provided a firm and satisfactory agreement could be reached before thatdate on the withdrawal of the Cubans from Angola, which would further enhancethe opportunity to establish dialogue on this question. He added that South Africaregretted that the Government of Angola had not addressed that issue realistically,in order to advance the prospects of peace. However, he stated that South Africaremained prepared to enter into discussions at any time in order to try to resolvethe question of Cuban troop withdrawal. In this connection, he said that he wouldlike to associate himself with the appeal issued by the Secretary-General in hisletter of 12 June 1986, that all concerned should now act decisively in order tocommence the implementation of the United Nations plan for Namibia.21. In the circumstances, it was not possible to proceed to the implementation ofthe United Nations plan ot. the target date of 1 August 1986.22. In discussions conducted with President dos Santos on my behalf by seniormembers of my staff, the President reiterated the willingness of Angola tofacilitate a negotiated settlement in accordance with its platform (see paras. 13and 17). However, he emphasized that South Africa had continued to jeopardizethe peace process by its persistent cross-border attacks against Angola. For mypart, I have repeatedly urged South Africa to desist from such attacks, which onlyserve to aggravate tension and conflict in the region and to make more difficultthe realization of a negotiated settlement.I...

I('*KI .,JUI *Irf£ AlA MIDIA4 ,f~Aa~l~ iifAT *IflIc. tCAwIT PAG 21ncPRnuutCu BF 14IYAc 1 i=1uun..,n 1hnS/18767EnglishPage 623. On 30 September 1986t 1 held discussions with Colonel Sassou Nguesso,President of the People's Republic of the Congo and current Chairman of theOrganization of African Unity (OAU). On the question of Namibia, PresidentNguesso expressed full support for the position of the front-line States andSWAPO, as well as for my endeavours for an early settlement.24. On 3 October 1986, I met with Prime Minister Robert Mugabe of Zimbabwe,Chairman of the Eighth Summit Conference of Heads of State or Government ofNon-Aligned Countries. In regard to Namibia, Prime Minister Mugabe conveyedto me the concerns of the Non-Aligned Movement with respect to the inordinatedelay in proceeding to the implementation of Securi.ty Council resolution 435(1978). He urged that the international community redouble its efforts to facilitatean early settlement.

25. In further discussions, Ambassador von Schirnding of South Africa informedme that his Government had taken note of the Angolan platform, but that in itsview the platform, which dated back to September 1984, had been overtaken byevents and could not therefore serve as a basis for a negotiated settlement. Heemphasizedthat the Government of South Africa would continue to insist on agreement beingreached on the total withdrawal of Cuban troops from Angola prior to theimplementation of Security Council resolution 435 (1978). Subject to this pre-condition, he stated that his Government would be prepared to consider any newproposals by the Government of Angola in regard to the matter.26. on 9 December 1986, I met with representatives of the front-line States,Nigeria and SWAPO, to convey to them the position of the Government of SouthAfrica. I informed them that, in the prevailing situation, I vas not in a position toreport further progress towards the implementation of the United Nations plan forNamibia.27.. On 12 February 1987, I again met with the same representatives to reviewdevelopments. They informed me that in the absence of further progress theyintended to initiate consultations to convene a Security Council meeting toconsider the question of Namibia. Earlier on the same day, Ambassador LeslieManley, the new Permanent Representative of South Africa to the United Nations,had presented his credentials to me. I indicated to the front-line States andSWAPO that I envisaged further discussions with Ambassador Manley on matterspertaining to Namibia.28. I met with Ambassador Manley on 13 March 1987. I reaffirmed to him theposition of the United Nations on the implementation of Security Councilresolution 435 (1978), and emphasized that that resolution remained the onlybasis for a peaceful settlement in Namibia. I urged the co-operation of hisGovernment, in order to expedite the implementation of the United Nations planfor Namibia without further delay. I stressed, in particular, the need for theGovernment of South Africa to reconsider its position on the linkage pre-condition, so as to clear the way for the establishment of a firm date for a cease-fire and the emplacement of the United Nations Transition Assistance Group(UNTAG) in Namibia.I...PAGE 217

PAGE 218 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/18767EnglishPage 729. In reply, Ambassador Manley indicated to m the willingness of hisGovernmentto co-operate in the implementation of Security Council resolution 435 (1978),provided a firm and satisfactory agreement could be reached on the question ofthe

withdrawal of Cuban troops from Angola. He stated that his Governmentremainedprepared to enter into a dialogue at any time in order to try to resolve thequestion of Cuban withdrawal. Ambassador Manley also reiterated to me theposition of his Government (S/18710), concerning Angola's complaints regardingviolations of its sovereignty and territorial integrity by South Africa (S/18638). Inregard tointernal developments in Namibia, Ambassador Manley referred to the statementbyMr. Louis Pienaar, the Administrator-General, on 24 February 1987. In thatstatement, the Administrator-General had said that the international status of theTerritory as well as the international commitments of the Republic of SouthAfricawould not be jeopardized. In this connection, he had emphasized that nationalelections or referendums, which might jeopardize the external relations of theRepublic of South Africa, could not be conceded.30. On 30 March 1987, I met again with Ambassador Manley to review hisGovernment's position on the question of Namibia. He reiterated to me thewillingness of his Government to proceed with the implementation of thesettlement plan envisaged in Security Council resolution 435 (1978), providedthat a firm and satisfactory agreement could be reached on the withdrawal of theCuban troops fromAngola prior to implementation. He said that the Government of South Africa wasready, in keeping with its policy of dialogue, to enter into direct talks with theAngolan Government on this matter.Concluding remarks31. As members of the Security Council are aware, in November 1985, agreementwas reached with the parties concerned on the system of proportionalrepresentation forthe elections envisaged in Security Council resolution 435 (1978). With thisagreement, the last outstanding issue relevant to the United Nations plan wasresolved. Indeed, it was hoped that this would pave the way for the adoption bythe Security Council of an enabling resolution for the emplacement of UNTAG inNamibia. To this end, I proposed to the Government of South Africa on26 November 1986 that it should join me in establishing the earliest possible datefor a cease-fire and the implementation of Council resolution 435 (1978).32. Regrettably, South Africa's proposal that 1 August 1986 be set as the date forthe implementation of the United Nations plan ran counter to relevant SecurityCouncil decisions, since it reaffirmed that prior agreement must be reached on thetotal withdrawal of Cuban troops from Angola before implementation. Theproposal as a whole could therefore not be sustained as a valid basis forproceeding withthe implementation of the United Nations plan. This linkage pre-condition, whichdates back to 1982, now constitutes the only obstacle to the implementation of theUnited Nations plan for Namibia. I do not recognize the validity of the linkagepre-condition, nor can I accept it as a pretext to delay any further the

independence of Namibia. The presence of Cuban troops in Angola is a separatematter, to be dealt with by those directly concerned acting within their sovereigncompetence.I...

.-^EiiA PAA1 "IttefA ?IMIC rATorPAGE 219. S/18767EnglishPage 833. it is my emphatic viev that the Government of South Africa should urgentlyreconsider its position on the linkage pre-condition in order to enable the UnitedNations to proceed with the implementation of Security Council resolution 435(1978). I call for a determined effort on the part of all those directly concerned, aswell as by the international community as a whole, to emplace UNTAG inNamibia in 1987. For my part I am firmly committed to persevering in my effortto attain the goal of independence for Namibia.It&MUMI[JLUIL o r I rl "^#V4iot b:~lff~t~Jv 1 11w, .l# .

PAGE 220 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREUNITEDNATIONS S(Security CouncilDistr.GENERALS/1923427 October 1987ORIGINAL: ENGLISHFURTHER REPORT OF THE SECRETARY-GENERAL CONCERNING THEIMPLEMENTATION OF SECURITY COUNCIL RESOLUTIONS 435 (1978)AND 439 (1978) CONCERNING THE QUESTION OF NAMIBIA1. On 31 March 1987, I submitted to the Security Council my report (S/18767)onthe question of Namibia. The present report is intended to provide the Councilwith an account of developments since then concerning efforts to implement itsresolutions 435 (1978) of 29 September 1978 and 439 (1978) of 13 November1978 onthe same subject.2. The Security Council resumed its consideration of the item at its 2740thmeeting, on 6 April 1987, and continued its discussion at its 2741st to 2747thmeetings, between 6 and 9 April 1987. A draft resolution on the question was notadopted owing to the negative vote of a permanent member of the Council.3. Following the Security Council meeting, I resumed my consultations withAmbassador Leslie Manley of South Africa. I asked him to clarify the position ofthe Government of South Africa on the future of the Territory in the light of

disturbing press reports. I stressed that any deviations from agreements reachedbetween the United Nations and South Africa would be in violation of SecurityCouncil resolution 435 (1978).4. Ambassador Manley informed me that Mr. P. W. Botha, the State President,hadmet with members of the "interim government" at Cape Town on 22 May 1987 todiscuss, among other things, constitutional matters. He added that the StatePresident had made clear to members of the "interim government" thatconstitutionalsteps, which might impair the Republic of South Africa's international interestsand obligations, were not acceptable to the Republic of South Africa. He alsoinformed me that Foreign Minister Botha, assisted by Defence Minister MagnusMalan,had held follow-up discussions at Windhoek on 19 June 1987 on subjects thatwere raised with the State President in Cape Town. During those discussions,ForeignMinister Botha had explained that any constitutional proposals pertaining toNamibia could at that moment serve only as a basis for further consideration anddiscussion, and that they should not be of such a nature as would compromiseSouthAfrica's international undertakings.5. In conclusion, Ambassador Manley informed me that his Governmentremainedcommitted to Security Council resolution 435 (1978), on the understanding that a87-26267 3146h (E)...

PAGE 221KCrKVu1UI&or I Fl IVPI 5V5EAS , MI1 .S/19234EnglishPage 2firm and satisfactory agreement was reached on the withdrawal of Cuban troopsfrom Angola prior to implementation. In response, I stated that the linkage pre-condition had been rejected by the Security Council and called for theimplementation of Council resolution 435 (1978) without further delay.6. I kept the Ambassadors of the front-line States as well as the South WestAfrica People's Organization (SWAPO) informed of these developments andcommunicated to them the response I had received from South Africa in regard toits position on the implementation of Security Council resolution 435 (1978).7. On 21 August 1987, the President of the Security Council issued a statementon behalf of members of the Council concerning the question of Namibia(s/19068). In their statement, the members of the Council expressed their graveconcern over the continuing deterioration of the situation in Namibia resultingfrom the increasing repression of the Namibian people by South Africanoccupation forces throughout the

Territory, including the so-called operational zone in northern Namibia, whichhad led to the loss of innocent lives, particularly in the preceding few weeks. Theycondemned all acts of repression of, and brutalities against, the Namibian people,the violation of their human rights and the disregard for their inalienable rights toself-determination and genuine independence. They further condemned SouthAfrica's attempts to undermine the national unity and territorial integrity ofNamibia. The members of the Council also condemned particularly the arrest offive SWAPO leaders and the repressive measures against student and labourorganizations since 18-19 August 1987. They demanded the immediate release ofthe detainees, and called upon South Africa to put an immediate end to therepressionof the Namibian people and to all illegal acts against neighbouring States. Themembers of the Council recalled previous Council resolutions affirming theprimary and direct responsibility of the United Nations over Namibia. They calledonce again upon South Africa to comply fully with Council resolutions 385(1976) and 435 (1978) and to put an end to its illegal occupation andadministration ofNamibia.8. At the end of July 1987, I attended the summit meeting of the Organization ofAfrican Unity (OAU) at Addis Ababa where I held in-depth discussions on thesituation in southern Africa with President Kenneth Kaunda of Zambia, thecurrent Chairman of OAU and Chairman of the Front-line States. I also discussedthe situation with Prime Minister Robert Mugabe of Zimbabwe, Chairman of theMovement of Non-Aligned Countries, President Joaquim Chissano ofMozambique and with Foreign Minister Van Dunem of Angola, who representedPresident Jos4 Eduardo dos Santos at the summit. In addition, I also met with Mr.Sam Nujoma, President of SWAPO.9. In discussions regarding the question of Namibia with these leaders, Iinformed them of my intention to ask Mr. Martti Ahtisaari, my SpecialRepresentative for Namibia, and Mr. Hisham Omayad, Director, Department forSpecial Political Questions, Regional Co-operation, Decolonization andTrusteeship, to visit South Africa and the front-line States for consultations. All ofthem welcomed my decision.10. The main purpose of the mission was to expedite action for theimplementation of Security Council resolution 435 (1978). To that end, themission was instructed to impress on all concerned the need to proceed to theimplementation of the United Nations plan without further delay.I/ *

PAGE 222 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/19234EnglishPage 3

11. The mission left New York on 15 August 1987 for South Africa, where it helddiscussions at Cape Town on 18 August 1987 with Foreign Minister Botha andsenior officials of the Government of South Africa.12. In his talks with Foreign Minister Botha at Cape Town, Mr. Ahtisaariconveyedto the Government of South Africa the concerns expressed by African leaders tothe Secretary-General in Addis Ababa about the delays in proceeding to theimplementation of the United Nations plan. Be emphasized that the Secretary-General fully shared those concerns, particularly since all outstanding issuesrelevant to the United Nations plan had been resolved in November 1985, whenagreement was reached on the choice of the electoral system.13. Mr. Ahtisaari emphasized that the linkage pre-condition, which nowconstituted the only obstacle to the implementation of the United Nations plan forNamibia, had been rejected by the Security Council. He stressed to theGovernment of South Africa the Secretary-General's position that the presence ofCuban troops in Angola was a separate matter, to be dealt with by those directlyconcerned, acting within their sovereign competence. He urged the need for allconcerned to consider Namibia as a primary issue in its own right in order toproceed without further delay to finalize arrangements for a cease-fire involvingSWAPO and South Africa for the implementation of Council resolution 435(1978).14. Mr. Ahtisaari conveyed to Foreign Minister Botha the Secretary-General'sexpectation that he could count on the co-operation and support of theGovernment of South Africa in finalizing the necessary arrangements for theindependence of Namibia as stipulated in the United Nations plan.15. Mr. Ahtisaari also informed Foreign Minister Botha that in the Secretary-General's discussions with Ambassador Manley of South Africa in New York, theSecretary-General had expressed his concern regarding various constitutionalarrangements envisaged in Namibia, which might violate the letter and spirit ofSouth Africa's commitment to an internationally acceptable settlement inaccordance with Security Council resolution 435 (1978). In that connection, Mr.Ahtisaari stated that the Secretary-General had taken note of assurances byPresident Botha that constitutional steps by the winterim governmentO, whichmight impair South Africa's international interests and obligations, were notacceptable to South Africa. Mr. Ahtisaari observed that it was the Secretary-General's understanding of the statement of the State President that South Africadid not intend to abandon its commitment to Security Council resolution 435(1978) and that it would co-operate with the United Nations to facilitate asettlement.16. Mr. Ahtisaari also informed Foreign Minister Botha that theSecretary-General's attention had been drawn to the statement of theAdministratorGeneral of the Territory on 30 July 1987, calling for elections forlocal representative authorities and/or municipalities. In triat connection, theSecretary-General urged the Government of South Africa to act only inaccordance with its commitments to the international community.

17. In regard to internal developments in the Territory. Mr. Ahtisaari stated that inthe Secretary-General's discussions at Addis Ababa, Mr. Sam Nujoma, Presidentof SWAPO, had expressed grave concern about "atrocities and massacresperpetrated by/...

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 223S/19234EnglishPage 4the South'African security forces in Namibia", and that he had asked theSecretary-General to raise the matter with the Government of South Africa.18. In reply, Foreign Minister Botha assured Mr. Ahtisaari that the Republic ofSouth Africa recognized its obligations in terms of Security Council resolution435 (1978). He drew the attention of Mr. Ahtisaari to the statement byMr. P. W. Botha, the State President, in Parliament on 14 August 1987,concerningthe question of Namibia. In that statement, President Botha had said, in regard toCouncil resolution 435 (1978), that the Government of South Africa would not actina way that would abrogate the international obligations to which it had committeditself.19. Referring to the Secretary-General's call to South Africa to proceed with theimplementation of Security Council resolution 435 (1978) without further delay,Foreign Minister Botha stated that the presence of Cuban troops in Angolaconstituted a serious threat to Namibia, making free and fair electionsimpossible. He added that South Africa remained prepared to enter intodiscussionsat any time in order to resolve the question of Cuban troop withdrawal. Hereiterated once again South Africa's position that a firm and satisfactoryagreement must be reached on the withdrawal of Cuban troops from Angola priortothe.implementation of Security Council resolution 435 (1978). Foreign MinisterBotha stated that South Africa was still prepared to attend a conference involvingall the interested parties which would lead to peace in Angola and Namibia.20. Foreign Minister Botha also stated that following consultations with the"interim government" on 22 May and 19 June 1987, the Government of SouthAfrica haddecided not to hold national, general elections in Namibia, as that could beinterpreted as an abrogation of its commitments. However, the Government ofSouth Africa had requested the "interim government" to consider holdingelections for therecomposition of second-tier authorities, since such elections had last been heldin 1980. Foreign Minister Botha commented that the second-tier electionsenvisaged

by South Africa would not violate its commitment to Security Council resolution435 (1978). He rejected the SWAPO allegations concerning atrocities andmassacresby the South African security forces in Namibia.21. On 19 August 1987, Mr. Ahtisaari met at Johannesburg with Mr. L. A.Pienaar,the new Administrator-General of Namibia. The Administrator-Generalelaborated onthe decision of the. Government of South Africa to opt for second-tier elections inNamibia and restated the position of the Government of South Africa on thatissue.In regard to the constitutional evolution of Namibia, Mr. Ahtisaari emphasized tothe Administrator-General that Security Council resolution 435 (1978) remainedtheonly valid basis for an internationally acceptable settlement of the Namibiansituation.22. The mission also visited Zimbabwe, Zambia, Angola, Mozambiqui, theUnitedRepublic of Tanzpnia and Nigeria from 20 August to 18 September 1987, fordiscussions with their respective Governments. The mission was received on21 August 1987 by Prime Minister Robert Mugabe of Zimbabwe. It met withPresidentKenneth Kaunda of Zambia on 22 August 1987, and held consultations withPresident Eduardo dos Santos of Angola on 27 August 1987. Mr. Ahtisaarireturnedto New York from Luanda on 29 August 1987, while Mr. Omayad completed thelast leg...

OCODnsl ff DY TU l NAMIRIA CO MUMINICATIONS CENTRES/19234EnglishPage 5of the mission to Mozambique, the United Republic of Tanzania and Nigeria. Themission was received by President Joaquim Chissano of Mozambique on4 September 1987, and met with Prime Minister Joseph Warioba of the UnitedRepublic of Tanzania on 11 September 1987. It was also received in Nigeria on18 September 1987, by Vice Admiral Augustus Aikhomu, Chief of General Staff.In addition, the mission held consultations with Mr. Sam Nujoma, President ofSWAPO, at Lusaka on 31 August 1987.23. The mission briefed the Governments of the front-line States and Nigeria, aswell as SWAP, on the outcome of its talks at Cape Town with Foreign MinisterBotha. In the discussions, all expressed support for the efforts of the Secretary-General and called for the implementation of Security Council resolution 435(1978) without further delay. President dos Santos reaffirmed Angola'scommitment to its platform of September 1984, and the subsequent additions

thereto (S/16838), as a basis for a comprehensive agreement that would ensureindependence for Namibia and peace and security .in the region. He informed Mr.Ahtisaari that in order to facilitate a settlement, the Government of Angola hadupdated its platform, and had outlined, in co-operation with the Government ofCuba, a revised time-frame and calendar for the gradual withdrawal of Cubantroops from southern Angola. In this connection he asked Mr. Ahtisaari to appriseme of those developments.24. During the course of the forty-second session of the General Assembly, I havehad the opportunity to meet with many concerned African leaders, includingPresident Kenneth Kaunda of Zambia and Prime Minister Robert Mugabe ofZimbabwe. Among the issues raised with me, the question of Namibia wasparamount. I discussed with them the findings and outcome of Mr. Ahtisaari'smission to South Africa, the front-line States and Nigeria. All agreed that despitethe impasse onthe implementation of the United Nations plan, the effort must continue toadvance the peace process for'a final settlement of the Namibian situation. Theyalso assured me of their continued support for my endeavours and stressed theneed for further positive action by the international community in order toincrease the momentum for the implementation of the United Nations plan.Concluding remarks25. The Security Council adopted its resolution 435 (1978) over nine years ago inorder to enable the people of Namibia to exercise their inalienable right to self-determination and independence, under the supervision and control of the UnitedNations. Regrettably, successive attempts in recent years to finalize arrangementsfor the emplacement of the United Nations Transition Assistance Group(UNTAG) in Namibia, in order to commence the implementation of the UnitedNations plan, have been blocked by South Africa's insistence on the linkage pre-condition. Despite this, I remain convinced that if the question of Namibia is re-examined with realism and sincere concern for the well-being of the inhabitants ofthe Territory, it should be possible to open the way for implementation of theUnited Nations plan. The people of Namibia must be permitted to enjoy thefreedom and independence that is their right. The concerted action of theinternational community is needed to achieve this objective.rAut ZIC14

REPRODUCED BY THE NAMIBIA .UM RAGE221U5II u #un.Issued by the United Nations secretariat in New Yorkon 19 January 1989APPR)WMd9E TIM CIF TRX19fIriW O IWEPDE RR NAPMI in Accordancewith Security Council Resolutions 435 (1978) and 629 (1989) (All dates andevents are based upon the Annex to the SettlementProposal - S/12636 - of 10 April 1978)EV~ENSUN INVOLVD4E2Mid-February (D - 42)

1 April (D - Day)By mid-May (D + 42)By early June (D + 63)By 1 July * (D + 84)- Formal cessation of hostilities- Restriction to base of SWAPOand South African forces- Release of political prisonersand detainees begins- Repeal of discriminatory lawsand restrictive legislationbegins- Refugees and other returneesbegin return to Namibia- General rules for electionsissued- Reduction of SA forces to 12,000- Repeal of discriminatory orrestrictive laws cumpleted- Redaction of SA forces to 8,000- Release of political prisoners/detainees ccmpleted- Further force-level reductionsto 1,500 SA troops- Military installations on northernborder under UN supervisionor deactivated- Core UNTAG staff arrivein Namibia to prepare for the establishmentof the mission.- The Special Representativeof the SG and mostUNTA civilian, civilian police and militarypersonnel arrive between1 April and mid-May.They are deployed to 50+ locations throughout theTerritory and assumetheir duties in accordancewith phasing anddeployment plans.- UNHCR assists in returnof refugees and otherreturnees.- UNTAG staff continuesorganisational andnonitoring activities.

- All UNTAG activities continue.- All UNTA activities continue.PAGI= 22

FLJ AlA AAIA Pf*EA*AIAIDVAT7AAIC (PJTI(TIMN OF TRANSTION TO INDEP2DENCE FCR NAMIBIA)Approx. 1 July - Official start of electoral (D + 84) * campaign- Voter registration beginsEarly October - Major part of electoral poll (approx.) watchers arrive andare deployedto UN centres for assignment to designated polling stations1-8 November - Elections to Constituent(approx.) Assembly which is to draw upand adopt constitutionBy mid-November - Completion of withdrawal of remaining 1,500 South Africantroops- Closure of all bases- Convening of Constituent AssemblyDate unspecified - Conclusion of Constituent Assembly- Steps necessary prior to installation of newgovernment- Second major contingent of civilian UNTAG staff arrives to support themonitoring of the electoral process.-(Poll watchers areapprox. 800 professionalelection personnelmstly coming from variousMember States).- uiTr staff supervise elections and the timely tabulation and publicationof voting results, tothe satisfaction of the SRSG, who then certifiesthe results.- UNTL activities continue. Many staff are expected to depart atthis stage.- LWNTN activites continue, with more staff departing.Date unspecified - INDEPENDENCE.* NOTE: D+84 is actually 24 June and not 1 July as stated abovePAGE 226 HCOrnOLuW 6u D F = ,,= .v.,v...,*,... ...

K-rVIUIIUE- of ir ON^A-I0A flAhI I0-A"" AffIAMAIC t :R PAE2AUNITED NATIONSGeneral Assembly Distr.GENERALA/43/997/Add.1 16 February 1989 ORIGINAL: ENGLISHForty-third session

REQUEST FOR THE INCLUSION OF AN ADDITIONAL ITEM IN THEAGENDA OF THE FORTY-THIRD SESSIONFINANCING OF THE UNITED NATIONS TRANSITION ASSISTANCEGROUP AddendumReport of the Secretary-GeneralCONTENTSINTRODUCTION ..............................................INITIAL MEASURES AUTHORIZING COMMITMENTS FOR THE UNITEDNATIONS TRANSITION ASSISTANCE GROUP ......................COST ESTIMATES ............................................VOLUNTARY CONTRIBUTIONS ...................................FINANCIAL PROVISION FOR REPATRIATION OF EXILES ............FINANCIAL ADMINISTRATION .o.................................ACTION TO BE TAKEN BY THE GENERAL ASSEMBLY AT ITSRESUMED FORTY-THIRD SESSION .......................................89-04371 0838b (E)I.II.III. IV.V.VI. VII.Paragraphs1 - 4334667PAGE 227/...

PAGE 228 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREA/43/997/Add. 1EnglishPage 2CONTENTS (continued)AnnexesI. SUMMARY STATEMENT OF COST ESTIMATES ........................................8II. SUPPLEMENTARY INFORMATION ON THE COST ESTIMATE........................... 10III. LIST OF CIVILIAN STAFF ................................................. 23IV. CIVILIAN STAFF ASSIGNMENTS BY CATEGORY ...................................24

V. DISTRIBUTION OF UNITED NATIONS-OWNED VEHICLES............................ 27VI. CIVILIAN STAFF VEHICLE ASSIGNMENTS .................................... 28I.o.

REPRODUCED BY THE NAMIBIA COMMUNICATONS CENTREPAGE 229A/43/997/Add.1EnglishPage 3I. INTRODUCTION1. By its resolution 629 (1989) of 16 January 1989, the Security Councilreaffirmed its relevant resolutions concerning the question of Namibia, inparticular, resolutions 431 (1978) of 27 July 1978 and 435 (1978) of29 September 1978, took note of its resolution 628 (1989) of 16 January 1989 anddecided that 1 April 1989 should be the date on which implementation ofresolution435 (1978) would begin. The Council, in adopting resolution 435 (1978), had,inter alia decided to establish under its authority the United Nations TransitionAssistance Group (UNTAG).2. In paragraph 5 of resolution 629 (1989), the Security Council requested theSecretary-General to prepare, at the earliest possible date, a report to theCouncil on the implementation of resolution 435 (1978), taking into account allrelevant developments since the adoption of that resolution. The related report ofthe Secretary-General i/ was submitted to the Security Council on 23 January1989.In addition, he submitted an explanatory statement Z/ to his report on9 February 1989.3. In paragraph 57 of his report, the Secretary-General recommended that thecosts of UNTAG should be considered expenses of the Organization to be bornebyMember States in accordance with Article 17, paragraph 2 of the Charter. Hefurther stated that he would recommend to the General Assembly that theassessmentsto be levied on Member States be credited to a special account that would beestablished for that purpose.4. By resolution 632 (1989) of 16 February 1989, the Security Council approvedthe report of the Secretary-General and his explanatory statement for theimplementation of the United Nations plan for Namibia and decided to implementitsresolution 435 (1978) in its original and definitive form.II. INITIAL MEASURES AUTHORIZING COMMITMENTS FOR THEUNITED NATIONS TRANSITION ASSISTANCE GROUP5. In order to provide resources to meet interim pre-implementation expenses ofUNTAG the Secretary-General, under the terms of General Assembly resolution42/227

of 21 December 1987, authorized the entering into commitments in the amount of$450,000. This commitment authority was required to meet expenses of animmediatenature in respect of travel and related costs of senior civilian, military andpolice personnel to Headquarters for briefing and planning purposes and toNamibiato refine military operational and deployment plans, as well as to make advancepreparations.6. It is the Secretary-General's understanding that the authority granted by theprovisions of General Assembly resolution 42/227, which was exercised to enterinto commitments for UNTAG, will be restored when the General Assemblyappropriation for UNTAG is available. This would enable further commitments tobe authorized by theSecretary-General under unforeseen and extraordinary expenses for themaintenanceI...

*.,.-LI~ ABA EZIUSA ,r~EzAaIgA5DPATIr1AIC (~MTP~PAGE 230 rCrnuuuu u u n" ,vuvuuu,,. . .w, ......A/43/997/Add.1EnglishPage 4of peace and security that might arise in 1989, within the limits established by theAssembly in its resolution 42/227.III. COST ESTIMATES7. The Secretary-General estimates the costs of UNTAG, inclusive of theamount of the commitment authority referred to in paragraph 5 above, at$416,162,000 gross ($406,621,000 net), at current cost. A breakdown of thisestimate will be found in annex I below, with supplementary information thereonprovided in annex II. The proposed civilian staffing table is shown in annex III.Certain factors that bear on this estimate are outlined below.A. Operational Rla8. Paragraphs 38 and 39 of the report of the Secretary-General, I/ jnk.L.1j",outlined the function of the non-police element of the civilian component ofUNTAG as being to assist the Special Representative in implementing paragraphs5 to 7 of the settlement proposal J/ and the relevant sections of the annex thereto.The settlement proposal makes provision for each stage of the electoral process aswell as with regard to all measures affecting the political process at all levels ofthe administration.9. In paragraphs 40 and 41 of his report, the Secretary-General refers to the tasksto be performed by the UNTAG civilian police monitors. The relatedresponsibilities of the Special Representative have been summarized by theSecretary-General in his explanatory statement of 28 September 1978 A/ asincluding, inter alia:(a) To satisfy himself that the Administrator-General ensures the good conduct ofthe police force;

(b) To satisfy himself that the Administrator-General takes the necessaryaction to ensure the suitability of the police for continued employment during thetransition period;(c) To make arrangements when appropriate for United Nations personnel toaccompany the police forces in the discharge of their duties.10. The mandate of the military component of UNTAG, as approved in SecurityCouncil resolution 435 (1978), remains unchanged. In paragraph 43 of his report,the Secretary-General summarized its responsibilities as including:(a) Monitoring the cessation of hostile acts by all parties;(b) Monitoring the restriction of South African Defence Force (SADF) troops tobase and their subsequent reduction to the agreed strength of 1,500 men, who willbe restricted to certain agreed locations;I...

nEBh5f DVY LIC AIA AA rAUUI ArA TIQNSI QFTREPG 3A/43/997/Add.1EnglishPage 5(c) Monitoring such SADF military personnel as continue to perform civilianfunctions during the transitional period;(d) Monitoring the dismantling of the command structures of citizen forcecommando units and ethnic forces (now known as "full-time forces", includingthe South West Africa Territory Force), the withdrawal of all SADF personnelattached to those forces, and the confinement of all the arms and ammunition ofsuch forces to agreed locations;(e) Monitoring the restriction of the South West Africa People's Organizationtroops to base in Angola and Zambia;(f) Keeping the borders under surveillance and preventing infiltration;(g) Ensuring that all military installations along the northern border aredeactivated or placed under United Nations supervision and providing security forvital installations in the northern border area.In addition, the military component is to assist and support the civilian componentof UNTAG in the discharge of its tasks, as may be required. This will include theprotection of entry points and reception centres for returning Namibians.11. The operational plan for UNTAG at the present stage is as follows:(a) The mission will be headed by the Special Representative of theSecretary-General who will be assisted by the United Nations TransitionAssistance Group, which comprises a civilian and a military component. Theauthorized upper limit for the military component will be 7,500 all ranks.However, in accordance with the Secretary-General's report, the initialdeployment will be 4,650 all ranks, consisting of 3 enlarged infantry battalionstotalling 2,550, 300 military observers, 1,700 logistics troops and a militaryheadquarters staff of 100. In addition, the mission will include 500 policemonitors, 761 substantive and administrative staff (including 79 overload posts, aswell as 180 electoral personnel for a four-month period), 820 locally recruitedstaff and 620 electoral personnel provided by Governments;

(h) As the Secretary-General has indicated in paragraph 42 of his report, heintends to keep under constant review the adequacy of the number of policemonitors in relation to their tasks. Moreover, he has stated that the precise numberof electoral personnel will depend on the detailed arrangements for the election,which are to be worked out once the implementation of the United Nations planhas begun, in accordance with the settlement proposal (para. 39). These factorscould lead to a request for additional funding;(c) The civilian and military personnel will be assigned to UNTAGheadquarters at Windhoek, as well as to more than 50 other locations throughoutNamibia;(d) Under the concept of operations outlined in the Secretary-General's report of23 January 1989, the reserve battalions would be available at shortI...PAGE 231

PAGE 232 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREA/43/997/Add.1EnglishPage 6notice for service in Namibia, in accordance with paragraph 5 of the Secretary-General's explanatory statement of 9 February 1989. If it proves necessary todeploy them, the Secretary-General will make the necessary request for additionalfunding.B. General assumptions12. The operational plan costs are based on the following assumptions:(a) Member States providing infantry battalions and logistic units or policeofficers for UNTAG will be reimbursed on the same basis as those whichcontribute troops to the United Nations Disengagement Observer Force and theUnited Nations Interim Force in Lebanon;(b) Member States will not be reimbursed for troop costs or other costsduring the period that battalions or other units are held in reserve in their homecountries;(c) Military observers and certain electoral personnel assigned to UNTAG will bemade available by the Member States concerned on the same basis as observersprovided to the United Nations Truce Supervision Organization (UNTSO);(d) Costing of the estimate has been done on the basis of entitlement to regulardaily subsistence allowance for all civilian staff, police monitors and militaryobservers.IV. VOLUNTARY CONTRIBUTIONS13. In the light of the latest experience gained in connection with the level ofpayments of assessed contributions recieved for a recently established operation,the Secretary-General will appeal to Member States to make advances on avoluntary basis to meet the initial expenses of UNTAG pending formal action bythe General Assembly. The Secretary-General also appeals to all Governments toconsider making available voluntary contributions in support of the emplacement

and continuing operation of UNTAG. To date only a voluntary contribution inkind has been accepted from the Federal Republic of Germany, consisting of 115light vehicles and 52 mini-buses, including spare parts, estimated at $2,350,000.V. FINANCIAL PROVISION FOR REPATRIATION OF EXILES14. The cost of the operation of thd Office of the United Nations HighCommissioner for Refugees for the return of Namibians currently in exile isexcluded from the estimated costs of the civilian and military components ofUNTAG. The Secretary-General intends to launch a separate appeal for thisoperation. H has indicated in his explanatory statement of 9 February 1989 thathe will not hesitate to recommend alternative arrangements if, contrary to hisexpectations, there is a shortfall in funding for the operations of the HighCommissioner.

KJnE S L EAIAIIAJ-ATnr , AC I I - rD, PAGE.. 33ffr7ffJUULrU Or I17 fl M11A IVtILI '-W '" - !L.- "A/43/997/Add.1EnglishPage 7VI. FINANCIAL ADMINISTRATION15. The Secretary-General recommends the establishment of a special account forUNTAG, under the authority of regulation 6.6 of the Financial Regulations of theUnited Nations for the purpose of accounting for income received andexpenditure incurred in respect of the mission. The financial accounts will bemaintained on the basis of the approved mandate period for UNTAG.VII. ACTION TO BE TAKEN BY THE GENERAL ASSEMBLY AT ITSRESUMED FORTY-THIRD SESSION16. The General Assembly needs to take action to provide an appropriation formeeting the requirements of UNTAG and for the apportionment thereof.S/20412. S/20457.,/ S/12636. A/ S/12869.I...PAGE 233

DCDDf~flhIfCfl DV T5J~ PJAUIAIA rnuUIINI(ATIflAI~ CPNTRErsc~~DD~n~~ RV TAJO u-awBI C.OM..-.- ..-.- . . . -- - -- -A/43/997/Add.1EnglishPage 8ANNEX IUnited Nations Transition Assistance GroupSummary statement of cost estimates(Thousands of United States dollars)1. Military nersonnel costs(a) Personnel costs reimbursable to Governments 59 100(b) Death and disability awards 8 000(c) Reimbursement for contingent-owned equipment 24 775

(d) Daily allowance paid to troops 2 160(e) Mission subsistence allowance for militaryobservers 7 797(f) Clothing allowance for military observers 60(g) Emplacement, rotation and repatriation travel 16 180(h) Rations 8 796i) Welfare 1 000 127 8682. Civilian staff costs(a) International staff salaries 25 081(b) Locally recruited staff salaries 7 380(c) Common staff costs 12 172(d) Mission subsistence allowance 29 757(e) Representation allowance 12(f) Emplacement and repatriation travel 9 409(g) Other official travel 1 335(h) Financial incentive 2 174(i) Personnel costs reimbursable to Governments 6 956 94 2763. Construction and maintenance of premises(a) Site preparation and construction 21 000(b) Utilities 397(c) Prefabricated buildings and tentage 1 750 23 1474. Acquisition of vehicles(a) Purchase 30 809(b) Lease 4 122(c) Repair and maintenance 8 718(d) Patrol 6 584(e) Vehicle insurance 515(f) Hire of mine-resistant vehicles 656(g) Workshop equipment 2 725 54 129I...

M C U U U L z D U I i Io rIIVIID I/i ,J lt l**'.'A/43/997/Add.1English Page 95. Air ogerations(a) Leasing of aircraft(b) Aviation fuel(c) Ground handling charges(d) Air-traffic control services and equipment6. Communications eguipment and related costs(a) Communications equipment(b) Communications supplies and spare parts(c) Test and workshop equipment(d) Generators(e) Commercial communications requirements7. Miscellaneous equipment

(a) Office furniture and equipment(b) Accommodation and mess equipment(c) Observation equipment(d) Medical and dental equipment(e) Field defence equipment and stores(f) Petroleum products, tanks, pumps andmetering equipment(g) Other equipment8. Miscellaneous supplies and services(a) Contractual and other services(b) General supplies(c) Third-party claims(d) Clothing, uniform and accoutrements(e) External audit services(f) Official hospitality9. Air and sea freight(a) Charter of ships(b) Other freight costs 10. Pre-implementation costs 11. Provision forcontingencies43 480 3 69534515 0009 1511 045 527 1 2932 430 2 998 1 470 260 869610787 4 059 1 000878408 0002 50062 52013 36610 0836 78210 5004503 5009 54112. Staff assessmentTotal, lines 1-1213. Income from staff assessmentI...PAGE 235

.%. rr3C&30 DrDDflfhr9f flV TUC A IBIACOlMUNAICA77ONS ENRA/43/997/Add. 1EnglishPage 10ANNEX IIUnited Nations Transition Assistance GroupSuoplementary information on the cost estimate1. Military personnel costs(a) Personnel costs reimbursable to Governments ........ $59 100 000This estimate provides for the reimbursement toGovernments of pay and allowances of the personnel that they provide toUNTAG. This represents $950 per person per month for all ranks, plus asupplementary $280 per person per month for a limited number of specialists (25per cent of logistics contingents and 10 per cent of others). Also included is aprovision for the payment of $70 per person per month as a usage factor forpersonal clothing, gear and equipment, including personal weapons andammunition. The estimate covers 4,350 troops (2,650 infantry and 1,700 logistics)for a period of 3856 days, with an overlap provision of0.5 per cent for rotations.(b) Death and disability awards ........................ $ 8 000 000Provision is made for the reimbursement to Governments of payments made bythem under national legislation and/or regulations for death, injury, disability orillness to members of their contingents tha can be shown to be attributable toservice with UNTAG.(c) Reimbursement for contincent-owned euiment ....... $24 775 000Provision is made for reimbursement to Governments for the usage cost ofcontingent-owned equipment furnished to their contingents at the request of theUnited Nations based on approved general guidelines.(d) Daily allowance gaid to troos. ..................... $ 2 160 000A daily allowance of $1.28 per person per day is payable to all military personnel,exclusive of military observers. This allowance will be payable to a total of 4,350military personnel for a period of 386 days and includes an overlap provision of0.5 per cent for rotations.

nrn%,JI I%. Of I"rhA11BAfAU I~AIA~~hT~PG 3ncr.JL.,tE..a u A m A , nuvur j .. A. .* .-.. . T -A/43/997/Add.1EnglishPage 11(e) Mission subsistence allowance for military observers $ 7 797 000This allowance is payable to each of 300 militaryobservers at a rate of $80 per day for the first 60 days and $65 per day for eachday thereafter, for a total of 386 days.(f) Clothing allowance for military observers .......... $ 60 000

Provision is made for payment of $200 per year to each of 300 military observersin respect of uniforms.(g) Emplacement. rotation and reoatriation travel ...... $16 180 000This estimate covers the cost of four air-charters to emplace the advance partieswith their personal gear and equipment ($1,800,000); emplacement, rotation andrepatriation of military personnel by commercial air-charter ($11,710,000); thecost of the emplacement and repatriation costs of 300 military observers,including their baggage and equipment, by commercial air travel ($1,770,000);and the cost of hire of ground transportation and equipment in connection withrotations, and the limited use of commercial air travel on compassionate groundsand on medical evacuation ($900,000).(h) Rations ............................................ $ 8 796 000This estimate provides for the feeding of the 4,350 troops for a period of 386days, including an overlap provision of 0.5 per cent for rotations. Rations areissued in accordance with approved ration scales with a 5 per cent non-usagefactor. The estimate is based on $5.30 per ration and also includes a provision inthe amount of $300,000 for a 14-day emergency supply of composite rations.(i) Welfare ............................................ $ 1 000 000Provision is made for the payment to the 4,350 troops for recreational leave at arate of $10.50 per day for up to seven days of recreational leave taken during asix-month period of service ($639,450). The estimate also provides for somerecreational and sports supplies and equipment, rental of movies and sports andrecreational facilities ($360,550).PAGE 237

PAGE238 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREA/43/997/Add.1EnglishPage 122. Civilian staff costs(a) International staff salaries .......................... $25 081 000The complement of 761 international civilian staffproposed for the mission is shown by category in annex III. The calculationsunder this heading are based on the standard costs applicable to Headquarters inNew York and to UNTSO for field service personnel and take into account thephasing-in of appointments.(b) Locally recruited staff salaries ................... $ 7 380 000Provision is made for a complement of 820 locally recruited personnel at anaverage annual net salary per person of $9,000.(c) Common staff costs ................................. $12 172 000This estimate is based on the phasing-in ofinternationally recruited staff using the standard costs applicable to Headquartersand UNTSO. It also includes an amount of $2,250 per annum per person for the820 locally recruited staff.(d) Mission subsistence allowance ...................... $29 757 000

UNTAG is a non-family duty station. Each international staff member assigned toUNTAG is entitled to receive a mission subsistence allowance, currently $80 perday for the first 60 days and $65 thereafter in addition to the emoluments paid tothem at their regular duty stations. This allowance is applicable also to the civilianpersonnel provided by Governments. The estimate provides for:(i) 761 international staff ($14,334,000)(ii) 620 electoral personnel provided by Governments($1,538,000)(iii) 500 police officers provided by Governments($12,995,000)(iv) The monthly mission allowance paid to Field Servicestaff at their regular duty station ($890,000)/°..

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPA(E ZJVA/43/997/Add.1EnglishPage 13(e) Representation allowance ............................ $ 12 000Provision is made for the payment of representationallowance at the current approved rates to six eligible staff members at the D-2level and above.(f) Emolacement and repatriation travel ................ $ 9 409 000This estimate provides for the cost of round-trip air travel for 681 substantive andadministrative staff, 620 polling officers and 500 police officers. The calculationis based on an average cost of $3,900 for each round-trip airticket, including $500for accompanied excess baggage, $1,851,000 for unaccompanied air freightbaggage and $541,000 for reimbursement of travel claims.(g) Other official travel .............................. $ 1 335 000Provision is made for the cost of travel within themission area as well as travel between Headquarters and UNTAG.(h) Financial incentive ................................ $ 2 174 000Provision is made for the payment of $3,600 per annum to some 406 staffmembers assigned to hardship locations withn the mission area and family visit(economy class) travel at an average cost of $2,000 per trip for 356 personnel.(i) Personnel costs reimbursable to Governments ........ $ 6 956 000This estimate provides for the reimbursement toGovernments of pay and allowances of 500 police officers provided to UNTAG.It represents $950 per person per month for basic pay, plus $280 per person permonth for 25 per cent of total strength. Also included in the estimate is aprovision for the payment of $70 per person per month as a usage factor forpersonal clothing, gear and equipment, including personal weapons andammunition.3. Construction and maintenance of 2remises(a) Site Prearation and construction .................. $21 000 000

The estimate includes all costs associated with thepreparation of the ground and the construction of all living accommodations forthe 4,350 troops. It also provides for office space and working facilities atUNTAG headquarters and at some 51 electoral centres and sub-centres.Additionally, it includes provision for the construction of roads, includinghardsurfacing and asphalting, the provision of essential services such as electricityand water lines, and fencing and sewage installations.

flu TLW AlA BAUBIA ff1AAAAlIAIIfATIflAJ~ fFAJTR~ PA~iE 240- - ncrnuuu~u B N I 5i~ UWP~F~NI~* ..-~ . ... - - -A/43/997/Add.lEnglish Page 14(b) Utilities ........... . . . . . . . . . . . . . . .Provision is made for the cost of electricity and water consumed throughout themission, as well as for sewage and garbage removal services.(C) refabriCAted buildings nd tentape.................Provision is made for the purchase of prefabricated buildings and tents required ata number of locations throughout the mission for use as storage warehouses forrations, supplies, and spare parts, and for use as workshops for the repair andmaintenance of vehicles, generators, communications and observation equipmentand weapons. The buildings and tents will also serve es reception or assemblyareas for the personnel of UNTAG.4. AcuiSition of vehicles(a) Eui~hl ..........................................The proposed vehicle purchase programme is set out below. The vehicles listedexclude those which will be brought into the area of operation as contingent-owned equipment and those which will be leased locally pending the arrival ofUnited Nations-purchased vehicles..Nbr Unit cost$ 397 000 $ 1 750 000 $30 809 000(United States dollars)Car, heavy Car, medium Car, light JeepPickup ini-bus Bus, medium Bus, heavy Truck, 2 1/2-ton Truck, 5-ton Truck,refrigerator Truck, tractor Ambulance Recovery vehicle, light Recovery vehicle,heavy Forklift Trailer, light Trailer, medium Trailer, semi (for tractors) FreightTotal4 20 247 778 101 9326 16 503 5 8114 3 915 391232 000 15 50010 000 15 750 12 000 13 800 57 500133 000 48 000 55 000 55 000 80 000

23 000 80 000 210 00027 500 3 000 4 000 30 000128 000 310 000 2 470 000 12 253 000 1 212 000 1 283 000 1 495 000 2 128 0002 400 000 165 000 275 000 640 000 253 000 320 000 630 000248 00045 000 156 000 360 00030 0900PAGE 240 nrWCVjuL.Xu - a=, v,,4 ,,... .

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 241A/43/997/Add.1EnglishPage 15(b) Le se .............................................. $ 4 122 000Provision is made for the lease of the mission's minimalrequirement of vehicles (1,244) for up to two months, pendingthe arrival of the United Nations-purchased vehicles. Theestimate is calculated on the basis of 9 per cent per month ofthe cost of the vehicles.(c) Renair and maintenance ................................. $ 8 718 000The estimate provides for the repair and maintenance(including spare parts, oil and lubricants) of the entirevehicle fleet of the mission. It is based on 10 per cent ofthe value of the contingent-owned vehicles ($4,909,000),12 per cent of the value of the United Nations-owned vehicles($3,697,000) and $112,000 in respect of the hired mineresistant vehicles indicatedunder item 4 (f) below.(d) Petrol ............................................. $ 6 584 000Provision is included for the cost of petrol required forthe vehicle fleet. It is based on an analysis of the milesper gallon consumption of the various categories of vehiclesand on the average miles per day expected to be driven by eachcategory of vehicle.(e) Vehicle insurance .................................. $ 515 000This estimate provides for the cost of third-partyliability insurance coverage on United Nations-owned andcontingent-owned vehicles.(f) Hire of mine-resistant vehicles .................... $ 656 000Provision is made for the hire cost of 40 mine-resistantvehicles at the rental cost of $42.50 per day for a period of386 days.(g) Workshon euipment .................................. $ 2 725 000This provision is for the full requirement of vehicleservicing and repair equipmentand includes a large assortment of tools, as well as air compressing equipment,hoists, jacks,

lathes, welding plants and battery chargers.I...

.,r' l D W AI AAJIOA A'#tIA JI IAIrA TIOAIC frAITDTA/43/997/Add.1EnglishPage 165. AiroionS(a) Leasing of airraft ................................ $43 480 000Provision is made for the leasing of 20 aircraft for one year. These aircraft arerequired to provide, UIAX-Al"' medical evacuation throughout the mission area,liaison passenger transport, intra-missiOn passenger flights and logistics airlifts,aerial deployment of quick reaction forces and aerial reconnaisance. Thecategories of aircraft and the costs of their leasing are as folows: two executiveaircraft ($3,000,000); two heavy transport aircraft ($20,880,000); eight short take-off and landing (STOL) airacraft ($5,600,000); and eight helicopters($14,000,000).b) Aviation u$l ...................................... 3 695 000This estimate provides for the cost of fuel required to support the 20 leasedaircrafts and is calculated as follows:(i) Two executive aircraft, each flying 36 hours permonth for 12 months and consuming 100 gallons offuel per hour at $1.17 per gallon ($101,000);(ii) Two heavy transport planes, each flying 100 hoursper month for 12 months and consuming 800 gallons offuel per hour at $1.17 per gallon ($2,246,000);(iii) Eight fixed-wing aircraft and eight helicopters,each flying 60 hours per month for 12 monthsconsuming 100 gallons of fuel per hour at $1.17 pergallon ($1,348,000).(c) Ground hndliLa Chares ............................ $ 345 000The estimate provides for miscellaneous airport fees and handling charges,including parking, flight clearance charges, towing, electricity supply and aircraftwashing.(d) Air-traffiC control services and e uimlt.......... $15 000 000This estimate provides for the rental, maintenance andoperation of the airport infrastructures at five airports in the northern part of themission area, at an average cost of$3,000,000 per airport. This will include the cost ofmeteorological services, air traffic controllers and equipment,airfield lighting, firefighting and crash response equipment, fuel storage facilities,pumps, filters, tankers, forklifts,luggage carts, stairways, fire extinguishers, scaffolds,runway sweeping and grounds maintenance equipment etc.I..°

P A G E 2 4 2 A C M V MU % c u j 0 F 1 n © c E , , , . , , . , ,%-, - . .

REPRODUCL BYT I I HINAMIIA CO.UIWIM UNI51W$ v1 1.. v I n .A/43/997/Add.1English Page 176. Communications ecuipment and related costs(a) Communications equipment ...........................Provision is made for the following communications equipment required by themission:(i) One satellite earth station, including itsconnection to the New York earth station ($700,000)(ii) 12 portable satellite earth stations ($600,000)(iii) 11 high-frequency radio teletype stations withremote control ($660,000)(iv) 12 log periodic antennae for directionaltransmission ($196,000)(v) Nine 60-foot heavy gauge antenna towers ($27,000)(vi) 16 teletype machines with accessories ($112,000)(vii) 79 broadband dipole antennae with supporting towers($167,000)(viii) 43 200-foot antenna tower kits ($215,000)(ix) 20 150-foot antenna tower kits ($84,000) (x) 25 100-foot antenna tower kits($80,000)(xi) 133 high-frequency single side band (SSB) fixedradio with antennae ($1,249,000)(xii) 125 high-frequency single side band (SSB) mobileradios ($1,062,000)(xiii) 90 telex machines/fax machines ($211,000) (xiv) 35 VHF repeater stationwith remote control($338,000)(xv) 461 VHF mobile radio sets ($1,060,000)(xvi) 619 VHF portable radio sets ($746,000) (xvii) 254 battery chargers($45,000) (xviii) 274 batteries ($40,000)$ 9 151 000I...PAGI; 24 r

PAGE 244 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREA/43/997/Add.1English Page 18(zix) 40 solar power supplies ($40,000)(xx) Eight crypto-fax machines ($224,000)(xxi) Eight text cypher code machines ($208,000)(xxii) 15 non-directional beacons for air navigation

($225,000)(zxiii) 40 air/ground/air VHF radio sets ($400,000)(xxiv) Eight H/F transceiver, 1-kilowatt, with antenna andmast ($200,000)(xxv) 26 converta-com consoles to increase power andrange of VHF portable radios when used in vehicles($22,000)(xxvi) Two telephone exchanges complete with installationhardware, each with 20 trunk circuits and200 extensions ($240,000)(b) Communications snuplies and sgare Rarts ............ $ 1 045 000This estimate covers the cost of supplies and spare partsfor the operation and maintenance of the communications system. Included underthis provision are such items ascables, batteries, transceiver spares, generator spares, cabletracers, crystals, cable radar, antenna spares, modules,transistors, tapes, ribbons and teletype paper.(c) Test and workshon eguipment ........................... $ 527 000Included is a provision for the purchase of a widevariety of essential communications test and workshopequipment. This includes tool kits, systems analysers,terminating wattmeters, bench meter panels, digitalcontrollers, frequency counters, bench digital multimeters,oscilloscopes, bench power supplies, output power meters,transmission test sets, stools and workbenches.

55 I I~hiIA T~f~AIC I~U ~ITPA . . 245KRI'M(JUU~U T BY v11VHDIB O LV iUIUA"OtU 51_U60UV5 fCK/43/997/Add.1EnglishPage 19(d) nerators ......................................... 1 293 000The estimate provides for the purchase of the following generators required by themissions(United States dollars)220-EVA 2 38 000 76 000200-EVA 4 29 000 116 000100-EVA 9 24 000 216 00055-EVKA 23 13 000 299 0002S- VA 19 10 000 190 00010.7-EVA 66 6 000 396 000(e) Commercial communications recuirements .............. $ 1 350 000Provision is made for the rental of telephone lines, the cost of official telephonecalls, commercial telegrams and costs related to the use of the satellite earthstations.7. Hiscellaneous ecruipment

(a) Office furniture and e iuipment ...................... $ 2 430 000This estimate provides for the purchase of a full range of office requirementsincluding chairs, desks, bookcases, filing cabinets, safes, tables, light fittings,chart boards, map boards, slide projectors, special radio room furniture,laminating machines, stamping machines, photocopying machines, papershredders, typewriters, calculating machines, facsimile machines, micro-computers and computer software.(b) Accommodation and mess e ument ................... $ 2 998 000Provision is made for the purchase of a wide variety of accommodation and massequipment, including beds, bedside tables, wardrobes, light fixtures, vacuumcleaners, mattresses, lounge suites, armchairs, coffee tables, folding tables, chairs,walk-in freezers, refrigerators, stainless steel kitchen tables, fans, ovens, toasters,vegetable cutting machines, meat slicers, electric meat saws, juice dispensers,coffee percolaters, food mixers, potato peelers, bread slicers, food containers,butcher blocks, meat mincers and deep fryers.I...PALE 245

flCOUi'iFU ,,rr~ U ~ TUC AlA MAIUDA rnuaui IAnrA TlflAI~ CAITRFD7OfUn.- £UACAARI#r I IAr TIN a. w..u.- . - . NA/43/997/Add.lEnglishPage 20(c) Observation epuipment .............................. $ 1 470 000The provision includes the cost of field binoculars, mounted binoculars,streamlights, searchlights, vehiclemounted searchlights, night vision binocularsand portable floodlight units.(d) Medical and dental equiment ........................ $ 260 000This estimate provides for various items of medical and dental equipment andincludes examination tables, stretchers, autoclave vacuum equipment, clinicfurniture and fixtures, overhead examination lights, dental units and oxygenequipment.(e) Field defence eguiment and stores ................. $ 869 000Provision is made for the purchase of prefabricated shelters, observation towers,sentry boxes, tank obstacles and barrier units.(f) Petroleum Rroducts. tanks. sumgs and metering........ .............. $ 610 000Provision is made for the purchase of various petrol, diesel and kerosene tankswith meters and pumps, as well as for jerrycans for vehicles and collapsiblecontainers for the emergency stocking of bulk fuel.(g) other euimn........................................ $ 1 446 000Resources are provided for the purchase of water tanks with stands, air-conditioning units, electric and gas water heaters, kerosene space heaters, solarwater heating units, fire fighting equipment, flashlights, hurricane lamps andindustrial shelving.8. Miscellaneous su2Rlies and services

(a) Contractual and other services ........................ $ 787 000This estimate includes the cost of laundry, dry-cleaning, tailoring, and haircuttingservices provided to the troops as well as interpretation services, technicalmaintenance costs, septic tank cleaning and medical consultation and treatmentprovided outside UNTAG resources and miscellaneous services.I...* 1 Jl

R1 llABA f1V'IAIAIAnfInDC rITDRPAE 4KCFMUUUI-U or i 5 n#,u^#WuIDA/43/997/Add.1EnglishPage 21(b) &eeral sutnlies................................... .$ 4 059 000Resources are provided to cover the cost of miscellaneous supplies required bythe mission. These include stationery and office supplies, subscriptions to variouspublications, sanitation and cleaning materials, medical and dental supplies,quartermaster's stores, butagas for cooking, diesel for generators and kerosene forheating.(c) Third-Rarty claim. ................................... . $ 1 000 000Provision is made for the payment of claims lodged by third parties for damagecaused by UNTAG, exclusive of that caused by vehicle accidents.(d) Clothing. uniform and acoutrement ................. $ 878 000Provision is made for the cost of United Nations clothing retained by militarypersonnel on rotation, sleeping bags, special items of clothing needed for hygienepurposes on certain jobs, fragmentation jackets for safety reasons, Field Serviceuniforms and United Nations insignia and medals.(e) External audit services ............................ 40 000This estimate provides for the cost of the external audit service.(f) Official hospitalit ............................... $ 18 000The amount included is to provide limited hospitality to local dignitaries in thecontext of goodwill and the official interests of the mission.9. Air and sea freight(a) Charter of shins ................................... $ 8 000 000The bulk of the vehicles, equipment and supplies required by the militarycomponent of UNTAG will be transported to the area of operation on four roll-on/roll-off vessels. The charter cost of each vessel will be $1,000,000 one way.This estimate provides for the emplacement and repatriation of the militaryequipment and supplies.I...PAGE 247I".I°I(UL)U[t.I"L) r r I rJc rtlJ41 llDil.t %..ll.llyllVlUiWl'kJ"t i IV#WJ #w * ..

OEflDfUUDfEIi fly TUC AlA AiIDIA fAAIAAIWWATIAAK ~hITRFr~n~n"-C OV TU AIAIU ... -- -rATONA/43/997/Add.1

EnglishPage 22(b) Other freight costs ................................ $2 500 000This estimate covers the costs of shipping, clearing and forwarding charges ofequipment, supplies and spare parts to and from the mission area that have notbeen provided for elsewhere. It also covers the cost of crates, packing boxes andother packing material, as well as the freight costs on diplomatic pouches.10. Pre-implementation costs ................................ $ 450 000The provision is in respect of travel and related costs of senior civilian, militaryand police personnel who travelled to Headquarters for briefing and planningpurposes and to Namibia to refine military operational and development plans aswell as to make advance preparations.11. Provision for continaencies ............................. $3 500 000The amount included provides resources to meet possible expenditures of anunforeseen nature. Such expenditures might include a higher than expected levelof evacuations resulting from injuries or sickness, third-party claims, or animmediate airlift of reserve troops into the area of operation.12. Staff assessment ......... ............................... $9 541 000The amount shown represents the difference between thegross and net emoluments of the civilian staff of the mission. It is the amount towhich United Nations staff members are subject, in accordance with regulation3.3 of the Staff Regulations of the United Nations.13. Income from staff assessment ............................ ($9 541 000)The amount is derived from budget line item 12 above as a credit.

nn nFr. wui rrwDVfLy 1 ARA LIUJD1A 1AA11 A1#rA T1PJr (ATRPAE 4K/43/997/Add.1English Page 23ANNEX IUIUnited Nations Transition Assistance GrounList of civilian staffHumberSubstantive and administrative o sProfessional atecorv and aboveUSG 1ASG 2D-2 3D-l 20P-s 26P-4 293P-3 41P-2 jUSubtotal 396General Service and related cateoriesPrincipal level 9

Other levels 242Security Service 1Trades and Crafts 1Field Service 103SubtotalGrand totalA/ Includes 180 electoral personnel for a four-month period only and 79overload posts (33 Professionals and 46 General Service) at Headquarters..i81 a/1...PAGE 249

DrnDflnaurr~ Dy TAlC AlA AIDDIA f~fluuilMWATIflP.K r;PJTR! mug £3UnLrfl~,,.a. -A/43/997/Add.1English Page 24AMNEX ZV Civilian staff assignments by categoryGeneralServiceProfessional andand related FieldAssignment above categories Service Local TotalOffice of the Special Representativeof the Secretary-General 21 16 37Independent jurists 3 2 5Force Commander 1 3 4Electoral division 1 1 2Policy and planning unit 9 4 13Operations unit 7 4 11District centres and sub-centres 99 51 150Police monitoring unit 1 4 5Liaison offices in neighbouringcountries 4 3 7Chief Administrative Officer - WindhoekOffice of the Chief AdministrativeOfficer 5 5 10EDP support services unit - Windhoek 2 2 4Special investigation/tasks unit 1 3 4Grootfontein office - Administration 1 1 2Field Service Assistant unit 0Grootfontein 1 11 12Finance section - Windhoek 7 Z6 23Finance section - Grootfontein 1 4 5Personnel section - Windhoek 4 9 13Personnel section - Grootfontein 1 2 3General services section - Windhoek 2 3 1 6

Mail operations 4 4/...DCD~"'lDTLCIANRIr i MUCATIONS~ CE NT ....

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 251A/43/997/Add.1EnglishPage 25GeneralServiceProfessional andand related FieldAssignment above categories Service Local TotalService institute 1 2 3Reproduction 2 2Records management and archives 4 4Travel and traffic 6 6Office supplies and general stores 2 2Transport 11 11Property unit 1Property unit/Property survey board 1 1 2Property unit/Claims 2 2Property unit/Inventory control 6 3 9Buildings management unit (BMU) 1 4 5BMU/Accommodation office - Windhoek 1 2 1 4BMU/Accommodation office - Elsewhere 1 1 2 4Buildings management, repair andmaintenance 1 4 2 7Security and safety unit 1 21 12General services - Grootfontein 1 1 2Service institute - Grootfontein 5 1 6Mail, archives and records 2 2Travel and traffic I 1Buildings management 5 1 6Transport 6 6Procurement section - Windhoek 6 17 23Receiving and inspection unitWindhoek 2 1 3Procurement - Grootfontein 1 7 8Communications section - Windhoek 1 23 24Communications section - Grootfontein 17 17Liaison office - LuandaCommunications 6 6/o..

,Frr~ fl~J TRW Al A EZIDJ A VV~RAL4I IAIIfA TIAAI~ CFAITP~A/43/997/Add.1English Page 26GeneralServiceProfessional andand related FieldAssignment above categories Service Local TotalLiaison office - LusakaCommunications 4 4Local staff 820 820Electoral supervisors 180 180New York Headquarters (overload) 33 46 79GRAND TOTAL 396 262 103 820 1 581I...PA( IF- ~ ~ ~ ~ ~ ~ % VM)C AJrA :u..E AJDJ rAA" WlAT A rl rVAITR".Vvl,,,w.-

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. nnDfOr^Itr% DV TILJC AIA AIRIA rflUIINICATIONS CENTREA/43/997/hdd.1ANNEX VICivilian staff vehicle assiqnmentxTruckCar, Car, Car, Pick- Mini- Bus, Bus, 2 1/2- Truck,heavy medium light Jeep up bus medium heavy ton 5-ton TotalOffice of the S2ecial Reresentative of theSecretary-GeneralSpecial Representative ofthe Secretary-General Director Special assistants Administrative staff Duty staffIndependent juristStaffForce ComanderDeputy Force Commander Chief of staff Administrative staff Duty staffElectoral divisionDirector Policy planning operations Duty staffElectoral centres andsub-centresRegular staff4 - -2 - - -1 - 1 1 -- 1 1 1 -- 1 1 1 -- - 2 - - -4 2 -4 2 -

2 - - -- - 20 120Police monitoring headquartersAdministrative and duty staffAdministration divisionDirector of administrationDeputy director ofadministrationWindhoek Officer in charge ofadministrationGrootfontein Administrative officersWindhoek Administrative officersGrootfontein Duty staff - Windhoek Duty staff - GrootfonteinField Service assistants Finance - Windhoek Finance - Grootfontein Personnel -Windhoek Personnel - Grootfontein General services - Windhoek GeneralservicesGrootfontein22- 2 - -- 2 - -- 2 7 -11 5 4 6 S 2 4 2- - 1- - 1- 1- 2- 140- 1- 2- 1- 9- 2- 1- 1- 11 28- 14I...PAGE 254 n r v u c ,, .. .... ...... ... ....

REPRODUCED BY 1H NAMIIA LLUVMUNIV I IUIV .LIU i..A/43/997/Add.1 Page 29TruckCar, Car, Car, Pick- Mini- Bus, lus, 2 1/2- Truck,heavy medium light Jeep up bus medium heavy ton 5-ton Total

Procurement - Windhoek Procurement - Greotfontein Cmmunicatiols Windhoek -radio operators Windhoek - radio techniciansWindhoek - electrician Windhoek - generator mechanicGrootfontein - radiooperatorsGrootfontein - radio techniciansGrootfontein - electrician Grootfontein - generatormechanicVehicle pool - Windhoek 1Vehicle pool - Grootfontein- 4 - 2- 1 - 1- 3 1- - 1 -- 2 1- 13 10 10 2 10 2 a 10 2 64- 1- 12 3- 13 32 1 -Liaison officesLusakaLuanda Gaberone- - 1 .. . . . - - J- - 1 .. . . . - - 1- - 1 -.. . . .- -Total 4 15 108 170 17 24 5 4 2 1350' )01+5 4 2 1 3504 Is 108 170 17 24Total

PAGE 256 REPRODUCED BY THE NAMIBIACOMMUNICATONS CENTREUNITED ANATIONSGeneral Assembly,u GENERALA/43/997/Add.219 February 1989ORIGINAL: ENGLISHForty-third session

REQUEST FOR THE INCLUSION OF AN ADDITIONAL ITEM IN THEAGENDA OF THE FORTY-THIRD SESSIONFINANCING OF THE UNITED NATIONS TRANSITIONAL ASSISTANCEGROUPAddenmReport of the Advisory Committee on Administrative and Budgetary Ouestions1. The Advisory Committee on Administrative and Budgetary Questions hasconsidered the report of the Secretary-General on the financing of the UnitedNations Transition Assistance Group (UNTAG) (A/43/997/Add.l). During itsconsideration of the item, representatives of the Secretary-General providedadditional oral and written information to the Advisory Committee.2. UNTAG was established pursuant to Security Council resolution 435 (1978)of 29 September 1978 for a period of up to 12 months. By its resolution 632(1989) of 16 February 1989., the Council approved both the report of theSecretary-General I/ on the implementation of resolution 435 (1978) and hisexplanatory statement 2/ to that report, and decided to implement resolution 435(1978) in its original and definitive form. In this connection, the AdvisoryCommittee notes the statement of the Secretary-General in paragraph 10 of hisreport (A/43/997/Add.l) that "the mandate of the military component of UNTAG,as approved in Security Council resolution 435 (1978), remains unchanged".3. As indicated in paragraph 7 of the report (jbOj.), the Secretary-Generalestimates the costs of UNTAG at $416,162,000 gross ($406,621,000 net) at 1989prices. This total includes prior commitments of $450,000 authorized by theSecretary-General under the terms of General Assembly resolution 42/227 of 21December 1987 in order to meet interim pre-implementation expenses. It does notinclude the estimates for the repatriation of Namibians currently in exile (seeparas. 42 and 43 below).89-04540 0932a (E) I.."

R anMaI.. A UIA Y i.w're ute .PA. 257REPRODUC Tf irIAM18IA LOMIIJ UIJ~VUA/43/997/Add. 2EnglishPage 24. In his report to the Security Council on the implementation of SecurityCouncil resolution 435 (1978), the Secretary-General recommended that "thecosts of UNTAG should be considered as expenses of the Organization to beborne by Member States in accordance with Article 17, paragraph 2, of theCharter". J/ In this connection, the Advisory Committee notes that the Secretary-General is recommending "the establishment of a special account for UNTAG,under the authority of regulation 6.6 of the Financial Regulations of the Unitednations for the purpose of accounting for income received and expenditureincurred in respect of the mission" (A/43/997/Add.1, para. 15). The Committeealso notes that "the financial accounts will be maintained on the basis of theapproved mandate period for UNTAG" (b.).

5. The Advisory Committee points out that should the pattern of contributions toUNTAG follow that of recent operations such as the United Nations Iran-IraqMilitary Observer Group (UNIIMOG), there would be a deficit in the UNTAGaccount for at least part of 1989. The Committee was informed of the absolutenecessity for the prompt and full payment of assessed contributions, especially inview of the urgent need for and the magnitude of the start-up costs required forUNTAG, which have been estimated as being at least $40 million.6. In paragraphs 11 and 12 of his report (A/43/997/Add.l), the Secretary-Generalsummarizes the operational plan for UNTAG and states the general assumptionson which the operational plan costs have been based. The Advisory Committeenotes that "the mission will be headed by the Special Representative of theSecretary-General who will be assisted by the United Nations TransitionAssistance Group, which comprises a civilian and a military component. Theauthorized upper limit for the military component will be 7,500 all ranks" (1W.,para. 11). However, the initial deployment, and that on which the estimates havebeen based (see A/43/997/Add.1, annex II), will be 4,650 all ranks. Should itbecome necessary to deploy the reserve battalions, the Secretary-General would,as stated in paragraph 11 (d) of his report, make the necessary request foradditional funding.7. The Advisory Committee was informed that the deployment of the fourreserve battalions would have major logistic consequences and would require amatching increase in logistic personnel, the acquisition of additional vehicles andother equipment, the construction of additional premises etc. The Committeenotes that it is difficult to be precise about these latter costs without knowing theoperational circumstances that would have caused the Secretary-General to judgethat there was a real need for additional military personnel and that woulddetermine where those military personnel would be located and how far theycould be supported by the existing logistics infrastructure of UNTAG.8. According to information received by the Advisory Committee, a roughestimate of the "calling-up" of the reserve battalions with logistic support unitstotalling 2,850 troops (7,500 less 4,650) is as follows:I...PAGI:: 2S7

S.~~~cnt q ne~ODDfrIff y TuW AdA -21WA rnuW& IWA TAACENTREA/43/997/Add.2EnglishPage 3(a) A non-recurrent cost in the amount of up to $82.2 million for emplacing thefour reserve battalions in Namibia. This upper limit is based on the assumptionthat the batallions would be emplaced at the same time, at seven days notice,including transportation, housing, vehicles, communciations and other equipment;(b) A recurrent monthly cost in the amount of $7.5 million, includingreimbursement to Governments, rations, maintenance of equipment and suppliesand services.

The Committee notes that those estimates are on the basis of a "worst-case"scenario.9. The civilian component comprises 500 police monitors, 761 substantive andadministrative staff (including 79 overload posts at Headquarters and 180electoral personnel for a four-month period), 820 locally recruited staff and 620electoral personnel provided by Governments. The Advisory Committee notesthat, for the reasons given in paragraph 11 (b) of the report, the number of policemonitors and electoral personnel may be subject to change and that "these factorscould lead to a request for additional funding".10. The Advisory Committee notes from the Secretary-General's report to theSecurity Council that it is assumed that "UNTAG will purchase goods andservices from local sources of supply in southern Africa whenever these are moreeconomical than sources of supply elsewhere. Any other assumption will call intoquestion the feasibility of the operation in the time-scale already decided by theCouncil, as well as increasing its cost." J/ The Advisory Committee understandsthe reasons behind the foregoing assumption of the Secretary-General and truststhat every effort will be made to have the widest possible sources of procurementconsistent with the requirements of the mandate, and economy and efficiency.11. The Secretary-General's report is supported by six annexes. Annex I, whichis reproduced below, provides a summary statement of the cost estimate, whileannex II provides more detailed information on the line items shown in annex I.12. The Advisory Committee undertook a careful and detailed examination of theabove estimates. In general, the Committee found the estimates to be wellprepared and justified on the basis of the available data. On balance, and bearingin mind the size of this mission and the many uncertainties that still exist, theCommittee does not object to the overall estimate of $416,162,000 gross putforward by the Secretary-General. In so stating, the Committee is cognizant thatthere are some areas for which additional resources may be required, such asthose referred to by the Secretary-General in paragraphs 11 (b) and (d) and 14 ofhis report (see paras. 6 and 9 above and para. 42 below). However, there are anumber of areas where it can be concluded that, for technical reasons, theassumptions upon which the estimates are based may in fact vary, with attendantsavings. In the paragraphs below, the Advisory Committee presents a number ofobservations on the detailed estimates submitted by the Secretary-General inannex II of his report.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 259A/43/997/Add. 2EnglishPage 4United Nations Transition Assistance Grou2 Summary statement of cost estimates(Thousands of United States dollars)1. MilitarY oersonnel costs(a) Personnel costs reimbursable to Governments 59 100(b) Death and disability awards 8 000

(c) Reimbursement for contingent-owned equipment 24 775(d) Daily allowance paid to troops 2 160(e) Mission subsistence allowance for militaryobservers 7 797(f) Clothing allowance for military observers 60(g) Emplacement, rotation and repatriation travel 16 180(h) Rations 8 796(i) Welfare 1 000 127 8682. Civilian staff costs(a) International staff salaries 25 081(b) Locally recruited staff salaries 7 380(c) Common staff costs 12 172(d) Mission subsistence allowance 29 757(e) Representation allowance 12(f) Emplacement and repatriation travel 9 409(g) Other official travel 1 335(h) Financial incentive 2 174(i) Personnel costs reimbursable to Governments 6 956 94 276I..

PAGE 260 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREA/43/997/Add.2EnglishPage 53. Construction and maintenance of premises(a) Site preparation and construction 21 000(b) Utilities 397(c) Prefabricated buildings and tentage 1750 23 1474. Acquisition of vehicles(a) Purchase 30 809(b) Lease 4 122(c) Repair and maintenance 8 718(d) Petrol 6 584(e) Vehicle insurance 515(f) Hire of mine-resistant vehicles 656(g) Workshop equipment 2 725 54 1295. Air onerations(a) Leasing of aircraft 43 480(b) Aviation fuel 3 695(c) Ground handling charges 345(d) Air-traffic control services and equipment 15000 62 5206. Communications eguiomant and related costs(a) Communications equipment 9 151(b) Communications supplies and spare parts 1 045(c) Test and workshop equipment 527

(d) Generators 1 293(e) Commercial communications requirements 3 13 366I...

REPRODUCED BY THE NAMIBIA COMMUNICA7IONS CENTREPAGE 261A/43/997/Add.2EnglishPage 67. Miscellaneous eauioment(a) Office furniture and equipment 2 430(b) Accommnodation and mess equipment 2 998(C) Observation equipment 1 470(d) Medical and Aental equipment 260(a) Field defence equipment and stores 869(f) Petroleum products, tanks, pumps and meteringequipment 610(g) Other equipment 1446 10 0838. Miscellaneous sugolies and services(a) Contractual and other services 787(b) General supplies 4 059(c) Third-party claims 1 000(d) Clothing, uniform and accoutrements 878(e) External audit services 40(f) Official hospitality is 6 7829. Air and sea freight(a) Charter of ships 8 000(b) Other freight costs 2 500 10 50010. pre-imylementation costs 45011. Provision for contingencies 3 50012. Staff assessment 9 541Total, lines 1-12 416 1613. Income from staff assessment 9 541

n~nuf~r~,,i-E5~ DV TLIC AlA LAIDIA t-nAanAIIAIIfArIf1RI~ (FAITRF PA(~tLbL nernijauL~zJ u. .'... ~ ..-.. . .~ -A/43/997/Add.2EnglishPage 713. As shown in the table above, military personnel costs are estimated at$127,868,000. Of this total, $59.1 million is for the personnel costs reimbursableto Governments for 4,350 troops (2,650 infantry and 1,700 logistics) for a periodof 386 days, with an overlap provision of 0.5 per cent for rotations. As stated inparagraph 12 (a) of the Secretary-General*s report (A/43/997/Add.1), "MemberStates providing infantry battalions and logistic units or police officers forUNTAG will be reimbursed on the same basis as those which contribute troops to

the United Nations Disengagement Observer Force (UNDOF) and the UnitedNations Interim Force in Lebanon (UNIFIL)".14. The Secretary-General's estimate for the reimbursement for contingent-ownedequipment amounts to $24,775,000 (or 30 per cent of the total value of $82.6million for such equipment). This is based on a standard four-year paymentschedule of 30 per cent for each of the first two years and 20 per cent each for thethird and fourth years. In general, once such equipment is completely paid for,title vests in the United Nations, but the equipment is usually returned to thecountry concerned, with its residual value being credited to the United Nationsagainst amounts owed to that Government. In the case of UNTAG, since theoperation is for one year only, Governments will be reimbursed for the use of theequipment, which under normal circumstances should not exceed 30 per cent ofthe value. In addition, provision is made for special valuation in individualcircumstances depending upon the condition of the equipment when introduced toUNTAG and its condition after one year. The Committee was informed, however,that the United Nations is not as yet in possession of a complete list of what willbe supplied by the troop-contributing countries. Nor, for that matter, has a finaldetermination and decision been made on which countries will supply troops andequipment. In the circumstances, the estimate should be considered as anindicative forecast only, based on standards developed by the United Nationsitself for this mission.15. The estimate for a mission subsistence allowance for the 300 militaryobservers amounts to $7,797,000, while the estimate for the same allowance forcivilian staff (international staff, civilian personnel provided by Governments, andField Service staff) totals $29,757,000. The Advisory Committee was informedthat the number of international staff receiving this allowance should correctlyread 682 in item 2 (d) (i) of annex II, since staff filling the 79 overload posts atHeadquarters (see para. 9 above) are not entitled to the allowance. The Committeewas further informed that the amount of $14,334,000 shown in the Secretary-General's report in respect of international staff represents payment to 682international staff. The Advisory Committee notes that this allowance will be paidat the rate of $80 per day for the first 60 days and $65 per day thereafter. In thisconnection, the Committee recalls that UNIIMOG military observers andinternational staff are paid at the full daily subsistence rate for the first 30 days,after which the rate is reduced. In response to inquiries, the Committee wasinformed that the amount of the mission subsistence allowance and the method ofpayment are determined at each mission on tne basis of the experience gained inthe first months. The Committee was further informed that the International CivilService Commission (ICSC) has yet to survey the UNTAG mission area andestablish official rates of daily subsistence allowance. Consequently, the above-mentioned rates of $80 and $65 have been set by the Secretary-General, inaccordance with existing regulations, following a mission to the area by atechnical survey team.I...PAGE 262 n,' %0Vrn ,.= ov Yi* , t "iRJ ,r..,, I,.,,.. ..............E

KCPtK )UF I'LI a T 1"" Ill M4MIDIJ *-WJIVVIV It!I, lJbI i Y~j~ADASDBAf~F~A~iIUnf~tflC rCAIrR PGE26A/43/997/Add.2EnglishPage 816. The estimate of $94,276,000 for civilian staff costs includes $25,081,000 forinternational staff salaries, $7,380,000 for locally recruited staff salaries, and$6,956,000 for personnel costs reimbursable to Governments. The latter, whichrelates to the pay and allowances of 500 police officers provided by Governmentsto UNTAG, is proposed to be paid at the same rate as troop costs reimbursement(see para. 13 above). The Advisory Committee notes that the assumptionregarding the reimbursement of police officers was included in the Secretary-General's report to the Security Council, I/ approved by the Security Council in itsresolution 632 (1989)17. The Advisory Committee understands that by virtue of this estimate theGeneral Assembly is being requested to approve the reimbursement of policecosts at the rates now being used to reimburse troop-contributors.18. The Advisory Committee notes that no reimbursement to Governments will bemade in respect of the 620 electoral personnel to be provided by Governments,since, as indicated by the Secretary-General in paragraph 12 (c) of his report(A/43/997/Add.l), "certain electoral personnel assigned to UNTAG will be madeavailable by the Member States concerned on the same basis as observersprovided to the United Nations Truce Supervision Organization (UNTSO)". Inthis connection, representatives of the Secretary-General explained that "certainelectoral personnel" referred to the 620 personnel to be provided by Governmentsand not to the full complement of 800 electoral personnel, which includes 180 fora four-month period as part of the 761 international personnel (see para. 9 above).In response to inquiry, representatives of the Secretary-General explained that the620 electoral personnel will arrive in Namibia approximately two to three weeksprior to the election and will leave once the election is finished, i.e. theirassignment in Namibia will be completed within one month. The primary taskwill be to supervise the polling process. As indicated in paragraph 9 above, theassignment of the 180 electoral personnel forming part of the international staffcomponent will be for four months. The Advisory Committee understands thatthese personnel will arrive after the first three months of UNTAG operations andbe present during the registration and campaign process prior to the election.19. The amount of $25,081,000 for international staff salaries relates to thecomplement of 761 international staff, comprising 396 at the Professional leveland above, and 365 at the General Service and related categories level. TheAdvisory Committee was informed that most of these posts would be filled fromwithin the United Nations system. A breakdown of these posts by category andgrade is provided in annex III to the Secretary-General's report, while annex IVshows the distribution of these posts by general function and mission location.The Committee was informed by representatives of the Secretary-General thatevery effort would be made to secure short-term replacements for the Secretariat

staff assigned to-UNTAG in order to avoid negative effect on prograneimplementation.20. As stated in paragraph 11 of the report, the mission is to be headed by theSpecial Representative of the Secretary-General, who will fill the Under-Secretary-General post shown in annex III. The remaining Professional and aboveposts comprise 2 ASG, 3 D-2, 20 D-1, 26 P-5, 293 P-4, 41 P-3 and 10 P-2 posts.I...PAGE 263

PAGE 264 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREA/43/997/Add.2EnglishPage 921. The estimate for civilian staff costs also includes $2,174,000 for financialincentive payments of "$3,600 per annum to some 406 staff members assigned tohardship locations within the mission areas and family visit (economy class)travel at an average cost of $2,000 per trip for 356 personnel". The granting of theincentive payment and its level are subject to review by ICSC (see para. 15above).22. The estimate for construction and maintenance of premises amounts to$23,147,000, the bulk of which ($21,000,000) is for site preparation andconstruction. As indicated in annex II, this amount includes not only the co3ts ofconstruction of living quarters for troops, office and working space at UNTAGheadquarters and some 51 electoral centres and sub-centres, but also provisionrelated to the troop contingents for the construction of roads, and essentialservices such as electricity and water lines, fencing and sewage installation.23. At its request, the Advisory Committee was provided with additionalinformation concerning this estimate. The Committee was informed that "fullbudgeting" was applied in this area on the assumption that no infrastructure wouldexist for use by UNTAG. The Committee appreciates the magnitude of the tasksto be performed; it also recognizes that precise estimates for various componentsmay be difficult to formulate and that previous experience on which specificcomparisons could be made may not exist. The Committee trusts that every effortwill be made to achieve economies and savings in this area; it also expects adetailed accounting of the expenditures incurred (see para. 45 below).24. The estimate for the acquisition of vehicles amounts to $54,129,000, of whichapproximately $30.8 million is for the purchase of 1,444 vehicles. A breakdownof the types of vehicles proposed for purchase is provided in annex II, whileannex V provides a distribution of the vehicles by functional unit. A breakdownof the 350 cars for the civilian staff (excluding those for the police) is given inannex VI.25. The Advisory Committee understands that the list of proposed vehicles to bepurchased does not take into account the voluntary contribution in kind of 115light vehicles and 52 mini-buses that has been accepted from the Federal Republicof Germany (see A/43/997/Add.1, para. 13). According to representatives of the

Secretary-General, a number of matters, including the actual valuation of thecontribution (preliminarily estimated at $2,350,000) and the date and means ofshipment etc., have yet to be agreed upon.26. In reviewing the list of vehicles proposed for purchase, the AdvisoryCommittee attempted to compare the types of vehicles and their respective unitprices with vehicles purchased for other missions. This was not always possible inview of the different names assigned to vehicles. For example, the AdvisoryCommittee notes that cars requested for the UNTAG mission are classified asheavy, medium or light, while those for the United Nations Angola VerificationMission (UNAVEM), UNDOF and UNIFIL are designated large and light sedans;UNIIMOG requires medium/heavy cars and light station wagonl. The AdvisoryCommittee believes that standardized terminology for vehicleg and equipmentshould be developed, which would facilitate comparisons. If an item is requiredthat differs from the standard, an explanation should be provided./...

