Haganum Model United Nations Gymnasium Haganum, The Hague Research Reports Historical Committee in 1986 The question of apartheid in South Africa 4th, 5th and 6th of March 2016 Haganum Model United Nations 2016| 4th of March – 6th of March 2016 Forum: Historical Committee in 1986 Issue: The question of apartheid in South Africa Student Officer: Robin van der Haar Position: Deputy President Introduction With the enactment of apartheid laws in 1948, racial discrimination was institutionalized. Race laws touched every aspect of social life, including a prohibition of marriage between non-whites and whites, and the sanctioning of ``white-only'' jobs. In 1950, the Population Registration Act required that all South Africans be racially classified into one of three categories: white, black (African), or colored (of mixed decent). The coloured category included major subgroups of Indians and Asians. Classification into these categories is based on appearance, social acceptance, and descent. For example, a white person is defined as ``in appearance obviously a white person or generally accepted as a white person.'' A person cannot be considered white if one of his or her parents were nonwhite. The determination that a person is ``obviously white’’ takes into account ``his habits, education, and speech and deportment and demeanor.'' A black person is someone that is accepted as a member of an African tribe or race, and a colored person is one that is not black or white. The Department of Home Affairs (a government bureau) is responsible for the classification of the citizenry. Non-compliance with the race laws is dealt with harshly. All blacks are required to carry ``pass books'' containing fingerprints, photo and information on access to non-black areas. In 1951, the Bantu Authorities Act established a basis for ethnic government in African reserves, known as ``homelands.'' These homelands are independent states to which each African was assigned by the government according to the record of origin (which was frequently inaccurate). All political rights, including voting, held by an African are restricted to the designated homeland. The idea was that they are citizens of the homeland, losing their citizenship in South Africa and any right of involvement with the South African Parliament, which holds complete hegemony over the homelands. From 1976 to 1981, four of these homelands were created, denationalizing nine million South Africans. The homeland administrations refuse the nominal independence, maintaining pressure for political rights 2 RESEARCH REPORTS Haganum Model United Nations 2016| 4th of March –6th of March 2016 within the country as a whole. Nevertheless, Africans living in the homelands need passports to enter South Africa: aliens in their own country. In 1953, the Public Safety Act and the Criminal Law Amendment Act were passed, which empowered the government to declare stringent states of emergency and increased penalties for protesting against or supporting the repeal of a law. The penalties include fines, imprisonment and whippings. In 1960, a large group of blacks in Sharpeville refused to carry their passes; the government declared a state of emergency. The emergency lasted for 156 days, leaving 69 people dead and 187 people wounded. Wielding the Public Safety Act and the Criminal Law Amendment Act, the white regime has no intention of changing the unjust laws of apartheid. Definition of Key Terms Apartheid Word meaning "separateness", or "the state of being apart", literally "apart-hood", is a system of racial segregation in South Africa enforced through legislation by the National Party (NP), the governing party of South Africa. 3 RESEARCH REPORTS Haganum Model United Nations 2016| 4th of March – 6th of March 2016 People of colour People who do not have a white skin or a Caucasian appearance (non-white), as well as people with mixed racial heritage are counted as coloured. This usually meant black African Americans, although the terms can be applied to members of other non-white races as well. Population Registration Act An act passed in 1950, that rules all South Africans to be classified into 3 categories of race. Bantu Authorities Act Subsequently renamed the Black Authorities Act, 1951, was an act to give authority to Traditional Tribal Leader within their traditional tribal homelands in South Africa. Homelands The Bantustans or homelands, established by the Apartheid Government, were areas to which the majority of the Blacks population was moved to prevent them from living in the urban areas of South Africa. Public Safety Act and the Criminal Law Amendment Act This two acts from 1953 was passed in response to the so-called Defiance Campaign of 1952, and it included clauses like: "Any person who in any way whatsoever advises, encourages, incites, commands, aids or procures any other person ... or uses language calculated to cause any other person to commit an offence by way of protest against the law... shall be guilty