TESTIMONY PRESENTED TO THE HEARINGS ON NAMIBIA BEFORE THE SUBCOMMITTEE ON AFRICA OF THE COMMITTEE ON FOREIGN AFFAIRS OF THE U.S. HOUSE OF REPRESENTATIVES

Testimony by Gay J. McDougall, Director, Southern Africa Project, Lawyers' Committee for Civil Rights Under Law. Contents: The Legal History of Namibia • Impact of South Africa's Illegal Occupation on Human Rights in Namibia • Relevant Security Legislation • Torture and Death in Detention • Koevoet Atrocities • Brutalities by the Army • Official Indemnity For Abuses • Commission of Inquiry into Security Legislation in Namibia • APPENDIX: LOST OF PERSONS KNOW TO HAVE BEEN DETAINED UNDER PROCLAMATION AG9 IN NAMIBIA SINCE JANUARY 1985 • The testimony discusses political trials, apartheid laws and practices, Walvis Bay, the Cape Colony, the German colonial period, expropriation of land held by indigenous people, the Namas, annexation, the Council of the League of Nations, a Class C mandate territory, the Covenant of the League of Nations, the Mandate Agreement, military or naval bases, World War II, incorporation of South West Africa into South Africa, the United Nations Trusteeship System, South African citizenship, the Bantustan system, the South West Africa Bantu Affairs Act, the Report of the Commission of Enquiry into South West African Affairs, F.H. Odendaal, the Advisory Opinion of the International Court of Justice (ICJ, World Court), the Committee on South West Africa, the Odendaal Plan, General Assembly Resolution 2145 (XXI) (1966), self-determination, the Declaration on the Granting of Independence to Colonial Countries and Peoples, Resolution 2248 (S-V) (1967), the Council for Namibia, the United Nations Charter, Resolution 276 of 1970, international peace and security, the legal consequences for States of the continuing presence on South Africa in Namibia, the Democratic Turnhalle Alliance (DTA), Security Council Resolution 385 of 1976, free elections under United Nations supervision, Resolution 435 of 1978, sanctions, the Western Permanent Members, the Western Contact Group, the Multi-Party Conference, colonization, South Africa's military attacks on Angola, the State Department, the U.S. Liaison Office to Angola, the South Africa Joint Monitoring Commission, the South Africa Defence Force (SADF), the 1977 mandatory arms embargo against South Africa, exploitation of Namibia's labor force and natural resources, transnational corporations, U.S. transnational corporations, Consolidated Diamond Mines, Tsumeb Corporation, Rossing Uranium, Rio Tinto Zinc, ISCOR, Gross Domestic Product (GDP), trade, the Department of Commerce, U.S. corporations present in Namibia, international law, Decree No. 1 for the Protection of the National Resources of Namibia, the Internal Revenue Code, the disenfranchised African population, the Terrorism Act, the Defence Act, the Police Act, Security Police, Security Districts, Sakeus Shaduka, the Lutheran Church, the South West African Territorial Force, the Minister of Defence, Ovamboland, the Administrator-General (AG), Proclamation AG 26, SWAPO combatants, the British Council of Churches, the Southern African Catholic Bishops Conference (SACBC), Nestor and Others v. Minister of Police and Others, the Windhoek Supreme Court, Kavango detainees, electric shock, Thomas Ujushona, Caltex Oil Company, Milka Mauyoma, death in detention, Tomas Shindobo Nikanor, Kaokoland, Johannes Kakuva, Napeheri Nderura, Capt. Pat King, the Namibian Supreme Court, Kaduma Katanga, Jona Hamukwaya, Sgt. Norman Abrahams, witnesses, the Kavango River, Tygerberg Hospital, unlawful killing, Catholic Archbishop Denis Hurley, Hans Rohr, the Namibian Christian Democratic Party, Nadar Kapotango, the Mariental detainees, Secretary of State George Shultz, the General Bar Council of South Africa, Justice H.P. Van Dyk, the Bar Council of Namibia, and Bryan O'Linn.