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE265A/43/997/Add.2English Page 1027. The Advisory Committee sought clarification with regard to the 16 heavybusesat a cost of $133,000 each. In this connection, the Committee recalls that a heavybus for UNIFIL was listed at $63,500; for UIhIMOG the price was $75,000..Similarly, the heavy recovery vehicles for UNTAG cost $210,000 each, while theprice for a heavy recovery truck for UNIIMOG was listed at $150,000.Representatives of the Secretary-General informed the Committee that the heavybuses vary in estimated cost depending on the make, model, country ofmanufacture,specifications (tailored to operating conditions and road environment), seatingcapacity (40 to 65) and seating standard (long distance or local commuting).Because of the great distances likely to be travelled in the UNTAG area ofoperations, the cost estimate covers quite different specifications from thosebuses required in UNIFIL.28. Similarly, the specifications of heavy recovery vehicles vary from mission tomission, depending primarily on the magnitude of the maximum lift/recoverycapability required. If the mission runs very heavy vehicles, it needs heavyrecovery vehicles. It was also explained to the Advisory Committee that sinceUNIIMOG is a military observer mission, its heaviest vehicle is a passenger bus.UNTAG, on the other hand, has heavy military vehicles, an engineering plant andlong-distance heavy buses, and needs heavy recovery vehicles with high levels oflift/recovery capacity.29. Notwithstanding the size of the mission, the territory and the number ofelectoral centres and sub-centres, the Advisory Committee also queried thenumber of vehicles being purchased, and was provided with additionaljustification. The

Advisory Committee trusts that, as previously requested in its report onUNAVEM(A/43/249/Add.2), adequate provision will be made for the eventual disposition(including the possible transfer to other United Nations operations) of allequipment, including vehicles and workshop equipment (see para. 46 below).30. The Committee notes that the description of workshop equipment is toogeneralto permit an analysis of the costs involved. Recalling its view that estimates forthis item in other missions may have been overestimated, the Committee reiteratesits hopes that strict control and management of the related resources could lead tosavings.31. An amount of $62,520,000 has been included in the UNTAG budget for airoperations. Of this total, $43,480,000 relates to the leasing of 20 aircraft ofvarious types for one year; an additional $15,000,000 relates to air-trafficcontrol services and equipment.32. As stated under item 5 (a) of annex II, the aircraft are "required to provide,inter alia, medical evacuation throughout the mission area, liaison passengertransport, intra-mission passenger flights and logistics airflights and aerialreconnaisance". At its request the Advisory Committee was provided withadditionalinformation regarding these uses.I...

orponnircn R YV Til NAIfMIRIA COMMUNICATIONS CENTREA/43/997/Add.2EnglishPage 1133. The Advisory Committee notes that the budget provides for the leasing ofeight helicopters at a cost of $14,000,000 or $1,750,000 each. The AdvisoryCommittee sought clarification regarding the type of helicopter being requestedfor UNTAG as compared to those being used in the UNIFIL and UNIIMOGoperations and was informed that it is not appropriate to compare apparent costsof helicopter operation between UNIFIL and UNIIMOG.34. In the case of UNIFIL, the estimated cost of the helicopters covers the rentalof the aircraft only. In the case of UNIIMOG, the estimated cost of the helicopteroperation includes rental, positioning of aircraft, spare parts, maintenanceequipment, ground support equipment, and painting of aircraft etc. During thefirst finance period of UNIIMOG, the estimates included the cost of 12helicopters for approximately one month. Cost estimates for the 12-month periodbeyond8 February 1989 include costs for the same number of helicopters (that is, 12).35. For UNTAG, the helicopters being sought are the same type (i.e. Augusta-Bellmodel 205) as those sought for UNIIMOG, and as supplied at UNIFIL. Theprincipal cost differentials stem from the estimated number of flying hours peraircraft per month. In UNIFIL, for instance, the distances flown are small and onehelicopter is always held on stand-by for emergency medical evacuation

operations. This results in relatively small monthly flying hours. The estimatednumber of monthly flying hours per aircraft, in both UNIIMOG and UNTAG, isvery high because of the long distances involved.36. The Secretary-General discusses the estimate of $15,000,000 for air trafficcontrol services and equipment under item 5 (d) of annex II. As noted therein,"this estimate provides for the rental, maintenance and operation of the airportinfrastructures at five airports in the northern part of the mission area, at anaverage cost of $3,000,000 per airport". The Advisory Committee notes that theestimate covers not only the cost of meteorological and air traffic control services,but also a variety of equipment, briefly summarized under item 5 (d).37. Despite its queries, the Advisory Committee found it difficult to analyse thisestimate, which was prepared on the basis of full budgeting, that is, assuming thatall facilities would need to be provided by UNTAG. The Committee recognizesthat in view of the many elements and uncertainties involved, a more preciseestimate may not be possible at this stage. Consequently, while notrecommending a reduction in the estimate, the Committee reiterates itsexpectation, as expressed in paragraph 12 above, that every effort will be made toachieve economies in this area. It also expects that a detailed accounting of thecosts incurred will be provided (see para. 45 below).38. The communciation equipment requirements of UNTAG (the cost of which isestimated at $9,151,000) are listed under item .6 (a) of annex II. In addition toqueries concerning the justification for and/or the quantity of various items, theAdvisory Committee also sought clarification regarding the price of some of theequipment. For example, the cost of the satellite earth system of UNTAG,including its connection to the New York earth system is set at $700,000. Threeglobal communciations satellite earth stations for UNIIMOG were costed at$440,000 each.I...'RUCll Aeo n.,v.v..-u ,. .. ... . .... .. .. . ..

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 267A/43/997/Add.2English Page 12Conversely, the UNTAG budget provides for portable satellite earth stations at acost of $50,000 each, while the cost of a portable satellite earth station withaccessories in the UNAVEM budget was estimated at $120,000.39. The Advisory Committee was provided with information on the differencesbetween the various earth stations and understands that the UNTAG earth stationisconsiderably larger than those for UNZIMOG. The Committee inquired into thepossibilities of utilizing the UNAVEM unit for UNTAG and was informed thatthis was not considered practical in view of the anticipated volume of UNTAGcommunications traffic. Representatives of the Secretary-General also explainedthe differences

between the portable units proposed for UNTAG and the unit requested forUNAVEM.40. The Advisory Committee does not dispute these explanations. However, inkeeping with its observations in paragraph 26 above, the Advisory Committeebelieves that some method of standard classification should be devised so as toavoid misunderstandings regarding the equipment to be procured. Moreover, theAdvisory Committee expects to be kept informed of the Secretary-General's plansforthe eventual disposition of this costly equipment (see para. 46 below).41. The Secretary-General estimates a total of $8,000,000 for the charter of fourroll-on/roll-off vessels required for the transport of "the bulk of the vehicles,equipment and supplies required by the military component of UNTAG' (item 9(a) of annex II). in this connection, representatives of the Secretary-Generalinformedthe Committee that the deadline for arranging such charters in time for theemplacement of equipment and supplies by 1 April was imminent and that a delayin the approval of the financing of UNTAG might necessitate a reconsideration ofthismethod of transport.42. As mentioned in paragraph 3 above, the estimate of $416,162,000 gross doesnotinclude provision for the repatriation of Namibian exiles, which is to be carriedout by the Office of the United Nations High Commissioner for Refugees(UNHCR) as part of the UNTAG mandate. In this connection, the AdvisoryCommittee notes fromparagraph 14 of the report of the Secretary-General (A/43/997/Add.l) that theSecretary-General intends to launch a separate appeal for this operation. TheCommittee was informed that a pledging conference is planned in due course.However, the Secretary-General has also indicated that "he will not hesitate torecommend alternative arrangements if, contrary to his expectations, there is ashortfall in funding for the operations of the High Commissioner" (ihid.,para. 14). Upon inquiry, the Advisory Committee was informed that thealternativearrangements the Secretary-General would recommend would not rule out arequestthat the shortfall be assessed.43. The Advisory Committee was informed that for planning purposes a budgetofsome $US 38 million is proposed for standard UNECR assistance to returningrefugees, as follows: A/I...

AftEftDf~aie ,,rn DV TLIC AlA L9JDJA rnUMIIMIrATICINS CERITREA/43/gg7/Add.2English Page 13

Summary descroition of budget by sectorA. Food . . . . . ....... ...... ...... .....B. Transoort/logistics1. Local transportation ..........................2. International transportation .................C. Relief assistance1. Predevarture ..................................2. Post arrival ..................................D. Health ...o...................................... .E. Shelter .... .... .... .... .... .... ...o ......F. Rehabilitation .....................................G. Publicity and registration .........................H. Tracin ...........................................I. Overational oartner ................................ .J. Proaramme support and administration ...............Grand total$us5 220 0002 030 000 5 800 000 580 000 975 000UNECR will take appropriate action in due course 400 000 200 000 2 340 000 5378 652 38 458 65I...PAGE 268 W~n u - .. .... ...... ... ....

ffCrKAFWJU L.F aU I Urlwr Wf . .~...r..A/43/997/Add.2EnglishPage 14The Committee notes that the repatriation programme is an integral part of theUNTAG operation. In this connection the Advisory Committee understands thatthe repatriation programme will involve close co-operation with other UnitedNations agencies and organizations, including the United Nations DevelopmentProgramme, the United Nations Children's Fund, the World Food Programme andthe World Health Organization, and that follow-up activities will continue past theend of the mandate of UNTAG.Conclusion44. As mentioned in paragraph 12 above, the Advisory Committee believes thatalthough savings may be achieved in respect of a number of items of expenditure,additional requirements may arise in a number of other areas. It should also beborne in mind that, for a number of reasons, including the lack of previousexperience and the complexity of the operation, actual requirements for UNTAGmay be difficult to quantify clearly and fully at this stage. Consequently, as statedin paragraph 12 above, the Advisory Committee is not recommending a reductionin the Secretary-General's estimates.45. In the circumstances, the Advisory Committee requests that detailedperformance reports on the UNTAG budget be submitted to the General

Assembly at its forty-fourth and forty-fifth sessions. These reports should includethe latest detailed information possible on the pattern of expenditures incurred.They should also include information on the extent to which voluntarycontributions, both in cash and in kind, have been received. In this connection, theAdvisory Committee notes from paragraph 13 of the Secretary-General's report(A/43/997/Add.1) that he "appeals to all Governments to consider makingavailable voluntary contributions in support of the emplacement and continuingoperation of UNTAG". Moreover, it should be noted that the AdvisoryCommittee's recommendations on the Secretary-General's report containingtechnical guidelines relating to the treatment and valuation of voluntarycontributions (called for by the Assembly in its resolution 43/230 of 21 December1988) will be before the Assembly at its forty-fourth session.46. The Advisory Committee also believes that the plans of the Secretary-Generalregarding the disposition of equipment (see paras. 29 and 40 above) should besubmitted to it at its spring 1990 session and subsequently reflected in the secondUNTAG performance report (to be submitted to the General Assembly at itsforty-fifth session).47. Bearing in mind the above, the Advisory Committee recommends approval ofthe Secretary-General's estimate of $416,162,000 gross ($406,621,000 net) forUNTAG. This amount should be inclusive of the $450,000 authorized by theSecretary-General for pre-implementation expenses (see para. 3 above) and of$10 million that is being committed by the Secretary-General with theconcurrence of the Advisory Committee on Administrative and BudgetaryQuestions pursuant to Assembly resolution 42/227.PAGE 269n J#l D rU al mai - A IAR"Ml JUA 77iAMC rrIg'TRr

PAGE 270 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREA/43/997/Add.2English Page 15NotesI/ S/20412.Z/ S/20457.I/ S/20412, para. 57.I/ I.id., para. 56.I/ The Advisory Committee was informed that this is based on an estimate of58,000 refugees.

R E DKU U U L .U tY I " 111 1IV A MM ID I ' i..,jww i Uv n ji , u , n : . ... . . . .UNITEDNATIONSSecurity Council Distr.IV GENERALS/20470

23 February 1989ORIGINAL: ENGLISHLETTER DATED 21 FEBRUARY 1989 FROM THE SECRETARY-GENERALADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCILI have the honour to refer to paragraph 59 of my further report of23 January 1989 on the implementation of Security Council resolutions 435(1978) and 439 (1978) concerning the question of Namibia (S/20412) in which Isaid that. aruer consulting tie parties, I would seek the Security Council'sagreement to proposals for the composition of the military component ofUNTAG.Having now completed my consultations with the parties, I propose that thevarious units in the military component should be contributed by the followingcountries:(a) Infantry battalions: Bangladesh, Finland, Kenya, Malaysia, Togo,Venezuela, Yugoslavia.(b) Military Observers, Bangladesh, Czechoslovakia, Finland, India, Ireland,Kenya, Malaysia, Pakistan, Panama, Peru, Poland, Sudan, Togo, Yugoslavia.(c) Logistic Units: Australia, Canada, Denmark, Italy, Poland, Spain, UnitedKingdom.In addition, the logistic units will include civilian elements contributed by theFederal Republic of Germany and Switzerland.I should be grateful if you would bring this matter to the attention of the membersof the Security Council.(Sicned) Javier PEREZ de CUELLAR89-04990 0939a (E)PAr.F 771

/. A"anI A "IAAERlIAIf'AVIAM CrFATRfPAGE 272 K,'tKCUULc u I I nm ,vrwu . , . .. .. ........UNITED NATIONSo General Assembly Distr.~GENERAL28 February 1989ENGLISHORIGINAL: SPANISH,Forty-third session,Agenda item 154FINANCING OF THE UNITED NATIONS TRANSITION ASSISTANCEGROUPReport of the Fifth CommitteeR§2vorte: Mrs. Flor Acconciamessa de RODRIGUEZ (Venezuela)I. INTRODUCTION1. At its 88th plenary meeting, on 21 February 1989, the General Assemblydecided to include in the agenda of its forty-third session, and to allocate to theFifth Committee, the item entitled "Financing of the United Nations Transition

Assistance Group" and requested the Fifth Committee to reconvene to considerthat item.2. The Fifth Committee considered the item at its 54th to 58th meetings, on 21,23, 24, 27 and 28 February 1989. It had before it the report of the Secretary-General on the financing of the United Nations Transition Assistance Group(A/43/997/Add.l) and the related report of the Advisory Committee onAdministrative and Budgetary Questions (A/43/997/Add.2).II. CONSIDERATION OF PROPOSAL3. At the 58th meeting, on 28 February, the representative of Cameroonintroduced a draft resolution (A/C.5/43/L.24) and orally revised operativeparagraph 7 of the draft resolution to read as follows:"Requests the Secretary-General to make every effort to avail himself ofthe widest possible sources of procurement, consistent with the requirementsof the mandate and with economy and efficiency, taking into account therelevant General Assembly and Security Council resolutions and decisions;"4. At the same meeting, the Committee adopted the draft resolution, as orallyrevised, without a vote (see para. 6) on the understanding that by recommendingthe89-05420 0195P (E) /...A

RIPKO ULE DU B V 1 I"/"IVMIlI4 % HW lww'I'-'. .'--A/43/998EnglishPage 2appropriation in the amount of $416,162,000 the Committee agreed to -thereimbursement of police costs at the rates now being used to reimburse troopcontributors and that approval by the General Assembly would be given on anadhoc basis and should not constitute a precedent for future United Nationsoperations. It is also the understanding of the Fifth Committee that the relevantresolutions and decisions referred to in operative paragraph 7 of the draftresolution are those pertaining to the mandates of the General Assembly and themandates of the Security Council, in accordance with their respectivecompetence, in respect of procurement from sources of supply in southern Africa.5. Statements and observations made in the course of the Committee'sconsideration of the item are reflected in the relevant summary records of theCommittee (A/C.5/43/SR.54-58).III. RECO0MMENDATION OF THE FIFTH COMMITTEE6. The Fifth Committee recommends to the General Assembly the adoption ofthe. following draft resolution:FINANCING OF THE UNITED NATIONS TRANSITION ASSISTANCEGROUPThe General Assembly,Reffirmin the direct and legal responsibility of the United Nations forNamibia until independence, as indicated in its resolution 2145 (XXI) of27 October 1966 and its subsequent relevant resolutions concerning the

question of Namibia,Bearina in mind Security Council resolution 435 (1978) of29 September 1978, by which the Council established the United NationsTransition Assistance Group for a period of up to twelve months, as well asSecurity Council resolutions 629 (1989) of 16 January 1989 and 632 (1989) of16 February 1989,Having considered the report of the Secretary-General on the financing ofthe United Nations Transition Assistance Group I/ and the related report ofthe Advisory Committee on Administrative and Budgetary Questions, Z/Noting, as indicated in paragraph 5 of the explanatory statement of9 February 1989 1/ of the Secretary-General as approved by the SecurityI/ A/43/997/Add.l.2/ A/43/997/Add.2./ S/20457.PAGE 273

PAGE 274 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREA/43/998EnglishPage 3Council in its resolution 632 (1989), that the mandate of the militarycomponent of the United Nations Transition Assistance Group, as approved bythe Council in its resolution 435 (1978), remains unchanged,Considerin that, in the light of paragraphs 11 and 14 of the report ofthe Secretary-General 1/ and of the report of the Advisory Committee, inparticular paragraphs 6, 8, 9 and 42 of that report, and taking into accountthat the number of troops to be deployed initially would be 4,650 all ranks whileat the same time the figure of 7,500 would be maintained as the upperlimit, 4/ additional resources may be required for the implementation ofSecurity Council resolution 435 (1978) in its original and definitive form,Reoanizing that the costs of the United Nations Transition AssistanceGroup are expenses of the Organization to be borne by Member States inaccordance with Article 17, paragraph 2, of the Charter of the United Nations,Mindful of the fact that it is essential to provide the United NationsTransition Assistance Group with the necessary financial resources to enableit to fulfil its responsibilities under the relevant resolutions of theSecurity Council,Urgi all Member States to make every possible effort to ensure paymentof their assessed contributions to the United Nations Transition AssistanceGroup in full and on time, especially in view of the urgent need for and themagnitude of the start-up costs required for the Transition Assistance Group,Recognizing that in order to meet the expenditures caused by the UnitedNations Transition Assistance Group a different procedure is required from theone applied to meet expenditures of the regular budget of the United Nations,Taking into account the fact that the economically more developed

countries are in a position to make relatively larger contributions and that theeconomically less developed countries have a relatively limited capacityto contribute towards such an operation,Bearina in mind the special responsibilities of the States permanentmembers of the Security Council, as indicated in General Assembly resolution1874 (S-IV) of 27 June 1963, in the financing of the United Nations TransitionAssistance Group,Notina with appreciation that voluntary contributions have been made tothe United Nations Transition Assistance Group,!/ Were it necessary to deploy rapidly the reserve battalions with logistic supportunits totalling 2,850 troops, there would be a non-recurrent cost in the amount ofup to 82.2 million dollars for their emplacement, at seven days' notice, and arecurrent monthly cost in the amount of 7.5 million dollars.

**',) l I a41l t ,-.-l. I lAuV-An %AC.WUTDC PAG 27REPROUCEDt B r I HE~ IUF9IJDJ COM*~~A/43/998EnglishPage 41. Concurs with the observations, recommendations and conclusionscontained in the report of the Advisory Committee on Administrative andBudgetary Questions; 2/2. Decides to appropriate an amount of 416,162,000 United Statesdollars, inclusive of the amount of 450,000 dollars authorized by the Secretary-General for pre-implementation expenses and of the amount of10,000,000 dollars authorized with the concurrence of the Advisory Committee,under the terms of General Assembly resolution 42/227 of 21 December 1987, forthe operation of the United Nations Transition Assistance Group for its mandateperiod beginning on 1 April 1989 as authorized by the Security Council, bearingin mind that this amount corresponds, in part, to the deployment of 4,650 troopsall ranks of the authorized upper limit of7,500 troops all ranks, and requests the Secretary-General to establish aspecial account for the Transition Assistance Group;3. Decde, as an adhoc arrangement, to apportion:( ) An amount of 240,083,840 dollars for the above-mentioned periodamong the States permanent members of the Security Council in the proportionsdetermined by the scale of assessments for the years 1989, 1990 and 1991; A/(h) An amount of 165,091,465 dollars for the above-mentioned periodamong the economically developed Member States that are not permanentmembersof the Security Council in the proportions determined by the scale ofassessments for the years 1989, 1990 and 1991;(g) An amount of 10,786,919 dollars for the above-mentioned period amongthe economically less developed Member States in the proportions determined bythe scale of assessments for the years 1989, 1990 and 1991;(.) An amount of 199,776 dollars for the above-mentioned period to the

following of the economically less developed Member States in the proportionsdetermined by the scale of assessments for the years 1989, 1990 and 1991:Afghanistan, Angola, Antigua and Barbuda, Bangladesh, Belize, Benin, Bhutan,Botswana, Burkina Faso, Burundi" Cape Verde, Chad, Comoros, DemocraticYemen,Djibouti, Dominica, Ethiopia, Grenada, Guinea, Guinea-Bissau, Haiti, LaoPeople's Democratic Republic, Lesotho, Malawi, Maldives, Mali, Mozambique,Nepal, Niger, Papua New Guinea, Rwanda, Saint Kitts and Nevis, Saint Lucia,Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Senegal,Seychelles, Solomon Islands, Somalia, Sudan, Suriname, Uganda, UnitedRepublicof Tanzania, Vanuatu, Yemen and Zimbabwe;4. Decides that, for the purpose of the present resolution, the term"economically less developed Member States" in paragraph 3 (g) above shallmean all Member States except Australia, Austria, Belgium, the Byelorussian5/ See resolution 43/223 A.I...PAGE 275

W J AA BIDDA I-^ "JAhI IAIIf'A TIAIAIC t-CAPAGE 276 r,.rrMUuuWrCu a i nI ,V,4.,1,#V ..V.,V, .,,,A/43/998EnglishPage 5Soviet Socialist Republic, Canada, Czechoslovakia, Denmark, Finland, theGerman Democratic Republic, Germany, Federal Republic of, Iceland, Ireland,Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, SouthAfrica, Sweden, the Ukrainian Soviet Socialist Republic and the Member Statesreferred to in paragraphs 3 (a) and (f) above;5. Decides that, in accordance with the provisions of its resolution 973 (X) of 15December 1955, there shall be set off against the apportionment among MemberStates, as provided for in paragraph 3 above, their respective share in the TaxEqualization Fund of the estimated staff assessment income of 9,541,000 dollarsapproved for the above-mentioned period;6. inites voluntary contributions to the United Nations Transition AssistanceGroup both in cash and in the form of services and supplies acceptable to theSecretary-General to be administered, as appropriate, in accordance with theprocedure established by the General Assembly in section II of its resolution43/230 of 21 December 1988;7. Reauests the Secretary-General to make every effort to avail himself of thewidest possible sources of procurement, consistent with the requirements of themandate and with economy and efficiency, taking into account the relevantGeneral Assembly and Security Council resolutions and decisions;8. Reauests the Secretary-General to proceed without delay with the necessaryarrangements for the funding of the programme of repatriation of refugees andexiles, which is to be carried out by the Office of the United Nations High

Commissioner for Refugees, as indicated in paragraph 42 of the report of theAdvisory Committee, taking into account that the repatriation programme is anintegral part of the United Nations Transition Assistance Group operation;9. Reconizes that follow-up activities to the repatriation programme, includingassistance in the resettlement of refugees and exiles, are to be carried out byUnited Nations bodies, including, inter alia, the Office of the United Nations HighCommissioner for Refugees, the United Nations Development Programme, theUnited Nations Children's Fund, the World Food Programme and the WorldHealth Organization, and will continue past the end of the mandate of the UnitedNations Transition Assistance Group;10. Reguests the Secretary-General to take all necessary action to ensure that theUnited Nations Transition Assistance Group is administered with the maximum ofefficiency and economy, bearing in mind the relevant observations contained inthe report of the Advisory Committee;11. pecide to include in the provisional agenda of its forty-fourth session the itementitled "Financing of the United Nations Transition Assistance Group";I..°

PAGE 277REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREA/43/998EnglishPage 612. geauests the Secretary-General to submit to the General Assembly, atits forty-fourth and forty-fifth sessions, detailed performance reports on thebudget of the United Nations Transition Assistance Group, as recommended bythe Advisory Committee in paragraph 45 of its report.

PAGE 278 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREUNITED ANATIONS0General AssemblyDistr.GENERALA/RES/43/232'3 March 1989Forty-third sessionAgenda item 154RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY (on the report ofthe Fifth Committee (A/43/998)]43/232. Financina of the United Ntions Transition Assistance GrounThS General Assemblv,Reaffirming the direct and legal responsibility of the United Nations for Namibiauntil independence, as indicated In Its resolution 2145 (3&1) of 27 October 1966and its subsequent relevant resolutions on the question of Namibia,

1BeArIng in mind Security Council resolution 435 (1978) of 29 September 1978,by which the Council established the United Nations Transition Assistance Groupfor a period of up to twelve months, as well as Council resolutions 629 (1989) of16 January 1989 and 632 (1989) of 16 February 1989,Having considered the report of the Secretary-General on the financing of theUnited Nations Transition Assistance Group I/ and the related report of theAdvisory Committee on Administrative and Budgetary Questions, 2/atIng, as indicated in paragraph 5 of the explanatory statement of theSecretary-General of 9 February 1989 2/ approved by the Security Council in itsresolution.632 (1989), that the mandate of the military component of the UnitedNations Transition Assistance Group, as approved by the Council in its resolution435 (1978), remains unchanged,I/ A/43/997/Add.l.2/ X/43/9g7/Add.2.2/ S/20457.89-05798 1060Z (E)

ff.Aer,!X I~ rw vAlAR -fI f "iAAIIrA77n1MC CENTRE AE 7A/RES/43/232Page 2onslerino that, in the light of paragraphs 11 and 14 of the report of the Secretary-General I/ and of the report of the Advisory Committee on Administrative andBudgetary Questions, a/ In particular paragraphs 6, 8, 9 and 42 of that report, andtaking into account that the number of troops to be deployed initially would be4,650 all ranks while at the same time the figure of 7,500 would be maintained asthe upper limit, '/ additional resources may be required for the Implementation ofSecurity Council resolution 435 (1978) in its original and definitive form,Reognjo3ntiI that the costs of the United Nations Transition Assistance Groupare expenses of the Organization to be borne by Member States In accordancewith Article 17, paragraph 2,of the Charter of the United Nations,Mindfl of the fact that It is essential to provide the United NationsTransition Assistance Group with the necessary financial resources to enable it tofulfil its responsibilities under the relevant resolutions of the Security Council,Urging all Member States to make every possible effort to edsure payment oftheir assessed contributions to the United Nations Transition Assistance Group infull and on time, especially in view of the urgent need for and the magnitude ofthe start-up costs required for the Group,ecogniing that, In order to meet the expenditures caused by the UnitedNations Transition Assistance Group, a different procedure is required from theone applied to meet expenditures of the regular budget of the United Nations,Taking nto account the fact that the economically more developed countriesare in a position to make relatively larger contributions and that the economicallyless developed countries have a relatively limited capacity to contribute towardssuch an operation#laringj.d the special responsibilities of the States permanent members

of the Security Council, as Indicated in General Assembly resolution 1874 (S-IV)of 27 June 1963, In the financing of the United Nations Transition AssistanceGroup,foting with aVIreciation that voluntary contributions have been made to theUnited Nations Transition Assistance Group,1. .oncuzr with the observations, recommendations and conclusions contained inthe report of the Advisory Committee on Administrative and BudgetaryQuestionsl If2. Deci to appropriate an amount of 416,162,000 United States dollars,inclusive of the amount of 450,000 dollars authorized by the Sectetary-GeneralforI/ Were it necessary to deploy rapidly the reserve battalions with logistic supportunits totalling 2,850 troops, there would be a non-recurrent cost in the amount ofup to 82.2 million dollars for their emplacement, at seven days' notice, and arecurrent monthly cost in the amount of 7.5 million dollars.1...PAGE 279

fl DrLIE AlA SIAJOA fI^tAIAI IlAMIIA TMIAIAC rC*ITDOA/RES/43/232Page 3pro-Implementation expenses and of the amount of 10 million dollars authorizedwith the concurepId of the Advisory Committee on Administrative andBudgetary Questions. under the terms of General Assembly resolution 42/227 of21 December 1987, for the operation of the United Nations Transition AssistanceGroup for its mandate period beginning on 1 April 1989 as authorized by theSecurity Council- bearing in mind that this amount corresponds. In part. to thedeployment of 4,650 troops all ranks of the authorized upper limit of 7,500 troopsall ranks, and requests the Secretary-General to establish a special account for theGroup;3. D.cid.a, as an ad hoc arrangement, to apportion:(A) An amount of 240,083,840 dollars for the above-mentioned period among theStates permanent members of the Security Council In the proportions determinedby the scale of assessments for the years 1989. 1990 and 1991; A/(h) An amount of 165,091,465 dollars for the above-mentioned period among theeconomically developed Member States that are not permanent members of theSecurity Council in the proportions determined by the scale of assessments for theyears 1989, 1990 and 1992;(f) An amount of 10,786,929 dollars for the above-mentioned period among theeconomically less developed Member States in the proportions determined by thescale of assessments for the years 1989, 1990 and 19911( ) An amount of 199,776 dollars for the above-mentioned period to the followingof the economically less developed Member States in the proportions determinedby the scale of assessments for the years 1989, 1990 and 19911 Afghanistan.Angola, Antigua and Barbuda, Bangladesh, Belize. Bean, Bhutan, Botswana,Burkina Faso, Burundi, Cape Verde, Chad, Comoros, Democratic Yemen,

Djibouti, Dominica, Ethiopia. Grenada, Guinea, Guinea-Bissau, Haiti, LaoPeople's Democratic Republic, Lesotho, Malawi. Maldives, Mali, Mozambique,Nepal. Niger, Papua New Guinea, Rwanda, Saint Kitts and Nevis, Saint Lucia,Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Senegal,Seychelles. Solomon Islands, Somalia, Sudan, Suriname. Uganda. UnitedRepublic of Tanzania, Vanuatu, Yemen and Zimbabwe;4. De s that, for the purpose of the present resolution, the term"economically less developed Member States" in paragraph 3 (S) above shallmean all Member States except Australia, Austria, Belgium, the ByelorussianSoviet Socialist Republic. Canada, Czechoslovakia, Denmark, Finland, theGerman Democratic Republic. Germany. Federal Republic of, Iceland, Ireland.Italy, Japan, Luxembourg, the Netherlands, New Zealand. Norway. Poland. SouthAfrica, Sweden, the Ukrainian Soviet Socialist Republic and the Member Statesreferred to in paragraphs 3 (a) and (4) abovejI/ See resolution 43/223 A.I...PAGEF 280 n,_Rnuuu%.,' a l ! ~IIIIVll~UIlP ' w .,l ,..... AA

PAGE 281OP900MI rIn RY THE NAMIBIA COMMUNICATIONS CENTREA/RESI43/232Page 45. Decides that, in accordance with the provisions of its resolution 973 (X) of 15December 1955, there shall be set off against the apportionment among MemberStates, as provided for in paragraph 3 above, their respective shae in the TaxEqualization Fund of the estimated staff assessment Income of 9,541,000 dollarsapproved for the above-mentioned period;6. Tnvites voluntary contributions to the United Nations TransitionAssistance Group both in cash and In the form of services and supplies acceptableto the Secretary-General, to be administered, as appropriate, in adcordance withthe procedure established by the General Assembly in section 11 of Its resolution43/230 of 21 December 195887. Reguesta the Secretary-General to make every effort to avail himself of thewidest possible sources of procurement, consistent with the requirements of themandate and with economy and efficiency, taking Into account the relevantresolutions and decisions of the General Assembly and the Security Councilla. Also reguests the Secretary-General to proceed without delay with thenecessary arrangements for the funding of the programme of repatriation ofrefugeesand exiles, which Is to be carried out by the Office of the United Nations HighCommissioner for Refugees; as Indicated in paragraph 42 of the report of theAdvisory Committee on Administrative and Budgetary Questions, taking intoaccount that the repatriation programme is an integral part of the United NationsTransition Asistance Group operation;2. Recogniees that follow-up activities to the repatriation programme,

Including assistance In the resettlement of refugees and exiles, are to be carriedout by United Nations bodies, Including. Inrall&, the Office of the United NationsHigh Commissioner for Refugees, the United Nations Development Programme,the United Nations Children's Fund, the World rood Programme and the WorldHealth Organisation, and will continue past the end. of the mandate of the UnitedNations Transition Assistance Group;110. Reguests the Secretary-General to take all necessary action to ensure that theUnited Nations Transition Assistance Group is administered with the maximum ofefficiency and economy, bearing In mind the relevant observations contained Inthe report of the Advisory Committee on Administrative and BudgetaryQuestions;11. Decdes to include In the provisional agenda of Its fortT-fourth session theitem entitled "Financing of the United Nations. Transition Assistance Group'I12. Reuests the Secretary-General to submit to the General Assembly, at its forty-fourth and forty-fifth sessions, detailed performance reports on the budget of theUnited Nations Transition Assistance Group, as recommended by the AdvisoryCommittee on Administrative and Budgetary Questions in paragraph 45 of itsreport.89th glenary neetingI March 1989

PAGE 282 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRETC SCREC7AfPt-cNCfAL3 March 1989Excellency,on 16 February 1989 the Security Council adopted itsresolution 632 inter alia confirming its previous decision thatimplementation of the United Nations plan for Namibian independenceshould begin on 1 April 1989. Namibia has occupied a centralposition in the attention of the international community for a-number of years and the President of the Council on the adoption off~ho ramnlisterln VrWUIQ of this "hinzaVLU dOCeL01% to.'srda thefulfilment of our sacred trust".The resolution provides for a wide range of actions to ensurethe creation of an independent Namibia through free elections under thesupervision and control of the United Nations. To this end theresolution calls for the establishment of a United NationsTransition Assistance Group' (UNTAG) to assist theSacretary-General's Special Representative for Namibia to carry outthe Mandate entrusted upon him by the Security Council.The repatriation of Namibians will be the responsibility of theUnited Nations High Commissioner for Refugees, who will work inclone co-operation with my Speulal Representative for Namibia, and

the United Nations Transition Assistance Group. under the direction of mySpecial Representative. UWNHCR' financial requirement will be cought throughvoluntary f£aids in contrast to those of UNTAG, whichwill be met through assessed contributions.UWHCR.s initial financial requirement for the repatriationoperation is estimated at US3 38.5 million, as shown in the attachedbudget, which also provides a narrative explanation for each activity, including astaffing table. The initial number ofrepatriants during the transitional period is, for the purpose of planning, estimatedat 58.000, with 50,000 to be repatriated fromThe Permanent Representative of ..to the United NationsNew York. N.Y.

aaaaaaaaaa r I., : I*4|II $F'.UMM 1 IAIUiA T5~AIV ,ETDPAGE 283UNITED NATIONS _ NATIONS UNI-S-2Angola, 7,000 from Zambia and 1,000 from other countries. It is expected that therepatriantz will receive relief assistance as required throughout t1he tra:xsitionalperiod of twelve months. Following the upcoming registration exercise, atechnical as--zzment will be made of any further logistical requir.ements andrelated ret&iif madle, inalstlisny ri-heoitiatiQn. Th. result of this assessment willbe bioughi to your attention at a later stage.I shoUld like to appeal to your Govar-runent to support this historic UnitedNations task, to be undertaken by UIH(CR as an integral part of the UNTAGoperation. May I, therefore, urge you soon to announce a generous voluntaryfinancial contribution to ==hiR, so as to allow for the timely repatriation ofNamibia's many exiles to provide them with the necessary relief assistance in thenext months.In this connection, I am proposing to convene a pledging conference an 16 March1989.Please accept, Excellancy, the assurances of my highest. cons ide ration.Javier Pirez de CugllarPAG 2R

PAGE 284 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE16 March 1989Statement of UN High Commissioner for Refugees at Pledging Conference toFundRepatriation Programme for Namibians in Exile(Mr. Chairman,)I am honoured to address this Pledging Conference for UNHCR's programmefor tihe return of Namibian refugees. I am most grateful to theSecretary-General for having organ.ed this meeting and I should like tothank all Delegates who have takta the time to join us today.

We art now at the puint, over ten years after Security CouncilResolution No. 435 was passed, when Lht luJependence of the Namibian peopleis finally to be realized. This is a historic moment, and I feel veryprivileged that my office is to be closely associated with this achievement.As you know, UNHCK is assigned specific responsibility for the timelyrepatriation of Namibians now outside the crritory who, in the words of theoriginal proposal for a settlement, "will be permitted to return peacefullyand participate fully and freely in tho electoral process without risk ofarrest, detention, intimidation or imprisonment".Since 1978 UNHCR has been working very closely with the United NationsSecretariat and in parLicular with the Special Representative and hiscolleagues. This is an unique repatriation operation, for while UNHCR willoperate in accordance with the basic principles and the statutoryresponsibilities of my Office, we do so under the overall authority of theSpecial Representative and within the framework of UNTAG. Furthermore,unlike other rvpariations, returning refugees arenot so much reavailing themselves of the protection of their country oforigin as they are putting their faith in 01c arrangements foreseen on returnuntil the transition process is successfully compleLcd aud an independentgovernment can assure their proLu Lio&a. Safeguards on return and UNHCR'sprotection responsibility towards recurnweb are thus of particular importance.

DflI'It -fI -Vr~ I ~Dh(MA AW DACrAT PAGE 285-2Ily Office is currently engaged ini the final stages of planning and preparation ofthe practieml ostzan~ements for the return of a4miblans to their homeland, thegreaL ajoriry from Angola, but also from other countries. PotentiAl repatriantsare being informed ut UNHCR's forthcoming repatriatioq operation, andcandidates will be registered by UNHCR prior to their return. Refugees will betaken to departure points in the countries of asylum where they will embark unche journey home. It is expected that the great majority of the repatridlLb willreturn to Namibia by air. Reception facilities, basic health care and onwardtransport to their place of origin in Namibia will be organised by UNHCt ttid itsimplementing partners. While my Office has budgeted for the pruvivion of basicfood for the repatriants after their return, it is eApected that at least a part of thiswill be covered by the World Food programme. Ini agreement with the SpecialRepresentative of the Secrecary-GCenerl, UNHCR has cousidered it appropriateto defer assessment of the needb of rehabilitation assistance at this stage.UNKCR's planned budget, at some uS$ 38.5 million, will thus cover all theactivities which will ensure the timely return of Namibian refugees so that theycattake part in the essential pre-election process. For administrative reasonsUNHCR's financial requirements are sought through voluntary contributions.I whuuld like to recall how important it is to this operation that d4mdlIstd areuset. The repatriation operation is one of the key early cusapoanints of thetransition process and its successful Completion will, of course, be an importantindicator of wider progress. As the first of April is fast approaching, I should like

to ask of all Member States to provide very strong support for UNICR's part inachieving the independence of Namibia, and I thank you for your conLribuclousto my Office's budget of 38.5 million US dollars.(Thank you, Mr. ChairImn.)^n DD ' t " J rtO VT*"LH:A IA A lI D I . 'n&b lf lI A~i A "l nlAI CrX"I T RPAGE 285

BrDDflr~IIdCfl DY raw AlA UIAIA CfluulINlCATlAAI~ CFAITRE ~MUELOO n~..-n'-.----~ .-. -,-.....-..--. --,-.-.~.-. - - - - -Provision in thse under Resolution 439 for the repatriation of exiled N&a.%Liazs;u~nder the responslibility of U)M~CR. Preparation for repat~riation willcTV@nce 1prior to D day (I April 1989) while actual repatriation movemeontwill sttrt six weeks after D day.rot plan~ning purposes, am initial fCiure of 51,000 repatriants is foresIoonZacated &IS followas 50,000 in Angola, 7,000 in 2ambia and 1,000 alsewhers.The proposed budget of US$ 33,460,000 mnakes provision fortransportation# -tood and other eiandard mMCI assistance.ruxrchas* ad pr#-pooitiozng Of basic food in g&Mjbia pondLing delivery ."Of14F supplies5 Lacludia transportation andA handling costscalculationsI arebasek ofl the 1471 stantdard rations (aias, %ih oil, beans and *&lt). Thequa'ntition foresmeen Aa for uiz poAth5 in X&Alhi.kL12eal *n-g:Atat45Covers Pr " spaturZS treaspotatiofl ofrepatriamts from the present location to the point of departiu within the countriesof asylum ad f rom the point of arrival to the reception contras in the country oforigin.Provisionl is made for the purr-%a&* of three vehiclos to transport persons andbaqvjaqe in Zambia. in other countries it Is intended to Ibie yehiclos locally or topurchase Ifhiring Is not feasible.Xiriflq of vehiclesi required fortr&Axlportation of returnees from thereception contres to their home areas.us$ 5.22,0001.'uss 4,515.00OUSS 1.450.000I/t mis budget :in* might not be required if WPY food is pro-positioned iniq..mibia on timel: the overall financial requiremsnt would be adjustedaeardiagly.OCODAn"rs RV 7140 AIAMIBIA CO UNICATIONS CENTRPAGE -coo

~Mgu Va TLCIAIII fAAIAICTftcrM RPG 8flEFflMIC ARBJIJ1~ ~ IrLI^ ~ T26fl:f*VgSl VSTravil by air la pretently foresewn for

*2,000 zepatrianta and by road for t-ha rem&±nj.q 15.000. The &mountcovera travel from~ the departure point In the country of asyl=an to the mtrypoinat La the country of origin.USS 90500.0001?. >AEzZTANCrogg ~.n beveragt duripf the journey £ren~ the reSent location tp, at and ftro thetransit centröe packlag D44*ia~la for persoal hawae, purana&S ofdomatlO itetiIla.hiring of l.abourV at th* transit centra (cloani=9, . aoklujcL oft1@adiag, etc)*=ad purcbanw et other eapplåec In the countryof aaylum.iuppllca wid fervicec upon *rrival at the entzy point La the country et originasimilar te taget provided in the country of agy2WI.T=e intentionl ta both l=atancon Le to provide the bauic ~niatid# to Lacilltate anorderly429 CiLled departure aud, arrival.ZULL=Cavurg pre-dupartura and peut-arrival K*alth mervicet tur tM~ caneload, of51.000. la keepinq with UWäCx stazdard catin an amount of List 20 per persoa ta£orent&= för health care.returnecw vill ha eccomniodated I a Lting facilltimE and åja tenta at Lhereception centreaupnatrival La gamLia for a period not excceoalnq ena vvek prior to onvard travalto thalr final"kThe CM*Unp. P0tlCted, egh- a n tko onat of airt reihr of 5,000 tamtsaet vi53 75Cach 131 mix plana bcada from PakLutien ta Vami~bla at a cont LiSS 100.000 peplane-Ioad.TIS$ 2.030.000 LISS 5,800.00ust 580,000Ot 7S.00OPAGE 287

OAI~C ~OO DCOVAn",rfnc u DVLCiAAulAIA5rsIIAIICATIf)AIrAITDR- i1I -It Li stanar VVSCR practice to provide SJisr.&Rca to returnees tofacilitate Um.sir r~Latweration into the local ccmmuoitY. Activitis Undor thissector may take various forms (construction of shelter, provision ofaricutural tools and seeds. rehabilitation of soci&l Infrastructure, activitieswhich would promOte self-reltance otc) d.s1nding on local conditions andbearing n .ind the used to avoid cre&atin a privle6dgad group, particularlywithin the preseot political context. A proper asaaesment of the type ofrehatilittiofn ass taOnce required will be possible only after appropriate surveys inr-..bia- in tbo-coursO of 19g9.7r.1~ZT "D X3a2ZRr3J.~o

30.000 1egistration forms have been printed and will shortly be &irfreiqhtsd tocomuntris of anylum. Y.*dia coverage (newspaper. radio a=nnunceents)will be handled by UzICA Sepresentativues in countries concerned inaccordance with standard .procedures. PublicInformation activities include' a documentary film. booklet$. briefinq seminars.leaflets and poaters, the cee. of which will in some cases be shored with111301,Covers the cost of tracing relatives, leading to the reuzification of fazmilie.0o2X.1=AL IFAZ==fV=Cl' operational partner 1A Vailbia will be the Council of Churches forNamibia (Co). The budget covers rental of offices, provision of dispersal anddistribution centras, training and travel of operational partner staff, purchase oflight vahclas for their transportation, provision of ofice equ pment, staff salaries,*cc.Ma= OMZAMI Sam=O? A=D 3.A(~TZB210XCovers trXC1 staffing requirements and missions as val as other operatlOfal costssuch as staffaccommodation and vehicles, office space andequipment.GSA=Nf TOTALURcv WL12 take appropriate action In due courseUSS 400,000S$ 200.000USS 1,082,000USS 31,46O,00 ...............~KhA -C '20

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PAGE 292 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE00~hd0OuOVbd w~ > 41o ou fl1o2 p~ 01 o 24M U . 01 00hd L)0 r- I i *uu C.0 0. O AU0<2 C2 Au* 0*' C>O **5aI <5, 01e h0h0 hC00 Au- r 4 . .. 0 . . ... . . . .

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 293UNITEDNATIONSSecurity Council Distr.

GENERALS/20412/Add.116 March 1989ORIGINAL: ENGLISHFURTHER REPORT OF THE SECRETARY-GENERAL CONCERNING THEIMPLEMENTATION OF SECURITY COUNCIL RESOLUTIONS 435 (1978)AND 439 (1978) CONCERNING THE QUESTION OF NAMIBIAAddendum1. I wish to transmit to the Council the text of the Agreement between the UnitedNations and the Republic of South Africa concerning the Status of the UnitedNations Transition Assistance Group in Namibia (South-West Africa), done atNew York on 10 March 1989, which is annexed to the present report.2. I shall continue to keep Council members informed of any furtherdevelopments with regard to the establishment of the United Nations TransitionAssistance Group.89-06917 0841h (E) /"

PAGE 294 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/20412/Add.1EnglishPage 2AnnexAareement between the United Nations and the Republic of South Africaconcernino the Status of the United Nations Transition Assistance Grouo inNanibia (South-West Africa)I. DEFINITIONS1. For the purposes of this Agreement the following definitions shall apply:2. "UNTAG" means the United Nations Transition Assistance Group establishedpursuant to Security Council resolution 435 (1978) consisting of:(a) The "Special Representative" appointed by the Secretary-General of theUnited Nations pursuant to Security Council resolution 431 (1978). Any referenceto the Special Representative in this Agreement shall, except in paragraph 31,include any member of UNTAG to whom he delegates a specified function orauthority;(b) A "civilian section" composed of United Nations officials and of other personsassigned by the Secretary-General to assist the Special Representative;(c) A "military section" composed of military and civilian personnel assigned byparticipating States to serve as part of UNTAG.3. "Member of UNTAG" means any member of the civilian or military sectionbut, unless specifically stated otherwise, does not include locally recruitedpersonnel.4. "Participating State" means a State contributing personnel to the militarysection of UNTAG.5. "Territory" means Namibia (South-West Africa).

6. "Government" means the Government of the Republic of South Africaincluding the Administrator-General of the Territory, as well as all competentlocal authorities.7. "Convention" means the Convention on the Privileges and Immunities of theUnited Nations adopted by the General Assembly of the United Nations on 13February 1946.II. APPLICATION OF THIS AGREEMENT8. Unless specifically provided otherwise, the provisions of this Agreement andany obligation undertaken by the Government or any privilege, immunity, facilityor concession granted to UNTAG or any member thereof apply in the Territoryonly.

nrnzflnrirfnf DV Tr AlA MOM DIA rLUi~iJAflAAKl CTRF AE 9S/20412/Add.1EnglishPage 3III. APPLICATION OF THE CONVENTION9. The Convention shall apply to UNTAG, subject to the special provisionsspecified in this Agreement.10. Article II of the Convention shall also apply to the property, funds and assetsof participating States used in connection with UNTAG.IV. STATUS OF UNTAG11. Members of UNTAG shall refrain from any activity of a political nature in theTerritory and from any action or activity incompatible with the impartial andinternational nature of their duties or inconsistent with the spirit of the presentarrangements. The Special Representative shall take all appropriate measures toensure the observance of these obligations.12. The Government undertakes to respect the exclusively international nature ofUNTAG.Premises13. The premises referred to in section 3 of the Convention shall include thosemade available to UNTAG pursuant to paragraph 25 of this Agreement and anyother premises actually occupied or used by UNTAG.Taxation14. The Government undertakes to exempt UNTAG from general sales tax paidon all official UNTAG purchases for own use, excluding those for resale incommissaries.United Nations flag: vehicle markings15. UNTAG shall display the United Nations flag at or on its headquarters, campsand other premises, vehicles, vessels and otherwise as agreed to in consultationbetween the Special Representative and the Government. Other flags or pennantsmay be displayed only in exceptional cases and in accordance with conditionsprescribed by the Special Representative. The display of such flags or pennantsshall be subject to prior consultation with the Government.16. Vehicles, vessels and aircraft of UNTAG shall carry a distinctive UnitedNations identification, which shall be notified to the Government.

Communications17. UNTAG shall enjoy the facilities in respect of communications provided inarticle III of the Convention only for the purpose of executing its task as laiddown in Security Council resolution 435 (1978).I...PAGE 295

11# r ~nui~r wTC~A1fI fanAIA~II rI~rn~~~ sW~~~,Dno~Iv.. Oa, J M A a AO Pa ,.nwuJAn.., u J,,..n T u,..lwp ,.wAas.S/20412/Add.1EnglishPage 418. Subject to the provisions of paragraph 17, UNTAG shall have authority toinstall and operate radio-sending and receiving stations as well as satellite systemsto connect appropriate points within the Territory and United Nations offices inother countries, and to exchange traffic with the United Nations globaltelecommunications network; provided that the satellite systems shall be installedand operated by UNTAG only after consultation with the Government. Thetelecommunication services shall be operated in accordance with the InternationalTelecommunication Convention and Regulations, and the frequencies on whichany such station may be operated shall be decided upon in co-operation with theGovernment and shall be communicated by the United Nations to theInternational Frequency Registration Board.19. Subject to the provisions of paragraph 17, UNTAG shall enjoy, within theTerritory, the right to unrestricted communication by radio (including satellite,mobile and hand-held radio), telephone, telegraph, facsimile or any other means,and of establishing the necessary facilities for maintaining such communicationswithin and between premises of UNTAG, including the laying of cables and landlines and the establishment of fixed and mobile radio-sending, receiving andrepeater stations, provided that land lines and cables between premises of UNTAshall be laid only after consultation and agreement with the Government andprovided further that the frequencies on which the radio will operate shall bedecided upon in co-operation with the Government. It is understood thatconnections with the local system of telegraphs, telex and telephone may be madeonly after consultation and in accordance with arrangements with theGovernment, it being further understood that the use of the local system oftelegraphs, telex and telephones will be at rates and under conditions not lessfavourable than those applicable to comparable users.20. UNTAG may make arrangements through its own facilities for the processingand transport of private mail addressed to or emanating from members ofUNTAG. The Government shall be informed of the nature of such arrangements,and shall not interfere with or apply censorship to the mail of UNTAG or itsmembers. In the event that postal arrangements applying to private mail ofmembers of UNTAG are extended to transfer of currency or the transport of

packages and parcels, the conditions under which such operations are conductedshall be agreed with the Government.Travel and transnort21. UNTAG and its members shall enjoy, together with its vehicles, vessels,aircraft and equipment, freedom of movement within the Territory. The SpecialRepresentative shall consult in advance with the Government with respect to largemovements of personnel, stores or vehicles through airports or on railways orroads used for general traffic within the Territory. The Government undertakes tosupply UNTAG, where necessary, with maps and other information that may beuseful in facilitating its movements.22. Vehicles, including all military vehicles, vessels and aircraft of UNTAG shallnot be subject to registration or licensing by the Government provided that allsuch vehicles shall carry the third-party insurance required by relevant legislation.

arf R T l A I rAPAG l297S/20412/Add.1EnglishPage 523. UNTAG may use roads, bridges, canals and other waters, port facilities andairfields without the payment of dues, tolls or charges other than charges forservices rendered.Imports, exports and local gurchases by or for UNTAG24. (a) UNTAG may in terms of relevant legislation import into the Territory, orinto South Africa for direct transport to the Territory along routes prescribed bythe Government, free of duty or other restrictions, equipment, provisions, suppliesand other goods which are for the exclusive and official use of UNTAG or forresale in the commissaries provided for in paragraph 46.(b) UNTAG may also in terms of relevant legislation clear ex-customs and excisewarehouse, free of duty or other restrictions, equipment, provisions, supplies andother goods which are for the exclusive and official use of UNTAG or for resalein the commissaries provided for in paragraph 46.(c) All such equipment as far as it is still usable, all unconsumedprovisions, supplies and other goods so imported or cleared ex-customs andexcise warehouse which are not transferred, or otherwise disposed of on termsand conditions to be agreed upon, to the competent local authorities of theTerritory or to an entity nominated by them, shall be exported from the Territoryand from South Africa on completion of UNTAG's task.(d) To the end that such importation, clearances and exportation may be effectedwith the least possible delay, a mutually satisfactory procedure, includingdocumentation, shall be agreed between UNTAG and the Government.V. FACILITIES FOR UNTAG25. The Government undertakes to assist UNTAG as far as possible in obtainingand making available where applicable, premises, water, electricity and otherfacilities required at rates, dues or charges not less favourable than those chargedto comparable consumers or users and in the case of interruption or threatenedinterruption of service to give as far as is within its power the same priority to the

needs of UNTAG as to essential government services. Amounts due by UNTAGin this regard shall be settled on a basis to be agreed with the Government.UNTAG shall be responsible for the maintenance and upkeep of facilities soprovided.26. UNTAG shall have the right, where necessary, to generate, within itspremises, electricity for its use and to transmit and distribute such electricity.Provisions, supplies and services: sanitary arrangements27. The Government shall assist UNTAG as far as possible in obtainingequipment, provisions, supplies and other goods and services from sources withinthe Territory and, if necessary, within South Africa, required for its subsistenceand operations. In making purchases on the local market, UNTAG shall take thenecessary steps to avoid any adverse effect on the local economy.I...D I D V III'I " rMDRV "l'C lAA I r l A lAHIIIAIIr"A7l A lilC U TIDrPA gQ7

ftAI%%3 A=n DCDDIflhIIfl 2Y TUC MAARIRArAL4UIIAI~rAT7flAI~rVAffRF n ~ t5* % .-S/20412/Add.1EnglishPage 628. UNTAG and the Government shall co-operate with respect to sanitaryservices and shall extend to each other the fullest co-operation in mattersconcerning health, particularly with respect to the control of communicablediseases in accordance with international conventions. Recruitment of localpersonnel29. UNTAG may recruit locally such personnel as it requires. In the recruitmentof such personnel, UNTAG shall at all times act in close consultation with theGovernment. The Government undertakes, upon the request of the SpecialRepresentative, to assist UNTAG in the recruitment of such personnel. The termsand conditions of employment for locally recruited personnel shall be prescribedby the Special Representative.Currency30. The Government undertakes to make available to UNTAG againstreimbursement in mutually acceptable currency, South African currency requiredfor the use of UNTAG, including the pay of its members, at the rate of exchangemost favourable to UNTAG that is officially recognized by the Government.VI. MEMBERS OF UNTAGStatus31. The Special Representative, the Commander of the military section ofUNTAG and such high-ranking members of the Special Representative's staff asmay be agreed upon with the Government shall have the status specified insection 19 of the Convention provided that the privileges and immunities thereinreferred to shall be those accorded to diplomatic envoys by South African law.32. Officials of the United Nations assigned to the civilian section of UNTAG andwhose names are for that purpose notified to the Government by the Special

Representative shall be considered as officials within the meaning of section 17 ofthe Convention.33. Other persons assigned to the civilian section of UNTAG as well as civilianpersonnel assigned to the military section whose names are for the purposenotified to the Government by the Special Representative shall be considered asexperts on mission within the meaning of article VI of the Convention.34. Military personnel assigned to the military section of UNTAG shall have thestatus specially provided for in this Agreement.35. Locally recruited personnel shall enjoy only those privileges and immunitiesspecifically provided for them in this Agreement.I...

r~h,~rD ,Er D, TI~ABAIDIA fn""tA IrATInA#CrX (TDC AE qncrn~~~~Juu~~~AG 299n unn~..s "S-S/20412/Add.1EnglishPage 7Entry. residence and denarture36. The Special Representative and members of the civilian section of UNTAGshall, whenever so required by the Special Representative, have the right to enterinto, reside in and depart from the Territory, and as required for that purpose totravel in direct transit through South Africa from agreed points of entry and exit.The Special Representative shall notify the Government, and whenever possiblein advance, of the movement of any such member in transit to and from theTerritory.37. Members of the military section of UNTAG shall be exempt from passportand visa regulations and immigration inspection and restriction on entering into ordeparting from the Territory, and as required for that purpose on transiting SouthAfrica from agreed points of entry and exit along agreed routes and on agreedconditions provided that the Special Representative shall notify the Governmentin advance of the movement to or from the Territory of any such member. Theyshall be exempt from any regulations governing the residence of aliens in theTerritory, including registration, but shall not be considered as acquiring any rightto permanent residence in the Territory. For the purpose of such entry or departureor transiting of South Africa such members shall be required to have only: (a) anindividual or collective movement order issued by or under the authority of theSpecial Representative or any appropriate authority of a participating State; and(b) a personal identity card issued in accordance with paragraph 38 of thisAgreement, except in the case of first entry when the personal identity card issuedby the appropriate authorities of a participating State shall be accepted in lieu ofthe said UNTAG identity card.Identification38. The Special Representative shall issue to each member of UNTAG before oras soon as possible after such member's first entry into the Territory, as well as toall locally recruited personnel, a numbered UNTAG identity card, which shallshow full name, date of birth, title or rank, service (if appropriate) and

photograph. Except as provided in article VII of the Convention or in paragraph37 of this Agreement, such identity card shall be the only document required of amember of UNTAG.39. Members of UNTAG as well as locally recruited personnel shall be requiredto present, but not to surrender, their UNTAG identity cards upon demand of anappropriate official of the Government.Uniform and-arms40. Military members of UNTAG shall wear, while performing official duties, thenational military uniform of their respective States with standard United Nationsaccoutrements. The wearing of civilian dress by military members of UNTAGmay be authorized by the Special Representative at other times.Military members of UNTAG, members of the civilian police element of UNTAGand United Nations Security Officers designated by the Special Representativemay possess and carry arms while on duty in accordance with their orders.PAGI: 2gg

PAGE 300 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/20412/Add.1EnglishPage 8Permits and licences41. The Government agrees to accept as valid, without tax or fee, a permit orlicence issued by the Special Representative for the operation by any member ofUNTAG, including locally recruited personnel, of any UNTAG transport orcommunication equipment and for the practice of any profession or occupation inconnection with the functioning of UNTAG; provided that no licence to drive avehicle or pilot an aircraft shall be issued to any person who is not already inpossession of an appropriate and valid licence.42. Without prejudice to the provisions of paragraph 40, the Government furtheragrees to accept as valid, without tax or fee, a permit or licence issued by theSpecial Representative to a member of UNTAG for the carrying or use offirearms or ammunition in connection with the functioning of UNTAG.43. Members of UNTAG shall be exempt from taxation on the pay andemoluments received from the United Nations or from a participating State andany incomereceived from outside the Territory.They shall also be exempt from all other direct taxes, except the generalsales tax and municipal rates for services, and from all registration fees andcharges.Customs and fiscal regulations44. The Special Representative shall co-operate with the Government and shallrender all assistance within his power in ensuring the observance of the customsand fiscal laws and regulations of the Territory and of South Africa by themembersof UNTAG, in accordance with this Agreement.

45. Members of UNTAG shall in terms of relevant legislation have the right toimport free of duty their personal effects in connection with their arrival in theTerritory. They shall be subject to the laws and regulations of the Territory and,as appropriate, of South Africa, governing customs and foreign exchange withrespect to personal property not required by them by reason of their presence inthe Territory with UNTAG. Special facilities for entry and exit shall be granted bythe Government to regularly constituted units of the military section, providedthat it has been notified sufficiently in advance. On departure from theTerritory, members of UNTAG may, notwithstanding the above-mentionedexchangeregulations, take with them such funds as the Special Representative certifieswerereceived in pay and emoluments from the United Nations or from a participatingState and are a reasonable residue thereof. Special arrangements shall be made forthe implementation of these provisions in the interests of the Government and themembers of UNTAG.46. For the benefit of the members of UNTAG, but not of locally recruitedpersonnel, UNTAG may establish, maintain and operate commissaries at itsheadquarters and in camps. Such commissaries may provide goods of aconsumable

DroDr%"fIr DV ruC AIA LEWAr CAAuIAIrATIA'Cr; CATREPAGE 301S/20412/Add.1EnglishPage 9nature and other customary articles of small value. The Special Representativeshall take all necessary measures to prevent abuse of such commissaries and thesale or resale of such goods to persons other than members of UNTAG, and heshall give sympathetic consideration to observations or requests of theGovernment concerning the operation of the commissaries.Military police; arrest and transfer of custody: mutual assistance47. The Special Representative shall take all appropriate measures to ensure themaintenance of discipline and good order among members of UNTAG as well aslocally recruited personnel. To this end personnel designated by the SpecialRepresentative shall police the premises of UNTAG and such areas where itsmembers are deployed. Elsewhere such personnel shall be employed only subjectto arrangements with the Government and in liaison with it in so far as suchemployment is necessary to maintain discipline and order among members ofUNTAG.48. The military police of UNTAG shall have the power of arrest over the militarymembers of UNTAG. The personnel mentioned in paragraph 47 above may alsotake into custody any other person on the premises of UNTAG. Such otherperson shall be delivered immediately to the nearest appropriate official of theGovernment for the purpose of dealing with any offence or disturbance on suchpremises.

49. Subject to the provisions of paragraphs 31 and 33 officials of the Governmentmay take into custody any member of UNTAG:(a) When so requested by the Special Representative; or(b) When such a member of UNTAG is apprehended in the commission orattempted commission of a criminal offence. Such person shall be deliveredimmediately, together with any weapons or other item seized, to the nearestappropriate representative of UNTAG whereafter the provisions of paragraph 54shall apply mutatis mutandis.50. When a person is taken into custody under paragraph 48 or paragraph 49 (b),UNTAG or the Government, as the case may be, may make a preliminaryinterrogation but may not delay the transfer of custody. Following such transfer,the person concerned shall be made available upon request to the arrestingauthority for further interrogation.51. UNTAG and the Government shall assist each other in carrying out allnecessary investigations into offences in respect of which either or both have aninterest, in the production of witnesses and in the collection and production ofevidence, including the seizure of and, if appropriate, the handing over of thingsconnected with an offence. The handing over of any such things may be madesubject to their return within the terms specified by the authority delivering them.Each shall notify the other of the disposition of any case in the outcome of whichthe other may have an interest or in which there has been a transfer of custodyunder the provisions of paragraphs 48, 49 and 50./...PAGE 01

D ^nfDrtl IPEr Dv TrLIr AI A AIDI A enAAAI IAIIfA TlAAIc r'AtTRfS/20412/Add.1EnglishPage 1052. The Government shall ensure the prosecution of persons subject to its criminaljurisdiction who are accused of acts in relation to UNTAG or its members which,if committed in relation to the forces of the Government, would have renderedsuch acts liable to prosecution.Jurisdiction53. All members of UNTAG including locally recruited personnel shall beimmune from legal process in respect of words spoken or written and all actsperformed by them in their official capacity. Such immunity shall continue evenafter they cease to be members of or employed by UNTAG and after theexpiration of the other provisions of this Agreement.54. Should the Government consider that any member of UNTAG has committeda criminal offence, it shall promptly inform the Special Representative andpresent to him any evidence available to it.Subject to the provisions of paragraph 31:(a) If the accused person is a member of the civilian section or a civilian memberof the military section, the Special Representative shall conduct any necessarysupplementary inquiry and then agree with the Government on whether the

United Nations should institute disciplinary proceedings or the Governmentinstitute prosecution. Faill" such agreement, the question shall be resolved asprovided in paragraph 59 of this Agreement;(b) Military members of the military section of UNTAG shall be subject to theexclusive jurisdiction of their respective participating States in respect of anycriminal offences which may be committed by them in the Territory.55. If any civil proceeding is instituted against a member of UNTAG before anycourt of the Territory the Special Representative shall be notified immediately,and he shall certify to the court whether or not the proceeding is related to theofficial duties of such member.(a) If the Special Representative certifies that the proceeding is related to officialduties, such proceeding shall be discontinued and the provisions of paragraph 57of this Agreement shall apply.(b) If the Special Representative certifies that the proceeding is not related toofficial duties, the proceeding may continue. If the Special Representativecertifies that a member of UNTAG is unable because of official duties orauthorized absence to protect his interests in the proceeding, the court shall at thedefendant's request suspend the proceeding until the elimination of the disability,but for not more than ninety days. Property of a member of UNTAG that iscertified by the Special Representative to be needed by the defendant for thefulfilment of his official duties shall be free from seizure for the satisfaction of ajudgement, decision or order. The personal liberty of a member of UNTAG shallnot be restricted in a civil proceeding, whether to enforce a judgement, decision ororder, to compel an oath or for any other reason.I...rAut 3UZ ncr-n

S/20412/Add.1EnglishPage 11Deceased members56. The Special Representative shall have the right to take charge of and disposeof the body of a member of UNTAG who dies in the Territory, as well as thatmember's personal property located within the Territory, in accordance withUnited Nations procedures.VII. SETTLEMENT OF DISPUTES57. Except as provided in paragraph 59, any dispute or claim of a private lawcharacter to which UNTAG or any member thereof is a party and over which thecourts of the Territory do not have jurisdiction because of any provision of thisAgreement shall be settled by a standing Claims Commission to be established forthat purpose. One member of the Commission shall be appointed by theSecretary-General of the United Nations, one member by the Government and aChairman jointly by the Secretary-General and the Government. If no agreementas to the Chairman is reached within thirty days of the appointment of the firstmember of the Commission, the President of the International Court of Justicemay, at the request of either the Secretary-General of the United Nations or the

Government, appoint the Chairman. Any vacancy on the Commission shall befilled by the same method prescribed for the original appointment, provided thatthe thirty-day period there prescribed shall start as soon as there is a vacancy inthe chairmanship. The Commission shall determine its own procedures, providedthat any two members shall constitute a quorum for all purposes (except for aperiod of thirty days after the creation of a vacancy) and all decisions shall requirethe approval of any two members. The awards of the Commission shall be finaland binding, unless the Secretary-General of the United Nations and theGovernment permit an appeal to a tribunal established in accordance withparagraph 59. The awards of the Commission shall be notified to the parties and,if against a member of UNTAG, the Special Representative or the Secretary-General of the United Nations shall use his best endeavours to ensure compliance.58. Disputes concerning the terms of employment and conditions of service oflocally recruited personnel shall be settled by the administrative procedures to beestablished by the Special Representative.59. Any other dispute between UNTAG and the Government, and any appeal thatboth of them agree to allow from the award of the Claims Commissionestablished pursuant to paragraph 57 shall, unless otherwise agreed by the parties,be submitted to a tribunal of three arbitrators. The provisions relating to theestablishment and procedures of the Claims Commission shall apply, mutatismutandis, to the establishment and procedures of the Tribunal. The decisions ofthe Tribunal shall be final and binding on both parties.VIII. SUPPLEMENTAL ARRANGEMENTS60. The Special Representative and the Government may conclude supplementalarrangements to this Agreement.I...PAGE 303

S/20412/Add.1EnglishPage 1261. The Special Representative and the Government shall take appropriatemeasures to ensure close and reciprocal liaison at every appropriate level.IX. NATURE AND DURATION OF AGREEMENT62. This Agreement is concluded for the sole purpose of assisting in theimplementation of Security Council resolution 435 (1978) and has no b?aringupon the respective positions of the parties concerning the status of the Territory.63. This Agreement shall enter into force upon signature by or for the Secretary-General of the United Nations and the Government.64. This Agreement shall remain in force until the departure of the final elementof UNTAG from the Territory except that:(a) The provisions of paragraphs 53 and 59 shall remain in force;(b)have been submitted

The provisions of paragraph 57 shall remain in force until all claims settled thatarose prior to the termination of this Agreement and were prior to or within threemonths of such termination.In witness whereof the undersigned, duly authorized representatives of theUnited Nations and the Government, respectively, have signed this Agreement intwo copies in English.Done at New York on 10 March 1989.FOR THE UNITED NATIONS: (jjgne) Martti AHTISAARIFOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA: (Signd) Jeremy B. SHEARAR/.o.DCDDAflI itrfl U V TJ.IC FdA AAIRIA rAULII IMICA TI()AI~ CENTREoconl a y"A'M rQM "N llIIICA I ONS CE......

ffCrnitiFA ,r a I 'l7 iv..1vu0ip, LJ.lIVI FlVI,"i "S/20412/Add.1EnglishPage 13AppendixMemorandum of understandingIn the course of the negotiations between the United Nations and South Africarelating to the Agreement concerning the Status of the United Nations TransitionAssistance Group in Namibia, understandings were reached between the Partiesconcerning the interpretation and application of certain provisions of theAgreement. Those understandings are set forth in the present memorandum.In relation to Daracraph 29With regard to the recruitment of local personnel it is understood that UNTAGwill engage in the direct recruitment of local staff on as wide a basis as possible,having regard to the need to secure the highest standards of efficiency,competence and integrity, in accordance with the Secretary-General'sresponsibility under Article 101 of the Charter. In this connection UNTAG willconsult inter alia with the South African Government which may assist it to obtainappropriately qualified local staff.In relation to Paragraph 54(i) In regard to the exercise of jurisdiction under paragraph 54 (b) by theparticipating States in respect of any criminal offences, the UnitedNations will obtain in its relationship agreement with each participatingState which assigns such members to UNTAG an undertaking that it is ableand willing to exercise the required jurisdiction.Should a participating State fail within a reasonable time to take steps to exercisethe required jurisdiction in any particular case, including arrest and detentionwhen appropriate, and should the accused remain in the Territory, he shallbecome subject to local criminal jurisdiction.(ii) The Special Representative shall, within a reasonable period, inform theGovernment whether a participating State has exercised jurisdiction in aparticular case and if so he shall inform the Government of the outcome

thereof.(iii) A participating State may at any time request the Government, through theSpecial Representative, to exercise criminal jurisdiction in general inall cases or in a particular case.(iv) In any case where a member of UNTAG is subject to local criminaljurisdiction the Special Representative shall make such member available for anycriminal proceedings that may be instituted against such member.DAr_9 inr,

ftAP.2l Dffh-- VrE l URArUIAIATnI IR r &UNITED NATIONSSecurity Council Distr.GENERALS/20412/Add. 230 March 1989ORIGINAL: ENGLISHFURTHER REPORT OF THE SECRETARX-GESERAL CONCERNING THEIMPLEZENTATIONOr SECURITY COUNCIL RESOLUTIONS 435 (1978) AND 439 (1978)CONCERNING THE QUESTION OF NAMIBIAPursuant to paragraph 60 of my report of 23 January 1989 (6/20412), I wroteidentical letters to South Africa and the South West Africa People's Organisation(SWAPO) On 14 March 1959 proposing that the formal cease-fire should begin at0400 hours Greenwich mean time on I April 1989. 1 requested both parties toinform me in writing no later than 22 March 1989 of their agreement to abide bythe formal cease-fire. Through letters dated 21 March 1989 and 18 March 1989respectively, South Africa and SWAPO confirmed their agreement to abide by theformal cease-fire from the date and time proposed.89-08204 0740e (E)Sv 0902nn"rrn Rv THP NAM18 rQ UNICATIONS CENTR

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 307For information media -riot an of flicialrecord........................................................................................................................................... ....Note No. 4758fRev.lz30 March 1989NOTE TO CORRESPONDENTSINFORMATION FOR USE BY MEDIA CORRESPONDENTS WISHING TOENTER NAMIBIA TO COVER UNTAG ACTIVITIESNationals of countries normally needing visas to enter Namibia are required toobtain a visa from South African Consular Services.

Those correspondents wishing to cover United Nations activities will have to beaccredited by the Information Service of the United Nations Transition AssistanceGroup (UNTAG) in Windhoek.Transmission facilities -- telex, telefax, telephone -- are available primarily inWindhoek, in public and private locations.Radio quality lines are not available. However, the telephone is quite reliable.Television facilities are rather limited. However, some private entrepreneurs aresetting up facilities for use by correspondents. Satellite will have to be booked onfacilities being set up by the South African Broadcasting Corporation with thehelp of Telkom-Namibia.Correspondents will be well advised to bring with them raw stock. Although somestock is available at present, increased demand may create shortages.Hotel rooms are scarce. Prior reservation is a must.All media representatives must be accredited through the UNTAG PressOffice, Room 207, Kalahari Sands Hotel (telephone: 36900, ext. 171; facsimile32706). (The Administrator-General's Office also requires accreditation to workas a journalist within the Territory.) All visits to military installations for thepurpose of talking with or filming UNTAG personnel must be cleared in advancethrough the UNTAG Press Office. This office, in turn, will obtain the necessarymilitary clearances for access to the installation and permission to photograph orfilm.While within the military installation, media representatives will be escorted byan UNTAG information officer.This revision contains new information in the last three paragraphs...................................... ..........................1920P

NAMIBIAESSENTIAL DOCUMENTS OF THE UNITED NATIONS' INDEPENDENCEPLAN 1976-89Section 33

DcbDfQr fl I T vrTUJrAA A.IRIA CA FJUI CA rIONC CENITREAEIssued in New York on 13 July 1988PRINCIPLES FOR A PEACEFUL SETTLEMNT IN SOUTH-HESTERNAFRICAThe Governments of the People's Republic of Angola, the Republic of Cuba andthe Republic of South Africa have reached agreement on a set of essentialprinciples to establish the basis for peace in the south-western region of Africa.They recognise that each of these principles is indispensable to a comprehensivesettlement.A. Implementation of resolution 435 (1978) of the Security Council of the

United Nations. The parties shall agree upon and recommend to the Secretary-General of the United Nations a date for the comencement of Implementation ofUnited Nations Security Council resolution 435 (1978).B. The Governments of the People's Republic of Angola and of the Republic ofSouth Africa shall, in conformity with the dispositions of resolution 435 (1978) ofthe Security Council of the United Nations, co-operate with the Secretary-Generalwith a view towards ensuring the independence of Namibia through free and fairelections, abstaining from any action that could prevent the execution of saidresolution.C. Redeployment towards the north and the staged and total withdrawal ofCuban troops from the territory of the People's Republic of Angola on the basis ofan agreement between the People's Republic of Angola and the Republic of Cubaand the decision of both States to solicit the on-site verification of that withdrawalby the Security Council of the United Nations.D. Respect for the sovereignty, sovereign equality and independence ofStates and for territorial integrity and inviolability of borders.Z. Non-interference in the internal affairs of States.F. Abstention from the threat and utilization of force against the territorialintegrity and independence of States.G. The acceptance of the responsibility of States not to allow theirterritory to be used for acts of war, aggression, or violence against other States.H. Reaffirmation of the right of the peoples of the south-western region ofAfrica to self-detrmination, Independence, and equality of rights.I. Verification and monitoring of compliance with the obligations resultingfrom the agreements that may be established.J. Commitment to comply in good faith with the obligations undertaken in theagreements that may be established and to resolve the differences vianegotiations.I.°.PAGE 208

PAGE 309 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREK. Recognition of the role of the permanent members of the Security Council ofthe United Nations as guarantors for the implementation of agreements that maybe established.L. The right of each State to peace, development and social progress.M. African and international co-operation for the settlement of the problems ofthe development of the south-western region of Africa.N. Recognition of the mediating role of the Government of the United States ofAmerica.

nVf-f-f ,'I 5,rri v TL r A A RAIDIA IfI "Af1ArUPAIC 1-9 YIC PAGE 310Aqreed on 5 August 1988 but only made public by the South African Governmenton4 April 1989 as an annex to Security Council Document S/20566

Protbof M finevaDelegations representing the Governments of the Peoplea Republic Of Angola/Republic of Cuba, and the Republic of South Africa. meeting in Geneva,Cvitmorland, 2-5 August 1988, with the mediation of Dr. Chester A. Crocker,Assistant tecretary of State for African Affairs, United Statem of America, haveagreed as follo$ve1. Each side agrees to reco'end to the Secrstarr-Ceneral of the United sat-oae thatI November 1988 be establi aed as the date for implmentatlo5 of UJSCR 433/78.2. Eack sie agrose to the establishment of a target date for sIgnature of thetripartite agreement a.wong Angola. South Africa* and Cuba not later than 10September 1988.3. tach aide agrees that a schedule occeptable to &2l parties fe theredep2loyment toward the North az4 the ateod amd total withdraval of Cubantroops from Angola must be established by Angola aad Cuba, who will requeston-site verification by the security Council of the United Nations. The partiesaccept2 September 18 as the target date for reaching agreement on that schedule a=d l1related matters.4. The complete withdrawal of South African forces from Angola shall begin notlater than 10 August 1958 and be completed aot later than I September 1988.5. The partiee undertake to adopt the necessary Measures of restraint tn order tonaintain the existing de facto cessation of hostilities. South Africa stated It&willingness to convey this conldtmant In writing to the Secretary-Gener&l of theUnited Nations. Angola ad Cuba shall urge SMUAO to proceed lkewiss &e s stopprior to the ceasefire conteplated In resolution 433/75 which will be esta&blshedprior to 1 November 1988. Angola and Cuba shall use their good offices so that*once the .total withdrawal of South African troops from Angola Is completed. andvithin the context also of the cessation of hostilities In lfamlaba, SWAPO's forceswill. be deployed to the north of the 16tb parallel. The parties deemed itappropriate that, during the period before I November 1988, a representative ofthe United Nations Secretary-General be present In Lu ada to take cognisance ofany disputes relative to the cessation of hostilities and agreed that the combinedmilitary counittee contemplatod In paragraph 9 can be an appropriate venue forreviewing complaints of this nature that may arime.6. As of 10 August 1988. no Cuban troops w131 deploy or be south of the lineChi tado-Ruac.ane-Calue que-Faulla-CuLma to-N' Oiv. Cuba furthermore statedthat upon completion of the withdrawal of the 8outb African troops from Angolanot later than I September 1988 and the restoration by the People's Republc ofAngola of its sovereignty over Its interna=tonal boundariea, the Cuban troops villnot take part in offensive operations In the territory that Iles east of meridln 17end south of parallel 15 degrees, 30 inutes, provided that they are not subjoct tok&raasment.I...PA P RI(

Ai--FkEl 211 I ID-CftDn fI DV I-l AlA AIDIA r ^IAA"IIAlufAa -rATDC7. Following the complete withdrawal o South African forces from Angola, theGovernment of Angola Shall guarantee measures for the provision of water andpower supply to Namibia.A. With a view toward mini niing the risk of battlefLeld Incidents andfacilitating ezehanqe of technical Information related to implementation of theagreements reached, direct comrnications shall be established not later than 20Auqust 1988 between the respective military commanders at appropriatebeadquartere along the Anola/l arbia border.9. Each side recognizes that the period from I September 198, by which timeSouth African forces vahl have completed their withdrawal from Xngola, and thedate established for implementation of UNSCI 433. is a period of particularsensitivity, for which specific guidelines for military activities are presentlylacking. In 4g~e ntserest of maintaining the ceasefire and maxLmL2ing theConditions for the orderly Introduction of UNTA. the sides agree to establish acombined military conmittee to develop additional practical measures to buildconfidence and reduce the rLsk of unintended Incidents. They Invite United Statesmembership on thecommittee.10. Each side vill act In accordance with the Governors Island principles,Including paragraph I (non-Lnterference In the Internal affairs of states) andparagraph G (the acceptance of the responsibility of states not to alloy theirterritory to be used for acts of war, aggression, or violence against other states).?0 THE GOVER*=T Of THE r0! TE G0VZ xz4*T or TxZ rot Tzz Gcvz3amT Or TuzPZOPL'S RZPU3L2C OF REPUtLXC OF CUSAt tZPUBLIC OFSOUTH ATRICAtANGOL&IA~Geneva* 5 August 133DA d -I 4

0cDoflfli rCn nV TU1 AA 18RI CO~lA IAICA TIONSI Ci TPPPAE 1UNITED NATIONSGeneral Assembly Security Council GENRAka l VA/43 /521 S/2010911 August 1988 ORIGINAL: ENGLISHSECURITY COUNCIL Forty-third yearGENERAL ASSEMBLYForty-third session Item 29 of the provisional agenda* QUESTION OFNAMIBIANote verbale dated 10 Aucust 1988 from the Permanent Mission of the UnitedStates to the United Nations addressed to the Secretary-GeneralThe Permanent Representative of the United States of America to the United

Nations presents his compliments to the Secretary-General of the United Nationsand has the honour to enclose the joint statement issued on 8 August 1988 by theGovernments of the People's Republic of Angola, the Republic of Cuba, theRepublic of South Africa, and the United States of America, and to request thatthe text of this statement be circulated as an official document of the GeneralAssembly, under item 29 of the provisional agenda, and of the Security Council.A/43/150.88-20101 0497b (E)PAGE 312

242 PJ~~PPEPROD(rs RV TJ4F AMAIB CO MUNICATIONSCENTREA/43/521S/20109EnglishPage 2ANNEXJoint statement issued on 8 Auoust 1988 by the Governments ofAnaola. Cuba. South Africa and the United States of AmericaDelegations of the People's Republic of Angola, the Republic of Cuba, theRepublic of South Africa, and the United States of America met from 2 to5 August 1988, in Geneva, Switzerland, to continue their efforts to find a peacefulsolution for the conflict in southwestern Africa.Building on progress made at London, Cairo, and New York, the negotiations inGeneva were detailed, positive, and productive. The delegations of Angola, Cuba,and South Africa agreed on a sequence of steps necessary to prepare the way forthe independence of Namibia in accordance with Security Council resolution 435(1978), and to achieve peace in southwestern Africa.They agreed to recommend to the Secretary-General of the United Nations thedate of 1 November 1988 for the beginning of the implementation of SecurityCouncil resolution 435 (1978). The parties approved, ad referendum to theirrespective Governments, the text of a tripartite agreement that embodies, inbinding treaty form, the principles negotiated at Governor's Island in New YorkCity and formally approved by Governments on 20 July 1988. On their side,Angola and Cuba reiterate their decision to subscribe to a bilateral accord whichwill include a timetable acceptable to all parties for the staged and totalwithdrawal of Cuban troops from Angola. The parties have undertaken to reachagreement on this timetable by1 September 1988.The parties approved a comprehensive series of practical steps that willenhance mutual confidence, reduce the risk of military confrontation, and createthe conditions in the region necessary to conclude the negotiations. With theapproval of these measures, a de facto cessation of hostilities is now in effect. Thefull effects of these measures will become apparent in the weeks ahead.The next round of negotiations at the level of senior officials will take placeduring the week of 22 August, with the exact date and venue to be established. All

the delegations expressed their appreciation for the superb facilities and supportextended by the Government of Switzerland.n A.M E 3 4 *3

DCD0nff l RVr TLW ?JAUIfRIA A 11MlrATIARIC rAJ rDV PUNITED NATIONSSecurity Council Distr.GENERALS/2012917 August 1988ORIGINAL: ENGLISHLETTER DATED 17 AUGUST 1988 FROM THE REPRESENTATIVES OFTUNISIA AND ZAMBIA ADDRESSED TO THE SECRETARY-GENERALWe, the representatives of the States mentioned below, have the honour totransmit the enclosed letter dated 12 August 1988 addressed to Your Excellencyby Dr. Sam Nujoma, the President of the South West Africa People'sOrganization (SWAPO).We request that the enclosure be circulated as a document of the Security Council.(Sigznd) I. Z. CHABALACharge d'affaires a.i.Permanent Mission of the Republic of Zambia to the United Nations88-20611 0508b (E)(Signed) M. Ahmed GHEZAL Ambassador/Permanent Representative PermanentMission of Tunisia to the United NationsIo.PA ;F : lA

PAGE 315 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/20129EnglishPage 2AnnexLetter dated 12 August 1988 from the President of the South WestAfrica Peonle's Organization addressed to the Secretary-GeneralIt is now nearly 10 years since the United Nations Security Council resolution 435(1978) was adopted.In my letter dated 8 September 1978 addressed to your predecessor, I statedSWAPO's views on the various aspects of the Secretary-General's report,containing the United Nations Plan, submitted to the Security Council pursuant tothe relevant provisions of resolution 435 (1978) concerning the decolonization ofNamibia.During the ensuing years since the adoption of resolution 435 (1978), I have onmany occasions and in various places reiterated SWAPO's unassailable positionof goodwill, flexibility and a spirit of compromise whenever serious efforts were

made aimed at ensuring progress and speeding up the independence of Namibia,through the implementation of the said resolution.It is hardly my intention here to overstate the case about SWAPO's credibilitywhich is well-known to all men of reason and honesty. But I can say in fullconfidence that it has all along been SWAPO's willingness to make the necessaryconcessions, while at the same time remaining committed to the letter and spirit ofSecurity Council resolutions 385 (1976) and 435 (1978), that the continuingefforts to implement these seminal resolutions are still on course, in spite of manyyears of despicable provocations, repeated demonstrations of bad faith, a lack ofsincerity and endless recourse to condemnable prevarication on the part of SouthAfrica.Since Your Excellency's assumption, in 1982, of the High Office of the Secretary-General of the United Nations, I have continued to send numerouscommunications to you in which I have time and again reiterated SWAPO'sreadiness to co-operate with the United Nations and in particular with you andyour staff concerning the signing of a cease-fire agreement with South Africa asthe first vital step in the implementation of the United Nations Plan for theindependence of Namibia, as endorsed in resolution 435 (1978).In this connection, I would like to recall Your Excellency's latest reports to theSecurity Council contained in documents (S/18767) of 31 March 1987 and(S/19234) of 27 October 1987. These reports, as the previous ones had done,clearly and categorically corroborated my contentior that SWAPO has never beenfound equivocating on any serious matter relating to cease-fire, composition andemplacement of UNTAG in Namibia or willingness to co-operate with the UnitedNations.In paragraph 5 of resolution 601 (1987), the Council decided "to authorize theUnited Nations Secretary-General to proceed to arrange a cease-fire betweenSouth Africa and the South West Africa People's Organization in order toundertake administrative and other practical steps necessary for the emplacementof the United Nations Transition Assistance Group (UNTAG)".I...

DCDD'II .rri D TIC iA IIDIAfALAI ~d~A r~~tcfrAT~rPAGE 31S/20129EnglishPage 3Once again, immediately following the adoption of that resolution, I promptlysent a letter dated 1 November 1987 to Your Excellency reassuring you ofSWAPO's readiness to sign and observe a cease-fire, on the basis of resolution435, provided that the South African rigime is going to have to do likewise.Now we have reached a most decisive stage concerning the independence ofNamibia which demands of us all to make earnest efforts, in good faith, towardshastening the peace process in the South West African region.Your Excellency, it is with this deep concern in mind that I have decided to writeto you at this time.