of an offence" Background Information The English and Dutch colonized South Africa in the seventeenth century. English domination of the Dutch descendants (known as Boers or Afrikaners) resulted in the Dutch establishing the new colonies of Orange Free State and Transvaal. The discovery of diamonds in these lands around 1900 resulted in an English invasion, which sparked the Boer War. Racial segregation and white supremacy had become central aspects of South African policy long before apartheid began. The controversial 1913 Land Act, passed three years after South Africa gained its independence, marked the beginning of territorial segregation by forcing black Africans to live in reserves and making it illegal for them to work as sharecroppers. Opponents of the Land Act formed the South African National Native 4 RESEARCH REPORTS Haganum Model United Nations 2016| 4th of March –6th of March 2016 Congress, which would become the African National Congress (ANC). Following independence from England, an uneasy power-sharing between the two groups held sway until the 1940's, when the Afrikaner National Party was able to gain a strong majority. Strategists in the National Party invented apartheid as a means to cement their control over the economic and social system. Initially, aim of the apartheid was to maintain white domination while extending racial separation. Starting in the 60's, a plan of ``Grand Apartheid'' was executed, emphasizing territorial separation and police repression. Recent Events In the early 1980s, Botha's National Party government started to recognise the inevitability of the need to reform apartheid. Early reforms were driven by a combination of internal violence, international condemnation, changes within the National Party's constituency, and changing demographics—whites constituted only 16% of the total population, in comparison to 20% fifty years earlier. In 1983, a new constitution was passed implementing what was called the Tricameral Parliament, giving coloureds and Indians voting rights and parliamentary representation in separate houses – the House of Assembly (178 members) for whites, the House of Representatives (85 members) for coloureds and the House of Delegates (45 members) for Indians. Each House handled laws pertaining to its racial group's "own affairs", including health, education and other community issues. All laws relating to "general affairs" (matters such as defence, industry, taxation and Black affairs) were handled by a cabinet made up of representatives from all three houses. However, the white chamber had a large majority on this cabinet, ensuring that effective control of the country remained in white hands. Blacks, although making up the majority of the population, were excluded from representation; they remained nominal citizens of their homelands. The first Tricameral elections were largely boycotted by Coloured and Indian voters, amid widespread rioting. Concerned over the popularity of Mandela, Botha denounced him as an arch-Marxist committed to violent revolution, but to appease black opinion and nurture Mandela as a benevolent leader of blacks, the government moved him from Robben Island to Pollsmoor Prison in a rural area just outside Cape Town, where prison life was easier. The government allowed Mandela more visitors, including visits and interviews by foreigners, to let the world know that he was being treated well. Black homelands were declared nation-states and pass laws were abolished. Black labour unions were legitimised, the government recognised the right of blacks to live in urban areas permanently and gave blacks property rights there. Interest was expressed in 5 RESEARCH REPORTS Haganum Model United Nations 2016| 4th of March – 6th of March 2016 rescinding the law against interracial marriage and also rescinding the law against sex between the races, which was under ridicule abroad. The spending for black schools increased, to one-seventh of what was spent per white child, up from on one-sixteenth in 1968. At the same time, attention was given to strengthening the effectiveness of the police apparatus. In January 1985, Botha addressed the government's House of Assembly and stated that the government was willing to release Mandela on condition that Mandela pledge opposition to acts of violence to further political objectives. His daughter Zinzi – his first words distributed publicly since his sentence to prison twenty-one years before, read Mandela’s reply in public. Mandela described violence as the responsibility of the apartheid regime and said that with democracy there would be no need for violence. The crowd listening to the reading of his speech erupted in cheers and chants. This response helped to further elevate Mandela's status in the eyes of those, both internationally and domestically, who opposed apartheid. Major Countries and Organizations Involved African National Congress (ANC) An organization founded as the South African Native National Congress (SANNC) on 