South African Apartheid
Statement of the Problem
The United Naitons has called this special meeting to address the critical situation of Apartheid in
South Africa.
1
While Apartheid has developed early on since Western settlers started livingin what is now called
South Africa and is considered in many ways common to the country, South Africa has become a
high profile case since the severity and forms of repression have escalated drastically. Apartheid has
been on the agenda of the United Nations since its beginning and we urge now more than ever
further attention to this global matter.
This special committee, a reflection of the international community’s effort to mitigate this issue at
hand demonstrates the importance that you as delegates have in resolving this conflict. Apartheid
undermines the ideals and norms of the United Nations and as global citizens we cannot tolerate
such acts and racism an violation of human rights.
History of the Issue
PRECURSOR TO APARTHEID
The roots of apartheid were founded in the 17th century before the formation of South Africa. The
first European settlers attracted by the
discovery of diamond and gold forced locals from
their land and used them for labor. In the
following centuries, the Cape colony was mostly
controlled by the British and Dutch. With the
abolition of slavery however, Dutch settlers
revolted against the British’s progressive
initiatives leading the two to combat in what is
known today as the Anglo-Boer Wars. The
outcome of the second war resulted in the
succession of the two Dutch colonies to British
control ultimately forming the Union of South
Africa.
The new Union of South Africa eliminated
slavery yet, did not offer much of any
opprotunities for its citizens. In fact, new laws were implemented that curbed the ability of black
South Africans from excercising their right to vote by imposing poll taxes. In addition to this, in
1
Apartheid: A policy of racial segregation based on doctrines of racial discrimination
1913, the Natives Land Act further eliminated black citizens from their right to property. Less than
10 percent of land was allocated for black South African settlement. Due to these policies, many
black South Africaners remained uneducated and unable to work under better paying jobs. Mostly
poor and marginalized , black South Africans were excluded from essential services and rightsi.
2
During this time, the Union of South Africa developed two national parties that carried on different
agendas, mostly positioning themselves on opposing sides of every issue. In 1912, the South African
Native National Congress, later known as the African National Congress, worked to protect the
rights of colored South Africans and later against apartheid initiatives. The opposition, the National
Party aimed in perserving white interests.
Throughout the next two decades, various segregation laws are adapted to the system that further
develop into the implementation of permanent laws of apartheid. Black South Africans are further
segregated into economic, educational, political and social sector of lifeii.
INSTITUTIONALIZATION OF APARTHEID
In 1948, after winning the all-white
elections, the National Party implemented
various laws that further restricted black
South African’s rights. This policy is named
Apartheid, which means “apartness” in
Afrikaans. The doctrine of Apartheid
constitutes whites as more supreme and
worthy than black South Africans and
blatantly discriminates black South Africans
in all forms of social and political processes.
Under Apartheid, 317 laws are established
that embed racism and repression against
black South Africans.
In the late 40s throughout the 50s, black
South Africans are restricted from many
aspects of life from marriage to the public
space. In 1949, the Mixed Marriages Act
prohibits black South Africans from
interracial marriage. The Population
Registration Act , passed in 1950, segregated
black South Africans into categories that
reflects their socioeconomic characteristics
and physical traits. Four groups were created: white, black, colored and Asian. This law kept
2
Marginalize: treated as a lesser member of society
management of the movement and employment of blacks. With the Supression of the Communism
Act in 1950, the National Party legislated this new law to maintain the working class distant from
any dangerous ideas that may encourage a revolt. By dismantling communism nationally, the
government eliminated any opposition and kept blacks marginalized and powerless. The Public
Safety Act in 1953, approved the National government to declare national state of emergencies. This
law stipulated that if any part of the country the government ordained it necessary in the safety of
its nation it would impose laws that would return order in the area where misconduct disrupted.
Within this law, a state of emergency alert could last for a period of four days to address any
problems that arose within the country. The government imposed not only the repression of
gatherings and political actions, but also the sovereingty to withdraw the civil rights of south
african citizens without a trial. If deemed necessaary, one could also imprison South African
citizens.
3
Black South Africans were not only clustered into groups and treated as foreigners, having to carry
passports at all times, but were also subject to face deportation . The Group Areas Act in 1950
prohibited blacks from entering into common areas wihtout proper documentation. It was also
common for blacks to be subject to interrogation or inspected by law enforcement officials. With the
Bantu Act in 1951, blacks are further separated from their homes when the government deports
natives to ten homelands selected by the government. With this act, blacks are dispersed and
distanced from their everyday lives and homes. Essentially, they were mandated to leave their home
and sent away as unwanted foreigners. This act also aligns with the National Party’s attempt to
prevent blacks from forming a coalition that may try to undermine their control. Between 1961 and
1994 a record of more than 3.5 million black South Africans are deported to a Bantustan, or
homeland.