SWAPO, which derives its legitimacy from the persistent and overwhelmingsupport of the oppressed people of Namibia as the leader in the liberationstruggle, has earned the universal recognition as the sole and authenticrepresentative of the fighting masses of our embattled country.It is this popular and continuing support from the masses which assures therank and file of our movement that the thousands of our best sons and daughterswho have sacrificed and are sacrificing their precious lives in the struggle shallnot have died in vain.The legacy of their courage and heroism is what gives us confidence andstrengthens our determination to continue providing leadership with courage andimagination to act decisively in war and in peace with the sole purposes of savinglives, defending the interest of our people and seizing all favourable opportunitiesto give back to them the power to exercise their inalienable right to self-determination, freedom and independence.Against this background of both setbacks and of tremendous progress in theheroic struggle, I wish to inform Your Excellency that SWAPO has by its ownsovereign and unilateral decision, as a national liberation movement, inaccordance with the spirit of the Geneva agreement reached by the Partiesparticipating in the Quatripartite talks, committed itself to take the necessary stepsto help make the peace process in the South West African Region irreversible andsuccessful.In this context, SWAPO has agreed to comply with the commencement of thecessation of all hostile acts which started as of 10 August 1988 in Angola. By thesame token, SWAPO will be ready to continue to abide by this agreement untilthe formal cease-fire, under resolution 435, is signed between SWAPO and SouthAfrica, thereby triggering the implementation process.The cessation of SWAPO's combat actions against the South African Forces inNamibia will only hold provided South Africa also shows the necessary politicalwill to do the same.In order to enhance the prospects for peace and tranquillity in the country and tocreate appropriate conditions for the speedy implementation of resolution 435,South Africa should be called upon to refrain from committing any acts ofrepression against SWAPO members and supporters inside Namibia during thisperiod.I...DEnD/%e O ErIDV "riJ AI A M IIA h"JlAIID ef "AII flA 7InM I T rl' lPA F :11 ;

D9RflflhItTh RY TU~ PJARAIAIA CflRRRMINICAT1flAI~ CENTRES/20129EnglishPage 4In welcoming the fixing of 1 November 1988 as the firm date for thecommencement of the implementation of resolution 435, SWAPO would like tourge Your Excellency to avail your good offices of the opportunity created in the

current preliminary phase of the cessation of acts of hostilities by initiatingconsultations with the parties concerned.(Signed) Sam NUJOMAPresident of SWAPOBAtI'C 247REPRQD"r' Rv THE NAMIBIA CO UNICATIONS CENTRE

Dcr~lflhfrs Rvy KNWA 181RAC UNMAII~CATlAOlS C1AITRFAEUNITED NATIONSGeneral Assembly Security Council Distr.A/43/964 S/20325 14 December 1988 ORIGINAL: ENGLISHSECURITY COUNCIL Forty-third yearGENERAL ASSEMBLY Forty-third session Agenda item 29 QUESTION OFNAMIBIANote verbale dated 14 December 1988 from the Chara4 d'affaIres pA.of the Permanent Mission of the United States of America to theUnited Nations addressed to the Secretary-GeneralThe Acting Permanent Representative of the United States of America to theUnited Nations presents his compliments to the Secretary-General and has thehonour to enclose the Protocol of Brazzaville, which was signed by theRepresentatives of the Governments of the People's Republic of Angola, theRepublic of Cuba, and the Republic of South Africa on 13 December inBrazzaville, and to request that the text of this statement be circulated as anofficial document of the General Assembly, under agenda item 29, and of theSecurity Council.88-33232 0563c (E)PAGE 318

PAGE319 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREA/43/964S/20325EnglishPage 2ANNEXProtocol of BrazzavilleDelegations representing the Governments of the People's Republic of Angola,the Republic of Cuba, and the Republic of South Africa,Meeting in Brazzaville with the mediation of the Government of the United Statesof America,Expressing their deep appreciation to the President of the People's Republic of theCongo, Colonel Denis Sassou-Nguesso, for his indispensable contribution to thecause of peace in Southwestern Africa and for the hospitality extended to thedelegations by the Government of the People's Republic of the Congo,Confirming their commitment to act in accordance with the Principles for a

Peaceful Settlement in Southwestern Africa, initialled at New York on 13 July1988 and approved by their respective Governments on 20 July 1988, each ofwhich is indispensable to a comprehensive settlement; with the understandingsreached at Geneva on 5 August 1988 that are not superseded by this document;and with the agreement reached at Geneva on 15 November 1988 for theredeployment to the Northand the staged and total withdrawal of Cuban troops from Angola,Urging the international community to provide economic and financial support forthe implementation of all aspects of this settlement,Agree as follows:1. The parties agree to recommend to the Secretary-General of the UnitedNations that 1 April 1989 be established as the date for implementation of UnitedNations Security Council resolution 435 (1978).2. The parties agree to meet on 22 December 1988 in New York for signature ofthe tripartite agreement and for signature by Angola and Cuba of their bilateralagreement. By the date of signature, Angola and Cuba shall have reachedagreement with the Secretary-General of the United Nations on verificationarrangements to be appproved by the Security Council.3. The parties agree to exchange the prisoners of war upon signature of thetripartite agreement.I...

DrOf~rI I cr DVTUCAlAAAIIA AAAAI AU~ A ~r1A~ CAIDC Ar- 12A/43/964 S/20325English Page 34. The parties agree to establish a Joint Commission in accordance with theannex attached to this protocol.FOR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF ANGOLA:Antonio dos Santos Franca Deputy Minister of DefenseFOR THE GOVERNMENT OF THE REPUBLIC OF CUBA:Ricardo Alarcon de Quesada Vice-Minister of Foreign AffairsFOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA:Roelof F. Botha Minister of Foreign AffairsBrazzaville,.13 December 1988DCDD0^n'"l -Cn DV rTJCA ODR iAIA rfAA"1fII AIi"rA7T"IfA0Cr " tTDC

D~flDIEF~ DV ?Ljr AlA BAIDIA ,f~EAAAI5AIII'ATIAAI( f~AITQ~ ~& Iflarn%,is5.fla.. U~ *& Uwfluflflflfl LflUflr. . .-..-A/43/964S/20325EnglishPage 4APPENDIXAnnex on the Joint Commission1. With the objective of facilitating the resolution of any dispute regarding theinterpretation or implementation of the tripartite agreement, the parties hereby

establish a Joint Commission, which shall begin its work upon signature of thetripartite agreement.2. The Joint Commission shall serve as a forum for discussion and resolution ofissues regarding the interpretation and implementation of the tripartite agreement,and for such other purposes as the parties in the future may mutually agree.3. The parties invite the United States of America and the Union of SovietSocialist Republics to participate as observers in the work of the Commission.Furthermore, the parties agree that, upon the independence of Namibia, theNamibian Government should be included as a full member of the JointCommission. To that end, the parties will extend a formal invitation to theNamibian Government to join the Joint Commission on the date of Namibianindependence.4. The Joint Commission shall be constituted within thirty days of the signing ofthe tripartite agreement. The Joint Commission shall establish its own regulationsand rules of procedure for regular meetings and for special meetings which maybe requested by any party.5. The decision by a party to discuss or seek the resolution of an issue in theJoint Commission shall not prejudice the right of that party to raise the issue, as itdeems appropriate, before the Security Council of the United Nations or to pursuesuch other means of dispute resolution as are available under international law.6. The Joint Commission shall in no way function as a substitute for UNTAG(including the monitoring role of UNTAG outside Namibia) or for the UnitedNations entity performing verification in Angola.DCftO^r%"#-1 nvrur AjA 101A '-QAAAA"A11rAT1QA1C rFAITREPAGE 32 1

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 322UNITED CNATIONSSecurity Council Distr.kGENERALS/2033617 December 1988ENGLISHORIGINAL: SPANISHLETTER DATED 17 DECEMBER 1988 FROM THE PERMANENTREPRESENTATIVE OFANGOLA TO THE UNITED NATIONS ADDRESSED TO THE SECRETARY-GENERALTaking into account the fact that the Republic of South Africa has formally agreedto accept the implementation of Security Council resolution 435 (1978) as from 1April 1989, we have the honour, on behalf of our Governments, to inform youthat it is the intention of the People's Republic of Angola and the Republic ofCuba to sign on 22 December 1988 an agreement between the two countrieswhich provides for the redeployment to the north and the withdrawal of the Cuban

internationalist troops from the territory of the People's Republic of Angola inaccordance with a timetable agreed upon by both countries.The agreement stipulates that the People's Republic of Angola and the Republicof Cuba shall request the Secretary-General of the United Nations that verificationbe made in the field that, once the agreed time-limits for their redeployment to thenorth have expired, there are no Cuban troops south of the agreed lines and thatverification be made, at the ports and airports selected, of the embarkation of thetroops and also of the entry of the necessary relief personnel until the withdrawalof the Cuban internationalist troops from Angolan territory.In accordance with this, we have the honour to request you to take theff4cessary steps to recommend to the Security Council that a United Nationsmilitary observer group be set up in order to carry out this mandate, in conformitywith the agreements which the representatives of our two countries have reachedwith the Secretariat.We request that this letter be circulated as a document of the Security Council.For the People's Republic of Angola(Signed) Manuel Pedro PACAVIRAAmbassador88-33586 0618g (E)

DCDDAAIII'Cfl DV TU~ AlA UIRIA rAL4UIIAIICATIflPJ~ C~FJTRFUNITED SNATIONSSecurity Council-iq Distr.,GENERALS/2033717 December 1988ENGLISHORIGINAL: SPANISHLETTER DATED 17 DECEMBER 1988 FROM THE PERMANENTREPRESENTATIVE OFCUBA TO THE UNITED NATIONS ADDRESSED TO THE SECRETARY-GENERALTaking into account the fact that the Republic of South Africa has formally agreedto accept the implementation of Security Council resolution 435 (1978) as from 1April 1989, we have the honour, on behalf of our Governments, to inform youthat it is the intention of the People's Republic of Angola and the Republic ofCuba to sign on 22 December 1988 an agreement between the two countrieswhich provides for the redeployment to the north and the withdrawal of the Cubaninternationalist troops from the territory of the People's Republic of Angola inaccordance with a timetable a~reed upon by both countries.The agreement stipulates that the People's Republic of Angola and the Republicof Cuba shall request the Secretary-General of the United Nations that verificationbe made in the field that, once the agreed time-limits for their redeployment to thenorth have expired, there are no Cuban troops south of the agreed lines and that

verification be made, at the ports and airports selected, of the embarkation of thetroops and also of the entry of the necessary relief personnel until the withdrawalof the Cuban internationalist troops from Angolan territory.In accordance with this, we have the honour to request you to take thenecessary steps to recommend to the Security Council that a United Nationsmilitary observer group be set up in order to carry out this mandate, in conformitywith the agreements which the representatives of our two countries have reachedwith the Secretariat.We request that this letter be circulated as a document of the Security Council.(Sianed) Oscar ORAMAS OLIVAAmbassador, Permanent Representative88-33568 0645i (E)09Rnr VHNIBr NCTOSCNR

DrDff~rlI If~fl OV TLJC AIA "MIIA frhRn IAIrA TIAA1Cr ITDCA 7UNITED SNATIONSSecurity Council Distr.qGENERALS/2033817 December 1988ORIGINAL: ENGLISHREPORT OF THE SECRETARY-GENERAL1. On 17 December 1988 the Secretary-General received letters from thePermanent Representatives of Angola and Cuba which have been circulated asdocuments S/20336 And S/20337. In their letters the two PermanentRepresentatives informed the Secretary-General that, taking into account the factthat South Africa had formally undertaken to accept the implementation ofSecurity Council resolution 435 (1978) with effect from 1 April 1989, it was theintention of their two Governments to sign, on 22 December 1988, an agreementproviding for the redeployment northwards and the withdrawal of Cuban troopsfrom the territory of Angola, in accordance with a timetable agreed between thetwo countries, and for verification by the United Nations of the implementation ofthe relevant provisions of the agreement. The two Permanent Representativesaccordingly asked the Secretary-General to take the necessary steps torecommend to the Security Council that a group of United Nations militaryobservers be set up to carry out this mandate, in accordance with the agreementswhich representatives of the two countries had already reached with theSecretariat.2. The present report is submitted in order to help the Security Council toconsider how it might respond to the request transmitted to it, through theSecretary-General, by Angola and Cuba. The report reflects the results ofdiscussions which the Secretary-General has conducted in recent days withdelegations from Angola and Cuba about how such an observer mission might bearried out, if the Security Council decides to accept the two Governments' request.

3. The mandate of the observer mission would be to verify the redeploymentnorthwards and the phased and total withdrawal of Cuban troops from theterritory of Angola in accordance with the timetable agreed between Angola andCuba. It is recommended that, if the Council decides to accede to the request ofAngola and Cuba, an observer group should be set up to carry out this mandate inthe manner described in the following paragraphs.4. The authorities of Angola and Cuba have informed me that the bilateralagreement between them will provide for the withdrawal of Cuban troops to beginon1 April 1989 ("D-Day") and to be completed 27 months after that date. They havefurther informed me that the two Governments have agreed that 3,000 Cubantroops will be withdrawn before 1 April 1989, beginning in the month of January.The88-33604 0575e (E)PA FR24

nr,~iutr.l l Oa T ArI ORllilDIA IflAA IAIIA TI AIC f"dAIrTS/20338EnglishPage 2duration of the mission's mandate would thus be approximately 31 months,beginning seven days before the beginning of Cuban troop withdrawal and endingone month after the completion of the withdrawal.5. The observer group, which would be known as the United Nations AngolaVerification Mission (UNAVEM), would be under the command of the UnitedNations, vested in the Secretary-General, under the authority of the SecurityCouncil. The command in the field would be exercised by a Chief MilitaryObserver (CMO), with the rank of Brigadier-General, appointed by the Secretary-General with the consent of the Security Council. The C0 would be responsible tothe Secretary-General. The Secretary-General would keep the Security Councilfully informed and would submit to it reports on the functioning of the Mission atregular intervals, taking into account the timetable for withdrawal agreed betweenAngola and Cuba. All matters which might affect the nature or the continuedeffective functioning of the Mission would be referred to the Council for itsdecision.6. UNAVEM would be composed of:(a) A number of unarmed military observers provided by certain Member States,at the request of the Secretary-General. The Member States would be selected inconsultation with Angola and Cuba and with the Security Council, bearing inmind the accepted principle of equitable geographical distribution;(b) Civilian support personnel, who would as a rule be provided by theSecretary-General from existing United Nations staff and who would follow therules and regulations of the United Nations Secretariat.7. UNAVEM would be organized into:(a) A headquarters located at Luanda;

(b) A number of international military teams deployed at the ports and airports tobe used for the departure and arrival of Cuban troops;(c) A number of international military teams to be deployed by D-Day plus fourmonths at locations relatively close to the line of the 15th parallel as adjusted andby D-Day plus seven months at locations relatively close to the line of the 13thparallel as similarly adjusted. I/8. To enable UNAVEM to verify both the redeployment northwards of Cubantroops and their withdrawal from Angola, the following concept of operationswould be used:(a) As soon as UNAVEM became operational, the 040 would receive from theAngolan and Cuban authorities the following information:(i) The total number of Cuban troops present in Angola. The information onthe main technical equipment to be withdrawn would be given as providedin paragraph 8 (b) below;I***r/A%3C.2&;) Rci-numvUr r #V^OVII

flCoonnrbfhtXf RVyTU9 AA URIArnUUIm~rATAAKr E-AlRFPAGE 326S/20338EnglishPage 3(ii) Details of the timetable for the withdrawal of troops, including theports and airports to be used;(b) The Angolan and Cuban authorites would give the CMO at least seven days'advance notification of each departure of Cuban troops and/or equipment and ofany rotation of troops which might take place and of the ports and/or airports tobe used in each case. The CM0 would deploy, on a permanent basis, a number ofteams at Angolan ports and airports to verify the departure of Cuban troops asthey occurred and to record any troop rotations. All departures and arrivals wouldbe recorded by UNAVEM headquarters;(c) On the last day of each phase of the redeployment northwards of Cuban troops(i.e., on the last day of the fourth and seventh months after D-Day), theAngolan and Cuban authorities would confirm to the CMO in writing that allCuban troops had been redeployed north of the adjusted 15th and 13th parallelsr4$p ectively. They would also inform the CM0 of all locations from which theCuban troops had been withdrawn;(d) On receipt of this information, the CMO would dispatch such internationalmilitary verification teams as seemed to him necessary to the locations fromwhich the Cuban troops had been withdrawn in order to confirm the redeploymentalready carried out;(e) Thereafter, the CMO would carry out, either on his own initiative or at therequest of a member of the Security Council to the Secretary-General, an ad hocinspection at any time if the presence, or suspected presence, of Cuban troops wasreported in a location from which they should by then have been redeployed inaccordance with the timetable agreed between Angola and Cuba;

(f) The inspections referred to in subparagraphs (d) and (e) above would becarried out in co-ordination with the Angolan authorities, which would undertaketo provide immediately the necessary escorts and any transport requirements notavailable from UNAVEM's own resources;(g) If an inspection was made at the request of a member of the SecurityCouncil, its results would be conveyed to all the members of the Security Council.9. To ensure the necessary liaison:(a) A joint commission consisting of the CMO as chairman and one senior officerappointed by Angola and one by Cuba would be established for liaison purposes.The Angolan and Cuban officers would bear the rank of colonel or brigadier-general. The Joint Commission would co-ordinate United Nations verification ofthe redeployment and withdrawal of Cuban troops and would resolve anyproblems that might arise. If Angola and Cuba wished, representatives of othercountries and/or international organizations could attend the Joint Commission'smeetings as observers;(b) Angola and Cuba would designate liaison officers to accompany UnitedNations verification teams in the performance of their duties at the ports andI...

flEftflf~5~iI~5~ U~ TLIf AlA AAIDIA fv"1IAIAIIAUrATIrIAIC (.rMTP~ rMuc~SI fl~rflsJIJUI~L~ Dl I U~I~ ~ ~. ~ . ..*S/20338EnglishPage 4airports of departure and arrival. To the south of the adjusted parallels, theofficers would be Angolans;(c) A direct telephone link would be established between UNAVEM headquartersand the command headquarters of the Angolan and Cuban forces.10. To facilitate the work of UNAVEM, Angola and Cuba would agree to:(a) Provide to the CMO the information referred to in paragraph 8 above;(b) Extend full support and co-operation to UNAVEM and its civilian supportingstaff at all times in the performance of their functions.Additionally, Angola would agree to:(c) Grant UNAVEM all relevant privileges and immunities provided by theConvention on the Privileges and Immunities of the United Nations; 2/(d) Provide, at its cost, office accommodation required by UNAVEM;(e) The arrival and establishment of UNAVEM in Angola at least seven daysbefore the start of the agreed timetable for the redeployment northwards andwithdrawal of Cuban forces;(f) Allow UNAVEM complete freedom of movement and communications for theperformance of its mandate;(g) Provide, at its cost, land and air transport, not available from UNAVEM's ownresources, with special reference to the inspections referred to in paragraphs 8 (d)and (e) above;(h) Ensure the security and safety of UNAVEM and all personnel assigned to it.Other specific questions would be discussed and settled in the Joint Commission.

11. In the light of the concept of operations described in paragraph 8 above andgiven the readiness of Angola and Cuba to provide UNAVEM with the necessaryassistance, I estimate that UNAVEM would need up to 70 military observers,together with about 20 civilian support personnel. This estimate is based oninformation provided by Angola and Cuba about the ports and airports whichwould be used during the various phases of the agreed timetable. It might have tobe adjusted upwards if additional ports and airports were to be used at a laterstage.12. If the Security Council decides to accept the request of Angola and Cuba andif the Council further approves the arrangements recommended in the presentreport, I would propose to take the following steps:(a) After consulting with the parties, I would seek the Council's very early consentto the appointment of the 040 and to the composition of UNAVEM;I...11 i I''4 ~ ~ ~ ~ ~ ~ ~ drr C I~*lLJ~ U ir AJA/4¥11i~ ,iW.A l fn ll ill. l 1-11-Al~ 71 .MC -CMTR

n nn i' OV'rLrrr C v AlA to f1A1il "AIWEA T11 l AAC rAl D7. PI11. . .nrn~~~~~~jI.,u~~~~~~~a.P G 328 T ~lV*U~~~.elw~~*UYWU.&U 18S/20338EnglishPage 5(b) Given that the first Cuban troops will leave Angola during January 1989, Iwould deploy an advance party of approximately 30 observers to Luanda on orabout3 January 1989;(c) The remainder of the group, approximately 40 observers, would be deployedto Angola on or about 20 March 1989.13. As regards the cost of UNAVEM to the United Nations, there are at presentmany unknown factors. The best possible preliminary estimate, based uponexperience of other peace-keeping operations, is that it would cost approximately$20.4 million for the full 31-month period of UNAVEM's mandate.Approximately $9.8 million of this sum would be required during 1989.14. It is recommended that if the Council decides to set up UNAVEM, the costsof the operation should be considered as expenses of the Organization to be borneby fKc.Member States in accordance with Article 17, paragraph 2, of the Charter.I w.dld recommend to the General Assembly that the assessments to be levied onMember States be credited to a special account which would be established forthis purpose.NotesI/ The "adjusted 15th parallel" is a direct line from a point on the coast 30kilometres south of Namibe to a point on the west bank of the Cunene River, 30kilometres south of the 15th parallel; thence northwards up the west bank of theCunene River to the 15th parallel; and thence eastwards along the 15th parallel tothe Angolan-Zambian border. The "adjusted 13th parallel" is a line running 30

kilometres south of the 13th parallel from the coast to the 16th meridian; thencenorthwards up to the 16th meridian to the 13th parallel; and thence eastwards tothe Angolan-Zambian border.2I Resolution 22 A (I).PAGI: 28

PAGE 329 REPRODUCED BY THE NAMIBIACOMMUNICATONS CENTREUNITED SNATIONSSecurity Councilql Distr.A 1GENERALS/RES/626 (1988)20 December 1988RESOLUTION 626 (1988)Adopted by the Security Council at its 2834th meeting, on 20 December 1988The Security Council,Noting the decision of the People's Republic of Angola and the Republic ofCuba to conclude a bilateral agreement on 22 December 1988 for theredeployment to the north and the staged and total withdrawal of Cuban troopsfrom Angola, according to the agreed timetable,Considering the request submitted to the Secretary-General of the United Nationsby the People's Republic of Angola and the Republic of Cuba in letters dated 17December 1988 (S/20336 and S/20337),Havina considered the report of the Secretary-General dated 17 December 1988(S/20338),1. Approves the report of the Secretary-General dated 17 December 1988(S/20338) and the recommendations therein;2. Decides to establish under its authority a United Nations Angola VerificationMission (UNAVEM) and requests the Secretary-General to take the necessarysteps to this effect in accordance with his aforementioned report;3. Further decides that UNAVEM shall be established for a period of 31 months;4. Decides also that the arrangements for the establishment of UNAVEM shallenter into force as soon as the tripartite agreement between the People's Republicof Angola, the Republic of Cuba and the Republic of South Africa on the onehand. and the bilateral agreement between the People's Republic of Angola andthe Republic of Cuba on the other, are signed:5. Reauests the Secretary-General to report to the Security Councilimmediately after the signature of the agreements referred to in paragraph 4 andto keep the Council fully informed of further developments.88-33835 0824Z (E)

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPG 3UNITED NATIONS

Security Council Distr.GENERAL5/2034522 December 1988 ENGLISHORIGINAL: SPANISHLETTER DATED 22 DECEMBER 1988 FROM THE PERMANENTREPRESENTATIVE' OF CUBA TO THE UNITED NATIONS ADDRESSEDTO THE PRESIDENT OF THE SECURITY COUNCILI have the honour to transmit herewith the bilateral Agreement signed todaybetween the People's Republic of Angola and the Republic of Cuba.I request you to have this Agreement circulated as a document of the SecurityCouncil.(Signe) Oscar ORAMAS OLIVA Ambassador Permanent Representative88-33973 0830d (E)PAGE 330/..o

0~4 DCOffCf LJC A1A IDI rn AAUrInhI IAAIrFATR% r,.k~r J.7 I..51-UMS.UnlU~n - .-- ....-S/20345EnglishPage 2AnnexAGREEMEIT BETWEEN THE GOVERN'ENT OF TE REPUBLIC OF CUBAANDTHE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF ANGOLA FORTHE CONCLUSIONS OF TE INTERNATIONALIST MISSION OF THECUBAN MILITARY CONTINGENTThe Government of the Republic of Cuba and the Government of the People'sRepublic of Angola, hereinafter referred to as "the Parties",ConsiderinaThat on 1 April the implementation of United Nations Security Council resolution435 (1978) on the Independence of Namibia will commence,That the question of the independence of Namibia and the safeguarding of thesovereignty, independence and territorial Integrity of the People's Republic ofAngola are closely interlinked and closely linked to peace and security in thesouthwestern region of Africa,That, on the same date as the present Agreement, a tripartite agreementbetween the Government of the Republic of Cuba, the Government of the People'sRepublic of Angola and the Government of the Republic of South Africa,containing the essential elements for the achievement of peace in thesouthwestern region of Africa, Is to be signed,That, with the acceptance of and strict compliance with the aforementioned, thecauses that gave rise to the request made by the Government of the People'sRepublic of Angola. In legitimate exercise of its right under Article 51 of the.United Nations Charter, for the dispatch to Angolan territory of a Cuban

internationalist military contingent to ensure, together with FAPLA, its territorialintegrity and.ts sovereignty in the face of the Invasion and occupation of a part ofits territory,Takina Into accountThe agreements signed between the Governments of the Republic of Cuba and thePeople's Republic of Angola on 4 February 1982 and 19 March 1984, theplatform of the Government of the People's Republic of Angola approved InNovember 1984 and the Brazzaville Protocol signed by the Governments of theRepublic of Cuba, the People's Republic of Angola and the Republic of SouthAfrica on 13 December 1988,Pow tberefore hold It to be establishedThat the conditions have been created which permit the commencement of thereturn to its homeland of the Cuban military contingent now present in Angolanterritory, which has successfully fulfilled its internationalist mission, I...

nDr. IfcEr DV TUC AlA AIDIA r*^ANAjf IAfrA TII.^AAC 1'9ITDCDtncrnwJL W ofl VlWUU 55U*UV. IUW ae ,S/20345English Page 3And accordinalv acree as follows:ARTICLE 1The redeployment to the fifteenth and thirteenth parallels and the phased and totalwithdrawal to Cuba of the 50,000-man contingent of Cuban troops dispatched tothe People's Republic of Angola shall commence, in accordance with the pace andtime-limits established in the annexed timetable, which shall form an integral partof this Agreement. The total withdrawal shall be concluded on 1 July 1991.ARTICLE 2The Governments of the People's Republic of Angola and the Republic of Cubareserve the right to modify or alter their obligations arising out of article 1 of thisAgreement in the event that flagrant violations of the tripartite agreement areverified.ARTICLE 3Both Parties, through the Secretary-General of the United Nations, request theSecurity Council to carry out verification of the redeployment and the phased andtotal withdrawal of the Cuban troops from the territory of the People's Republic ofAngola, and to that end the corresponding protocol shall be agreed upon.ARTICLE 4This Agreement shall enter into force upon the signature of the tripartiteagreement between the Governments of the Republic of* Cuba, the People'sRepublic of Angola and the Republic of South Africa.DONE on 22 December 1988 at United Nations Headquarters, in duplicate in theSpanish and Portuguese languages, both texts being equally authentic.For the Government of theRepublic of Cuba(jLj4) Isidoro MALMIERCA PEOLI

For the Government of the People'sRepublic of Angola(Si.e) Afonso VAN DUNEM (MBINDA)I...DACC 221

DAI~~ ~~22 Rnrniirs nv ruE AM IAC CtU~IAcrNA CENTRES/20345English Page 4Ap endixTIMETABLE ANNEXED TO THE AGREEMENT BETWEEN T EGOVERNMENT OF THE REPUBLIC OF CUBA AD TE GOVERNMENT OFTEE PEOPLE'S REPUBLIC OF ANGOLA ON THE CONCLUSION OF THEINTERNATIONALIST MISSION OF THE CUBAN MILITARYCONTINGENTIn compliance with article 1 of the Agreement between the Governments of theRepublic of Cuba and the People's Republic of Angola on the conclusion of theinternationalist missinn of the Cuban military contingent now present In Angolanterritory, both Parties establish the following timetable for withdraval:TIME-LIMITS:By 1 April 1989 3,000 troops(day of the comencement of the implementation of resolution 435 (1978))Total duration of the timetable starting from I April 1989 27 monthsRedeployment northwards:To the 15th parallel 1 August 2989To the 13th parallel 31 October 1989Total troops to be withdrawn:By 1 November 1989 25,000 (50 per cent)By 1 April 1990 33,000 (66 per cent)By I October 1990 38,000 (76 per cent)By 1 July 1991 50,000 (100 per cent)Taking as a basis a Cuban force of 50,000 troops.1239-1 IDAr-C 222

nruf -,Iir D VrLI AJA A0105 A 1I~1% AI 11LWA TIMUAC fCI DCAF4UNITED NATIONSVGeneral Assembly Security CouncilDistr. GENERALA/43/989 S/20346 22 December 1988ORIGINAL: ENGLISHSECURITY COUNCILSECURITY COUNCIL Forty-third yearGENERAL ASSEMBLY

Forty-third session Agenda item 29 QUESTION OF NAMIBIANote verbale dated 22 December 1988 from the ermanent Representative of theUnited States of America to theUnited Nations addressed to the Secretary-GeneralThe Permanent Representative of the United States of America to the UnitedNations presents his compliments to the Secretary-General of the United Nationsand has the honour to enclose the Agreement signed by the People's Republic ofAngola, the Republic of Cuba and the Republic of South Africa on 22 December1988 at the United Nations and to request that the text of this agreement becirculated as an official document of the General Assembly, under agenda item29, and of the Security Council.88-33996 0621g (E)PA F ' 4

U~f~ 22~REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREA/43/989S/20346EnglishPage 2ANNEXAgreement among the People's Republic of Angola. the Reoublic of Cuba. andthe Renublic of South AfricaThe Governments of the People's Republic of Angola, the Republic of Cuba, andthe Republic of South Africa, hereinafter designated as "the Parties",Taking into account the "Principles for a Peaceful Settlement in SouthwesternAfrica", approved by the Parties on 20 July 1988, and the subsequent negotiationswith respect to the implementation of these Principles, each of which isindispensable to a comprehensive settlement,Considering the acceptance by the Parties of the implementation of UnitedNations Security Council resolution 435 (1978), adopted on 29 September 1978,hereinafter designated as "UNSCR 435/78",Considering the conclusion of the bilateral agreement between the People'sRepublic of Angola and the Republic of Cuba providing for the redeploymenttoward the North and the staged and total withdrawal of Cuban troops from theterritory ofthe People's Republic of AngolaoRecognizing the role of the United Nations Security Council in implementingUNSCR 435/78 and in supporting the implementation of the present agreement,Affirming the sovereignty, sovereign equality, and independence of all States ofsouthwestern Africa,Affirming the principle of non-interference in the internal affairs of States,Affirming the principle of abstention from the threat or use of force against theterritorial integrity or political independence of States,Reaffirming the right of the peoples of the southwestern region of Africa to self-determination, independence, and equality of rights, and of the States ofsouthwestern Africa to peace, development, and social progress,

Urging African and international co-operation for the settlement of the problemsof the development of the southwestern region of Africa,Expressing their appreciation for the mediating role of the Government of theUnited States of America,Desiring to contribute to the establishment of peace and security in southwesternAfrica,Agree to the provisions set forth below.1. The Parties shall immediately request the Secretary-General of the UnitedNations to seek authority from the Security Council to commence implementationof UNSCR 435/78 on 1 April 1989.Io.DAr-C 22rDA :t:tq

r- E A IIAIB I A to 1IAajlI IllAMrNAI frAJTDrnCrmuuu,,V I Of I PAG 336 ..lf|lvuIwluJ.- ,njI,. IA/43/989S/20346EnglishPage 32. All military forces of the Republic of South Africa shall depart Namibia inaccordance with UNSCR 435/78.3. Consistent with the provisions of UNSCR 435/78, the Republic of SouthAfrica and the People's Republic of Angola shall co-operate with the Secretary-General to ensure the independence of Namibia through free and fair electionsand shall abstain from any action that could prevent the execution of UNSCR435/78. The Parties shall respect the territorial integrity and inviolability ofborders of Namibia and shall ensure that their territories are not used by any State,organization, or person in connection with acts of war, aggression, or violenceagainst the territorial integrity or inviolability of borders of Namibia or any otheraction which could prevent the execution of UNSCR 435/78.4. The People's Republic of Angola and the Republic of Cuba shall implementthe bilateral agreement, signed on the date of signature of this agreement,providing for the redeployment toward the North and the staged and totalwithdrawalof Cuban troops from the territory of the People's Republic of Angola, and thearrangements made with the Security Council of the United Nations for the on-site verification of that withdrawal.5. Consistent with their obligations under the Charter of the United Nations, theParties shall refrain from the threat or use of force, and shall ensure that theirrespective territories are not used by any State, organization. or person inconnection with any acts of war, aggression, or violence, against the territorialintegrity, inviolability of borders, or independence of any State of southwesternAfrica.

6. The Parties shall respect the principle of non-interference in the internalaffairs of the States of southwestern Africa.7. The Parties shall comply in good faith with all obligations undertaken in thisagreement and shall resolve through negotiation and in a spirit of co-operationany disputes with respect to the interpretation or implementation thereof.8. -This agreement shall enter into force upon signature.Signed at New York in triplicate in the Portuguese, Spanish and Englishlanguages, each language being equally authentic, this 22nd day of December1988.FOR THE PEOPLE'S REPUBLIC OF FOR THE REPUBLIC OF FORTHE REPUBLIC OFANGOLA: CUBA: SOUTH AFRICA:(Signed)Afonso VAN DUNEM M*BINDA(Sianed)Isidoro MALMIERCA PEOLI(Signed)Roelof F. BOTHA

DIrflf/l IP'* v "tLlr alIA NaIORA ffIAIAIIAIIWA'rIAIC fCAITDCNEW YORK TIMES, 5 January 1989S'uth African Insurgents AgreeTo Shut Their Bases, Angola SaysBy JAMES BROOKE "p wa wp Tit New y wk TimsLUANDA, Angola, Jan. 5 - The Af- The United States gives military aid ricanNational Congress has agreed to to Unita, a policy that President-elect close Itsmilitary training bases here, George Bush has promised to mainAngola's Presidentsaid today. taim.Angola. long one of Africa's staunch- In the interview at the presidential estsupporters of the South African compound here, Mr. dos Santos guerrilla group,is curtailing the sounded a conciliatory note when congroup's activities here toadhere to a versation turned to Unita. He talked at nonaggression accord signedwith length about a new amnesty law that South Africa last month. The treatywent into effect here on Wednesday. provides for independence for Namib- "Weare not going to practice a ia, a South African-controllei territory policy ofrevenge." he said. "The new neighboring Angola. law says clearly thatcrimes will be"We're going to completely fulfill the amnestied when practiced in thesetagreements we signed," the Angolan ting of subversive action." President, JoseEduardo dos Santos. Last month. Unita's leader, Jonas said in an interview..Savimbl, "categorically and totally reVirtually all the 10,000 South African jectedthe so-called policy of. clemenrefugees in Angola are affiliated with cy." Instead.he called for direct peace the African National Congress. The talks between hisgroup and the guerrilla fighters among them are to Luanda Government. btransferred to camps in Ethiopia and Tanzania, a European diplomat here saidtoday.

0 Members of U.N. ForceIn return, "South Africa must stop aid to Unita." the President said, using thePortuguese initials of the Angolan rebel group, the National Union for the TotalIndependence of Angola.In recent days, South Africa stopped Allowing journalists to fly to Unita-controlled territory from South Africa. But It is unclear whether South Africanmilitary assistance has stopped. To adhere to a second accord, the first of 50,000Cuban troops are to leave Angola next Tuesday. In the next 27 months, the entireCuban force, which first came to Angola in 1975. is to be sent home.Already, about 30 military officers from Brazil, Congo. India, Jordan and Spainhave arrived here. They are the advance party of a 90-member United Nationsteam that is to verify the Cuban withdrawalrAlac 331 or 1rTG

DIDE llh~f~f ~RY TJ.W AlA Uw r4g r~AVUEVUIJMWAT # VIA338 D FFOLLOUING IS THE TEXT OF RESOLUTION 628 (16 JANUARY 1989)OF THE UNITED NATIONS SECURITY COUNCIL. ADOPTEDUNANIMOUSLY.RESOLUTION 628:The Security Council,Recalling its resolution 626 (1988) of 28 December 1988,Taking note of the tripartite agreement signed by the People's Republic of Angola,the Republic of Cuba and the Republic of South Africa on 22 December 1988(S/28346), Taking also note of the bilateral agreement between thePeople's Republic of Angola and the Republic of Cuba, signed on 22 December1988 (S/28345),Emphasizing the importance of these tuo agreements in strengtheninginternational peace and security,1. Uelcomes the signature of the tripartite agreement betuen the People', Republicof Angola, the Republic of Cuba and theRepublic of South Africa on the one hand, and of the bilateralagreement betueen the People's Republic of Angola and theRepublic of Cuba on the other hand,2. Expresses its full support for these agreements, and to thateffect decides to follou closely the developments in theirimplementation,3. Calls upon all parties concerned, as well as all memberstates, to cooperate in the implementation of these agreements,4. Requests the Secretarj General to keep the Security Councilfully informed on the implementation of this resolution.RE:PRODrM BIIY THEl AIB IRIA 11) PI A11*A TjnA1CrC'MT-rV

230 REPRODUCED BY THE NAMIBIA COMMUNICATIONSCENTREUNITED S

NATIONSSecurity Council Distr.kGENERALS/RES/629 (1989)16 January 1989RESOLUTION 629 (1989)Adopted by the Security Council at its 2842nd meeting, on 16 January 1989The ecurity Council,hnafimin its relevant resolutions, in particular, resolutions 431 (1978) of 27 July1978 and 435 (1978) of 29 September 1978,jAking. t of its resolution 628 (1989) of 16 January 1989,Noting that the parties to the Protocol of Brazzaville, contained in documentS/20325 of 14 December 1988, agreed to recommend to the Secretary-Generalthat1 April 1989 be established as the date for the implementation of resolution 435(1978),Recognizai the progress in the Southwestern African peace process,gnressi concern at the increase in the police and para-military forces andthe establishment of South West Africa Territory Force since 1978 and stressingtheneed to ensure conditions under which the Namibian people will be able toparticipate in free and fair elections under the supervision and control of theUnited Nations,Noting also that these developments make appropriate a re-examination of therequirements for UNTAG effectively to fulfil its mandate which include, interalia,keeping borders under surveillance, preventing infiltration, preventingintimidation, and ensuring the safe return of refugees and their free participationin the electoral process,Recalling the approval by the Security Council of the Secretary-General'sstatement on 28 September 1978 to the Security Council (S/12869),lwhu.zi= its determination to ensure the early independence of Namibiathrough free and fair elections under the supervision and control of the UnitedNations, in accordance with its resolution 435 (1978) of 29 September 1978,89-01299 0884Z (E) I.."REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 339PAGI: q

DrDflfflhrfnD fry nw MAPRIAr rAIAIIUrATffAICr (ATWC PAGE340lS/RES/629 (1989)Page 2Reaffirming the legal responsibility of the United Nations over Namibia,1. Decides that 1 April 1989 shall be the date on which implementation ofresolution 435 (1978) will begin;

2. Reauests the Secretary-General to proceed to arrange a formal cease-firebetween SWAPO and South Africa;3. Calls upon South Africa to reduce immediately and substantially the existingpolice forces in Namibia with a view to achieving reasonable balance betweenthese forces and UNTAG so as to ensure effective monitoring by the latter;4. Reaffirms the responsibility of all concerned to co-operate to ensure theimpartial implementation of the settlement plan in accordance with resolution 435(1978);S. Reauests the Secretary-General to prepare at the earliest possible date a reportto the Council on the implementation of resolution 435 (1978), taking intoaccount all relevant developments since the adoption of that resolution;6. ReWuests also the Secretary-General, in preparing his report, tore-examine requirements necessary for UNTAG in order to identify whereverpossible tangible cost-saving measures without prejudice to his ability fully tocarry out its mandate as established in 1978, namely, to ensure the earlyindependence of Namibia through free and fair elections under the supervisionand control of the United Nations;7. Calls uvon Members of the United Nations to consider, in co-ordination withthe Secretary-General, how they might provide economic and financial assistanceto the Namibian people, both during the transitional period and afterindependence.PA i= :tAN

D~ 1DrDDhr~ OV rIJC MAlA UIIA rnu 1MIrAr JAIn (CmTPUNITED ANATIONSGeneral Assembly Distr.GENERALA/RES/43/23124 February 1989Forty-third sessionAgenda item 153RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY Eon the report ofthe Fifth Committee (A/43/996)] 43/231. F ini of the Unted Nations AngolaVerification MissionThe General Assembly,Navina onsdered the report of the Secretary-General on the financing of theUnited Nations Angola Verification Mission I/ and the related report of theAdvisory Committee on Administrative and Budgetary Questions, Z/Bearing in mind Security Council resolution 626 (1988) of 20 December 1988,bywhich the Council established the United Nations Angola Verification Mission foraperiod of thirty-one months,c that the costs of the United Nations Angola Verification Mission

are expenses of the Organization to be borne by Member States in accordancewithArticle 17, paragraph 2, of the Charter of the United Nations,Minfu of the fact that it is essential to provide the United Nations AngolaVerification Mission with the necessary financial resources to enable it to fulfilits responsibilities under the relevant resolution of the Security Council,Urging all Member States to make every possible effort to ensure payment oftheir assessed contributions to the United Nations Angola Verification Mission infull and on time,I/ A/43/249/Add.l.2/ A/43/249/Add.2.89-05171 1045Z (E)DA#2. 3A1

REPRODUCED BY THE NAMIBIA ~OMIWUNICA17ONS CENTREPAGE 342A/RES/43/231Page 2Taking into account the nature and the mandate of the United Nations AngolaVerification Mission,Recgnizing that in order to meet the expenditures caused by the UnitedNations Angola Verification Mission, a different procedure from the one appliedto meet expenditures of- the regular budget of the United Nations is required,Takina into account the fact that the economically more developed countriesare in a position to make relatively larger contributions and that the economicallyless developed countries have a relatively limited capacity to contribute towardssuch an operation,Bearing in mind the special responsibilities of the States permanent members ofthe Security Council, as indicated in General Assembly resolution 1874 (S-IV) of27 June 1963, in the financing of the United Nations Angola Verification Mission,1. Decides to appropriate an amount of 9,193,000 United States dollars,inclusive of the amount of 4.2 million dollars authorized with the concurrence ofthe Advisory Committee on Administrative and Budgetary Questions, under theterms of General Assembly resolution 42/227 of 21 December 1987, for theoperation of the United Nations Angola Verification Mission for an initial periodof twelve months, from 3 January 1989 to 2 January 1990, of the mandate periodof thirty-one months authorized by the Security Council, and requests theSecretary-General to establish a special account for the Mission;2. Decides, as an ad harrangement, to apportion:(A) An amount of 5,303,438 dollars for the above-mentioned initial period amongthe States permanent members of the Security.Council in the proportionsdetermined by the scale of assessments for the years 1989, 1990 and 1991; 1/(k) An amount of 3,646,863 dollars for the above-mentioned initial period amongthe economically developed Member States that are not permanent members ofthe Security Council in the proportions determined by the scale of assessments forthe years 1989, 1990 and 1991;

( ) An amount of 238,283 dollars for the above-mentioned initial period amongthe economically less developed Member States in the proportions determined bythe scale of assessments for the years 1989, 1990 and 1991;(.) An amount of 4,416 dollars for the above-mentioned initial period to thefollowing of the economically less developed Member States in the proportionsdetermined by the scale of assessments for the years 1989, 1990 and 1991:Afghanistan, Angola, Antigua and Barbuda, Bangladesh, Belize, Benin; Bhutan,Botswana, Burkina Faso, Burundi, Cape Verde, Chad, Comoros, DemocraticYemen,,/ See resolution 43/223 A.I...PAGE 342REPRODUCED BY THE NAMIBIA COMMUNICATI7ONS CENTRE

DA40 '24-RPOUEDB AIBACMUIATOSCNRA/RES/43/231Page 3Djibouti, Dominica, Ethiopia, Grenada, Guinea, Guinea-Bissau, Haiti, LaoPeople's Democratic Republic, Lesotho, Malawi, Maldives, Mali, Mozambique,Nepal, Niger, Papua New Guinea, Rwanda, Saint Kitts and Nevis, Saint Lucia,Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Senegal,Seychelles, Solomon Islands, Somalia, Sudan, Suriname, Uganda, UnitedRepublic of Tanzania, Vanuatu, Yemen and Zimbabwe;3. Decides that, for the purpose of the present resolution, the term"economically less developed Member States" in paragraph 2 (_) above shallmean all Member States except Australia, Austria, Belgium, the ByelorussianSoviet Socialist Republic, Canada, Czechoslovakia, Denmark, Finland, theGerman Democratic Republic, Germany, Federal Republic of, Iceland, Ireland,Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, SouthAfrica, Sweden, the Ukrainian Soviet Socialist Republic and the Member Statesreferred to in paragraphs 2 (A) and (4) above;4. Decides that, in accordance with the provisions of its resolution 973 (X) of 15December 1955, there shall be set off against the apportionment among MemberStates, as provided for in paragraph 2 above, their respective share in the TaxEqualization Fund of the estimated staff assessment income of 231,000 dollarsapproved for the above-mentioned initial period;5. Invites voluntary contributions to the United Nations Angola VerificationMission both in cash and in the form of services and supplies acceptable to theSecretary-General, to be administered, as appropriate, in accordance with theprocedure established by the General Assembly in section II of its resolution43/230 of 21 December 1988;6. Reguests the Secretary-General to take all necessary action to ensure that theUnited.Nations Angola Verification Mission is administered with the maximumof efficiency and economy bearing in mind the relevant observations contained inthe report of the Advisory Committee on Administrative and BudgetaryQuestions; 2/

7. Decides to include in the provisional agenda of its forty-fourth'session theitem entitled "Financing of the United Nations Angola Verification Mission".87th plenarv meeting16 February 1989REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

PAGE 441 REPRODUJCED BY THE NJAMIBIA COM JuMn?JrAA~CPThrAG Press conference held on April 24 1989Gerhard Roux, spokesman for the AG, announced today how the SADF troopwithdrawal to bases will facilitate SWAPO fighters exfiltration and the restorationof 435. Instructions for SWAPO combatants to return to bases above the 16thparallel will be aired starting tonight on local radio and sky and ground shoutfacilities, as security forces prepare to return to bases on Wednesday at I 8HOOfor 60 hours.The decision made by the South African Government to bring all security forcesback to base at a JMC meeting In Ruacana last week enables SWAPO combatants19 relurn to Aungola unhIndarod. +'. Rowk ra udd to S£pjeatfe oh any .ato.fts tobe taken by security forces in the event of SWAPO fighter presence after 12HOOSaturday, when the 60 hour "withdrawal to bases", ends. The curfew forOwamboland can be assumed to be off.The status In the north Is "satisfactory and stable", according to Mr. Roux. Todate 289 PLAN fighters are dead and another 32 remain In security force custody.No further Information will be disclosed regarding exfiltration of SWAPOfighters because of the process of verification at the end of the Mount EtjoAgreement. An unknown number of SWAPO fighters were spotted by civiliansnear Neusdorp and have reportedly cached weapons before blending in with thecivilian population.Concerning reports that delegations from member countries of the frontline statesintend to come to Namibia as monitoring groups, Mr Roux replied that the SAgovernment was willing to accommodate the requests of any African country tocome to Namibia as an observer, but it is only permissible to have one monitoringforce and that is UNTAG.Mr. Brian O'Linn, chairman of Namibian Peace Plan 435, has accepted theposition as chairman of the AG initiated Commission of Inquiry, a group createdto deal with allegations of assault, intimidation, and misconduct by security forcesor political activists.An officer of the South African Defence Force denied reports that meetings wereheld last week between PLAN commanders and members SADF in Ruacana.AG releases Draft Registration of Voters. In the proclamation for the voting of aConstituent Assembly in November, the qualifications for registration to vote are:(a) Every person who is of or over eighteen years of age or who will attain thatage during the period of registration, and who was born in the territory;(b) or is ordinarily resident in the territory and has been so for a continuous periodof not less than four years immediately before the date of his application forregistration;

(c) or is the natural child of a person referred to in (a).PAGE 441

&cn~frfn"4.1 OV TLIC AIA #AfDJA f aJAIAJ~r*ATIAAIC r*TODPAG 34General Assembly Resolution1514 (XV). Declaration on the granting of independence to colonial countries andpeoplesThe General Assembly,Mindful of the determination proclaimed by the peoples of the world in theCharter of the United Nations to reaffirm faith in fundamental human rights, inthe dignity and worth of the human person, in the equal rights of men and womenand of nations large and small and to promote social progress and better standardsof life in larger freedom,Conscious of the need for the creation of conditions of stability and well-beingand peaceful and friendly relations based on respect for the principles of equalrights and self-determination of all peoples, and of universal respect for, andobservance of, human rights and fundamental freedoms for all without distinctionas to race, sex, language or religion, Recognizing the passionate yearning forfreedom in all dependent peoples and the decisive role of such peoples in theattainment of their independence,Aware of the increasing conflicts resulting from the denial of or impediments inthe way of the freedom of such peoples, which constitute a serious threat to worldpeace,Considering the important role of the United Nations in assistrig the movementfor independence in Trust and Non-Self-Governing Territories,ReCoc'nirig that the peoples of the world ardently desire the end of colonialism inall its manifestations,Continced that the continued existence of colonialism prevents the developmentof international economic cooperation, impedes the social, cultural and economicdevelopment of dependent peoples and militates against the United Nations idealof universal peace,Affirming that peoples may, for theirown ends, freely dispose of their naturalwealth and resources without prejudice to any obligations arising out ofinternational economic t-operation, based upon the principle of mutual benefit,and international law,Belicing that the process of liberation is irresistible and irreversible and that, iiorder to avoid serious crises, an end must be put to colonialism and all practicesof segregation and discrimination associated therewith.1l'elcoiing the emergence in recent years of a large number of dependentterritories into freedom and independe.nce, and, recognizing the increasinglypowerful trends t,awards freedom in such territories which have not yet atninedindependence,Convinced that all peoples have an inalienable right to complete freedom, theexercise of their sovereignty and the integrity of their nationa! territory,

Solemnly proclaims the necessity of bringing to a speedy and unconditional endcolonialism in all its forms and manifestations;And to this endDeclares that:1. The subjection of peoples to alien subjugation,domination and exploitation constitutes a denial of fundamental human rights, iscontrary to the Charter of the United Nations and is an impediment to thepromotion of world peace and co-operation.2. All peoples have the right to self-determination;by virtue of that right they freely determine their political status and freely pursuetheir economic, socialand cultural development.3. Inadequacy of political, economic, soci-l or educational preparedness shouldnever serve as a pretextfor delaying independence.4. All armed action or repressive measures of allkinds directed against dependent peoples shall cease in order to enable them toexercise peacefully and freely their right to complete independence, and theintegrity of their national territory shall be respected.5. Immediate steps shall be taken, in Trust andNon-Self-Governing Territories or all other territories which have not yet attainedindependence, to transfer all powers to the peoples of those territories, withoutany conditions or reservations, in accordance with their freely expressed will andlesire, without any distinction as to race, creed or colour, in order to enable themto enjoy complete independence andfreedom.6. Any attempt aimed at the partial or total disruption of the national unity and theterritorial integrity of a country is incompatible with the purposes and principlesof the Charter of the United Nations.7. All States shall observe faithfully and strictlythe provisions of.the Charter of the United Nations, the Universal Declaration ofHuman Rights and the present Declaration on the basis of equality,noninterference in the internal affairs of all States, an.respect for the sovereign rights of all peoples andtheir territorial integrity.947th plenary meeting,'14 Decenber 1960.PAng :l a.

DCODA" fTIJC AIA UiR CORMUNlCATION CENTRESTAATSKOERANTVAN DIE REPUBLIEK VAN SUID-AFRIKAREPUBLIC OF SOUTH AFRIC GOVERNMENT GA2RV(.t I swI'KOEtRA%T *.. 232As,.* , Ptroaentma feuweveVo. !461

PRYS 2e PRICY POURSE _. O RSEAS PO IVUT - POS FREPRETORIA. 31 AUGUSTUS 197731 AUGUST ..AV ETTEREGLLATION GAZrrrE Na. ,5Z5 RquAurd at Ohe Post Office a a . e^* .pe[No. 5731PROKLAMASIES'an die Staasprsident van die Republiek van Suid-Afr.aNo. R. 202. 1977NUWE VOORSIENING VIR DIE ADMINISTRASIEVAN WALVISBAAINademaai die hawe en nedersetting Walvisbaai vanaf 7 Augustus 1884 'n deeluitgemak bet van die Kolonie die Kaap die Goeie Hxp en as sodaniggeadministreer en daar daarvoor as isoanig wet, ge Smak is tot 30 Mei 1910;En nademaal genoemde hawe en nedersetting vanaf 31 Met 1910 'n deeluitgemaak het van die Provinsic die Kaap die Goeie Hoop en as sodaniggeadministreer en d ca dain',r as undanig wette gemaak is tot 30September 1922:En nademaal vanaf I Oktober 1922 en ingevolge die Wet betreffendeAangelegenheden van Zuidwest-Afrika. 1922 (Wet 24 van 1922L genoemdehawe en nedersetting om doelmatigheidsredes geadministreer en daarom daardierede daarvoior wette genaak is asof dit 'n dcll van die gebied Suidweb-Afrikauitgemaak bet en asof inwoners 4aarvan inwoners van genoerode gebied was;En nademaal dit dienstig en wenslik is ont genonde hawe en nedersetting weer as'a del van die Provinsie die Kaap die Coeie Hoop te administreer en om weerdaasvoor as so 'n d"al weure te maik:Mak ek derhalwe kragpens artikel 38 van die Wet op die Xonstitusie vanSuidwes-Afrika. 1968 (Wet 39 van 1968). die wette in die 1ylae uiteengesiLGegee onder my Hand en die Sel van die Republiek van Suid-Afrika te Pretoria.op hede die Dertigue dag van Augustus Eenduisend Negehonderd Sewe-en-seweniN. DIEDERICHS. Staatspresident. Op las van die Staatspresiden-in-rade: B J.VORSTER.BYLAEWood omkzryin1. Tensy uit die samehang ande's blyk. beteken in hierdie Proklamasie(i)"Administrateur" die Administrai-ur van die provinsn 0)64366-APROCLAATIONSby the State Presidem of the Republic of South AtricaNo. R. 202. 1977NEW PROVISION FOR THE ADMINISTRATIONOF WALVIS BAY

Whereas from 7 August 1884 the port and uttlcment of Walvis Bay formed part ofthe Colony of the Cape of Good Hope and was administered and legislated for assuch until 30 May 1910;And whereas from 31 May 1910 the said port and settlement has formed part ofthe Province of the Cape of Good Hope and was administered and legislated foras such until 30 September 1922;And whereas from I October 1922 and in terms of the South-West Africa AffairsAct. 1922 (Act 24 of 1922). the said port and settlement was for reasons ofexpediency administered and legislated for as if it were part rf the Territory ofSouth-West Africa and as if inhabitants thereof were inhabitants of the saidTerritory:And whereas it is expedient and desirable again to administer and legislate for thesaid port and settlement as pan of the Province of the Cape of Good Hope;Now. therefore, under section 38 of the South-Wet Africa Constitution Act. 1968(Act 39 of 1968). 1 make the laws set out in the Annexure.Given under my Hand and the Seal- of the Republic of South Africa at Pretoriathis Thirtieth day of August. One thousand Nine hundred and Seventy-seven.N. DIEDERICHS. State President.By Order of the State President-in-Council: B. J. VORSTER.ANNEXUREDefinitionsI. In this Proclamation. unless the contea otherwise ind-kate.(i) 'Administrator'means the Administrator of the provine: (i)5731-1

ORfr. [ Tif aAA aliDDA 1^110 a AI riAT1I,1AAC fCAITC PAGE 346ncnluu.c, a ~ ,vw1 ..rva#.,fr 5.-,.-8 U2 No V 31STAATSKOERANT. 31 AUGUSTS 19776it) gImte" die poi' Suidwes-Afrika: (Y)1:10 "Minister" 'n Minister van die Republiek bedoel .i ni irkel 20 '.an dieGrondwet van die Republiek van iid.Afnka. 1%1 (Wet 32 van 1%1); (iiuiM "provinsiale mad" die proviesiale esad van did provinsi; liv)(%) -provse'" die Provinsie die Kaap die Goeie Hoop:(vi) *'Walvisbaai" die hawc en nedersetting WalvisbAi %ermeld in die WalfishBay and St. John's River Territorze, Annexation Act. 1884 (Wet 35 van 1884 vandie Kaap die Gocie Hoop). en ook die gebied wa: d omring cc egrens word soosin genoemcde Wet beskryf. (vi).4Jministrasie van Walvisbaal. en gdding daarin van wenevan &rug dkwin en in die provinsie2 (1) Waivisbasi hou o om m eadministreer te word asof dit 'n de! van die gebiedwas en asof inwoners da4r%an inwoners van die Sebi=l was, ., word weer as 'ndeel %in die provinsie Scadministr:er.(2) Bedwodem die bepins van paragraaf 4. bly 'n wet wat op die datumonmiddellik voor die datum van inwekingtrding van hierdie subparagraaf in

genoemde Walvisbazi van krag was, van krag daarnin totdat dit her:,ep word ofbehalwe vir sover dit e of verander.,rd ingevolge hierdie Proklamasie of "i nder wet.t3) 'n Wet wat in die provinsie van kra; is en nie reeds in WaIviba i in werking inie. of wat in die provinsi %an krag word. is. behoudens die bepalinp vanparagraaf3. ook in genoemde Walvisbazi van toepassing. Br'wwgdheJe van Administrareurbereffende arkere wenewur in Walvisbaf geld3 (I) Die Adn,inistrateur kan by proklamasie in die O)fzsiqe Koeranr van dieprovinsio(a) verklar dat 'a bepaling van 'n wet in paragrsaf2 13) beoog war betrekking he op 'n sangeleastheid wat aan dis provinsiale radtoevertrou is. in Walvisbaai in werking uee op "n datum, en onderworpe aan diewysigings. b)yvoegng. veraideritgs. ,,;sondetring of voorw-ardes. in dieproklami"ieroald.Ib) 'n bcpaling van 'n wet wat in Walvisbsai vankrag is en betrekking bet op 'a angeleatheid wat saa die provinsiale mad toevenrouis. berroep. wydsi of%erander.(2) *n Proklamasie wat kraens subparagraf (1) uitge%aardig word. kan dieoorgangsbepalins bevat wat die Administrateur goedvind.(3) Die Administrateur kan by proklatasie in die Of fiiele Korrant van dieprovinsie 'a prokiamasi wat by kragtem hierdie pegraaf uig-vaardis het wysig ofhcrroep en. indien by dit nodi a& verklaaz dat O pro. 1iamasie kragtem hierdiepagraa uitgvaardig tarug,erkende krag het.14) "n Priou"sie wat die Administratcur kiragen hierdie paragraaf uitgevaardighet, moat in die .lOVisiale raaJ ter Tafe geif word binne 14 dae vn die akondi.nngdaarvan. indien die provinsiale mad in gewone seie i, -if. indien dit nse in sewonesassin is nie. binne 14 dae na die aanvang van sy etrsvolgce pewne seh5) Subpanrgrawe (1) tot (4) van hierdic paragra n hnu op 30 Junie 1978 op omvan krag te wees, maar *n Prklamasie wat kragtn hierdie pangraf uitgevardig i.%en onmiddellik voor boele datum van krag is. blv %an krag asof genoemdesusbpar'agrwe nic opgehou bet .3m van krag te wee nie.(ii) M-iist" c a Minister of the Republic "dofared to in seion 20 of theRepublic of South Africa Constitution Act. MI6 (Act 32 of 1961): (iii)(iii) 'province" mcans the Province of the Cape of Good Hope; (v)(v) provincial council" mearns the provincial council of the provinc; (iv)(v) "territory- means the Territory of South-West Afric; (;,i)(vi) Walvs Say" means the port and settlement of Walfish Bay mentioned in theWalfish Bay and St John's River Territories Annexation Act. 1884 (Act 35 of1884 of the Cape of Good Hope). and includes the territory surrounding it andbounded as described in the said At (vi)Adffnlrration of Walvis Bay. and application therein of laws in force therein andin the province

2- (1) Walvis Say sh cease to be administered as if it were part of the territoryand as if inhabitants thereof were inhabitants of the Territory and shall again beadminiseed as pazn of the province.(2) Any law in force in the said WaJvis Bay on the data immediately prior to thedate of coming into operation of this subpaeagraph shall. subject to the provisionsof paragraph 4. continue to apply therein until repealed. or except in so far as itmay be amended or modified. in terms of this Proclamation or any other law.(3) Any law in force in the province and not already in operation in Walvis Bay orany law coming into force in the province shall, subject to the provisions ofparagraph 3. also apply in the said Walvis Bay.Pows of Adnistrator in regWd to certain laws applicble in Walvis Bay3. (I) The Administrator may by proclamation in the Official Gazette of theprovince(a) delare that any provision of any law contentplated in paragraph 2 (3)and relating to any matter entrusted to the provincial council shall come intooperation in Walvis Bay on a date and subject to such amendments, additions.modifications. exceptions or conditions. as may be specified in the proclamation:(b) mrepL amend or modify any provision of anylaw in form in Walvis Bay and relating to any-entruted to the provincial council.(2) Any proclamation issued under subparagraph (1) may contain such transitoryprovisions as the Administrator may den fit.(3) The Adminisrator may by proclamation in the Official Gazette of the provinceamend or repcal any proclanaton imed by him under this paragraph andL if leconsides it to be nrcessary, declare any procamation issued under this paragraphto be of retrospective effe .(4) Any proclamation issued under this paragraph by the Administrator shall belaid on the Tble of the pr ncial council within 14 days of promulgation thereof ifthe provincial council is in ordinary session 4r. if not in ordinary session, within14 days after the cohinmencemast of its net ensuing ordinary session.(5) Subparagraphs (1) to (4) of this paragraph shall e to be of force and effect on30 June 197 but any proclamation issued under this paragraph and in force aprior to that date shall remain in forme asif the said subsections had not so ceased to be of force and cte.PAGE 346

~r.55f'~F5 ~ TLIE ADA MAIDIA f'AAARAIIAUfATJfIAIC (~MTP~ 1'Ats~ S~IncrnJgu'..~Ij DI a i-re ,vpqavuw.~- ~ ............GOVERNMENT GAZETTE 31 AUGUST 19V., 5'7)1liteg van sekere aidrukkings4. Tensy dit in 'n bepaalde geval klaarllylik ouvanpas sou wees. word 'averwysing in "n wet in paragraf 2 (2)(a) ma die Wetgcwende Vergadering van die gebieduJitgell as 'a verwysing na die Park-ment of die provinsial¢ mad. ma gelang diesamehang veis;(b) na die Administratcur van die gebied uit$ele as

In verwysing na die gepaste Minister of die Admmistrateur van die provinsie. nagclang die samehang vcreis;(c) ma die Administrasie van die gebied uitgelt as'n verwysins a die gepastc Staatsdepartement van die Republiek of die ProvinsialeAdministrasi van dicprovinsaie, a gelang die samehang versis(d) ma 'a bcampte of Stag van die Adinistrasi vandie gebied uitgele as 'n verwysing a "n bea.pte o.gsga wat "n ooreensmmecd betrekkin bekie of "p ooreenstgmmendewerksaamheid verrg. in .enoemdeatcmcnt of in genoemde Provinsiale AdmintUrasi.ma gelang die samehang vereis of. indi daar nc so 'n boampte of gmg is nis. 'abeampte of gesag van dandi Departement &angcwys dr die Minister wat ditadmin r of 'n beamit of gCSag van uagenoem e Administrasie deur dieAdministrareu aangewys. ma gelang die samelang vereis(e) noa die Offiuaile Koeirant van die gebicd uitguldas 'n verwysing ma die Statskoeront of die Of fina Koenm van die provins is mptlang die samelang(f) ma die Inkontefonds van die gebied uitgel. as 'nverwysing na die Slatainkomste foods of die provinsiale inkomstcfonds van dieprovinsi. ma &clang die samehang vereis;(g) na die Suidwes-Afrika-afieling van die Hooggersof ,van. Suid-Afrika of Inbeampte daamn uitgele as n vrwysng ma die Provinsiate Afdeling Kaap die GoeHoop van die Hooggeregshof van die Said-Arika of ma die beampl wat "n oeMGMVIsC betrekking in lasgencemde Afdeling beUm m gelang van dieSevalVerkiesingsangeeenthedes. Walvisbas hou op oam 'n da van die kiesafdeling Oaruru vir die verkiesing vanVolsiradslodt te was em word Sag i alls termakliks tye Mi 'n dW1 daa n te giwoasbet ni en word "n d" van die kiesdelinig Namak'waland en word geag tc ailtersaakliks tye 'a ded daarvan te gewes het.Beskibaarelling van dienste. ftailheite of goed. en oordrag van goed. vir diedoeleindes van die adirnistrane van Walisbaal6. (t) Vir die doeleindes van die administriss van Walvisbaas(a) lan die Suat. metinbegrip van die ProvinsialeAdminjrsis van die provinsi. op die voorwaarde wasup corengekom word. denste.fasilitite of goed ter beskikking van die Adminitasi van die gebied(b) kan die Administrasie van die gebie& OP dievoorwaarda waarop ooreeekotm word. dienstr. ftsilitets of good ter beskikking advan die Suta. met inbegrip van die Provinsiale Administrasie van die povine.(2) Die Administrasie van die gebied ken op die voorwaardes waaropoorcengekoltm word. roerede too& en onrOerende good geied in Walvisbaa. watdeur horn vir die doeleindes van die admunistrasie van Walvisbai gebruik is. aandie Soat. met inbegrip van die ProvinsialeAdminisrasie van die provinsie. oordn.Interpretatoin of certain dxpresXiOnS

4. Unless in any particular e it would 'vi, ou-k, be inappropriate. any reference inan. la%. referred t.. i. paragraph 2 (2)(a) to the Legislative Assebly of the Terrntorh3l!' be construed as a reference to Parliament ,'r to :,. provincial council, as thecontext may require:(b) to the Administrator of the Terrhor %hall heconstrued as a reference to the appropriate Nliite; or to the Administrator of theprovince. as the crntcxmay require:(c) to the Administration of the Territory shall !,econstrued as a reference to the appropriate Depanme!;% of State of the Republicor to the Provincial Admin,,tratio of the province, as the context may require:(d) to an officer or authority of the Admitirsrti,of the Territory shall be construed a- a reference i., an officer or authority holdinga corririp nding ,ffi.e or pedorming a corresponding function in the sandDepartment or in the said Provincial Admintmtrat,,n as the context may requireor. if there is no %60: officer or authority, any officer or authority of ,ha,Department designated by the Minister admininivenng it.or any officer or authority of the lat-.menti'vied Administration designated by theAdministrator. a% thecontext may require:(e) to the Official Garet of the Territory %-hallbe construed as a reference to the azette or tn the Official Gaoerre of theprovince. as the context ma.require() to the Revenue Fund of the Territor shall i.construed as a reference to the State Revenue Fun", or to the provincial revenuefund of the prosince. athe context may require:(g) to the South-West Africa Division of the SuprereCourt of South Africa or to any officer thereof %h3:1 be construed as a referenceto the Cape of G.'o!Hope Provincial Division of the Supreme Court of South Africa or to the officerholding a corresponding offif:e in the last-mentioned Division. as the case may' beEkctorial mattersS. Walvis Say shall ces to be part of the Eleta'ra? Division of Omaruin for theelection of memberx of the Hou e of.Assembly and be deemed not to have beenrzr" thereof at all relevant times, and shall become part of the Electoral Divisionof Namakwaland and be deemed to have been part thereof at all relevant times.Rendering asa'ilae of services. facilities or rwprts arn transfer of property. forpurposes of the ad .nstra::,o of Walsis Bay6. (1) For the purposes of the administration of Warh, Bay(a) the State. including th Provincial Adminttrationof the province. may. on such terms and conduion, a.may be agreed upon. place services. facilttae' or propefl'.at the dispoal of te AdminLTation of the territ',r.and(b) the Administration of the ternl'or may. on -.u:.h

terms and conditions a ma. be agreed upon. pLace services. facilities or propertyat the dispo. I.f the State.including the Provincial Administration of the province(2) The Administration of the terrilor may. on such terms and conditions as maybe agreed upon. transfer movable property. and immovable property 4ituated inWalvis Bay. used by it for the purpose' of the Admpirstion of Walvi. Bay. to theSlate, including the Prinn."ai Administration of the province.PA! ib'141 rrn~uu.gr r "AnO rnv~," ,-,.,.,nfu QMT,-,,,"PAGEl 347 11c-A II 0w Fb. I ,.G

Rr-r-e-irf b TUc AlA a.I DA fPAAAi lAu rA T l w-rTQ PAGE 3484 No.5$731SrAATSKOERANT, 31 AUGUSTUS 1977Herroeping en wysiing van wete7. Die wette in die Tabel vermeld word hierby haroep of gewysig in die mate uiterit in die derde kolom daarvan.Kort titel en inwerkinotredine3. Hierdie Proklamasie beet die Proklamnasie op die Administraie van Walvisbaien tree op I Sepe mbak 1977 in werking.TABELWETrE II E R OF GEWYSIGNo. an jawe Owvaa avan WetWet 24 van 1922 Wet be t.effe Aaen 1na- Die haIcep" avan Afnk 1922 van die grwet 39 van 1948 Wet op die Xamtine van DieharneeptagSuidw*-Afrika. 1968 van artilid36.No. R. 203. 1977WYSIGING VAN DIE WET OP DIE HOOGGEREGSHOF. 1959 (WET 59VAN 1959) MET BETREKKING TOT DIE HAWE EN NEDERSETTINGWALVISBAAIKragtens die bevoegdbeid my vermt by artikel 38 vano die Wet op die Konstitnsievan Suidwes-Afika. 1968 (Wet 39 van 1968). wsig ek hirby met ingang van ISeptember 1977 die Eerste Bylac by die Wet op die Hoogge 1959. dew in diederde kolom in di omskzywing van die regsebled van die Suidwes-Afrkas-afdelinvan die Hooggerephof van Suid-Afrika die woorde "cc die hawe am nedersettingWalvisbag" te skrap.Gqe onder my Hand n die Sd van die R ublick van Suid-Afrika to Pretoria. opbede die Derti van Augustus Eenduisend Negeonderd S ,.-sentig.N. DIEDERICHS. Staatspreddent.Op las van die Stiatspresident-in-rade: J. T. KRUGER.No. R. 204. 1977DIE HAWE EN NEDERSETTING WALVISBAAI.VERSKAPEING VANSTERK DRANK

Kragtens die bevoegdheid my veri by artill 33 van die Wet op die Konstitusie vanSuidwes-Afrika. 198 (Wet 39 van 168). bepaai ek hierby dat die bepalsins van dieDrankwet. 1923 (Wet 30 van 1928). met ingang van I September 1977 Wue opdie hawe en nedeetuing Walvibaai. vermeld in die Walfish Bay and St Jon's RiverTerritories Annexation Act, 1334 (Wet 35 van 1984 van die Kaap die GocieHoop). en ook die gebied war dit on*ring en beprens. soois in genoende Wetbeskryf. van toopassing is ft an dat die bervoedhede, werkanambede en pligte vandie Drankliscosiemad. ingpe.W by ardlke 12 van die Drankordonnanie. 1969(Orlommamie 2 van 1969 van die gebied Suidwes-Afrika). vir sw hulk vantoepasng is op genoande hawe an nedersetting an die gabled vat dit omnring enbge soos voomad aa die Nasionale Drankraad. ingesel kragea artkel 11Wisvan die Drankwet. 1921. opgedn en toegewys word. Gegee onder my Hand en dieSe van die Republiek van Suid-Afrika te Pretoria. op hele die Dertipte dag vanAugustus Eenduisend.Negebonderd S.renae-wtig. N. DIEDERICHS. Szastsp rsdenL Op las van die Slaatspresident-in-rade: J. T. KRUGER.Repeal and amendment of laws7. The laws specified in the Schedule are hereby repealed or -ad to the extentset out in the third column thereof.Short title and commencement3. This Proclamation shall be called the Walvis Bay Administration Proclamationa shall come into operation on I September 1977.SCHEDULELAWS REPEALED OR AMENDEDExtent ofNo. and year Title mIajmorof Law amendmentAc 24 of 1922 South-West Afnca Affairn Act. The repeal of192-1 I the whole.Act 39 of 198 South.West Affnca Constitution The repeal ofAct. 1968 s ion 36.No. R. 203. 1977AMENDMENT OF THE SUPREME COURT ACT. 1959 (ACT 59 OF 1959)RELATING TO THE PORT AND SETTLEMENT OF WALVIS BAYUnder the powers vested in me by section 38 of the South-West AfricaConstitution Act. 1968 (Act 39 of 1968). I hereby amend with effect from ISeptember 1977 the First Schedule to the Supreme Court Act. 1959. by thedeletion in the third column in the description of the area of jurisdiction of theSouth-West Africa Division of the Supreme Court of South Africa of the words"and the port and settlement of Walvis Bay".Given under my Hand and the Seal of the Republic of South Africa at Pretoriathis Thirtieth day of August. One thousand Nine hundred and Seventy-seven.N. DIEDERICHS. State President.By Order of the State President-in-Council:J. T. KRUGER.No. R- 204. 1977

THE PORT AND SETTLEMENT OF WALVIS BAY.SUPPLY OFINTOXICATING LIQUORUnder and by virtue of the powers vested in me by section 38 of the South-West'Africa Constitution Act. 1968 (Act 39 of 1968). 1 hereby declare that theprovisions of the Liquor Act, 1928 (Act 30 of 1923), shall with effect from ISeptember 1977 not be applicable to the port and settlement of Walvis Bay.mentioned in the Walfish Bay and St John's River Territories Annexation Act.1884 (Act 35 of 1884 of the Cape of Good Hope). and the territory surrounding itand bounded as described in the said Act. and that the powers. functions andduties of the Liquor Licensing Board established by section 12 of the LiquorOrdnance. 1969 (Ordinance 2 of 1969 of the territory of South-West Africa). in asfar as they are applicabk to the mentioned port and settlement and the territorysot.iounding It and bounded as aforesaid, are conferred and assigned to theNational Liquor Board established in terms of sec-. tion II 9s of the Liquor Act.19n.Given under my Hand and the Seal of the Repliblic of South Africa at Pretoriathis Thirtieth day of AugUst. One thomand Nine hundred and Seventy-seven.N. DIEDERICHS. State President. By Order of the State President-in-Council. J.T. KRUGER.PAGE 348

PAGE '4 nrrnijuu .u 34 ne IVrI 4WI" DI 7 1 rW* V... ,vV. ,GOVERNMENT GAZETE. 31 AUGUST 1977No. $731 SNo. R. 205. 1977WALVISBAAI EN NEDERSETlNG.-HERROEPING EN TOEPASSINGV N SEKERE WETTEKragteas die bevoegdheid m, verleen by artikel 38 van die Wet opdie Konsutusievan Suidwes-Afrika. 1968 (Wet 39 van 1968). verkluar ek hierbyfa) dat in hierdieProklamasie. tensy uit die samehanganders blyk. beteken-(i) "Walvisbaai" die hawe en nederseting van Walvisbaaibedoel in die Walfish Bay and St. John's River Territories Annexation Act. 1884(Wet 35 van 1884 van die Laap die Gocie Hoop)L en ook die gebied wat ditomring an begren word sos in genomLde Wet besk;yf,(ii) "wene" in paragrad (c). ook eaige regulasiesuitgevaardig kragtens 'n wet daarin bedoel;(b) dat die Naturell.adminisgzsic-Proklamasie. 1928(Proklamasie 15 van 1928 vn Suidwes-Afrika). en die r, -lxsies diarkragtensuigevaardig. met ingang van I ztober 1977 ophou om in Walvisbaai vantoepassingto wees:(c) dat die wene vermeld in die ecte kolom van dieBylae slegs met ingang van die onderskele datums in die tweede kolom van dieBylau teenoor daardie wette vermeld. in Walvisbaai van toepasatg is;(d) dat In verwysiang ma "naturel in mnige wet vantoepassing in Walvisbaai. uitge word as 'a verwysing

ma "Bantoe".Gegee onder my Hand en die Se8 van die Republiek van Suid-Afrika t Pretoria.op hede die Dertigste dag van Aagustus Eenduisend Ncgehonderd Sewe-en-sewentig. N. DIEDERICHS. Staxtspresiden.Op las van die Saatspresident-in-rade:M. C. BOTHA. *'BYLAEWetts wa van toepasaing pinmak word Datum(a) Die Bantoe-administrask Wet, 1927 (Wet (a) I Oktober 1977.No. 38 van 1927)(b) P' Bato d minisuie-et. 1927 Wysia (b) I Oktobe 1977.kret. 1929 (Wet No. 9 van 3929)(c) ltans (Afskaffin van Pam en Ko- (c) I Januare 1973.ordu8enng van Dolumeute) Wet. 1952(Wet No. 67 van 1952)(d) Die Wet op Bantoebeliatin 3969 (Wet (d) I Jamn ie 19M.No. 92 van 1969)No R. 205. 1977WALVIS BAY AND SETTLEMENT.-REPEAL ANDAPPLICATION OF CERTAIN LAWSUnder the powers vested in me by section 38 of the South.Wes AfricaConstitution Act. 1968 (Act 39 of 1968). 1 hereby declare(a) that in thisProclamation. unless the contextotherwise indicates(i) -Walvis Bay" means the port and ,ettlement ofWalvis Bay referred to in the Walfish Bay and St John's River TerritoriesAnnexation AcL 1884 (Act 35 of 1884 of the Cape of Good Hope). and includesthe territory surrounding it and bounded as described in the saidAct:(ii) -laws" in paragraph (c) shall include any regulations made under any lawcontemplated therein;(b) that the Native Administration Proclamation.1928 (Proclamation IS of 1928 of South-West Africa) and the regulations madethereunder, shall cease to apply in Walvis ay with effect from I October 1977;(c) that the laws mentioned in the first column of theSchedule shall apply in Walvis Bay only with effect from the various datesmentioned opposite the saidlaws in the second column of the Schedule:(d) that any reference to "native" in any law applicable in Walvis Bay shall beconstrued as a referenceto "Bantu".Given under my Hand and the Seal of the Republic of South Africa at Pretoriathis Thirtieth day of August. One thousand Nine hundred and Seventy-seven. N.DIEDERICHS, Sate President. By Order of the State President-in-Council: M. C.BOTHA.SCHEDULELaws made appiable Dat

(a) The Bantu Administration Act. 1927 (Act (a) I October 3977.No. 38 of 1927)(b) The Banu Admnttion Act. 1927. (b) I October 1977.Ammdmet Act. 1929 (Act No. 9 of 1929)(c) The Bamu (Abolition of Pan.e and Co- (c) I January 1978.ordination of Don umats) Act. 1952 (ActNo. 67 of 192)(d) The Bantu Taxation Act. 3969 (Act No. 92 (d) 3 January 1973.of 1969)F' f'tl ~ ~ "i eP lkI 'I'& IIIArliA~ IA11fA "'1^AIC fCA M'r0C

DDDe-&nrrf QV TugW AMLIBIA CO UICATIONS CENJTRE AE5Operative paragraphs relating to Walvis Bay of UN General Assembly Resolution32/9 of 4 November 1977:Situation in Namibia resulting from the illegal occupation of the Territory bySouth AfricaThe General Assembly,Strongly condemning, as an act of colonial expansion, the decision of SouthAfrica to annex Walvis Bay, thereby undermining the territorial integrity ofNamibia,2. Reaffirms the inalienable right of the people of Namibia to self-determination,freedom and national independence in a united Namibia, in accordance with theCharter of the United Nations and as declared in resolutions 1514 (XV) and 2145(XXI) as well as subsequent resolutions of the General Assembly and the SecurityCouncil relating to Namibia, and the legitimacy of their struggle by all means attheir disposal against the illegal occupation of their Territory by South Africa;6. Declares that the decision of South Africa to annex Walvis Bay is an actofcolonial expansion in violation of the purposes and principles of the Charter ofthe United Nations and of General Assembly resolution 1514 (XV) and that suchannexation is illegal, null and void;7. Declares that Walvis Bay is an integral part of Namibia with which it isinextricably linked by geographical, historical, economic, cultural and ethnicbonds; 8. Categorically condemns South Africa for the decision to annex WalvisBay, thereby attempting to undermine the territorial integrity and unity ofNamibia.PAGE 350

DA~~ ~ ncognflhirfl flY rU~ ?.IADAIRIA COMMUNICATIONS CENTRE ~J.I W JUSTICEUNITED NATIONS OFFICE OF PUBLIC INFORMATIONSpecial Supplement No. 2 June 1978This Special Supplement Is Issued by the Office of Public Informationat the request of the United Nations Council for Namibla.tja I I I \\\I Walvis Ba)OA%

WALVIS BAY - AN INTEGRAL PART OF NAMIBIA Statements in Support ofthe Territorial Integrity of Namibia including Walvis Bay, by Representatives tothe Ninth Special Session of the General Assembly, on the Question of Namibia,24 April - 3 May 1978rpur- aJ4OrDOnn"rrn Qv Tlic JuAMIBIA CO UNICATIONS CENTRE

?W'.RL, hrr OFJ TI~ Al LIDA f1AIl.lfAUOiCf'AI PAGE 352ncrnJuut01A A-%a, *A1~1AJ1r VDCnvnn%,dV~fuf~l"The General Assembly reiterates that Walvis Bay is an integral part of Namibiaand condemns South Africa in the strongest possible terms for its decision toannex Walvis Bay, thus violating the principle of the territorial integrity ofNamibia which is embodied in relevant resolutions of the General Assembly andthe Security Council.... It further reiterates that this decision is illegal, null andvoid and that It is an act of aggression against the Namibian people. The existenceof South African military bases in Walvis Bay is a threat to the natiorial securityof Namibia. The illegal annexation of Walvis Bay, the main port and vitaleconomic avenue of Namibia, is a deliberate attempt to undermine the territorialintegrity, economic independence and national security of Namibia...."The General Assembly urges all States to do their utmost to compel South Africato renounce its spurious claims to Walvis Bay, to respect the territorial integrity ofNamibia and to withdraw immediately from the entire Namibian Territory."- From the Declaration on Namibia and Programme of Action in Support of Self-Determination and National Independence for Namibia, adopted by the GeneralAssembly on 3 May 1978.INTRODUCTIONThe territorial Integrity of Namibia and the Inalienable right of its people tofreedom and independence in accordance with the Charter of the United Nations,the Declaration on the Granting of Independence to Colonial Countries andPeoples and resolutions concerning Namibia has been repeatedly reaffirmed bythe General Assembly since 1967 when, at Its fifth special session, it establishedthe United Nations Council for Namibia as the legal administering authority forthe Territory until Independence.South Africa's presence In the Territory was declared illegal by the SecurityCouncil in 1970, and the International Court of Justice ruled in 1971 that "thecontinued presence of South Africa in Namibia being Illegal, South Africa isunder obligation to withdraw its administration from Nambia and thus put an endto its occupation of the Territory".In January 1976, the Security Council. In resolution 385(1976), condemned thecontinued Illegal occupation of the Territory of Namibia by South Africa andreiterated its demand that South Africa withdraw its illegal administration andtransfer power to the people of Namibia with the assistance of the United Nations.The Council declared that. "in order that the people of Namibia may be enabled todetermine their own future, t is imperative that free elections under thesupervision and control of the United

Nations be held for the whole of Namibia as one political entity". It demandedthat South Africa urgently make a solemn declaration accepting these provisionsfor the holding of elections, and "recognizing the territorial Integrity and unity ofNamibia as a nation".Last year. the International Conference in Support of the Peoples of Zimbabweand Namibla held In Maputo, Mozambique, in May, adopted a declarationstrongly condemning the colonial and illegal occupation of Namibia by SouthAfrica and recognizing Walvis Bay as an integral part of Namibia,South Africa has not only defied the repeated demands of the United Nations forits withdrawal, but in August 1977 announced that it was annexing Walvis Baywith the intention of establishing a South African enclave centered on the onlylarge seaport along the Namibian coast. The Council for Namibia immediatelycondemned in the strongest possible terms this further Illegal act by South Africaand reaffirmed that Walvis Bay is an Integral part of Namibia to which it IsInextricably linked by geographical, historical, cultural, economic and ethnicbonds. The General Assembly, at its regular session later In 1977, endorsed thestand of the Council for Namibia and proclaimed that South Africa's annexationof Walvis Bay is Illegal, null and void.PAGI S2

DrnD,~flJIrEfl DV FUr AlA AAIDIA rAUUIIRIICATIAAK (FNTRF rAhJE 3~3ncrna.r~ a., u,.~,vnw.,..,- ..... -. -. -.. . . -- . -In March of this year, the United Nations Council for Namibia, after holding aseries of extraordinary plenary meetings in Lusaka, Zambia, adopted the LusakaDeclaration in which it again strongly condemned South Africa for its decision toannex Walvis Bay. "This decision." the Council declared, "is an act of aggressionagainst the Namibian people and has been rejected by the United Nations asillegal, null and void. This Illegal annexation of Walvis Bay is a deliberateattempt to deprive-Namibia of its main port and vital economic avenue and retaina strategic military base in this part of Namibia. Walvis Bay is an integral part ofNamibia with which it is Inextricably linked by geographical, historical, cultural,economic and ethnicBackground NoteDespite the fact that Walvis Bay Is an integral part of Namibia, the South AfricanGovernment continues to claim sovereignty over it. This claim Is based on earlycolonial arrangements and arises mainly from the strategic military and economicImportance of Waivis Bay.South Africa maintains a military base at Waivls Bay which is well entrenched inNamiblan territory. It has extensive military facilities at Roolkop, in the WaMsBay area, which are used for the training of conscripts In desert warfaretechniques, as well as for transmitting and relay stations forming part of thetroposcatter, long-range communications system installed by Marconi, Ltd., of theUnited Kingdom, along the Angolan border. The troposcatter system is designedto convey counter-Insurgency information to secure military sites and Is linked,via Walvis Bay, to the Advocaat naval control centre at Silvermine, near Cape

Town. As a deep-water harbour, Walvis Bay is also an Important forward stagingpost for South African naval units which Illegally patrol the Namibian coast.In August 1977, in order to retain control over Walvis Bay, the South AfricanGovernment sought to annex the area, publishing a proclamation by the terms ofwhich Walvis Bay would "revert" to being administered as part of the .apeProvince..To a large extent. control of Walvia Bay represents economic control of Namibia.Until another port can be developed, excising Walvis Bay would, for all practicalpurposes, leave the Territory a land-locked country.Extending over an area of 1,124 square kilometres, Waivis Bay consists of agrowing port, with extensive fishprocessing plants; a town, with Its segregatedAfrican workers' barracks; coastal marshes; and vast stretches of shifting dunes.The harbour of Walvis Bay is far larger and more favourably endowed than thatof Lnderitz. the only other port to the south, which is partly silted up, has poorcommunications links and handles only a fraction of Namibia's trade. Walvis Bayhas a wide mouth and a 10-kllometre long protective sand spit, and can bedeepened relatively easily and inexpensively.bonds. The existence of military bases of South Africa in Walvis Bay is a threat tothe territorial integrity and national security of Namibia".At the recently concluded ninth special session of the Assembly on the questionof Namibia, the overwhelming majority of Member States, through theirrepresentatives, expressed their commitment to the preservation of the territorialintegrity of Namibia, including Walvis Bay.In order to highlight these views in support of the preservation of the territorialintegrity of Namibia, includIng Walvis Bay, the Council for Namibia requestedthe Office of Public Information to publish extracts of the statements In thegeneral debate of the special session.Walvis Bay is the western terminus of the Namiblan railway system, which iscontrolled and operated by the South African Railways and HarbourAdministration. It connects, in a meandering fashion, via Swakopmund, withTsumeb and Grooffontein to the north-east; via Windhoek with Gobabis in theeast and with Keetmanshoop and L0deritz In the south; and with the SouthAfrican railway system at Nakop on the eastern border.Walvis Bay Is served by two road connexions through the desert with the coastand the hinterland. One leads to Swakopmund, the other goes on to Windhoek or,via a fork, to Rehoboth, and from either of these municipalities to any part of theTerritory which Is accessible by motor vehicle.The Walvis Bay port, with eight deep-water berths. Is the fifth largest port ofsouthern Africa. International shipping lines to and from South Africa, WesternEurope, Japan and the United States call regularly at Waivis Bay. The porthandles over 90 per cent of the Territory's export trade and Is used for theshipment of all of Namibia's mineral production, with the exception of diamonds,and of agricultural and industrial products such as karakul pelts and meatproducts. Walvis Bay is also the centre of Namibia's second largest economicactivity, the pelagic fishing industry.