8 January 1912 at the Waaihoek Wesleyan Church in Bloemfontein to work for the rights of the black South African population. Its current leader is Nelson Mandela; he is currently imprisoned at Robben Island, along with a number of other ANC members. It is considered as a terrorist group my a number of countries, presumably by the United States of America and South Africa The Republic of South Africa The republic, headed by president Pieter Willem Botha and his National Party (NP). United Nations At the first UN gathering in 1946, South Africa was placed on the agenda. The primary subject in question was the handling of South African Indians, a great cause of divergence between South Africa and India. In 1952, apartheid was again discussed in the aftermath of the Defiance Campaign, and the UN set up a task team to keep watch on the progress of apartheid and the racial state of affairs in South Africa. Although South Africa's 6 RESEARCH REPORTS Haganum Model United Nations 2016| 4th of March –6th of March 2016 racial policies were a cause for concern, most countries in the UN concurred that this was a domestic affair, which fell outside the UN's jurisdiction. Commonwealth South Africa's policies were subject to international scrutiny in 1960, when Macmillan criticised them during his celebrated Wind of Change speech in Cape Town. Weeks later, tensions came to a head in the Sharpeville Massacre, resulting in more international condemnation. Soon afterwards Verwoerd announced a referendum on whether the country should become a republic. Verwoerd lowered the voting age for whites to 18 and included whites in South West Africa on the roll. The referendum on 5 October that year asked whites, "Are you in favour of a Republic for the Union?", and 52% voted "Yes". As a consequence of this change of status, South Africa needed to reapply for continued membership of the Commonwealth, with which it had privileged trade links. India had become a republic within the Commonwealth in 1950, but it became clear that African and Asian member states would oppose South Africa due to its apartheid policies. As a result, South Africa withdrew from the Commonwealth on 31 May 1961, the day that the Republic came into existence. Timeline of Events Year Event Hoping to get votes from the white Africans, the National Party promises to make laws 1948 severely restricting black rights if they win the general election. The National Party defeats the United Party and apartheid begins. Volunteers begin a peaceful resistance to apartheid by breaking the laws they think 1952 are wrong. The peaceful protests include black people sitting on benches marked for white people only and being out in the city after the curfew set for blacks. A law is passed that creates a separate education system for blacks and whites. 1953 Blacks are trained to prepare them for a life as part of the working class since it is not expected that they will be allowed to do anything more than that. Nelson Mandela, an anti-apartheid activist, is arrested with several other people for 1956 fighting against apartheid. He is charged with treason, but after a four-year trial he is found not guilty. The government passes new laws to create separate homelands, called Bantustans, 1959 for the major black groups in the country. The government does this to stop blacks from being citizens of South Africa. 7 RESEARCH REPORTS Haganum Model United Nations 2016| 4th of March – 6th of March 2016 Apartheid requires blacks to carry passbooks, which contain personal information 1960 such as name, date of birth, and photos. When protestors show up at the Sharpeville police station without their passbooks, a riot breaks out and police kill 69 people. Mandela was the leader of Umkhonto we Sizwe, part of the African National 1962 Congress. He is arrested for his role in bombing government targets and sentenced to life in prison. 1974 Due to apartheid, South Africa is removed from the United Nations. South Africa is not allowed back into the United Nations until apartheid ends. Previous Attempts to Solve the Issue At the first UN gathering in 1946, South Africa was placed on the agenda. The primary subject in question was the handling of South African Indians, a great cause of divergence between South Africa and India. In 1952, apartheid was again discussed in the aftermath of the Defiance Campaign, and the UN set up a task team to keep watch on the progress of apartheid and the racial state of affairs in South Africa. Although South Africa's racial policies were a cause for concern, most countries in the UN concurred that this was a domestic affair, which fell outside the UN's jurisdiction. In April 1960, the UN's conservative stance on apartheid changed following the Sharpeville massacre, and the Security Council for the first time agreed on concerted action against the apartheid regime, demanding an end to racial separation and discrimination. From 1960 the ANC began a campaign of armed struggle of which there would