day in reflecting on the importance of the rule of law in achieving world peace as well as justice, freedom and dignity for all.

§ 1

Chapter 2

SUBJECTS OF INTERNATIONAL LAW

States-International Status, Attributes, and

Types

Self-Determination

Southern Rhodesia, Namibia

During his talks in Vienna with South African Prime Minister B. John Vorster on May 19-20, 1977, Vice President Walter F. Mondale presented the U.S. positions on Southern Rhodesia, Namibia, and South Africa's internal policies. Portions of the text of Vice President Mondale's statement on May 20, 1977, follow:

Put most simply, the policy which the President wished me to convey was that there was need for progress on all three issues: majority rule for Rhodesia and Namibia and a progressive transformation of South African society to the same end. We believed it was particularly important to convey the depth of our convictions. There has been a transformation in American society of which we are very proud. It affects not only our domestic life but our foreign policy as well. We cannot accept, let alone defend, the governments that reject the basic principle of full human rights, economic opportunity, and political participation for all of its people regardless of race. This basic mission was accomplished during these talks. I believe our policy is clear, and I believe the South African Government now appreciates that it is deeply rooted in American experience and values. I do not know how or whether this will affect the decisions that confront South Africa, particularly in regard to its own system, but I made it clear that without evident progress that provides full political participation and an end to discrimination, the press of international events would require us to take action based on our policy to the detriment of the constructive relations we would prefer with South Africa.

As for Rhodesia and Namibia, I believe we registered some useful progress but the significance of this progress will depend on future developments. Prime Minister Vorster agreed to support BritishAmerican efforts to get the directly interested parties to agree to an independence constitution and the necessary transitional arrange

ments, including the holding of elections in which all can take part equally, so that Zimbabwe can achieve independence during 1978 and peace.

Likewise every effort will be made to bring about a deescalation of violence, and it is believed that the negotiating process will be the best way to achieve this end. We believe this is an encouraging step in a positive direction. Hopefully we will work together to bring the interested parties to find a peaceful solution to the conflict in Rhodesia. The extent to which this pays off will, of course, remain to be seen as we pursue the British initiative. In this connection I made clear our support for these efforts and the closest collaboration with them.

I explained that our concept of the Zimbabwe Development Fund is different from that of the previous American Administration. Instead of being a fund aimed at buying out the white settlers in Rhodesia, we want to reorient that fund to a development fundone that will help build a strong economy and one that will encourage the continued participation of the white population in an independent Zimbabwe. I emphasized that the United States would support a constitution for Zimbabwe that would contain guarantees of individual rights such as freedom of speech, religion, assemblage, due process of law, and an independent judiciary and that we believe these are essential to a democratic system of government.

On Namibia I made clear that we supported the efforts of the so-called contact group-which consists of the United States, West Germany, Britain, France, and Canada-in their efforts to implement Security Council Resolution 385. In some respects the position of the South African Government, as reflected in the earlier talks, was encouraging. In those talks they agreed to free elections to be held on a nationwide basis for a constituent assembly which would develop a national constitution for an independent Namibia. They agreed that all Namibians inside and outside the country could participate, including SWAPO [South West Africa People's Organization]. They agreed that the United Nations could be involved in the electoral process to assure that it was fair and internationally acceptable.

However, potentially important differences over the structure and character of the interim administrative authority that would run Namibia while this process takes place became much clearer in the process of our talks. South Africa wants an administrative arrangement that draws upon the structure developed at the Turnhalle conference [South African-sponsored constitutional conference held in Windhoek, Namibia, beginning September 1975]. This structure, in the conference that proposed it, is based on ethnic and tribal lines, and as it stands it is unacceptable to us. We emphasized that any interim administrative arrangement must be impartial as to the ultimate structure of the Namibian government. Moreover, it must be broadly representative in order to be acceptable to all Namibians and to the international community.

For his part Mr. Vorster felt quite strongly that any such structure should be based on the work of the Turnhalle conference. We agreed to propose that the five-nation contact group meet with the South African Government before the end of the month in Capetown, at a time to be determined if the other members of the group agree to hear South Africa's views and the details of the proposed interim administrative authority, to see if an impartial broadly based and internationally acceptable structure can be found. We hope that it can be.

It is my view that the South African position on Namibia is involved in a positive direction in certain important respects. But unless this last issue can be satisfactorily resolved by the South African Government, fair free elections will be difficult if not impossible. I hope that the most serious effort will be made to find a solution that provides an impartial broadly representative and internationally acceptable interim authority in Namibia.