In September 1977, It was reported that the South African Government had Issueda proclamation extending Its territorial waters to 200 nautical miles as of 1November 1977. If South Africa were to retain control over Walvis Bay, the 200nautical-mile limit would Include the areas due west of Walvis Bay, the PenguinIslands and the surrounding waters. The 13 Penguin Islands, although stillundeveloped, are reported to be economically valuable as a source of vast guanodeposits and off-shore diamond fields. The effect would be to cut a swath throughthe richest part of Namibia's off-shore fishing grounds, ensuring South Africancontrol of the bulk of the fishing and fish-processing revenues and the futuredevelopment of the resources of the Penguin Islands.nrnn^n"rrn ov rur A#AAAiRIA rt) UNIrA TIQNS rFNTRr/Mic 3:13nA pr" 1:'

aErrI I I U I'. n,, D r8A fUE AflJAI ?JfiAlCP' lCAIT iA. i , incrn.Juu'..cz,~~~PAG 354f~Jfl,~~ .i VlSEXTRACTS OF STATEMENTS IN SUPPORT OF THE TERRITORIALINTEGRITY OF NAMIBIA, INCLUDING WALVIS BAY, BYREPRESENTATIVES TO THE NINTH SPECIAL SESSION OF THEGENERAL ASSEMBLY, 24 APRIL - 3 MAY 1978The extracts below were selected by the United Nations Council for Namibiafrom statements made by representatives to the ninth special session of theGeneral Assembly on the question of Namibia, held at United NationsHeadquarters from 24 April to 3 May 1978. The statements are presented in theorder in which they were made in the course of the fifteen plenary meetings of thespecial session.At the first meeting, on 24 April, keynote statements were made by the Presidentof the General Assembly, Mr. Lazar Mojsov (Yugoslavia); the President of theUnited Nations Council for Namibia, Miss Gwendollne C. Konie (Zambia); theChairman of the Special Committee of 24 on decolonization, Mr. Salim A. Salim(United Republic of Tanzania) (see p. 5); and the President of the South WestAfrica People's Organization (SWAPO), Mr. Sam Nujoma. Mr. Nuioma alsospoke during the course of the debate and on the closing day. Extracts from hisstatements appear below.The debate on the question of Namibia began at the second meeting andcontinued through the fourteenth. At the final meeting of the session, on 3 May,statements were made before the vote by several representatives. A rollcall votewas then taken on the draft resolution prepared by the Ad Hoc Committee of theninth special session. The resolution (S-9/2), containing the Declaration onNamibiaand Programme of Action in Support of Self-Determination and NationalIndependence for Namibia, was adopted by 119 votes in favour to none against,with 21 abstentions.In the Declaration on Namibia, the Assembly reiterated that Walvis Bay "is anintegral part of Namibia" and it condemned South Africa "in the strongestpossible terms for its decision to annex Walvis Bay, thus violating the principle of

the territorial integrity of Namibia which is embodied in relevant resolutions ofthe General Assembly and the Security Council". The Assembly further reiteratedthat South Africa's decision to annex Walvis Bay "is Illegal, null and void" and"an act of aggression against the Namibian people". The Assembly declared thatthe existence of South African military bases in Walvis Bay "is a threat to thenational security of Namibia" and that the "illegal annexation of Walvis Bay, themain port and vital economic avenue of Namibia, Is a deliberate attempt toundermine the territorial Integrity, economic independence and national securityof Namibia".In the Programme of Action in Support of Self-Determination and NationalIndependence for Namibia, the Assembly urged all States "to do their utmost tocompel South Africa to renounce its spurious claims to Walvis Bay, to respect theterritorial Integrity of Namibia and to withdraw immediately from the entireNamiblan Territory".POSITION OF THE SOUTH WEST AFRICA PEOPLE'S ORGANIZATIONMr. Sam NuJoma, President of the South West Africa People's Organization(SWAPO): SWAPO has maintained and still maintains that Walvis Bay is anIntegral part of Namibia. Therefore, to us the question of Walvis Bay Is notnegotiable and cannot be compromised. We construe the resolve of the fiveWestern members of the Security Council to expunge the question of Walvis Bayfrom their proposal to be a deliberate contrivance designed to ensure SouthAfrica's strategic leverage for blackmailing and committing acts of aggressionagainst an independent Namibia. Furthermore, we regard it as an attemptexpediently to remove the problem of Walvis Bay from the agenda of the UnitedNations, thereby making it easier for racist South Africa to twist the arms of anindependent Namibia.... SWAPO's position Is that Namibia's territorial integrity and national unity,Including Walvis Bay, is Inviolable and non-negotiable. Therefore, ourconcession that a so-called token force of 1,500 South African soldiers couldremain in Namibia during the transitional period includes all South African troopspresently stationed at Walvis Bay and Its environs.... I should like to reassure representatives that the Namibian people, under theleadership of SWAPO, will not succumb to neo-colonial manoeuvres andintrigues aimed at installing a puppet r6gime In Namibia but will persevere andintensify the armed liberation struggle, In the absence of any acceptablealternative, until the whole of Namibia, including Walvis Bay, is totally liberated.PA F :1 ;4

PAGE 355 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREFull text of Security Council Resolution 432 (1978) of 27 July 1978, adoptedunanimously:The Security Council,Recalling its resolutions 385 (1976) of 30 January 1976 and 431 (1978) of 27 July1978, Reaffirming in particular the provisions of resolution 385 (1976) relating tothe territorial integrity and unity of Namibia, Taking note of paragraph 7 of

General Assembly resolution 32/9 D of 4 November 1977, in which the Assemblydeclares that Walvis Bay is an integral part of Namibia, 1. Declares that theterritorial integrity and unity of Namibia must be assured through thereintegration of Walvis Bay within its territory;2. Decides to lend its full support to the initiation of steps necessary to ensureearly reintegration of Walvis Bay into Namibia;3. Declares that, pending the attainment of this objective, South Africa must notuse Walvis Bay in any manner prejudicial to the independence of Namibia or theviability of its economy;4. Decides to remain seized of the matter until Walvis Bay is fully reintegratedinto Namibia.

fl~f~h9II~ O TLC AfA A.4iDIA 1'f% Ai5ArATIAAI~r ('ATOrPAEnW In II ..... ...UNITED NATIONS SECURITY COUNCILDOCUMENT S/12797 Letter dated 31 July 1978 from the representative of SouthAfrica to the Secretary-General [Original: English] 131 July 19781I have the honour to attach the text of a letter addressed to you on 31 July 1978 bythe Minister for Foreign Affairs of South Africa. the Honourable R. F. Botha. onthe question of South West Africa.I should be grateful if this letter could be circulated as a document of the SecurityCouncil.(Signed) I. Adriaan ES TEEN Chargir d'Affairesof the Permanent Mission of South Africa to the United NationsLETTER DATED 31 JuLy 1978 FROM THE MINISTER FOR FOREIGNAFFAIRS OF SOUTH AFRICA TO THE SECRErARYGENERALI have the honour to refer to my statement in the Security Council on 27 July 197812082nd meeting], in which I set out my Government's point of view in respect ofSecurity Council resolutions 431 (1978) and 432 (1978). 1 wish to reiterate thatthe South African Government completely rejeets resolution 432 (1978) andconsiders it to be devoid of any legal or factual basis. I also wish to reaffirm, onbehalf of my Government, that we will not be prepared to negotiate with anybodyon the basis of that resolution.I also wish to bring to your attention the text of a statement made by the SouthAfrican Prime Minister on 28 July 1978:"Walvis Bay is South African territory and no decisionby the United Nations or any other body can deprive South Africa of it. In fact,only a decision by the South African Parliament can bring about change to thestatus aid position of the territory of Walvis Bay."The decision by the Security Council thus has noforce of law and the Government cannot allow that it be dictated to as to what itshould do with.its property orhow it should be controlled or administered."To have negotiations with a friendly Government in

South West Africa about the harbour and its use is one matter which speaks foritself, but to make demands and to link these demands to a settlement in SouthWest Africa is another matter which the Governmefit rejectsunconditionally."The action of the Five Western Powers in the Security Council in supporting theresolution in question has shocked my Government. In this regard, I wish to drawyour attention once more to that part of my statement setting out theunderstanding reached between my Government and the five Western Powers onWalvis Bay. Throughout the negotiations leading to my Government's acceptanceof the Wstern proposal, the Five acknowledged that Walvis Bay was not part ofSouth West Africa. They alluded merely to the possibility that a controversymight arise about the issue at some future stage. They acknowledged that theywere not arguing at all about the political and legal situation in respect of WalvisBay. They were not addressing the merits of the case. On various occasions myPrime Minister alsoinformed the representatives of the Five that the introduction of the Walvis Bayissue into the proposal would lead to the immediate termination of thenegotiations. The Five more than once gave assurances that it was not theirintention to address themselves to the political or legal aspects of the matter. Thiswas reaffirmed by their abstention on General Assembly resolution 32/9 D of 4November 1977, declaring that Walvis Bay is an integral part of South WestAfrica.During the talks in New York in February of this year, it was proposed to disposeof the question of Walvis Bay in a paragraph stating that acceptance of theproposal would in no way prejudice the territorial claim of any party. At myinsistence, it was agreed to delete even this implied reference to the question ofWalvis Bay.The five Western Governments again stated their position, both in the GeneralAssembly on 25 April 19784 and to us, as follows:"All aspects of the question of Walvis Bay must besubject to discussion between the South African Government and the electedGovernment of Namibia".There is no room for any doubt. The language is clear.In the event, the final proposal contained no reference at all to Walvis Bay; nor, Imay add, did Security Council resolution 385 (1976), which has throughoutformed the basis of our negotiations and the final proposal.My Government has carefully studied and considered the explanation of vote inthe Security Council on 27 July 1978 [ibid.] by the United States Secretary ofState, Mr. Cyrus Vance, on behalf of the five Western Powers, as well ascommunications received from them on the issue of Walvis Bay.'While we cannot agree with their justifications for intioducing the Walvis Bayissue at all, my Government has taken note of certain clarifications, inter alia, thatthey do not regard this subject as part of their settlement proposal and theyemphasize that the resolution does not address itself to the legal status of WalvisBay, nor does it, in any way, prejudice South Africa's legal position.

According to the Five, the "steps necessary" rtfenred to in paragraph 2 ofresolution 432 (1978) means negotiation and does not seek to coerce any party.Furthermore, it is stressed, the treatment of Walvis Bay is in a future context andthere is no timetable-the future of Walvis Bay can only be determined indiscussion between the South African Government and the future Government ofSouth West Africa.In light of what has happened, two aspects have taken on special significance inthe deliberations of the South African Government, namely (a) the issue ofWalvis Bay, and(b) the implementation of the proposal.I have already set out the South African Government's'Ibi.. NinTh Spfiat Sessin. Pkwy Meedns. 3 memting. pw& lot.PAGE 356

rOAV±JC 2C7i |rV l I DCDDnn yTUCAJA"A0RIIIA COUUNICATIONS CENTREposition on Waivis-Bay--Beaing in mind the nianner in which this issue has beendragged into the ambit of the proposal, the South African Government is deeplyconcened that the letter and spirit of the proposal would not be observed andimplemented by some of the panics. Accordingly, the South African Governmentwould wish to satisfy itself that the letter and spirit of the proposal will indeed behonoured, such as those provisions concerning the maintenance of law and order,the presence of South African forces and the functions, deployment, size andcomposition of United Nations military personnel and observers, as well as thecommitment that the elections would be held before the end of 1978.In spite of our misgivings flowing from the circum-stances set out above. the South Afrian Ct'-mr'nm., ag well as the Administrator-General of South West Africj would be willing to receive your SpecialReprescntative and to await his subsequent report on the manner in which he, iuhis capacity as your Special Representative, envisages the implementation of theproposal. which we on our part acepted in good faith on 25 April last. On receiptof hW report the South African Government will decide whether hisrecommendations arc indeed in accordance with the, proposal.(Signed) R. F BorHMinister for Foreign Affairrof South AfricanA#'-C'2C'7

rconnnhrnl l Tv I. AlA LIIArAMMmrATIfK TRAOperative paragraphs relating to Walvis Bay of UN General Assembly Resolution35/227 of 6 March 1981:Question of NamibiaSituation in Namibia resulting from the illegal occupation of the Territory bySouth AfricaThe General Assembly,

Strongly condemning as an act of colonial expansion the decision of South Africato annex Walvis Bay and to claim sovereignty over the Penguin and otheroffshore islands, thereby undermining the unity and territorial integrity ofNamibia,3. Reaffirms the inalienable right of the people of Namibia to self-determination,freedom and national independence in a united Namibia, including Walvis Bayand the Penguin and other off-shore islands, in accordance with the Charter of theUnited Nations and as recognized in General Assembly resolutions 1514 (XV)and 2145 (XXI), as well as in subsequent resolutions of the Assembly relating toNamibia, and the legitimacy of their struggle by all means at their disposal,including armed struggle, against the illegal occupation of their Territory bySouth Africa; 18. Affirms that the off-shore islands of Namibia, includingPenguin, Ichaboe, Hollamsbird, Mercury, Long, Seal, Halifax, Possession,Albatross Rock, Pomona, Plum Pudding and Sinclair's are an integral part ofNamibia and that any decision by South Africa to claim sovereignty over thoseislands is illegal, null and void.PAGE 358

PAGE 359 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRETHE PERMANENT MISSION OF SOUTH AFRICATO THE UNITED NATIONS18 NOVEMBR 198829/88ms RW.EASNQUESTION OF WALVIS BAY326 EAST 48th STREET, NEW YORK, NEW YORK 10017TELEPHONE:(212) 371-8154

D~nDrd~flI ICfDV TL1A1AA LWDA fAAE "AIWeA77TfI Cr c 70C~4With regard to certain delegates, references during the Namibia debate to theinclusion of Walvis Bay and certain islands adjacent to the coast in anindependent Namibia, South Africa's position is well known and welldocumented.It is based on the legal position which is that Walvis Bay is not part of South WestAfrica having been annexed by the British in 1878. It was incorporated in theterritory of the Cape Colonyin 1884 and acknowledged in an international agreement between Britain and theGerman Colonial Government. Ichaboe, the Penguin Islands and eleven otherswere also annexed by Britain in 1861 and 1866 respectively. Sovereignty overthis entire group was transferred to the Cape Colony in 1874.In 1910, when the constitution of the Union of South Africa was drawn up andapproved by the British Government, Walvis Say and the islands became part ofSouth Africa and remain so to this day.

South Africa's acceptance in 1978 of the Western Five contact group's proposalson which Security Council Resolution 435 was based, was on clear undextakings,one of which was that the question of Walvis Bay would not be raised inconjunction with the settlement proposal.This fact was reflected in the group's position as stated both to South Africa andin the General Assembly on 25 April 1978, as follows :"All aspects of the question of Walvis Bay must be subject to ..2/PA F : t;N

DA r1REPRODUCEM RY THF AAMIRIA COMMUNICATIONS CENTRE-2discussion between the South African Government and the elected government ofNamibia.- (S/PV 2082)The question of Walvis Bay and the terms of Resolution 432 demanding that it beintegrated into South West Africa/Namibia are therefore irrelevant to the. processof implementation of Security Council Resolution 435 (1978).SOUTH AFRICAN PERMANENT MISSION TO THE UNITED NATIONS,NEW YORK, 18 NOVEMBER 1988I I-I

NAMIBIAESSENTIAL DOCUMENTS OF THE UNITED NATIONS' INDEPENDENCEPLAN, 1976-89Section 55

I..l I I /.u IwII.I. 4 ..I.lVIV|UlJVI .I t L5V, f Olrl|I rARA" JrIU7DCDDflflhJfCfl DVTUC AlA AZIDIA ffEAaAI ufhldA rIriAle IfAITDEUNTAGN A M I B I AI April 1989PRESSRELEASEStatement Attributable to a Spokesmanfor the Special RepresentativeThe South African Foreign Minister, Mr. R.F. Botha, and theAdministrator-General of Namibia, Mr. Louis Pienaar, have drawn to theattention of the Special Representative, Mr. Martti Ahtisaari, certainincidents on the northern border of Namibia involving armed incursions andclashes with local police resulting in a significant number of casualties.The Special Representative considers this a very serious development and isgiving it highest priority. He will dispatch to the area on Sunday morning 2 Aprila team of four senior military, civilian and police personnel who willreport to him and to the Force Cummander on their return Sunday evening.

In the meantime, the Special Representative has been approached by theAdministrator General with a request to use South African helicopters toevacuate the wounded, and the Special Representative agreed

PAGE 363 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRESOLIDARITY - FREEDOM - JUSTICESWAPO STATEiENT ON CEASE- FIRE VIOLATIONS IN NAMIBIALUANDA2ND APRIL, 1989South West Africa People's Organisation(SwapO) Of HanlbiaDEPARTMENT OF INFORMATION AND PUBLICITYP. 0. Box 953. Luanda, People's Republic of AngolaTel: 34626/34634. Telex 3069information & commentPAGE 363REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 364SWAPO STATEMENT ON CEASE-FIRE VIOLATIONS IN NA4IBIALUANDA2ND APRIL, 1989The allegations by the South Africa Foreign Minister'in Windhoek yesterday thatSWAPO has carried out military raid on South African troops in Namibia ismisleading and false.The Information that SWAPO has is that the South African military authoritieshave lately authorized two of their anti-SWAPO units, namely Battalions 101and 202 to conduct a general hunt of PLAN soldiers who had been inside Namibiaavoiding armed contacts with the South African forces since September last year.The apparent reason for this was to try to eliminate all armed SWAPO cadtvbinside Namibla before the cease-fire went into effect on I April. After havingexhausted all options to evade the pursuing enemy, PLAN combatants decided tostand and fight. They thus clashed with South African troops lat Okahenge Innorthern Namibia, and frbet then on the situation developed rom bad to worse asmore units Joined the fighting. More PLAN mn'took positions in echelon to fightin support .of their comrades facing a premeditated campaign of annihilation.However, SWAPO armed cadres have been under strict Instructions not to Initiateany act of military hostility in violation of the cease-fire agreement which cansinto effect yesterday. To this end, the President of SWAPO visit ed. NamibIa/Angolan frontier areas on 30 and 31 VArch to issue cease-fire directives toPLAN members In an effort to ensure that the teras of the ceae.firp sarezmontwere respected to the letter and spirit. It remains the earnest desire of SWAPO toscrupulously observe the term of the cease-fire agreement. To avoid furtherclashes, SWPPO considers it imperative that UN Transition Assistance Group

(UNTAS) moves swiftly to demobilize and confine to base the former warringtroops. The leadership of SWAPO is ready to play its part in ensuring that furtherclashesare avoided by moving swiftly all PLAN cadres on both side of theNamibla/Angolan border under UNTAC confinement. To this end, SWAPOextended an urgent Invitation to UNTAG that a meeting should be held betweenthe UNTAG Force com-nander or his representative to met with PLAN Seniorcommnders to work out' arrangements for troops demobilization and confinementto bases. This was on 22 March.PAGE 364REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

PAGE 365 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-2It Is to be regretted that such a meting hat not yet taief place, :Ourdelegation of PLAN cobnianders is in Luanda watihg for the plan;ied metingwith UNTAG miltdry officers.UNTAG also need to deploy the necessary force to carry ot the 4n dbiliztiohand c onfinement of the opposing forces. The skeleton of 873 trobps hba onthe ground is far Inadequate. As a consequence of this inadequacy, theSpecial Representative of UK Secretary General In Namibia has authorisedSouth African troops to attack and eliminate PLAN cadres in theirnwtherl and.The need to move with maximum speed cannot be over emphasized because thecease-fire agreement is being violated In many other forms by the vengefulSouth African troops and their local conscripts. For Instance, on thecease-fire day, South African helicopter gunships fired shots at a group ofSWAPO supporters at Oiamn&o in northern Namibia* killing 8 of them andwounding several others. The crime for which these compatriots were killedand others maimed is that they wore SWAPO T-shirts. Indeeds people are beingkilled and beaten up every day In northern Namibia for daring toput on SWAPO T-shirts. Houses of SWAPO supporters are daily being burntdown by members of Battalion 101 and 202,On 31 March, the city of Wlndhoek was turned into a huge military barrackas the South African military authorities in the territory brought thousandsof members of these notoriously anti-SWAPO Battalionz to beat up and shootat SWAPdO -embers wl, load gathered in the capital to welcome the UN.SecretaryGeneral s Special Representative. Because It was quite obvious that there wasgoing to be bloodshed, the SWAPO leadership in the country decided to call offthe planned welcome march to the airport.For the last 5 months, the South African troops in Namibla have been waging anunmitigated anti-SWAPO political and Intimidation campaign to harass andhumiliate our supporters.This is the background against which the present situation must be seen

ISSUED BYDEPARTMENT OF INFORMATION AUD PUBLICITY

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPG 6UNITEDs~ Security Council3April 1989ORIOI XALI EN~GLISHLETTER DATED 2 A.PRIL 1989 FROM "I£ pX UAET REPRESEPTTIVEOF SOUTH1 AFRICA TO Tr UN~ITED li4TIORS >.DDRESSED TO TREI hav# the honour to ~nl*** the text «I & lottar ated 2 April 1989 from~ theMinister for Foreign Affairi of South Af dco coucerfling the grav# *vetta Of thelagt tv* day& in X&mdbia.i have been Ingtructod to regue st thgt It bg circul~td as a doCufft Of the SecurityCouncil.<Z.g.Uå)Jerefny B1. SHEARAR Perma&nent RepreBsentativa89-08519 0884J (z)>PAGE 366

ftAI~~ 5~~*I Dco-fr-IWo D-LYicr mAAAIPIA r-nuuIIWrATIONPJCENJTREs/20SS7EnglishPage 2AnatlLetter dated 2 Aptil 1J98 ro ,. ..L_J!hI13xfor addrsse &gn &h2~aI t?~dL..~x ~iQS3er .rf-GeneralWith reference to our telephone conversation of 1 April 1989, I have to informyou that a grave situation has arisen on the northern border of South-Westkfrica/Namlbia as a result of continued and escalating violation by the South WestAfrica People's Organization (SWAPO) of the agreements signed in New York on22 December 1988 by the People's Republic of Angola, the Republic of Cuba andthe Republic of South Africa.The incontrovertible facts are thatt(a) During the night of 31 March 1989 and on 1 April 1989 an estimated 600 to800 SKAPO elements crossed the border from Angola into Namibia. This figurecould be as high as 1,000. They are heavily armed, with AX-47 semi-automaticrifles, mortars and even ground-to-air missiles. These elements entered theterritoryin their uniforms)(b) On the basis of Information obtained from those capture S APO elements wereordered to cross the border into South-West Africa/Ramibia in uniform and underarms, jntg&aUjli. in order to establish bases In Namibia.. They claim that theircommanding officers Informed them that, as a cease-fire was in existence, theyneed not fear resistance. Should resistance be encountered the United Nations

would take care of them. Reliable information Indicates that between 4,000 and5,000 SWAPO elements are presently below latitude 161S.This Inexplicable action on the part of SWAPO constitutes a clear violation ofagreements reached between South Africa, Cuba and gola. These agreementswere endorsed by the Security Council. He are clearly dealing with a situationwhere SWAPO Is flouting those agreements and is defying the Security Council.In addition, SWAPO has of course violated the written undertaking It gave to youto cease all hostilities as of 1 April 1989.I trust you will agree that this Is an Intolerable situation. The Republic of South'Africa has acted strictly in terms of its commitments and will continue to do so.It Is significant that at the time of writing no statement has been made by theleadership of SWkPO on this cynical disregard of its obligation to you, theSecurity Council and the international community at large.One cannot help feeling compassion for such unnecessary carnage of SWAPOelements who could have re-entered Namibia quite legally to participatepeacefully in the political process, according to the agreed procedures of whichthey had obviously not been informed. The leadership of SWXPO will have toaccount forA,-O '3&'V

fcrlEDf#%IrJ, DV Iru AlA ArIDI A ,r% AIAIIrATI AAC rrAITREPAGE.36.5/20557EnglishPage 3Its callous dircgar f or human life end contempt for internatioual agreements. Itwill have tgespala i ts action and its dire consequences to the people of Wandbia.SWAPO'S eldorship should urgently bo brought to its senses.As you ara aware, SWAPO was required by this time -to havo all Its personnelcouflned to bases north of latitude 16*S. Those bases should, In tirms of thoagreements, he monitored by the United Nations Transition AssistancetGroup(UNTAG).? should be grateful to learn whether INTAG is, In fact, monitoring such bases ndto inquire whetho4 the monitoring reports could be made available to via.The AdminIstrator-Oenoral will continue to act in concert with your SpecialReproseitative regarding the steps considered necessary to deal with the situation.I was In the Territory on 31 March and I April 1989 where I met with !our SpecialRepresentative and his staff. I have a deep understanding of the onerous takassigned to them, particularly at this time of such threatening crisis.I ttust that you.end the Security Council will make it possible for myCovernmont to continue to co-operate and fulfil its coiNnitmonts in terms of the*gteomont*.+ I appeal to you and to the Security Council to take a firm and clearstand on this act of deilance by SWAPO.PAGE 368

PAGE 369 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREUN TAGI B I AStats Raept on JAG Military c~onre.nt3 April 1989Total udJ. mlitary personnel in N-rn.bia as of Y'April: 921.EL-ekdn by nationality:96 A :sralia 25 Barglade60 can!,da20. czec="lov.akia132 Der ar 43 Finland 20 India * 20 reland.58 Italy SO. Kenya62 alaysia0 faia ..20 Pakistan.19 Peru32 loland 4OSpain 20 audan46 S9itzerland25 TcIo"79 UK25 Yw-l2IVi921 TMN A MPRESS RELEASE

FI I IdJ r Dv TI' lAiA A llA fVI8AIAIlUIW IrA 7InAI, rAIT C PE....!UNTAGN AM I B I APRESSRELEASEStatement Attributable to a Spokesman for the Speial Representative3 April 1989The Special Representative, Mr. Martti Ahtisaari, is in the process ofreporting to the Secretary General on the recent developments in Namibia. He hasalso been in steady otact with the Administator General and, thrthe Force Commander, Lt. Gen. PemC Chand, with the South African DefenceForces. The immediate objective is to stop an escalation of the fighting andto avoid further bloodshed.The Secretary-General will report to the Security Coucil, which cold go inturgent consultations later today.In the meantime, Under-seetary-General marrack I. Goulding, who isresponsible for United Nations peacekeeping operations, will depart the MiddlEast shortly to visit I±anda for consultaticns with Angolan Government officialson the situation in Namibia. He is expected to arrive there

tomorrow. Mr. Ahtisaari will send to Ilianda a team rode up of several of hissenior staff, including three irrs of the investigative team who visitedthe North yesterday, to join Mr. Goulding.PAGI: 70

qJ29PAGE 371 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREProvisional report by the United Nations Secretary General to informalconsultations of the Security Council on 3 April 1989 (Confidential)MR. PRESIDENT.DISTINGUISHED REPRESENTATIVES.I WOULD LIKE TO MAKE THE FOLLOWING PROVISIONAJ, REPORT ONTIlE DEVELOPMENTS RELATING TO NAMIBIA OVER THE PAST FEWDAYS.IN A MEETINO IN WINDHOEK WITH THE FOREIGN MINISTER OFSOu TH AFRICA, MR. R. DOTHA. HELD ON 31 MARCH 1989, iXYSPECIAL REPRESENTATIVE WAS INFORMED THAT T1E GOVERNMENTOF SOUTH AFRICA BELIEVED THAT APPROXIMATELY 150 ARMEDSWAPO PERSONNEL HAD INFILTRATED INTO NAMIBIA IN THEPREVIOUS 10-12 DAYS. BETWEEN 500 AND 700 Or SWAPO'S FIGHTINGFORCE HAD BEEN MOVED FORWARD AND WERE DEPLOYED 3USTNOR.TH OF THE NAMIBIAN BORDER APPARENTLY POISED TO CROSSI1. MOREOVER.' APPROXIMATELY 60% OF SWAPO'S FORCES INANGOLA WERE NOW SOUTH OF THE SIX1EENTH PARALLEL. INOREACt, liE STATED. OF THE UNDERTAKINGS CONTAINED IN THEGENEVA PROTOCOL or 5 AUGUST 1988. SIGNED BY ANGOLA. CUBAANJD SOUTH AFRICA.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 372-2SHORTLY BEFORE NOON ON 1 APRIL. MY SPECIAL REPRESENTATIVEWAS INFORMED BY MR. LOUiS PIENAAR. SOUTH AFRICA'SADINISTRATOR-GENERAL, OF NAMIBIA, THAT, APPROXIMATELY 50ARMED PERSONNEL HAD CROSSED THE ANGOLAN BORDER DURINGTHt NIGHT OF 31 MARCH/1 APRIL. AND THAT INCIDENTS WEREOCCURRING ACROSS A BROAD FRONT IN NORTHERN NAMIBIA,WITH NUMEROUS CASUALTIES. IN THE COURSE OF THE DAY,SEVERAL SUCH REPORTS WERE GIVEN BY THEVSOUTH AFRICAN AUTHORITIES TO MY SPECIAL REPRESENTATIVEAND THE FORCE. COMMANDER OF UNTAG. THEY INDICATEDMILITARY ACTION ON A SCALE NOT SEEN IN THE NAIIBIANCONFLICT FOR SEVERAL YEARS. MY SPECIAL REPRESENTATIVE

DECIDED TO SEND A TEAM OF SENIOR UNTAG OFFICIALS TO MAKEAN IN-DEPTH EVALUATION AS SOON AS POSSIBLE.LATER THAT DAY. FOREIGN MINISTER BOTHA INFORMED ME OVERTHE TELEPHONE THAT HIS GOVERNMENT WAS DEEPLY CONCERNEDAND WAS GIVING THE SITUATION URGENT CONSIDERATION. HESAID THAT IF UNTAG WERE UNABLE, AT THIS STAGE, TO PROVIDETHE NECESSARY SUPPORT-TO THE EXISTING POLICE FORCES(SWAPOL) IN ORDER TO CONTAIN THE MASS INCURSIONS, THEN ITWOULD BE NECESSARY FOR HIS GOVERNMENT 70 DEPLOY iSMILITARY FORCES ONCE AGAIN. AS OF THAT DAY, THEY HAD BEENCONFINED TO BASE UNDER U.N. MONITORING, IN ACCORDANCEWITH RESOLUTION '35. I URGED MR. BOTHA TO SHOW THE UTMOSTRESTRAINT IN THE CIRCUMSTANCES, AND TO AWAIT THEEVALUATION OF THE TEAM WHICH WAS ABOUT TO TRAVEL FROMWINDHOEK TO THE NORTHERN AREA. MR. BOTHA AND THEADMINISTRATOR-GENERAL REITERATED THAT THE EXISTINGPOLICE FORCES WERE UNABLE TO CURTAIL THE INFILTRATION OFARMED PERSONNEL. SOME Or WHOM HAD BEEN REPORTED TO BECARRYING NOT ONLY THEIR PERSONAL WEAPONS,PAGE 372REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

PAGE 373 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-3BUT ALSO MORTARS AND ANTI-TANK AND ANTI-AIRCRAFTWtAPONRY.HE EMPHASIZED THAT IT WAS IMPOSSIBLE FOR SOUTH AFRICA TOREMAINPASSIVE, AND ITS TROOPS CONFINED TO BASE, IN THE FACE OFTHESE EVENTS, PARTICUCARLY SINCE UNTAGS DEPLOYMENT HADBEEN DELAYED.DURING THE DAY OF 1 APRIL. I AND MY ASSISTANTS WERE INCONTACT WITH MR. BEN GURIRAB, THE FOREIGN SECRETARY OFSWAPO.WHO IS IN NEW YORK. I INFORMED MR. GURIRAB OF MYCONVERSATIONWITH MR. BOTHA AND OF THE REPORTS fROM MY SPECIALPEPRESENTATIVE AND THE FORCE COMMANDER OF UNTAG. IURGED HIM TO CONTACT SWAPO HEADOUARTERS AND TO 00WHATEVER HE COULD TO AFFECT THE SITUATIONPOSITIVELY. I HAD A SIMILAR CONVERSATION WITH THEPERMANENTREPRESENTATIVE OF ANGOLA.IT WILL BE RECALLED THAT DISCUSSION IN THE SECURITY

COUNCIL RELATING TO A DATE FOR THE IMPLEMENTATION OFRESOLUTION 35 HAD BEGUN IN DECEKBER 1988, IMMEDIATELYAFTER THE ADOPTIONOF THE TRIPARTITE AGREEMENT BETWEEN ANGOLA. CUBA ANDSOUTHAFRICA, WHICH HAD ALSO STIPULATED 1 APRIL 1989 FOR THECOMMENCEMENT OF THE TRANSITION PERIOD (DOCUMENT S/20325).THE COUNCIL'S ENABLING RESOLUTION (RESOLUTION 632),HOWEVER.HAD NOT BEEN ADOPTED UNTIL 16 FEBRUARY, WITH UNTAO'SBUDGETBEING APPROVED BY THE GENERAL ASSEMBLY ON 1 MARCH 1989.THUS.THE SIX TO EIGHT WEEKS' LEAD-TIME. WHICH I HAD REITERATEDON MANY OCCASIONS AS BEING THE ABSOLUTE MINIMUM PERIODNECESSARYTO PERMIT UNTAG TO BE FULLY EFFECTIVE ON I APRIL, WAS,INSTEAD.REDUCED TO FOUR WEEKS. CONSEQUENTLY, THE OPERATIONALCAPABILITYOF UNTAG IN ITS EARLY PHASE. HAD BEEN SEVERELY HAMPEREDBY THE

DoDPaflhfn l V J gy A ARIRIA rn lAllrA TMAlC rrAiTOCPAGE 374AS-YET LIMITED AVAILABILITY OF, ESPECIALLY, VEHICLES.COMMUNICATIONS EQUIPMENT AND ACCOMMODATION. WHILETHEREFORE, MY SPECIAL REPRESENTATIVE AND HIS SENIOR STAFF.TOGETHER WITH THE FORCE COMMANDER AND HIS SENIOROFFICERS, WERE tKPLACED IN NAHIBIA ON OR BEFORE 1 APRIL, THEARRIVAL OF OTHER PERSONNEL NECESSARY FOR THE EFFECTIVEFUNCTIONING OF UNTAG HMS BEEN DELAYED AS RESOURCESWERE NOT AVAILABLE TO MAKE THNK OPERATIONAL. WHILE 280OF THE 300 MILITARY MONITORS WERE IN PLACE THROUGHOUTTHE TERRITORY ON I APRIL, THEIR EFFECTIVENESS, ALSO. WASSERIOUSLY HAMPERED BY THEIR LIMITED MOBILITY ANDRESTRICTED ACCESS TO COMMUNICATIONS. IT IS UNLIKELY THATUNTAG'S REGIONAL AND DISTRICT CENTRES, TO BE SPREAD OUTTHROUGHOUT THE COUNTRY, WILL BE FULLY OPERATIONALBEFORE LATE APRIL: AND THE POLICE MONITORS, WHO HAVE AVITAL ROLE TO PLAY THROUGHOUT THE COMMUNITY. WILL ALSONOT BE FULLY DEPLOYED UNTIL THE SAME TIME. FURTHERMORE,THE THREE ENLARGED BATTALIONS THAT ARE TO BE DEPLOYEDWILL NOT BE FULLY EMPLACED UNTYL 20 APRIL.IN ALL THESE CIRCUMSTANCES AND UPON THE URGENT AND JOINTRECOMMENDATION OF MY SPECIAL REPRESENTATIVE AND THE

FORCE COMMANDER OF UNTAG, I AUTHORIZED THEM TO ACCEPT ASTRICTLY LIMITED AND TEMPORARY SUSPENSION OF THEREQUIREMENT FOR SOME UNITS OF THE SOUTH AFRICAN MILITARYTO BE CONFINED TO BASE. EXPRESSED IN THE FOLLOWINGLANGUAGE AGREED BETWEEN THEM AND THE ADMINISTRATOR-GENERAL: -- QOUOT CERTAIN SPECIFIEO UNITS, TO BE AGREED,WILL BE RELEASED FROM RESTRICTION TO BASE TO PROVIDE SUCHSUPPORT AS MAY BE NEEDED BY THE EXISTING POLICE FORCES, INCASE THEY CANNOT HANDLE THE SITUATION BY THEMSELVES. THEPA ;F :174

PAGE 375 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRESITUATION WILL BE KEPT UNDER CONTINUOUS REVIEW AND THEMOVEMENTOUT OF EXISTING BASES WILL THROUGHOUT BE MONiORED BYUNTAGMILITARY OBSERVERS. LUtNiO..TIN ADDITION. A TEAM OF SENIOR UNTAG OFFICIALS DEPARTEDIMMEDIATELY FOR NORTHERN NAMIBIA TO INVESTIGATE THESITUATION.THE TEAM, COMPRISING THE DEPUTY FORCE COMMANDER. BRIG.GENERALDANIEL OPANDE, MILITARY, POLICE AND CIVILIAN PERSONNEL*TRAVELLED THAT NIGHT TO OSHAKATI. IN THE COURSE Or THENIGHTTHEY DISCUSSED ALL ASPECTS Ot THE SITUATION WITH THE SOUTHAFRICAN SECURITY FORCES. THEY ALSO INTERVIEWED THEPERSONS WHO HAD BEEN CAPTURED BY THE SOUTH AFRICANSECURITY FORCES.THE OFFICER COMMANDING SWAPOL TOLD THE UNTAG TEAK THATTHEPOLICE ALONE WERE NO LONGER ABLE TO HANDLE THE SITUATIONANDTHAT THEY NEEDED SUPPORT.BY THE KORNING OF 2 APRIL, THE NUMBER OF PERSONNELINDICATED AS INFILTRATORS BY THE SOUTH AFRICAN DEFENCEFORCESWAS SAID BY THEM TO BE 30. AT THE END OF THAT DAY, THENUMBERWAS SAID BY THEN TO HAVE REACHED APPROXIKATELY 1.00.CASUALTIES WERE ALSO MOUNTING RAPIDLY. SO THAT BY THEEVENING OF2 APRIL, THE NUMBER OF DEAD AND WOUNDED, ACCORDING TOTHEADMiNISTRATOR-GENERAL, WAS MORE THAN 120.

IN BEING INTERVIEWED. THE TWO PRISONERS STATED TO THEUNTAG TEAM THAT THEY WERE THE PERSONS REPORTED TO HAVEBEENCAPTURED BY THE SECURITY FORCES ON THE PREVIOUS DAY.ACCORDINGTO THE REPORT THAT I HAVE RECEIVED. THEY STATED THAT THEY

RF0Rnfl rrlnV7 rur AI IAW rrI A AAI JIW##A 77^APC PlCMTDC DC2-6BELONGED TO SWAPO ARMED UNITS AND THAT THEY HAD BEENTOLD BY THEIR REIXONAL COMMANDERS TO ENTER NAMIBIA.EACH SAID THAT HE HAD BEEN INSTRUCTED NOT TO ENGAGE THESECURITY FORCES, EVEN IF HE SAW THEM. BECAUSE A CEASE-FIREWAS TO BE IN EFFECT AND THERE WAS TO BE NO MORE FIGHTING.THE UNIT TO WHICH EACH BELONGED WAS, HOWEVER, TO CARRYWITH IT ALL THEIR ITS ARMS. EVEN ROCKETS AND ANTI-AIRCRAFTDEVICES. ONE HAD ENTERED ALONE; THE OTHER. IN A GROUP OFBETWEEN O-SO PERSONNEL. ONE SAID THAT HE HAD BEEN TOLD BYHIS DETACHMENT COMMANDER THAT HE WOULD BE IHSTRUCTEDoIN NAMIBIA, WHERE HE SHOULD O. SO THAT THE UNITED NATIONSWOULD SUPERVISE HIM AND HIS COLLEAGUES. THE OTHER SAIDTHAT HE HAD BEEN SENT TO FIND OUT WHETHER THE SECURITYFORCES WERE STILL HUNTING SWAPO FIGHTERS, OR WEREOBSERVING THE CEASE-FIRE. HIS COMMANDER WAS TO J0N HIM INNAMIBIA. THEIR PURPOSE WAS THEN TO COME AND ESTABLISHBASES INSIDE NAMIBIA. THE TEAM ASKED THE DETAINEE IF THEBSES WERE "FOR FIGHTING OR FOR PEACE". HE REPLIED THAT ITWAS NECESSARY TO HAVE A BASE INSIDE NAMIBIA AND THATUNITED NATIONS PERSONNEL WOULD THEN COME AND TAKE CAREOF THEM. EACH REITERATED SEVERAL TIMES THAT THEY HADBEEN TOLD THAT THE WAR WAS ABOUT TO BE OVER, AND THATTHEY WERE TO ENTER NAMIBIA AND HELP TO ESTABLISH A BASEWHICH WOULD THEN BE UNDER THE UNITED NATIONS. THEWINDHOEK OFFICE OF THE INTERNATIONAL COMMITTEE OF THERED CROSS HAS BEEN INFORMED OF THE DETAILS OF THESECAPIIVES.DA .I 2"/G

PAGE 377 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-7IN LIGHT OF THE SERIOUSNESS OF THE SITUATION AND THEDISPARITY BETWEEN THE OBJECTIVES OF THE CAPTIVES. ASCONVEYED BY THEM, ON THE ONE HAND, AND THOSE ATTRIBUTEDTO THEM BY THE

SECURITY FORCES WHO HAD SEEN THEIR INTENTION ASAGGRESSIVE AND'HOSTILE, ON THE OTHER. THE TEAM IMMEDIATELY CALLED ON THESECURITY FORCES TO EXERCISE THE MAXIMUM POSSIBLERESTRAINT* WHILE IMMEDIATE EFFORTS WERE MADE TO RESOLVETHE SITUATION.LATER THE SAME DAY, MR. AHTISAARI AND GENERAL PREM CHANDAGAIN MET WITH THE ADMINISTRATOR-GENERAL. ALSO IN THEPRESENCE OF THEGENERALS COMMANDING THE LOCAL MILITARY AND POLICE. ANDURGEDMAXIMUM RESTRAINT WHILE THE MATTER WAS BEIKG RESOLyED.GIVEN THESE DEVELOPMENTS. I HAVE ALSO REQUESTED THEUNDER-SECRETARY-GENERAL FOR SPECIAL POLITICAL AFFAIRS.MR. KARRACK GOULDING, TO PROCEED IMMEDIATELY FROM THEMIDDLEEAST TO THE REGION, AND HE IS DUE TO ARRIVE IN LUANDA ONTUESDAY, q APRIL. MEMBERS OF THE TEAM,. WHO WENT TONORTHERN NAMIBIA ON 2 APRIL, WILL MEET WITH MR. GOULDINGIN LUANDA. IHAVE BEEN IlFORMED BY THE SPECIAL REPRESENTATIVE THAT THEADMINISTRATOR-GENERAL HAS TOLD HIM THAT SWAPOPERSONNEL ARECONTINUINMO TO CROSS THE BORDER IN LARGE NUMBERS, ANDTHAT THEDEATH TOLL IS RISING HOURLY.FOR iTS PART, SWAPO HAS EMPHATICALLY DENIED THAT IT HASVIOLATED THE CEASE-FIRE AND HAS STATED THAT IT ISCOMMITTED TOHONOURING ITS LE7TER AND SPIRIT. IK A PRESS RELEASE ISSUEDON 2 APRIL IN HARARE AND TRANSMITTED TO THE SECRETARIATSHORTLY AFTERNOON TODAY. SWAPO HAS STATED THAT ITS PERSONNEL WEREATTACKED

REPRODUCED BY THE NlA PIRIA CQ UNlIIfCA TIAi rrArrarDAIr- 272-8INSIDE NAMIBIA AND RESPONDED IN SELF-DEFENCE. FOR INSTANCEIN OKAHANGE. THE PRESS RELEASE SAYS THAT SWAPO MEMBERSWERE CELEBRATING THE IMPLEMENTATION OF SECURITY COUNCILRESOLUTION 436 WHEN THEY WERE ATTACKED BY SOUTH AFRICANSOLDIERS. THE SAKE RELEASE ALSO SAYS THAT SOME OF THEIRMEMBERS AND SUPPORTERS WERE ALSO KILLED BY SOUTHAFRICAN FORCES IN OTHER LOCATrONS IN NORTHERN NAMIBIA --FOR INSTANCE. AT OKALONGO AND ANANCHULO AND OKADILA. I

HAVETRANSMITTED THIS PRESS RELEASE OF SWAPO'S TO MYSPECIAL REPRESENTATIVE IN NAMIBIA AND HAVE ASKED HIM TOREPORT TO HE ON THE STATEMENTS THAT HAVE BEEN MADE IN IT.HAVING THUS APPRISED COUNCIL MEMBERS OF THE FAbTS AS THEYHAVE BEEN PRESENTED TO US, I WOULD LIKE TO MAKE THEFOLLOWING REMARKS:FIRST. AS I REPORTED TO THE SECURITY COUNCIL ON 30 MARCH1989 (IN Doc. /20412. ADD. 2). BOTH PARTIES CONFIRMED THEIRAGREEMENT TO ABIDE BY THE FORMAL CEASE-FIRE FROM THEDATE AND TIME EARLIER PROPOSED, I.E., 1 APRIL 1989. THUS. ON 18MARCH 1989. MR. SAN NUJOMA. PRESIDENT OF SWAPO REPLIED TOME AS fOLLOVS:"THIS IS TO ACKNOWLEDGE RECEIPT OF YOUR EXCELLENCY'SLETTER DATED 14 MARCH 1989, IN WHICH, IE.LJA.INDICATED THAT A SIMILAR LETTER WOULD BE SENT TO SOUTHAFRICA, PROPOSING A SPECIFIC DATE AND HOUR FOR THE FORMALCEASE-FIRE TO BEGIN IN ACCORDANCE WITH SECURITY COUNCILRESOLUTION 435 (1978); AND THAT THE CEASE-FIRE COMES INTOEFFECT ON 1 APRIL 1989 AT 0400 HOURS GREENWICH MEAN TIME.DA i . I:: :1"7

r- .1 . L a 1 r IcIVIII ..IJUVIUVIIWL/ I IIJIv.d q.ivI nc- 9"IN THIS CONNECTION, I WOULD LIKE TO RECALL THAT I SENT ALETTER TO YOUR EXCELLENCY (S/20129) DATED 12 AUGUST 1988. INWHICH I STATED. INTER ALTA. SWAPO'S ACCEPTANCE OF THE REFACTO CESSATION OF ARMED HOSTILITIES IN AND AROUNDNAMIBIA BETWEEN SOUTH AFRICA AND SWAPO, IN ACCORDANCEWITH THE GENEVA PROTOCOL OF 5 AUGUST 1988."I ACCORDINGLY HEREBY DECLARE SWAPO'S ACCEPTANCE OF THETERMS OF THE CEASE-FIRE AS STIPULATED IN YOUR EXCELLENCY'SLETTER DATED 14 MARCH 1989. FURTHERMORE. I WOULD LIKE TOREITERATE SWAPO'S COMMITMENT SCRUPULOUSLY TO WORK INEARNEST FOR A PEACEFUL AND SUCCESSFUL IMPLENENTATION OFSECURITY COUNCIL RESOLUTION q36 (1979). LEADING TO THEGENUINE INDEPENDENCE OF NAMIBIA."IN THIS CONTEXT, I WISH. ONCE AGAIN. TO URGE YOUREXCELLENCY TO CONTINUE TO EXERT YOUR BEST EFFORTS WITH AVIEW TO ENSURING THAT VIOLENCE AND INTIMIDATION VOULD BEAVOIDED AT ALL COST."ACCEPT. YOUR EXCELLENCY. RENEWED ASSURANCEt OF hThlVMt5T COKSIDERATION."DA.--C "iM

DCDDnnI IIfCA DV TIr AIA RlDIA fffli5l *IA 7 .."Dr

- 10ON 21 MARCH, I HAD RECEIVED THE REPLY OF MR. R. F. BOTHA,FOREIGN MINISTER OF SOUTH AFRICA. WHICH WAS AS FOLLOWS:II REFER TO YOUR LETTER DATED 14 MARCH 1989 REGARDING THEESTABLISHMENT OF A FORMAL CEASE-FIRE IN SOUTH WESTAFRICA/NAMIBIA AS FORESEEN IN UNITED NATIONS RESOLUTION43s (1978)."YOUR EXCELLENCY WILL RECALL THAT IN MY COMMUNICATIONTOYOU ON 8 AUGUST 1988. 1 CONVEYED TO YOU THE ACCEPTANCE OFTHE PROVISIONS OF THE GENEVA PROTOCOL BY THE SOUTHAFRICANGOVERNMENT. I ALSO CONFIRMED, IN TERMS-OF THE PROVISIONSOF PARAGRAPH 5 OF THE PROTOCOL, THE SOUTH AFrAICANGOVERNMENT'S COMMITMENT TO ADOPT THE NECESSARYMEASURES OFRESTRAINT IN ORDER TO MAINTAIN THE EXISTING .lEACTOCESSATION OF HOSTILITIES."IN ADDITION. I WISH TO CONFIRM THAT THE FACTOCESSATION OF HOSTILITIES SHOULD BE FORMALIZED AS SOON ASPOSSIBLE AND NOT LATER THAN 04HOO GREENWICH MEAN TIMEON1 APRIL 1989."KY SECOND REMARK IS THIS. THE MOUNTING TOLL OF NAMIBIANAND SOUTH AFRICAN CASUALTIES, AT THE VERY MOMENT WHENTHE LONG-DELAYED INDEPENDENCE PROCESS HAS AT LASTCOMMENCED, IS ESPECIALLY TRAGIC. ON THE IASIS OFINFORMATION SO FAR AVAILABLE TO IT. UNTAG IS OF THE VIEWTHAT SWAPO HAD INFILTRATED ARMED .PERSONNEL ANDMATERIAL INTO NAMIBIA AROUND THE TIME OF THELr i~l :, I ; v mlul4 ,.,wev "%Jm41 IVJ I-rl,£ l I n rAk(3e" 5$u

PAGE 381 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE- 11CEASE-FIRE. UNTAG. HOWEVER, FEELS THAT THIS INFILTRATIONMAY NOT HAVE OFFENSIVE INTENT, BUT INSTEAD MAY BE AIMEDAT THE ESTABLISHMENT OF SWAPO CAMPS INSIDE THE TERRITORY,WHICH SWAPO WOULD THEN REOUEST UNTAG TO MONITOR.SWAPO. FOR ITS PART. HAS EMPHATICALLY DENIED ANYINFILTRATION AND HAS STATED THAT ITS SUPPORTERS INSIDENAHIBIA HAVE BEEN ATTACKED. IF THE INTEGRITY OF THESETTLEMENT PROPOSAL. WHICH TOOK MANY YEARS OF DIFFICULTNEGOTIATION TO CONCLUDE, IS NOT RESPECTED BY ANY PARTY,THEN THE PEOPLE OF NAMIBIA WILL AGAIN BE THE PRINCIPALSUFFERERS. IT IS THEREFORE MOST NECESSARY FOR ALL

CONCERNED TO EXERCISE THE MAXIMUM RESTRAINT AT THISTIME. AND TO ADVANCE AND REINFORCE PRACTICALARRANGEMENTS TO IMPLEMENT EACH AND Ev T.A PECt OF THESETTLEMENT. THIS IS A MATTER OF THE GREATEST UANAAnnURGENCY, IN VIEW OF THE GRAVE SITUATION NOW EXISTINGALONG PARTS OF THE NORTHERN BORDER OF NAMIBIA.I WILL OF COURSE KEEP THE COUNCIL INFORMED OFDEVELOPAENTS.4 #

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 382UNITEDNATIONSSecurity CouncilGENERAL$/205654 April 1ggORZGrNAL: £ENLISILE zxt DATD 4 APIZL 1989 rxRo TmE PZlA"Tl REPMrEXATZVE Or SOUTHAFRICA TO THE UNZTED KATIOCS ADDRZSSED TO THE SECItZTA -CDkfRALI have the honour to Onclose -the text of a letter dated 4 April 1989 from theMinister of Foreign Affairs of South Africa concerning the contlnuation of thegrave events In Namibia about which he wrote to you on 2 April 1989 (S/20557).2 have been Iastructed to resat that It be circulated as a documeat of the SecurityCouncil.(S gnig) Jeremy a. SREARXR Permanent Rehresentative89-08871 0937b (E)/. .,PAGE 382REPRODUCED B Y THE NAMIBIA COMMUNICATIONS CENTRE

PAGE 383 REPRODUCED BY THE NAMIBIACOMMUNIC4TIONS CENTRES/20565EnglishPage 2Letter dated 4 AprT1 1989 from the POsW1ter ftoT OrPi ATffirsf South ArIfA 64rsqrsa to the S* ret -VCelWith reference to my letter to you of 2 April 1989 (S/20557), I regret to Informyou that I have now received further disconcerting evidence to the effect thats- Over 1.000 SWAPO (PLAN) forces have now infiltrated Into Xamibla;- Over the period 21 to 30 Karech 1988, SWAPO forces of the First Mechanisedbrigade redeployed from Lubango to locations at Xangonjo and Techipa(i.e. from 300 11ometres north of the VaitibielAngole border to

opprozimately 70 and S0 kilonetros from the border. respectively);- SWAPO tank elements were moved from Luanda to the border area during the$ame period to be deployed for offensive action Into Namibia;- Approuimately 4,450 SWAPO forces are nov deployed south of the16th parallel;- Two mized PLAIbCuban saemi-conventional battalions of a strength of 450each are positioned 800 metres north of beacon 12 on the border and atOngiva airfield respectively;- WArO elements insideAv iibla are In continuous radio contact vith their.comand poets In Angola.It Is my duty to bring to your attention that unless active and effective measuresare taken to stem the rapid deterioration of the situation, the whole peace processin Namibia is In danger of collapse.The President of the Security Council. Ambassador A. lelonogov. yesterdaystated, Lnter a3lat"In my view, the Interests of Independence of Namibia require fullco-operation of the parties wiLh the Secretary-General and his SpecialPepresentative and scrupulous respect for the agreements relating to thesettlement plan."There can be no doubt as to what the agreements referred to byAmbassador belonogov. and endorsed by the Security Council, require of each ofthe parties. What are the obligations undertaken by SWAPO under theseagreements?- On 22 August 1988. the President of SWAPO informed you by letter thatSWAPO had egreed to comply with the corwencement of the cessation of allhostile acts. In accordance with the Geneva agreement. me also statedthat SWKPO would be ready to abide by that agreement until the formal/...PAGE 383REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

D.DDnnlh1rn... DVr ALIAAIRIA rnAs lfJrATIA-Ac d.CAMITBOCDAI~C 2S/20O55£nglishPage 3cease-fire under resolution 435 (1978). (Paragraph 10 of your reportS/20412 of 23 January 1989 to the Security Council.)Paragraph S of t. Geneva agreement referred to provides that Angola andCuba -sball use their good offices so that once the total withdrawal ofSouth African troops from Angola is completed, and within the contextalso of the cessation of hostilities In Namibia, SWAPO's forces will bedeployed to the north of the 16th parallel".various of the relevant agreements affirm the principle of abstentionfrom the threat or use of force against the territorial integrity ofStates.

On 1S March 1989, in a letter to you, the Fresident of SWAPO confirmedSWAPO's agreement to abide by the cease-fire from I April 1989 andreconfirmed SWAPO'S acceptance of the de facto cessation of hostilities"in and around Namibia between South Africa ad SwAPo, in accordance viththe Geneva Protocol of 5 August 1958".Since the above obligations were endorsed by the Security Council, the SouthAfrican Government would be grateful If you would as soon as possible confirmthat the Council Is willing to do everything in Its power to secure SHAPO'scompliance with them.. If not, must the South African Government assume thatthe Council Is nov of the opinion that SWAPO is no longer bound by itsobligations?The facts of the developments over the past three days speak for themselves.Heavily armed SWAPO personnel crossed the Ramibian/Angolan border In largenumbers on I April 1989. They carried with them not only semi-automatic riflesbut also mortars. anti-tanx weapons and ground-to-air missiles. On their ownevidence they were Instructed to enter Namibia and establish blses inside theTerritory. These facts ore borne out by the report of the Special Representative.You will realize. Sir, that the South African Government cannot be expected toImplement Its undertakings under the relevant agreements while SWAPOcontinues to act in flagrant violation of the provisions of those agreements vith theacquiescence, tacit or utherwlse, of the Security Council. In such circumstancesSouth Africa has the undoubted right to suspend its compliance with itsobligations. If. on the other hand, It Is alleged that South Africa is In bteoch of Itsown obligations under the agreements, I shall be glad to learn which they are andhow they have been breached.In conclusion. SWAPO must now face up to the realities. Effective andim. ediate steps must be takwn to eusure Its compliance with all Its obligations.Otherwise. In the exercise of its rights. the South African Government will haveno option but tO consider its reciprocal obligations suspended until such time asUNAG Is In a position to ensure SWAPO's scrupulous observance of theprovisions of the relevant agreemnts.(Rnpoed) R. F. BOTHiA minister of Foreign Affairs

PAGE 385 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREUNITED NATIONSSecurity Council Wagtr.4 april 1989LmEI DA 4 JIPZIL 1989 ritom m ?Zaj*åmur itrizsWzA2Zvr or souTÅYICA TO ?EX WZTZD NATioms &ADUsm To =H ECKZAkT-GuråLX hava the honour ta rfet to the ~udtaJilaqs vblek 6IP0J made ta youcerniajg åta participation ta t-ha cesttea at hoatLlftLåa la tora ö£ the protocol ofGenevaf aigped on a August IM98 by repreakatativm of ti. p98214,9 SepullIC ofAgola, the RepublIc og Cuba mad the **public at *outh M.rica au vall ag tbc es*-frer provIdaG for In Bwcurlty Counoil remolutiou 633 <1980>.

la the light ot GW>JO#c Lacursi.u Ina Famibiaa tarrågery om 31 ~4ack 1989 andaubaeguent egealatioa of the resu2tiag coafliet situation la deflaace 99faScurityCouncil gesolutlous 435 <1978># 629 <1989) a.u4 832 (1989># 3 Äav* be*=laatructod to provide ron with th* attacked copy ot the rrotocolo with the rajguatthat It bo clrculatod an a docum*at ot the vecurity Council.Permaannt Zepreatatlve89-08877 0873h (Z)..sPAGE 385REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE1. . .

I l-ro flf ,CY0V7l . O Il0 Al I lAIDIA f.I aIIIAJI 11.VAe .ra11 IcFl 3s 3O0/20566ZZglishPage 2Protebel of GenevaDelegations representing the Governments of the People's Republic of Aagola/Republic of Cuba, and the epublIc of South Africa. meeting In Geneva.EvItserland, 2-5 August 1988, with the mediation of Dr. Chester A. Crocker,Assistant Secretary of State for African Affairs, United States of America. haveagreed as follovus1. Zach Oide agrees to reCounend to the Secretarr-General of the UnitedNsations that 1 November 1988 be established as the date for Implementation ofUNSCA 435/78.3. ZaCh side agrees to the establishment of a target date for signature of thetripartite agreement among Angola South Africa, and Cuba not later than 10September 1981.o - tach side agrees that a schedule occeptable to all parties ftr tbe redeploymenttoward the North sn" the 6taged end total withdrawal of Cuban troops fromAngola must be established by Angola end Cuba, who vill reguest en-sateverification by the Security CovucIl of the United Nations. The parties accept2 September 1983 as the target date for reaching agreement on that ec&edu2e andall related matters.4. T2he opete withdrawal of South African forces from Angola shall begin notlater than 20 August 1988 and be completed not later tha- I September 1988.S. The parties umdertake to adopt the necessary measures of restraint In order tomaintain the existing do facto cessation of hostilities. South Africa stated Itswillgn ess to convey this comitment In writing to the Secretary-General of theUalted Nations. Angola end Cuba shall urge SWAPO to proceed likewise as astep prior to the ceasefire contemplated In resolution 435/79 which Will beestablished prior to 1 November 298. Angola and Cuba shall use their goodoffices so that, once the .total vithdraval of South African troops from Angola Iscompleted, and within the context also of the cessation of hostilities In ftalbla,SWAPO's forces Wil be deployed to the north of the 16th parallel. The partiesdeemed It appropriate that* during the period before 2 November 198S, a

representative of the United Nations Secretary-General be present In Luanda totake cogaisance of any disputes relative to the cessation of hostilities and agreedthat the combined military committee contemplated In paragraph 9 can be anappropriate venue for reviewing complaints of this nature that may arise.S. As of l0'August 1958. no Cuban troops will deploy or be south of the lineChitado-Ruacamna-Calueous e-1aulla-Cuak~meto-N IOlva. Cuba furthermoreStated that upon completion Of the viltdraval of the South African troops fromAngola not later than, SSeptember 1988 and the zstoraton by the People'sRepublic of Angola of Its sovereignty over Its International boundaries, the Cubantroops will not take part In offensive operations In the territory that lies east ofmrldian 17 and south of parallel 15 degrees. 30 minutes. provided that they arenot subject-to harasament.I...

PAGE 38~7 RPPPflhrif flv rLr AlAIIA M A rn IIRIWAYIflAICrCA~rDr5/20565EnglishPage 37. Folloving the omplete withdraval at South African forces from Angola, theGovernment of Angola shall quaraztee measures for the provision of water andpower supply to Nambia.A. With a view toward minimizing the risk of battlefield incidents andfacilitating exchange of technical Information related to implementation of theagre-ents reached, direct communications shall be established not later than 20Augusat 1958 betveen she respective military commanders at appropriatebeadquarters along the Angola/9amibL* border.9. Zach side recognises that the period from 1 September 1988, by vhich timeSouth African forces vall have completed their withdrawal from Angola. and thedate established for Implementation of WuSCI 435. is a period of particularsensitivity, for which specific guidelines for military activities are presentlylacking. In the interest of maintaining the ceasefire &nd maximizing theconditions for the orderly Introduction of M-TAG. the sides agree to establish acombined military committee to develop additional practical measures to buildconfidence and reduce the risk of unintended Incidents. They Invite United Statesmembership on the coumittee.10. Zach side will act In accordance with the Oovernors Island principles.Including paragraph 2 (non-interference in the internal affairs of states) andparagraph G (the acceptance of the responsibility of states not to alloy theirterritory to be used for acts of war, aggression, or violence against otherstates).103 Tfl GOVERMIMT Of THE FOR TN GOVZrI*R1IT OF TUlE 70 :zGcjVZR"z~NT or TzzPZQPLE'S REPUBLIC Of RZPUtLZC OP CUBAs REPUBLIC OFSOUT= AuICA$A)GOLLs

Geneva, 5 August losePA I= : R7

DCDD f"ld-IC DVYJC A1A RADlA REIDI A ,Y#RAR . I Tl1IC IfCA ITE nDA"1 200South West Africa People's Organisation(SWAPO) of NamibiaSOUDARFT REMOM M= P.O. Sex 194, London NS IL96, Gllespie Road, London KTelephone: (01-)359 9116nTelex: 886226 SWAPO GTHE 16th PARRALLEL PROVISIONS OF THE GENEVA PROTOCOLThe Geneva protocol is a tripartite agreement between the three sovereigngovernments of Angola, Cuba and South Africa. It covers issues aimed atrestoring peace In Angola. The provisions of Resolution 435 apply toNamibia.Paragraph 5 of the protocol Includes a reference to the deployment ofSWAPO's forces north of the 16th parallel and reads as follows:"Angola and Cuba shall use their good offices so that, once the totalwithdrawal'of South African troops from Angola is completed, and withinthe context also of the cessation of hostilities in Namibia (ouremphasis), SWAPO's forces will be deployed to the north of the 16thparallel."The only "cessation of hostilities in Namible which could possibly bereferred to is the ceasefire between SWAPO and South Africa marking thebeginning of implamtation of Resolution 435. This came into effect inNamibia at 4.00am on the 1st April 1989 although within hours it had beenbroken by South Africa whon they attacked SWAPO forces. It is true thatSWAPO had earlier, as a gesture of good will, committed itself to aunilateral cessation of hostilities but this was not reciprocated by the Pretoriaregime. As a "cessation of hostilities" does not yet exist InNamibia, the provision does not yet apply.Those forces in Namibia at the time of the coasefire are entitled to be confined tobase in term of the UN plan envisaged in Resolution 435 and cannot be removedfrom Namibia. The Geneva protocol cannot and does notalter in any way the terms of Resolution 435 on the confinement to base ofSWAPO forces inside Namibia at the time of the ceasefre.SWAPO yesterday invited UNTAG to verify the confinement of its forces inAngola to base north of the 16th parallel in spite of the fact that theprovision does not yet apply due to South Africa's failure to comply withthe ceasefire.Ve wish to remind the international community of the provisions ofResolution 435 relating to the confinement of SWAPO forces to base InsideNamibia. Security Council documents S/12827, S/12636 and S/12569, approvedin operative paragraph I of Resolution 435, require the confinement of allSWAPO and South African forces to base at the time of the cease-fire. When

Resolution 435 was adopted, the entire operation was envisaged as takingplace within the borders of Namibia. The confinement to base of these forcescould only be within Namibia. This agreement was reflected inparagraph 11 of the Secretary General's report to the Security Council ofFebruary 1979, S/13120. and has not been superceded by any later agreement.Issued in London, 6 April 1989

nA~~~!r 200 D~~~cnorin .D-rn ~ AAAIIA fIAIA~A I-AeFarn p.~~*n~LLJ~ I IIU~~i'JmvuvI.~,IJu .~unUNITED NATIONSSecurity Council D~tGENZRALS/205767 April 298gORIGINAL: ENGLISHLETTER VATED 7 APRIL 1989 FROM TIE PER4A1IKT REPRESENTb.?!VZOf SOUT! AFRICA TO TRZ WNITZV NATIONS ADZRESSED TO TIMIECRETARY-CENEZRALx have the bosour to enclose for your urgent Informatioa a letter ad anexur* fromthe South Africa& roreign Minister, Mt. 3. r. Both&, concerning the situation on 7Apri1 1989 I: Namibia. I shall be grateful If this Information could urgently beconveyed to the members of the Security Council and circulated && a documentthereof.(Signed) Jeremy a. SUVA An Permanent Representative89-092S8 08161 (E) I.SnAe-'C 30n

REPRODUlhCEDl BY THEW AMLIBIA COM UIIACATIJc rAITDr ~~2f5/20576EnglishPage 2knnerLett*r dated 7 Agril 1989 from the Minister for Fordon Affairsof South Africa addreased to the Secretarv-GeneralI wish to refer to my letters to you of 2, 4 aend S April 198g (5/20557,S/2050S, 5/20500 and S/20567). 2 arrived at Windhoek some five hours ago andon the basis of a briefing on the latest developments In the northern part ofNamibia, It is with great dlsmay that I must report to you that the situation hasfurther deteriorated.I attach the latest information supplied to me as. vell as to your SpecialRepresentative and to General Prom Chand. ven if all the information cannot asyet be confirmed conclusively. I am satisfied that on the basis of that informationwhich can be confirmed, the general pattern of developments since I April 1989 ispersisting, namely that continued orchestrated incursions by the South WestAfrica People's Organisation (SWAPO) into Namibia from Angola are still

occurring. The groups are in uniform. They are heavily armed with lethalweapons of war, including semi-automatic rifles, anti-tank rocket launchers,mortars and surfaceto-air missiles.It is manifestly preposterous to suggest that this amounts to peaceful regrouping.Mr. Secretary-General, what in beyond dispute Is thats(a) SWAPO undertook to be confined to bases north of latitude 16" S at least fromI April 1989 where they would be monitored by the United Nations TransitionAssistance Group (WVTAG)s(b) SWAPO is not confined to base in Angola north of latitude 16" 6 and to notbeing monitored by UITAGi(c) SWAPO Is accordingly violating the following ohlgationst(I) it is not confined to bases north of latitude 160 Si(ii) Its forces are In areas In Angola south of latitude 160 Si(Ii) it has crossed, and continues to cross. the border Into asmibia underarms.SWAPO commanders are regularly in radio contact with the groups that are stillin Angola and also those that have already crossed the border. The SWA"POleadership need Only issue an instruction to Its commanders that SWAPO laydown its arms and return to Angola. Instead of doing this, the SWAPO leadershipencourages more SWAPO groups to flout the authority of the Security Council.Thor* is at this moment one SWAPO group heading for forming districts south ofOvsmoland.

PAGE REPRODUCED BY THENAMIBIACOMMUNIcATiONS CENTRES/20S76EnglishPage 3On my arrival in Windhoek, the Chief of the South West Africa Police appealedto me to urge you to ensure that you and the members of the Security Council areapprised of the seriougness of the situation. He has asked me to invite the SecurityCouncil to dispatuh Immediately & fact-finding mission, which can accompanythe police in order to verify the situation on the ground. The Chief of Police hasasked the Administrator-General and Mr. Martt! Ahtisaari for the minimumadditional assistance required to counter the growing threat of SWAPO Incursionsand to relieve forces that have been operationally engaged for almost a week. Heassured me that any action takeu will be carried out in terms of the injunction ofthe President of te Svvuzity Council that maximum restraint he exercised.As you know, Mr. Ahtisaari and General Prem Chand are simply not In a positionto supply the additional assistance and the Xdministrator-General has accordingly,in the exercise of his responsibility to ensure law and order in the Territory,sg:eed that the Chief of Police may call upon such resources as he may reasonablyrequire from immediately available security forces.As regards the farming districts in the far northern area mentioned earlier, thedistrict civil guard units have now been reactivated, to ward off possible attack$s

on the population on isolated farms by the SWAPO group heading In thatdirection.SWAPO incursions are assuming such proportions that, in the words ofGeneral Prem Chand, no United Nations force would have been able to handle theSituation in any event. Although the South African Government appealed to youand the Security Council to speed up the arrival of the full component of UITAG,this has not happened. I must inform you that unless the Security Council takessteps to stem the SWAPO incursions, the contingents of U TAG will be iat..a~blof monltoring the restriction of SWAPO troops to base in Angola and Zambia, ofkeeping the borders under surveillance or of preventing infiltration.Waile I stress the necessity for expediting the dispatch of UNTAG forces, I amaware of the danger of creating the impression that a larger United Nationspresence in the Territory would provide a solution. I do not believe that UNTAGContingwuts alone uould pwvent fuzLhe Infiltratlon and, as necessary as it mIghtbe, it would be undesizable to &alse especLations only to have them subsequentlyfrustrated. This might further delay Implementation of Securlty Council resolution425 (1978) in all its aspects.The root cause must be addressed and you. Mr. Secretary-General, and theSecurity Counuil knows what this Is. I assure you that the South AfricanGovernment, for its part, remains committed to Security Council resolution 435(1978), the Tailateral Agreement of 22 December 1986 and all uummitments weundertook In various other agreements and undertakings enumerated In yourreport of 23 January 1989 (S/20412).I san sure that, if requested, General Prom Chand would confirm that SouthAfrica has fully complied with its commitments as of 1 April 1989, on which dateSWAPO commenced vlolatlon of all the obllgatlons undertaken by its leaders.SWAPO had no military bases in Namibia on I April 1989./...PAGE 391REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 3925/20576EnglishPage 4There Is unly one solution. SWAPO must undertake to implement itsobligations. SuuL, Areica eemains prepared to comply scrupulously with itsobligations.A meeLing of the Joint Commission. consisting of representatives from Angola.Cuba aud South Africa, is scheduled to take place tomorrow in Namibia withobservers present from the United States of America and the Union of SovietSOciealiL Reyublius. He shall endeavour oni our part to consider what practicalsteys might be taken to save the peace plan signed in Ne York on 22 December1986. We shell let yuu know of auy developments which may result from ourmeeting.

In the mean Lime, please ensure that Lhe Security Council Is informed of myappeal that pleasure be JoJLowhL to bea on the SWAPO leadership to give thenecessary instruction to its commanders to end their Illeogl operationsImmediately. There is simply no other practical way to stop the senseless killingof people.In terms of the settlement plan. SWAPO members can of course return to theiruuuiLrZ aUywal to participate peacefully in the democratic determination of theirfuture.I would be grateful if this letter, together with my previous communicationsmentioned above, could be circulated as documents of the Gecurity Council.3. F. BOTHAREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 392

PAtF ~ REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRES/20575EnqlishPage 5rnrlocurtsitu on recrdn the SWAPO Infiltration 0800. 7 April 19891. Total strength: latest intelligence reports which have not all been confirmedindicate that between 1800 and 1900 SWAPO have infiltrated to date, of whichapproximately 350 have infiltrated in the past 24 hours.2. pigtribution: the infiltrators are distributed in groups as follows:(a) Kookoland, approximately 3501(b) Western Ovambo, approzimately 4S0;(c) Central Ovambo, approximately 000 (Includes the latest infiltration of 200 atSt. Mary'S Misaion)i(4) Eastern Ovambo, appruaiiately 500 (includes a group of 100 which is reportedto be on their way to the northern farming areas).3. eas not vet In Namib e$(a) Ruarana area. Information z eelved indicates a group of approximately 15USWAF0 north of Beacon no. 3 have the intention of attacking Ruacana. Thepresence in ennfirmed;(b) NamacundelOshlkango area. VerIvus unconfirmed reports were received of amixed pLAN/Cuban battalion which redeployed from Ongiva to the Oshikengoarea. The battalion has tanks and artillyr. Although tanks have been spotted itcould not yet be confirmed whether they belong to this unit. This matter hadpreviously been raised at the Joint Military Monitorin9 Ctmelssion and was notden*ied by either Cuba or Angola. Cube has subsequently indicated that it nolonger acts jointly with GWAPO,(C) Ct- Ovap. A group of 50 heavily armed SWAPO was reported6 kilometres north of the border by 0800 on 6 April. Other reports of SWAPOgroups in the Chiede/Oshikango areas uould not be confirmed, but reports fromdifferent sources wilJ prooaOly confirm this presence;

(6) Fatern Ovambo. At voz'iurn locations ranging from as near as I kilometre to13 kilometres north of the border SWAPO gzioups have been reported (and somealready confirmed). Total stwugLh could be as high as SOO;(e) Caprz.j. Several reports have been received in the last 46 bours that a group of200 PLAN4 fighters havv bivu mvwd to Sesheke. Zambia, just north of KetimaMulilo and that this group is ready to infiltrate the Caprivi.4. The present situation as compared to 4 April 1989. The latest infiltration intoKaotolano means that the distance over which thv infiltration is taking ?lace isnow more than 500 kilometres./...PAGE 393 'PA F : q:lREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

nII[r .,. Or * I fl& IVIVIIfIl tvd . gIv|IVu.IvIt.n I I3WlW.) L, W In I. "rS/20576EnglishPage 6(a) IdsterEn vamby. The strength Of SWAPO in this area ha. increased by 350.The group that infiltrated at Swartbooisdrift intends to move to the Opuwa area inofder tv maintain a presence in the gaokoland. The SWAPO groups of 150 atbeacon No. 3 and 300/450 north of Beacon No. 12 pose a threat:(b) Central OyaMh2:(i) A battalion supported by tanks in Namecunde/Oshikango area has anoffensive capability and poses a diroct threat to Central Ovambo)(ii) The heavily armed SWAPO group, aS well as the SWAPO qroup whichinfiltraLed at St. Mary's Mission, is an indication that SWAPO hasincreased force levels In Central Ovambo;(iII) Actions by SWAPO groups indicate offensive. aggressive actions. Ezamplesare the laying of deliberate ambushes (which include trench systems) andfiring at aircraft and Casevac helicopters;(c) Eattern N.am. The SWAPO groups which have infiltrated to areas south of theOshakati/Oshivello road have not et been located owing to the limited number ofsecurity forces available. These groups are a direct threat to the farming areassouth of the operational area. Owing to the terrain, vegetation and the sparsepopulation. these groups may be further south than is presently appreciated.5. Despite the repeated calls for the maintenance of the cesae-fire by Severalcountries, SWAPO (PLAN) continues to increase force levels inside Namibia.The redeployment of the semi-conventional battalion and the mechanizedbrigades (unconfirmed) to the border areas are a further indication that SWAPOdoes not only ntend to establish bases in Namibia. There has been no indication todate of any Northward movement of groups. Members of the population havereported that SWAPO in Ovaimbo have said the following:(a) SWAPO intends occupying Ovambo. SWAPO will then fight to free thewhole

of Namibia;(b) SWAPO waited until implementation of resolution 435 (1978) because theSouth African Defence Force would havu withdrawnp(C) SWAPO (PLAN) will not return to Angola. They will fight to the end;(d) There are still a large number of SWAPO wanting to infiltrate.QCDDnn'e'CI I O V 7"U AI A lARIDIA rel% "llA llf'A"1"ARC r' IDI A J l " l A

PAGEF 38 RFPRflfIITf flY TI A UIRIACfMMIIfAUCATnAIc (rAITR'UNITED NATIONSSecurity Council Diotr.8/205684 April 1989L=92E DAMZ 4 AFAIL 1989 rROM T Pr7~81r MIRMS:T,.IVE Or SO0iT2flY3RIC>TO ?X UNITED NATbON~S &DDUSM TO T=l SZCZ=>3X-CEYMRALX havd the koaour to retar to the undestakings whIch 6WIPO &ade ta youcerning Ita participation In the cessation a£ atLiltlaa ta tera ö£ the lz@tocol ofGeaevaf auiade ou a Augumt 1988 by repreaeatativas of the ep. möpublic ofA.uIola, thu lepubl&c of Cba, anud the **public at South Africa as well*a the c*sse-fire provided for la tecurity- Council remolution 632 <1*9>.zu the lght ot SK>.P9oa Lacurslon, Ina FamIble.a terråtry ca 31 >arch 1989 adaubze'quent oscalatton of the rcwuWtia couflået altuation In deflance 99faLcurityCouncil tolutioua 435 (1178), 629 <189> and483218> 1M have boon laafructodts provide 704 with the attacked cory er tbc Vzotocolf with the request that It bocirculated ma a 4*cwiment of the SeclIrty Counacil.<D819s90 Jerenw 9. Sa~x~PrasarnaPt gbpraguentative89-08877 0873b (Z> .s1...

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 396INDEED, EVEN THIS MORNING, THE FOREIGN MINISTER ANDTHE DEFENCE MINISTER OF THE REPUBLIC OF SOUTH AFRICAHAVE STATED TO MY SPECIAL REPRESENTATIVE THAT THEIRGOVERNMENTWAS CONTEMPLATING THE DEPLOYMENT OF ADDITIONAL UNITS OFTHEIR SECURITY FORCES IN THE TERRITORYIN RESPONSE TO THE SITUATION AS THEY PERCEIVE IT.FOR THEIR PART, MY SPECIAL REPRESENTATIVE ANDTHE FORCE COMMANDER OF UNTAGREPLIED IN ACCORDANCE WITH INSTRUCTIONS THAT I HAD SENTTO THEM:

NAMELY, THAT THE SITUATION NOW CALLED FOR EVERY EFFORTTO BE MADEBY BOTH SIDES TO EXERCISE RESTRAINT, TO HALT THE FIGHTINGANDNOT TO RESORT TO ANY MEASURES THAT MIGHT EXACERBATE THESITUATIONOR RENDER MORE DIFFICULT THE IMPLEMENTATION OFRESOLUTION 435.SOUTH AFRICA'S CONCERNS ARE EXPRESSED IN DETAIL IN ALETTER THAT THEY HAVE ADDRESSED TO ME TODAYFOR CIRCULATION TO THE MEMBERS OF THE SECURITY COUNCIL,AN ADVANCE COPY OF WHICH HAS BEEN MADE AVAILABLE TOYOU.SINCE I LAST REPORTED TO YOU, MY EFFORTSHAVE BEEN AIMED PRIMARILY AT ENDING THE FIGHTING ANDRESTORING THE CEASE-FIRE WHICH THE TWO PARTIES HADAGREED TO OBSERVEEFFECTIVE 1 APRIL. IN THIS CONNECTION,I HAVE ENDEAVOURED TO BRING TO AN ENDTHE CIRCUMSTANCES WHICH LED TO THE BREAKDOWN OF THECEASE-FIREIN ORDER TO RESUME THE IMPLEMENTATION OF RESOLUTION 435.

PAGE 397 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRETHUS, FOLLOWING CONTACTS WHICH I HAVE HAD WITH THEPARTIES DIRECTLY CONCERNED AND WITH OTHERS, I CONVEYEDCERTAIN PROPOSALS TO THE SOUTH AFRICAN AUTHORITIES ANDTO SWAPO ON 5 APRIL.I DID SO THROUGH MY SPECIAL REPRESENTATIVE, MR. AHTISAARIIN WINDHOEK, AND UNDER-SECRETARY-GENERAL GOULDING WHO.AS I MENTAONED. IS AT PRESENT IN LUANDA.THESE PROPOSALS CALL FOR THE RESTORATION OF THE CEASE-FIREAT A SPECIFIED TIME AND DATE AT WHICH ALL HOSTILE ACTSWOULD CEASE AND THE CEASE-FIRE WOULD BE OBSERVED INPLACE BY ALL PARTIES NAMELY, THE SOUTH AFRICAN DEFENCEFORCES AND THE SOUTH WEST AFRICAN POLICE ON THE ONE HANDAND SWAPO ON THE OTHER. FROM THAT DATE AND TIME,CROSS-BORDER MOVEMENT BY ALL CONCERNED WOULD STOP;BROADCAST ANNOUNCEMENTS TO THIS EFFECT WOULD BE MADEBY THE AUTHORITIES CONCERNED. COMPLIANCE WITH THE CEASE-FIRE BY SOUTH AFRICAN DEFENCE AND POLICE FORCES WOULD BEMONITORED BY UNTAG PERSONNEL. SIMULTANEOUSLY UNTAGWOULD ESTABLISH AN APPROPRIATE NUMBER OF TEMPORARY

ASSEMBLY POINTS FOR SWAPO ARMED FORCES PERSONNEL ATPRESENT WITHIN NAMIBIA.BEGINNING 24 HOURS AFTER THE RESTORATION OF THE CEASE-FIREAND FOR THE NEXT 24 HOURS, SWAPO ARMED FORCES PERSONNELPRESENT IN NAMIBIA WOULD REPORT TO UNTAG AT TEMPORARYASSEMBLY POINTS.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE- 4AT THESE POINTS, SWAPO ARMED FORCES PERSONNEL WOULDCHOOSE BETWEEN:- REMAINING ARMED. IN V'HICH CASE.THEY WOULD BE ESCORTED ACROSS THE BORDER AND HANDEDOVER TO ZOINT ANGOLAN/UNTAG PERSONNELTO BE FURTHER ESCORTED NORTH OF THE SIXTEENTH PARALLEL, Ow HANDING OVER THEIR WEAPONS TO UNTAG AND RETURNING ASUNARMED CIVILIANS TO THEIR HOMES IN NAMIBIA.IN THE PERIOD BEGINNING 48 HOURS AFTER THE RESTORATION OFTHE CEASE-FIRE AND EXTENDING FOR D2 HOURS, SOUTH AFRICANDEFENCE FORCE PERSONNEL WOULD RETURN TO BASE UNDERUNTAG MONITORING. AT THE SAME TIME. ACTION WOULD BETAKEN TO CLOSE THE-TEMPORARY ASSEMBLY POINTSESTABLISHED FOR SWAPO.ON MY BEHALF.AND IN FURTHERANCE OF THE AIMS WHICHI HAVE MENTIONED ABOVE, MR. GOULDING HAS BEEN IN CLOSETOUCH WITH SENIOR REPRESENTATIVES OF THE GOVERNMENT OFANGOLA AND OF SWAPO. IN PARTICULAR, HE AND THE DEPUTYFORCE COMMANDER OF UNTAG HAVE FOCUSED OlI PRACTICALARRANGEMENTS HAVINQ TO DO WITH THE RESTRICTION ANDMONITORING OF SWAPO ARMED PERSONNEL IN ANGOLA.PAGE 398

PAGE 399 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREIN ADDITION AND ON MY INSTRUCTIONS,MR. GOULDING CONVEYED TO PRESIDENT KENNETH KAUNDA OFZAMBIA.CURRENT CHAIRMAN OF THE FRONT LINE STATES,THE DETAILS OF MY PROPOSALS, AS I HAVE JUST OUTLINED THEM.YESTERDAY, 6 APRIL, MR. GOULDING WAS INVITED TO JOIN AT THECONCLUDING SESSION OF A SUMMIT MEETING OF THE FRONT LINESTATES AT WHICH THE PRESIDENT OF SWAPO WAS ALSO PRESENT.THERE, MR. GOULDING WAS INFORMED BY PRESIDENT KAUNDA.WHO SPOKE ON BEHALF OF THE FRONT LINE STATES AND WITH THESUPPORT OF THE SWAPO LEADERSHIP, THAT IT HAD BEEN DECIDEDTO ACCEPT MY PROPOSALS IN ORDER TO END THE LOSS OF LIVES.

HOWEVER. AS REGARDS THE SWAPO ARMED FORCES PERSONNELINSIDE NAMIBIA, PRESIDENT KAUNDA STATED THAT: QUOTESWAPO AGREED THAT ALL COMBATANTS WOULD BE DISARMED ATASSEMBLY POINTS BUT THAT THE SUMMIT WANTED THEM TOREMAIN THERE UNDER THE PROTECTION OF UNTAG, UNTIL THESWAPO LEADERSHIP HAD RETURNED'TO NAMIBIA AND IT WAS SAFEFOR EX-COMBATANTS TO JOIN THEIR LEADERS IN WINDHOEK ORELSEWHERE. THE.SUMMIT ALSO HOPED THAT SWAPOCOMMANDERS AND UNTAG COULD WORK TOGETHER TO ENSURETHAT THE CEASE-FIRE WAS SMOOTHLY IMPLEMENTED. UNQUOTE.AS OF THIS TIME, I HAVE NOT YET RECEIVED FROM THE SOUTHAFRICAN AUTHORITIES A FORMAL RESPONSE ADDRESSING ITSELFTO MY PROPOSALS. THE CONTACTS ARE CONTINUING BETWEENTHEM AND MY SPECIAL REPRESENTATIVE.