later be a charge of 193 acts of terrorism from 1961 to 1963, mainly bombings and murders of civilians. Instead, the South African government began further suppression, banning the ANC and PAC. In 1961, UN Secretary-General Dag Hammarskjöld stopped over in South Africa and subsequently stated that he had been unable to reach agreement with Prime Minister Verwoerd. On 6 November 1962, the United Nations General Assembly passed Resolution 1761, condemning apartheid policies. In 1966, the UN held the first of many colloquiums on apartheid. The General Assembly announced 21 March as the International Day for the Elimination of Racial Discrimination, in memory of the Sharpeville massacre. In 1971, the General Assembly formally denounced the institution of homelands, and a motion was passed in 1974 to expel South Africa from the UN. 8 RESEARCH REPORTS Haganum Model United Nations 2016| 4th of March –6th of March 2016 On 7 August 1963 the United Nations Security Council passed Resolution 181, calling for a voluntary arms embargo against South Africa. In the same year a Special Committee Against Apartheid was established to encourage and oversee plans of action against the regime. From 1964 the US and Britain discontinued their arms trade with South Africa. The Security Council also condemned the Soweto massacre in Resolution 392. In 1977, the voluntary UN arms embargo became mandatory with the passing of Resolution 418. Economic sanctions against South Africa were also frequently debated as an effective way of putting pressure on the apartheid government. In 1962, the UN General Assembly requested that its members sever political, fiscal and transportation ties with South Africa. In 1968, it proposed ending all cultural, educational and sporting connections as well. Economic sanctions, however, were not made mandatory, because of opposition from South Africa's main trading partners. In 1973, the UN adopted the Apartheid Convention, which defines apartheid and even qualifies it as a crime against humanity which might lead to international criminal prosecution of the individuals responsible for perpetrating it. This convention has however only been ratified by 107 of the 193 member states as of August 2008. The convention was initially drafted by the former USSR and Guinea, before being presented to the UN General Assembly. The convention was adopted with a vote of 91 for, and 4 (Portugal, South Africa, the United Kingdom and the United States) against the convention. In 1978 and 1983 the UN condemned South Africa at the World Conference Against Racism. After much debate, by the late 1980s the United States, the United Kingdom, and 23 other nations had passed laws placing various trade sanctions on South Africa. A disinvestment from South Africa movement in many countries was similarly widespread, with individual cities and provinces around the world implementing various laws and local regulations forbidding registered corporations under their jurisdiction from doing business with South African firms, factories, or banks. Possible Solutions Since it is not possible to force South Africa directly to take steps to abolish the system of apartheid, an indirect approach is possible. This indirect approach will be mostly consist of economic sanctions against South Africa and local regulations forbidding registered corporations under their jurisdiction from doing business with South African firms, factories, or banks. 9 RESEARCH REPORTS Haganum Model United Nations 2016| 4th of March – 6th of March 2016 Measures like hosting talks between the government and pro-black rights group like the ANC under the supervision of the UN or another neutral third party are advised as well. In the event of ineffectiveness of the trade sanctions, member nations are advised to work together to aggressively severe the economic sanctions and try to hurt the South African economy more directly. Putting arrest warrants for South African political leaders and freezing their foreign financial holdings can also be considered. Setting up a tribunal to try these political leaders for crimes against humanity is a possible solution, should no steps towards a more equal South Africa be taken. A more direct approach can be considered, such as military intervention. However, it is advised that this option should only be considered in the event of no other viable options available. Bibliography "The history of apartheid in South Africa." <http://www-cs-students.stanford.edu/~cale/cs201/apartheid.hist.html>. “Apartheid.” < http://www.history.com/topics/apartheid>. “The Homelands” <http://www.sahistory.org.za/specialfeatures/homelands#sthash.n0I3hE6G.dpuf> “1953. Criminal Law Amendment Act No 8” <https://www.nelsonmandela.org/omalley/index.php/site/q/03lv01538/04lv01828/05lv01829/0 6lv01855.htm>. “Apartheid timeline” <http://www.softschools.com/timelines/apartheid_timeline/44/>. 1 0 RESEARCH REPORTS Haganum Model United Nations 2016| 4th of March –6th of March 2016 1 1 RESEARCH REPORTS