I also raised the question of political prisoners with regard to Namibia. I said that the United States believes that all political prisoners should be released. Mr. Vorster said he believes that what he called political detainees, some of which are held in other African countries, should be released. He said he would favorably consider our suggestion that all Namibian political prisoners be turned over to Namibia and that, in the event of a difference in view of whether a particular prisoner was political or criminal, a body of international jurors review the case and make a determination. This suggestion will be pursued as well when the contact group meets in Capetown.

South African prospects are much less bright for progress toward the change of course which we believe is essential to provide justice, stability, and peace in that country. We hope that South Africa will carefully review the implications of our policy and the changed circumstances which it creates. We hope that South Africans will not rely on any illusions that the United States will, in the end, intervene to save South Africa from the policies it is pursuing, for we will not do so.

I think the message is now clear to the South African Government. They know that we believe that perpetuating an unjust system is the surest incentive to increase Soviet influence and even racial war but quite apart from that [it] is unjustified on its own grounds. They know that we will not defend such a system and in all honesty, however, I do not know what conclusions the South African Government will draw. It is my hope that it will lead to a reassessment, to a change of course which enables us to be helpful and supportive in the difficult times that change inevitably entails. But I cannot rule out the possibility that the South African Government will not change, that our paths will diverge and our policies come into conflict should the South African Government so decide. In that event we would take steps true to our beliefs and values. We hope to be able to see progress in Rhodesia, Namibia, and South Africa. But the alternative is

real, much as we dislike it. For a failure to make progress will lead to a tragedy of human history.

76 Dept. of State Bulletin 631 (1977). For a description of the Turnhalle conference, see 22 Keesing's Contemporary Archives 27582–27583 (Feb. 20, 1976) and The London Times, Sept. 1, 1975, p. 4. For Vice President Mondale's answers to questions concerning apartheid, in South Africa, see post, Ch. 3, § 6, under heading of Racial Discrimination. The text of operative sections of U.N.S.C. Res. 385, which was adopted on Jan. 30, 1976, follows:

The Security Council,

1. Condemns the continued illegal occupation of the Territory of Namibia by South Africa;

2. Condemns the illegal and arbitrary application by South Africa of racially discriminatory and repressive laws and practices in Namibia ;

3. Condemns the South African military build-up in Namibia and any utilization of the Territory as a base for attacks on neighboring countries;

4. Demands that South Africa put an end forthwith to its policy of bantustans and the so-called homelands aimed at violating the national unity and the territorial integrity of Namibia;

5. Further condemns South Africa's failure to comply with the terms of Security Council Resolution 366 (1974) of December 17, 1974;

6. Further condemns all attempts by South Africa calculated to evade the clear demand of the United Nations for the holding of free elections under United Nations supervision and control in Namibia ;

7. Declares that in order that the people of Namibia be enabled to freely determine their own future, it is imperative that free elections under the supervision and control of the United Nations be held for the whole of Namibia as one political entity;

8. Further declares that in determining the date, time-table and modalities for the elections in accordance with paragraph 7 above, there shall be adequate time to be decided upon by the Security Council for the purposes of enabling the United Nations to establish the necessary machinery within Namibia to supervise and control such elections, as well as to enable the people of Namibia to organize politically for the purpose of such elections;

9. Demands that South Africa urgently make a solemn declaration accepting the foregoing provisions for the holding of free elections in Namibia under United Nations supervision and control, undertaking to comply with the resolutions and decisions of the United Nations and with the advisory opinion of the International Court of Justice of June 21, 1971, in regard to Namibia, and recognizing the territorial integrity and unity of Namibia as a nation;

10. Reiterates its demand that South Africa take the necessary steps to effect the withdrawal, in accordance with Resolutions 264 (1969), 269 (1969) and 366 (1974), of its illegal administration maintained in Namibia and to transfer power to the people of Namibia with the assistance of the United Nations;

11. Demands again that South Africa, pending the transfer of powers provided for in the preceding paragraph:

(a) Comply fully in spirit and in practice with the provisions of the Universal Declaration of Human Rights;

(b) Release all Namibian political prisoners, including all those imprisoned or detained in connection with offenses under so-called internal security laws, whether such Namibians have been charged or tried or are held without charge and whether held in Namibia or South Africa ;

(c) Abolish the application in Namibia of all racially discriminatory and politically repressive laws and practices, particularly bantustans and homelands;

(d) Accord unconditionally to all Namibians currently in exile for political reasons full facilities for return to their country without risk of arrest, detention, intimidation or imprisonment;