4
Later upon that year, The Bantu Education Act affected the education system of these settlements
with the creation of a separate department for this group. The Black Education Department,
specifically creates a curriculum tailored to the “nature and requirements of the black people”. The
National Party established a set of skills deemed suitable for blacks such as wood cutting and
drawing water. It also reinforces the government’s attempt to prevent this group from learning high
skilled labor to attain better paying jobs. Other minorities classified as Coloured or Indians were
also subject to the law and educated for manual labor duties.
In 1959 the homelands established earlier in the decade evolved creating a new governmental
system within their homes otherwise known as the Bantu Self-Government Act. This separated
blacks into their own governing bantusans. Later that same year, economies are established within
each settlement and managed by a corporation through the Bantu Investment Cooperation Act. As a
result the consequences that were faced from this legislation impeded the lives of many black South
Sovereignty: a nation’s ability to rule its citizens as they see fit, without interference of other nations or intergovernmental
organizations (UN)
Deportation: to expel someone from a country
3
4
Africans and their future. The development of the Bantus into their separate entities where the
government believed they belonged created large disparities in the resoures available for black
south Africans and maintained a social hierarchy among other South Africansiii.
In the 50s, protests against these segregation policies emerge among South Africa’s minorities. They
are carried out throughout the local and international level. At the local level many black south
Africans in the country united in order to combat the government’s policies through protests. These
demonstrations were conducted through non-violent campaigns and were based on teachings of
Matanda Ghandi. Through organizations such as the African National Congress (ANC) and
coordination between other agencies such as the South African Indian Organization campaigns were
formed. For example, the Programme of Action guide developed by the ANC in 1948 stipulated the
forms that were acceptable to resist the Apartheid regime. Boycotts, strikes, civil disobedience
and non-cooperation were some of the different mechanisms through which campaigns were carried
out at the level. Prominent leaders were also invaluable for resistance of Apartheid at the local level
and individuals such as Nelson Mandela emerged into the national scene and later international
platform as an advocate for the end of Apartheid through his leadership of the African National
Congress and organization of
events to contest Apartheidiv.
5
An occurrence of the resistance
movement in 1952 stands out
as the beginning of such
demonstrations. The Defiance
Campaign gathered reflected
these non-violent teachings as
South Africans protested
against Apartheid by burning
their passbooks (passprots).
This first major campaign
brought Africans, Coloureds,
and Indians together that were
subject to the laws of Apartheid and at times were joined by other whites that were sympathetic to
the cause.
Other large campaigns that were carried out in the late 50s addressed many of the laws that the
national party implemented. The Western Areas Campaign was launched in reaction to the
movement of black South African citizens to designated areas or Bantusans aways from their home.
The Bantu Education Campaign also involved protesting the Bantu Education Act earlier in the
year.
5
Civil Disobedience: the refusal to follow certain laws or pay taxes or fines as a peaceful way to protest
Resistance to Apartheid however was not without unfortunate backlashes from the National Party.
Throughout the 60s, while Apartheid continued to expand, protests increased in response to the
severity and expansion of the mandate, which resulted in violent killings. For example, in response
to demonstrators from the Pan African Association refusing to carry out their passbooks the
government, permitted through the Public Safety Act of 1951, issued a state of emergency to take
action against the group that refused to carry their documentation. The violence that ensued with
the declared state of emergency, known as the Sharpeville Massacre, killed 69 people and wounded
187 individuals within 156 days of the state of emergency. Along with this act, the government also
outlaws the Pan African Association and African National Congress through the decree of the
Supression of Communism Act enacted in 1950.
In 1962, Nelson Mandela, is arrested and sentenced to five years in jail. He is charged with
encouraging workers to strike and also for leaving the country without a passport after his trip
throughout Africa and London to abolish Apartheid. In 1964, however, Mandela is sentenced to life
in jail when he, along with other local protesters, is convicted of sabotage.
Despite efforts to undermine opposition against apartheid, support to end apartheid continues and
expands.v
INTERNATIONAL EFFORTS AGAINST APARTHEID
Along with local efforts, the international community assisted in mobilizing efforts in cultivating
resistance against apartheid since the 1960s. The UN has mobilized member states to assist in
terminating apartheid and its policies. This entailed the establishment of the UN Special
Committee Against Apartheid, the International Convention on the Suppression and Punishment of
the Crime of Apartheid and embargoes.