-6DESPITE THE VERY DIFFICULT CIRCUMSTANCES IN WHICH WE AREOPERATING AND THE TIME-FRAME REQUIRED FOR THEDEPLOYMENT OF UNTAG, OF WHICH YOU ARE AWARE, I AMMAKING EVERY EFFORT TO EXPEDITE THE ARRIVAL ANDDEPLOYMENT OF PERSONNEL AND EQUIPMENT IN THE TERRITORY.IN THIS CONNECTION, I AM EXTREMELY GRATEFUL FOR THE FRESHOFFERS OF SUPPORT WHICH I HAVE RECEIVED FROM MEMBERSTATES INCLUDING MEMBERS OF THIS COUNCIL.AT THIS TIME, I WOULD LIKE TO PROVIDE THE FOLLOWINGADDITIONAL INFORMATION REGARDING UNTAG'S DEPLOYMENT:FINNISH BATTALION,'- 850 PERSONNEL ARE TO BE AIRLIFTED BY A COMBINATION OFUNITED STATES GOVERNMENT AND CIVILIAN CHARTER AIRCRAFTBETWEEN8 AND 10 APRIL.- THEIR EQUIPMENT IS DUE TO ARRIVE AT WALVIS BAY ON 11APRIL.UN-Y-A" ATTALION- AT MY REQUEST, THE KENYAN AUTHORITIES HAVE AGREED TOADVANCE THE ARRIVAL OF THE BATTALION. IT IS READY FROM 8APRILTO BE AIRLIFTED TOGETHER WITH ITS EQUIPMENT.- DISCUSSiONS ARE UNDER WAY TO UTILIZE THE OFFER OF THESOVIET UNION TO ASSIST IN AIRLIFTING THE BATTALION.RFPRnnJIi1]lFI AV TF NAMIMIA 'MMIINI('A'IINn¢l rFNTRFPAF Ann

PAGE 401 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-7

MALAYSIAN BATTALION:- EQUIPMENT OF THIS BATTALION WAS SHIPPED ON 21 MARCHAND ISDUE TO ARRIVE AT WALVIS BAY ON 18 APRIL.- THE BATTALION PERSONNEL ARE DUE TO BE FLOWN ON 17 AND20APRIL.VEHICLESONE OF THE MAIN PROBLEMS WHICH HAS HAMPERED UNTAG°SOPERATION SO FAR HAS BEEN THE LACK OF VEHICLES. ESPECIALLYMINE-RESISTANT VEHICLES -- WHICH ARE PROVING DIFFICULT TOOBTAIN. I SHOULD BE GRATEFUL FOR FURTHER HELP FROMMEMBER STATES IN THIS REGARD.WITH REGARD TO THE SITUATION ON THE GROUND, THE LATESTREPORT WHICH I HAVE RECEIVED FROM THE FORCE COMMANDERSTATES THAT THERE ARE NOV 937 MEMBERS OF THE UNTAGMILITARY COMPONENT IN NAMIBIA. 300 MORE ARE DUE TO ARRIVEFROM THE UNITED KINGDOM AND POLAND IN THE NEXT TWO DAYS.THE NUMBER OF MILITARY OBSERVERS STANDS AT 299, ALL OFWHOM HAD ARRIVED IN NAMIBIA BEFORE I APRIL TOGETHER WITHTHE ADVANCE PARTIES OF THE THREE INFANTRY BATTALIONSFROM FINLAND. KENYA AND MALAYSIA AS WELL AS SOMEELEMENTS OF THE LOGISTIC UNITS. OF THE MILITARY OBSERVERS,132 ARE DEPLOYED IN THE NORTH.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE-8IN REGARD TO THE OPERATIONAL POSITION OF UNTAG, MY SPECIALREPRESENTATIVE AND THE FORCE COMMANDER HAVE TWOOBSERVATIONS WHICH I WOULD BRING TO YOUR ATTENTION:FIRST, LOGISTICAL SUPPORT INCLUDING VEHICLES ANDCOMMUNICATIONS, IS A PREREQUISITE TO EFFECTIVEDEPLOYMENT ANDOPERATIONAL CAPABILITY. AND SUCH EQUIPMENT IS STILL INDESPERATELY SHORT SUPPLY DUE TO THE DELAYS INAUTHORIZING THE IMPLEMENTATION OF RESOLUTION 435. THIS ISALSO THE PRINCIPALREASON WHY THE EXTREMELY IMPORTANT POLICE MONITORINGELEMENT OFUNTAG HAS NOT BEGUN TO BE DEPLOYED AT THIS TIME. AND WILLNOTBEGIN TO BE PHASED IN UNTIL THE SECOND HALF OF APRIL.THE SECOND OBSERVATION WHICH MY SPECIAL REPRESENTATIVEAND THEFORCE COMMANDER MAKE IS THAT UNTAG'S PRESENCE. EVEN ATFULL

OPERATIONAL DEPLOYMENT CANNOT MAKE AN EFFECTIVECONTRIBUTION TOTHE SITUATION WHILE THERE IS NO CEASE-FIRE, AND IN THEABSENCEOF FULL COOPERATION BY ALL THE PARTIES CONCERNED TO MAKERESOLUTION 435 FULLY EFFECTIVE. IN THIS CONNECTION. MR.GOULDING'S MISSION TO ANGOLA IS ALSO OF VITAL IMPORTANCE.IN CONCLUDING, MR. PRESIDENT, I WOULD LIKE TO EMPHASIZEAGAIN THAT THE SITUATION IN NAMIBIA REMAINS EXTREMELYSERIOUS. I WILL MAKE EVERY EFFORT IN THE COMING HOURS TORESTORE THE CEASE-FIRE SO THAT WE MAY RETURN TO THEESSENTIAL TASK OF IMPLEMENTING RESOLUTION 435. THEMEETING OF THE JOINT COMMISSION IN NAMIBIA. TOMORROW.WILL BE OF CRUCIAL IMPORTANCE IN THIS REGARD.PAGE 402

4A F AlPAGE 403- 9NEEDLESS TO SAY. I SHALL NEED THE SUPPORT ANDUNDERSTANDING OF MEMBERS OF THE COUNCIL IN THE DAYSAHEAD. FOR MY PART, I SHALL NOT HESITATE TO CONSULT WITHYOU -- INDIVIDUALLY OR JOINTLY -- AND TO INFORM YOU OFDEVELOPMENTS.RE:PRnnI I'r R v T'wJIA IUIIRIA IrnAAAUI AI"A -rIni IC e*£AITD

DIt arm aV T.WAA AWIA 1 "AA"AtI I1A IV *CAITDC DA - A-fASouth West Africa People's OrganisationSWAPO of NamibiaS0UARM M J P.O. Box 194, London N5 1 L96, Gillesie Road, London ATelephone: (01-4359 9116f7PRESS STATEMENT Telex: 886226 SWAPO GTHE UN PLAN ENVISAGED IN RESOLUTION 435 DOES ALLOW SWAPOTO HAVE BASES IN NAMIBIASWAPO emphatically asserts, once again, that it understands very clearly theprovisions of the UN plan envisaged in Resolution 435 and in particular thosewhich apply to the confinement of SWAPO forces to base inside Namibia.The South African regime, in cahoots with UN officials in Namibia, aredishonestly using International ignorance of the UN plan in order to Justify SouthAfrica's murderous rampage through Namibia and its own violations of the UNplan. South Africa clearly relishes the extent to which It has duped theinternational media about the content of the plan. The UN has never made *vailable a comprehensive document detailing all the terms of the plan. Now, fearingthe South Africans will dump the plan if they do not have their way, these UN

officials are attempting to bounce SWAPO into new arrangements neverenvisaged in the UN plan.Resolution 435 is essentially a series of agreements between the two parties to theconflict in Namibia, namely SWAPO and South Africa. The UN SecretaryGeneral emphasised to the Geneva 'Pre-Implementation Meeting' in January 1981that there could be no going back on agreements already made. He dwelt on thisIssue precisely because the South African regime wanted to go back on issuesalready agreed.Security Council documents S/12827, S/12636 and S/12869, approved of inoperative paragraph 1 of Resolution 435, require the confinement of all SWAPOand South African forces to base at the time of the cease-fire. When Resolution435was adopted, the entire operation was envisaged as taking place within theborders of Namibia. The confinement to base of these forces could only bewithin Namibia. This agreement was reflected in paragraph 11 of the SecretaryGeneral's report to the Security Council of 26 February, 1979 (S/13120) where hestated that "any SWAPO armed forces in Namibia at the time of the ceasefire willlikewise be restricted to base at designbted locations inside Namibia to bespecified by the Special Representative after necessary consultation." Thatagreement has not been superceded by any later agreement and we challenge anyUNTAG offical or anyone else to demonstrate the contrary.Correspondence between P.W. Botha, then Prime Minister of South Africa, andthe UN Secretary General bears out our assertion that South Africa hadindeed agreed on the confinement of SWAPO forces to base in Namibia. Bothatold the UN Secretary General in a letter dated 15 March 1979 (S/13172)DA/ .I:: And

PA~F 4fl'; REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREthat the January 1979 document he attached "was drawn up to avoid anymisunderstandings and differing interpretations of the practical implementation ofthe settlement proposal." In this document, drawn up Jointly by South Africanand UNTAG military personal, states clearly that references in theoriginal proposal (S/12636) to SWAPO's "restriction to base...does not makesense unless 'bases' also refers to bases inside Namibia." Elsewhere It states that"SWAPO members restricted to base inside Namibia according to S/12636 mustbe given the facilities to vote."The South African Government tried to wriggle out of the agreement onrestriction to base of SWAPO forces insideNamibia by claiming that SWAPO had no bases inside Namibia. The UNSecretary General retorted in a letter also dated 15 March 1979 (5/13173) that hisreference to "any SWAPO armed forces in Namibia at the time of the cease-fire"(paragraph 11 quoted above) "referred precisely to such forces and was designedexclusively to solve the practical problem that might be created by the presence ofsuch forces."

South Africa's attempt to back track on the agreement and the failure of UNTAGto make any sort of provision for SWAPO forces inside Namibia at the time of theceasefire is a failure on the part of both South Africa and UNTAG toimplement Resolution 435 effectively and honestly.The 16th Parallel provision of the Geneva Protocol applies only "within thecontext ...of the cessation of hostilities In Namibia" and does not and cannotinterfere with agreements reached between the two parties to the conflict InNamibia and incorporated in Resolution 435.The fighting broke out because South African forces attacked SWAPO forceswho were seeking to be confined to base by UNTAG. Those military forces (theywere not police) should have been confined to base and it is they who broke theceasefire. UNTAG should have reported those violations of the UN plan to theSecurity Council but did not.There has been a gross misrepresentation of what the plan contains. The least wecould have expected of the Secretary General's Special Representative, MrMartti Ahtisaari, and his senior officials is that they familiarise themselves withthe UN plan and honestly pursue its implementation.The deplorable collaboration by UNTAG officials with thePretoria regime, has meant that SWAPO has been done a grave injustice whileNamibians suffer and die at the hands of those who are still, let us not forget. inillegal occupation of our country.London, 8 April 1989PAGE 405PA F 4NREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

PAGE 407 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREfighting, regroup and report to the People's Republic of Angola within 72 hoursunder the escort of UNTAG. We havecome to this difficult decision because we are aware of the historic responsibilitythat we have to our people and tohumanity as a whole.We have made this concession fully aware that the refusal by South Africa toallow our troops to be confined to base and be monitored by UNTAG insideNamibia Is a unilateral abrogation of one of the key provisions of United NationsSecurity Council Resolution 435. We are also aware of the deepfeelings and complete determination of our armed cadres inside Namibia to fightand die for their right to be underconfinement in their one and only motherland.The tenacity with which they have been fighting for the last six days Is a cleartestimony of that deep feeling andcommitment.But the leadership of SWAPO has decided to order them to stop fighting andreport to the People's Republic of Angola against their wishes because we are

convinced that this is in the long-term Interest of our nation, SWAPO and theNamibianpeople have nothing to gain by further loss of lives and the collapse of the UNindependence Plan for our country.The SWAPO leadership is also mindful of the fact that the South African troopshave been deliberately butchering the innocent civilian population in the war-affected areas under the cover of fighting SWAPO forces. Whole families havebeen wiped out. Villages have been heavily bombed by South African Jet fighterswhile ground troops have moved in with orders to shoot anything moving.As a matter of fact, the maJority of the SWAPO casualties South Africa isclaiming is composed of civilian victims of the South African genocidalonslaught. Therefore, in taking the decision to order our troops to stop fightingand leavethe country, SWAPO wants to remove the South African pretext to continue thisbarbaric carnage.It is our sincere hope that the UN Secretary General will prevail on South Africato respond positively to this proposal to end the fighting. We hope also thatUNTAG will announce without any further delay locations where ourcombatants should assemble before departing for the People's Republic of Angolawith their arms.We are grateful to the People's Republic of Angola for having agreed to receiveour cadres who are now being expelled from their motherland under the UN flag.I thank you.

05flIIll Ikf f Il TUC1 lA AArl~IOIA ( IVIAIA JIAI.II." IIC ,rAITlIr flAF'rAf 5I~ .5~lU5~V .IIfLFJ uULrvn m3-WSouth West Africa People's Organisation(SWAPO) of NamibiaOAPT FRMOM US P.O. box 194, London Ns96, Gillespie Road, LondoTelephone: (01-)359 9116Telex: S 2 SWAPO GPRESS STATEMENT BY SAM NUJOMA, PRESIDENT OF SWAPO,LUANDA. 8 APRIL 1989L*dies and Oentlemen of the press,I am sure that you have been followinS the tragic and very grove militarysituation prevailing in Namibia over the past week. SWAPO has made severalappeals to South Africa and to the UN Secretary General for them to doeverything possible within their power to stop the fighting in Namibia. We didthis through a number of bilateral and multilateral channelsof communication.The Secretary General has put forth a seven point proposal for the immediaterestoration of the cease-fire. SWAPO, supported by the Frontline States, acceptedthe proposal with one minor amendment. South Africa flatly rejected the

proposal out of hand and demanded that SWAPO troops should raise the whiteflag of surrender and run to Angola.The origin of the break-down of the cease-fire lies in the differing andcontradictory interpretations of the procedures about the Implementation ofUnited Nations Security Council Resolution 435.I am sure that you all would agree with me that now is not a time to go into theargument reogarding such contradictory Interpretations. Historians will performthat task. We in the leadership of SWAPO are at the present moment pre-occupied with the restoration of the cease-fire in Namibia in order to stop thefurther loss of lives and destruction of property. We are also extremely concernedto prevent the collapse of the independence process. We believe South Africaneeds every pretext to stop Namibia's independence process.Therefore, although we are very clear in our minds that the UN Plan for theindependence of Namibia provides very clearly for- the confinement of SWAPO troops to assembly points inside Namibia after thecease-fire came into effect, we have decided to make a concession on this Issuebecause we realised that South Africa fears that such assembly points will makeSWAPO win the planned UN supervised elections.The concession which the leadership of SWAPO has come to announce to theworld through you is that we have taken a decision to order all PLAN troopsinside Namibia to stop

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREP~ 0MOUNT ETJO DECLARATIONThe Joint Commission created by the Protocol of Brazzaville of 13 December1988, met at Mount Etjo, Namibia, on 8 to 9 April 1989 in an extraordinarysession.Delegations of the Peoples' Republic of Angola, the Republic of Cuba and theRepublic of South Africa, parties to the flew York accord of 22 December 1988,attended this meeting.Delegations from the United States of America and the Union of Soviet SocialistRepublics participated in their capacity as-observers.(a) The parties reaffirm their commitment to fulfil the obligations undertaken inthe accord of 22 December 1988 for.the peaceful resolution of the conflict in thesouthwestern region of Africa and in conformity with United Nations SecurityCouncil Resolution 632 of 16 February 1989.(b) In order to facilitate the restoration of peace and to promote the fullapplication of Resolution 435/78 of the Security Council of the United Nationsand the subsequent agreements subscribed to by the parties, as well as therestoration of the situation in existence on 31 March 1989, and taking into accountin this regard the declaration by the leadership of SWAPO on 8 April 1989, theparties agree to a package of recommendations which are reflected in the attachedannexure.(c) The parties urge the Secretary General of the United Nations

to urgentiy acopt ail tne rteeIsbdLy 1 u tu& Liac raosL =opec and completedeployment of UNTAG so that it can fully and effectively carry out its mandate.They likewise urge all member states of the United Nations, particularly thosewho are members of the Security Council, to extend to the Secretary General theirfull cooperation with the carrying out of UNTAG's tasks.MOUNT ETJONAMIBIA9 APRIL 1989PAGE 408PAGI: 40R

PAGE 409RPOUEDB H AIBACMUIATOSCNR-2ANNEXURE TO THE MOUNT &T.In DECLARATIONPRINCIPLES1. The withdrawal procedure has as its purpose the restoration of the situation inexistence on March 31 1989.2. The Administrator-General and UNTAG shall verify the departure of SWAPOtroops from Namibia.3. The security and protection of the SWAPO elements and of the security forcesin Namibia enjoy the highest level of importance.4. A period will be established during which SWAPO forces will be granted freepassage to the border assembly points and those assembly points south of theborder which are contained in the annexure to this document.S. As of the signing of this document it will be considered that the SWAPO forceswill be able to deploy with full safety to the established assembly points.6. The procedure will be simple and practical to allow its implementation in theshortest time possible.7. This procedure will be executed under UNTAG supervision.1. The Peoples' Republic of Angola commits itself to receive on its territory theforces of SWAPO which leave Namibia and to ensure that these forces and otherson its territory are confined north of latiLude 16 *S under UNTAG's supervision.2. As of (9 April 1989) SWAPO troops who are still in the territory of Namibiashould present themselves to the border assembly points or to the assembly pointssouth of the border herein established, enjoying the right of freedom of passage.3. All assembly points shall be under UNTAG supervision and shall containpersonnel drawn from UNTAG and personnel authorised by the Administrator-General. SWAPO shall utilise the normal chain of command for thecommunications as well as the broadcast on commercial networks to notify itsmembers of said arrangements.IREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPA t . : a.Nq

REPRDUCD BYTHENAMBIA OMMNICTION CETREPAGE 410-3

4. The Joint Military Monitoring Commission shall be temporarily reactivatedwithout Cuban representation, unless requested by both parties, until the situationexisting on 31 March 1989 has been re-established.At the border assembly points which appear in the annexure to this document,joint border control posts manned by forces of the PRA and the RSA will beestablished with the presence of UINTAG to guarantee the control of the crossingof SWAPO forces.5. The terms of this agreement, the assembly pointq on the border as well as theassembly points south of the border herein established shall be communicated toSWAPO forces by all means possible.6. SWAPO forces which turn themselves over to the custody of UHTAG shall laydown their weapons with UNTAG.7. SWAPO members who present themselves to the assembly points south of theborder shall be transferred by air to north of latitude 16 *S by UNTAG or byAngola under the supervision of UNTAG.8. SWAPO members who present themselves to assembly points on the borderwill be transferred to bases north of latitude 16 6S by Angola under thesupervision of UNTAG.9. The Administrator-General and the Special Representative shall be notified asto the number of SWAPO forces which return to the bases north of latitude 16OS. from the territory of Namibia.10. By 15 April 1989, the Special Representative will be informed by SWAPOabout the conclusion of the removal of its forces from the territory of Namibia.11. The end of this process will be based on two essential points:- Information provided by SWAPO to the Special Representative upon theconclusion of the removal of its forces from Namibian territory.- Joint verification by the Administrator-General and the Special Respresentativeof the exit of all SWAPO forces from Namibian territory.Once these two conditions are met, the situation existing on 31 March 1989 willbe considered to have been restored.REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

PAGE 411 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-412. Having agreed to the foregoing principles and procedure the threeGovernments take note of a press release by the SWAPO leadership announcingthe withdrawal of SWAPO forces from the northern part of Namibia to Angola.The three Governments recommend that the Administrator-General and theSpecial Representative of the Secretary General give immedi.ate'attention as tohow SWAPO'S decision can be put into effect within the framework of the agreedwithdrawal procedure with a view to ensuring that lives are spared.MOUNT ETJONAMIBIA9 April 1989PAGE 411

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUCED BY ' NAMIBIA COMMUNICA TIONS CENTREPAGE 412ANNEXUREPROPOSED ASSEMBLY POINTS WITHIN KAMBIA1. Operette (near Oshivello)2. Nkongo 3. Eenhana4. Okankolo S. Ondangwa6. Ombalantu7. Ruacana9. Opuwf 9. Ehomba10. OkangwatiBORDER ASSEMBLY POINTS1. Epupa2. Swartboolsdrif3. Beacon 1 4. Beacon 75. Beacon 14 6. Beacon 19 7. Beacon 25 B. Beacon 34

PAGE 413 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREff itt 0f tbt fbmin tar-tnralNews Relqase AG 4/710 April 1989ZM'-DIATh RELEASEREPLACING RELEASE AG 4/6Joint Statement by the Administrator-General and the Special Representative ofthe Secretary General of the United Nations.Issued on Sunday evening April9th, at the conclusion of theMount Etjo Meeting.After the statement of Mr Sam Nujoma, President of SWAPO, ordering his troopsto withdraw from Namibia to Angola, the Administrator-Generaland the Special Representative have established procedures to facilitatethe safe passage of such personnel from Namibia to Angola. These willbe carried out under UNTAG supervision. SWAPO forces are being granted freepassage to boraer assembly points, and to assembly points south of the border.Measures have been takento ensure their safest possible movement to such assembly points.The border assembly points w ll, be at Epupa, Swartbooisdrif, Beacon 1, Beacon7, Beacon 14, Beacon 19 and Beacon 25.Assembly points south of the border will be established at Okankolo and Nkongo.These points will be clearly identified with United Nations flags andwill be operational under UNTAG at noon. local time on Tuesday 11 April. Therewill be a United Nations' military presence, a presence of the

security forces in Namibia, as well as a presence of the security forces of Angola,at each of the above assembly points, except at those at Okankolo and Nkongo,where t1ere will be no Angolan presence.At Epupa and at Beacon 25 the Angolan presence will, for logistical reasons, beestablished by noon local time on Wednesday 12 April.It has also been agreed that the security forces in Namibia will not act againstPLAN members congregated in the immediate vicinity of church premises so that,under UNTAG supervision, they may be escorted from there to assembly points.

REPROlDUCED BY THIEI AMlIBIA CAUM IAICATIAAK (AE9* 4 Al2.From such assembly points PLAN members will be escorted across the borderand transported to their bases in accordance with agreements reached atMount Etjo within the Tripartite process.Enquiries: Office of the Administrator-GeneralGerhard Roux - Tel: 36630 x 230PA 1:: dla.

PAGE 415 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRESTATEMENT BY THE SECRETARY-GENERAL AT INFORMALCONSULTATIONS OF THE SECURITY COUNCIL MONDAY. 10 APRIL1989MR. PRESIDENT,WHEN WE MET ON FRIDAY EVENING,I INFORMED THE MEMBERS OF THE COUNCIL THAT I WOULD NOTHESITATE TO CONSULT WITH YOU INDIVIDUALLY OR JOINTLY ANDTO KEEP YOU INFORMED OF FURTHER DEVELOPMENTS.OVER THE PAST 48 HOURS, THERE HAVE BEEN MANY SUCHDEVELOPMENTS OF WHICH I SHOULD LIKE TO TELL YOU TODAY.ON 8 APRIL 1989. I WAS INFORMED OF A STATEMENT MADE BY MR.SAM NUOMA., PRESIDENT OF SWAPO. IN LUANDA THAT EVENING. INTHAT STATEMENT. MR. NUjOMA, INTER ALUA, ANNOUNCED ADECISION TAKEN BY THE LEADERSHIP OF SWAPO QUOTE TOORDERALL PLAN'TROOPS INSIDE NAMIBIA TO STOP FIGHTING.REGROUP AND REPORT-TO THE PEOPLE'S REPUBLIC OF ANGOLAWITHIN 72 .HOURS UNDER THE ESCORT OF UNTAG UNQUOTE. SINCENOT ALL MEMBERS OF THE COUNCIL MAY HAVE THE FULL TEXT OFTHIS STATEMENT, COPIES OF IT ARE BEING MADE AVAILABLE TOYOU NOW.

REPRODUCEDfl BY THE NAMIAUIA CO MQIIA T'QA'IAA cIFAIuTDAC C-2IMMEDIATELY UPON LEARNING OF MR. NU3OMA'S STATEMENT,

I INSTRUCTED MY SPECIAL REPRESENTATIVE IN WINOHOEK ANDTHE FORCE COMMANDER OF UNTAG, TO SEIZE THE OPPORTUNITYCREATED BY MR. NUJOMA'S STATEMENT AND THE MEETING OF THEJOINT COMMISSION CONSTITUTED UNDER THE BRAZZAVLLEPROTOCOL TO TIE DOWN ARRANGEMENTS THAT COULDFACILITATE THE RESTORATION OF THE CEASE-FIRE AND THEIMPLEMENTATION OF RESOLUTION 435.IN THE COURSE OF 9 APRIL 1989.THE MEMBERS OP THE JOINT COMMISSION (ANGOLA, CUBA ANDSOUTH AFRICA), TOGETHER WITH REPRESENTATIVES OF THEUNITED STATES AND THE SOVIET UNION. WHO ATTENDED ASOBSERVERS. MET AT MOUNT ET:O, NAMIBIA. MY SPECIALREPRESENTATIVE AND THE FORCE COMMANDER WERE AVAILABLETO THEM.AT 2.30 P.M. NEW YORK TIME ON 9 APRIL. I WAS INFORMED BY MYSPECIAL REPRSENTATIVE THAT THE JOINT COMMISSION HADADOPTED A DETAILED DECLARATION ON WAYS OF DEALING WITHTHE PRESENT CRISIS. FOR EASE OF REFERENCE, I AM MAKINGAVAILABLE TO YOU THE TEXT OF THE UECLARATIONo TOGETHERWITH ITS ANNEXURE. THE DECLARATION IXTII.ALIA STATES:DA I= al R

PAGE 417 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-3(A) THE PARTIES REAFFIRM THEIR COMMITMENT FO FULFILL THEOBLIGATIONS UNDERTAKEN IN THE ACCORD OF 22 DECEMBER 1988FOR THE PEACEFUL RESOLUTION OF THE CONFLICT IN THESOUTHWESTERN REGION OF AFRICA AND IN CONFORMITY WITHUNITED NATIONS SECURITY COUNCIL RESOLUTION 632 OF 16FEBURARY 1989.(8) IN ORDER TO FACILITATE THE RESTORATION OF PEACE AND TPROMOTE THE FULL APPLICATION OF RESOLUTION 435/78 OF THESECURITY COUNCIL OF THE UNITED NATIONS AND THESUBSEgUENTAGREEMENTS SUBSCRIBED TO BY THE PARTIES, AS WELL AS THERESTORATION OF THE SITUATION IN EXISTENCE ON 31 MARCH 1989,AND TAKING INTO ACCOUNT IN THIS REGARD THE DECLARATIONBY THE LEADERSHIP OF SWAPO ON 8 APRIL 1989. THE PARTIESAGREE TO A PACKAGE OF RECOMMENDATIONS WHICH AREREFLECTED IN THEATTACHED ANNEXURE.(C) THE PARTIES URGE THE SECRETARY-GENERAL OF THE UNITEDNATIONS TO URGENTLY ADOPT ALL THE NECESSARY MEASURESFOR

THE MOST RAPIO AND COMPLETC DEPLOYMENT OF UNTAG SO THATITCAN FULLY AND EFFECTIVELY CARRY OUT ITS MANDATE.THEY LIKEWISE URGE ALL qEMBER STATES OF THE UNITEDNATIONS.jPARTICULARLY THOSE WHO ARE MEMBERS OF THE SECURITYCOUNCIL,TO EXTEND TO THE SECRETARY-GENERAL THEIR FULLCOOPERATIONWITH THE CARRYING OUT OF UNTAG'S TASKS.

REPRODUCED BY THE NAMIBIA COMMUNICATuONK CFNTREPAr-P 41 s- 4AS FAR AS THE ANNEXURE TO THE DECLARATION IS CONCERNED,IT CONTAINS TWO PARTS: PRINCIPLES AND SEQUENCE.THE PRINCIPLES HIGHLIGHT THAT THE WITHDRAWAL PROCEDUREHAS, AS ITS PURPOSE, THE RESTORATION OF THE SITUATION INEXISTENCE ON 31 MARCH 1989.TO THIS END, QUOTE A PERIOD WILL BE ESTABLISHED DURINGWHICH SWAP FORCES WILL BE GRANTED FREE PASSAGE TO THEBORDER ASSEMBLY POINTS AND THOSE ASSEMBLY POINTS SOUTHOF THE BORDER UNQUOTE. FURTHER. AS OF THE SIGNING OF THISDOCUMENT, QUOTE IT WILL BE CONSIDERED THAT THE SWAPOFORCES WILL BE ABLE TO DEPLOY WITH FULL SAFETY TO THEESTABLISHED ASSEMBLY POINTS UNAUOT AND THE QUl..PROCEDURE WILL BE EXECUTED UNDER UNTAG'S SUPERVISIO1THE SEQUENCE STARTS WITH A COMMITMENT BY ANGOLATO RECEIVE ON ITS TERRITORY THE FORCES OF SWAPO WHICHLEAVE NAmIBI AND TO ENSURE THAT THESE FORCES AND OTHERSON ITS TERRITORY ARE CONFINED NORTH OF LATITUDE 16DEGREES SOUTH UNDER UNTAG SUPERVISION. AS OF 9 APRIL 1989.SWAPO TROOPS' WHO ARE STILL INTHE TERRITORY OF NAMIBIA SHOULD PRESENT THEMSELVES TOTHE BORDER ASSEMBLY POINTS OR TO THE ASSEMBLY POINTSSOUTH OF THE BORDER SET OUT IN THE DECLARATION, ENJOYINGTHE RIGHTS OF FREEDOM OF PASSAGE. THE ANNEXURE THENCONTAINS DETAILS OF THE MANNER IN WHICH THE ASSEMBLYPOINTS SHALL BE ORGANIZED AND CSTABLTSWFD AND THEMANNER IN WHICH SWAPO FORCES WILL PRESENT THEMSELVES ATTHESE POINTS.PA F. ;::: A1 R

PAGE 419 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE

BY 15 APRIL 1989, MY SPECIAL REPRESENTATIVE WILL BEINFORMED BY SWAPO ABOUT THE CONCLUSION OF THE REMOVALOF ITS FORCES FROM THE TERRITORY OF NAMIBIA. THE END OFTHIS PROCESS WILL BE BASED ONTWO ESSENTIAL POINTS:INFORMATION PROVIDED BY SWAPO TO THE SPECIALREPRESENTATIVEUPON THE CONCLUSION OF THE REMOVAL OF ITS FORCES ONNAMIBIAN TERRITORY;JOINT VERIFICATION BY THE ADMINISTRATOR-GENERAL AND THESPECIAL REPRESENTATIVE OF THE EXIT OF ALL SWAPO FORCESFROMNAMIBIAN TERRITORY.ONCE THESE TWO CONDITIONS ARE MET# PARAGRAPH 10 OF THEQUO..T.E SEQUENCE UNQUOTE STATES THAT THE SITUATIONEXISTING ON 31 MARCH 1989 WILL BE CONSIDERED TO HAVE BEENRESTORED.UPON THE ADOPTION OF THE DECLARATION AND ANNEXURES,THEIR TEXTS HAVE BEEN COMMUNICATED TO SWAPO. FURTHER.MY SPECIAL REPRESENTATIVE WENT ON RADIO IN WINOHOEK TOANNOUNCE THE ELEMENTS OF THE DECLARATION. WHICH IS BEINOGIVEN MAXIMUM PUBLICITY ON AN HOURLY BASIS OVER THE NEXTFORTY-EIGHT HOURS.IN LIGHT OF THESE DEVELOPMENTS,THE FOLLOWING STATEMENT WAS ISSUED YESTERDAYAFTERNOON IN NEW YORK ON MY BEHALF:

D Dln f lnIf DVrTI../.Al L! DIA -fAkA lAt. .h rl^lnIl I I I.ilvl ,cu I [MUE £,U- 6QUOTE THE SECRETARY-GENERAL WELCOMES ANDAPPRECIATES THESTATEMENT MADE BY THE PRESIDENT OF SWAPO. MR. SAMNU;OMA,ION 8 APRIL 1989 AND THE SUBSEQUENT DECLARATION OF MqUNTETJO ISSUED TODAY BY THE JOINT COMMISSION CREATED BY THEPROTOCOL OF BRAZZAVILLE OF 13 DECEMBER 1988.HE BELIEVES THAT, IN THE LIGHT OF THESE DEVELOPMENTS, THERESTORATION OF THE CEASE-FIRE IN NAMIBIA WILL BEFACILITATED TOGETHER WITH THE PROCESS OF IMPLEMENTINGRESOLUTION 436. THE SECRETARY-GENERAL IS IN CLOSE TOUCHWITH HIS SPECIAL REPRESENTATIVE AND THE FORCE COMMANDEROFUNTAG WHO ARE WORKING TO ENSURE THAT ALL THE NECESSARYPRACTICAL ARRANGEMENTS ARE TIED DOWN WITH A SENSE OFUTMOSTURGENCY. IN THIS CONNECTION, HE IS ALSO IN CLOSE TOUCH

WITH UNDER-SECRETARY-GENERAL GOULDING, WHO IS INLUANDA.UNQUOTEI WOULD HOPE THAT WITH THE STRENUOUS EFFORTS OF THE PASTFORY-EIGHTHOURS, WE SHALL SEE AN END TO THE INTENSESUFFERING AND CASUALTIES THAT HAVE SCARRED THE START OFUNTAG'S WORK. THE RESPONSIBILITIES DEVOLVING ON UNTAG ASA RESULT OF RECENT DEVELOPMENTS AND THE MEASURES HAVINGTO 89 TAKEN ZN CONSEQUENCE HAVE PLACED ADDITIONALDEMANDS ON THE FORCE. PARTICULARLY IN REGARD TO ITSMOBILITY. TO THIS END, I HAVE TAKEN A SERIES OF STEPS OVERTHE WEEK-END T9 STRENGTHEN ITS CAPACITY TO MEET THESERESPONSIBILITIES $0 THAT IT CAN FUNCTION INDEPENDENTLY ANDEFFECTIVELY.

DA A .'11- 7BEFORE CONCLUDING. I SHOULD LIKE YOU TO KNOWTHAT WE HAVE RECEIVED EXCELLENT COOPERATION FROM THEANGOLAN AUTHORITIES ON THE PRACTICAL ARRANGEMENTSREQUIRED FOR THE RESTRICTION AND MONITORING OF SWAPOFORCES IN ANGOLA. THESE ARRANGEMENTS ARE BEING PUT INPLACE EXPEDITIOUSLY.AS OF TODAY, I EXPECT THE FINNISH BATTALION TO HAVE BEENFULLY AIR-LIFTED TO WINDHOEK. ARRANGEMENTS ARE-ALSOFAR ADVANCED TO EMPLACE THE KENYAN BATTALION.ONCE AGAIN, I SHOULD LIKE TO THANK THE SECURITY COUNCILFOR ITS SUPPORT. r SHALL CONTINUE. TO KEEP YOU FULLYINFORMED.DrDD fllI Cr% DV 7LIC ADA 0IIA lfAAIuIAIIJl-A"rlfAIC f'CAIYrDC

DDonniirn f ,y.TI AiA&Aa. I rnAAAA1A1trAT nAAC fCAr r nr A, llf=r ,...dIV*'.fl* #*..D '. lVI fl rn aI .&d.4*ant or tan biz 2bminitatrur-denEral @ffirr of t r Qbminfratr-grntlNEWS RELEASE AG 4/711th April, 1989IMMEDIATESTATEMENT BY THE ADMINISTRATOR-GENERAL TO THEMEDIAASSEMBLY POINTS IN TERMS OF THE MOUNT ETJO DECLARATIONAssembly points are operational in so far as it concerns SWAPOL and the SWATerritory Force.About 50 people per assembly point will be supplied:* 15 will be supplied by UNTAG, consisting mainly ofsignals personnel, engineers and S monitors;* 10 will be supplied by SWAPOL; and

* 25-30 will be supplied by the SWATF for protection,logistics and medical services.The Assembly Points will be identified by UNTAG flags. SWAPOL, which willbe acting on behalf of the Administrator-General, as well as UNTAG will havethe tasks to verify numbers and to gather information on possible weapons caches.In this regard, UNTAG and SWAPOL agreed that PLAN-fighters will beinterrogated in order to verify the suspected numbers of Infiltrators, to identifywounded, ascertain their whereabouts, as well as the positions of weaponscaches.All weapons will be handed to UNTAG for safekeeping.A joint SWAPOL - UNTAG patrol will patrol the border daily in o1der to identifytracks indicating PLAN-fighters who crossed the border without reporting at crosspoints. This is part of the verification process.Thus far 23 tracks crossing the border from Namibia into Angola have beenverified. SWATF vehicles will be made alailable to UNTAG. Such vehicles willbe identified by UNTAG flags.PLAN-fighters who decide to surrender will not be taken into custody by theSecurity Forces, but UNTAG will be advised of the wishes of the PLAN-fighters.Members of the public are requested to advise SWAPOL of any gatherings ofPLAN-fighters at or near churches. UNTAG will then be advised accordingly.Enquiries: G. Roux / D.P. VenterTA1 * 1rrO x 230

REPROWc1cn BY THE NAMIBIA COMAA1 fAlIrA TInAlc rrAT-Dc'UNTAGN A M I B I AStatm Rep=t cn WM Military C=p~t11 Axil 1989militery persomel in Nmdbia as of 11 >ýpril: lill.ty ratiwaiity:96 ~tralia 23 B"ladesh 60 Camda20 Cz~1o~ 132 De~ lidt V~Aftl 20 Im~ 86 Italy 5019 PM 32 Poland 49 spain 20 5~ 46 switzer~ 25 ~ 169 M25 Y~lavialin lompz~2UW Nsti=s .Trknsiýon Ass'suýnce GroupPAGF 421

RFPRDIJFD V T-iF lA AIRA ClRRIINIATIAK FMTF IAr-E 424NAINAB7N.A M I. B I APRESSRELEASEUNTAG Meets Noon Deadline for Assembly Points

11 April 1.989At 11:55 a.m. today, Lt. Gen. [rem Cand, Force Commander of uIiAG, arrivx] atOshikango onl the Namibian-Angolan border to confirm that his tro)pj hadsuccessfully established a highly-visible L11 presence as sjY.v'ified i.n theMt. Etjo agreement. Ihat agreement, concldLKed late Sulday aur)ix AnC4ola,Culxiand South Africa, called for the creation of "assembly pxoints" on or near theborder to which SQiPO troops now in Namibia could report, aix.1 then L.escorted north by UtrAG with a guarantee of free passage. Initially, nine suclassemIly points were to be established by UNTAG by noon today, spanning anarea of over500 kilometers.General Oland announced that UNTAG had successfully established a presence atall nine sites today. At 0shikango, he was met by Cl. John Warren, theAustralian OQntingent Comunder, who with fourteen of his engineers had begunto pitch camp. At noon, Col. Warren hoisted a nine-by-five-foot UN flag to thetop of a tall tree at the edge of a clearing about 400 meters west of the tarroad. At the site were about a half dozen UN vehicles, painted white withlarge black UN letters on the doors. Several of these also displayed U4 flags.In addition to the Australian engineers, there were three Pakistani officersfrom the UNrAG Military Observer force. Eventually, each of the assemblypoints will be staffed by fifteen UNrAG personnel-five monitors, five engineersand five signals experts. Under the Mt. Etjo agreement, SouthAfrican and Angolan military will also be present, as a result of thetemporary reactivization of the Joint Military Monitoring ommission. TheAngolan presence wuld be limited to the seven assembly points on the border.The seven border points are: Epupa, Swartfroisdrif, Beacon 1 (Ruacanl), Beacon7, Beacon 14, Beacon 19 (Oshikaigo), and Beacon 25. Ihe two interior pointsare Nkongo and Okankolo.beaconl9RFPRIIr(Ff3 RY T1Fc NAMIRIA ('nMMIHVIrATIn') U r'r, TRIFPA I= A')&

T*PAGE 425 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREEXPLANATION OF THE WITHDRAWAL PROCEDURE PROVIDED FORIN THE MOUNT ETJO DECLARATIONISSUED JOINTLY BY THE OFFICES OF THE ADMINISTRATOR-GENERAL AND THE SPECIAL REPRESENTATIVETo remove any uncertainty about the procedure agreed upon to facilitate thedeparture of SWAPO forces from Namibia, the Administrator-General and theSpecial Representative wish to stateas follows:1. The object of the withdrawal procedure is to restore thesituation in existence on March 31, 1989;

2. To facilitate the departure of SWAPO forces from Namibia, all the designatedAssembly Points will be made operational with the least possible delay. Those atEpupa, Swartbooisdrif, Beacon 1, Beacon 7, Beacon 14, Beacon 19, Beacon 25,Okankoloand Nkongo are already operational.3. The assembly points will be under UNTAG supervision and shall containpersonnel provided by UNTAG and the AdministratorGeneral. At the borderassembly points there will, in addition,be personnel provided by the Angolan government.4. SWAPO forces have been requested to proceed as soon as possibleto the Assembly points which will be identified by UNTAG flags;5. SWAPO forces which accept the custody of UNTAG in this manner will berequired to hand over their weapons to UNTAG for safekeeping;6. Since the withdrawal procedure has as its purpose the restoration of thesituation in existence on March 31, the Administrator-General and UNTAG havethe task of verifying the departure of SWAPOforces from Namibia;7. Patrols will be undertaken of the border area singly or jointly for purposes ofverifying the numbers crossing the border;8. Should SWAPO forces wishing to return to Angola be located in the vicinity ofchurch premises or elsewhere, UNTAG should at once be notified. UNTAG willthen make appropriate arrangementsto facilitate their departure;9. It is emphasised that the procedure is disigned to facilitate and expedite thedeparture of SWAPO forces from Namibia in accordance with the Mount EtjoDeclaration and will throughout be executedunder UNTAG supervision.V(antoorvnn Aie Administrateur-genercolI1 2 APR I9Cfficeat the Ad,:, *nerotor.General

RlDroanI f ly TU sllAiA IsPA rn lAAI IAIll A TIIAIC rrAIR "/I vA.. ,, . ; Issued on 12 April,,. . 1989 in WindhoekN A M I B I AEXPLANATTON OF THE WTTMORAWAL PEOCEDUIE PROVTDED FORIN TPHE PRESS MOUNT r'fo DECL).TTQHRELEASEYssued Jointlv byThe Offices of the Adrlnistrator-Ceneral and of the SpecialRepregentative of the Secretary-CeneralTo remove any uncertainty about the procedure agreed uponto facilitate the d arture of SWAPO forces from Namibia, theAdministrator-General and the Special Representative of the

Secretary-General wish to state as follows:.1. The object of the withdrawal procedure is to restorethe situation in existence on March 31, 1989;2. To facilitate the departure of SWAPO forces fromNamibia, all the designated Assembly Points will bemade operational with the least possible delay.Those at Epupa, Swarthooisdrif, Beacon 1, Beacon 7,Beacon 14, Beacon 19, Beacon 25, .Okankolo and Nkongoare already operational.3. The Assembly points will be under UNTAG supervisionand shall contain personnel provided by UNTAG andthe Administrator-General. At the border assemblypoints there will, in addition, be personnelprovided.by the Angolan Government.nAlP A "% C

PAGE 427 REPRODUCED BY THE NAMIBIACOMMUMCATIONS CENTRE4. SWAPO forces have been requested to proceed as soon/identified by UNTAG flags;5. SWAPO forces which accept the custody of UNTAG inthis manner will be required to hand over theirweapons to UNTAG for safe-keeping;6. Since the withdrawal procedure has as its purposethe restoration of the situation in existence onMarch 31, the Administrator-General and UNTAG have the task of verifying thedeparture of SWAPO forcesfrom Namibia;7. Patrols will be undertaken of the border area singlyor jointly for purposes of verifying the numberscrossing the border:8. Should SWAPO forces wishing to return to Angola belocated in the vicinity of church premises orelsewhere, UNTAG should at once be notified. UNTAGwill then make appropriate arrangements tofacilitate their departure;9. It is emphasized that the procedure is designed tofacilitate and expedite the departure of SWAPOforces from Namibia in accordance with the Mount Etjo Declaration and willthroughout be executedunder UNTAG supervision.

REPRflflhCEf BY THE AMIBIA M lMAAII:ATIr^AIC rAITDC ~~Wl*I..W,&rpuc f4OSOUJDARITY - FREEDOM - JUSTICE

1 SMTTIENT BY fl1B)-lEN GuftIRA13, SNPOECRETARy POR FEGAFFAfCAPRIL 12, 1989 - UNITED NATIOCJHUR CENTER :NI-1W YORK~Fricads, ladies andl jentleeni of ilie press, 1 lin siire that you have beenfollowing with komei interesi. the tragic anel vosy grave miu tar>' cOnfi ict inNagmibia during the last 12 day.. You ina), alo be aware tlint thec Pretoriaregiuce, suipported by iis friendsp havo doni* eveiything possible to jusrify irscarnage, whilc blaining SVAPO for the brea.kdown in the censefi re. At the sametitix, South Africa has unilaterally itite-reced the terin:- of the ceasefireprovIsions contained in Securliy Council Reolution 435.Wo want to put on -record that SIVAPO comrt 311t5 (lid niox ti the uilitaryconflicr on April 1. It. was rhe .Suuxth African ariaed forces which j'rovoked andtttacked our conbatants and alsu opened fire on Nanibian civiHouns uki tcrccelebrating thc bcginning of the ec'isefire and i'rlylicseitation of Nr.:ohtion 435, Itwais becausc of the hoavy offensive Iaurched by liei ceiwir thit SWAPV ordcredreinforcemn,ts for rhe~ omilahttled conmharinrs of'tbc. Poople's J.iborat.lonAriny of Nanibia. Tt is essenrin) to stross that sinec the lannching of the arisiodstruggle on AUgUS1 26, 190b, SIR conbitinat- have been Inside Naribia at alltime.s.lEyon South Africa has tck-not-ledgeti this fauct, Ilieftoi-c! wc viciv South Africa's allegation that SWAPO fighuters crosse~d the' hotder and vitmled theceasefire ajgreenent as 1 pretext by MPrtnriu to dlera ir he éWY8.WA.PO. f Nrniia.P.~~srtONv*rIsaOflO i. US 61 SCOnA 100Nm 1401K._...Y1O1 7, T*1.:(212) 557*2460inplcnrnting resolution 435.

PAGE 429 REPRODUCED BY THE NAMIBiACOM4MUNICA TIONS CENTRE-2Regrettably, the United Nations, some pad-ties to resolution 43S, and somemerbers of the press, have accepted South Africa's version of resolution 435 as itrelates to the confinemont to base of South African and SWAPO troops.Provisions clearly spelled ont in the original scttlcment plan ,'hich Js Included inyour press packet have been ignored.As you kiaow, on April 8, the SWAPO leadership deciddd to order all People'sLiberation Army of Nmibia (PLAN) forces inside Namibia to stop fighting,regroup and to report to their sqperiors in the People's Republic of Angola. 'Ibisdecision was taken to difuse the situation and to deny South Africa the pretext toabrogate the U.N. plan. Wo viewed this as our responsibility to our people and tohnlumity as a whole.Ihis past weekend an oeergency session was held by the Joint Coziunission whichwas created by the Protocol of. Brazzaville of 13 rfccenber 1988. The participantswhich inclisded Angola, Cuba ,nd South Africa, and the lnited States and theSoviet thion as observers, issued a declaration which, inter alia, endorsed thedecision of the S1APO leadership to withdraw sWAPO troops from Namibia.hbile SIVAPO accepts in principle the MoLun litjo IX-claration of the Joint

Commssion, nodifications are necessary if the intended ohjcctivos of thedeclaration ar to bc realized.Principally, the partics charged with iqilemontarion of the Mount Etjo Declarationmist involve SWPO juilitaqy comn zr.drs at all tithes in the

REPROD CFI.. .YTf.... NA IIA CfOM UIIAICATIAAr "JTDC DA A fVA3Awithdrawal process. Secondly, the scuritv of ouw cuiihtbwit:; 'll int be givenpriority consideration. Tirdly, SWAPO inn.t gain :assurances fl-oin the UnitedNations Transition Group (UN'AC), t het partics of the Mount h tjo lr.clarationand the South African administration in Namibia that all South African forcesand their auxiliaries will return to base to avoid clashes. Our peopeI must beallowed to proceed with their weapons to Angola where it is acknowledgedthat they will need aras for self defense against marituding IINITA hands.And finally, there must be firm gliarintocs for the securi/ty of the civilianpopulation in the war-affected areis. In the past few days our people have beensubjected to killings, intimidation and reprisals at the hands of the South Africanforces under the pretext of "flushing out" their homesteads of PIAN fighters.Reports :iled by our people on the ground, sensitive press and church sources tella story quite different from what. we have seen in most U.S. press reports over thepast week. 1.-tire fainilies in Ongediva have been forced from their villages in theso-called se:I-Ch ror PAN fighters. Grenades have been thron in houses andpeople who aftelpt to flee have been gunned dowii. Youths have been singled outfor attacks and accused of being PLAN cobatan ts, informers or couriers. lie havereceived reports that civilians victims killed during the recent attacks have bernhastily dressed in camouflage uiiifortmi similar to those used by PIANN anil puton display as warnings to people who help P AN or sq)port S11A1. Corpses arebeing left to deconpose in open fields and villagers, in some% instances, havebeen prevented front burying their relatives fearing that funcral services couldresult in reprisals against them.

PAGE 431 ~~REPRflAICUf Rv TMEN PPIRIA rnR AUI ~-AT-r-AlcrTr-4.We have stressed all those points to enphasize that SWAPO hasn made majorconsessions to ensure that the transitional process continues In a peaceful atnsphore. "lTis will only happen if the international coamvu1lty plays an-active role to ensure that the U.N. carries out its historic and sacred duty toenable the long suffering Nainibian people to finilly proceed to their freedom andindependence as scheduled."lhe onus is now on South Africa to reciprocate the good will gesture offered bySWAYO. We bolieve that will only happen if rhe international com ivAityexerts appropriate pressure an Sonth Africa rather thon collaborating with it,t4 ,, 4PAGE 431

REPRODUCED BY THE NlA 1AII CflMMrArTnA, r-ATrcIp%%Ir 4A14UN.TAG-t.I B I AStatus Report on UNTAG Military Component13 April 1989Total UWAG military personnel in Namibia as of 13 April: 1978.Breakdown by nationality:96 Australia23 Bangladesh 60 Canada 20 Czechoslovakia 132 Denmark 619 Finland21 India20 Irelard86 Italy 258 Kenya62 Malaysia20 Panama20 Pakistan19 Peru148 Poland 49 Spain 20 Sudan81 Switzerland25 Togo169 UK25 Yugoslavia1978 2UrALprsconf2N A MPRESS RELEASE

PAGE 433 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREIssued on 14 April 19894 UNTA-----GN A M I B I APRESSRELEASE EXTENSION OF THE PERIOD PROVIDED FOR THEWITHDRAWAL OF SWAPO FORCES FROM NAMIBIAISSUED JOINTLY BY THE OFFICES OF THE ADMINISTRATOR-GENERAL AND THE SPECIAL REPRESENTATIVEIN THEIR JOINT STATiET ISSUED ON 9 APRIL, THE ADMINISTRATOR-GENERALAND THE SPECIAL REPRESENTATIVE ANNOUNCED THAT THEY HADESTABLISHED PROCEDURES TO FACILITATE THE SAFE PASSAGE OFSWAPO ARMED PERSONNELFROM NAMIBIA TO ANGOLA. THESE WOULD BE CARRIED OUTUNDER UNTAG

SUPERVISION. TO BEGIN WITH, ASSEMBLY POINTS BECAMEOPERATIONAL AT NOON LOCAL TIME ON TUESDAY, 11 APRIL FORAN INITIAL PERIOD OF 10: DAYS. THE ASSDBLY POINTS WILLTHEREFORE REAMIN OPERATIONAL UNTIL 21 APRIL 1989,WHEN THE SITUATION WILL AGAIN BE REVIEWED.THE MOUNT ETJO DECLARATION SPECIFIED 15 APRIL 1989 AS THEDATE BYWHICH THE SPECIAL REPRESENTATIVE WOULD BE INFORMED BYSWAPO ABOUT THE CONCLUSION OF THE EMOVAL OF ITS FORCESFROM THE TERRITORY OF NAMIBIA.A PROLONGED STALEMATE IN THE AFFECTED AREAS IS IN NO ONE'SINTEREST. ISOLATED INCIDENTS HAVE UNFORTUNATELYOCCURRED SINCE THEDATE OF THE MOUNT ETJO DECLARATION WITH CASUALTIES ONBOTH SIDES.THIS IS TRAGIC GIVEN THE CONCERTED EFFORTS OF ALLPARTICIPANTS IN THE MOUNT ETJO NEGOTIATIONS TO BRINGHOSTILITIES TO AN END WITH THE LEASTPOSSIBLE DELAY.BEARING IN MIND THE NEED TO RESTORE FULL NORMALITY IN THEPROCESS OF IMPLEMENTING RESOLUTION 435, THEADMINISTRATOR-GENERAL AND THE SPECIAL REPRESENTATIVEEXPRESS THEIR EARNEST CONCERN THATTHE PRINCIPLES AND PROVISIONS OF MOUNT ETJO DECLARATIONBE FULLYCOMPLIED WITH BY ALL CONCERNED WITH THE LEAST POSSIBLEDELAY.Utnid Nations- ; - A....... ( ,-

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 434R.antoor ban bie 9bmni!trattur-0enrraaeffiE of tlje Mmini.4trator-Ot~tralNEWS RELEASE AG 4/1314 April 1989EMBARGO: 19h00EXTENSIO11 OF THE PERIOD PROVIDED FOR THEWITHDRAWAL OF SWAPO FORCES FROM NAMIBIAThe following statement was issued jointly by the offices of theAdmnistrator-General and the UN Special Representative:In their joint statementissued on 9 April, the AdministratorGeneral and the Special Representativeannounced that they hadestablished procedures to facilitate the safe passage of SWAPO armed personnelfrom Nami:bia to Angola. These would be carried out under UNTAG

supervision. To begin with, assembly points became operational at noon localtime on Tuesday, 11 April for aninitial period of 10 days. The assembly points will therefore remain operationaluntil 21 April 1989, when the situation willagain be reviewed.The Mount Etjo Declaration specified 15 April 1989 as the date by which theSpecial Representative would be informed by SWAPO about the conclusion ofthe removal of its forces from the territory ofNamibia.A prolonged stalemate in the affected areas is in no one'sinterest. Isolated incidents have unfortunately occurred sincethe date of the Mount Etjo Declaration with casualties on both sides. This istragic given the concerted efforts of all participants in the Mount Etjo negotiationsto bring hostilities toan end with the least possible delay.Bearing in mind the need to res'tore full normality in the process of implementingResolution 435, the Administrator-General and the Special Representative expresstheir earnest concern that the principles and provisions of the Mount EtjoDeclaration be fullycomplied with by all concerned with the least possible delay.Tel. (061) 36630 x 230Enquiries: G. Roux

PAGE 435 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE?aantoor ban bit Zbminiarateur-tnirmaIeffirt of tbe 2bminitrator- rntrlNews Release AG 4/1519 April 1989IMMEDIATEThe Administrator-General, Advocate Louis Pienaar, made the followingstatement at a Media Conference in Windhoek thisafternoon:ALLEGATIONS OF INTIMIDATION OR ASSAULTI have always taken all allegations of intimidation or assaultby political activists or members of the Security rorcesseriously. I have already said publicly that if we want toensure free and fair elections the scourge of intimidationand other unlawful actions should be eradicated.I wil not allow such actions to go unpunished and have earlier today had seriousdiscussions with the top command of both thePolice and the 'Defence Forces. They have assured me of theirco-operation.To give further effect to my determination to prevent all such unlawful andunacceptable conduct I have decided to appointimmediately a Permanent Commission of Investigation to examine all accusationsand allegations pertaining to such conduct. This Commission will be in

continuous session and will report its findings and recommendations to me on acontinuing basis.The Commission will be directed thoroughly to investigate the activities ofpolitical activists as well as members of the Police and Defence Forces in all casesof alleged or suspected misconduct.Members of the public will have access to the Commission to lay any complaints.Any violations of the law will result in procecutions.I have already appr.oached Advocate Bryan O'Linn S.C., of the Windhoek Bar toact as Chairman of the Commission. Practical arrangements will be discussedwith him without delay.I trust that I shall also have the co-operation of UTAG with regard to theproceedings of the Commission.Enquiries: G RouxTel 36630 x 230

RFPRflflIICFfl RV TUP AlA RRIRIA rAUUI 1M1fA TII~AIC frAITDCUNTAGN AM I B I APRESS APRIL 19 1989RELEASESTATEMENT BY A SPOKESMAN FOR THE SPECIALREPRESENTATIVE OF THE SECRETARY-GENERALIn view of allegations of assault and other misconduct brought to, UNTAG'Sattention in regard to reported incidents in the vicinity of the mission hospitalof Oshikuku, Mr. Ahtisaari has directed Commissioner Fanning to conduct animmediate police investigation. The report is now complete and currently on theway to Windhoek for Mr. Arnlsaarl"s immediate attention.mr. Ahtisaari is profoundly concerned over the many allegations ofintimidation, assault and other misconduct reported mainlyfrom the north. The Special Representative of theSecretary-General has communicated this to the AdministratorGeneral, whohas also expressed his concern over the situation.It is understood that the Administrator-General is already activelyinvestigating the situation with a view to dealing withit on a most urgent basis.rMI63 43a

RPPRflI3l)C~fl RY TI4~ AlA PiIIRIA COMDAUNICATIflAl~ CFNTREPAGE 438UNTAG OPENS UP POLICE MONITORING STATION IN KATUTURATODAY 20 APRIL 1989Police Commissioner Steven Fanning of UNTAG opened the first of fourty - twoUN police monitoring stations to be installed throughout the country by 10 May,accompanied by the force commander for Katutura, Superintendent Assin fromBangladesh, his Chief liason officer, and 20 Irish and Dutch officers includingtwo women police detectives from Ireland. Also present for the opening ceremony

was the Senior Deputy Commander of SWAPOL and some of his officers.Another 71 Swedish, Irish, and Dutch police monitors arrived in the north todayto open up district headquarters in Rundu, and Oshikati, as well as smallerregional offices in Ruacana, Ondangwa, Katima Mulilo, Opuwo, and Enhana.Commissioner Fanning addressed the gathering saying that their task is to monitorlaw enforcement conducted by the security forces of Namibia, and reiteratedthepoint that the maintainence of law and order is the sole responsibility ofSwapol. He assured the group that the monitors would act with completeimpartiality, and the monitoring stations would be open twenty - four hours a day,seven days a week for anyone who wishes to approach UNTAG police officers.PAGE 4IRRFPRnn1i1C I AY T14E NAMIMlA CMMI]NICA TIONS C&ENTRE

PAGE 439 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE. DEPARTMENT OF FOREIGN AFFAIRSDEPARTEMENT VAN tUITELANDSE SAKEPRESS RELEASEThe Minister of Foreign Affairs, Mr RF Botha, after consultation with the StatePresident stated that, following the extraordinary meeting of the JointCommission which was held at Ruacana on 20 April 1989, the South Africangovernment had decided that the security forces in SWA/Namibia would return tobase and remain there for a period of 60 hours starting at 18h00 on Wednesday,26 April 1989,to enable SWAPO infiltrators, to leave the Territory.South Africa gives the assurance that SWAPO. infiltrators will be allowedunhirdered return to Angola during theperiod in question.Mr Botha urged SWAPO leadership to call upon its members to avail themselvesof this opportunity to leave Namibiapeacefully.All available means will be used to ensure that thisannouncement will be made known as widely as possible.Mr Botha again reiterated South Africa's commitment to the process for apeaceful settlement in Southwestern Africa and said that the above measuresconfirmed thiscommitment.PRETORIA21 April 1989

REPRODUCED RYT ruN IdA LIRI A IMIrATInC r C f- 1 SDEPARTMENT OF FOREIGN AFFAIRS DEPARTEMENT VAN13UITELANDSE SAKE EMBARGO: 12h00 (LOCAL TIME)FRIDAY, 21 APRIL 1969JINT PRESS STATEMENT

Delegations of the Peoples' Republic of Angola, the Republic of Cuba and theRepublic of South Africa, at the request of the Peoples' Republic of Angola, metat SWAWEK, Namibia, on 20 April 1989 for a special session of the JointCommission created to oversee the fulfilment of the Tripartite Agreement signedby the three Governments in December 1988.Delegations of the Udion of Soviet Socialist Republics and the United States ofAmerica attended the meeting as observers.The Joint Commission examined the difficulties and practical problems that havearisen in the implementation of the plan "adopted at Mount Etjo to re-establish thesituation prevailing in Naminia on 3i marcn 191, In 'this regard the partiesreaffirmed their commitment to and Validity of the understandings attainedregarding the need for having all SWAPO forces returned to the territory of thePeoples' Republic of Angola north of the 16th parallel and the continuation of theprocess of implementation of Security Council Resolution 435.The parties exchanged views and proposals which will be examined by theirrespective governments. The delegations of the Peoples' Republic of Angola andthe Republic of Cuba will apprise the leadership of SWAPO of the decisionstaken ad referendum at the meeting.A dPm I RAdii

urtuifIf f l DV TU 1 l A IV'tVRJIIAt fl ErS~l w#, IA I ,'vJ% I TI AI;; * TD' D,I A. Akztoor ban bit 91btLitmtur-Oritran!olfict or upIsbminiator- rnormlMedia Release AG 4/17 24 April 1989IMMEDIATEVRAFT REGISTRATION OF VOTERS(CONSTITUENT ASSEMBLY) PROCLAMATION14r Kobus Sauermeester, Chief Executive Officer of the Office of theAdminiStrator-General, hereby announces that a draft proclamation on theregistration of voters is published in the Official Gazette today for generalinformation-and comment it view of the composition of a Constituent Assembly.Any comment or representations with regard to the draft procalmation must reachthe Secretary : Department of Civic Affairs ani Manpower, Private Bag 13200,Windhoek in writing not later thar 16 May 1959.copy of the Official Gazette-in question is attached.inquiries : S Eauermeester Tel : (061) 35873DA I .'1A ")

DAI%~ AA2 D~DDnniirrn DV TLJ~ AlA RAIDIAfAAAAAIIAIIrAThAIC rrRITDCOFFICIAL GAZETTEEXTRAORDINARY OF SOUTH WEST AFRICA BUITENGEWONEOFFISIELE KOERANTVAN SUIDWES-AFRIKAPUBLISHED BY AUTHORITY

UITGAWE OP GESAGR1.20 Monday 24 April 1989 WINDHOEK Maandag 24 April 1989No. 5703CONTENTS: INHOUD:Page BladsyGENERAL NOTICE ALGEMENE KENNISGEWINGNo. 58 Draft Registration of Voters (Constituent No. 58 Konsepproklamasie opdie Registrasie vanAssembly) Proclamation I Kiesers (GrondwetgewendeVergadering) IGeneral Notice Algemene KennisgewingDRAFT REGISTRATION OF VOTERS(CONSTITUENT ASSEMBLY)PROCLAMATIONNo. 58The following Draft Registration of Voters (Constituent Assembly) Proclamationis hereby published for general information and comment. Any comment orrepresentations thereanent should be lodged in writing and in duplicate, with theSecretary: Department of Civic Affairs and M2anpower, Private Bag 13200,Windhoek, 9000 or at Room 3, Ground Floor, Cohen Bulding, cor. Kaiser andCasino Streets, Windhoek, within 21 days from the date of publication of thisnotice.DRAFT PROCLAMATIONPROVISION FOR THE REGISTRATION OF VOTERS FOR THE PURPOSEOF AN ELECTION FOR A CONSTITUENT ASSEMBLY FOR THETERRITORY OF SOUTH WESTAFRICAKONSEPPROKLAMASIE OP DIEREGISTRASIE VAN KIESERS(GRONDWETGEWENDE VERGADERING)1989 .No. 58Die volgende Konsepproklamasie op die Registrasie van Kiesers(Grondwetgewende Vergadering) word hierby vir algemene inligting enkommentaar gepubliseer. Enige kommentaar of vertoe daaromtrent moet binne 21dae vanaf die datum van publikasie van hierdie kennisgewing skriftelik en induplikaat by die Sekretaris: Departement van Burgersake en Mannekrag,Privaatsak 13200, Windhoek, 9000, of Kamer 3, Grondvloer, Cohengebou, h/vKaiser- en Casinostraat, Windhoek, ingedien word.KONSEPPROKLAMASIEVOORSIENING VIR DIE REGISTRASIE VAN KIESERS VIR DIEDOELEINDES VAN 'N VERKIESING VIR 'N GRONDWETGEWENDEVERGADERING VIR DIE GEBIEDSUIDWES-AFRIKADACC AA2D 'DD"f*l iItO v TuG AI A 101I ' t""AI 111AI~frA 7"A#~CeCAIMDC

RDnn~lflrffl lYTJ-W AA RAArnAUJIM~rA7AC rrAITDCDAr-C AAAOfficial Gazette Extraordinary 24 April 1989No. 5703Woordomnskry wingsI. (I) in this Proclamation, unless the context indicates otherwise(i) "applicant" means a person who in termsof section 9(l) applies or applied for registration, as the context may require; (ii)(ii) "application" in relation to an applicantor a registered voter means the application form submitted and completed byhim in accordance with section 9(!); (i)(iii) "application form" means a form AGV.Ias set out in the Annexure; (iii)(iv) "chief registration officer" means thechief registration officer appointed interms of section 4(1); (ix)(v) "controller" means a controller of registration appointed in terms of section5(1);(xii)(vi) "district" includes a part of a district andin relation to a supervisor, registration officer or district officer for a particulardistrict and the magistrate of that district includes a part of another district if suchsupervisor, registration officer or district officer has been appointed also for suchpart; (v)(vii) "district officer" a district officer appointed in terms of section 5(3); (vi)(viii) "identity document" means an identitydocument issued in terms of section 3 of the Identification of Persons Act, 1979(Act 2 of 1979), and including any passport, reference book, certificate ofcitizenship or official document of identity issued by the government of theRepublic of South Africa or a temporary permit issued under section 38 of theAdmission of Persons to the Republic Regulation Act, 1972 (Act 59 of 1972); (x)(ix) "magistrate" includes an additional magistrate; (xiii)(x) "number", in relation to a registrationcard, means the distinctive serial number appearing in accordance with theprovisions of subsection (3) of this section on1. (I) In hierdie Proklamasie, tensy uit die samehang anders blyk beteken(i) "aansoek" met betrekking tot 'n aansoeker of 'n geregistreerde kieser dieaansockvorm wat volgens voorskrif van artikel 9(1) deur hom voorgelE en voltooiis;(ii)(ii) "aansoeker" iemand wat ingevolge artikel9(l) aansoek doen of aansoek gedoen het;na gelang die samehang vereis; (i)(iii) "aansoekvorm" 'n vorm AGV. I soos indie Aanhangsel vervat; (iii)

(iv) "bevoeg" met betrekking tot die registrasie van iemand bevoeg ingevolgeartikel 3 om as 'n kieser geregistreer te word; (ix)(v) "distrik" ook 'n gedeelte van 'n distrik enmet betrekking tot 'n opsiener registrasiebeampte of distriksbeampte vir 'nbepaalde distrik en die landdros van daardie distrik ook 'n gedeelte van 'n anderdistrik indien bedoelde opsiener, registrasiebeampte of distriksbeampte ook virdaardie gedeelte aangestel is; (vi)(vi) "distriksbeampte" 'n distriksbeampte ingevolge artikel 5(3) aangestel; (vii)(vii) "gebied" die gebied Suidwes-Afrika; (xix)(viii) "geregistreerde kieser" iemand wat ingevolge artikel 14 as 'n kiesergeregistreer is;(xiii)(ix) "hoofregistrasiebeampte" die hoofregistrasiebeampte ingevolge artikel 4(1)aangestel; (iv)(x) "identiteitsdokument" 'n identiteitsdokument ingevolge artikel 3 van die Wetop die Identifikasie van Persone, 1979 (Wet 2 van 1979), uitgereik en ook 'npaspoort, bewysboek, sertifikaat vir burgerskap of amptelike identiteitsdokumentwat uitgereik is deur die regering van die Republiek van Suid-Afrika of 'n tydelikepermit kragtens artikel 38 van die Wet op die Reeling van die Toelating vanPersone tot die Republiek, 1972 (Wet 59 van 1972), uitgereik; (viii)DefinitionsD A t' . I:: AlIANo. 5703

,vw~AI~ AA~Buitengewone Offisi~le Koerant 24 April 1989the registration form used for such registration card; (xiv)(xi) "qualified", in relation to the registrationof any person, means qualified in terms of section 3 to be registered as a voter;(iv)(xii) "register" means to register as a voter interms of section 14, and "registered" and "registration" have correspondingmeanings; (xx)(xiii) "registered voter" means a personregistered as a voter in terms of section 14;(viii)(xiv) "register of voters" means the duplicatesof registration cards kept by the chief registration officer in terms of section15(2); (xvi)(xv) "registration card", means the originalregistration form completed in respect of and issued to a registered voter in termsof section 14 or in terms of that section as applied by paragraph (a) of subsection(5) of section 24 or by that paragraph readwith section 22(6)(b)(ii); (xviii)

(xvi) "registration form" means a form AGV. 2 as set out in the Annexure andcomplying with the provisions of subsection (3) ofthis section; (xix)(xvii) "registration officer" means a person who is a registration officer by virtueof his office in terms of subsection (2) of section 6 or who holds an appointmentas a registration officer under subsection (4) ofthat section; (xvii)(xviii) "supervisor", in relation to a district,means the person who is the supervisor of registration for such district in terms ofsection 5(2); (xv)(xix) "territory" means the territory of South West Africa; (vii)(xx) "voter" means any person who will be entitled to vote as contemplated insection2(1). (xi)(2) In the Afrikaans text of this Proclamation "landdros" and any expressionincluding or derived from "landdros" shall be construed as(xi) "kieser" iemand wat geregtig sal wees omte stem, soos in artikel 2(1) beoog; (xx)(xii) "kontroleur" 'n kontroleur van registrasieingevolge artikel 5(1) aangestel; (v)(xiii) "landdros" ook 'n addisionele landdros;(ix)(xiv) "nommer", met betrekking tot 'n registrasiekaart, die onderskeidendereeksnommer wat volgens voorskrif van subartikel (3) van hierdie artikel op dieregistrasievorm verskyn wat vir daardie registrasiekaart gebruik is; (x)(xv) "opsiener" met betrekking tot 'n distrik,die persoon wat ingevolge artikel 5(2) die opsiener oor registrasie vir daardiedistrikis; (xviii)(xvi) "register van kiesers" die duplikate van registrasiekaarte, deur diehoofregistrasiebeampte ingevolge artikel 15(2) gehou;(xiv)(xvii) "registrasiebeampte" iemand wat ampshalwe 'n registrasiebeampte isingevolge subartikel (2) van artikel 6 of wat 'n aanstelling as 'n registrasiebeamptekragtens subartikel (4) van daardie artikel hou;(xvii)(xviii) "registrasiekaart" die oorspronklikeregistrasievorm wat ten opsigte van 'n geregistreerde kieser voltooi en aan homuitgereik is ingevolge artikel 14, of ingevolge daardie artikel soos toegepas deurparagraaf (a) van subartikel (5) van artikel 24 of daardie paragraaf gelees metartikel22(6)(b)(ii); (xv)(xix) "registrasievorm" 'n vorm AGV.2 soos in die Aanhangsel vervat en wat aandie bepalings van subartikel (3) van hierdieartikel voldoen; (xvi)

(xx) "registreer" om as kieser ingevolge artikel 14 te registreer, en het"geregistreerde" en "registrasie" ooreenstemmende betekenisse. (xii)(2) In hierdie Proklamasie word "landdros" en 'n uitdrukking war "landdros"insluit of daarvan afgelei is, uitgelE as 'n verwysing ook na onder-REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRENo. 5703PAGE 445

J' D0AflhI.rrn DV JC AIVrJVIAIiD r.n J¥15YlfJIV5-lA JIVJ t.CIV lnfr3I- qoOfficial Gazette Extraordinary 24 April 1989No. 5703including a reference to "magistraat" and the corresponding expression includingor derived from "magistraat", respectively.(3) Each registration form shall(a) bear a distinctive serial number, which mayinclude a letter or letters of the alphabet;and(b) consist of an original and a duplicate.Registration of voters to take place2. (1) A registration of persons who, by virtue of such registration and in terms ofand subject to the provisions of laws to be introduced, will be entitled to vote atan election for a constituent assembly for the territory, shall take place in theterritory during a period determined by the Administrator-General byproclamation in the Official Gazette.(2) The said period may be altered from time to time by the Administrator-General by similar proclamation, in respect of the territory or in respect of anydistrict in the territory.Qualifications for registration3. (1) Every person who is of or over the age of eighteen years or who will attainthat age during the period of registration determined in terms of section 2(1) or(2), and who(a) was born in the territory; or(b) is ordinarily resident in the territory andhas been so resident for a continuous period of not less than four yearsimmediately before the date of his application forregistration; or(c) is the natural child of a person referred toin paragraph (a),and is not subject to a disqualification mentioned in subsection (3), shall, oncompliance with the provisions of this Proclamation, be entitled to be registeredas a voter.(2) For the purposes of subsection (1) a person shall be regarded as beingordinarily resident in the territory if his home or the place where he normally livesand by which he returns regularly

skeidelik "magistraat" en die ooreenstemmerfde uitdrukking wat "magistraat"insluit of daarvan afgelei is.(3) Elke registrasievorm moet(a) 'n onderskeidende reeksnommer daarophe, wat 'n letter of letters van die alfabetkan insluit; en(b) uit 'n oorspronklike en 'n duplikaatbestaan.Registrasie van kiesers moet plaasvind2. (1) 'n Registrasie van persone wat uit hoofde van sodanige registrasie eningevolge en behoudens die bepalings van wette wat ingevoer word, geregtig salwees om by 'n verkiesing vir 'n grondwetgewende vergadering vir die gebied testem, vind in die gebied plaas gedurende 'n tydperk wat die Administrateur-generaal by proklamasie in die Offisile Koerant bepaal.(2) Genoemde tydperk kan van tyd tot tyd deur die Administrateur-generaal bydergelike proklamasie verander word ten opsigte van die gebied of ten opsigte vanenige distrik in die gebied.Bevoegdhede vir registrasie3. (1) Elke persoon wat agtien jaar oud of ouer is of wat daardie ouderdom salbereik te eniger tyd gedurende die tydperk van registrasie ingevolge artikel 2(1) of(2) bepaal, en wat(a) in die gebied gebore is; of(b) sy gewone verblyf in die gebied het en ditaldus gehad het vir 'n ononderbroke tydperk van minstens vier jaar' onmiddellikvoor die datum van sy aansoek omregistrasie; of(c) die natuurlike kind is van 'n persoon inparagraaf (a) bedoel,en nie aan 'n in subartikel (3) genoemde onbevoegdheid onderhewig is nie, is byvoldoening aan die bepalings van hierdie Proklamasie, geregtig om as kiesergeregistreer te word.(2) By die toepassing van subartikel (1) word beskou dat 'n persoon sy gewoneverblyf in die gebied het indien sy tuiste of die plek waar hy normaalweg woon enwaarnatoe hy gereeld na 'nA AR

Soo PAGE 447Buitengewone Offisidle Koerant 24 April 1989after any period of temporary absence, is in the territory.(3) No person shall be entitled to be registered as a voter if(a) he is subject to an order of a court declaring him to be of unsouind mind ormentallydisordered or defective; or(b) he is detained as a mentally ill personunder the provisions of any law.Chief registration officer

4., (1) The Administrator-General shall appoint a chief registration officer whoshall, subject to the control of the Administrator-General, be charged with theorganization and control of the registration of voters in terms of thisProclamation, and perform the other duties and functions assigned to him by thisProclamation.(2) The chief registration officer may take such step:; as he may think necessaryor desirable for the achievement of the objects of this Proclamation and to giveeffect to its provisions.Controllers, supervisors and district officers5. (I) (a) The chief registration officer mayappoint as many controllers of registrationfor the territory as he may think fit.(b)A controller shall perform the duties andfunctions assigned to him by the chief registration officer.(c)A controller may, if authorized thereto bythe chief registration officer, if the chief registration officer is absent or for anyother reason unable to perform the functions of his office, by theAdministratorGeneral, exercise any power conferred upon the chief registrationofficer by this Proclamation.(2) (a) The chief registration officer may appoint a supervisor of registration foranydistrict.(b) A supervisor shall subject to the control of the chief registration officerorganize and control the registration of voters in terms of this Proclamation in thedistrict forwhich he has been appointed.tydperk van tydelike afwesigheid terugkeer, in die gebied is.(3) Niemand is geregtig om as kieser geregistreer te word nie indien hy(a) onderworpe is aan 'n bevel van 'n hof wathom swaksinnig of geestelik gekrenk ofgebrekkig verklaar; of(b) kragtens die bepalings van die een of anderwet as 'n geestesongestelde persoon aangehou word.Hoofregistrasiebeampte4. (1) Die Administrateur-generaal stel 'n hoofregistrasiebeampte aan wat onderdie beheer van die Administrateur-generaal belas is met die organisasie en beheervan die registrasie van kiesers ingevolge hierdie Proklamasie en die ander pligteen werksaamhede verrig wat by hierdie Proklamasie aan horn opgedra is.(2) Die hoofregistrasiebeampte kan die stappe doen wat hy nodig of wenslik agvir die bereiking van die oogmerke van hierdie Proklamasie en om aan diebepalings daarvan gevolg te gee.Kontroleurs, opsieners en distriksbeamptes5. (1) (a) Die hoofregistrasiebeampte kansoveel kontroleurs van registrasie vir diegebied aanstel as wat hy goed ag.

(b)'n Kontroleur verrig die pligte en werksaamhede wat diehoofregistrasiebeampte aanhorn opdra.(c)'n Kontroleur kan, indien deur die hoofregistrasiebeampte of, as diehoofregistrasiebeampte afwesig is of om 'n ander rede nie die werksaamhede vansy amp kan verrig nie, deur die Administrateur-generaal daartoe gemagtig, enigebevoegdheid uitoefen wat by hierdie Proklamasie aan die hoofregistrasiebeampteverleen word.(2) (a) Die hoofregistrasiebeampte moet 'n opsiener oor registrasie vir 'n distrikaanstel.(b) 'n Opsiener moet onder die beheer van die hoofregistrasiebeampte dieregistrasie van kiesers ingevolge hierdie Proklamasie in die distrik waarvoor hyaangestel is, organiseeren beheer.REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRENo. 5703

P~PPflhI~fl ly U~ ?ARAJIA nAADAIIA~r~lf~Rc rrIT~ - .-....-.-. - . -.-, U ~W~J-V fULr Cu440qOfficial Gazette Extraordinary 24 April 1989(3) (a) The chief registration officer shallappoint a district officer for any district;(b) A district officer shall subject to the control of the chief registration officer inhis office in the district for which he has been appointed keep the applicationsof registered voters and perform the other duties and functions incidental theretoassigned to him in terms of this Proclamation.Registration officers6. (1) The registration of voters in any district shall be carried out by registrationofficers for such district: Provided that no registration shall be invalid for thereason that it was carried out outside the boundaries of a particular district by aregistration officer for that district.(2) Each controller shall be registration officer for every district in the territoryand a supervisor appointed under section 5(2)(a) shall be a registration officer forthe district for which he is the supervisor.(3) For each distrcit there shall be appointed as many registration officers inaddition to the registration officers referred to in subsection (2), as may in thecase of the district concerned be determined from time to time by the chiefregistration officer or, to the extent authorized by him, by any controller or thesupervisor for that district.(4) The appointment of a registration officer for a district may be made by thechief registration officer or any controller or the supervisor for such district or theleader of a team referred to in subsection (5) who is a registration officer for suchdistrict.(5) Where two or more registration officers operate as a team, the chiefregistration officer or any controller or the supervisor of the district concernedmay designate one of them as the leader of the team who shall, subject to the

control of the said supervisor, be responsible for the organization and control ofthe work of the team.Conditions of appointments7. (1) (a) Any person appointed under section4, 5 or 6(i) who is not in the full-time service ofthe State shall be entitled toNo. 5703(3) (a) Die Hoofregistrasiebeampte moet 'ndistriksbeampte vir 'n distrik aanstel.(b) 'n Distriksbeampte moet onder die beheervan die Hoofregistrasiebeampte in sy kantoor in die distrik waarvoor hy aangestelis, die aansoeke van geregistreerde kiesers hou en die ander pligte enwerksaamhede in verband daarmee verrig wat ingevolge hierdie Proklamasie aanhom opgedra word.Registrasiebeamptes6. (1) Die registrasie van kiesers in 'n distrik word uitgevoer deurregistrasiebeamptes vir darrdie distrik: Met dien verstande dat geen registrasieongeldig is omdat dit buite die grense van 'n bepaalde distrik deur 'nregistrasiebeampte vir daardie distrik uitgevoer is nie.(2) Elke kontroleur is 'n registrasiebeampte vir elke distrik in die gebied, en 'nopsiener kragtens artikel 5(2)(a) aangestel, is 'n registrasiebeampte vir die distrikwaarvoor hy die opsiener is.(3) Daar word vir elke distrik soveel registrasiebeamptes aangestel, benewens diein subartikel(2) bedoelde registrasiebeamptes, as wat in die geval van die betrokke distrik vantyd tot tyd deur die hoofregistrasiebeampte of, in die mate deur horn gemagtig,deur 'n kontroleur of die opsiener vir daardie distrik bepaal word.(4) Die aanstelling van 'n registrasiebeampte vir 'n distrik kan gedoen word deurdie hoofregistrasie beampte of enige kontroleur of die opsiener vir daardie distrikof die Icier van 'n span in subartikel (5) bedoel wat 'n registrasiebeampte virdaardie distrik is.(5) Waar twee of meer registrasiebeamptes as 'n span werk, kan diehoofregistrasiebeampte of enige kontroleur of die opsiener vir die betrokke distrikeen van hulle aanwys as die leier van die span wat onder die beheer van di6opsiener verantwoordelik is vir die organisasie en beheer van die werk van diespan.Voorwaardes van aanstellings7. (1) (a) lemand kragtens artikel 4, 5 of 6aangestel(i) wat nie in die heeltydse diens van dieStaat is nie, is geregtig op besoldi-flAir A A6

PAGE 449 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE

Buitengewone Offisifle Koerant 24 April 1989remuneration at a tariff determinedby the Administrator-General;(ii) shall, under circumstances so determined be entitled to the allowance orallowances so determined, at atariff or tariffs so determined.(b) Different tariffs and allowances may bedetermined under paragraph (a) in respect of the different offices provided for inthe said section, or in respect' of persons appointed to such offices who are in thefull-time service of the State and persons so appointed who are not in the full-timeservice of the State, or in respect of work done under different circumstances or indifferent areas.(c) In this subsection "State" shall include theAdministrator-General, the Government Service of the territory and any otherauthority determined by the Administrator-General.(d) The remuneration and any allowance paidto any person in terms of this subsection shall not be regarded as income for thepurpose of any law imposing a tax onincome.(2) The appointment of any person under a provision of section 4, 5 or 6 may bewithdrawn, without prior notice, by any authority empowered by the relevantprovision to make an appointment of the nature in question.(3) An appointment under section 4, 5 or 6 which is not in writing, shall beconfirmed in writing as soon as circumstances permit.Powers of registration officers8. (1) Any registration officer may, with the necessary staff, vehicles andequipment, enter upon any land on which there is or is suspected to be any personwho is qualified for registration, for the purpose of registering any such personwho may wish to apply for registration: Provided that a registration officer maynot enter upon any land or enter any building or structure on such land without thepermission of its owner or occupier, or of the person in control of such landbetween the hours 19h00 and 7h00.ging teen 'n tarief deur dieAdministrateur-generaal bepaal.(ii) is onder omstandighede aldusbepaal geregtig op die toelae of toelaes aldus bepaal teen die tarief oftariewe aldus bepaal.(b) Verskillende tariewe en toelaes kan kragtens paragraaf (a) bepaal word tenopsigte van die verskillende ampte waarvoor in genoemde artikels voorsieninggemaak word, of ten opsigte van persone in bedoelde ampte aangestel wat in dieheeltydse diens van die Staat is en persone aldus aangestel wat nie in dieheeltydse diens van die Staat is nie, of ten opsigte van werk wat onderverskillende omstandighede of in verskillende gebiede gedoenword.(c) In hierdie subartikel beteken "Staat" ook

die Administrateur-generaal, die Regeringsdiens van die gebied en enige anderowerheid deur die Administrateur-generaalbepaal.(d) Die besoldiging en 'n toelae wat kragtenshierdie subartikel aan iemand betaal word, word by die toepassing van enige wetwat 'n belasting op inkomste hef, nie asinkomste beskou nie.(2) Die aanstelling van iemand kragtens 'n bepaling van artikel 4, 5 of 6 kansonder kennisgewing vooraf deur enige owerheid ingetrek word wat deur diebetrokke bepaling gemagtig is om 'n aanstelling van die betrokke aard te doen.(3) 'n Aanstelling kragtens artikel 4, 5 of 6 wat nie in skrif is nie, moet skriftelikbevestig word sodra omstandighede dit toelaat.Bevoegdhede van registrasiebeamptes8. (1) 'n Registrasiebeampte kan met die nodige personeel, voertuie en toerustingenige grond waarop daar wel of na vermoede iemand is wat bevoeg is virregistrasie, betree ten einde so iemand wat moontlik om registrasie wil aansoekdoen, te registreer: Met dien verstande dat 'n registrasiebeampte nie enige grondof 'n gebou of bousel op sodanige grond sonder die toestemming van die eienaarof bewoner daarvan of van die persoon in beheer van sodanige grond tussen dieure 19h00 en 7h00 mag betree nie.No. 5703PAGE 449REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUICED BYV THE AAIRI IALAA xAurA Tlfj"-AAI~nflC A~flOfficial Gazette Extraordinary 24 April 1989(2) (a) The chief registration officer may bynotice in writing to any person who employs or accommodates on any land anypersons who are or may be qualified for registration, or to the person in charge ofany such persons employed or accommodated on such land, require that person tocause the persons so employed or accommodated to be assembled and to bepresent at a time specified in the notice, at a place on such land to be determinedby that person and notified. by him before a time and to a registration officer andin a manner so specified, to enable a registration officer to register any person soemployed or accommodated, or any other person, who may bequalified to apply for registration.(b) A notice under paragraph (a) may besigned on behalf of the chief registration officer by a controller or supervisorauthorized by the chief registration officer to doso.(3) A registration officer, in considering or deciding any matter in terms of thisProclamation, may consult any other registration officer or any other person whomay in the opinion of the registration officer be of any assistance.Application for registration

9. (1) A person who is or claims to be qualified for registration, shall, if he wishesto apply for registration(a) appear in person before a registrationofficer;(b) identify himself by means of an identitydocument or otherwise, to the reasonablesatisfaction of the registration officer;(c) in the case of any person referred to in paragraph (c) of subsection (1) ofsection 3, prove to the reasonable satisfaction of the registration officer that eitherone of his natural parents was born in the territory;(d) submit to the registration officer an application form duly filled in by theapplicantor by some person on his behalf;No. 5703(2) (a) Die hoofregistrasiebeampte kan byskriftelike kennisgewing aan iemand wat op enige grond persone in diens het ofhuisves wat vir registrasie bevoeg is of kan wees, of aan die persoon wat toesighet oor persone wat op bedoelde grond in diens is of gehuisves word, daardiepersoon aanse om die persone wat aldus in diens is of gehuisves word byeen telaat bring en om teenwoordig te wees op 'n tyd in die kennisgewing vermeld, op 'nplek op bedoelde grond wat deur daardie persoon bepaal moet word en deur homvoor 'n tydstip en aan 'n registrasiebeampte en op 'n wyse aldus vermeld,meegedeel moet word, ten einde 'n registrasiebeampte in staat te stel om iemandwat aldus in diens is of gehuisyes word, of 'n ander persoon, wat bevoeg magwees om aansoek om registrasie tedoen, te registreer.(b) 'n Kennisgewing kragtens paragraaf (a) kannamens die hoofregistrasiebeampte geteken word deur 'n kontroleur of opsienerwat deur die hoofregistrasiebeampte daartoe gemagtig is.(3) 'n Registrasiebeampte kan by die oorweging of beslissing van 'naangeleentheid ingevolge hierdie Proklamasie, enige ander registrasiebeampte ofiemand anders wat na die oordeel van die registrasiebeampte tot hulp kan wees,raadpleeg.Aansoek om registrasie9. (1) lemand wat bevoeg is vir registrasie of daarop aanspraak maak dat hy is,moet, indien hy aansoek om registrasie wil doen(a) persoonlik voor 'n registrasiebeampte verskyn;(b) homself deur middel van 'n identiteitsdokument, of andersins, tot die redelikebevrediging van die registrasiebeampte, identifiseer;(c) in die geval van 'n persoon in paragraaf (c)van subartikel (1) van artikel 3 bedoel, tot redelike bevrediging van dieregistrasiebeampte bewys dat enige een van synatuurlike ouers in die gebied gebore is;(d) 'n aansoekvorm wat deur die aansoeker of deur iemand ten behoewe van hom-ingevulis, aan die registrasiebeampte voorl;

DAf -C A N

PAM:~ 4r-1PffI~nfVTJ dAARAr IACAI1I rIDBuitengewone Offisiële Koerant 24 April 1989(e) when required by the registration officer todo so, affirm orally the declaration which appears on the application form andwhich is required to be made by the applicant;and(f) in the presence of the registration officerand in accordance with his instructions(i) sign the application form; or(ii) if he cannot write his name, place hisleft thumb print or such other fingerprint or fingerprints or a mark, as theregistration officer may require in terms of subsection (3), on the application formin the presence of the registration officer.(2) An applicant who would otherwise be required to place his left thumb print onthe application form, shall(a) if in the opinion of the registration officerit is not possible, due to a physical disability of the applicant to obtain a leftthumbprint of the applicant; or(b) if in the opinon of the registration officerit is for any reason not possible to obtain a clear left thumb print of the applicant,place on the application form, in the presence of and in accordance with theinstructions of the registration officer, an imprint(i) of the fingers of his left hand excludingthe thumb; or(ii) of his right thumb, if the circumstances ofparagraph (a) or (b) in relation to his left thumb print apply also in relation to theimprint of the fingers of his left hand; or(iii) of the fingers of his right hand excludingthe thumb, if the said circumstances apply also in relation to his right thumb print,and, if, because of a physical disability of the applicant none of the said imprintscan be obtained, he shall, in the presence and in accordance with the instructionsof the registration officer place on the application form such mark(e) wanneer die registrasiebeampte hom daartoe aansé, die verklaring wat op dieaansoekvorm verskyn en deur die aansoeker gedoen moet word, mondelingsbevestig;en(f) in die teenwoordigheid van die registrasiebeampte en volgens sy voorskrifte(i) die aansoekvorm teken; of(ii) indien hy nie sy naam kan skryf nie, sylinkerduimafdruk of die ander vingerafdruk of vingerafdrukke of 'n merk, navereiste van die registrasiebeampte ingevolge subartikel (3), op die aansoekvormplaas in die teenwoordigheidvan die registrasiebeampte.

