Contents: Background • The Nature of the United States' Obligations • Actions which should be taken by the United States Immediately and independently of the United Nations • I. American diplomatic and consular accreditation to South Africa • II. Preventing South African representation of Namibia in international affairs • III. No invocation of treaties extended to Namibia • IV. Invalidity of South African concessions and other acts • V. Treatment of American business in Namibia • VI. Political asylum for Namibian refugees • Actions which should be taken by the United States through the United Nations • I. Acceptance of Court's Opinion • II. Support for Administrating...
Contents: Background • The Nature of the United States' Obligations • Actions which should be taken by the United States Immediately and independently of the United Nations • I. American diplomatic and consular accreditation to South Africa • II. Preventing South African representation of Namibia in international affairs • III. No invocation of treaties extended to Namibia • IV. Invalidity of South African concessions and other acts • V. Treatment of American business in Namibia • VI. Political asylum for Namibian refugees • Actions which should be taken by the United States through the United Nations • I. Acceptance of Court's Opinion • II. Support for Administrating Authority • III. Travel documents and visas • IV. Postage • V. Regulation of business in Namibia • VI. Abolition of racial discrimination • VII. Protection of Namibian workers • Special Note • The report says South West Africa was recognized as a German protectorate in 1890; after the First World War it was entrusted by the League of Nations to the then Union of South Africa as a "mandated territory," to be administered for the benefit of the indigenous people; but South African rule was brutal, discriminatory, and exploitative, and the Union was repeatedly criticized by the Permanent Mandates Commission of the League for acting as if it had annexed the territory. The report says when the League was dissolved at the end of World War II, South Africa, alone of all the mandatory powers, refused either to convert its mandate into a trust territory under the United Nations or to grant it independence. The report says shortly thereafter the Union sought approval from the United Nations (which had succeeded to the League's supervisory power over mandates) to incorporate South West Africa; but the United Nations found strong opposition among the Africans and refused. The report says the South African government thereupon undertook to incorporate the territory in fact without changing its former legal status; in particular, it intensified its policy of racial segregation under the new designation of apartheid {now euphemistically called "separate development") in further violation of the U.N. Charter and of its mandate obligations. The report says American initiatives should start with a declaration of support for the United Nations administering authority for Namibia and recognition of the validity of its acts until, at the earliest possible moment, an independent government is established. The report says since the Court's opinion was not rendered in an adversary proceeding, but in response to a request for advice, it is not binding on states in the sense that a judgment in a contentious proceeding would be binding on the parties thereto; nevertheless, the opinion represents a definitive exposition of the law on the question raised by the Security Council. The report says the United States Internal Revenue Service should not grant credits against American taxes due for taxes paid by American taxpayers to the South African government on Namibian property, profits, or transactions or on business done in Namibia. The report discusses the rule of law, the General Agreement on Tariffs and Trade (GATT), arms, the military, corporations, illegal occupation.