UN EFFORTS
In 1961, the committee passes Resolution 1761 condemning apartheid and its policies. This day has
earmarked formally the battle against apartheid and encourages other member states to prevent
from engaging in relations with South Africa until it ended its racial discrimination policies.
In addition, the Special Committee Against Apartheidvi is created in 1962 as part of Resolution
1761. The Committee holds the responsibility for encouraging and overseeing international efforts
to eliminate apartheid. The Committee maintains the policies of the South African Government
under review throughout the year. The first eleven members of the Committee include Algeria,
Costa Rica, Ghana, Guinea, Haiti, Malaya, Hungary, Nepal, Nigeria, Philippines, and Somalia. The
Committee officially begins its work in 1963 and is given the responsibility over multiple initiatives
to support a political process for change.
In light of the Sharpeville massacre, the committee also observes the International Day Against
Racism to mark the anniversary of the people who lost their lives.
UN Member states, such as Liberia and Ethiopia, took a further role in the continent to petition the
International Court of Justice to declare apartheid illegitimate. These countries held a vested
interest in curbing apartheid from spreading into other regions nearby, such as South West Africa.
In 1973, the UN adopts the International Convention on the Suppression and Punishment of the
Crime of Apartheid (ICSPCA)vii. 101 member states ratify the convention, despite, a number of
nations, including western democracies have not signed nor ratified the ICSPCA The culmination of
this stepping-stone leads apartheid and its segregationist policies as a crime, which individuals can
be held accountable for. The convention defines apartheid as “inhuman acts committed for the
purpose of establishing and maintaining domination by one racial group of persons over any other
racial group of persons of establishing and systematically oppressing them.” These include the
denial of the right to life and liberty, enforcement of living conditions that are designed to seclude
the population and exploitation of the labor’s force. In essence apartheid is officially declared as a
crime against humanity.
EMBARGOES
The efforts of the UN continue to maintain to pressure for further sanctions to compel South Africa
to follow through on abolishing apartheid. In the following year, the UN Security Council attempted
to enact a form of sanctions by instilling a voluntary arms embargo.
In 1977, international pressure places further strain on the national government. The UN Security
Council votes to place a mandatory embargo on the sale of arms in South Africa. The culmination of
their efforts is realized when the UN Security Council officially condemns political violence in South
Africa, and calls the government to end Apartheid. Among this petition, the UN also upholds
granting equal rights to all citizens and releasing all political prisoners, including Nelson Mandela.
In 1979, external factors such as the revolution of Iran led South Africa’s main source of oil
terminated. This event garnered support across the international community to launch a campaign
against multinational companies, especially Shell and BP, which were involved in the oil trade with
South Africa. The campaign pressured the British government and others to end their business with
South Africa and other international boycotts followedviii.
Case Brought to the ICJ
Since Nelson Mandela passed away in this past, the world’s attention turns back to the Apartheid
years in South Africa. Even though the International Court of Justice did not play a major role in
the UN’s efforts against Apartheid, the ICJ has the capability as a judicial body to examine the
events and intervention efforts by the UN and see if they were effective. As an esteemed member of
the International Court of Justice, you and your fellow judges are tasked with evaluating the
policies and events that occurred to promote Apartheid and South Africa and see if the United
Nations responded effectively, helping to stop Apartheid. If you rule that the UN should have done
more, you task is to crate resolutions that would have stopped Apartheid sooner and held those in
power accountable for those inequalities.
Questions to Consider:
1. Why was Apartheid illegal according to international law? How did Apartheid violate
the Universal Declaration of Human Rights?
2. Why did the UN intervene?
3. How methods did they use to intervene? Were the UN intervention strategies
effective? Why or why not?
4. Could have the UN been more effective in stopping Apartheid? How?
Citations and Photo Credits
i
http://www.apartheidmuseum.org/sites/default/files/files/downloads/Learners%20book%20Chapter1.pdf
http://www.bbc.com/news/world-africa-14094918
iii
http://www.history.co.uk/study-topics/history-of-south-africa/apartheid
iv
http://www.sahistory.org.za/liberation-struggle-south-africa/apartheid-and-limits-non-violent-resistance-1948-1960
v
http://overcomingapartheid.msu.edu/unit.php?id=65-24E-2
vi
http://www.un.org/en/events/mandeladay/apartheid.shtml
vii
http://www.jus.uio.no/english/services/library/treaties/02/2-10/crime-apartheid.xml
viii
http://www.history.co.uk/study-topics/history-of-south-africa/apartheid
ii