(2) 'n Aansoeker wat andersins sy linkerduimafdruk op die aansoekvorm soum.oes plaas, moet(a) indien, na die oordeel van die registrasiebeampte, dit weens 'n fisiese gebrekvan die aansoeker nie moontlik is om 'n linkerduimafdruk van die aansoeker teverkrynie; of(b) indien, na die oordeel van die registrasiebeampte, dit om die een of ander redenie moontlik is om 'n duidelike linkerduimafdruk van die aansoeker te verkry nie;op die aansoekvorm in die teenwoordigheid en volgens die voorskrifte van dieregistrasiebeampte, 'n afdruk plaas(i) van die vingers van sy linkerhand uitgesonderd die duim; of(ii) van sy regterduim, indien die omstandighede van paragraaf (a) of (b) metbetrekking tot sy linkerduimafdruk ook met betrekking tot die afdruk van dievingersvan sy linkerhand van toepassing is; of(iii) van die vingers van sy regterhand uitgesonderd die duim, indien genoemdeomstandighede ook met betrekking tot syregterduimafdruk van toepassing is,en, indien geeneen van genoemde afdrukke weens 'n fisiese gebrek van dieaansoeker verkry kan word nie, moet hy in die teenwoordigheid en volgens dievoorskrifte van die registrasiebeampte, op die aansoekvorm 'n merk plaas wat hyin staatNo. 5703DA F.I:: A l

DDDn A I rCf A DV M A IAA A A 11. IV #AtltlVIfl YrJIlVflJIV^Y..-l 5SIMVJ i l-1 t rMJ" ',JLOfficial Gazette Extraordinary 24 April 1989as he may be able to make: Provided that, where any of the foregoing provisionsof this subsection is applied, the registration officer shall make a suitable note onthe application form in accordance with the instructions issued by the chiefregistration officer.(3) The registration officer shall(a) explain to the applicant the contents of theapplication form and declaration referred to in subsection (l)(d) and (e),respectively;and(b) require the applicant to affirm orally thedeclaration referred to in subsection (1)(e);and(c) if the applicant so affirms the said declaration and even if the application formalready bears a signature, fingerprint or mark purporting to be that of theapjalicant, require the applicant(i) to sign the application form in thepresence of the registration officer; or(ii) if the applicant cannot write his name

to place his left thumb print or as the circumstances may require the other fingerprints or fingerprint or a mark prescribed by subsection (2) on the applicationform in the presence of theregistration officer; and(d) if the applicant complies with the registration officer's requirement underparagraph (b), sign the application form in the space provided for that purpose andwith the official stamp indicate the date and the district for which he is aregistration officeron that form.(4) A registration officer may(a) fill in an application form on behalf of anyapplicant and in accordance with the information furnished by him;(b) require any applicant to furnish such explanation, information or furtherparticulars as may be necessary to establish the correctness of the particularsentered or to be entered on the relevant application form;No. 5703is om te maak: Met dien verstande dat waar die een of ander van die voorafgaandebepalings van hierdie subartikel toegepas word die registrasiebeampte 'n gepasteaantekening op die aansoekvorm moet maak ooreenkomstig die voorskrifte watdeur die hoofregistrasiebeampte uitgereik is.(3) Die registrasiebeampte moet(a) die inhoud van die in subartikel (l)(d) en(e) bedoelde aansoekvorm en verklaring, onderskeidelik, aan die aansoekerverduidelik; en(b) die aansoeker aans om die in subartikel(l)(e) bedoelde verklaring mondelings tebevestig; en(c) indien die aansoeker genoemde verklaringaldus bevestig en selfs al verskyn daar op die aansoekvorm reeds 'n handtekening,vingerafdruk of merk wat heet die van dieaansoeker te wees die aansoeker aans8(i) om die aansoekvorm in die teenwoordigheid van die registrasiebeampte teteken; of(ii) indien die aansoeker nie sy naam kanskryf nie, om sy linkerduimafdruk of, na vereiste van omstandighede, die andervingerafdrukke of vingerafdruk of 'n merk wat by subartikel (2) voorgeskryfword, in die teenwoordigheid van die registrasiebeampte op die aansoekvorm teplaas; en(d) indien die aansoeker aan die voorskrif vandie registrasiebeampte ingevolge paragraaf (b) voldoen, die aansoekvorm in diespasie daarvoor voorsien, teken, en die datum en die distrik waarvoor hy 'nregistrasiebeampte is, met die amptelike stempel opdie aansoekvorm aandui.(4) 'n Registrasiebeampte kan(a) 'n aansoekvorm ten behoewe van 'n aansoeker en ooreenkomstig die inligtingdeur

hom verstrek, invul;(b) van 'n aansoeker vereis dat hy die verduideliking, inligting of verderebesonderhede verstrek wat nodig is om die juistheid van die besonderhede wat opdie betrokke aansoekvorm aangegee is of aangegee staan teword, vas te stel;r A f'l AI %

So~flAI~ A~2Buitengewone Offisiele Koerant 24 April 1989(c) on behalf of any applicant, and beforesuch applicant complies with the relevant requirement made under subsection(3)(b), correct any entry on such form which requires correction in the light ofsuch explanation, information or further particulars: Provided that any suchcorrection shall be authenticated by the signature of the applciant, or, if theapplicant cannot write his name, by the signature of theregistration officer.Rejection of uncompleted application form10. A registration officer shall reject an application form if the applicant fails tocomply with any provision of section 9(1) or (2).Refusal to register applicant11. (1) A registration officer may, after considering an application duly made interms of section 9, refuse to register the applicant(a) if the registration officer is not satisfiedthat the applicant, on the strength of his application, is qualified for registration;or(b) if, although the applicant would on thestrength of his application be so qualified, the registration officer is for any reasonof the opinion that any information set out in the application or any fact averred inthe declaration made by the applicant in the application is false and that theapplicant would not be so qualified if the true information had been so set out orthe true facthad been so averred.(2) If a registration officer refuses under subsection (1) to register an applicant, heshall(a) record the refusal and the reason for it, thedate of the refusal and the district for which he has been appointed on theapplication form, and sign the record; and(b) return the application form to the applicant and inform him that he may appealagainst the refusal to the magistrate of the said district within 21 days after thesaid date and in the manner prescribed by section 12.(c) ten behoewe van 'n aansoeker, en voordatdi6 aansoeker voldoen aan die betrokke voorskrif ingevolge subartikel (3)(b)gegee, enige inskrywing op bedoelde vorm verbeter wat verbeter moet word indie lig van sodanige verduideliking, inligting of verdere besonderhede: Met dienverstande dat so 'n verbetering gestaaf moet word deur die handtekening van die

aansoeker of, as die aansoeker nie sy naam kan skryf nie, deur die handtekeningvan die registrasiebeampte.Verwerping van onvoltooide aansoekvorm10. 'n Registrasiebeampte moet 'n aansoekvorm verwerp indien die aansoekerversuim om aan die een of ander bepaling van artikel 9(1) of(2) te voldoen.Weiering om aansoeker te registreer11. (1) 'n Registrasiebeampte kan, nadat hy 'n aansoek oorweeg het wat na behoreingevolge artikel 9 gedoen is, weier om die aansoeker te registreer(a) indien die registrasiebeampte nie oortuig isdat die aansoeker op grond van sy aansoekvir registrasie bevoeg is nie; of(b) indien, alhoewel die aansoeker op grondvan sy aansoek aldus bevoeg sou wees, die registrasiebeampte om die een ofander rede van mening is dat inligting in die aansock vervat of 'n feit wat beweerword in die verklaring deur die aansoek in die aansock gedoen, vals is en dat dieaansoeker nie aldus bevoeg sou wees indien die juiste inligting aldus vervat of dieware feit aldusbeweer was nie.(2) Indien 'n registrasiebeampte kragtens subartikel (1) weier om 'n aansoeker teregistreer, moet hy(a) die weiering en die rede daarvoor, diedatum van die weiering en die distrik waarvoor hy aangestel is, op dieaansoekvorm aanteken en die aantekening onderteken;en(b) die aansoekvorm aan die aansoeker teruggee en hom meedeel dat hy na dielanddros van genoemde distrik teen die weiering kan appelleer binne 21 dae nagenoemde datum en op die wyse by artikel 12 voorgeskryf.DCDDr% lnIr fl V L"1T AlA AAIDIA fn 11AAIIlAl1A1AIC fEAI'rDCNo. 5703r Q

OrnD~nnhrrn DV TucAlA A.IDA fAAAiArATfAier ,rT DAr-aAErAOfficial Gazette Extraordinary 24 April 1989No. 5703Appeal against refusal to register12. (1) Any person whose application for registration has been refused undersection 11 may, within the period of 21 days after the date of the refusal and in themanner prescribed by subsection (3) of this section, appeal against such refusal tothe magistrate of the district recorded on the application form in terms of sectionll(2)(a) by the registration officer: Provided that the said magistrate, at hisdiscretion and for good cause shown, may in any particular case allow the personconcerned to appeal in the manner aforesaid after the lapse of the said period buton or before a date fixed by the magistrate.(2) (a) The said magistrate may fix such times

as he may think fit for the hearing of appeals under subsection (1) at his office orat any other place or places determined by him, and shall cause the times so fixedand the other place or places so determined to be made known in such manner ashe may think best calculated to bring them to thenotice of interested persons.(b) If the magistrate has not fixed any times ordetermined any other place under paragraph (a), any appeal under subsection (1)shall be heard at his office, at a time fixed by him at the request of the person whowishes to appeal.(c) The provisions of paragraphs (a) and (b)shall not prohibit the magistrate from hearing an appeal at any place or timedetermined by him and communicated to the person who wishes to appeal, or atany place where both the magistrate and thatperson are at any time.(3) At a time and place determined in accordance with the provisions ofsubsection (2), the person who wishes to appeal (hereinafter called the appellant),shall(a) appear in person before the magistrate;(b) submit his application, returned to him interms of section ll(2)(b), to the magistrate;(c) state the grounds on which he appealsagainst the refusal of his application; andAppdl teen weiering om le registreer12. (1) lemand wie se aansoek om registrasie kragtens artikel 11 geweier is, kanbinne die tydperk van 21 dae na die datum van die weiering, en op die wyse insubartikel (3) van hierdie artikel voorgeskryf, teen sodanige weiering appelleer nadie landdros van die distrik wat ingevolge artikel l1(2)(a) op die aansoekvormaangeteken is deur die registrasiebeampte: Met dien verstande dat genoemdelanddros, na goeddunke en indien goeie gronde aangevoer word, in 'n bepaaldegeval die betrokke persoon kan toelaat om op die voornoemde wyse te appelleerna verstryking van genoemde tydperk maar op of voor 'n datum deur die landdrosvasgestel.(2) (a) Genoemde landdros kan die tye wat hygoed ag, vasstel vir die verhoor van app~lle kragtens subartikel (1) by sy kantoorof op die ander plek of plekke deur hom bepaal, en moet die tye aldus vasgestelen die ander plek of plekke aldus bepaal op die wyse bekend laat maak wat na syoordeel die beste daarop bereken is om dit onder dieaandag van belanghebbendes te bring.(b) Indien die landdros nie kragtens paragraaf(a) tye vasgestel of 'n ander plek bepaal het nie, word 'n appl kragtens subartikel(1) by sy kantoor verhoor op 'n tyd wat deur hom vasgestel is op versoek van diepersoon watwil appelleer.(c) Die bepalings van paragrawe (a) en (b)

belet nie die landdros om 'n appgl op enige pick en tyd wat deur hom bepaal is enwat aan die persoon wat wil appelleer, meegedeel is, of op enige plek waar soweldie landdros as daardie persoon te eniger tydis, te verhoor nie.(3) Op 'n tyd en plek volgens voorskrif van subartikel (2) bepaal, moet diepersoon wat wil appelleer (hieronder die appellant genoem)(a) persoonlik voor die landdros verskyn;(b) die aansoekvorm wat ingevolge artikelll(2)(b) aan hom teruggegee is, aan dielanddros voorl8;(c) die gronde vermeld waarop hy teen dieweiering van sy aansoek appelleer; enDA . I:: A 4r

PAGE 45ERDCDB5TENMBACMUNcTOSCNRBuitengewone Offisitle Koerant 24 April 1989(d) adduce such proof and make such statements he may wish to be considered insupport of his appeal.(4) (a) Subject to the provisions of subsection(3), the hearing of the appeal may be conducted by the magistrate in such manneras in his opinion is best calculated to enable him to arrive at a just decision in thematter.(b) Without derogating from the generality of the provisions of paragraph (a), themagistrate may(i) call any person who is present toappear before him and require or allow such person to give such oral evidence orproduce such other proof as in the opinion of the magistrate may assist him indeciding the matter;(ii) administer an oath or affirmation toany person appearing before him;(iii) examine or allow the examination ofany person so appearing;(iv) postpone the hearing at any stage ofthe proceedings to a day determinedby him.(5) The magistrate shall keep a record of the proceedings and such record shall beattached to and form part of the relevant application form.Decision of appeal13. (1) A magistrate may allow an appeal heard by him under section 12, or maydismiss such appeal, and may also dismiss it if the appellant fails to appear beforehim on the day determined under subsection (4)(b)(iv) of that section.(2) The magistrate shall record his decision under subsection (I) on the relevantapplication form.(3) If the magistrate dismisses the appeal, he shall keep the application form at asuitable place in his office.

(4) If the magistrate allows the appeal, he shall(d) die bewyse aanvoer en die verklarings doen wat hy verlang ter stawing van syapploorweeg moet word.(4) (a) Behoudens die bepalings van subartikel(3), kan die landdros die verhoor van die app~l op die wyse behartig wat na syoordeel die beste daarop bereken is om hom in staat te stel om tot 'n regverdigebeslissingin die saak te geraak.(b) Sonder om afbreuk te doen aan die algemeenheid van die bepalings vanparagraaf(a), kan die landdros(i) enigiemand wat teenwoordig is,oproep om voor horn te verskyn en daardie persoon aans of toelaat om diemondelinge getuienis te lewer of die ander bewys voor te 1 wat na die landdros seoordeel hom tot hulp kan wees met die beslissing van die saak;(ii) iemand wat voor hom verskyn 'n eedople of 'n bevestiging afneem;(iii) iemand wat aldus verskyn, ondervraof toelaat dat hy ondervra word;(iv) die verhoor in enige stadium van dieverrigtinge uitstel tot 'n dag deur hornbepaal.(5) Die landdros moet aantekeninge hou van die verrigtinge en sodanigeaantekeninge word geheg aan en maak deel uit van die betrokke aansoekvorm.Beslissing van appil13. (1) Die landdros kan 'n appal wat kragtens artikel 12 deur horn verhoor is,handhaaf of sodanige app~l verwerp, en kan dit verwerp ook as die appellantversuim om voor horn te verskyn op die dag wat kragtens subartikel (4)(b)(iv) vandaardie artikel bepaal is.(2) Die landdros moet sy beslissing kragtens subartikel (1) op die betrokkeaansoekvorm aanteken.(3) Indien die landdros die app6l verwerp, moet hy die aansoekvorms op 'ngeskikte plek in sy kantoor hou.(4) Indien die landdros die app~l handhaaf,No. 5703REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

-) ' REPRO2DUCED BY THE NAMIBIA COMMUNICATION5 CENTREOfficial Gazette Extraordinary 24 April 1989forthwith refer the appellant to a registration officer, and cause the application tobe submittedto the registration officer concerned.Registration of applicant14. (1) If a registration officer for a district does not under section 11 refuse toregister an applicant, or if the applicant is a person referred to the registration

officer by the magistrate of such district under section 13(4), the registrationofficer shall register the applicant by(a) filling in a registration form in respect ofthe applicant in accordance with the information contained in his applicationform;(b) requiring the applicant(i) to sign the form so filled in, in thespace provided for that purpose; or(ii) if the applicant cannot write his name,to place his left thumb print or, as the case may be, the other fingerprints orfingerprint or a mark placed by the applicant on the application form inaccordance with the provisions of section 9(l)(f)(ii), on the registration form in thespace provided for that purpose or in accordance with the instructionsof the registration officer;(c) if the applicant has complied with the provisions of paragraph (b), signing thatform in the space provided for that purpose and recording the date of registrationand the district for which he is a registration officeron that form with the official stamp.(2) The registration officer shall(a) enter the number of the registration card socompleted in the space provided for thatpurpose on the application form; and(b) after so entering that number, issue theoriginal of that registration card to theapplicant.(3) If the applicant is a person who has been referred to the registration officer bythe magistrate under section 13(4), the registration officer shall comply with theprovisions of subsectionsmoet hy onverwyld die appellant na 'n registrasiebeampte verwys, en die aansoekaan die betrokkeregistrasiebeampte laat voorl8.Registrasie van aansoeker14. (1) Indien 'n registrasiebeampte vir 'n distrik nie kragtens artikel 11 weier om'n aansoeker te registreer nie, of indien die aansoeker iemand is wat ingevolgeartikel 13(4) deur die landdros van daardie distrik na die registrasiebeampteverwys is, moet die registrasiebeampte die aansoekerregistreer deur(a) 'n registrasievorm ten opsigte van die aansoeker in te vul ooreenkomstig dieinligtingin sy aansoekvorm vervat;(b) die aansoeker aan te se(i) om die aldus ingevulde vorm in diespasie wat daarvoor voorsien is, teteken; of(ii) indien die aansoeker nie sy naam kan

skryf nie, om sy linkerduimafdruk of, na gelang van die geval, die andervingerafdrukke of vingerafdruk of 'n merk wat hy volgens voorskrif van artikel9(1)(f)(ii) op die aansoekvorm geplaas het, op die registrasievorm te plaas in diespasie wat daarvoor voorsien is of volgens voorskrif van dieregistrasiebeampte;(c) indien die aansoeker aan die bepalings vanparagraaf (b) voldoen het, daardie vorm in die spasie wat daarvoor voorsien is, teteken en die datum van die registrasie en die distrik waarvoor hy aangestel is opdaardie vorm aan te dui met die amptelikestempel.(2) Die registrasiebeampte moet(a) die nommer van die aldus voltooideregistrasiekaart op die aansoek inskryf indie spasie wat daarvoor voorsien is; en(b) nadat hy daardie nommer aldus ingeskryfhet, die oorspronklike van daardie registrasiekaart aan die aansoeker uitreik.(3) Indien die aansoeker iemand is wat deur die landdros kragtens artikel 13(4) nadie registrasiebeampte verwys is, moet die registrasiebeampte aan die bepalingsvan subartikels (1) enREPRDUCD B TH NA1B CMMUICAION CETREPAGE 456No. 5703No. 5703

PAGE 457 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREBuitengewone Offisiele Koerant 24 April 1989(1) and (2) of this section even if he is not the registration officer who has refusedthe application in the first place.Forwarding of documents and register of voters15. (1) The application form submitted by a registered voter shall, as soon aspossible after his registration in terms of section 14, be forwarded to the districtofficer of the district recorded by the registration officer on that application formin terms of section 9(3)(d).(2) The duplicate of the registration card issued to a registered voter in terms ofsection 14(2)(b), shall as soon as possible be forwarded to the chief registrationofficer and shall be kept by him in a safe place.(3) The chief registration officer may, if he deems it necessary, compile from theduplicates referred to in subsection (2) from time to time a list of voters in themanner he thinks fit and place the said list at the disposal of any person againstthe payment of any charges (if any) determined by him and in the manner, thetime and place determined by him.Application of registered voter to lie for inspection16. The district officer referred to in subsection (1) of section 15 shall(a) upon receiving an application form forwarded to him as prescribed by thatsubsection, cause the date of receipt to be stamped on it with his office datestamp;

(b) keep the application form available for inspection under paragraph (c) at asuitable place in his office during the period of 21 days after the date referred to inparagraph(a);(c) allow any registered voter, subject to such supervision as the district officerthinks necessary, to inspect the application form during normal office hourswithin the saidperiod;(d) remove the application at the conclusion ofthe said period from the place where it is kept-in-terms of paragraph (b) and,subject to the provisions of section 17, keep it atsome other safe place in his office.(2) van hierdie artikel voldoen al is hy nie die registrasiebeampte wat die aansoekin die eerste plek geweier het nie.Aanstuur van stukke en register van kiesers15. (1) Die aansoekvorm wat deur 'n geregistreerde kieser voorgel8 is, moet sogou doenlik na sy registrasie ingevolge artikel 14 gestuur word aan diedistriksbeampte van die distrik wat deur die registrasiebeampte ingevolge artikel9(3)(d) op daardie aansoekvorm aangedui is.(2) Die duplikaat van die registrasiekaart ingevolge artikel 14(2)(b) aan 'ngeregistreerde kieser uitgereik, moet so gou doenlik aan diehoofregistrasiebeampte gestuur word, en moet deur hom op 'n veilige pick gehouword.(3) Die hoofregistrasiebeampte kan indien hy dit nodig ag vanaf die in subartikel(2) bedoelde duplikate van tyd tot tyd 'n lys van kiesers saamstel op die wyse wathy goeddunk en bedoelde lys beskikbaar stel aan enige persoon teen betaling vanenige gelde (indien enige) wat hy bepaal en op die wyse, die tyd en plek wat hybepaal.Aansoek van geregistreerde kieser moet ter insae16. Die distriksbeampte in subartikel (1) van artikel 15 bedoel, moet(a) by ontvangs van 'n aansoekvorm wat volgens voorskrif van daardie subartikelaan horn gestuur is, die datum van die ontvangs daarop laat stempel met sykantoordatumstempel;(b) die aansoekvorm op 'n geskikte plek in sy kantoor ter insae kragtens paragraaf(c) beskikbaar hou gedurende die tydperk van 21 dae na die datum in paragraaf(a)bedoel;(c) enige geregistreerde kieser toelaat om, onder die toesig wat diedistriksbeampte nodig ag, die aansoekvorm in te sien gedurende die normalekantoorure binnegenoemde tydperk;(d) die aansoek aan die einde van genoemde tydperk verwyder van die plek waardit ingevolge paragraaf (b) gehou word en, behoudens die bepalings van artikel17, dit op 'n ander veilige plek in sy kantoor hou.No. 5703PAGE 457

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUICED BY~ TI4O MA"IRIA rlA.EAIA-rA'c rA1trDrDAiE- AiZQOfficial Gazette Extraordinary 24 April 1989No. 5703Objection to retention of name on register of voters17. (1) Any registered voter may, during any time at which an application form isavailable for inspection under paragraph (c) of section 16 but not later than 15h00on the last day of the period prescribed by paragraph (b) of that section, lodgewith the district officer in whose office the application form is so available, inaccordance with the provisions of subsection (3) of this section, a notice inwriting and complying with the provisions of subsection (2) of this section(hereinafter called the notice of objection), in which such registered voter(hereinafter called the objector) objects to the retention on the register of voters ofthe name of the registered voter to whom the application form relates (hereinaftercalled the respondent).(2) The notice of objection shall(a) be in duplicate;(b) be addressed to the respondent;(c) state the name of the respondent, every address of the respondent appearing onhis application form, and the number of hisregistration card;(d) state the name of the objector, his residential address, his business oremployment or postal address, and the number of his registration card;(e) state in full the grounds for the objection, including facts which, if true, wouldestablish that the respondent was not at the time of his registration, and is not atthe time ofthe objection, qualified for registration;(f) be supported and accompanied, in respect of every fact referred to in paragraph(e),by(i) a sworn statement in duplicate as to thetruth of that fact, made by the person who alleges it and who would be able totestify about it at the hearing of theobjection; or(ii) if that fact is to be proved by theproduction of any document (includ-Beswaar teen behoud van naam op register van kiesers17. (1) Enige geregistreerde kieser kan te eniger tyd terwyl 'n aansoekvorm terinsae kragtens paragraaf (c) van artikel 16 beskikbaar is, maar nie later nie as15h00 op die laaste dag van die tydperk by paragraaf (b) An daardie artikelvoorgeskryf, by die distriksbeampte in wie se kantoor die aansoekvorm aldusbeskikbaar is, volgens voorskrif van subartikel (3) van hierdie artikel 'n skriftelikekennisgewing wat aan die bepalings van subartikel (2) van hierdie artikel voldoen(hieronder die kennisgewing van beswaar genoem), indien waarin bedoelde

geregistreerde kieser (hieronder die beswaarmaker genoem) beswaar maak teendie behoud op die register van kiesers van die naam van die geregistreerde kieserop wie die aansoekvorm betrekking het (hieronder die respondent genoem).(2) Die kennisgewing van beswaar moet(a) in duplikaat wees;(b) aan die respondent gerig wees;(c) die naam van die respondent, elke adresvan die respondent wat op sy aansoekvorm verskyn, en die nommer van syregistrasiekaart, vermeld;(d) die naam van die beswaarmaker, sy woonadres sy besigheids- of werks- ofposadres, en die nommer van sy registrasiekaart vermeld;(e) die gronde vir die beswaar volledig vermeld, met in begrip van feite wat,indien juis, sal bewys dat die respondent ten tyde van sy registrasie nie bevoegwas vir registrasie nie en dit ten tyde van die beswaar nie is nie;(f) ten opsigte van elke feit in paragraaf (e) bedoel, gestaaf word deur en vergeselgaanvan(i) 'n be~digde verklaring in tweevoudaangaande die juistheid van daardie feit, afgel8 deur die persoon wat dit beweeren wat in staat sal wees om by die verhoor van die beswaar daaroor tegetuig; of(ii) indien daardie feit deur die voorleggingvan 'n dokument (met inbegrip van 'no^r.: A :Q

PA 5IQBuitengewone Offisifle Koerant 24 April 1989ing an affidavit that would on production in any proceedings before a magistrate'scourt be admissible as proof of any matter), two copies of such document certifiedas true copies by the person who would be able to produceit at the hearing of the objection.(3) The objector shall in person lodge the notice of objection with the districtofficer, and shall at the same time produce his registration card to the districtofficer who shall immediately submit the objection to the magistrate of the districtfor which he is a district officer.(4) The magistrate shall, when the notice of objection is so submitted to him(a) stamp the date on it with his office datestamp, and make a suitable endorsement on it to indicate the time of the lodgingand the fact that the objector's registration cardhas been produced to him;(b) fix a day and time for the hearing of theobjection at his office, which day shall be a day not later than seven days after thedate referred to in paragraph (a);(c) make a suitable endorsement on the noticeof objection to indicate that the objection will be heard at his office on the day andat the time fixed in terms of paragraph (b);

(d) return one copy of the notice of objection,duly stamped and endorsed as aforesaid, together with one copy of any swornstatement or other document lodged with that notice, to the objector and at thesame time bring the provisions of section 18 to hisnotice;(e) make a suitable endorsement on the application form relating to therespondent, to indicate that the objection has been lodged and the date and timefixed for the hearingof the objection.(5) In this section "magistrate" includes any member of a magistrate's staff or adistrict officer authorized by him to act in his place.beedigde verklaring wat by voorlegging in verrigtinge voor 'n landdroshoftoelaatbaar sal wees as bewys van enige aangeleentheid) bewys gaan word, tweeafskrifte van sodanige dokument wat as juiste afskrifte gesertifiseer is deur diepersoon wat in staat sal wees om dit by die verhoor van die beswaar voor te1e.(3) Die beswaarmaker moet persoonlik die kennisgewing van beswaar by diedistriksbeampte indien, en moet terselfdertyd sy registrasiekaart aan diedistriksbeampte voorle wat die beswaar en registrasiekaart onmiddellik aan dielanddros van die distrik waarvoor hy 'n distriksbeampte is voorle.(4) Die landdros moet, wanneer die kennisgewing van beswaar aldus aan hornvoorgel word(a) die datum met sy kantoordatumstempeldaarop stempel, en 'n gepaste endossement daarop aanbring om die tyd van dieindiening en die feit dat die beswaarmaker se registrasiekaart aan hom voorgel is,aan tedui;(b) 'n dag en tyd vasstel vir die verhoor van diebeswaar by sy kantoor, welke dag 'n dag nie later nie as sewe dae na die inparagraaf (a)bedoelde datum moet wees;(c) 'n gepaste endossement op die kennisgewing van beswaar aanbring om aan tedui dat die beswaar by sy kantoor verhoor sal word op die dag en tyd ingevolgeparagraaf(b) vasgestel;(d) een afskrif van die kennisgewing van beswaar, behoorlik gestempel enge~ndosseer soos voornoemd, tesame met een afskrif van enige beedigdeverklaring of ander stuk wat met daardie kennisgewing ingedien is, aan diebeswaarmaker teruggee en terselfdertyd die bepalings van artikel 18onder sy aandag bring;(e) 'n gepaste endossement aanbring op dieaansoekvorm wat op die respondent betrekking het, om die feit dat die beswaaringedien is en die dag en tyd vir die verhoordaarvan vasgestel, aan te dui.(5) In hierdie artikel beteken "landdros" ook 'n lid van die personeel van 'nlanddros of 'n distriksbeampte wat deur horn gemagtig is om in sy plek op te tree.

0'.' TUC AlA AAIDIA rr~RJAIIIAIIrATIrAIC rCAITDCNo. 5703PAGE 459 DCDPnn"rrf% OV YUC AIA 101A I'A""I1A11rA'r1fA1C rX YDC

REPROlAICIfl R BYT NM IB PIRIA CO UNICAI rJWrA PTRE DAr-AcfOfficial Gazette Extraordinary 24 April 1989No. 5703Service of notice of objection18. (1) The objector shall(a) serve the copy of the notice of objectionreturned to him in terms of section 17(4)(d), including the copies of any swornstatement and other documents so returned to him, on the respondent byhanding it to him or tendering it to him or by causing it to be handed or tenderedtohim;(b) inform the respondent that, if he wishes tooppose the objection, he shall have to appear at the magistrate's office on the dateand at the time fixed for the hearing, and that he is in any event required toproduce his registration card to the magistrate.(2) If the respondent cannot after appropriate enquiry and search be found, theobjector may take such steps as he may think best calculated to bring theobjection and the time, day and place fixed for its hearing to the notice of therespondent.(3) The objector shall lodge or cause to be lodged with the magistrate or amember of his staff or a district officer authorized under section 17(5), not laterthan the time fixed for the hearing of the objection, a return of service in the formof a sworn statement indicating the steps taken to comply with the provisions ofthis section.Hearing of objection19. (1) The objector and the respondent shall, subject to the provisions of thissection and section 20, appear before the magistrate at the time fixed for thehearing of the objection or as soon thereafter as the magistrate is able to hear thematter.(2) (a) Subject to the provisions of paragraph(b), the magistrate may conduct the hearing of the objection in such manner as inhis opinion is best calculated to enable himto arrive at a just decision in the matter.(b) The magistrate shall afford the objector and the respondent, if he is present, anopportunity to adduce such proof, includ-Bestelling van kennisgewing van beswaar18. (1) Die beswaarmaker moet(a) die afskrif van die kennisgewing van beswaar wat ingevolge artikel 17(4)(d)aan hom teruggegee is, met inbegrip van die afskrifte van beddigde verklarings en

ander stukke aldus aan hom teruggegee, aan die respondent bestel deur dit aanhom te oorhandig of aan te bied of aan hom te laatoorhandig of aanbied;(b) die respondent meedeel dat, indien hy diebeswaar wil bestry, hy by die landdroskantoor moet verskyn op die dag en tyd watvir die verhoor vasgestel is, en dat hy in elk geval sy registrasiekaart aan dielanddrosmoet voorl8.(2) Indien die respondent na gepaste navraag en soek nie gevind kan word nie,kan die beswaarmaker die stappe doen wat na sy oordeel die beste daarop berekenis om die beswaar en die tyd, dag en plek wat vir die verhoor daarvan vasgestel is,onder sy aandag te bring.(3) Die beswaarmaker moet nie later nie as die tydstip wat vir die verhoor van diebeswaar vasgestel is, 'n relaas van bestelling in die vorm van 'n beddigdeverklaring waarin die stappe aangedui word wat gedoen is om aan die bepalingsvan hierdie artikel te voldoen, by die landdros of 'n lid van sy personeel ofdistriksbeampte wat kragtens artikel 17(5) gemagtig is, indien of laat indien.Verhoor van beswaar19. (1) Die beswaarmaker en die respondent moet, behoudens die bepalings vanhierdie artikel en artikel 20, voor die landdros verskyn op die tydstip wat vir dieverhoor van die beswaar vasgestel is of so gou daarna as wat hy die saak kanaanhoor.(2) (a) Behoudens die bepalings van paragraaf(b), kan die landdros die verhoor van die beswaar op die wyse behartig wat na syoordeel die beste daarop bereken is om hom in staat te stel om tot 'n regverdigebeslissing in die saak te geraak.(b) Die landdros moet aan die beswaarmakeren die respondent, as hy teenwoordig is, 'n geleentheid gee om die bewys aan tevoer,DA I . I:: AAN

ThAI~ AC4 rnni-%ruirr DV TLIC AA 10#DAdfrAA"1AIMrATIAAICr(ATDCrp%%3L "l, I~nJfJ.L uMV, nv~untfVIW .~Buitengewone Offisiele Koerant 24 April 1989ing the oral evidence of any person who is present, or make such statement as inthe opinion of the magistrate may assist in thedecision of the matter.(c) Without derogating from the generality ofthe provisions of paragraph (a), the magistrate may(i) require the objector to call as a witnessany person who made a sworn statement referred to in subparagraph (i) ofparagraph (f) of section 17(2) or in section 18(3), or to cause the original of adocument referred to in subparagraph (ii) of the said paragraph (f) tobe produced;(ii) call upon any person who is present to

appear before him and require or allow such person to give such oral evidence orproduce such other proof as in the opinion of the magistrate may assist in thedecision of thematter;(iii) administer an oath or affirmation toany person appearing before him;(iv) subject to the provisions of subsection(3), postpone the hearing at any stage of the proceedings to a date fixed by him toenable the objector or the respondent to produce such proof of any matter as themagistrate mayrequire.(3) Subject to the provisions of subsection (4), the magistrate shall not postponethe hearing for a period longer than three days.(4) (a) If the respondent does not appear or isnot present at any stage of the proceedings, and the magistrate is of the opinionthat the objection is prima facie well-founded, he may, subject to the provisions ofsection20(2), postpone the hearing sine die.(b) The magistrate may at any time after thehearing was postponed sine die, hear the objection further at the request of theobjector or the respondent.(c) If the respondent appears at such furtherhearing the magistrate shall read or causemet inbegrip van die mondelinge getuienis van enigiemand wat teenwoordig is, ofdie verklaring te doen wat na die landdros se oordeel tot hulp kan wees met diebeslissing van die saak.(c) Sonder om afbreuk te doen aan die algemeenheid van die bepalings vanparagraaf(a), kan die landdros(i) die beswaarmaker aansE om iemandwat 'n beedigde verklaring in subparagraaf (i) van paragraaf (f) van artikel 17(2)of in artikel 18(3) bedoel, afgelE het, as getuie te roep, of om die oorspronklikevan 'n stuk in subparagraaf (ii) van genoemde paragraaf (f)bedoel, voor te l;(ii) enigiemand wat teenwoordig is,oproep om voor horn te verskyn en daardie persoon aansE of toelaat om diemondelinge getuienis te lewer of die ander bewys voor te lR wat na die landdrosse oordeel tot hulp kan weesmet die beslissing van die saak;(iii) iemand wat voor hom verskyn 'n eedoplE of 'n bevestiging afniem;(iv) behoudens die bepaings van subartikel (3), die verhoor in enige stadium vandie verrigtinge uitstel na 'n datum deur horn bepaal, ten einde die beswaarmakerof die respondent in staat te stel om die bewys van enige aangeleentheid wat dielanddros vereis, voorte 18.

(3) Behoudens die bepalings van subartikel(4), stel die landdros nie die verhoor vir 'n langer tydperk as drie dae uit nie.(4) (a) Indien die respondent in geen stadiumvan die verrigtinge verskyn of teenwoordig is nie, en die landdros van mening isdat die beswaar prima facie gegrond is, kan hy, behoudens die bepalings vanartikel 20(2),die verhoor sine die uitstel.(b) Die landdros kan te eniger tyd nadat dieverhoor sine die uitgestel is, die beswaar op versoek van die beswaarmaker of dierespondent verder verhoor.(c) Indien die respondent by sodanige verhoorverskyn, moet die landdros die aantekeningNo. 5703BA E' At'4

VVPRnnlh~rflflyTIW AlA AARI rn "MAIA rAInAId rC)ITPr ~~F4;Official Gazette Extraordinary 24 April 1989No. 5703to be read to him the record of the proceedings at any previous hearing and, afteraffording him such an opportunity as is contemplated in subsection (2)(b) andtaking such other steps as the magistrate considers necessary for a just decision inthe matter, deal with the objection in terms of section 20, whether or not theobjector is present or had notice of such furtherhearing.(5) The magistrate shall keep a record of the proceedings under this section, andsuch record shall be attached to and form part of the application form relating tothe respondent.Decision of objection20. (1) A magistrate may allow an objection heard by him under section 19, ormay dismiss such objection.(2) The magistrate may allow an objection in the absence of the respondent if heis satisfied that the objection is well-founded and is in addition satisfied(a) that the respondent does not wish tooppose the objection; or(b) if the respondent appeared before him atsome stage of the proceedings but fails to appear at a subsequent stage, that thereis no reason to suspect that his failure is dueto circumstances beyond his control; or(c) even if the respondent did not appearbefore him at any stage of the proceedings,that(i) the notice of objection was served onthe respondent in the manner prescribed by section 18(l)(a); or(ii.) the respondent evaded service of thenotice of objection; or(iii) the respondent knows of the objection,

and that there is no reason to suspect that the respondent is prevented from soappearing by circumstances beyond his control.van die verrigtinge by 'n vorige verhoor aan horn voorlees of laat voorlees en,nadat hy aan hom 'n geleentheid soos in subartikel (2)(b) beoog, gegee het en dieander stappe gedoen het wat die landdros vir 'n regverdige beslissing in die saaknodig ag, met die beswaar ingevolge artikel 20 handel, ongeag of diebeswaarmaker teenwoordig is of kennis van sodanige verdere verhoor gekry het,of nie.(5) Die landdros moet 'n aantekening van die verrigtinge ingevolge hierdie artikelhou, en sodanige aantekening word geheg aan en maak deel uit van dieaansoekvorm wat op die respondent betrekking het.Beslissing van beswaar20. (1) 'n Landdros kan 'n beswaar wat kragtens artikel 19 deur horn verhoor is,handhaaf of sodanige beswaar verwerp.(2) Die landdros kan 'n beswaar in die afwesigheid van die respondent handhaafindien hy oortuig is dat die beswaar gegrond is en daarbenewens oortuig is(a) dat die respondent nie die beswaar wilbestry nie; of(b) indien die respondent in die een of anderstadium van die verrigtinge voor horn verskyn het maar versuim om by 'n laterestadium te verskyn, dat daar geen rede is om te vermoed dat sy versuim aanomstandighede buite sy beheer te wyte is nie; of(c) selfs al het die respondent in geen stadiumvan die verrigtinge voor horn verskyn nie,dat(i) die kennisgewing van beswaar aan dierespondent bestel is volgens voorskrifvan artikel 18(l)(a); of(ii) die respondent bestelling van die kennisgewing van beswaar ontduik het; of(iii) die respondent van die beswaar weet,en dat daar geen rede is om te vermoed dat die respondent deur omstandighedebuite sy beheer verhinder word om aldus te verskyn nie.PA I: Ai;:)

PAGvE 6 D vnrI-"nIrCn. V LI AiA A "80IIDUA , RIIArIATIICIJrAIVIrBuitengewone Offisile Koerant 24 April 1989(3) The magistrate may dismiss the objection also(a) if the objector fails to appear before him atthe time fixed under section 17(4)(b) for the hearing of the objection, and has notnotified the magistrate in writing of the reason for his failure or such reason is inthe opinion of the magistrate not attributable to circumstances beyond theobjector'scontrol; or(b) if the objector fails to appear before him atthe time fixed under section 19(2)(c)(iv) for

a further hearing of the objection; or(c) if the objector fails to comply with arequirement of the magistrate under section 19(l)(c)(i); or(d) if the objector withdraws or abandons theobjection.(4) The magistrate shall record his decision under this section on the applicationform relating to the respondent.(5) Subject to the provisions of section 22, the decision of a magistrate under thissection shall be final.Effect of allowing an objection21. If an objection has been allowed under section 20, and a request for thesubmission of a statement of the case is not made under subsection (1) of section22 within three days after the date on which the objection was allowed, or if somade, is refused in terms of paragraph (b) of that subsection, the registration ofthe respondent shall cease to be of force and effect and the registration card issuedto him shall cease to be valid, subject, however, to the provisions of section22(6)(b).Statement of case for decision by judge22. (1) (a) The magistrate who under section13 dismissed the appeal of an appellant or under section 20 allowed an objectionagainst a respondent shall, at the request of the appellant or the respondent madein writing, and subject to the provisions of paragraph (b), transmit a statement ofthe case to the Registrar of the Supreme Court(3) Die landdros kan die beswaar verwerp ook(a) indien die beswaarmaker versuim om opdie tyd kragtens artikel 17(4)(b) vir die verhoor van die beswaar vasgestel, voorhom te verskyn en die landdros nie skriftelik in kennis gestel het van die rede virsy versuim nie, of bedoelde rede na die landdros se mening nie aanomstandighede buite die beswaarmaker se beheer toe te skryf is nie;of(b) indien die beswaarmaker versuim om opdie tyd kragtens artikel 19(2)(c)(iv) vir 'n verdere verhoor van die beswaarvasgestel,voor hom te verskyn; of(c) indien die beswaarmaker versuim om tevoldoen aan 'n voorskrif van die landdroskragtens artikel 19(2)(c)(i); of(d) indien die beswaarmaker die beswaarterugtrek of laat vaar.(4) Die landdros moet sy beslissing kragtens hierdie artikel aanteken op dieaansoekvorm wat op die respondent betrekking het.(5) Behoudens die bepalings van artikel 22, is die beslissing van 'n landdroskragtens hierdie artikel afdoende.Uitwerking van handhawing van beswaar21. Indien 'n beswaar kragtens artikel 20 gehandhaaf is en 'n versoek dat 'ngestelde saak voorgelE word nie binne drie dae na die datum waarop die beswaar

gehandhaaf is, kragtens subartikel (I) van artikel 22 gedoen word nie of, indienaldus gedoen, kragtens paragraaf (b) van daardie subartikel geweier word, hou dieregistrasie van die respondent op om regskrag te h8 en hou die registrasiekaartwat aan hom uitgereik is op om geldig te wees, maar behoudens die bepalings vanartikel 22(6)(b).Gestelde saak vir beslissing deur regter22. (1) (a) Die landdros wat kragtens artikel13 die appil van 'n appellant verwerp het of kragtens artikel 20 'n beswaar teen 'nrespondent gehandhaaf het, moet op skriftelike versoek van die appellant of dierespondent, en behoudens die bepalings van paragraaf (b), 'n gestelde saak aan dieGriffier van die Hooggeregshof vanNo. 5703PA I:: .g

1{) AREPRODUCED BY THE NAMIBIA COMMUNICATIoAI~ CFAITRFOfficial Gazette Extraordinary 24 April 1989of South West Africa for submission tojudge of that court in chambers.(b) The magistrate shall refuse a request madeby the appellant, or if the respondent was present when the objection was allowed,by the respondent unless it is received by the magistrate within three days afterthe date on which the appeal was dismissed or the objection was allowed, as thecase may be, and shall in any event refuse a request made by the respondentunless it is accompanied by his registration card or his registration card has beensurrendered or seizedunder section 23.(2) The statement of the case shall include a clear indication of the magistrate'sdecision in the relevant appeal or objection, as the case may be, and shall besigned by the magistrate and by the appellant or the respondent, as the case maybe.(3) The judge to whom the statement of the case is submitted may, if thestatement of the case appears to him to be defective, call for further information,and may confirm or set aside the decision of the magistrate.(4) There shall be no appeal against a decision of the court under subsection (3).(5) The said Registrar shall forward two certified copies of the decision of thecourt to the magistrate who transmitted the statement of the case, and one copy tothe chief registration officer.(6) A decision of the court under subsection(3) setting aside the decision of the magistrate shall, for the purposes of thisProclamation(a) where the magistrate had, by the decisionso set aside, dismissed an appeal under section 13, be deemed to be a decision ofthe magistrate allowing such appeal under thatsection;

(b) where the magistrate had, by the decisionso set aside, allowed an objection undersection 20, be deemed to be(i) if the registration card issued to therespondent has not yet been cancelled, a decision of the magistrate under thatSuidwes-Afrika stuur vir voorlegging aan'n regter van daardie hof in kamers.(b) Die landdros weier 'n versoek deur dieappellant of, indien die respondent teenwoordig was toe die beswaar gehandhaafis, deur die respondent gedoen tensy dit deur die landdros ontvang word binnedrie dae na die datum waarop die appdl verwerp is of die beswaar gehandhaaf is,na gelang van die geval, en weier in ieder geval 'n versoek deur die respondentgedoen tensy dit vergesel gaan van sy registrasiekaart of sy registrasiekaartkragtens artikel23 oorgegee of in beslag geneem is.(2) Die gestelde saak moet 'n duidelike aanduiding bevat van die landdros sebeslissing in die betrokke appdl of beswaar, na gelang van die geval, en moet deurdie landdros en deur die appellant of die respondent, na gelang van die geval,onderteken word.(3) Die regter aan wie die gestelde saak voorgele word kan, indien hy meen datdie gestelde saak gebrekkig is, nadere inligting aanvra, en kan die beslissing vandie landdros bekragtig of ter syde stel.(4) Daar is geen reg van app6l teen die beslissing van die hof kragtens subartikel(3) nie.(5) Genoemde Griffier stuur twee gewaarmerkte afskrifte van die beslissing vandie hof aan die landdros wat die gestelde saak aangestuur het, en een afskrif aandie hoofregistrasiebeampte.(6) 'n Beslissing van die hof kragtens subartikel (3) waarby die beslissing van dielanddros tersyde gestel word, word, by die toepassing van hierdie Proklamasie(a) waar die landdros deur die aldus tersydegestelde beslissing 'n app~l kragtensartikel 13 verwerp het, geag 'n beslissing van die landdros te wees waarbybedoelde app~l kragtens daardie artikel gehandhaaf word;(b) waar die landdros deur die aldus tersydegestelde beslissing 'n beswaarkragtens artikel 20 gehandhaaf het, geag te wees(i) indien die registrasiekaart aan dierespondent uitgereik nog nie gekanselleer is nie, 'n beslissing van die land-IA(F M4::ANo. 5703PAM: 494REPRODUCED BY THF NA MiRIA CC) IMCATIONS CENTRE

PAGE 465 REPRODCICED BY THE NAMIBIACOMMUNICATIONS CENTREBuitengewone Offisiele Koerant 24 April 1989section dismissing such objection;(ii) if the said registration card has already

been cancelled, a decision of the registration officer under section 24 granting anapplication for the replacement of a registration card lost or destroyed.Cancellation of registration card invalidated by magistrate's allowing objection23. (1) If an objection has been lodged in terms of section 17 against the retentionof the name of a person on the register of voters, such person shall, unless theobjection has been dismissed under section 20 at any time, surrender hisregistration card to the magistrate to whom the objection was submitted or to anyother magistrate or to any registration officer or to any member of a police forceestablished by law (hereinafter called a police officer)(a) if at any time it comes to such person'sknowledge that the objection has been so lodged or has been allowed undersection20; or(b) if ordered to do so by the said magistrate orsuch other magistrate or such registrationofficer or police officer.(2) If such person fails to comply with an order made in terms of subsection(1)(b), the magistrate, registration officer or police officer who made the ordermay without a warrant seize the registration card in question or cause it to be soseized.(3) The magistrate, registration officer or police officer to whom the registrationcard is surrendered or who seizes it or causes it to be seized under this sectionshall, if, in the case of a magistrate, he is not the magistrate to whom the objectionwas submitted, forward the registration card without delay to that magistrate or, ifthe objection was allowed by him, to him or to the chief registration officer.(4) If the registration card referred to in subsection (1) is in the possession of themagistrate to whom the objection was submitted, or comes into his possession atany time, he shall -dros waarby bedoelde beswaar kragtens daardie artikel verwerp word;(ii) indien genoemde registrasiekaart reedsgekanselleer is, 'n beslissing van die registrasiebeampte kragtens artikel 24waarby 'n aansoek om die vervanging van 'n verlore of vernietigde registrasiekaarttoegestaan word.Kansellering van registrasiekaart wat deur landdros se handhawing vanbeswaar ongeldig geinaak is23. (1) Indien 'n beswaar kragtens artikel 17 teen die behoud van die naam vaniemand op die register van kiesers ingedien is, moet daardie persoon, tensy diebeswaar te eniger tyd kragtens artikel 20 verwerp is, sy registrasiekaart oorgeeaan die landdros aan wie die beswaar voorgel8 is of aan 'n ander landdros of aan'n registrasiebeampte of aan 'n lid van 'n by wet ingestelde polisiemag (hieronder'n polisiebeampte genoem)(a) indien dit te eniger tyd tot daardie persoonse kennis kom dat die beswaar aldus ingedien is of. kragtens artikel 20gehandhaafis; of

(b) indien daartoe beveel deur genoemde landdros of bedoelde ander landdros ofbedoelde registrasiebeampte of polisiebeampte.(2) Indien daardie persoon versuim om aan 'n bevel kragtens subartikel (1)(b)uitgereik, te voldoen, kan die landdros, registrasiebeampte of polisiebeampte watdie bevel uitgereik het, die betrokke registrasiekaart sonder 'n lasbrief in beslagneem of in beslag laat neem.(3) Die landdros, registrasiebeampte of polisiebeampte aan wie 'n registrasiekaartoorgegee word of wat dit in beslag neem of in beslag laat neem kragtens hierdieartikel moet, indien, in die geval van 'n landdros, hy nie die landdros is aan wiedie beswaar voorgele is nie, die registrasiekaart sonder versuim aan daardielanddros of, indien hy die beswaar gehandhaaf het, aan horn of aan diehoofregistrasiebeampte stuur.(4) Indien die registrasiekaart in subartikel (1) bedoel in die besit van die landdrosis aan wie die beswaar voorgel8 is, of te eniger tyd in sy besit kom, moet hy -No. 5703PAGE 465REPRODOCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE~PG 624 Official Gazette Extraordinary 24 April 1989 No. 5703(a) if he dismisses the objection, return that registration card to the registeredvoterconcerned; or(b) if he allows the objection and that registration card ceases in terms of section21 to be valid, cancel that registration card, endorse the relevant application tothat effect, and forward the cancelled registration card tothe chief registration officer.(5) The chief registration officer shall cancel every registration card which interms of section 21 ceased to be valid if such registration card comes into hispossession at any time and has not already been cancelled in terms of subsection(4)(b) of this section, unless the magistrate's decision as a result of which suchregistration card ceased to be valid has been set aside under section 22(3).Replacement of registration card24. (1) A person who is registered as a voter and whose registration card has beenlost, destroyed or has for any reason become illegible, may apply to the districtofficer in whose office the application form relating to the registration of suchperson as a voter (hereinafter referred to as the registration application) is kept,that a registration card be issued to him in the place of the lost, destroyed orillegible registration card.(2) (a) Such person shall appear before aregistration officer and submit to him a sworn statement in which shall be statedthe available particulars of the lost, destroyed or illegible registration card and theissuing thereof, and full particulars of all the facts and circumstances relating toits loss or destruction or its becomingillegible.

(b) The registration officer shall cause suchassistance to be given to a person who cannot write, as may be necessary toenablehim to submit such sworn statement.(c) If the application is made by reason of theillegibility of the registration card, the registration officer shall not consider itunless the registration card is submitted tohim together with the sworn statement.(a) indien hy die beswaar vbrwerp, daardie registrasiekaart aan die betrokkegeregistreerde kieser teruggee; of(b) indien hy die beswaar handhaaf en daardie registrasiekaart ingevolge artikel21 ophou om geldig te wees, daardie registrasiekaart kanselleer, die betrokkeaansoek dienooreenkomstig endosseer, en die gekanselleerde registrasiekaart aandie hoofregistrasiebeampte stuur.(5) Die hoofregistrasiebeampte moet elke registrasiekaart wat ingevolge artikel21 opgehou het om geldig te wees, kanselleer indien dit te eniger tyd in sy besitkom en nie reeds ingevolge subartikel (4)(b) van hierdie artikel gekanselleer isnie, tensy die landdros se beslissing as gevolg waarvan daardie registrasiekaartongeldig geword het, kragtens artikel 22(3) ter syde gestel is.Vervanging van registrasiekaart24. (1) lemand wat as kieser geregistreer is en wie se registrasiekaart verlore ofvernietig is of om die een of ander rede onleesbaar geword het, kan by diedistriksbeampte in wie se kantoor die aansoekvorm gehou word wat op daardiepersoon se registrasie as kieser betrekking het (hieronder die registrasie-aansoekgenoem), aansoek doen dat 'n registrasiekaart aan hom uitgereik word in die pickvan die verlore, vernietigde of onleesbare registrasiekaart.(2) (a) Bedoelde persoon moet voor 'nregistrasiebeampte verskyn en aan hom 'n beddigde verklaring voorle waarin diebeskikbare besonderhede van die verlore, vernietigde of onleesbareregistrasiekaart en die uitreiking daarvan, en voile besonderhede van al die feiteen omstandighede wat op die verlies of vernietiging of onleesbaarwordingdaarvan betrekking het, vermeldword.(b) Die registrasiebeampte laat aan iemandwat nie kan skryf nie, die bystand verleen wat nodig is om hom in staat te stel ombedoelde beddigde verklaring voor te 1.(c) Indien die aansoek op grond van dieonleesbaarheid van die registrasiekaart gedoen word, oorweeg dieregistrasiebeampte dit nie tensy die registrasiekaart tesame met die beddigdeverklaring aanhom voorgel word.PAGE 466

A 4C7PAGE 467i ,r~n W TL, AlI/, A I I lIuA TlIAl r.AVIIrDCDD r 1 RV Tf.J AIA Ili A #-^"I A TlflIlJ fV I'CAI

Buitengewone Offisiele Koerant 24 April 1989(3) (a) The registration officer may, beforeconsidering the application, require the person making the application to submitor produce such proof of his identity as the registration officer considersnecessary, and he may refuse to consider the application if that person fails tocomply with any such requirement, or if the registration officer is not satisfiedthat the registration application is kept in the office of the district officerconcerned.(b) The provisions of section 12(4) shall mutatis mutandis apply in relation to theconsideration of an application made undersubsection (1) of this section.(4) The registration officer may grant the application or refuse it and shall recordhis decision on the registration application.(5) If the registration officer grants the application, he shall(a) forthwith issue to that person a registrationcard mutatis mutandis in accordance withthe provisions of section 14;(b) cancel any registration card submitted tohim in terms of subsection (2)(c) and forward such cancelled registration card tothechief registration officer.(6) The registration officer shall keep a record of the proceedings before himunder this section, and such record shall form part of the registration application.(7) A registration card replaced on the ground of its loss or destruction by theissue of another registration card in terms of this section, shall cease to be of anyforce and effect and shall be cancelled by the registration officer referred to insubsection (2) or the chief registration officer if it comes into his possession atany time.Returns and list in respect of objections postponed sine die25. (1) A magistrate who postponed the hearing of an objection sine die underparagraph (a) of subsection (4) of section 19 shall, unless the registration cardissued to the respondent has been surrendered or seized in terms of section 23,render to the chief registration officer a return showing -(3) (a) Die registrasiebeampte kan, voordat hydie aansoek oorweeg, van die persoon wat die aansoek doen, vereis dat hy diebewys van sy identiteit indien of voorlE wat die registrasiebeampte nodig ag, enhy kan weier om die aansoek te oorweeg indien daardie persoon versuim om aanso 'n vereiste te voldoen, of indien die registrasiebeampte rle oortuig is dat dieregistrasieaansoek in die betrokke distriksbeampte sekantoor gehou word nie.(b) Die bepalings van artikel 12(4) is mutatismutandis van toepassing met betrekking tot die oorweging van 'n aansoekkragtenssubartikel (1) van hierdie artikel gedoen.(4) Die registrasiebeampte kan die aansoek toestaan of dit weier, en teken sybeslissing op die registrasie-aansoek aan.

(5) Indien die registrasiebeampte die aansoek toestaan, moet hy(a) onverwyld 'n registrasiekaart aan daardiepersoon uitreik mutatis mutandis ooreenkomstig die bepalings van artikel 14;(b) 'n registrasiekaart wat ingevolge subartikel(2)(c) aan horn voorgel is, kanselleer en die gekanselleerde registrasiekaart aandiehoofregistrasiebeampte stuur.(6) Die registrasiebeampte moet 'n aantekening hou van die verrigtinge voor hornkragtens hierdie artikel, en daardie aantekening, word aan die registrasie-aansoekgeheg en maak deel daarvan uit.(7) 'n Registrasiekaart wat op grond van die verlies of vernietiging daarvanvervang is deur die uitreiking van 'n ander registrasiekaart ingevolge hierdieartikel, hou op om geldig te wees en moet deur die in subartikel (2) bedoelderegistrasiebeampte of die hoofregistrasiebeampte gekanselleer word indien dit teeniger tyd in sy besit kom.Opgawes en lys ten opsigte van besware sine die uitgestel25. (1) 'n Landdros wat die verhoor van 'n beswaar sine die uitgestel het kragtensparagraaf(a) van subartikel (4) van artikel 19 moet, tensy die registrasiekaart wat aan dierespondent uitgereik is, ingevolge artikel 23 oorgegee of in beslag geneem is, 'nopgawe aan die hoofregistrasiebeampte verstrek waarin aangetoon word -No. 5703

DrD0f~flI ICfl OV LJCRA AJ0 9A ?-AAAA"AAtd'A T*1PAICrrATCA~ ~Official Gazette Extraordinary 24 April 1989No. 5703(a) the number of the said registration card;(b) the date on which it was issued;(c) the district in which it was issued;(d) the name of the person to whom it wasissued;(e) the date on which the objection waslodged;(f) the name of the objector;(g) the residential address of the objector,and any further particulars required by the chief registration officer.(2) If the magistrate dismisses the *objection at any time after rendering a returnin respect of the relevant registration card in terms of subsection(1), he shall advise the chief registration officer thereof without delay, and, if theadvice is not in writing, shall confirm it in writing without delay.(3) The chief registration officer shall prepare a list of all registration cards inrespect of which returns are rendered in terms of subsection (1), on which thenumbers of such registration cards are reflected in numerical order, and, oppositeeach number, the other particulars mentioned in that subsection in respect of theregistration card concerned.

(4) The chief registration officer shall whenever necessary amend such list bydeleting the number and particulars in respect of a registration card cancelled byhim or any magistrate in terms of section 23 or to which a magistrate's advice interms of subsection (2) of this section relates, and may from time to time preparea revised list.Returns of invalid registration cards not cancelled26. (1) A magistrate who allowed an objection under section 20 shall, if hisdecision has not been set aside under section 22(3) and he has not in terms ofsection 23(4)(b) cancelled the registration card which, as a result of the allowanceof the objection in terms of section 21 ceased to be valid, render to the chiefregistration officer a return showing -(a) die nommer van genoemde registrasie-(a) die nommer van genoemde registrasiekaart;(b) die datum waarop dit uitgereik is;(c) die distrik waarin dit uitgereik is;(d) die naam van die persoon aan wie dit uitgereik is;(e) die datum waarop die beswaar ingedien is;(f) die naam van die beswaarmaker;(g) die woonadres van die beswaarmaker,en die verdere besonderhede wat die hoofregistrasiebeampte vereis.(2) Indien die landdros die beswaar verwerp te eniger tyd nadat hy 'n opgawe tenopsigte van die betrokke registrasiekaart ingevolge subartikel (1) verstrek het,moet hy die hoofregistrasiebeampte onverwyld daarvan in kennis stel en, indiendie kennisgewing nie in skrif is nie, moet hy dit onverwyld skriftelik bevestig.(3) Die hoofregistrasiebeampte moet 'n lys opstel van alle registrasiekaarte tenopsigte waarvan opgawes ingevolge subartikel (1) verstrek word, waarop dienommers van sodanige registrasiekaarte in numeriese volgorde aangegee word en,teenoor elke nommer, die ander besonderhede in daardie subartikel genoem tenopsigte van die betrokke registrasiekaart.(4) Die hoofregistrasiebeampte moet bedoelde lys wanneer nodig wysig deur dienommer en besonderhede ten opsigte van 'n registrasiekaart wat ingevolge artikel23 deur hom of 'n landdros gekanselleer is of waarop 'n landdros se kennisgewingingevolge subartikel (2) van hierdie artikel betrekking het, te skrap, en kan vantyd tot tyd 'n hersiene lys opstel.Opgawes van ongeldige registrasiekaarte wat nie gekanselleer is nie26. (1),'n Landdros wat 'n beswaar kragtens artikel 20 gehandhaaf het, moet,indien sy beslissing nie kragtens artikel 22(3) tersyde gestel is nie en hy nieingevolge artikel 23(4)(b) die registrasiekaart wat, as gevolg van die handhawingvan die beswaar, ingevolge artikel 21 opgehou het om geldig te wees,gekanselleer het nie, 'n opgawe aan die hoofregistrasiebeampte verstrek waarinaangetoon word -D .r AAQI: J

PA~P ~Q REPRODUCED BY THE NAMIBIACOMMUNICATJONS CENTREBuitengewone Offisiële Koerant 24 April 1989

(a) the number of the said registration.card;(b) the date on which it was issued;(c) the district in which it was issued;(d) the name of the person to whom it was issued;(e) the date on which the objection wasallowed,and any further particulars required by the chief registration officer(2) A registration officer who under subsection (4) of section 24 granted anapplication made under subsection (1) of that section,'shall render to the chiefregistration officer, in respect of the registration card which in terms of subsection(7) of that section ceased to be valid, a return showing(a) the number of the said registration card;(b) the date on which it was issued;(c) the district in which it was issued;(d) the name of the person to whom it wasissued;(e) the date on which the relevant applicationwas granted;(f) the number of the registration card issuedto replace the invalidated registration card,and any further particulars required by the chief registration officer.Cancellation of registration card on death of registered voter27. (1) Any person who at any time is in possession of a registration card issuedto a registered voter who has died after the issue thereof, shall deliver thatregistration card without delay to any officer appointed under this Proclamation orto any registration officer, police officer or other officer in the GovernmentService.(a) di57mr0a3eoe d eisrse(a) die nommer van genoemde registrasiekaart;(b) die datum waarop dit uitgereik is;(c) die distrik waarin dit uitgereik is;(d) die naam van die persoon aan wie dit uitgereik is;(e) die datum waarop die beswaar gehandhaafis,en die verdere besonderhede wat die hoofregistrasiebeampte vereis.(2) 'n Registrasiebeampte wat kragtens subartikel (4) van artikel 24 'n aansoektoegestaan het wat kragtens subartikel (1) van daardie artikel gedoen is, moet tenopsigte van die registrasiekaart wat ingevolge subartikel (7) van daardie artikelopgehou het om geldig te wees, aan die hoofregistrasiebeampte, 'n opgaweverstrek waarin aangetoon word(a) die nommer van genoemde registrasiekaart;(b) die datum waarop dit uitgereik is;(c) die distrik waarin dit uitgereik is;(d) die naam van die persoon aan wie dit uitgereik is;(e) die datum waarop die betrokke aansoektoegestaan is;

(f) die nommer van die registrasiekaart watuitgereik is ter vervanging van die ongeldige registrasiekaart,en die verdere besonderhcde wat die hoofrcgistrasiebeampte vereis.Kansellering van registrasiekaart hy dood van geregistreerde kieser27. (1) Enigiemand wat tc eniger tyd in bcsit is van die registrasickaart watuitgereik is aan 'n geregistreerde kieser wat na die uitreiking daarvan te sterwegekom het, moet daardie registrasiekaart sonder versuim besorg aan 'n beamptewat kragtens hierdie Proklamasie aangestel is of aan 'n registrasiebeampte,polisiebeampte of ander beampte in die Regeringsdiens.No. 5703PAGE 469PA ;F d ;QREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUCE fBY THKN A B Crni"I l"MIATI'AAIn rrAT rDAr-C A7nOfficial Gazette Extraordinary 24 April 1989No. -5703(2) An officer referred to in subsection (1) shall, if he is not the chief registrationofficer, deliver the registration card without delay to the chief registration officer,who shall cancel it.Amendment of register of voters28. The chief registration officer shall(a) if a registration card has been cancelled interms of section 23, 24 or 27, cancel theduplicate of that registration card;(b) upon receipt of a return rendered to him interms of section 25(1) in respect of a registration card, endorse the duplicate ofthat registration card to the effect that the relevant objection was postponed sinedi"(c) upon receipt of an advice in terms of section 25(2) in respect of a registrationcard of which the duplicate bears an endorsement under paragraph (b) of thissection, endorse that duplicate to the effect that therelevant objection was dismissed;(d) upon receipt of a return rendered to him interms of section 26 in respect of a registration card, cancel the duplicate of thatregistration card.Offences and penalties29. (1) Any person who(a) whether himself or through an intermediary and whether directly or indirectly,with intent to dissuade, discourage or prevent any other person from causinghimself to be registered as a voter, irrespective of whether such other person isqualified for such registration or is not so qualified, or with intent to obtainunlawfully the possession of a registration card issued to anyother person(i) uses or threatens to use violence

against the person or his next of kin or property of any person or his next ofkin; or(ii) does or omits to do, or threatens to door omit to do anything, whether lawful or unlawful, to the loss, detriment, dis-(2) 'n Beampte in subartikel (1) bedoel, moet, indien hy nie diehoofregistrasiebeampte is nie, die registrasiekaart sonder versuim besorg aan diehoofregistrasiebeampte, wat dit kanselleer.Wysiging van register van kiesers28. Die hoofregistrasiebeampte moet(a) indien 'n registrasiekaart ingevolge artikel23, 24 of 27 gekanselleer is, die duplikaatvan daardie registrasiekaart kanselleer;(b) by ontvangs van 'n opgawe ingevolge artikel 25(1) aan horn verstrek tenopsigte van 'n registrasiekaart, die duplikaat van daardie registrasiekaartendosseer ten effekte dat die betrokke beswaar sine die uitgestelis;(c) by ontvangs van 'n kennisgewing ingevolgeartikel 25(2) ten opsigte van 'n registrasiekaart waarvan die duplikaat kragtenspara-.graaf (b) van hierdie artikel gedndosseer is, daardie duplikaat endosseer teneffekte datdie betrokke beswaar verwerp is;(d) by ontvangs van 'n opgawe ingevolge artikel 26 aan horn verstrek ten opsigtevan 'n registrasiekaart, die duplikaat van daardieregistrasiekaart kanselleer.Misdrywe en strawwe29. (1) lemand wat(a) hetsy self of deur 'n tussenpersoon en hetsyregstreeks of onregstreeks, met die opset om 'n ander persoon of persone in diealgemeen af te raai, te ontmoedig of te verhinder om horn of hulle as kieser te laatregistreer, ongeag of bedoelde ander persoon of persone bevoeg is vir sodanigeregistrasie of nie aldus bevoeg is nie, of met die opset om besit onwettig te verkryvan 'n registrasiekaart wat aan 'n ander persoonuitgereik is(i) geweld gebruik of dreig om geweld-tegebruik teen die persoon of sy naasbestaandes of goed van enige persoonof sy naasbestaandes; of(ii) enigiets hetsy wettig of onwettig, totverlies, skade of nadeel van enige persoon of sy naasbestaandes doen of

PAGE 471 REPRODUCED BY THE NAA4IBIAcOMMUNIcATIONS CENTRFBuitengewone Offisi~le Koerant 24 April 1989advantage or prejudice of any personor his next of kin; or

(b) whether himself or through an intermediary and whether directly or indirectlyadvises, encourages, instigates or incites any other person, or the persons presentat any assembly of persons, not to cause him or themselves to be registered as avoter or as voters, irrespective of whether such other person or any person sopresent is qualified for such registration or is not soqualified; or(c) with intent to defraud duplicates, copies, forges, falsifies or fabricates anyregistration form or registration card or any document purporting to be aregistration form or a registration card, or utters or is in possession of anydocument so duplicated, copied, forged, falsified or fabricated; or(d) not being the chief registration officer or a registration officer or magistrate orother person acting within the course of his duties under or for the purposes ofthis Proclamation, is in possession of a registration form or issues or purports toissue a registration card or destroys, mutilates or defaces any registration card or,except in accordance with the provisions of this Procalamition, places any writingor markon any registration card; or(e) is found in possession of a registration cardnot issued to him, without being able to give a satisfactory explanation for hispossession of it, or is found in possession of more than one registration cardissued tohim; or(f) being a registered voter, applies for registration as a voter in terms of thisProclamation, or, after having ceased in terms of section 21 to be a registeredvoter, applies as aforesaid without being qualified for registration or induces orprocures any other person to apply for registration or to register in fact as a voterknowing such other person or himself not to be authorized by this Proclamation tobe so applying or to be so registered; or(g) obstructs, hinders or interferes with thechief registration officer or any controller,nalaat om dit te doen of dreig om dit te doen of na te laat om dit te doen; of(b) hetsy self of deur 'n tussenpersoon en hetsyregstreeks of onregstreeks, 'n ander persoon of die persone teenwoordig by 'nbyeenkoms van persone, aanraai, aanmoedig, aanstig of uitlok om hom of hullenie as kieser of kiesers te laat registreer nie, ongeag of bedoelde ander persoon ofenige persoon aldus teenwoordig bevoeg is vir sodanige registrasie of nie aldusbevoeg isnie; of(c) met die opset om te bedrieg, 'n registrasievorm of registrasiekaart of 'n stukwat heet 'n registrasievorm of 'n registrasiekaart te wees, dupliseer, kopieer,namaak, vervals of vervaardig of 'n stuk wat aldus gedupliseer, gekopieer,nagemaak, vervals of vervaardig is, uitgee of in besit daarvan is; of(d) terwyl hy nie die hoofregistrasiebeampte of 'n registrasiebeampte of landdrosof ander persoon is wat in die loop van sy pligte kragtens of vir die doeleindes vanhierdie Proklamasie optree nie, in besit is van 'n registrasievorm of 'nregistrasiekaart uitreik of heet uit te reik of 'n registrasiekaart vernietig, skend of

onleesbaar maak of, behalwe ooreenkomstig die bepalings van hierdieProklamasie, enige geskrif of merkop 'n registrasiekaart aanbring; of(e) in besit gevind word van 'n registrasiekaart wat nie aan horn uitgereik is nie,sonder om in staat te wees om 'n bevredigende verduideliking vir sy besit daarvante gee, of in besit gevind word van meer as een registrasiekaart wat aan hornuitgereik is; of(f) terwyl hy 'n geregistreerde kieser is aansock doen om registrasie as 'n kieseringevolge hierdie Proklamasie, of, nadat hy ingevolge artikel 21 opgehou het om'n geregistreerde kieser te wees, soos voornoemd aansoek doen sonder om bevoegvir registrasie te wees of iemand anders oorreed of verky om aansoek te doen omregistrasie of inderdaad te registreer as 'n kieser wetende dat sodanige anderpersoon of hy nie by hierdie proklamasie gemagtig is om aldus aansoek te doen ofte registreernie; of(g) die hoofregistrasiebeampte of 'n kontroleur, opsiener, distriksbeampte,landdros ofNo. 5703REPRODUCED BY T14E IVA MfBIA COMMUNICATIONS CNTREPAGE 471

REPRPDflI U Rllv TU AA RIBIAr tA.AI lAurATrlAUl CAITOCD A I- A-7-bOfficial Gazette Extraordinary 24 April 1989supervisor, district officer, magistrate or registration, officer in the performance ofhis duties or functions or the exercise of hispowers under this Proclamation; or(h) without being authorized thereto removesany document from any place where it is kept in terms of any provision of thisProclamation, or destroys, mutilates, defaces, places any writing or mark uponor otherwise interferes with any document so kept in such place or any document,form, paper, instrument or other thing used for or required in connection with thecarrying out of any such provision; or(i) without good cause (the onus of whichshall be on him) fails to comply with a notice furnished to him under section 8(2);orfi) in or for the purpose of any applicationmade to a registration officer in terms of section 9 or 24 or any proceedingsbefore a magistrate under section 12 or 19 makes a false statement knowing it tobe false ornot believing it to be true; or(k) when required by a magistrate under section 12(4)(b)(i) or under section19(2)(c)(ii), or by a registration officer under section 24(3) to appear before him,fails to do so, or, having so appeared, fails to answer fully and truthfully anyquestion put to him or to produce any thing that he has with him: Provided thatsuch person shall not be compelled to answer any question or produce anything

that he would not be compelled to answer or produce in any civil proceedingsbefore a magistrate's court; or(1) obstructs, hinders or interferes with anyperson sei'ving or attemting to serve a copy of a notice of objection in terms ofsection18; or(in) fails to comply with the provisions of paragraph (a) of subsection (1) ofsection 23 or with an order under paragraph (b) of thatsubsection; or(n) fails to comply with the provisions of sec-,tion 27(1),No. 5703registrasiebeampte by die verrigting van sy pligte of werksaamhede of dieuitoefening van sy bevoegdhede kragtens hierdie Proklamasie, dwarsboom, hinderof belemmer; of(h) sonder magtiging daartoe enige stuk verwyder van 'n plek waar dit ingevolge'n bepaling van hierdie Proklamasie gehou word, of 'n stuk aldus op so 'n plekgehou of 'n stuk, vorm, papier, instrument of ander ding wat gebruik word vir ofnodig is in verband met die uitvoering van so 'n bepaling, vernietig, skend,onleesbaar maak of enige geskrif of merk daarop plaas of hom andersins daarmeebemoei;of(i) sonder goeie rede (die bewyslas waarvan ophom rus) versuim om aan 'n kennisgewing kragtens artikel 8(2) aan hom verstrek,tev'oldoen; of(j) in, of vir die doeleindes van, 'n aansoekingevolge artikel 9 of 24 aan 'n registrasiebeampte gedoen of verrigtinge voor 'nlanddros kragtens artikel 12 of 19, 'n valse verklaring maak wetende dat dit vals isofsonder om te glo dat dit waar is; of(k) wanneer hy deur 'n landdros kragtens artikel 12(4)(b)(i) of kragtens artikel19(2)(c)(ii) of deur 'n registrasiebeampte kragtens artikel 24(3) aangesE word omvoor hom te verskyn, versuim om dit te doen, of, nadat hy aldus verskyn het,versuim om 'n vraag wat aan horn gestel word volledig en waar te beantwoord ofom iets wat hy by horn het, voor te 18; Met dien verstande dat bedoelde persoonnie verplig is om 'n vraag te beantwoord of enigiets voor te le wat hy nie in sivieleverrigtinge voor 'n landdroshof verplig sou wees om te beantwoord of voor te 1Enie; of(1) 'n persoon wat 'n afskrif van 'n kennisgewing van beswaar bestel of poog omdit te bestel ingevolge artikel 18, dwarsboom,hinder of belemmer; of(in) versuim om aan die bepalings van paragraaf (a) van subartikel (I) van artikel23 of aan 'n bevel kragtens paragraaf (b) vandaardie subartikel te voldoen; of(n) versuim om aan die bepalings van artikel

27(l) te voldoen,DAf -C Jl "7")

RFPROrU 1CA RV TU~ AlA RAWIA rfSAAAAl IAIIfA ?WIAIC f*CRITDr32 Official Gazette Extraordinary 24 April 1989No. 5703AANHANGSEL/ANNEXUREVoorkant van vorm AGV.l/Front of Form AGV.I AGV.ISUIDWES-AFRIKA/NAMIBIE - SOUTH WEST AFRICA/NAMIBIAAANSOEK OM REGISTRASIE AS 'N KIESER INGEVOLGE DIEPROKLAMASIE OP DIE REGISTRASIE VAN KIESERS(GRONDWETGEWENDE VERGADERING), 1989 APPLICATION FORREGISTRATION AS A VOTER IN TERMS OF THE REGISTRATION OFVOTERS (CONSTITUENT ASSEMBLY) PROCLAMATION, 1989 I.Familienaam (blokletters)S urnam e (block letters).......................................................................................................................................................2. Voorname (voluit-in blokletters)"F irst nam es (in rull- block letters)........... ..................... .........................................................................................3. Vaste woonadres op datum van aansoekFixed residential address at date of application..............................................................................................................4. ilesigheids. of werksadres op datum van aansockBusiness or em ploym ent address at date of application ........ . ............................................................................5. ldentiteitsnommerIdentit% numberIIIT [Tn6. Geboortedatum (indien identiteitsnommer niebeskikbaar) Jaar -7- Mlaand f-- DagDate of birth (if identity number not available) Year Monthl I Day7. Geboortedatum vasgestel of bevestig deur: '(a)idcntiteitsdokumentDate of birth determined or confirmed by: identity document I _(b) gcboortesertifikaat (c) doopseelbirth certificate baptismal certificate(d) skatting (c) ander (spesifiseer)estim ate other (specify)..............................................................................8. Is u in die gebied Suidwes-Afrika gebore? Ja/NecWere you born in the territory of South West Africa ? Yes/No ...................9. Indien nie indic gcbied Suidwc.-Afrika gehorc nic. ononderbrokc tydpcrk vangewone verblyf in die gebiedSuidwes-Afrika op die datum van hierdic antnaock:IC not born in the territory of South Wcst Africa. contiiuous period of ordinaryresidence in the territory of

South West Africa at the date of this application:Jare I MandleYears __ Months10. In die geval van 'n persoon in artikel 3(l)(c) bedoel:In the case of a person referred to in section 3(1)(c):(a) Vader se naam en vanFather's name and surname .................................................................(b) Vader se pick van geboorteFather's place of birth .....................................................................(c) Moeder se naam en vanM other's name and surname ................................................................(d) Moeder se pick van geboorteM other's place of birth .....................................................................Ek verklaar hierby dat die bostaande besonderhede waar en juis is en dat ek nieingevolge die Proklamasie op die Registrasie van Kiesers (GrondwetgewendeVergadering), 1989, gediskwalifiseer is om as Kieser te registreer nie.I hereby declare that the above particulars are true and correct, and that I am notdisqualified to register, as avoter in terms of the Registration of Voters (Constituent Assembly) Proclamation,1989.Handtekening/Iinkerdtiptafdrdk valt aonsokcr/csfdrutk rat anderSignntureleft tumumb print of applicaiu/tnprint of othersinger(s): Spesifiseerfinger(s): Specify .....................................REPR0DUrKQRVT&JCA1AAA1RJArQ" "Alle-A-1-co-CA-Drr'l A f'* l A "T A

PAGEA A ftcr' t11,.nuur.aeDl 11"1IV43IVMIDIA' Iv.aVMUIVL,. a II.WJ I.Il[Buitengewone Offisiele Koerant 24 April 1989shall be guilty of an offence.(2) Any person convicted of an offence in terms of subsection (1), shall be liable(a) in the case of an offence in terms of paragraph (a) or (b) of that subsection, toa fine not exceeding RIO 000 or to imprisonment for a period not exceeding fiveyears or toboth such fine and such imprisonment;(b) in the case of any other offence, to a finenot exceeding R6 000 or to imprisonment for a period not exceeding three yearsor toboth such fine and such imprisonment.Rectification of errors30. If through accident, inadvertence or oversight anything required to be done bythis Proclamation in the registration of any person, is erroneously done or omittedto be done, the chief registration officer may take or cause to be taken such stepsas are necessary to rectify the error or omission.Sundays and public holidays

31. Whenever under this Proclamation anything is required to be commencedwith, concluded or done on a particular date, and that date happens to fall upon aSunday or a day declared by or under any law to be a public holiday, such thingshall be commenced with, concluded or done on the date next succeeding suchSunday or public holiday, or if the last mentioned date is also a Sunday or publicholiday then on the date next succeeding such Sunday or public holiday.Exemption from stamp duty32. Notwithstanding anything to the contrary contained in any law relating tostamp duty, no stamp duty shall be charged on any declaration made for thepurposes of any provision of this Proclamation.Short title33. This Proclamation shall be called the Registration of Voters (ConstituentAssembly) Proclamation, 1989.is aan 'n misdryf skuldig.(2) lemand wat aan 'n misdryf ingevolge subartikel (1) skuldig bevind is, isstrafbaar(a) in die geval van 'n misdryf ingevolge paragraaf (a) of (b) van daardiesubartikel, met 'n boete van hoogstens RIO 000 of metgevangenisstraf vir 'n tydperk vanhoogstens vyf jaar of met sowel daardieboete as daardie gevangenisstraf;(b) in die geval van 'n ander misdryf, met 'nboete van hoogstens R6 000 of met gevangenisstraf vir 'n tydperk van hoogstensdrie jaar of met sowel daardie boete as daardiegevangenisstraf.Verbetering van foute30. Indien iets wat ingevolge hierdie Proklamasie by die registrasie van iemandgedoen moet word, per ongeluk, per abuis of deur onoplettendheid verkeerdgedoen word of nie gedoen word nie, kan die hoofregistrasiebeampte die stappedoen of laat doen wat nodig is om die fout. te verbeter of die versuim te herstel.Sondae en openbare vakansiedae31. Wanneer kragtens hierdie Proklamasie enigiets op 'n bepaalde datum moetbegin, voltooi of gedoen word, en daardie datum toevallig op 'n Sondag val of op'n dag wat deur of kragtens 'n wet tot 'n openbare vakansiedag verklaar is, moetdit begin, voltooi of gedoen word op die eersvolgende dag na die Sondag ofopenbare vakansiedag, of as laasgenoemde dag ook 'n Sondag of openbarevakansiedag is, dan op die eersvolgende dag na daardie Sondag of openbarevakansiedag.Vrystelling van se#lreg32. Ondanks andersluidende bepalings in die een of ander wet op seelreg, is daarop 'n verklaring wat vir die doeleindes van 'n bepaling van hierdie Proklamasiegemaak word, geen sedlreg verskuldig nie.Kort titel33. Hierdie Proklamasie heet die Proklamasie op die Registrasie van Kiesers(Grondwetgewende Vergadering), 1989.No. 5703

..... 570PA ;g 47:t

.......7..... lnh br ri flY TI-W Al RAIDIA rr1AARAIJ IP'tTI,/IU rtW ~JIV5flv a |l., lVJ 1" 1v I I*UNTAGN A M I B I A25 April 1989PRESS RELEASEDRAFT REQISTRATION PROCLAMATION STATEMENT BY MR.AHTISAARIreight Insieaepesentative of the Secretary-GeneraI has reached General shouldproceed immediately with soliciting the views of the Xamibian public, includingthe political parties, on principles and procedures for the registration of voters forthe forthcoming election to be held under the supervision and control of the-United Rations.The Special Representative of'the Secretary-General has meanwhile reserved hisposition regarding all aspects of the present draftProclamation.Further consultations will be conducted between the AdministratorGeneral andthe Special Representative of the Secretary-General after the Administrator-General has completed the proposed process with the public and the parties.Ttjftij.n% Aan4 G=~~P

REPR D.CE.BY.H...M.............. OPA GE47RUNITEDNATIONSSecurity Council Distr.CENERALS/A060826 April 1989ORIGINAL: ENGLIShLETTER DATED 25 APRIL 1989 FROM THE PERMANENTREPRESENTATIVEOF sOUni AFRICA TO TilE UNITED NATIONS ADDRESSED TO THESECRETARY-GENERALSince it would appear that the procedures for establishing permanent observermissions in Namibia are not yet fully appreciated by ll the Hembers of the UnitedNations, I have the honour to enclose the text of a letter addressed by the SouthAfrican Minister for Foreign Affairs, Mr. R. F. Botha, to The Hon. G. Chiepe,Ministor for'External Affairs of Botswana, on 22 April 1989 in which theseprocedures are set out.It Is i the circumstances appropriate to recall that, with the adoption of resolutions629 (1989) and 632 (1989), the Security Council authorited Your txcelleAcy toappoint a Special Representative supported by the United Nations TransitionAssistance Group (UNTAG) to monitor the holding of free and fair elections with

a view to the establishment of a constituent assembly whose task would be that ofadopting a constitution for an independent Namibia. At the same time the SouthAfrican Government, represented by an Administrator-General, was recognised asthe Administering Authority of the Territory during this period of transition.No provision was made In these resolutions or the implementation plan whichthey incorporate for the establishment of separate monitoring missions. It is ofcourse appreciated that many Member States and other appropriate organisationswould have an interest in establishing observer missions during the same period.The establishment of diplomatic observer missions places certain obligationsupon the receiving State to ensure the usual privileges and Immunities enjoyed bysuch missions in terms of established diplomatic practice. ConseqUently suchmissions can be brought Into being only after the agreement of the receiving State.has been sought and obtained, thereby implicitly accepting the obligations placedupon it. In so far as Namibia Is concerned, such requests may be Afade direct tothe South African Department of Foreign Affairs or to its diplomaticrepresentatives abroad. Arrangements will be made to process these requests asswiftly as possible.89-10958 08461 (E)REPRODUCED BY THE NAMIBIA COMMUNICATIONq rFAITRFPA J: dTR

PAGE 4798/20608 English Phgo 2I should bo grateful It this lottor and its annex could bo circulated as a documentof tho Socurity Council.(6191e.) Joromy B. SHEAPAR AmbassadorREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRERAGE 479

RFPAfJlhQ~flRV YTI4E A 1B~RJ COLERIJAICATIAAIc rrA1TPrBAfI AQnS/20608EnglishPage 3L.tt.r2aLZLCp~ fo ~ r na.L= jliitAccording to press reports there are plans for you to proceed to Windhoektomorrow, Sunday, 23 April. at the head of a delegation of southern AfricanStates with the object of establishing a permanent monitoring mission there.TheAdminiatrtor -General of South West Africa/Namibia informs me that therehas not been any prior consultation with him in this regard and he has thereforerequested me to forward you the letter below:"It has come to my notice that it is your intention to lead a group ofrepresentatives of southern African States to Windhoek tomorrow Sunday,23 April 1939 with the object, according to press reports, of establishing apermanent monitoring mission in South West Africa/Namibia to monitor theImplementation of United Nations Security Council resolution 435 (1978).

"It is a matter of record that the establishment of an Organization ofAfrican Unity observer mission in Windhoek would be welcomed and I do Patenvisage therefore that there could be an objection to the opening of anobserver mission by a grouping of southern African States. In order that theestablishment of such a mission could proceed in an orderly fashion, it is ofcourse desirable that the standard procedures, which have been observed byother intending observer missions, should be followed, i.e. that priorarrangements for entry. etc. be made through the South African Department ofForeign Affairs. This will avoid any misunderstandings and 'complications,which is a matter of considerable Importance to me in my capacity asAdministrator-General."n that capacity* as you are aware, the administration of the Territoryis currently my responsibility, in terms of resolution 435 (1978). My dutiesinclude ensuring that entry to and exit from the Territory tre administered ina proper manner and to that end applications for entry are *rocessed by myoffice."Moreover, the function of monitorilng the settlement process in theTerritory Is exclusively entrusted by resolution 435 (1978) to UNTAG. Thereis no provision in that resolution or any of the related oggeements for amonitoring function to be performed by any other entity. I am therefore not in aposition to approve the setting up of a separate monitoring mission inthe Territory.L. PlennarADMINISTRATOR-GENERAL"OAf=- " .1Q(I

PAGE 481REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRES/20608Eng II shPago 4to tht, ? I wriuld APLDealI t.o yOU to COMrn11nicAtr with theAdkinistrator.-Gonerel rogarding your proposed arrival in Windhook well inadvance of your doparturo and thus to avoid the possibility of picing anyadditional strains on the smooth Implementation of resolution 435 (1978). towhqso suOcossI beliove you and I 're oqually coaauittod.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 482N A M I B I A26 APRIL 1989PRESSRELEASEON APRIL 26 1989, AN AGREEMENT GOVERNING THE PROGRAMME

OF* REPATRIATION OF NAMIBIAN REFUGEES AND EXILES WASSIGNED BETWEEN THE COUNCIL OF CHURCHES IN NAMIBIA ANDTHE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES. DR. A.SHEJAVALI, GENERAL SECRETARY OF THE COUNCIL OF CHURCHESIN NAMIBIA AND MR. N. BWAKIRA, CHARGE DE MISSION OF UNHCRIN WINDHOEK WERE THE SIGNATORIES TO THE AGREEMENT WHICHWAS SIGNED AT UNTAGHEADQUARTERS IN THE TROSKIE BUILDING AT APPROXIMATELY4:30 PM YESTERDAY. OFFICIALS FROM UNTAG, WORLD FOODPROGRAMME AND UNICEF ALSO ATTENDED THE OCCASION ANDCOLLEAGUES OF DR. SHEJAVALI WERE ALSO PRESENT ALONG WITHANOFFICIAL FROM THE LUTHERIAN WORLD FEDERATION.THE TOTAL VALUE OF THE PROJECT IS 19,533,340 RAND WHICHARE MADE UP OF THE FOLLOWING CONTRIBUTIONS FROM THEVARIOUSAGENCIES:UNHCR - 16,150,825 RANDCCN - 3,058,850 RANDUNICEF - 323,665 RANDWFP 4,500 METRIC TONNES OFBASIC FOOD IN KINDREPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 482

PAGE 483 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREk.antoor ban bit Ahminitrtaeur-drneraaI effirr of the Abministator- nrnralNEWS RELEASE 4/1926 APRIL 1989IMMEDIATEIt will be recalled that the Security Forces took 35 prisoners during the SWAPOincursion from I April 1989 onwards. As ahumanitarion gesture, the Administrator-General decided to offer 4mnesty tothese prisoners. Four accepted the offer and will beimmediatly released from custody. They areSilas Henok HAIMENELeevy SILVANUSPhilimon SHEHAMALisias DANIELThey are now free to join their families in SWA/N.The Administrator-General has also decided to release into the custody ofUNTAG those prisoners who declined the offer of amnesty. They number 31and will be taken by UNTAG to Angola,north of 16 OS, as soon as arrangements can be made.The ICRC has already visited the prisoners on several occasions

*ccording to its usual criteria.The Administrator-General has taken this step in order to promote the process ofpeace and reconciliation in SWA/N. He believes it ill further contribute to thesmootho implementation of resolution 435.ghe names of the prisoners released into the custody of UNTAG arelisted in the annexure.Enquiries : J S Bauermeester Tel : (061) 35873

REPRODUCED §Y THE NAMIBIA COMMUNICATIONS CENTREPAGE48AnriexurePRISONERS RELEASED INTO THE CUSTODY OF UNMAGRdeshitila J SHILONGOphilipus HAUNMA K7hannes FILLIPUSsimon NATHINGEtrilho, NGHIFINDACAGideon KAUPULWA JKabata JOHANNESFrans AXELDavid CALOLA Kango ANDREASAbisalom AMUKWAJ.A James SRIICALURSO ishomushi MBEWALEFernando TJIKPATlomas DAVIDAndreas SIMONtfriam AMUNYELA Johannes PETRUSAmunyela AMUNKANDA~thomas SAKARIA Albert NAICAWAXsak DAWIDMoses LAZARUSPetrus SEVELINUSSimon KLEOPHASErau JOHANNESVilpad DAVIDNainucha KALELEJohannes~ zACMIVELASicodemus KWEDHILukas MIRADE

PAGE 485 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRESouth West Africa People's Organisation(SWAPO) of Namibia$DUDAn1 RUDDM JUMjE P.O. Box 194, London NS 1LW96, GillsPie Road, London NSTelephone: (01-4359 9116/7Telex: $86226 SWAPO 0NAMI BIA: MORE PLAN COMBATANTS ARRIVE IN ANGOLA

Lubango (Southern Angola). 27 April 1989 (NAMPA) -- SWAPOCombatants continue to arrive in large numbers in Angola with over 1,300 havingalready reported north of the 16th Parallel.A spokesman for the SWAPO Defence Headquarters announced here today that237 Combatants of the People's Liberation Army of Namibia (PLAN) passedthrough the southern Angolan town of Kahama on 26 April, on the way to theirtemporary location at Chivemba, north of the 16th Parallel. This brings thenumber of SWAPO fighters who have been redeployed to Angola,following the cessation of the fierce fighting which erupted in Namibia on I April,to a total of 1,337.The PLAN Combatants have been making their own way to Angola on the ordersof their Commander-in-Chief, SWAPO President Sam Nujoma, in accordancewith the SWAPO decision to end the flghtling and prevent the collapse of theUnited Nations Plan for the independence of Namibia.President Nujoma has been in southern Angola to welcome his troops who werebasaed inside Namibia before they were attacked by South African troops on IApril in violation of UN Resolution 435 and the cease-fire agreement.UNTAG andAngolan military officials are also in southern Angola to verify the arrival andconfinement of SWAPO troops.The PLAN Combatants have been making their own way to Angola sincePresident Nujoma announced the decision ordering them to report to Angola on 8April. They have been running thegauntlet of South African troop ambushes around the UNTAG assembly pointsestablished by the Mount Etjo Declaration of 9 April as well as a blockade alongthe Namibia-Angola border where South Africa had deployed a division of itstroops to hunt down and kill them.The large number that has made it safely to Angola is a measure of their tenacity,discipline and skill in avoiding contact with and provocation by marauding troopsof South Africa, the SWAPO Defence spokesman said.Since Wednesday, some South African troops have been confined to their basesfor a period of 60 hours in accordance with the aggreement reached at anemergency meeting of the 7ointMilitary Commission of Angola, Cuba and South Africa held at-1I-PAGE 485REPRODUCED BY THE NAMIBIA COMMUNICA TIONS CENTRE

REPRODUICED BY THEi AMRIBIA MAM"rA TAc trAlTPFDAQ CRuacana last week in the wake of the failure of the UNTAG assembly points,made irrelevant by the presence of South African troops.However, the notorious local auxiliary troops of Battalion fo and Koevoet havebeen left to continue their terror campaign.The SWAPO Defence spokesman expressed confidence that all SWAPOCombatants who were inside Namibie would soon redeploy north of the 16th

Parallel as long as the South African troops and their local auxiliaries do notimpede them.The spokesman dismissed, as "utter fabrication", the South African claim made toUNTAG in Windhoek yesterday that groups of SWAPO Combatants are movingtowards the Namibia/Angola border from north of the 16th Parallel. He said, "thisis yet another new pretext by South Africa to delay confinement of all its troops inNamibia to base".(NAMPA)-2-DAr-C ARA

P RREPRAAI RY TI Al R rn AAA l lrArl I rFMToD8) UNTAGN A M I B I A27 April 1989PRESS UNDP RECONNAISSANCE MISSION TO NAMIBIARELEASE FINANCIAL AND SOCIO-ECONOMIC ASPECTSOF THE ARRANGEMENTS FOR INDEPENDENCE1. Prior to and following the signing of the settlementagreements, which set in motion the process of transition ofNamibia toward independence, there has been an acute awarenesswithin the UN system and the international donor community, thatoo-ordinated actions will be required for the organization andmobilization of development assistance in an independentNamibia.2. !During the past six months the United Nations DevelopmentProgramme (UNDP) has held informal consultations with other United NationsOffices and Specialized Agencies, as well asseveral bilateral donors, on Namibia's post-independenceeconomic and financial requirements, and arrangements. Therehas been general agreement that if the UN is to do a responsiblejob of supervising an orderly transfer of power from thecolonial authority to a new independent Government, it needs toundertake a series of fact-finding and information-gatheringexercises designed to provide the future Government with acomprehensive overview of the economic situation in Namibia and lay thefoundation of a reconstruction and development plan, tobe considered by the Government of an independent Namibia andultimately be presented to the international donor community andthe UN system.3. At its 2842nd meeting on 16 January 1989, the SecurityCouncil unanimously adopted resolution 629 (1989), the text ofwhich, ine AliA, reads as follows:"7. Calls upon Members of the United Nations to consider,in co-ordination with the Secretary-General, how they might provide economicand financial assistance to the

Namibian people, both during the transitional periodand after independence."PAGE 4R7

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 488-2Subsequently, it was agreed between UNDP and the Office of the SpecialRepresentative for Namibia that UNDP would field a data collection andreconnaissance mission to Namibia. At the sametime, meetings under the auspices of the Special Representativeand UNDP have been organized to keep UN system, and the traditional donorcommunity, fully briefed on the UNDP'sintentions and how the exercise will proceed. Detailed terms ofreference for this mission are as follows:Terms of ReferenceReconnaissance Mission to Namibia on FinanciAl.Economic, and Socio-economlc Aspects of the Arrangements for Tndependence1. In the majority of cases in which countries have moved froma colonial administration to independence, the leaders of thenationalist movements have been located within the country, andin some cases, have even participated in the colonialadministration. The colonial administration has also in mostcases segregated the finance, economic, and other activities of the colony from itsown so that there is an identifiable set ofassets and liabilities belonging to the colonial country andfaitly well developed information related to the country. Oneof the few precedents for the Namibian situation is Zimbabwe.There, also, many nationalist leaders were outside the country.Even then, however, the analogy is not complete because Rhodesiahad operated as a totally separate entity from the UnitedKingdom and economic and other information related to Rhodesia were fullyavailable to the new government. Even so, prior toindependence, the U.N. system had funded several studies toprovide economic information and the outline of a developmentplan which became available to the new government.2. In the case of Namibia, the situation has been different.The U.N. could provide a most important contribution if it were to put in motion aseries of studies designed to provide basicinformation in the several important areas mentioned below.3. To undertake this fact-finding, it is proposed that the U.N.should proceed in two steps: First, there would be areconnaissance mission which would:(a) identify the financial, economic andsocial areas inwhich there is a gap in the available information.

PAt~F 4RQ REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE- 3(b) collect such other information in the above areas as isavailable, and(c) determine what specialists may be needed to assembleinformation in those areas where gaps exist or wherethe reliability of existing information is open toquestion.4. The mission would seek out all available information from existing sourcessuch as the United Nations organizations and agencies, the UN Institute forNamibia, the World Bank, the IMF, the Commonwealth Secretariat and otherrelevant sources.5. Some of the areas which the mission would examine to determine availabilityof information would be the following:(a) Assets and liabilities of Namibia. A study shouldidentify what are the foreign exchange reserves likelyto be available to Namibia and if these are nowco-mingled with South Africa, on what basis would theseparation be made?(b) The same applies to the budget. What resources would anew Namibia government be inheriting? South Africaclaims that it has been making a $300 millioncontribution towards the deficit but how is itdetermined? How much of this expenditure relates tothe police and the army, and to the payment ofnon-Namibian expatriates? What is the tax regime? Afull analysis of the budgetary details must be made.(c) What is the indebtedness, internal and external thatthe new Namibia government would inherit? Are theredebts abroad, guaranteed by South Africa? Is there asegregation of the internal debt, bearing in mind thatfor an independent Namibia, a debt in Rands which previously would have beeninternal would now beregarded as external.(d) As regards the currency, would Namibia be using Rands?What arrangements are there for a currency issuingauthority?(e) Human Resources. This is probably one of the mostimportant areas. At the technical and professionallevels, an assessment should be made to determine whatis required. An inventory of qualified Namibiansinside and outside the country should be made..PAGE 489REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGF 4R(

REPRODUCFD RVTHF NA&I1B CO UINICATInAl Ir TREDAfe- AOIn-4(f) The free trade arrangements between Namibia and SouthAfrica-should be reviewed and information obtained onthe trade between Namibia and South Africa, and the arrangements existing forsharing customs revenues.(g) What is the extent of ownership of companies andeconomic activities by South Africans and by the SouthAfrican Government?(h) Such other information as the mission concludes wouldVe important for the newly independent Government ofNamibia to make crucial decisions required in the firstmonth of its existence.The team assembled for briefing in New York on 3 April 1989, and proceeded tomake contacts with the organizations mentioned at para. 4, and arrived in Namibiaon 21 April 1989.OA :- RQt

C4JPAGE 491 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRESouth West Africa People's CrganisationCSWAPO3 of NamibiaSOLMARIM MEOM J P.O. Box 194, London NS 1LW96, Gillespie Road. London N5Telephone: (01-1359 91167nTelex: 8362ZB SWAPO GNAMIBIA: SWAPO DISMISSES SOUTH AFRICAN CHARGESLuanda. 28 April 1989 (NAMPA,) -- SWAPO has dismissed South Africanallegations, as a "red herring", that it is amassing troops on the Angola-Namibiaborder poised to go into theterritory.The President of SWAPO, Sam Nujoma, categorically rejected the South Africancharges "with the contempt they deserve" and described them as a "red herring"aimed at diverting attention from exposure of the massacres, reign of terror andatrocitiesbeing committed by its rampaging troops in Namibla.Nujoma added that the charges are designed to dupe- the United NationsTransition Assistance Group (UNTAG) so that SouthAfrican troops are not confined to base and instead let loose on the pretext ofguarding against an "illusionary SWAPOinvasion".

The SWAPO leader was reacting to the South African charges made through theoffice of the UN Special Representative, who summoned the SWAPOrepresentative in Windhoek, Niko Bessinger,on 26 April.Bessinger, a member of the Central Committee of SWAPO, who is based in theNamibian capital, was confronted *with charges submitted to UNTAG by SouthAfrican Brigadier. Generals Louw and Meyer alleging that SWAPO wasamassing troops in largenumbers on the border poised to go Into Namibia.In addition, the South Africans have stated that alleged SWAPO arms cachesmust be located and dug up . before theimplementation of Resolution 435 can proceed.in rejecting this other new South African charge as yet another attempt tocreate confusion and derail the implementation of Resolution 435, Nujomasaid "UNTAG is welcome to investigate the claims and avoid its earlierblunder when it acted on false South African charges which led to the recentfierce fighting in Namibia, following the UN licensing of South African militaryattacks on peacefullyregrouping SWAPO guerrillas."UNTAG, he pointed out, has its men in southern Angola who have been verifyingthe redeployment of SWAPO armed cadres, who were Inside Namibia, toAngola and monitoring their confinement north of the 16th Parallel. Thesame UNTAGocntingent has seen more that 1300 PLAN fighters who left- I-

PCOP~nhI(Ff flV TUC AA RIIA rAAu"A1rArrnAfC frAlTPC DAr-C AGINamibia for Angola, following the Mount Etjo Agreement of 9 April. Theyshould, therefore, be in a position to find out the truth, he said.Bessinger had similarly informed the UN Special Representative's officethat UNTAG has Its own observers on both sides of the border, but was told thatUNTAG did not have a verification of its own of the South African claims andpromised to look into the matter.Nujoma reiterated SWAPO's commitment to the Implementation of Resolution435, saying that "that is why we made the difficult decision to redeploy In Angolaour troops who have been inside the territory - for over 22 years of the protractedarmed struggle. We have done our part. UNTAG must also seriously take up itsresponsibility to ensure that Resolution 435 is implemented according toschedule."(NAMPAA)-"2-PA r aQ

PAGE 493 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE

JOINT PRESS STATEMENTThe Third Regular Meeting of the Joint Commission established in terms of theBrazzaville Protocol of 13 December 1988, took place in Cape Town, Republic ofSouth Africa from 27 to 28 April 1989.Delegations of the Peoples' Republic of Angola, the Republic of Cuba and theRepublic of South Africa, the members of the Joint Commission, as well as theUnion of Soviet Socialist Republics and the United States of America, asobservers, attended the meeting.During the course of the discussions it was decided to invite the SpecialRepresentative of the Secretary-General of the United Nations in Namibia, theUnder-Secretary-General for Special Political Affairs and the MilitaryCommander of UNTAG to attend the meeting. A similar invitation was extendedto the AdministratorGeneral ot the Territory. The Joint Commission consideredthat the presence of these officials would facilitate its work.The Joint Commission gave specific attention in its deliberations to the situationin the northern area of Namibia and in southern Angola since 31 March 1989 andsubsequent developments. Thedecisions taken by the Joint Commission at its First and Second ExtraordinaryMeetings, held at Mount Etjo, Namibia, on 8 and 9 April 1989 and at Ruacana,Namibia, on 20 April 1989, respectively, were also reviewed.The Joint Commission decided on further practical measures to ensure, as agreedat Mount Etjo, the restoration of the situation in existence on 31 March 1989 atthe earliest opportunity. In this regard, agreement was reached that, followingthe completion of the restriction of the security forces to base for a period of 60hours, a process of verification as called for by the Mount EtjO

REPRDUCE BYTHE AMIIA CMMUICATAN5CFAIRF Ar= AGADeclaration and lasting 14 days until 06h00 on 13 May 1989 will be conducted.On this date, the confinement of all SWAPO forces in Angola to bases north ofthe 16th parallel under UNTAG monitoring, will have been completed, SouthAfrican forces will resume restriction to base and implementation of SecurityCouncil Resolution 435/78 will continue as originally scheduled.The Commission will meet at Ruacana on 15 May 1989 to consider the situation.As far as the frequency of its subsequent meetings is concerned, the JointCommission decided to amend its Regulations and Rules of Procedure to allowfor future meetings of the Commission take place on a bi-monthly basis.The delegations expressed their appreciation to the South African Government forthe excellent facilities provided for the Meeting.CAPE TOWN28 APRIL 1989REPRODUCED B Y THE NAMIBIA COMMUNCA TMAKN r'FNTRrPAF..i:: ,1Ga

EPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE,* UNTAGN A M I B I A I may1989

PRESS Statement bY the Secial RepresentntiveRELEASE of the Secretary Geleal for 1amhiaI am deeply concerned and saddened over reports of renewedconflicts involving SWAPO and the security forces, resulting'in further deaths. In this connection, I wish to state asfollows:As agreed by the Joint Commission at its third RegularXeetingin Cape Town on 28 April 1989, a process has now begunto verify the number of SWAPO forces returning to Angola.This process reflects the determination of all concerned toensure the earliest possible restoration of peace to northernNamibia.SWAPO's leadership has instructed all its forces to returnto Angola, and South Africa has undertaken to facilitate this process. Both sides,therefore, have now publicly reiteratedtheir desire to avoid further aggressive or belligerentactions.However, some of SWAPO's armed personnel appear not tohave been able to return to Angola during the 60 hour period of grace proclaimedin the Ruacana agreement, during which thesecurity forces were confined to base.It is imperative that these residual SWAPO personnel begiven safe passage while they make their way to the border,and I wish to urge all parties to exercise maximum restraint.The events which began on 1 April have already led tobloodshed on a tragic scale, and further deaths or injuriesmust be avoided.PAGE 495

REPRODUCED BY THE NAMIBIA COMMUPJICATIOAi~ CENTREPAtF 4Q~N AMI Bl AStatus Reort ant UN. Hilitary CimnentPRESS 3 May 1989RELEASETtal 12'G MilitarY Prsm=n1 in Namibia as of 3 May: 4478.Bak~æ by nationaity:304 Australia 24 Bangladesh 301 Cana 20 Czecholovakia 132 Dermarc 890 pi~1z21 Indiia 20 Irelaxi 94 Italy 883 Ken~ 889 Malia 20OPanaæ 20 Pakistan 20 Peru373 Polandi 85 Spain 20 Sudan 140 Switzerlajxi 25 Tg 172 LZ 25 Y~~lavia4478 1=prscænf 2United NationsT-niin A-kicnnc 11.-n.rREPRODUCEDRYTHENAMIRIACOMMUNICATIONS -ENTREPArF dQ6

PAGE 497 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREIssued on 3 May 1989 in New YorkUNITED NATIONS CONINCIL FOR NAMISZA EXPRESSES CONCERN ONTE CRITICAL SITUATION IN NAMIBIAFollowing is the text of a statement issued today by the President of the United?NationS Council for Namibia, Lt.Gen. Peter D. Zuze (Zambia) on b.half of theCouncil for Namibia.The United Nations Council for Namibia has learned with profound concern andindignation of the continuing deterioration of the critical situation in Namibiasince the first week of April 1989.The great sense of expectation with which the international community and theNamibian people had greeted the adoption of the enabling Security Councilresolution 632 (1989), 4issipated when South African troops launched a ma3siveand deadly, premeditated assault against S"WO coribatants which Pretoria allegedto have crossed over from Angola.It has been established that that S;PO fighters had no hostileintentions but were assembling for monitoring by UNTAG. The intention of theSouth African troops, on the other hand, was to massacre the ?amihian p*eople.indeed forensic evidence indicates that SWO prisoners were executed when theyhad been forced into kneeling positions. This includes one very disturbing reportof the alleged execution of 18 SWAIPO PLAN regulars after 'surrender bymembers of the South African led Koevoet units, now. part of the South WestAfrican Police, at or near Oshakati in early April. Thisparticular incident had been investigated by a reputable London etwspaper and aUnited States based television prograre.In affidavits, statements and depositions, the Council of Churches in Namibia hascontinued to bring to the attention of all concerned serious allegations ofmisconduct and harassment by the South African troops against the Namibianpopulation.

REPRQD~rU ItfRV TJJr AlA AAWA fAAAA Ai dC 5-2it is incu:bent upon the United Nations Council for Namihia which has enduringresponsibilities for Namibia until independence to expre'ss its indignation andrevulsion at the torture and preMe.ditated marsacre of the Namibian people. TheCouncil would be chirking its solemn responsibility For Namibia if it were toremain silent in the face of such alarming developrpnts in the Territory.It is the Council's view that the inlementation of Security Council resolution 435(1978) appears to have run into serious difficulties. Thega~ track wiihout Iu~er 8eayI rl C~anci e~.uA, S.3TIMmust be implemented in its original and definitive form. The hopes andaspirations of the people of Namibia must not again be betrayed. The UnitedNations Council for Namibia will spare no effort to ensure the effective and fullimplementation of the United Nations plan for Namibia.

PAGE 499 REPRODUCED BY THENAMIBIACOMMUNICATIONS CENTRETHE PERMANENT MISSION OF SOUTH AFRICATO THE UNITED NATIONS3 KAY 198914/89 PRESS RELEASENAMIBIA - ALEGED. SWAPO INFILTRATION PLANSAs a result of information received from sources which have in the past provedaccurate, the South African Permanent Representative has advised the Secretary-General of the United Nations and the members of the Joint Commissionestablished in terms of the Tripartite Agreement signed between the PeoplesRepublic of Angola, the Republic of Cuba and the Republic of South Africa inNew York on 22 December 1988, of indications that SWAPO might againendeavour to infiltrate Namibia from Angola during the night of 3/4 May 1989.Its aim would appear to be that of recovering and possibly using the weaponshidden inside Namibia during its incursions at the end of March.South Africa's warning has been given in the hope that SWAPO can at last bepersuaded that the time has come for it to abide by its commitments andcontribute towards the practical implementation of the United Nations plan forNamibia.SOUTH AFRICAN PERMANENT MISSION TO THE UNITED NATIONS,NEW YORK3 MAY 1989PAGE 499REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRDUCE BY HE NMIBA COMUNIATIOS CETREPAGEF 500fSouth West Africa People's Organisation 61d ESWAPOD of NamibiaSOUAR1 F1DOM JUST1UP.O. Box 194, London N5 IL' 16, GillesPie Road, London N Telephone: (0143599116/7 Telex: 886226 SWAPO GATTENTION FOREIGN DESKS:PRESS STATEMENT ; For immediate releaseSWAPO denies claim by South African Foreign MinisterSWAPO emphatically denies the claim made today by South African ForeignMinister Pik Botha that 350 SWAPO soldiers were poised on theAngolan/Namibian border ready to cross into Namibia at three different pointsduring the course of tonight.There is not a single SWAPO soldier in southern Angola south of the 16thparallel. SWAPO believes that once again the South African regime Is seeking tomislead world opinion and is distorting the truth to Justify fresh attacks uponSWAPO combatants who. may not yet have been able to leave Namibia.SWAPO has contacted the United Nations Secretary General tonight to informhim that it has no forces in Angola south of the 16th parallel. The confinement ofSWAPO forces to base in Angola is being monitored by UNTAG. ENDS.

3 May 1989.REPRODUCED BY THE NAMIBIA COMMUNICATIONS CF'NTRFPAC.F gN(]

PAGE 501 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRESTATEMENT BY THE SECRETARY-GENERALAT INFORMAL CONSULTATIONS OF THE SECURITY COUNCIL(NAMIBIA)4 MAY L989MR. PRESIDENT,DURING MY. ABSENCE FROM HEADQUARTERS. YOURPREDECESSOR WAS PROVIDED BY MY OFFICE WITH INFORMATIONWHICH ENABLED HIM TO KEEP COUNCIL MEMBERS ABREAST OFDEVELOPMENTS RELATED TO THE SITUATION IN NAMIBIA. AsTHERE HAVE SINCE BEEN OTHER IMPORTANT DEVELOPMENTS, IWOULD LIKE TO BRING YOU UP TO DATE ON THE IMPLEMENTATIONOF RESOLUTION 435.MTLTARY COMPONENT OF UNTAGTHE TOTAL STRENGTH OF THE MILITARY COMPONENT INNAMIBIA AS OF 2 MAY WAS 4,540. THIS FIGURE INCLUDES THE FULLCOMPLEMENT OF THE THREE ENLARGED INFANTRY BATTALIONSFROM FINLAND. KENYA AND MALAYSIA. IT ALSO INCJ /DES -29MILITARY OBSERVERS DRAWN FROM t4 MEMBER STATES ANDALMOSTALL THE MILITARY AND CIVILIAN SUPPORT AND LOGISTICPERSONNEL PROVIDED BY NINE MEMBER STATES.

REPRDUCD BYTHENAMBIA OMMNICTION CETREPAGE 50l2-2THE MILITARY COMPLEMENT IS DEPLOYED AS FOLLOWS:MLITARY OSERVERSt 61 IN OVAMBOLAND, 66 INCAPRIVI STRIP, 39 IN CENTRAL NAMIBIA. 17 AROUNDWALVIS BAY, 72 IN SOUTHERN NAMIBIA. AND 32 IN ANGOLA.NEANTRY BATTALIONS. THE FINNISH BATTALION HASCOMPLETED ITS DEPLOYMENT IN THE NORTHEASTERN SECTOR.THE KENYAN BATTALION IS BEING DEPLOYED IN THE CENTRALPART OF THE TERRITORY AND THE MALAYSIAN BATTALION, WHICHIS CURRENTLY CARRYING OUT RECONNAISSANCE ANDPATROLS IN OVAMBOLAND, WILL.BE FULLY DEPLOYED IN THENORTHWESTERN SECTOR AROUND MID MAY - BY WHICH TIME IHOPE THAT SOUTH AFRICAN FORCES WILL BE FULLYRESTRICTED TO BASE ONCE AGAINSUPPORT AND LOGISTIC UNITS. THESE ARE DEPLOYEDTHROUGHOUT THE TERRITORY IN SUPPORT OF BOTH THEMILITARY AND CIVILIAN COMPONENTS OF UNTAG.

DEPLOYM!NT oF UNTAG IN ANGOLAAS FAR AS THE RESTRICTION AND MONITORING OF SWAPO ARMEDPERSONNEL IN ANGOLA ISCONCERNED, AGREEMENT HAS BEENREACHED AMONG ALL CONCERNED THAT UNITED NATIONSMILITARY OBSERVERS WILL HAVE A PERMANENT PRESENCE INEACH OF THE LOCATIONS AT WHICH SWAPO ARMED PERSONNELARE TO BE RESTRICTED. THERE ARE NOW 32 SUCH OBSERVERS ZNANGOLA.REPRODUCED B Y THE NAMIBIA COMMUNICATIONS CENTREPAGI:: ;N7

PAGE 503 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-3THEIR MAIN TASK IS TO VERIFY THE RESTRICTION OF SWAPO TOBASE BY THE ANGOLAN ARMED FORCES. UNTAG (ANGOLA) HASESTABLISHED ITS HEADQUARTERS IN LUBANGO. A GROUP OFOBSERVERS HAS ALREADY BEEN DEPLOYED TO CHIBEMBA. WHERESWAPO ARMED PERSONNEL WHO HAVE MOVED NORTH OF THE 16THPARALLEL ARE BEING TEMPORARILY CONCENTRATED, PENDINGTHEIR TRANSFER TO OTHER SITES TO WHICH THEY WOULD BERESTRICTED BY THE ANGOLAN ARMED FORCES,LOGTSTTC PROBLEMSIN MY ORAL REPORT TO YOU ON 7 APRIL, I OUTLINED SOMEOF THE LOGISTIC PROBLEMS CONFRONTING UNTAG, SPECIFICALLYDELAYS IN THE DELIVERY OF ESSENTIAL COMMUNICATIONSEQUIPMENT AND VEHICLES. ALTHOUGH THE SITUATION WITHREGARD TO THE COMMUNICATIONS EQUIPMENT HAS GREATLYIMPROVED. THAT. OF VEHICLES CONTINUES TO POSE SERIOUSPROBLEMS. IT IS EXPECTED THAT THE BULK OF THE 1 000VEHICLES YET TO BE DELIVERED WILL ARRIVE IN NAMIBIA BYTHE THIRD WEEK OF MAY. THIS WILL GREATLY ENHANCE THEMOBILITY OF UNTAG.CIVILIAN COMPONENTOF UNTAGTHE MAZORITY OF THE UNTAG CIVILIAN COMPONENT IS NOWIN NAMIBIA. AS A RESULT, TEN REGIONAL CENTRES HAVE BEEN

PRPPaflhvffl aly ! Al. AvqIDIA I IIVuIvtj I l.JuVJ r..xlV A ic PAGE 504ESTABLISHED AND A SIGNIFICANT NUMBER OF DISTRICT CENTRESARE NOW OPERATIONAL IN VARIOUS PARTS OF THE TERRITORY.RBEISTRATION Of VOTERSWITH REGARD. O THE ELECTORAL REGISTRATION PROCESS. MYSPECIAL REPRESENTATIVE HAS REACHED AGREEMENT WITH THEADMINISTRATOR-GENERAL THAT THE VIEWS OF THE NAMIBIANPUBLIC SHOULD BE SOLICITED ON MATTERS PERTAINING TO THEPRINCIPLES AND PROCEDURES FOR THE REGISTRATIOA OF VOTERS

IN THE FORTHCOMING ELECTIONS. ACCORDINGLY, THEADmINISTRATOR-GENERAL, bN 24 APRIL L989, PUBLISHED FORGENERAL INFORMATION AND COMMENT A 'DRAFT REGISTRATIONOF VOTERS PROCLAMATION'. A PERIOD OF 21 DAYS HAS BEENESTABLISHED FOR THE RECEIPT OF COMMENTS AND VIEWS, AFTERWHICH MY SPECIAL REPRESENTATIVE AND THE ADMINISTRATOR-GENERAL WILL AGREE ON A FINAL TEXT, TAKING INTOCONSIDERATION THE VIEWS EXPRESSED. MY SPECIALREPRESENTATIVE WILL HAVE TO*BE SATISFIED THAT THf FINALTEXT IS OF THE KIND THAT WILL ENSURE THE HOLDING OF FREEAND FAIR ELECTIONS*POLICE MONITORSTHE. CURRENT TOTAL STRENGTH OF POLICE MONITORS INNAMIBIA IS 376. THE REMAINDER OF THE BUDGETED TOTAL OF 500IS EXPECTED TO ARRIVE IN NAMIBIA BY 6 MAY. Ai OF 2

PAGE 505 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREMAY THE THE POLICE MONITORS WERE DEPLOYED AS FOLLOWS:CENTRAL SECTOR - i071 NORTHERN SECTOR - 2531 SOUTHERNSECTOR - 16sTHE POLICE MONITORS HAVE CONDUCTED SEVERALINVESTIGATIONS. ESPECIALLY IN THE NORTH WHERE CERTAINALLEGED KILLINGS AVE BEEN REPORTED TO UNTAG. SWAPOL HASBEEN APPRISED OF THE ALLEGATIONS AND REQUESTED TO SUPPLYUNTAG WITH THE RESULTS OF ITS INVESTIGATIONS. IN SOMECASES IT HAS BEEN FOUND NE.CESSARY TO TAKE UP THE MATTERWITH THE $WAPOL COMMANDING OFFICER FOR THE NORTHERNREGION. IN ONE INSTANCE, THE SENIOR SWAPOL OFFICERCONCERNED WAS DISCHARGED'FOLLOWING COMPLAINTS FROMUNTAG. MY SPECIAL REPRESENTATIVE HAS ALSO INFORMED THEADMINISTRATOR-GENERAL THAT HE WILL ACTIVATE THE GOODCONDUCTw AND *SUITABILITY FOR CONTINUED EMPLOYMENT'PROVISIONS OF PARAGRAPH 9 OF THE SETTLEMENT PROPOSAL(SL2636) AS NECESSARY IN SPECIFIC CASES, AND WILL NOTHESITATE TO REQUIRE THE DISMISSAL.OF OFFICERS WHERECIRCUMSTANCES DICTATE SUCH ACTION.UNTAG's POLICE MONITORS HAVE ALREADY OBSERVED THECONDUCT OF SWAPOL IN REGARD TO POLITICAL DEMONtTRATIONSAND MARCHES IN VARIOUS PARTS OF THE TERRITORY. THISUNTAG PRESENCE HAS HAD A CALMING AND MODERATING EFFECTONBOTH DEMONSTRATORS AND POLICE.GIViN SOUTH AFRICA'S RESPONSIBILITY!FOR LAW AND ORDERUNDER THE SETTLEMENT PLAN. THE POLICE MONITORS HAVE A

REPRODVcED BY ThE NAJ44IB!A CQMMUNICATIQNS CENTREPAGE 506-6LARGE ROLE IN ENSURING THAT THE NECESSARY CONDITIONSEXIST FOR FREE AND FAIR ELECTIONS. I AM THEREFORE KEEPINGUNDER CONSTANT REVIEW THE POSSIBILITY OF INCREASING THEIRNUMBER ABOVE 500 AS PREVIOUSLY PLANNED. AND I MAY WELLNEED TO REVERT TO THIS MATTER.THE 3OTNT COMMTSSTONTHE 3OINT COMMISSION - FORMED BY ANGOLA. CUBA ANDSOUTH AFRICA - MET IN CAPETOWN FROM 27 TO 29 APRIL L989. IHAD ASKED MEMBERS OF THE 3OINT COMMISSION* AS WELL ASOBSERVERS IN THAT BODY, TO ENSURE THAT THE VIEWS OF THEUNITED NATIONS WERE FULLY HEARD BEFORE THE COMMISSIONADOPTED ANY DECISIONS AT CAPETOWN ON MATTERS WHICHWOULD REQUIRE ACTION BY UNTAG OR WHICH WOULD OTHERWISEAFFECT THE IMPLEMENTATION OF RESOLUTION 435. THIS REQUESTWAS REINFORCED WITH THE PARTIES ON THE SPOT BY MY SPECIALREPRESENTATIVE.ON 28 APRIL, THE UNITED NATIONS WAS INVITED TO ATTEND THESECOND AND THIRD PLENARY MEETINGS OF THE CAPETOWNSESSION OF THE 3OINT COMMISSION. AT THE SECOND MEETING. ITWAS ANNOUNCED THAT. ON THE PREVIOUS DAY - 27 APRIL.CERTAIN AGREEMENTS HAD BEEN ARRIVED AT BY CONSENSUSDURING'CONSULTATIONS AMONG HEADS OF DELEGATIONS. THEMAIN POINT AGREEED WAS THAT FOR A TWO WEEK PERIOD ENDINGAT 0600 HOURS LOCAL TIME ON 13 MAY L989. THE SOUTHPAGE 506REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

PAGE 507 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-7AFRICAN SECURITY FORCES WOULD BE RELEASED FROMRESTRICTION..1N ORDER TO VERIFY THAT SWAPO ARMEDPERSONNEL HAD RETURNED TO ANGOLA AND TO LOCATE AND LIFTARMS CACHES.NATURALLY, IWOULD 'HAVE PREFERRED THE PRINCIPALOUTCOME OF THE CAPETOWN MEETING TO HAVE BEEN A DECISIONREQUIRING THAT RESTRICTION OF SOUTH AFRICAN SECURITYFORCES TO THEIR BASES SHOULD CONTINUE WITHOUTINTERRUPTION. THAT WOULD HAVE HASTENED THE PACE-OFIMPLEMENTATION OF RESOLUTION 435 AND ALSO PRECLUDEDFURTHER CLASHES BETWEEN SOUTH AFRICAN FORCES AND SWAPOPERSONNEL,REGRETTABLY# THIS HAS NOT BEEN THE CASE., THERE HAVE

BEEN REPORTS OF RENEWED CLASHES BETWEEN SWAPO ANDSOUTH AFRICAN FORCES. MY SPECIAL REPRESENTATIVE HASEXPRESSEDCONCERN AND SADNESS OVER THESE INCIDENTS. HE HAS URGEDALL PARTIES TO EXERCISE MAXIMUM RESTRAINT WHILEREMINDINGTHOSE CONCERNED THAT IT IS IMPERATIVE THAT SWAPOPERSONNEL BE GIVEN SAFE PASSAGE TO THE ANGOLAN BORDER.YESTERDAY EVENING I MET WITH THE PERMANENTREPRESENTATIVE OF SOUTH AFRICA AND EXPRESSED MY GRAVECONCERN OVER CERTAIN ASPECTS OF THE PRESENT SITUATION-INNAMIBIA. IN PARTICULAR. I SAID THAT THE VERIFICATION OFWITHDRAWAL OF SWAPOARMED PERSONNEL FROM NAMIBIA DIDNOT REQUIRE THE RENEWED DEPLOYMENT OF SOUTH AFRICANSECURITY

DIlD.flI ir , V TIC A A /l9 A flAII.IIfATIlAAICf fTAIMV IA- 1 JfTOLD HIM THAT MY CONCERN HAS BEEN HEIGHTENED BY THENEWS THAT THE UNITS DEPLOYED INCLUDE THE I01 BATTALIONWHICH, GIVEN ITS REPUTATION. SHOULD NOT BE USED IN THEVERIFICATION OPERATIONS. I ASKED HIM'TO CONVEY MY EARNESTREQUEST THAT SOUTH AFRICAN SECURITY FORCES IN NhwVL61,5HOULI RETURN TO BASE WITHIN A PERIOID UCW SHORTER THAN 2WEEKS. I ALSO ASKED HIM TO CONVEY TO HIS AUTHORITIES MYURGENT REQUEST THATEVERYTHING BE DONE TO RESTRAIN THECONDUCT OF THE POLICE AND TO RESTORE THE CONCEPT OF ALIOHTLY ARMED CIVILIAN FORCE WHICH iS ENSHRINED IN THESETTLEMENT PLAN.MR. PRESIDENT. AS I HAVE SAID ON PREVIOUS OCCASIONS, I WILLCONTINUE TO KEEP THE COUNCIL INFORMED ABOUTDEVELOPMENTS.

PAGE ~~flQ ....,- ~~~ ~ l i r IV^mia IDI L.MUIILA IONS (.tNTREonfnr~5 L~*...,Issued by UNTAG secretariat in WindhoekC1I=14 SEr>JF ON B07M AS OF 9 MhY 1989Trbtal :nt=er: Total:nu.mr of wæerm:Antigua: >.zstria: Bahamas: Barbadæ: Belgitbn: Belize:Brazil:Chna f cblæ:ria: cypruå:D~:Fcåador: Ethiap ia:GabiØ:Qhanai Gre~ÉHait±iIndæia;vyoast:

Jamaica: 10Lesotho:?ethelarKls: 2 New Zealand1: 2 Nigeria: 3Norway:3 Pakistan: iPZIetine: 2Peru: 4P=nania:Siterra Loe: 2 Spain: 294an:i ~en: 5Swit2eland: 2 Syria.* iTanzania: 2'Ihailarni: 6Trinid&dfIbbaqp 7 'ftcisia: iTurkey: iU~a~a 7UK2:......... 28Uxikuy: iUSA: 28USM: 9Yemn: i.Zaire: 2Zaziba: i.Zimbabw.e: 2280PAng gnq

DcDDAnhIrrfl DV TLIC AlA RAIDIA Ir~AAAAIAI5.~AT5,~AIC rrAITDr5*~**U~~*J ~ Sfl INn. m.na..nnn ~IV5IVflJIV5I..fl U flJIVJ tL5V I flLrMuE ~ IUOFFICIAL GAZETTEEXTRAORDINARY OF SOUTH WEST AFRICA BUITENGEWONEOFFISIELE KOERANTVAN SUIDWES-AFRIKAPUBLISHtD BY AUTHORITYUITGAWE OP GESAGRO,30 TIzesday 9 May 1989 WINDHOEK Dinsdag 9 Mei 1989No. 5710CONTENTS:INHOUD:AG. PRWOCLAMATIONAG. PROKLAMASIENo. AG. 6 Transfer of Powers of RepresentativeAuthorities to Administrator.Gencrml .PROCLAMATIONby the,

ADMINISTRATOR-GENERAL FOR THE TERRITORY OF SOUTH WESTAFRICA(Approved by the State President on8 May 1989)No. AG. 8.1989TRANSFER OF POWERS OF REPRESENTATIVE AU'I'HOKI IIt 'iUAIJMtNISTRATORGENERALUnder the powers vested in me by Proclamation 181 of 19 August 1977, 1 herebymake the laws set out in the Schedule.LA. PIENAARAdmin4tratot.Gencra Windhoek. 8 May 1989No. AG. 8 Oordrag van Bevocgdh' d van Verneenwoordigende Owerhde aanAdministrateur-genemal .............PROKLAMASIEvan dieADMINISTRATEUR-GENERAAL VIR DIEGEBIED SUIDWES-AFRIKA(1eur die Staatspresident goedgekeur op8 Mei 1989)No. AG. 81989OORDRAG VAN BEVOEGDHEDE VAN VERTEENWOORDIGENDEOWERHEDE AANADMINISTRATEUR-GENERAALKragtens die bevoegdheid my verleen by Proklamasie 181 van 19 Augustus 1977,maak ek hierby die wette in die Bylac vervat.L.A. PIENAARAdminstrateut.ge-rmaaWindhoek. S Mei 1989Blad yIorDf nn ., -lrlovY I r 11 Ii toliP t-.nAlAAJA ll~ INI.JW v.IAI N d ~" |

PAGE 511 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREOfficial Gazette Extraordinary 9 May 1989SCHEDULEDefinitionsBYLAEWoordomskryvwings1. In this Proclamation, unless the context indicates otherwise(i) "executive authority" means an executiveauthority as defined in section 1 of the principal Proclamation, and includes thechairman or any other member of such anexecutive authority; (iv)(ii) "legislative authority" means a legislative

authority as defined in section I of theprincipal Proclamation; (vi)(iii) "population group" Tne-nm a populationgroup specified in section 3 of the principal Proclamation; (i)(i%) "rtpresentativ. authority" mean.% arepresentative authority as defined in section I of the principal Proclamation; (v)(v) "territory" means the territory of SouthWest Africa; (iii)(vi) "the principal Proclamation" means theRepresentative Authorities Proclamation,1080 (Proclamation AG. 8 of 1980). (ii)Validity pf certain laws in relation to legislative authorfiis and executiveauthorities2. Subject to the provisions of this Proclamation. the laws specified in theAnnexure, in so far as they relate to the establishment, constitution and powers oflegislative and executive authorities of representative authorities, shall cease to beof any force and effect in the territory to the extent specified in the third columnof the Annexure.1. In hierdie Proklamasie, tensy uit die samehang anders blyk, beteken(i) "bevolkingsgroep" 'n bevolkingsgroep inartikel 3 van die Hoofproklamasie vermeld; (iii)(ii) "die Hoofproklamasie" die Proklamasieop Verteenwoordigende Owerhede, 1980(Proklamasie AG. 8 van 1980); (vi)(iii) "gebied" die gebied Suidwes-Afrika; (v)(iv) "a,,tvnerinde. nwerheid" 'n uitvoerendeowerheid soos in artikel I van die Hoofproklamasie omskryf, en ook die voorsitterof enige ander lid van so 'n uitvocrendeowerheid: (i)(v) "verteenwoordigende owerheid" 'n verteenwoordigende owerheid soos inartikel I van die Hoofproklamasie omskryf; (iv)(vi) "wetgewende owerheid" 'n wetg wendeowerheid soos in artikel I van die Hoofproklamasie omskryf. (ii)Regskrag van sekere wetr met betmkking tot wetsewende owerhede enuitvoerende owerhede2. Behoudens die bepalings van hierdie Proklamasie hou die wette vermeld in dieAanhangsel, vir sover dit op die instelling, samestelling en bevocgdhede vanwctgcwende en uitvoerende owerhede van verteenwoordigende owerhedebetrekking het, op om in die gebied van krag te wees in die mate in die derdekolom van die Aan. hangsel vermeld.2No. 5710PAGE 511REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUIr RV THE PUIRIAr CAUA11AIWA ThAiCr fRTDr I

Buitengewone Offisitle Koerant 9 Mei 1989Ran.fer of certain powers, duties, functions, rights and obligations toAdministrator-General3. (1) As from the commencement of this Proclamation(a) all the powers, duties and functions which(i) vested in an executive authority by virtue of the principal Proclamation;(ii) have been conferred upon or assignedto an- executive authority under anyother law,and which vested in that executive authority immediately before suchcommencement shall vest, together with the rights and obligations connectedtherewith, in theAdministrator-General;(b) every member of every legislative authorityand executive authority who immediately before the commencement of thisProclamation served as such a membet. shall vacate his office;(c) the service of every member referred to inparagraph (b) shall, for the purposes of the provisions of any law on pensions formembers of legislative and executive authorities, be deemed to be terminated atsuit commencement;(d) any law of a legislative authority which immidiately before thecommencement of this Proclamation was in force in the territory shall, subject tothe provisions of section 4, continue in force in so far as it was so in force untilrepealed or amended by acompetent authority;(e) any law passed by a legislative authority before the commencement of thisProclamation, but which has not been assented to in terms of the provisions of theprincipal Proclamation, may be assented to as if the last-mentioned provisions hadnot in terms of section 2 ceased to be of forceand effect;Oordrag van sekere bewoegdhede, pligte, werk. saamhed, regte enverpligtinge aanAdminitrateur-generaal3. (1) Vanaf die inwerkingtreding van hierdie Proklamasie(a) berus a! die bevoegdhede, pligte en werksaamhede wat(i) uit boofde van die Hoofproklamasieby 'n uitvoerende owerheid berus bet;(ii) kragtens 'n ander wet aan 'n uitvoerende owerheid verleen of opgedra is,en wat onmiddellik voor daardie inwerkingtreding by daardie uitvocrendeowerheid berus bet, tesanle met die regte en verpligtinge wat daarmee in verbandstaan, bydie Adminiftrateur-generaal;(b) ontruim elke lid van elke wetgewende owerheid en uitvoerende owerheid waronmiddellik voor die inwerkingtreding van hierdie Proklamasie as so 'n lid diensgedoenet, sy amp;

(c) word die diens van elke lid in paragraaf (b) bedoel, by die toepassing van diebepalings van die en of ander wet op pensiocne vir lede van wetgewende enuitvoerende owerhede, by bedoelde inwerkingtreding geagbetindig te gewees het;(d) bly 'n wet van 'n wetgewende owerheid wat onmiddellik voor dieinwerkingtreding van hierdie Proklamasie in die gebied gegeld bet. behoudens diebepalings van artikel 4, van krag vir sover dit aldus gegeld bet totdat dit deur 'nbevoegde gesag herroep ofgewysig word;(e) kan toegestem word tot 'n wet wat deur 'n wetgewende owerheid voor dieinwerkingtreding van hierdie Proklamasie aangeneem is, maar waarin nog nieingevolge die bepalings van die Hoofproklamasie toegestem is nie, asoflaasgenoemde bepalings nie ingevolge artikel 2 opgehou het omregskrag te hE nie;No. 5710I A f'r" J 4

SGsPAGE 513 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREOfficial Gazette Extraordinary 9 May 1989 No. 5710(f) anything done by an executive authority inconnection with a power, duty or function referred to in paragraph (a), shall bedeemed to have been done by theAdministrator-General.(2) The Administrator-General may at any time in his discretion by notice in theOfficial Gazette(a) determine that any defined niatter, as defined in section 1 of the principalProclamation, shall, for purposes of section 25 of the principal Proclamation, bedeemed not to be such a defined matter in relation to a representative authorityspecified in such notice, and that such a matter shail, for the purposes of section46(2) of the principal Proclamation, be deemed to be a matterother than a defined matter;(b) determine that the provisions of section 29of the principal Proclamation shall, in relation to a represenlative authorityspecified in such notice, be deemed not have beenenacted,and may it any time in his diseretion by like notice amend or withdraw such anotice.(3) Thi provisions of section Slter(2) of the principal Prolamation shali as fromthe date of the notied referred to in subsection (2) of this section apply mutatismutandis in relation to the matter specified In that notice or a matter referred to insection 29 of the principal Proclamation, as the case may be.Interpretation of lawi4. For the purposes of the provisions of the principal'Proclamation, as applied inaccordance with the provisions of section 3 of this Proclamation

(a) a reference to an ordinance of a legislativeauthority in sections 4(1). 38(1) and 48bis(3). shall be construed as including areference to a proclamation by theAdministrator-General;(f) word enigiets wat deur 'n uitvoerendeowerheid in verband met 'n bevoegdheid, plig of werksaamheid in paragraaf (a)bedoel, gedoen is, geag deur die Administrateur-generaal gedoen te geweeshet.(2) Die Administrateur-generaal kan te eniger tyd na goeddunke by kennisgewingin die Offsiee Koerant(a) bepaal dat die een of ander omskrewe aangeleentheid. soos in artikel 1 van dieHoofproklamasie omskryf, vir die doeleindes van artikel 25 van dieHoofproklamasie, met betrekking tot 'n verteenwoordigende owerheid in diekennisgewing vermeld, geag word nie so 'n omskrewe aangeleentheid te wees nie,en dat so 'n aangeleentheld, vir die doeleindes van artikel 46(2) van dieHoofproklamasie, geag word 'n ander aangeleentheid as 'n omskreweaangeleentheid te wees;(b) bepaal dat die bepaings van artikel 29 vandie Hoofproklamasie met betrekking tot 'n verteenwoordigende owerheid in diekennisgewing vermeld, geag word nic verordente gewees het iie,en kan te eniger tyd na goeddunke so 'n kennisgewing by dergelike kennisgewingwysig of intrek.(3) Die bepalings van artikel Slter (2) van die Hoofproklamasie is vanaf die datumvan 'n kennisgewing in subartikel (2) van hierdie artikel bedoel mutatis mutandisvan toepassing met betrekking tot die aangeleentheid in daardie kennisgewingvermeld of 'n aangeleentheid in artikel 29 van die Hoofproklarnasie bedoel, nagelang van die geval.Uitleg van we#e4. By die toepassing van die bepalings van die Hoofproklamasie, soos toegepasooreenkomstig die bepalings van artikel 3 van hierdie Proklaraatie*(a) word 'n verwysing na 'n ordonnansie van'n wetgewende owerheid in artikels 4(1), 38(1) en 48bis(3), uitgela as 'nverwysing ook na 'n proklamasie van dieAdministrateur-generaal;

REPRODUCED BY THE NAMIBIA COMMAICA TIONI CFNJTRFBuitengewone Offisiële Koerant 9 Mei 1989(b) a reference to the date on which a legislativ authority became empowered tomake ordinanees by virtue of a proclamation under section 14(2) shail, except insections25(b) and 28, be deemed to be deleted;(c) the Administrator-General shail, except forthe purposes of sections 4(1) and 38(1), but subject to Proclamation 181 of 1977,be deemed to be the legislative authority ofcvery representativc authority;

(d) the reference to an executive authority insection 27(2), where it occurs for the seCond time, and in section 27(3), where itoccurs for the first time, shall be construed as a reference to the revenue fund ofthepopulation group concerned;(e) the words "on which that legislativeauthority may make ordinances by virtue ot a proclamation issued under section14(2)" in section 33(1)(a), shall be deemedto be deleted;(f) a reference to an appropriation ordinancein sections 34(3) and 38(3)(a)(vii), shall be construed as a reference to anappropriatibn proclamation by the Administratorceneral;(g) the words "and the relevant expenditureshall be submitted to the legislative authority for appropriation not later than itinext ensuing session" In section 34(3),sliall be deemed to be deleted.Pending legal proceedings5. In any legal proceedings instituted by or against any executive authority beforethe commencement of this Proclamation and in which the executive authorityconcerned is a party, the executiye authority concerned shall be deemed to havebeen replaced by the Administrator-General as a party to those proceedings, andthe proceedings may, after such notice, if any, as the Court may deem expedientin any particular case, be proceeded with and disposed of by or against theAdministrator-General as if the executive authority in relation to thepopulation group concerned had at all relevant times vested in the(b) word 'n verwysing na die datum waarop 'nwetgewende owerheid uit hoofde van 'n proklamasie kragtens artikel 14(2)bevoeg geword het om ordonnansies te maak, behalwe in artikels 25(b) en 28,geag geskrap te wees;(c) word die Administrateur-generaal, behalwevir doeleindes van artikels 4(1) en 38(1), maar behoudens Proklamasie 181 van1977. geag die wetgewende gesag van elkeverteenwoordigende owerheid te wees;(d) word die verwysing na 'n uitvoerende owerheid in artikel 27(2), waar dit dietweede keer voorkom, en in artikel 27(3), waar dit die eerste keer voorkom,uitgel8 as 'n verwysing na die inkomstefonds van diebetrokke bevolkingsgroep;(e) word die woorde "waaroor daardie wetgewende owerheid uit hoofde van 'nproklamasie kragtens artikel 14(2) uitgevaardig, ordonnansies kan maak" inartikel33(1)(a), geag geskrap te wees;(f) word 'n verwysing na 'n begrotingsordonnansie in artikels 34(3) en38(3)(a)(vii), uitgele as 'n verwysing na 'n begrotingsproklamasie van dieAdministrateur-generaal;(g) word die woorde "en die betrokke uitgawes

word nie later nie as die eersvolgende sessie aan die wetgewende owerheid virbeskikbaarsteUing voorgelé" in artikel 34(3), geaggeskrap te wees.Hangende ,resgedinge5. In enige geregtelike verrigtinge wat voor die inwerkingtreding van hierdieProklamasie deur of teen 'n uitvoerende owerheid ingestel is en waarin diebetrokke uitvoerende owerheid 'n party is, word die betrokke uitvoerendeowerheid geag deur die Administrateur-generaal as party by daardie verrigtingevervang te gewees het, en die verrigtinge kan, na die kennisgewing, indien daar is,wat die Hof in 'n bepaalde geval dienstig ag, deur of teen die Administrateur-generaal voortgesit en afgehandel word asof die uitvoerende gesag met betrekkingtot die betrokke bcvolkingsgroep te alle tersaaklike tye by die Administrateur-No. 5710REPRDUCIBYTHNAMIIACO UNI4TIOSCE RE Ar- r-14

PAf~F ~ REPRODUCED BV THE NAMIBIACOMMUNICATIONS CENTREOfficial Gazette Extraordinary 9 May 1989No. 5710Administrator-Generftl and the proceedings concerned had been instituted by oragainst the Administritor-GCflCral.Short title and commencement6. This Proclamnation shall be called the Representat ive Authorities Powers'ftansfer Proclamnat ion, 1989, and shall be deemned to have comne intooperation on 1 April 1989.ANNEXURELAWS WHICH CEASE TO BE OF FORCEAND EFFECT IN TERRITORY(Section 2)Column 3column 2Column 3No and year rille of law Extern to which la% eesseof iaw to be of force antd effectgeneraal berus het en die betrokke verrigti nge deur of teen die Administrateur-generaal ingestel is.Kort titel en inwerA-ingtreding6. Hierdie Proklamnasie beet die Proklaniasie op die Oordrag van Bevoegdhedevan Verteenwoordigende Owerhede, 1989, en word geag op 1 April 1989 inwerking te getree het.AANHANGSELWETTE WAT OPHOU OM IN GEBIED VANKRAG TE WEES(Arikel 2)Kolom 1Kolom 2

Kolom 3No en jaar Titel van wet Mate waarin Wel ophouVan %Vel om van krat te weesPwclmatinn. RepresenlativeAi. 11 of 1W10 Attthoritie>1980The whote, "CCePt stetiont 1, e>.tpi ir . t ar as lit e. lat zo tbe delistiticits of"Assembly". "election" and '-Offici.t Geztue". 2. 3, 4, 22<». 25. 21. 29, cept in tofam al ft relmi to smcion 10(3xe) of tbe Government Sasic Act. 1980 (Act No. 2of 1980), )11, 32. 33<1). 34. 36(1). 38(t). (2) anti (3>. 45. ^6 48, 4WLb. 49., 51.$2, 53 and the ScheduleProlanaut Preklamasie opDie scheel. behalwe artikels t. behalw,, vit sr"re dii op die omsrI-rwings-an VIfluitle koerent". "Vergaderine" en "vrke sin&" betrekking het. 2. 3. 4, =21).2$, 27. 29, behalwe vis sover dit op artikel 30(3>(c) van die Rhgengsdenswel.1990 ~V~ No. 2 van 1980). betrekking het. 31. 32. 33(1). 34. 36(1). 38(1), (2>en (3>, 45. 46. 4. ~x's 49, $0. 31.-s52. $3 en die ovlatProeamation Rewrative The whol. t wectionsAG 12 of 1980 Authority of the 2 and 18Whlts Proclama.ti^, 1990Pmclamation RepreemativeAG. 14 of 1900 Aathority of thcColoured, Procla.mation. 1980Proclama:ion RepmeenlativeAG. 23 of 1980 Authority of the<>-&mbo&prcil.wation. 1980The whole, ~cet iections2 anti 25The wvt, e~ sections 2Z 26. 27. 28, 29. 32. 33. 35. 36 andi 37Proklamauie Proklamisie opAG. 12 vs 1980 die Verteenwooordi.#eode Owerheid van die Blanke,.1980Proklamasie Proklarnasie opAG. 14 van 1980 die Vteetnwoordi.gende Owerheid van die Kleurlinge.1980Die geheel. belaalwe a&nikels 2 en ISDie geheel, behalwe antikel, 2 en 25Proklamasie Ptoklamasie op Die scheel. behalwe &niîAG. 23 van 1980 dieVerteewoordi- kels 2. 26, 27, 28, 29, 32,gendt Owe*rheid 33, 35. 36 en 37van die Ovambds.

1980PAGE 515REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

PAGE 517Official Gazette Extraordinary 9 May 1989Proclamation National Assem- Section I, in so fir m it re.AG. 3 of 1983 bly and Council of lates to ction 14 of theMinisle Procla- principal Proclamationmtilons RepealProclamaon,1983Proclamation; Administration of The wholeAG. 20 of 1914 the Affairs of theCaptivians Procla.mation. 1984Proklamask¢ Poklamasir opAG. 3 van 3981 the Hcrrotpingvan die Proklama.sie op die Nasio.nale Vergadering en die bMinistersrad, 198.Artiket 1, vir wvcer dih op nLike) 14 van die Hoof. proklamasie bctrekkinS hetProklamaite Prokiamasic op Die &eheelAG. 20 van 1934 die Administrasievan die Sake van die Capriviane,l994Proclamation. RepresentativeAG. 40 of 19f4 AuthoritiesAmendmentProclamation,1984The whole, except sections 4, 7. 9 and 10Proklamasie WysigingsproklaAG. 40 van 1984 msie op Verieen.woordigeadcOwerhede, 1984Dit Scheel, behaiwe ari. kels 4, 7, 9 en 10Proclamation, Repreentative The wholeAG. 41 of 1954 Atuthority of theWhites Amend.ment Proclama.lion. 1984Proklamasie AG. 41 van 1984Wysigittisprokla- Die ieheel masie op die Verteenwoordigende Owerheid van dieBlarkes, 1984Printed byJOHN MEINERT (PTY) LTD.

Obtainable fromSTAR BINDERS & PRINTERSP.O. Box $6, WindhoekSouth West AfricaGedruk deurJOHN MEINERT (EDMS) BPK.Verkrygbaar bySTAR BINDERS & PRINTERSPosbus 56, WindhoekSuidues-AfrikaR~PRODI1CFrs RV TJJ~ NAAAIrnA fI~AAaMIAIWAT1AAI~ jrATDCWi-i ~'stnREPRODUCi BYTHENAMIB rQ -"A"rA'r'QPJcrrA"r0rN's 4t'? I A

REPRODIICPED RY TH A MIRI CO MI IMICA TIflAIC FTREIDArt rt:Buitengewone Offisiële Koerant 9 Mei 1989Proelamation RPvesnîative Tbc wvhole, cxept seciongAD. 26 of 3980 Anthority of tbc 2, 26. 27, 28, 29, 32, 3, Kavangos Procla. 35,36 and 37 snaton, 1910Proelamation Repeentative Thc whole, except seetiontAD. 29 of 1980 Antority of tbe 2, 26. 27, 28. 29, 32, 33, Caprivians Prodia. 35.36 and 37 :station 3980Proeilmation Represezttative^G. 32 of 19110 As~ority of tbcmadeon. 3980Prodlarnation. kpeeeaativeAD. 35 of 3980 Antority of &teNaffas PeasnadOet 1980Tbe whole txcpt sections 2,24,25, 28. 29,31 and 32Thc whole, aceept sections2. 27, 28. 29. 30 and 31Peocainaion epreentaive Thc vhole, eicept setions AO. 41 of 19810 A~uotaea1, 5 nd 6Amnedmnt Prodanauion,tmProclamnanon. Kapersate The "holt. ecept sectionsAG. 47 of 1980 Autjiority of tbc 2. 24, 25 and 28 Tswans Prodamaion. 1980Proelamnation RepresentstiheAG. 50 of 1980 Asithority of the mereros ~I-da Maison. 1980The *holt. except sections 2, 26,27, 28. 29. 32. 33. 34 and 3SProklamalie Proktainaie op Die geheel, behalwt arti.AD. 26 van 3980 die Vertenwoofdi. kels 2. 26. 27, 28, 29, 32, &enide Owerheid33, 35. 36 eni 37 van die J(avango't, 1980

Ploklamatie Psoklamasie op Die geheel, beltalwe art iAD. 29 van 1980 dieVerteen'êoordi. kets 2. 26, 27, 28, 29, 32,&ende Owerhdid 33, 35. 36 en 37van die Caprivi.ane, 1980Proklamasie Proklamaj op Die geheel, beholwe artiAG. 32 van 1980 ditVerteenwoordi. kels 2, 24, 25. 28, 29, 33 en#ende Owcrheid 32na die Dain~rs, 1980Proklamnasie Proklamasie op Die seheel, behalweat^G. 35 van 1980 dieVerteen-oordi- bels 2, 27, 28, 29, 30 en 31&ende Overheid van die Narnag,1980Pwoklarasie Wyigingsproklm. Die geheel, behalwe art!^G. 43 v-an 1980magie op Veteen. kels 1, 3 ens 6woordigendeOwerhede, 1980Proklamasie Proklamatie op Die geheel, behalwe arti^G, 47 van 1980 dieVerteenwoordi. keh 2, 24, 25 en 28 ~ene Owerheid van die Tswanas. 3980Pioklamasie Proklamasit op bie geheel, behalwe arti.AG. 50 %ran 1980 die Verteenwoordi- kels 2. 26, 27, 28. 29, 32, gendeOwerheid 33, 34 en 3S van die Ilereros, 3980Prodamatiod reesenaive Tbc wholtAD. 69 of 1980 /wthority of thc ~4ms A~-nd moat Prodama. timn 19&0?roktimasie Wysfgingsprokla. Die gebeel^G. 69 van 1980 magie op die %wteenwoordigestdeOverheid van dieNams 3980^G. 4 of 1981 ÂatkorâuasAmedmtw PtDdalo 181Seetion 1, in $o far al li relates co sectien 451er of the p~icpal ProclamationPtoklamatie Wy'sitingsproklaAD. 4 van 3981 magie op Verteenw~odgendeOwerhedi, 1981Artikel 1. 4ü soeft dit op artikel 48ter van die 8laofpsoklamnasie betrekking betProdansation aepreerative The *holt^c. i8 Of 1,83 Aethoey of the Heereo Amend~~ Prodamatiofn. 1981Act No. 1 of 3982. State Finance At. Seeion 4(2) and (3>. as 1982 dee~eto be mmeded byoeeson 38(3»)(lI of tbe pristapal ProdamatsonProklarnasie W>iigingsprokla. Die geheelAD. t8 van 1,83 m~ci op die VerteenwoordigendeOwerheid van dieHetero's, 1983Wet No. 1 ma Wel op Staaltra- Artikel «(2> en (3). soos1982 nausies, 3982 deur artikel 38<3>(b)ivan die Hoofproklamna ie gea& gewysia te Wees

No. 5710

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 518~w~ INTAGN A M I B I AMISSIONUPDATECOMPLETION OF UNTAG RECEPTION PHASETODAY, 10 MAY 1989, MARKS THE END OF THE RECEPTION PHASEOF THE MILITARY AND CIVILIAN POLICE COMPONENTS OF UNTAG.SOME 4500 PEACEKEEPING TROOPS, THEIR VEHICLES ANDEQUIPMENT WERE MARSHALLED FROM ALL CORNERS OF THEWORLD AND MOVED BY SEA AND AIRTO NAMIBIA BETWEEN 8 MARCH AND TODAY.THE COMPLEX TASK OF ACQUIRING THE APPROPRIATE VESSELSAND AIR RESOURCES NEEDED TO EXECUTE THIS HISTORICMOVEMENTNECESSITATED CAREFUL COORDINATION IN NEW YORK, HERE INNAMIBIA AND AT SOME 33 DEPARTURE POINTS AROUND THEWORLD. ONCE IN THEATRE, THE MANAGEMENT OF TRANSITACCOMMODATION AND FEEDING, THE RECEPTION/UNLOADING ANDONWARD MOVEMENT BY AIR, RAIL AND ROAD OF TROOPS ANDTHEIR EQUIPMENT WAS COMPLETED WITHOUT ANY CASUALTY,INCIDENTS AND IN A MOST EFFICIENT MANNER.PLANNING OF THE DEPLOYMENT AND RECEPTION PHASES OF THEUNTAG MISSION COMMENCED IN AUGUST 1988 WHEN NATIONSSECONDED SPECIALISTS FROM VARIOUS DISCIPLINES TOUNITED NATIONS HEADQUARTERS IN NEW YORK TO WORK WITHOPERATIONAL PLANNERS IN THE SECRETARIAT OF THE UNITEDNATIONS, ESPECIALLY FIELD OPERATIONS DIVISION. -AN INITIALPLANNING TEAM OF SEVEN DEVELOPED SEVERAL CONTINGENCYPLANS FOR THE EXECUTION OF UNTAG, CONFIRMED THE VALIDITYOF THESE PLANS DURING THE UNITED NATIONS' TECHNICALMISSION DISPATCHED TO NAMIBIA IN OCTOBER 1988, AND ON 29FEBRUARY 1989 BEGAN IMPLEMENTING THE VARIOUS LOGISTICALARRANGEMENTSCOMMENSURATE WITH THE GUIDELINES OF THE SECURITYCOUNCIL AND GENERAL ASSEMBLY, AND BUDGETARYLIMITATIONS. THE INTERNATIONAL RECEPTION/ASSISTANCE TEAMWAS FORMED ON 8 MARCH 1989 AND COMPRISED SOME 70 PEOPLEOPERATING IN NEW YORK AND TWELVELOCATIONS HERE IN NAMIBIA. THE MAJOR TASKS INVOLVED WITHTHE RECEPTION PHASE INCLUDED MOVEMENT OF UNTAGPERSONNEL BY SEA AND AIR, CONTROL OF MOVEMENT(AIR, RAILAND ROAD) WITHIN NAMIBIA, TRANSIT ACCOMMODATION AND

FEEDING OF INCOMING TROOPS, MEDICAL SERVICES AND AIRPORTMANAGEMENT OPERATIONS. THE INITIAL PLANNING TEAM ALSOPROVIDED THE NECESSARY ASSISTANCE TO THE INTERNATIONALAND MILITARY STAFFS OF THE NEWLY FORMED UNITED NATIONSMISSION INNAMIBIA.../2United NationsTrnmitiori Assismnce Grout

PAGE 519 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREUNTAGN AM I B IA-2IN TERMS OF STATISTICS, THE RECEPTION/ASSISTANCE TEAMHEADED BY LCOL J-R HINSE (CANADA) AND ASSISTED BY LT. COLCOTTERMAN (USA) IN NEW YORK AND MAJOR VIC SURRIDGE (U.K.)IN NAMIBIA, HANDLED:A. THE AIR MOVEMENT AND AIR OPERATIONS CONTROL OF 5000MILITARY PERSONNEL, POLICE MONITORS AND CARGO VIA A MIXOF SOME 75 MILITARY AND CIVILIAN CHARTER FLIGHTS;B. THE SEA MOVEMENT OF:(1) FIVE MARINE VESSELS;(2) 637 VEHICLES OF ALL TYPES;(3) 309 SEA CONTAINERS OF VARIOUS SIZES;(4) 10000 TONS OF CARGOB. THE APPROPRIATE FEEDING AND ACCOMMODATING OFARRIVINGUNTAG PERSONNEL IN 12 DIFFERENT TRANSIT LOCATIONS.D. THE DEPLOYMENT OF 21 UNTAG AIRCRAFT.THE COMPLEX AND GIGANTIC TASK OF GETTING UNTAG IN PLACEINVOLVED PLANNING, COMMUNICATIONS AND OPERATIONS INTOVIRTUALLY ALL PARTS OF THE WORLD. IT HAS BEEN VERYSUCCESSFUL, DUE TO THE DEDICATION AND EXPERTISE OF ANINTERNATIONAL TEAM OF SPECIALISTS (MILITARY AND CIVILIAN)WHO WERE ABLE TO ADAPT VERY QUICKLY TO THE TASK AT HANDAND ENSURE THE RAPID DEPLOYMENT OF THE MILITARY ANDPOLICE MONITOR COMPONENTS OF UNTAG.

DED^n"1irrr DV TurAIA AIDA dl-^ ii IAIAIA Tf^A,flC~'8LSLL M III.5flVlIIl 'Vtvi/V~f flSV L InIfc rmuc:>4u*) UNTiLAGN A M I B l ASt.atus Report on LJ!AG Military OC~~entPRESS11my98

RELEASE11 99Total UI militarY pers=nel in Namibia as of 11 May: 4493.Break~n by naticnality:304 Australia 25 Bangladesh 301 Ca~a 20 Czed=s1æaa 132 De2nerk 887Finlandl 21 India 20 Irelard 94 Italy 889 K~~y889 ~ ~ayi 19 Panm 20 Pakistan 20 Peru373 Poland 85 SEcn 20 Sudan 149 Switzer1and 25 Togo 175 LUK_25 Y'.!2ravia4493 T=~Prsoonf 2

! t DA( . D;Irrr1 ir . l DV TUC IlA IIDI/n.S A IfTh EJ I1nAicVIIflJIVItt I flJUvJ ,WVIIflRantaor ban bir Qrmini!taTzur-6rnrraal Offirt of tbl 5bnminjrrator-OrnzrlNEWS RELEASE AG 5/312 May 1989IMMEDIATEThe Administrator-General confirmed today that the proposed CitizenshipLegislation (AG 4/14) is now under review.Advocate Pienaar, after a closer study of the proposed act, and particularly inview of the uncertainty created among certain poipulation groups, has requestedthe South African Department of Internal Affairs to consider amendments to theproposed Act.The Administrator-General has been informed that this request is receiving thenecessary attention.Edquiries:G Roux Tel. 36630 x 230DA .I= K')I

" "REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 522N A MI B I A15 May 1989The joint working group established by theAdministrator-General and the Special Representative of the Secretary-General tolook into all aspects of the principle of impartiality in the implementation ofSecurity Council Resolution 435 had its first meeting this morning at theTintenpalast. Mr. Kobus Bauermeister of the Administrator-General's office, whois co-chairman with Mr. Cedric Thornberry of the Special Representative of theSecretary-General's Office, presided. The meeting was also attended by seniormilitary and police officers from the security forces and from UNTAG. Theworking group established its rules of procedure, looked at the parameters of itsterms of reference, exchanged ideas and documents, and agreed to meet again onThursday 18 May at 10.00 hours. The meeting was conducted in a co-operativeand constructive spirit.

PRESS RELEASE-7 7, , 7777_77:77 77r-I" AUNtAG

PAGE 523 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRER.antoor ban bie 9mintr-atrur-gtnraaeffirr of tje 9bmini5trator-genmINEIS RELEASE AG 5/317 May 1989IMMEDIATETHE OFFICE OF THE ADMINISTRATOR-GENERAL ISSUED THEFOLLOWING STATEMENT THIS AFTERNOONThe Administrator-General, Advocate Louis Pienaar says that unless theconfinement of PLAN-elements in their bases above the 16th parallel could beeffectively monitored no guarantees could be given that the PLAN-incursion ofApril 1 would not be repeated. Mr. Pienaar said that this issue was raised at therecent J C meeting at RuaCana.Mr. Pienaar was speaking at a meeting attended by more than 500 communityleaders and farmers of Otavi, Tsumeb, Outjo, Otjiwarongo and Grootfontein. Hesaid that he appreciated the concern and misgivings of the communities, sincethey had over the years experienced the tragic consequences of such incursions.He wished however, to assure not only these communities, but all Namibians, thatthe situation was being carefully watched during the current process ofnegotiation.Mr. Pienaar said that with SWAPOL at his disposal he remained firmlycommitted to the maintenance of law and order throughout the 435implementation process. He reacted strongly to suggestions that unless certaindemands were met by June 1 elements of the communities would -"take mattersinto their own hands". Mr. Pienaar said that he could and would not tolerate suchthreats. He suggested that all available energy should rather be applied toparticipation in the party political processes. Advocate Pienaar said that he wantedto make it quite clear that Res. 435 would have to be implemented. Its successfulconclusion would not only bring pe-ace to Namibia but further enhance prospectsfor peace and economic stability in the western region of Southern Africa.Mr. Pienaar said that a number of issues remained to be resolved, such asimpartiality to which both UNTAG and his Administration were committed, aswell as the scourge of intimidation. Both he and the Special Representative andtheir staff were giving these and other practical implementation procedures theirfullest attention.Enquiries: G RouxTel. 36630 x 230

7 GREPRODUCED BY THENAMIBIA COMMUNICATIONS CENTREPAGE 524OIMT PRESS STATEMENTDELEGATIONS OF THE PEOPLES REPUBLIC 0? .21GOLA, THEREPUBLIC OF CUBA AND THE REPUBLIC OF SOUTH AFRICA, THE1,1EMBERS OF THE JOINT COiISSION, MET AT RUACANA ANDCAIRAMA, PEOPLES REPUBLIC OF ANGOLA, ON 15 -AND 19 MAY, 1989, RESPECTIVELY.DELEGATIONS OF THE UNION OF SOVIET SOCIALIST REPUBLIC ANDTHE UNITED STATES OF AMERICA, AS OBSERVERS, ATTENDED THEMEETIIG.IN KEEPING WITH PREVIOUS DECISION OF THE JOINT COMISSION,THE UNITED NATIONS SPECIAL REPRES 'TTATIVE 11 NAM.IBIA ANDTHE UNTAG FORCE COMMANDER, AS 1WELL AS THEADMNISTRATOR-GMTERAL Or hNaIBIA ALSO PARTICIPATED IN THEMEETINGS.THE DELEGATIONS REVIEWED THE SITUATION IN THE LIGHT OF THESTEPS {ICH HAD BEEN TAKM'T BY THE PARTIES CONCEBIED SMICE 1APRIL, 1989, L1N ORDER TO RESOLVE THE PROBLEAS WHICH HADARISal.BOTH. TH11.I1 NIST, TOR-G.!ETL AND THE UNITED NATIONS SPECI.ALRESMITATIVE CONFIMED THAT SOUTH AFRIC FORCES WERE AGAINtwoI4uIN iV BASE OJD TRAS A DE FACTO CESSATION OF HOSTILITIESECISTED IN THE NORTHErI A.REA OF NAMIBIA. ADDITIONALMEASURESTO AVOID A FURTHER INTERRUPTION OF THE PEACE PROCESS INSOUTHWESTERN AFRICA WE.E ALSO DICJSSED..'!COLA .D UNTAG INFOrMED THE CO2ISSION THAT THE SWAPOFORCESIN ANGOLA ARE CONFINED TO BASES NORTH OF THE 16th PARALLELUNDER UNTAG MONITORING.THE DELEGATIONS ADOPTED THE CAHA:AiA MINUTE IN VHICH THEFnIDINGSOF THE JOINT CO!,.ISSIO. AS WELT. AS THE -FURTHER ACTIONS OFTHEMESERS OP THE JOINT CO::21ISSION ARE DESCRIBED.THE COI.ISSION RECOM:E1,D THE CONTINUATION OF THEI1MPLFI.MTATIONOF UNSCR 435/78.

PA7 525.2'TJE COt",ISIO,1 L1kPRr.Str.f ITZ SINCERE APPRflCIATIOIN TO THEGOVM,11T OF IE PiZOPL2S REPUBLIC OF ANGOLA FOR THE PACILITIES PPOVI!)n: FPfl THS 14EETINGS OF THE JOINT COLU2,ISSIoll.

CAHMAAPEOPLES IMPUBLIC .OF XNGOLA, 19 MAY, 1989.-COPY ATTACHMDREPRODUCED BY TH4E NAMIBIA COMMUNICATIONS CENTRE

REPRODUCED BY THE NAMIBA COMMUNICATIONS CENTREPAGE 526MINISTER VAN BUITELANDSE SAKE MINISTER OF FOREIGN AFFAIRS89.05.19bear Mr Secretary-GeneralAt its meetings at Ruacana and Cahama, Angola, on 15 and 19 May 1989,respectively, the Governments of the Peoples' eWFULlic .f Angola, the rtepublicof Cuba and th* Republio ofSouth Africa reached the following agreement:OCAHAMA MINUTEAt the meetings of the Joint Commission created by the Brazzaville Protocol of13 December 1988, at Ruacana and Cahama, Angola on 15 and 19 May 1989re~pectively, the Commission reviewed the situation which had come about sinceI April 1989 and the subsequent steps undertaken by the governments concernedto resolve the difficulties and ensure the uninterrupted implementation of thepeace process in southwestern Africa.The Commission took note of the positive steps undertaken by the People'sRepublic of Angola, the Republic of South Africa and the Republic of Cuba, tofulfill their obligations and responsibilities in terms of the Mount EtjoDeclaration and subsequent agreementsbetween the parties.In particular the Commission noted the information provided by UNTAG thatSWAPO armed elements were now confined to base under UNTAG monitoring,north of the16th parallel.Both the United Nations Special Representative and the Administrator-Generalconfirmed that South African forces were again confined to base underUNTAG monitoring and that a de facto cessation of hostilities hadbeen re-established in northern Namibia.

DAf~ ~ REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-2With a view to the continuation of the peaCe process in southwestern Africa, ofwhich Security Council Resolution 435 is an' indispensable 'part, the Commission,agreed that the following practical steps would enhance confidence and facilitatethe further uninterrupteddevelopment of thepeace process."a) 'Angola and Cuba will continue to implement all

practical measures within their power to fulfill the commitments undertaken 'inthe Protocol of Geneva'of 5 August 1998 regarding the transfer of all SWAPOforces. to the,'north oft the 'Io6thparallel.b) Concerning those .SWAPO forces' confined to basenorth of the 16th parallel who do not,. choose to return to Namibia, it: wasreiterated that"'they will- remain ,confined to base under UNTAGmonitoring until one week after the date ofcertification of the election in accordance with the settlement' proposal in termsof SecurityCouncil Resolution 435.c) in conformity 'with Resolution 435 SWAPOL willoontinue with its primary role 'of maintaining law And order. SWAPOL willalso'endeavour to recoverany arms caches remaining in. Namibia.Al The Comnigion vitjmm+ *hA4 +hi Spec4a1 pap'esentative of the Secretary-General givethought to increasing the number of 'UNTAG monitoringpersonnel in.*Agola as requiredCe) With the dissolution of the Joint Militory'Mon±toring Commission on 19 May199, .the Governments of Angola and. SouthAfrica.agreed to areciprocalarrangement whereby7 they "would" meet frequently until the*certificatibnt'ofthe election resultsain Namibiap'in order to exchange 'and compare inforinationand to initiate further:.investigation' ifone of the parties-so requestS.IConsequently the Commission recommends the continuation of theimplementation of United '.Nations SecurityCouncil Resolution 435 of 1978.'The South African Government wishes to reiterate that the responsibility for the:administration of ?4amibia during the transition period is the primary task of' theAdministratorGeneral, which includes the responsibility for maintainingDAr-C r57DAL= 7REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRflfI~flRny Tu-WAtA AIBIArCAA #iAInrATrAK (rATPrAIlaw and order in the Territory. particularly in the light of the incursions whichtook place as from the night of 31 March 1989, and to avoid anymisunderstanding which may arise in future, the South African Governmentwishes to make it clear that the Administrator-General has the right to use suchmeasures and means as he would deem appropriate to counter activities of anaggressive, violent or intimidatory nature emanrating zosm wh&tevocr ie.%ir.The South African Government trusts that you and the members of the SecurityCouncil will ensure that all political parties appreciate the oimportance of.adhering Iscrupulousily to the provisions of the'relevant agreemehts. Please

accepts Mr Secretary-General, the' renewed' assurances of my highestconsideration.A F BOTHAHis Excellency Javier Perez do Cueilar Secre taryGeneral of the United NationsUnited Nations'NEW YOR.* 1O/1/13DAI-I C* ) Q

PA:E 529 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRESouth West Africa People's Organisation(SWAPO) of NamibiahSOUAR EDOM JUS= P.O. Box 194. London N5 I LW96, Gillespie Road, LondonNSTelephone: (0-)359 9116f7Telex: 88622 SWAPO GNAMIBIA: EXILES REPATRIATION POSTPONED AGAINLuanda, 19 May 1989 (NAMPA) -- The repatriation of Namibian exiles whichwas due to begin on 22 May, has been postponed indefinitely and SWAPO hasaccused the South African colonial regime in Namibia of "playing monkey tricks"to buy time anddelay the independence process for the territory.SWAPO Secretary for Finance, Hifikepunye Pohamba, told the Namibia PressAgency (WAAPA) today that his organisation has been informed by the UnitedNations High Commissioner for Refugees Coordinating Committee inGeneve that therepatriation has been postponed - indefinitely..This is the second time the exercise has been postponed.Originally, Namibians in Angola and Zambia were expected to begin beingairlifted back home starting from 15 May to the end of June. But it was postponedto 22 May because the South Africans said they were not ready to receive thereturning Namibian exiles. The continuing reign of terror in northern Namibiaand the refusal of the South Africans to withdraw their troops to bases in order toguarantee the safety of thereturnees contributed to the original postponement.Pohamba. who is also chairman of SWAPO's Repatriation, Resettlement andRehabilitation Committee, said the delay is not due to any technical problems onthe side of SWAPO or theUNHCR which is undertaking the repatriation exercise."All these delays are just the monkey tricks of the South African regime to buytime and delay Namibia's independence",he said.He pointed out that the first group of about 300 exiles from Kwanza Sul inAngola were already prepared to board planes next Monday. 22 May, to return

home. SWAPO, he said, is not happy with the deliberate delays being caused bythe SouthAfricans.Recently, the UNHCR representative in Windhoek said thatexiled Namibians could not return until the South African colonial administrationIn the territory abolished all racially discriminatory and other repressive lawsto persecute returning Namlbians who have been engaged in the SWAPO-ledstruggle from abroad, against the regime, if these laws stillremined on the statute books.

DCDDfnf"f.I iv DV "AlC A lA ARIDIA "AA.AAI IAIArnW 'IDC DAIC f*South Africa however, has been dra5ging its feet on this issue, just like Its refusalto confine its troops to base has made it impossible for peace to return to theterritory to guarantee the safety and security of returning exiles.Political observers believe South Africa is deliberately delaying on therepatriation of Namibian exiles who are mainly SWAPO members in order tobuy time to consolidate their puppets' chances in the forthcoming UN supervisedelections before the exiles return to reinforce SWAPO's popular base in thecountry.It is believed the regime does not want the exiled SWAPO members to settle Insufficiently to register and participate in the elections. The Indefinitepostponement therefore is likely to affect the smooth implementation ofResolution 435 as scheduled.(NAMPA )DA I q n

PAGE 531 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREOFFICIAL GAZETTEEXTRAORDINARYOF SOUTH WEST AFRICA BUITENGEWONEOFFISIELE KOERANTVAN SUIDWES-AFRIKA PUBLISHED BY AUTHORITYUITGAWE OP GESAGR0.60 Monday 22 May i989 WINDHOEK Maandag 22 Mci 1989 No. 57)9CONTENTS:INHOUD:AG. PROCLAM ATIONNo AG. 11 Estabishment and Po, n of Commis.sion for the Prcvention and Combatins of - Intimidation and Election Malpractices .......................PROCLAMATIONby theADMINISTRATOR-GENERAL_ FOR THE TERRITORY OF SOUTH WESTAFRICA(Approved by the State President on

. 16 May 1989)No. AG. 11 1989ESTABLISHMENT AND POWERS OF COMMISSION FOR THEPREVENTION AND COMBATING OF INTIMIDATION ANDELECTION MALPRACTiCESUnder the powers vested in me by Proclamation 181 of 19 August 1977, 1 herebymake the laws set out in the Schedule.L.A. PIENAARAdminis ra to-GO eraIl Windhek 17 May 1989AG. PROKLAMASIESNo. AG. 11 Instelling en Btoegdhede %An Kommis.sit vir die Voorkomiftj en Bestryding van Intimidasit Cn Verkiesinswanprak.tyke .........o................PROKLAMASIEvan dieADMINISTRATEUR.GENERAAL VIR DIEGEBIED SUIDNVES-AFRIKA(Deur die Staatspresident goedgekeurop 16 Mei 19,9jINSTELLING EN BEVOEGDHEDE VAKOMMISSIE VIR DIE VOORKOMING ENBESTRYDING VAN INTIMIDASIE ENVERKI ESINGS\VANPRAKTYKEKraliens die bevoegdhede my verleen by Prokla masie 181 van 19 Augustus1977, maak ek hierb die weue in die Bylac vervat.L.A. PIENAARAdministraleur-gcneraalPAGE 531REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRENo. AG. 111989WAindhoek 17 hiti 19Y

REPRDUCD BYTHENAMBIA OMMNICTION CETREPAGE 532"tbSCHEDULEDeflnitionsBYLAEIt oordcn',s&rnt'jn~1. In this Proclamation. unless the context indicates otherwise(i) "chairman" means the chairman of theCommission referred toin section 3(l)(a);(vi)(i) "Commission" means the Commissionfor the Prevention and Combating of Intimidation and Election Malpracticesestablished by section 2; (ii)

(iii) "election" means the election about to beheld in the territory with a view to the constitution of a constituent assembly,whether or not any laws have been published for purposes of such an election:00' "government service" mieans the govern.ment service mentioned in section 2 of the Government Service Act, 1980 (ActNo. 2of 1980): (iii)(v) "registration of voters" means the registration of voters for purposes of theele:tion, whether or not any laws have been published for purposes of such aregistration; (iv)(vi) "territory" means the territory of SouthWest Africa. ilEstablishment of Coministion for the Prerention and Combating of Intimidationand Election Malpractices2. There is hereby established a body to be known as the Commission for thePrevention and Combating of Intimidation and Election Malpractices.1. In hierdie Proklamasie, tensy uit dic samehang anders bl~k, beteken(i) "gebied" die gebied Suidwes-Afrika. (vi)(ii) "Kommissie" die Kommissie vir die Voorkoming en Bestryding vanIntimidasie en Verkiesingswanpraktyke by artikel 2inlestel; (ii)(iii) "regeringsdiens" die regeringsdiens inartikel 2 van die Regeringsdienswet, 1980(Wet No. 2 van 1990), vermeld; (iv)(iv) "registrasie van kiesers" die registrasie vankiesers vir doelcindes %an die verkiesinS.ongeal o, eniige "ette vi doeleinde 'an' regirasi'afselondi$ isal 'dai nie;(%:) "verkiesing" die verkiesing wat in diegebied staan Sehou te word met die oog op die samestelling van 'ngrondetMewende %ergadering, ongeag of enige ente vi, docletndes van so 'nverkiesing af ekondi:is, al dan nie; (iii)(vi) "voorsitter" die voorsitter van die Kom.missie in artikel 30)(a) bedoel. (i))nstelling van Kommissie vir die t'oorkorninj en Best ryding van Intimidasie enVerkiesingswanpraktyke2. Daar word hierby 'n liggaam met die naam die Kommissie vir die Voorkoniingen Bestrydine van Intimidasie en Verkiesingswanprak tyke ingestel.REPRODUCED BY TH4E NAMIBIA COMMUNICATIONS C1NTREOfht,:ial (;artic V-,timotdinar.% 22 Nla. 1991;Nt%. 5-"IF[

PAGE 533 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENo. Ilj ttin'tic lt .Iicic Kocrau! 2Ni ,i 19,ky

Constitution of Commission3. (1) The Commission shall consist of four persons appointed b. the Administrato-Gencral. of u hom(a) one person(i) shall be a judge or former judge of theSupreme Court of South West .Africa or of the Supreme Court of SouthAfrica; or(ii) a senior advocate who was involved inthe application of the law for a period of not less than 10 years and A ho is notserving in the governing body of any political party participating in the election,who shall be the chairman of the Commission; ard(b) at leat one person shall be .a person whoGenerl is fit'for appointment on account of his tenure of any judicial office, or onaccount of his experience as advocate or attorney; or as professor or lecturer inlaw at a tertiary educational institution in theterritory;(c) the other persons, if any shall be personswho in the opinion of the Administrator.General are fit for appointment on account of any other qualification which in hisopinion will ensure the effective exercise or performance of the powers, dutiesandfunctions of the Commission.(2) Subject to the provisions of section 13. theprovisions of section 4(6) of the Supreme Court of South West AfricaProclamation. 1981 (Proclamation 222 of 1981), shall apply mutatis mutandis inrespect of the chairman, and any other person appointed under subsection (1) shallhold office at the Administraior-General'spleasure.Saies.tellin; van Koininssir3. (1) Die Kommissie bestaan uit vier pcrtonc dcur die Admini.straIeur.generaalaancestcl. van wic(a) cen persoon(i) 'n regrer of voormalige re.ter van dieHooggeregshof van Suide.-Afrika of van die Hooggeregshof van SuidAfrika; of(ii) 'n senior advokaat wat vir 'n tydperkvan minstens 10 jaar by die toepassing van dte rel betrokke was en wat nie dien indie bestuursliggaam van 'n politieke party wat aan die verkiesingdeelneem nie,moet wees wat die voorsitter van die Rommissie is: en(b) minstens. ten persoon. 'r persoon, moet.Administrateur-generaal geskik is %it aan.stelling op grond %an sy bekledin$ van die een of ander regterlike amp, of opgrond van sy ondervinding as advokaat of prokureur. of as professor of dosent indie reste aan "n tersiire op-oedlkundige inricting indie gebied;(c) die ander persone, indien daar is. persone

moet wees wat na die oordeel van die Administrateur-generaal geskik is viraanstelling op grond van enige ander kwalifi.kasie wat na sv oordeel die doehreffende uitoefening of verrigting van diebevoegdhede, pligte en werksaamhede van dieKommissie sal verseker.(2) Behoudens die bepalings van artikel 13 is,die bepalings van artikel 4(6) van die Proklamasie op die Hooggeregshof vanSuid-Afrika, 1991 (Proklamasie 222 van 1981). muiatis mutandi met betrekkingtot die voorsitter van toepassing.en beklee enite ander persoon kragtens subartike (1) aangestel sy amp virsolank dit ditAdministrateur-generaal behaal.

Doflptflh~rfl fy Tur PAAIRIAr rAAiArfATrA icrITPr ~ ~~Offi ail Gaictic E\tracfdmarN 22 .Ia. 1981No 5i~a) a) The Commission may. with the concurrence of the Administrator-General.establish as many committees as it may deem necessary for the effective eXercistof the powers and the performance of the duties and functions of theCommission.(b) A committee referred to in paragraph(a) shall consist of such number of per.sons, but not less than three, as may bedetermined by the Commission.(c) The members of a committee referredto in paragraph (a) shall consist of such members of the Commission as may bedesignated by the Commission or such other persons as may be appointed by theAdministrator-General, with due regard to the provisions of subsection (1)(b) and(c). or of such members andsuch other persons.(d) The chairman of a committee referredto in pararatph (a) shall -be-designated 4hJeComnssion-OWa of thc.oumher of thecommitee, but shall be a person appointed on account of a qualifica.tion referred to in subsection (1)(b).(e) The majority of the members of a committee shall form a quorum for a meet.ing of the committee.(f) A committee referred to in paragraph(a) and the person designated as chair.man thereof under paragraph (d) shall enquire, in accordance with the provi.sions of this Proclamation, into a matter referred to in section 4 referred to it bythe Commission for that purpose.and while so enquiring the committee and the chairman thereof shall, subject tothe provisions of paragraphs (g) and (h). have the powers and shall perform theduties and functions conferied or imposed upon the Commission and thechairman by this Proclamation.(3) (a) Dic Kommikic kan. met dit in~lcm.

min; van dic Administratcur-generaal.soeel komitee., instel as wat hy vir dic doeltreffende uitoefening van diebe'oecdhede en die vcrripting van die pligic cn werksaamhedc van die Kommissicnodig ag.(b) 'n Romitee in paragraaf (a) bedoel,bestaan uit die aantal persone, maar minstens drie, deur die Kommissicbepaal.(c) Die lede van 'n kornitee in paragraaf (a'bedoel, bestaan uit die lede van die Kommissie deur die Kommissie aange, wys ofdie ander persone deur dih Administrateur.generaal. me, inasne ming van diebepalings van subartike (1)(b) en (c), aangestel of uit bedoeld(lede en bedoelde ander persone.1d) Die voorsi:ter \an "n kormitee in parzi raaf.uOi. bedoel. uiord deur die KoirWsit~uigi di4g&ckdef,vandie komnitc laangeuvys. maar moet 'n persoon %et:wat aangestel is op grond %an *n k%%al.fikasie in subartikel (1)(b) bedoel.(e Die meerdetheid van die lede van:komi:ee maak 'n kiorum uit vir *n \e::gadering van die komitee.( -'n Kornitee in paragraaf (a) bedoel edie persoon kragtens paragraaf (d) a voorsitter daar%an aangewys, mo(ooreenkomstig die bepalings van hitedie Proklainasie ondersoek instel naaangeleentheid in artikel 4 bedoel \: deur die Kommissie vir die doel n homverwys word, en terwyl hy ald.ondersoek instel bet die komitee en di voorsitter daarvan, behoudens di bepalingsvan paragrawe (S) en (h). di bevoegdhede en verrig hy en die vool sitter daarvandie pligre en erksaarr hede wat by hierdie Proklamasie aa die Kommissie en dievoorsitter verleeof hom opgelE word.D6 g: g' dNo. 5-1 I

PAGE 535 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENo. 71S Hultcnc 'Nnen O'f mck. Kocrant 22 Mci 9$Y(g) A committec shall after hc.ldin; itsenquiry submit a reporI complying with the requirements of paragraph (a)(ii ofsection 7(l) to the Commission for conside:ation and shall make recommendationson the desirAbility of the issuing or making b the Commis.sion of an order or recommendation referred to in paragraph (b). tc), (d) or(e) of that section.(h) The Commission(i) may on receipt of the report andrecommendations referred to in

paragraph (E)(aa) refer the matter back to thecommittee for such further enquiry as may be determinedby the Commmission;(bb) make such further enquiries. .ii ma, deem aecitsir. or..sikabk .(ii) shall submit in accordance with theprovisions of paragraph (a) of section 7(0) a report to the Administrator-General, znd may issue an order or make a recommendation referred toin'paragraph (b), (c), (d) or (e) of-thai section as if the enquiry in question hadbeen made ky the Commission in accordance with the provisions of thisProlamation.(4) (a) A member of the Commission and aperson appointed under subsection (3)who(i) is a judge or an officer in thegOVernment service shall, notwithstanding anything to the contrary contained inany other law, in addition to his salary and any allowance, including anyallowance for reimbursement of travelling and subsistence expenses, which maybe payable to him in his capacity as judge or such an(P) n omiiec moct na afloop van 5%ondcrsock 'n versing wat aan dic 'cr.eistes van paragraf (a)tii) %an artikl 7(1) voldoen 'ir ooruegini: ann di' Eommissievoorli en aanbcvelin',doen oor die wenslikheid %an die ultrci.king of die doen deur die Konm s5je van 'n bevel of aanbeveling in para.graaf (b). (c). (d) of (e) van daardieartikel bedoel.(hi Die Kommissie(i) kan by" die ontvangs van die verslagen aanbevelings in paragraaf (g)bedoel(aa) die sangeleentheid na diekomitee terugverwys om die verdere ondersoek in te sTelwat die Kommissie bepaal;(bb) 0e erdere ondersoek instel.wa. hy nodig of e~slik ag:(ii) moet ooreenkomstig die bepalintsvan paragraaf (a) %an artikel 7(1) 'n Versiag aan die Adminis-rateur.seneraal 'oorlE, en kan n be~el ui.reik of 'n aanbevelins doen soos in paragraaf(b), (c), (d) of (e) .van daardie artikel bedoel asof die betrokke ondersoek deur dieKRom.missie oreenkornstig die bepalingb van hierdie Proklamasie gedoen is.(4) (a) 'r. Lid van die Kommissie en 'n persoonkragtens subartikel (3) aanestel wal

(i) 'n regter of beampte in die rege.ringsdiens is, is, ondanks anders.luidende bepalings van die een of ander wet, benewens sy salaris en enige toelae,met inbegrip van enige toelae ter vergoeding N'an reis- en verblyfkoste, wat in syhoe.danigheid as regter of so 'n beampte aan horn betaalbaar is.ten opsigte van die verrigting van

REPRODUCED RY THE NAMIRIA COMMUNIICA TIflPJ' C'FAITPFNo. 571Sofficcr, be entitled to such allouaance, if an), in respect of the performance ofhis functions as such a member as theAdministrator-General ma) determine.(ii) is not a judge or officer in thegovernment service, shall be entitled to such remuneration.allowinces, including anyallowance for reimbursement of travelling and subsistence expenses incurred byhim in the performance of his functions under this Proclamation, benefits andprivileges as the AdministratorGeneral may determine.(b) Different remunerations, allowances.benefits or privileges may be determined under paragraph (a) in respect.of the chairman, the other members .of the ,Cornmission and the person,,.ppptnt.e4.. ,8,, r. subse tioz,3)(M) For the purposes of paragraphs (a) and(b) the Administrator-General may determine that any remuneration.allowance, benefit or privilege coniternplated in those paragraphs. shall be theremuneration. allowance, benefit or privilege determined from time to time by orunder any law in respect of anyperson or category of persons..Functions of Commission4. (1) The Commission shall, subject to the provisions of subsection (4), enquire,in accordance with the provisions of this Proclamation, into any matter laid beforeit in accordance with the provisions of subsection (2), or may of its own accord soenquire into any matter which comes to its attention In any other manner, inrespect of which it has reason to suspect that any person, directly or indirectly, byhimself or by any other person at any time on or after 1 April 1989 -sy ,crksaanihede as so 'n lid gcrcgti; op dic toclac, indicn daar is. 'wat dicAdministratcur-generaulbcpaal:(ii) nie 'n regter of beampte in die rejeringsdiens is nie, is geregtig op diebesoldiging. toelaes, met inbegrip van enige toelae ter vergoeding van reis- enverblyfkoste aangegaan deur horn by die verrigting van sy werksaamhedekragtens hierdie Proklamasie, voordele en voorregte wat dieAdministrateur.generaalbepaal.(b) Verskillende besoldigings, toelaes,

voordele of voorregte kan kragtens p.aragraaf.(a) bepaal word ten opsigte van dievoorsitter, die ander lede %an .dic .Kommisie.en die persone kraitensscaotikc~1 3)aimgesek(c) B) die toepassing van paragrae (a) en(b) kan die Administrateur.generaal bepaal dat enige besoldiging. toelae.voordeel of voorreg in daardie para.grae beoog. die besoldiging, toelac.voordeel of voorreg is war van tvd tot tyd deur of kragtens die een of ander wetten opsigte van die cen of ander persoon of katelorie persone bepaalword.Aerksaoamhede van Konunissic4. ii) Die Kommissie moet. behoudens die bepalings van subartiLel (4).ooreenkomstig die bepalings van hierdie Proklamasie ondersoek instel na enigeaangeleentheid wat ooreenkomstig die bepalings van subartikel (2) by hornaanhangig gemaak is, of kan uit eie beweging aldus ondersoek instel na enigeaangeleentheid wat op enige ander wyse onder sy aandag kom, ten opsigtewaarvan hy rede het om te vermoed dat enige persoon, regstreeks of onregstreeks.self of deur 'n ander persoon te eniger tyd op of na I April 1989 -OffcI6,1 Ga., OlC ENMtraordinaIr. 22 N13% 198Y9REPRODUCED BY THE NAMIBIA OMMUNICATIONS CENTREPAGE R36

PAGE 537 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREtit) " ull til ihient. in rc!z::iIn o tih rc4tIration of %otcr Ot thl ek ltel. to compel otinduce any other person to do or to abstain from'doing any act or assunc or toabandon a particular standpoint(i) assaulted. injured. caused damage toor prejudiced that person or any otherperson; or(ii) in any manner threatened to kill,assault, injure, cause damage to or prejudice that person or any other person; or(b) with the intent to dissuade, discourage or prevent any other person fromcausing himself to he registered as a voter for purposes of the election,irrespective of whether such other person is qualified for registration or is not soqualified, or to vote at the election, or to cast or not to casthis vote in fasour of any political party.fi) .used brrhreatened to--ine v6tence orrestraint against the person orproperty of any person; or(ii) did or failed to do, or threatened to door to fail to do any thin;. ,hether lavful or unlaw ful. to the loss, damage ordisadvantage of any person; or(iii) in any way published or spread untrueor incorrect reports or rumours; or(c) advised, encouraged, instigated or incited

.any other person, or persons present at any assembly of persons, not to cause himor themselves to be registered as a voter or voters for purposes of the election,irrespective of whether such other person or any person so present is qualified forsuch registration or is not so qualified; or(d) made use or threatened or endeavoured tomake use of any violence or restraint, or inflicted or caused or threatened to inflictta) nict dic ~p.,ci om. nmet bctrckkinp tol divrcgistra.ic vanl kic,,cr,, of dic \cr~tic',,m. 'I) andcr pcrsoon tc dwing of ic bc¢A-cLim iet. tc docn of nit te den nic of om 'n bcpaaldc standpunt in te ncecm of tc laatvaar *(il daardic persoon of 'n ander per~oonaangerand, beseer, skade berokken ofbenadeel het; of(ii) op enige wyse gedreig het om daardiepersoon of 'n ander persoon te dood, aan te rand, te beseer of skade teberokken; of(b) met die opset am 'n ander persoon af te raai. te ontmoedig of te verhinder cmhorn as kieser vir doeleindes van die verkiesing te laat registreer, ongeag ofbedoelde ander persoon bevoeg is vir registrasie of nie aldus bevoeg is nie, of omby die verkiesin.te stem, of om sy stem ten gunste van die een of ander politieke party uit ite bringoinie aldus uit te bring nie.(- eweld -of. .dv- an.-, gebruik het'. oiSedreig het onr;t te Sebruik teet di, persoon of goed van enige persoon; o.(ii) enigiets, hetsy wettig of onwettig. toverlies. skade of nadeel van enige per soon gedoen het of 'ersuim het om di tedoen of gedreig het om dit te doe:of te -ersuim om dit te doen; of(iii) onware of onjuiste berigte of gerugtop enige wyse gepubliseer of versprher; of(c) 'n ander persoon, of persone teenwoord:by 'n byeenkoms van persone. aanseraa aangemoedig, aangestil of uitgelok het ohorn of hulle nie as kieser of kiesers % doeleindes van die verkiesing te Iaregistreer nie, ongeag of bedoelde and persoon of enige persoon aldus teenoc digbeoeg is vir sodanige registrasie of raldus bevoeg is nie; of(d) op of teen enige persoon geeld of dwagebruik het of gedreig of probeer het c dit te gebruik, of enige persoon enige I

REPRODUCED BYTHENAMIBIA cOMMUNIcATiONS CENTREPAGE 538Nc~. 5~I~or to cauc at,% kI-,J;. or rsychological injury, damagc, harm or loss, upon oragainst, or did or threatened to do anything to the disadvantage of, any person

(i) in order to induce or compel any person(aa) to vote or to refrain from votingat the election;(bb) to cast or not to cast his vote infavour of any political party;(cc) to support in any manner anypolitical party;(dd) to participate in any processionor demonstration; orIii) on account "of aiY"peson haincvo!ed or refrained; from votin a! the(iii) because such a person serves or has atany time served in the territory or else.where in any capacity; or() in any manner as aforesaid or by anyfraudulent device or contrvance induced.compelled or pre'ailed upon any voter or endeavoured to so induce, compel orprevail upon him to vote or refrain from voting at the election, or impeded orprevented the free exercise of the franchise by any voter at the election, orbrought or endeavoured to bring a voter under the impression that it can bedetermined in any manner in whose favour he is to cast hisvote at the election; or() corruptly gave, lent or procured, or agreedto give, lend or procure, or offered, promised or promised to procure or toendeavour to procure, any money or anything else to or for any person who is ormay possibly be registered for purposes of9azimlikc of psigicsc Iccd. ,Cdc. %, aad of verlhcs aangedocn of berokken het ofSedreig het om dit te doen. of iets tot nadeel van enige persoon Sedocn het ofgedreig bet om dit te doen(i) ten einde enigc persoon tc bcNec:; of tcdwing(aa) om by die verkiesing te stem ofnie te stem nie;(bb) Om sy stem ten gunste van die eenof ander politieke party uit te bring of nie aldus uit te bring nie:(cc) on, die een of ander politiekeparty op enige wyse teondersteun;(dd) om aan 'n optog of betoging deelte neem; of60i . Omdat 'enike Peiboin by die v'erk esa'nS;cctemn he' of r~ie gc:e~m her nte: of.(iii) omdat so 'n persoon in die .ebied ofelders in die een of ander hoedanip.heid dien of te eniger tyd aldus gedienhet: of

(e) op "n wvse soos voormeld of deur enigcbedrieglike middel of plan 'n kieser beweeg. gedwing of oorgehaal het of pro.beer het om horn aldus te bewee. te du ing of oor te haal om by die ,erkiesing testem of nie te stem nie. of die vrye uitoefeninS deur 'n kieser van die siemreg bydie 'erkiesing belemnmer of belet het. of 'n kieser onder die indruk gebring het ofprobeer bring het dat daar op die een of ande: -Avse vasgestel sal kan word tengunste van wie hy sy stem by die verkiesing gaan uitbring;of(f) op korrupte wyse aan of vir "n persoon watvir doeleindes van die verkiesing as kieser geregistreer is of moontlik geregistreerkan word, of aan of vir 'n persoon ten behoc%% e van so 'n kieser, of aan of vir 'nander per.soon, geld of enigiets anders geskenk,Offi6ll 0,11clic :: %I;%% 19slaREPRODUCED B Y THE NAMIBIA COMMUNICATIONS CENTREPAGE 538No.. 57 I F

PAGE 539 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTREltutteiq'V'~At' OFt ihIcw koclailit :: \6iWthe election a a %otc1. of to or foi an% pctson on behalf of such a %otct, or to orforany other person *(i) uith the intent in so dc'ni to induceany person or voter to register or to refrain from registering him.eIf as voter forpurposes of the election or to cast or refrain from casting his vote at the electionor to cast or not to cast his vote in favour of any political party; or(ii) on account of such person or voterhaving registered or refrained from registering as a voter or having cast orrefrained from casting his vote at the election or having cast or not having cast hisvote in favour of any politicalparty; ori)*. orrfptl"1y avti lent.r.pourc.i o agreed.to 4ie, . e.nd .. z,. procmr, or.,.offert, promised or promised to procure or toendeavour to procure, any money or anything else to or for any person -ho is ormay possibly be registered for purposes of the election as a voter, or to or for anyperson on behalf of such aoter, or to or for any other person, for acting or joiningin any procession or demonstration before, during or after the registration ofvoters orthe election; or(h) advanced or paid, or caused to beadvanced or paid, any money to, or for the use of, any other person with the intentthat such money, or any part thereof, shall be expended in bribery at theregistration of voters or the election, or knowingly paid. or caused to be paid, any

money to any other person in discharge or repayment of any money wholly or inpart expended in bribery at such registration or the election; or(i) before or during the election received orcontracted for any payment or loan forvOCCII of vcrkr. her of oorecrivekorn het oni dit tc gec. tc lccn of te vcrkry of ditaan.rebied of bcloof bet of bcloof het oni dit 1c v'erkry of te probeet om die te vet lry(i) met die opwet om soduende 'n persoonof kieser it bemeec om hon as kieser vir doeleindes van dic %etkiesin. teregistreer of nie te registreer nie of sy stem by die verkiesing uit te bring of hornvan stemming te onthou of sy stem ten gunste van die ten of ander politieke partyuit ie bring of nit aldusuit te bring nie; of(ii) 'anee die feit dat sodanige persoon ofkieser hom as kieser geregistreer bet of nie geregistreer ht nie of sy stem b.die verkiesing uitgebring bet of horn van stemming onthou bet of sy sterr.ten gunste van die ten of ander poli.tieke party uitgebring bet of nie aldu:ui'.ebriny het nie: of.* ~ gio .orr.u{p~e ,wysc..aan of. "ii :n pci ',oc .Wh: .vjr. aoe.irles ..¥anl :dig.gcsin g,a. ie gereis treer is of moontlik gcreistr-e: ka: word, of aan of vir 'n persoonten behoeu van so 'n kieser, ofaan of vir 'n ander per soon. geld of enigiets andersgeskenk geleen of verkry het of oorengel,nom he om dit te See, te leen of Itverkry of dit aar.gebied of beloof het of beloof het om d.te verkry of beloof bet omn te probeer or dit ie verkry, vir optrede in of deelnamaan enige optog of betoginS yoor. Sedu rende of na die registrasie van kiesers ofdiverkiesing, of(h) aan of vir die gebruik van 'n ander persoogeld voorgeskiet of betaal bet, of laat voo skiet of betaal bet, met die opset datsod.nige geld of 'n decl daarvan by die regisirL sic van kiesers of die verkiesing aanomkc pery bestee moet word. of wat willens e wetcns aan 'n ander per.oon enigegel betaal het of laat betaal bet ter vereffenir of terugbetaling an geld wat ten voile( ten dele by bedoelde registrasie of verki.sing aan omkopery bestee is. of. lfor of gedurende die verkiesing vir hotself of ten behoewe van 'n ander persooNo' Si'

DCOD >I^^I C^ OV r*LI rRA 1 IID A 0-%I^ IIIIIIIFIA, #RfA#.TDfr l^l Aflna ~ US55L WII#ff #fV~lVf ESVi %Li9#5 In r. V'ar J"orficial Gaicttc F-tr ordin-Iry 22 Nlat1 1959No. 5,' 'I

himself or on behalf of any other person a% consideration for voting Of agrecingto vote. or for refraining or agrecing to refrainfrom voting. at the election; orG) performed any other act or failed to perform any act which in the opinion ofthe Administrator-General can have the effect that any person who may beentitled to register himself at a voter or to vote at the election, cannot freely havehimself registered or refrain from registering as a voter or which may bring aboutthat the registration of voters or the election may be regarded as not being a freeand fair registration of voters or election and which the Administrator-Generalmay identify bynotice in the Official Gazette.(2a) A* rerýon %%ho n i.he5 to lay ar, niatter "refe#rton subeOfion (Iý bfore'theaffidavit or affirmatiorn or in such other manner as the chairman may determineor allo' and may report any such matter for such purpose to any magistrate.additional.magistrate or assis:ant magistrate or any person acting in that capaciiy'or to any other persondetermined by the chairman.(b) A person referred to in paragraph (a),ho is being detained in terms of an order of a court of lai, or judicial officer or theprovisions of any lan-.shall be entitled to lay before the Commission any matter so referred to by *ay ofa communication in writinv in a sealed enelope. which envelope shalt be handedto the chairman t. the person in charge of the place %%here any such person isdetained or any persondesignated by him.(c) A person to whom a matter has beenreporied in terms of paragraph (a) shallenige betaling of lening ontvang óf heding het as teenprestasie daarvoor dat hvb% die 'erkicsing gestem het of oorecngekom het om by die verkiesinS te stem. ofdat hy hon by die %erkiesing van stemming onthou het of ooreengekom het omhom van stem ingi.te onthou: oft) enige ander handeling verrig het of versuimihet om enige handeling te verrig wat na die oordeel van die Administrateur-generaal die uitwerking kan hé dat die een of ander persoon wat geregtig kanwees om hom as kieser te registreer of by die verkiesing te stem, nie vryclik homas kieser kan registreer of aldus van registrasie kan onthou nie of wat kanmeebring dat die registrasie van kiesers of die verkiesing ni: as vrye en regverdigeregistrasie van kiesers of verkiesing beskou kan word nie en wat dieAdministrateur-generaal by kennisjewving in die Offisiël Koerant identifiseer.2 a "n-Peroon a n aangeleentheid .inS"Ub,,',ttikel (1) be:doei "b. di Komm ssi&"'arj 'n beëdiide of bevestigde verklaring doen of op die ander wyse deur dievoorsitter bepaal of toegelaat. en kan so 'n aangeleentheid vir dié doel b.enige landdros. addisionele landdros of as.istent-landdros of persoon wat indaardie hoedanigheid waarneem cf by enige ander persoon deur die voorsitterbepaal. rapponeer.

(b) 'n Persoon in paragraaf (a) bedoel xatingeolge 'n bevel van 'n geregshof of regterlike amptenaar of die bepaling' van dieeen of ander wet aangehou wsord. is gere.tig om 'n aldus bedoelde aangeleentheiddeur middel van 'n skriftelike mededeling in 'n verseèldc koevert b) diegommissie aanhangig te maak, waster koevert deur die persoor.in bevel van die plek waar so 'n per.soon aangehou word of 'n persoor deur hom aangewys aan die voorsitteioorhandig moet word.(c) 'n Persoon aan wie 'n aangeleentheicingevolge paragraaf (a) gerapporteer is

PAGE 541 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENt,. 71l lltciWpcuOtic Offtsick kocrant 22 Mci !IM t Itnot communicatc such a matter to any other person. except to the Commission ora member of its staff.(3) The Administrator-Gencral ma. at any timc refcr to the Commission a matterreferred to in paragraphs (a) to (j) of subsection (1) uhich in any manner came tohis attention, and the Commission shall, in accordance with the provisions of thisProclamation. enquire into and report on such matter or do such other steps asmay be prescribed by this Proclamation.(4). The Commission shall not be compelled to enquire into any matter laid beforeit under subsection (2) when the grounds on account of which the enquiryconcerned is desired, is in its opinion of a vexatious or trivial nature, and shall insuch a case inform the person concerned Aho has laid the matter before it underthe said subsection (2) accordingly.f l~~~l ~ o ir\1q n i.'h secfton s~iall nrs!+ construed a. prohibiting theCommission tc ,. quire into any matter in respect of which alle.a. tions are underconsideration in an) court of laA.Powers of Commission for purposes Q enquiryS. (1) When the Commission perform% it, duties and functions in term. of thisProlarn. tion(a) it ma. in its discretion determine the na! urtand extent of an) enquiry referred to in %..tion 4:(b) it or an. person on its staff authorizedthereto by the chairman in writing shall ha'e the right to request from any personparticulars and information which it ma) deem necessary in connection with anenquiry:(c) it may by notice in writing under the handof the chairman or a member of the staffmag nic so 'n aangclcentheid aan enige ander persoon. behalc aan die Kommissieof 'n lid van s. personeel, openbaar nie.(3) Die Administrateur-generaal kan te eniger tyd 'n aangeleentheid in paragrawe(a) tot 0) van subartikel (1) bedoel wat op enige wyse onder sy aandag gekom hetna die Kommissie vir onder. sock verwys, en die Kommissie moet ooreenkom.

stil die bepalings van hierdie Proklamasie so 'n aangeleentheid ondersoek endaaroor verslag doen of die ander stappe doen wat by hierdie Proklamasievooreeskryf word.(4) Die Kommissie is nie verplig om ondersoek in te stel nie na 'n aangeleentheidwat kragtens subartikel (2) by horn aanhangig gemaak is wan. neer die gronde opgrond waarvan die betrokke ondersoek verlang word na sy oordeel van 'nkwelsu2tie of beuselagtige aard is. en moet in so 'n peval die betrokke persoonwat die aangeleentheid kragtens genoemde subartikel (2) aanhangtg gemaak ltefdien ori'ik'b-'r'StiF" ierwtt.. ....so uitgeli nie dat die Kommissie belet is om'ondersoek in te stel na enigeaangeleentheid ten op. sigte waarvan bewerings in die een of ander geregshofonder ooruegine is.Bevoegdhede van loozmissie vir doeleindes van ondersoek5. (1) Wanneer die Kommissie sy pligte en "erksaamhede ingeolge hierdieProklamasic Verris(a) kan hy na goeddunke die aard en omr-ancvan enige ondersoek in artike! 4 bedoel.bepaal;(b) het hy of enige persoon op sy personee'skriftelik deur die voorsitter daarto, gemagtil die reg om besonderhede en inligting wat hy in verband met 'n ondersoelnodig ag van enige persoon aan te vra;(c) kan hy by skriftelike kennisgewing onderdie handtekening van die voorsitter of -r

L7~'R;PRnflhIrFrJ RY TUF NAMIRIA CO&VBAIJNICATIOAI1~ C~RhTRFdeic.iuated b% thc chaitman addrcsocd and delivered b) such a member, a depuiysheriff or metsenger of the court to an% pcson. requite such person to appearbefore him in relation to that enquiry at a time and place srccified in such noticeand to produce to it all documents or things in the posNesion or under the controlof any such person and which the Commission ma. deem necessary in connectionwiththat enquiry;(d) it may administer an oath or take an affirmation from an% person referred toin paragraph (c). or any person present at the place referred to in paragraph (c)not%%ithstanding whether any such person has been required to appear before itunder the said paragraph (c), and to question him under oath or affirmation inconnection with any matter % hich it may deem necessary inconnection -with that enquiry.(2) Any person appearing before the Commislion in terms -of paragraph c .ofsu~se' tion 0) 'who is not in theyoverment seivice, shall beentilled to fteelveytomnfn.,~lr' t %S.law" for such purpose as witness fees:an amount equal to theamount which he would have received as witness fees had he been summoned toattend criminal proceedings in the Supreme Court of South West Africa held atthe place mentioned in the notice in writing concerned.

(3) When in the course of oi after holding an enquiry in terms of the provisions ofthis Proclamation the Commission is of the opinion that the facts disclose thecommission of an offence by any person, it may. in addition to the other po kerswhich it may exercise under this Proclamation, bring the matter at any time to thenotice of the Attorney-General.(4) Any person questioned under subsection(1) shall, notwithstanding the provisions of any law or the common law to thecontrary, but subject to the provisions of subsection (5)(a). be competent and compelled to answer allquestions put to him regarding any fact or matter connected with the enquiry ofthe Commission notwithstanding that theanswer may incriminate him;lid an die personeci deut die 'oritr' aangrys. gcrif en afgcl-eAr deur so 'n lid of 'nadjunk.balju of Veregsbodc aan cntgc persoon, so 'n persoon aanc om metbe;rekking tot 'n ondersoek or 'n tyd en pick in die kennisgeuving ,ermeld %oorhorn te verks.n en om ale stukke of 'oorerepc uat so 'n persoon in sy besit of onders.beheer het en wat die Rommissie in verband met daardie ondersoek nodig agaanhom voor te li;(d) kan hy In persoon in paragraaf (c) bedoel.of 'n persoon uat aanwesig is by die pick in paragraaf (c) bedoel ongeag of so 'npersoon kractens Senoemde paragraaf (c) aanEesi is om voor horn te verskyn. 'ned opli of 'n bevestiging van hom afneem en hom onder eed of bevestigingondervra in verband met enige aangeleentheid wat hy in verband met daardieondersoek nodig ag.(2) 'n Persoon %%at ingevolge paragraal c) van .subarikel 1i) .wor dieKomnmiasie v'rkyn en wat. aic ::; di%,- 'err :. i-: iti. i ;cT.-P'i on- U;: edewat.vis4i, dod'by-wetbewilUg., is gstuiegeld 'n bedraj te ont'ang wat gelyk is aandie bedrag wat hy as getuiegeld sou ontvang het indien hy gedagvaar was omstrafregteike verrigtinge in die Hpoggeregshof van Suidwes-Afrika. gehou op diepick vermeld in die betrokke skriftelike kennisev, ing. by te woon.(3) Wanneer die Kommissie in die loop van of na "n ondersoek ingevolge diebepalings van hierdie Proklamaste van oordeel is dat die feite die ple,. ing van 'nmisdryf deur die ten of ander persoon openbaar, kan h. benewens die anderbevoegdhede wat hy kragtens hierdie Proklamasie kan uitoefen, die Prokureur-generaal te eniger tyd daarvan .erwittig.(4) 'n Persoon wat kraltens subartikel (I) ondervra word, is, ondanksandersluidende bepal. ings van die een of ander wet of dic gemenerea. maarbehoudens die bepaliqgs van subartikel ($)(a) bevoeg en verplig om alie vrae te beant.woord wat aan hom gestel word aangaande enige feit of aangeleentheid war metdie ondersoek van die Kommissie in verband staan al kan die antwoord horninkrimineer;REPRODUCI~~~~~~AI BYTENMM OMNCTOSC RNt, YNNt('fficia! (Gawc E-rakldin;11% 2: N13% 19N

DAr.r rQNit ," IR

DAt. lA2No. S7"18lhiCn't %% itlie Offis'c- K(crant 22 Mci 1989(b) be compelled to produce any documet orthin; to the Commission %%hich the Con,.mission may deem necessary in connectionwith that enquiry.(5) The provisions of subsection (4) shall nbt be construed that an incriminatinganscr referred to in paragraph (a) of the said subsection(4) shall be admissible as evidence against the person concerned in anyproceedings in a court of law or before any bod) or institution established by orunder any law or before a commis. sion contemplated in the Commissions Act,1947 (Act No. 8 of 1947).Sessions of Commission6. (1) The Commission may sit at any place in the territory determined by thechairman for-the purpose of inspections in loco or to hear evidence or.todeliberate.(2) Three members of the Commission shall form a quorum for a sitting of theCommition.13). A derisichn-ofiht meori f the C'mrni;. sion shall be a decision of theCommi.ssion. Provided that in the event of an equality of votes the chairmanshall, in addition to his deliberative vote, have a casting vote.(4) 'When the chairman is not available the " Administrator-General maydesignate one of the other members of the Commission as chairman, and such amember shall for so long as the chair. man is not so available have all the powersand shall perform all the duties and functions conferred or imposed by thisProclamation upon the chairman.(5) (a) Subject to the provisions of paragraph5(b) and (c), the proceedings of the Commission shall be open to thepublic.(b) The Commission may in its discretionexclude any person, any category of persons or all persons whose presence is inthe opinion of the Commission not necessary or desirable, from theproceedings or any part thereof.(b) verplig om enigc stul of voorc.rp ,al dieKommissic in 'erband met daardie onder.sock nodi; ag aan die Kommissie voor tei.(5) Die bepalins van subartikel (4) word nie so uitgeli dat 'n inkriminerendeantuoord in paragraaf (a) van subartikel (4) bedoel in verriptinge in 'n geregshofof voor 'n lig;aam of instel. ling by of kragtens 'n wet ingestel of voor 'nkommissie beoog in die Kommissiewet, 1947 (Wet No. 8 van 1947). as getuienisteen die betrokke persoon toelaatbaar is nie.

Sittings van Konimissie6. (1) Die Kommissie kan op enige pick in die gebied deur die voorsitter bepaalsitting hou vir doeleindes van inspeksies ter plaatse of om getuienis aan te hoor ofom te beraadslaag.(2) Drie lede van die Kommissie maak 'n kow. rum U vir 'n sitting van dieKommistie.('Aii 10011 " va n t mVei Frdhild vait d Kommissie is *n beslissinS van dieKommissie: Met aien verstande dat in die geval van 'n staking van stemrnme dievoorsitter benewens sy beraadslagende stem 'n beslissende stem het.(4) Wanneer die voorsitter nie beskikbaa is nie. kan die Administrateur-generaa!cen van die andes lede van die Kommissie as voorsitter aanwys. en het so 'n lidsolank die voorsitter nie aldus beskikbaar is nie al die bevoegdhede en %er. rig hyal die pligte en werksaamhede wat by hiedie Proklamasie aan die voorsitterverleen of horn opgedra ic.(5) (aI Behoudens die bepalings vanparagrawe (b) en (c) is die verrigtinpe van die Kommissie vir die publiektoeganklik.(b) Die Kommissie kan na goeddunkeenige persoon, die cen of ander kategorie van persone of alle persone wie seteenwoordigheid na die Kommis.sic se oordeel nie nodiS of wenslik is nie, by die verrigtinge of enige ledeeltedaarvan uitsluit.REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTRE

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 544(c) When a pcron of whom it is requiredto appear in terms of this Proclamation before the Commission alleges b) way ofan affidavit or affirmation or whvilt it i. .-, *llqCJc its &CbJ,%;t of SuAh a personthat there is on the grounds set out in such affidavit or affirmation reason tosuspect that such a person or his nearest relatives may be killed, assaulted,injured, caused damage or prejudiced by any other person if it becomes knownthat such a person has given evidence before the Commission on any matter, theCommission shall exclude from the proceedings of the Commission at the time ofthe hearing of the evidence of that person or of evi.dence in connection with that person all persons whose presence in its opinion isnot necessary or desirable.(d) When the Administrator-General -submits to the Commission. a certificateinwhich it is declared tha; he ha con. .dered.the n mr-0.4the.ideneet-,ich -can be given at the proceedings of theCommission by any person from whom it is required to appear before theCommission and that in his opinion it is not in the interest of the securi.ty of the territory or in the public interest that such evidence be given in public,the Commission shall exclude from those proceedings all persons whose presenceis in its opinion not necessary or desirable for purposes ofthe proceedings of the Commission.

(6) No person summoned or from whom it is required to appear before theCommission in order to be questioned or to produce documents or things shall beentitled to be represented by a legal representative, except %ith the consent of theCommission and to such extent as may be deter. mined by the Commission.(c) Wannecr 'n pcrsoon van wic daar in.geolgc hierdic Proklamasie vercis word om voor die Kommissie te vetAkyn bywys van 'n bcdigdc of be'c.tigde %erklaring be,.eer or wanner daar ten opsigie vanso 'n persoon aldus beweer %%ord dat daar op gronde in daardie verklaringutreengesit rede bestaan om te vermoed dat indien die b.ekend word dat so 'nperson oor die een of ander aangeleentheid voor die Kom.missie getuienis afgell het hy of sy naasbestaandes deur enige ander persoongedood, aangerand, beseer, skade berokken of benadeel kan word, moet dieKommissie alle persone wie se teenwoordigheid na sy oordeel nie nodig ofwenslik is nie ten tyde van die aanhoor van daardie persoon se getuienis of vangetuienis in verband met daardie persoon by die verrigtinge van die Kommissieuitsluit.(d) Wanneer die Administrateur-seneraalaan die Kommissie .'n sertifikaaf voorlsaarin '.ek!aar. uord-dat hy die aard va,41ieIruievis'war di- ecn,.of mindtr, pers6on van wie dir vereis Word 9m voor dieKommissie te verskyn by die verrigtinge van die Rommissie kan afla.oorweeg het en dat dit na sy oordeel nie in die belang van die veiligheid van dieSebied of in die openbare belang is dat daardie getuienis in die openbaar afgeliword nie, moet die Kommissie alle persone wit se teenwoordigheid na dieKbmmissie se oordeel vir doeleindes van die verrigtinge van die Kommissie nienodig of wenslik is nie by daardieverrigtinge uitsluit.(6) Geen persoon wat gedavaar is of van wie 'ereis word om voor die Kommissiete verskyn ten einde ondervra te word of om stukke of voor. werpe voor ie I& isperegtig om deur 'n regsverteenwoordiger verreenwoordig te word ni., behalwemet die toestemming van die Kommissie en in die mate war die Kommissiebepaal.14 official (;a;,cttc :'-,toe~~t?2 M;1% ly"'Y N%1 .-S~l" REPRODUCED BY THE NAMIIA COMMUNICATONS CENTREPAGE 544

PAGE 545 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENo. 571g Buiengewone Offisieh. Kocran! 22 Mci 1989 15Duties and powers of Commission and Administrator-General after holdingof enquiry7. (1) The Commission(a) shall after holding its enquiry in accordance with theprovisions of this Proclamation(i) as soon as possible notify the personwho laid the matter before it under section 3(2) and all other interested per.sons. of the outcome of its enquir. in such manner and in such form as it maydetermine and to such extent a. it may deem necessary in the public in.

terest and shall, in the case of a person in respect of which an order orrecommendation referred to in paragraph (b), (c) or (d) has been issued, furnishsuch person of its reasons for itrfindings:(ii ifn 't K e ,a w%'a k h.-h an 'n 6 d 'e 0i' rt '.men aon "referred to in p;'r.:i.,;madc. forthwith and, in any o:hi -e. .as soon as possible compile for subrri,.sion to the Administrator-Genera:full report in which shall be set c(aal the nature of the matter enqu,.into b it and the facts %hI. if, connection with,and the cir u..stances under.uhich. the mra:vcame to its notice:(bb) the nature and scope of it;quir. setting forth the nam.. t7addresses of the person in.:in the matter;(cc) the facts found by it on aof probabilities to be the tr'-r and the reasons for such flindi.1n(dd) the steps taken by it under i.provisions of paragraph (b, i : ..(d), andPligtc en beyoegdhede van Konmzissie en Administratcurgenerval na afloopvan ondersoek7. (1) Die Kommissie(a) moet na .afloop van sy ondersoekooireenkomstig die bepalings van hierdieProklamasie(i) so gou doenlik die persoon war dieaangeleentheid kragtens artikel 3(2) b horn aanhangig gemaak het en alile anderbelanshebbende persone op die wyse en in die vorm wat hy bepaal er: in die matewar hy dit in die openbare belang nodig ag van die uitslag van s) ondersoekverwittig en moet, in die geval van 'n persoon ten opsigte var.wie 'n bevel of aanbeveling ir paragraaf (b), (c) of (d) bedoel, uitge.reik is, so 'n persoon van sy redes vir s.be'indinge voorsien;iiin die .e.a'waa 'n be' I of aanbe,&edoe. iitgereik of gedoen is, onver%vic en, in enige ander geval, so gou doenlil 'nvolledige versiag vir voorlegging aai die Administrateur-generaal opstewaarin uiteengesit word *(aa) die aard van die aangeleenthei.wat by ondersoek bet en die feit war in verband met, en die onstandighedewaaronder die aar geleentheid onder sy aandagekom her;(bb) die aard en omvang van sy ondesoek met vermelding van d name en adresse van die persor war by dieaangeleenthei

betrokke is;(cc) die feite wat by op 'n oorwig v.waarskynlikheid in die omsta: dighede as die waarheid bevir her en die redes virdaardbevinding:(dd) die stappe war hy kragrens dbepalings van paragraaf (b), (c)(d) gedoen bet; en

nD;rnorlrlIIr.rl;u o -' r . iw. #vvuet,. 0V AUiA rrnI -DAËwe-. K.IKOfficial Ga7c:îc Extraordina:y 22 Maý 1989No. 5718(er) such recomendations, if any. as itmay deem necessary or expedient to make, includin; proposals for legislationAhich in it. opinion may be necessary in connection therewith, in order to prevenia repition or continuation of any actor omission,and may at any time before.the close of its enquiry submit an interim report to theAdministrator-General in respect of any matter which in its opinion shouldurgently be brought to the attention of theAdministrator-General;(b) may, in the case %here an act or omissionto which that matter relates took place on or after the commencement of thisProclamation. order in writing any person vho in its opinion is responsible for therelevant matter referred to in paragraphs (a) to (.) 56t l6f t ia b'if' .i , thatmaero«mance of anct copected wilh thatter. and specified in order. or. in.ilt case or a failure to perform any act connectedwith such matter, to forthwith perform any actspecified in the order;(c) may, when it appears ibn the course'of theenquiry that a report has been published in any newspaper or by way of the radioor television or in any other manner in connection with any matter referred to inparagraphs (a) to (j) of section 4(1) which.according to the finding of the Commis.sion, was an untruthful or incorrect report.order the editor concerned or other person responsible for the report, to publish onthe date and in such manner as may be determined by the Commission andspecified in the order, the truc and correct facts, as found by the Commission, at aconspicuous place in the newspaper concerned or in any other conspicuousmanner specified inthe order;(d) may. when the person who in' its opinion isresDonsible for the relevant matter referred(ee) die aanbevelings, indien daar is.

%at h. nodig of dienstip ag om te doen. met inbegrip van voorstelle vir wetgewing %at na sy oordeel in verband daarmee nodig mag wees, ten einde 'nherhaling of voortsettinr van die een of ander handeling of versuim te voorkom.en kan te eniger tyd voor die afhandeling van die ondersoek 'n tussentydse verslagaan die Administrateur-generaal voorlé ten opsigte van enige aangeleentheid watna sy oordeel dringend onder die aandag van die Administrateur-generaalSebring. behoortte word;(b) kan, in die geval waar 'n handeling of versuim waarop die betrokkeaangeleentheid betrekking het op of na die inwerkingtreding van hierdieProklamasie plaasgevind het. enige persoon wat na sy oordeel vir die betrokkeaangeleentheid in paragraive (a) "o' CW",;arifaitikt1 41)We lée. v'ian cior.delik is, skrifielik beieel omldie (errgtr.band staan, en Aat in die bcýel uiteenge.i, word, onverwy.ld te staak of, in diegeval van 'n versuim om 'n handeling te verrig wat met so 'n aangeleentheid inverband staan, onverwyld die een of.ander handeling in die bevel vermeld, te:"verrig;(c) kan, wanneer dit in die loop'van die ondersock blyk dat 'n berig in de een ofander nuusblad of deur middel van die radio of televisie of op enige ander wyse inverband met 'n aangeleentheid in paragrawe (a) to ij) van artikel 4(1) gepubliseeris en wat.luidens die Kommissie se bevinding. 'n on.ware of onjuiste berig is, die betrokke redakteur of ander persoon wat vir die berigvcrantwoordelik was, beveel om op 'n datum en 'n Ayse deur die Kommissiebepaal en in die bevel vermeld in 'n opsigtelike plek in die betrokke nuusblad ofop 'n ander opsigtelike wyse in die bevel vermeld.die ware en juiste feite, soos deur die Kom.missie bevind, te publiseer; .(d) kan, wanneer die persoon wat na sy oordeel vir die betrokke aangeleentheid irD 61" . I: /IKNo. 571g

PAGE 547 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENo. 571$ Buitengcwonc Offi.iclk kocram 22 Mci 1999 17to in paragraphs (a) to 0) of section 4(j) is an agent of or worker for any politicalparty, whether or not such party is par.ticipating in the election, recommend to that political party that any such agent orperson should not furthermore be used assuch an agent or %orkcr;(e) may, when the person who in its opinion isresponsible for the relevant matter referred to in paragraphs (a) to (j) of section4(l) has been appointed in any capacity in terms of any law on the registration ofvoters or the election of a constituent assembl), recommend to theAdministratorGeneral that such appointment be cancelled, and the Administrator-

General may thereupon and without prior notice to any person and withouthearing any personcancel such appointment;paragraph (b), (c) Or (d), make its findingspublicly known.(2) The Administrator-General may a: any time after the holding of an enquiry inaccor. dance with the provisions of this Proclamation. whether before or after thereceipt of the report referred to in subsection (1)(a)(ii), to the extent as he maydeem necessarY in the public interest make known for public information thefacts concerned and the findings of the Commission in' so far as it has not yetbeen done in terms of paragraph (f) of subsection (1).Appeals8. (1) A person who feels himself aggrieved by a decision of the Commission interms of section 4(4) or an order or recommendation issued or made under section7(l)(b). (c) or (d), may appeal in writing and on such grounds as may be specifiedin the document concerned against such a decision, order or recommendation tothe Administrator.General within a period of 14 days after the contents of thedecision, order or recom-paragrawc (a) tot 0) van artikel 4(l) bedoel, verantwoordelik is 'n agent of werkervan die een of ander politieke party is. ongeag of daardie party aan die verkiesingdeelneem al dan nie. by daardie politieke party aanbeveel dat daardie persoon nieverder asso 'n agent of werker gebruik word nie;(e) kan, wanneer die persoon wat na sy oor.deel vir die betrokke aangeleentheid in paragrawe (a) tot (J) van arrikel 4(1)bedoel, verantwoordelik is 'n persoon is war in.gevolge die een of ander wet op die registrasie van kiesers of die verkiesing van 'ngrondwetgewende vergadering in die ten of ander hoedanigheid aangestel is, bydie Administrateur-generaal aanbeveel dat so 'n aanstelling ingetrek word,.endaarop kan die Administrateur-generaal sonder vooraf kennisgewing aan enigepersoon en sonder .om enige persoon aan te hoor, daardie aan" elIffg thtrek'-..in in parakraaf (b), (c) of (d) bedoel. sybevinding in die openbaar bekend maak.(2) Die Administrateur-generaal kan te eniger tyd na afloop 'an 'n ondersoekooreenkomstis die bepalings van hierdie Proklamasie. hetsy 'oor of na dieontvangs van die verslag in subartikel(l)(a)(ii) bedoel, die betrokke feite en die bevindings van die Kommissie war hy indie openbare belang nodi ag vir openbare kennisname bekend maak vir sover ditnie reeds inge~olge paragraaf (fM van subartikel (I) gedoen is nie.8. (1) 'n Persoon war horn veronreg voel deur 'n beslissing van die Kommissieinsevolge artikel 4(4) of 'n bevel of aanbeveling uitgereik of gedoen kragtensarikel 7(l)(b), (c) of (d), kan skriftelik en op die gronde in die betrokke stukvermeld teen so 'n beslissing. bevel of aanbeveline binne 'n tydperk van 14 daenadat die inhoud van die beslissing, bevel of aanbeveling onder sy aandag gekomhet of die langer tydperk deur die

REPRODUCED BY THE NAMIBA COMMUNICATIONS CENTREPAGE 548Official Gazettc Exraordinary 22 May 1989No. 5IFmendation came to his notice or such longer period as the Administrator-Generalmay allow.(2) The Administrator-GCenral may, after consideration of the report and reasonsfor the deci. sion. order or recommendation of the Commission and suchgrounds of appeal and without hearing any person, confirm, amend or set asidethe Commission's decision, order or recommendation or refer the matter back tothe Commission for further enquiry or, with due regard to the provisions of thisProclamation. issue such order in connection therewith as he may deemnecessary, and shall notify the person who appealed under subsection (1) of hisdecision as to the appeal.(3) A decision of the Adrinistrator-General referred to in subsection (2) shall befinal.Staff of Commission9 . lI In the exercise of its powers and the perforhiance of its dutit, and function5under thi' Proclamation the Commission shall be asissted by officers in thego~ernment scrvi.e made available for such purpose by the Secretary for Justice.(2) The Commission may. with the concur. rence of. and on such conditions asmay be determined b; the Administrator-General. obtain for the purposes of itsfunctions on a temporary basis" or for a particular matter the services of an)person who is not an officer referred to in subsection (a).Expenditure in connection with functions of Commission10. The expend;ture in connection with the exercise of the Commission's powersor the performance of its duties and functions shall be paid out of moneyappropriated by law for such purpose.Offences and penalties11. A person who(a) contravenes or fails to comply with theprovisions of section 4(2)(b) or (c);Administrateur-generaal toegelaat, Administrateur-generaal teen so 'n bevel ofaanbeveling appil aanteken.by dicbeslissing.(2) Die Administrateur-generaal kan, na oorweging van die verslag en redes virdie beslissing. bevel of aanbeveling van die Kommissie en bedoelde gronde virappil, en sonder om enige persoon aan te hoor, die Kommissie se beslissing. bevelof aanbeveling bekragtig, wysig of ter syde stel of die aangeleentheid na dieKommissie vir verdere ondersoek terugverwys of, met inagne. ming van diebepalings van hierdie Proklamasie, die bevel in verband daarmee uitreik wat hynodig ag. en moet die persoon wat kragtens subartikel(1) appd! aangeteken het van sy beslissing aangaande die appil in kennis stel.

(3) 'n Beslissing van die Administrateurgeneraal in subartikel (2) bedoel, isafdoende.Personeel van Kommissie9. (1) By die uitoetening van sy bevoegdhede en die %errivting van z% pligte en%erksaanhe4e kra:en% hierdie Proklamasie word die Komrn15sit b>gestaan deurbeamptes in die regeringsdiens wat vir die doel deur die Sekretaris van Justisiebeskikbaar gestel is.(2) Die Kommissie kan, met die insternming van en op . die .oorAaardes deurdie Administrateur-generaal bepaal, op 'n tydelike grondslag of vir 'n bepaaldeaangeleentheid die dienste van enige persoon was nie 'n in subartikel(I) bedoelde beampte is nie, vir die doeleindes van sy werksaamhede verkr.Uitgawe in verband met werksaamhede ran Kom.10. Die uisgawe in verband met die uitoefening van die Kommissie sebeoegdhede of die %errtg. sing van sy pligte en werksaamhede word betaal uitgeld wat vir dii doel b) wet bewillig word.Misdr'we en strawwe11. 'n Persoon wa(a) die bepalings van artikel 4(2)(b) of (c) oor.tree of versuim om daaraan te voldoen;

PAGE 549 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRENo. . l8 Buitcnpc%%one Offisirlc Koeramt 22 Mci .1989 19(b) rcfuse. or fails to comply with a notice under paragraph (c) of subsection (1)of section S. or refuses to take the oath or to make an affirmation at the request ofthe Commission in terms of paragraph (d) of the said subsection (1), or refuses toanswer any question put to him under that section.or gives to such question an answer which to his know ledge is false, or refuses orfails to furnish particulars or information required from him under that section;(c) refuses or fails to comply with an order issued by the Commission 'undersection7()(b) or (c);(d) insults, disparages or belittles the Commission, or anticipates the proceedingsat an enquiry or the findings of the Commission in a manner calculated toinfluence suchproceedings or findings;(e) wilfully hindcr or %o.ru: the Commof its.or his po'ers or the.pe.rformance ofits or his duties or functions.(f). wilfully interrupts the proceedings at an enquiry of the Commission ormisbehaves himself in any other manner in the placewhere such enquiry is held;(g) in connection with any enquiry of the Commission does anything which, ifdone in connection with the proceedings of a court of law. would have constitutedcontempt of court;(h) does anything calculated improperly to influence the Commission in respect ofanv matter being or to be considered by the

Commission,shall be guilty of an offence and liable on conviction to a fine not exceeding RS000 or to imprisonment for a period not exceeding two years or to both such fineand such imprisonment.(h) wcicr of versuim am aan 'n kcnrfiiPewingkragtens paragraaf (c) van subartikel (I) van artikel 5 te voldoen of \eier om opver.sock van die Kommissie ingevolge paragraa (d) van genoemde subartikel (1) dieeed af te * of 'n bevestiging te doen. of weier om op 'n vraag wat aan hom kra;.tens daardie artikel gestel is, 'n antwoord te verstrek, of op so 'n vraag 'n antvoordver.strek wat na sy wete onjuis is. of weier of versuim am besonderhede of inligting teverstrek wat kragtens daardie artikel vanhom vereis is;(c) weier of versuim am aan 'n bevel uitgereikdeur die Kommissie kragtens artikel 7(1)(b)of (c) te voldoen;(d) die Kommissie beledig, neerhaal of verkleiricer, of die verrigtinge by 'nondersoek of die bevindinge van die Kommissie vooruit.loop op 'n wyse wat bereken is om dit tebeinv\loed;(C.I dic Konmmi .;i of 'n lid van . p',,n.,' b*.verrigting van sy pligte of werksaamhedeopsetlik hinder of belemmer;(f) opsetlik die verrigtinge by 'n ondersoek van die Kommissie onderbreek of homop 'n ander w-yse in die plek waar die onder.sock gehou word, misdra;(S) in verband met 'n ondersoek van die Kommissie icts doen wat, indienbedoelde ondersoek verrigtinge in 'n geregshof was,minagting van die hof sou uitmaak;(h) enigiets doen wal daarop bereken is om die Kommissie onbehoorlik tebein'loed ten opsigte van enige aangeleentheid wat die Kommissie met betrekkingtot 'n ondersock oorweeg of gaan oorweeg,is aan 'n misdryf skuldig en by skuldigbevinding strafbaar met 'n boete vanhoogstens RS 000 of met gevangenisstraf vir 'n tydperk van hoogstens twee jaarof met daardie boete sowel as daardie gevangenisstraf.

r AflJU IqfF A 1i i,1 0 A r% Ila AlWA TlfA1C frA,1 IC DAI1 C.lflcrAVLOW.LI o~fl " lW UP '..f5~fl~lU 1J 15 tOfficial Ga7eitc Extraordinary 22 May 1989No. 371NLimitation q.f liability in respect of an.'thing done under this Proclanation12. The Commission or any member of its staff shall not be liable in respect ofanything done in good faith under any provision of this Proclamation.Force and effect of this Proclamation

13. This Proclamation shall cease to be of any force and effect on the date onwhich the result of the election in the territory for the constitution of a constituentassembly is determined or such later date as may be determined by theAdministrator-General by notice in the Official Gazette.Short title14. This Proclamation shall be called the Commission for the Prevention andCombating of Intimidation and Election MalpracticesProclamation, 1989.Beperking van aanspreeklikheid ten opsigt- roi icts kragtns hierdie Proklainasiegedoen12. Die Kommissie of enige lid van sy perso. neel is nie aanspreeklik ten opsigtevan enigiets wat te goeder trou kragtens 'n bepaling van hier. die Proklamasiegedoen is nie.Regskrog van hierdie Proklamasie13. Hierdie Proklamasie hou op om van krag te wees op die datum waarop dieuitslag van die verkiesing vir die samestelling van 'n grondwetge. wendevergadering vir die gebied bepaal is of op die latere datum wat dieAdministrateur-generaal by kennisgewing in die Offisi4e Koerant bepaal.Kort titel14. Hierdie Proklamasie heet die Proklamasie op die Kommissie vir dieVoorkoming en Bestry. ding van Intimidasie en Verkiesingswanpraktyke. 1989.Printed byJOHN MEINERT (PTY) LTD.Obtainabit fromSTAR BINDERS & PRINTERSP.O. Box .6. WindhoekSouth V'est AfricaGedruk deurJOHN MEINERT (ED.MS) BPK.Verkr)gbaar bySTAR BINDERS & PRINTERSPosbut 56, WindhoekSuide.AfrikaDA t=l: ql n

PAGE 551 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE°'.4SOUDARITY FREEDOM - JUSTICESWAPO PRESS RELEASELUANDA, MAY 23, 1989.RESOLUTON' OF THE CENTRAL COMMITTEE OF SWAPO ADOPTINGTHE' POLICY OF VATIONAL RECONCILIATIONThe Central Committee of SWAPO of Namibia at its extraordinary session held inLuanda, from February 6-11, 1989, conductedan In-depth review of the political situation within Namibia and

critically analysed the diplomatic efforts aimed at the implementationof the United Nations plan for Namibia.The extra-ordinary meeting of the Central Committee wasconvinced that there were real chances of a peaceful resolution of theNamibian independence question. The Central Committee therefore,decided:1. SWADO was commitied to the resolution of the independence questionthrough the United Nations controlled and supervised electionas provided for under United Nations Security Council Pesolution435 (1978). The President of SWAPO was mandated to inform theUnited Nations Secretary General accordingly.2. SWAPO. in its capacity as the leading political force in theliberation of Namibia recognised its responsibility tn the Namibian people. Hence,the Central Committee resolved toadopt a policy of national reconciliation in order to enhancethe chances of peace in Namibia.2/..SWAp.o. of Namibis. Prmanent otemer Msion to the U.N.. 801 Second Ave.,Room 1401, N.Y.C., NY. 10017. To.: (212) 557-2450

REPRODUCED-BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 552-23. The Central Committee decided that the policy of nationalreconciliation should form the corner-stone of current andfuture SWAPO activities in Namibia.4. This was regarded as an imperative necessity in view of thepolarization imposed on the Namibian people by the colonial war.5. Mistrust, suspicion and fear are some of the ugly features ofthe Namibian society today. Communities havp been set againsteadh other, tribe against tribe, race against race., wife againsthusband, son against father, daughter against mother, etc,.The SWAPO policy of national reconciliation is aimed thereforeto heal these wounds of war.6. The' Central Committee, within the frame-work of the policy ofnational reconciliation, issued a general pardon to all themisguided elements who infiltrated the rank and file of SWAPOwith the aim of serving the war efforts of the adversary.7. SWAOO had to isolate these misguided elements from the generalpublic in order to protect the struggle for national liberationand also at the same time to protect them from the wrath ofthe people.8. Now that the war has come to an end that resolution 435 isbeing implemented, thus, finally paving the way for peace for all Namibians,SWAPO, therefore, decided to pardon and release all those elements who weremisguided by the adversary during

the course of the war.9. They have been freed and are already registered with the UNECRto return to Namibia like all other Namibians in exile whovoluntarily decided to return to their Motherland - Namibia.10. The Central Committee of SWAPO calls all Namibians to returnto the people's fold and work for peace, unity and nationalreconciliation.

DAI~~ C~2 ~~orflnnhi~f fy rur AA MRI rAA MrATIONSI CENITRESouth West Africa People's Organisation(SWVAPOD of NamibiaSOLDAR T FREEDOM J cF P.O. Box 194, London NS 1 LW96, Gillespie Road, London N5Telephone: (o1-359 911i6/Telex: $86226 SWAPO GNAMIBIA: SOUTH AFRICA INFILTRATES TROOPS INTO ANGOLALuana. 24 May 1989 cNAMPA) -- South Africa is infiltrating its troops intoAngola on offensive missions in order to subvert the peace process In the region,SWAPO President Sam NuJoma disclosed today.In a statement issued in Luanda, the SWAPO leader alsorevealed that the same South African troops are being disguised as falseSWAPO guerrillas with orders to attack UNTAG positions in Namibia on theirreturn from Angola in order to implicate SWAPO.Nujoma called on the international community to put pressure on the Pretoriaregime to stop "its criminal activities aimed at disrupting the New York peaceaccords It. signed with Angola and Cuba and also sabotaging the UNIndependence Plan for Namibia".The SWAPO leader disclosed that he has recelved Intelligence reports whichindicate that members of the notorious Koevoet unit of the occupation army inNamibia were infiltrated into Angola on 17 May. Their mission is to spy onSWAPO and FAPLA bases. Upon their return, they are to be' disguised inSWAPO military uniforms, bearing arms similar to those used by SWAPOfighters and leaving visible tracks from the Angolan border leading Into Namibiawhere they are to ambush or attack UNTAG personnel. These actions wouldthen be blamed on SWAPO by South Africa.The reports also reveal that there has been a build-up of Koevoet, South Africansecurity forces and UNITA elements in the areas of Onheleiwa, Oikokola,Ongenga and Omungwelume near the Angolan border.The UNITA elements have been identified by the local population amongwhom they have been living for the past two months.UNITA has also bases at Oshidobe and Eenghoshl in addition to their Joint baseswith Koevoet in the other border areas.The reports indicate that the combined Koevoot-UNITA bands are poised for amission into Angola which will be given a UNITA face.- I -MA -IC ICCO2

OCnDIr1%,I irn VrUC A1A AIA1 e^"AAA 1#AurA7AIC rCA1'rDCnAfV±C APresident Nujoma further disclosed that the South African army has infiltratedIntc Angola another reconnaissance unit made up of UNITA and former SWAPOfighters, now South African army collaborators, who are stationed at the SouthAfrican base at Etele, north of Ondangwa. This group of fake guerrillas puts oncililian clothes on operations.A number of these former SWAPO guerrillas who have been earlier dispatched toSouth Africa together with their wives and belongings to bases set up for themwhere the South African army is training them into a destabilizing forceagainst an independent Namibia. Some of these have beenbrought back to Namibia and, together with others who refused to go to SouthAfrica but still work as false guerrillas, are now under the command of a certainLieutenant De Weal, from the South African army. This group is believed tobe operating with other fake Suerriollas from the infamous Battalion 101,Koevoet and the SADF Itself to carry out attacks and sabotage actions in bothNamibia and Angola in order to subvert the peace process.President Nujoma called on the UN Security Council in particular, whichis responsible for overseeing and implementing the New York peace accordsand Resolution 435, to put pressure on the Pretoria regime to stop Its evil schemesaimed at renewing the state of war and tension in the subregion.SWAPO, he said, remains firmly committed to the peaceful Implementation ofthe peace accords in south western Africa.(NAMPA)-2-DA/=] l;JI

PAGE 555 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRESTATEMENT BY SECRETARY-GENERAL TO SECURITY COUNCIL ININFORMAL CONSULTATIONS ON NAMIBIA24 MAY 1989I AM HAPPY TO INFORM MEMBERS OF THE SECURITY COUNCILTHAT SINCE 0600 HOURS ON SATURDAY 13 MAY,SOUTH AFRICAN SECURITY FORCES HAVE BEEN RESTRICTED TOBASE.MY SPECIAL REPRESENTATIVE AND THE FORCE COMMANDERHAVE REPORTED THAT THE WITHDRAWAL OF THE SADr TO SOUTHAFRICAHAS BEEN RESUMED,AS HAS THE DISMANTLING OF THE SrUTH-WEST AFRICATERRITORIAL FORCE.AS MEMBERS OF THE COUNCIL WILL BE AWARE,THE JOINT COMMISSION MET ON 15 AND 19 MAY IN ANGOLA*AT.RUAC'ANA AUD CAHAMA RESPECTIVELY.

MY SPECIAL- REPRESENTATIVE AND THE FORCE COMMANDER OFUNTAGWERE INVITED TO BOTH MEETINGS.I INSTRUCTED MY SPECIAL REPRESENTATIVE TO MAKE EVERYEFFORTTO ENSURE THAT THE JOINT COMMISSION'S MEETING WOULD LEADTO THE EARLIEST POSSIBLE RESUMPTIONOF FULL IMPLEMENTATION OF THE UNITED NATIONS PLAN FORNAMIBIA.I ALSO INSTRUCTED HIM TO TRY TO ENSURE THATTHE RESULTS OF THE MEETING DID NOT IN ANY WAYPRE3UDICE THE SECURITY COUNCIL'S POSITIONAS THE INTERNATIONAL AUTHORITYRESPONSIBLE FOR IMPLEMENTATION OF THE UNITED NATIONSPLAN.

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 556- 2 - ): 7ON 19 MAY I RECEIVED A LETTER FROM THE FOREIGN MINISTER OFSOUTH AFRICA WHICH HAS BEEN CIRCULATED AS DOCUMENTS/20647. THE LETTER INCLUDES THE TEXT OF THE "CAHAMAMINUTE° WHICH CONTAINS SUBSTANTIVE DETAILS OF THE POINTSAGREED BY THE MEMBERS OF THE JOINT COMMISSION. THE MOSTIMPORTANT OF THESE IS THE AGREEMENT THAT IMPLEMtNTATIONOF THE UNITED NATIONS PLAN SHOULD BE CONTINUED WITHOUTFURTHER DELAY.HOWEVER. MR. BOTHA'S LETTER WENT. ON TO STATE IN ITSPENULTIMATE PARAGRAPH .A UNILATERAL SOUTH AFRICANPOSITION WHICH IS NOT REFLECTED IN THE DOCUMENT AGREED ATCAHAMA. UPON RECEIVING MR. BOTHA'S LETTER. I IMMEDIATELYEXPRESSED TO THE SOUTH AFRICAN PERMANENT REPRESENTATIVEMY CONCERN AT WHAT APPEARED TO BE A THREAT OFUNILATERAL ACTION BY SOUTH AFRICA.I ASKED AMBASSADOR SHEARAR TO SEEK CLARIFICATION ON THISPOINT. ON 22 MAY. AMBASSADOR SHEARAR INFORMED ME THAT HEHAD BEEN INSTRUCTED TO STATE THAT HIS MINISTER'S LETTERHAD NOT BEEN INTENDED TO CONVEY A THREAT ANt SHOULD NOTBE SEEN AS SUCH. BUT THAT IT REFLECTED HIS AUTHORITIES'CONCERN AT POSSIBLE INTERNAL SECURITY PROBLEMS WHICHMIGHT DEVELOP IN NAMIBIA DURING THE TRANSITION PERIOD.

rO.n:. ay Tuf A rIi DV "ArA TIAMS CENTRE-3-I INTEND TO REPLY TODAY TO MR. BOTHA'S LETTER. I SHALLEXPRESS MY AGREEMENT WITH HIM ON THE IMPORTANCE OF ALL

CONCERNED ADHERING SCRUPULOUSLY TO THE PROVISIONS OFTHE RELEVANT AGREEMENTS AND I SHALL EMPHASIZE THAT FORME THE RELEVANT INSTRUMENT IS THE UNITED NATIONS PLAN FORNAMIBIA AS APPROVED BY THE SECURITY COUNCIL. I SHALL TAKENOTE OF THE ASSURANCE CONVEYED BY AMBASSADOR SHEARARBUT I SHALL GO ON TO SAY THAT I AM SURE MR. BOTHA WILLUNDERSTAND THAT I CANNOT ACCEPT ANY IMPLICATION THATTHE SOUT+ AFRICAN GOVERNMENT, OR'ANY OTHER PARTY*TO THISDELICATE PRQCESS. CAN UNILATERALLY RESORT TO ANYMEASURES OR MEANS WHICH ARE NOT PROVIDED FOR IN THEUNITED NATIONS PLAN. AS APPROVED BY THE SECURITY COUNCIL.I HOPE THAT THE CRISIS RESULTING FROM THE EVENTS OF 1 APRILIS NOW BEHIND US. THATr CRISIS GREATLY COMPLICATED THETASK OFESTABLISHING UNTAG IN NAMIBIA AND MAKING ALL OF ITSCOMPONENT PARTS OPERATIONAL. IN SPITE OF THOSECOMPLICATIONS. HOWEVER. MY SPECIAL REPRESENTATIVE HASMADE GOOD PROGRESS. I SHOULD NOW LIKE TO PROVIDE ANUPDATE ON HIS ACTIVrTIES.Golth A f-'C C C7

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREPAGE 558REGISTRATION OF VOTERSCOUNCIL MEMBERS WILL RECALL THAT ON 24 APRIL A"DRAFT REGISTRATION OF VOTERS PROCLAMATION" WASPUBLISHED IN NAMIBIAIN ORDER TO OBTAIN THE VIEWS OF THE NAMIBIAN PEOPLEON MATTERS PERTAINING TO THE PRINCIPLES AND PROCEDURESFOR VOTER REGISTRATION DURING THE FORTHCOMING ELECTIONS.THE DEADLINE ESTABLISHED FOR THE RECEIPT OF SUCH VIEWSAND COMMENTSVAS 15 MAY. To DATE, MY SPECIAL REPRESENTATIVEHAS RECEIVED COPIES OF THE COMMENTS OF SWAPO,HE COUNCIL OF CHURCHES IN NAMIBIA. AND THE LEGALASSISTANCE CENTRE.TOGETHER WITH HIS LEGAL ADVISERSHE IS .CURRENTLY REVIEWIAG THOSE COMMENTSAND PLANS T MEET WITH THE ADMINiSrRkTOR GENERAL ON THISMATTERDURING THE FIRST WEEK OF JUNE.RELEASE OF POLITICAL PRISONERS AND DETAINEESACTION HAS BEEN TAKEN TO INITIATE THE PROCESSFOR THE RELEASE OF NAMIBIAN POLITICAL PRISONERS ANDDETAINEES.

MY SPECIAL REPRESENTATIVE REQUESTEDFROM THE SOUTH AFRICAN AUTHORITIES A LIST OF ALL SUCHPERSONS.HE HAS ALSO MADE REQUESTS ALONG SIMILAR LINES TO SWAPOAS WELL AS TO THE AUTHORITIES IN ANGOLA AND ZAMBIA,ESTABLISHING 20 MAY AS THE DEADLINE' FOR THE RECEIPT OF THISINFORMATION.HE HAS RECEIVED PRELIMINARY RESPONSES FROM THEGOVERNMENT OF ANGOLAAND FROM SWAPO.

DCDDI~flIRfTn DV TLIC AlA LIflIA ff,~AaaiallrATlf~AIC frAlvDrRETURN OF RLFUGFESAN ADVANCE PARTY OF NAMIBIAN EXILES ARRIVED IN WINDHOEKON 10 MAY AND TOURED ENTRY POINTS THERE AND IN NORTHERNNAMIBIA. THEY HELD A MEETING WITH THE SPECIALREPRESENTATIVE ON 16 MAY AND DISCUSSED WITH HIM THEREPATRIATION PROGRAMME. THE PROGRAMME ITSELF HAS NOTYET STARTED SINCE DISCUSSIONS STILL CONTINUE WITH THESOUTH AFRICAN AUTHORITIES ABOUT THE DRAFT AMNESTYPROCLAMATION AND THE REPEAL OF DISCRIMINATORY ANDRESTRICTIVE LEGISLATION WHICH HAVE TO BE FULLY CONSISTENTWITH THE REQUIREMENTS OF THE SETTLEMENT PLAN.CIVILIAN COMPONENTTHE UNTAG CIVILIAN STAFF CONTINUES TO STRENGTHEN LIAISONWITH CHURCH LEADERS. POLITICAL PARTIES, COMMUNITYOFFICIALS AND OTHER ORGANIZATIONS. UNTAG'S CIVILIANCOMPONENT HAS NOW ESTABLISHED 21 UNTAG OFFICESTHROUGHOUT THE 10 REGIONS OF THE TERRITORY. IT IS EXPECTEDTHAT AN ADDITIONAL 14 OFFICES WILL OPEN WITHIN THE NEXTTWO WEEKS FOLLOWING THE ARRIVAL OF ADDITIONAL UNTAGCIVILIAN STAFF.rt-C~l CCQ illitl~llv~JDI 11; Vt~l~Pi V~ll J~%P ~ll) .~virlDA -I EICa

REPRODUCED BY THE NAMIBIA COMMUNICATIONS CENTREDI-6POLICE MONITORSTHE SO0 CIVILIAN POLICE MONITORSARE NOW FULLY DEPLOYED THROUGHOUT NAMIBIA. THEIRPRESENCE HAS POSITIVELY INFLUENCED THE LAW AND ORDERSITUATION, ESPECIALLY IN THE NORTHERN PART OF THETERRITORY. THEIR PERSISTENCE IN MONITORING INVESTI GATIONSHAS RESULTED IN ONE CHARGE OF MURDER AND NINE OTHERCHARGES BEING BROUGHT AGAINST MEMBERS OF THE SOUTH

AFRICAN DEFENCE AND POLICE FORCES. ONE OF THE ARRESTS WASIN REGARD TO THE CASE OF THE FATAL SHOOTING OF A TEENAGERIN THE VICINITY OF RUACANA. IN THIS CONNEXION I WOULD LIKETO STATE, WITH RESPECT TO KO-EVOET, THAT THE UNITEDNATIONS POSITION HAS BEEN AND REMAIN§" THAT THAT UNITSHOULD BE DISBANDED. I HAVE INSTRUCTED MY SPECIALREPRESENTATIVE TO CONTINUE PRESSING FOR THIS AND FOR THEEXCLUSION OF FORMER KOEVOET MEMBERS FROM THE NAMIBIANPOLICE FORCE.I HAVE ADDRESSED A LETTER TO YOU TODAY, MR. PRESIDENT,ABOUT THE INCREASE IN THE NUMBFR OF POLICE MONITORS FROM500 TO 1.000.pAr.= rf;A

PAGE 561 REPRODUCED BY THE NAMIBIACOMMUNICATIONS CENTRE-7MILITARY COMPONENT(A) INFANTRY BATTALIONSTHE BATTALIONS CONTRIBUTED BY FINLAND, KENYA ANDMALAYSIAARE NOW AT FULL STRENGTH.THEY ARE DEPLOYED IN THE NORTHEASTERN SECTOR,IN THE CENTRAL AND SOUTHERN SECTORS AND IN THENORTHWESTERN SECTOR.THEY CARR-Y OUT EXTENSIVE PATROLS AND GUARD THE WEAPONSANDEQUIPMENT OF DEMOBILIZED SWATF UNITS.(8) MI'LITARY OBSERVERS AND MONITORSTHE TOTAL STRENGTH QF THE MILITARY OB'SERVERS. ANDMONITORSREMAIN AT 299. THEY ARE DEPLOYED THROUGHOUT THETERRITORY,AS WELL AS IN ANGOLA WHERE THERE ARE 31 OBSERVERS BASEDAT LUBANGO.AS OF 13 MAY THE MONITORS IN NAMIBIA ENSURED THATTHE RESTRICTION TO BASE OF THE SADF/SWATFWAS CARRIED OUT AND MONITORED THEIR ACTIVITIES CLOSELY.THEY CONTINUED TO COUNT AND VERIFY SWATF WEAPONSHANDED OVER FOR CUSTODY BY INFANTRY BATTALIONS.ON 1l MAY UNTAG MONITORS IN ANGOLA COUNTED 5166 SWAPOFIGHTERSIN ANGOLA AT A LOCATION NORTH OF THE 16TH PARALLEL.THEY VERIFIED THAT THE FIGHTERS WERE RESTRICTED TO THEIRCAMPSBY THE ANGOLAN ARMED FORCES.

IN ACCORDANCE WITH THE UNITED NATIONS PLAN.

ncrnLaFfJlul6&I' IV0 1 MI Il. L.UWMVUIVI'..ANU 1.11!1,) ,.LIV, IrI... 1-8-I SHALL CONTINUE TO KEEP THE OF ALL SIGNIFICANTDEVELOPMENTS.MEMBERS OF THE COUNCIL INFORMEDFINALLY, MR. PRESIDENT. WITH REGARD TOTHE STRENGTHENING OF THE SPECIAL REPRESENTATIVE'S OFFICE. IHOPE TO BE IN A POSITION TO MAKE AN ANNOUNCEMENT WITHINTHE NEXT FEW DAYS.DA9--C CIC02