27 October 1982

Activities of transnational corporations in southern Africa and their collaboration with the racist minority regime in that area

The Economic and Social Council,

Recalling General Assembly resolutions 3201 (S-VI) and 3202 (S-VI) of 1 May 1974, containing the Declaration and the Programme of Action on the Establishment of a New International Economic Order, 3281 (XXIX) of 12 December 1974, containing the Charter of Economic Rights and Duties of States, and 3362 (S-VII) of 16 September 1975 on development and international economic co-operation,

Recalling also General Assembly resolutions 35/206 F of 16 December 1980 on the role of transnational corporations in South Africa, 35/227 A of 6 March 1981 on the situation in Namibia resulting from the illegal occupation of the Territory by South Africa, 35/227 B of 6 March 1981 on the intensification and co-ordination of United Nations action in support of Namibia, 36/172 B of 17 December 1981, in which it proclaimed the year 1982 International Year of Mobilization for Sanctions against South Africa, and 36/172 O of 17 December 1981 on investments in South Africa,

Reaffirming previous Council resolutions on the activities of transnational corporations in southern Africa and their collaboration with the racist minority regime in that area,

Having considered the report of the Secretariat on the measures taken pursuant to Economic and Social Council resolution 1981/86 of 2 November 1981,

Considering that the persistent operation of transnational corporations in Namibia in contravention of various United Nations resolutions, continues to reinforce the illegal occupation of Namibia by South Africa and to pose a serious threat to the future political and economic independence of Namibia,

Considering also that the role of transnational corporations and transnational banks in the industrial and technological development of South Africa contributes to sustaining the racist minority regime of South Africa and its illegal occupation of Namibia,

Affirming the need for action at the international level by intergovernmental as well as non-governmental organizations in order to complement national measures,

1. Takes note with satisfaction of the report of the Secretariat on the measures taken pursuant to Economic and Social Council resolution 1981/86;

2. Expresses its appreciation to the Secretariat for its efforts to publicize Council resolution 1981/86 and for its elaborate recommendations as to the modalities for organizing the hearings on the activities of transnational corporations in South Africa and Namibia;

3. Commends those non-governmental organizations that have made efforts to combat apartheid and, in particular, to terminate bank loans and capital transfers to South Africa, and calls upon such organizations to intensify their useful efforts in these areas;

4. Welcomes as a positive step the policies of some Governments to bring an end to the activities of their transnational corporations in southern Africa;

5. Condemns the racist minority regime of South Africa for its perpetuation of the inhuman system of apartheid and the illegal occupation of Namibia;

6. Condemns those transnational corporations that collaborate with the racist minority regime of South Africa, and calls upon all transnational corporations to respect the various resolutions of the United Nations concerning southern Africa;

7. Calls upon all home countries of transnational corporations to take effective measures to terminate the collaboration of their transnational corporations with the racist minority regime of South Africa, to prevent further new investments and reinvestments and to bring about an immediate withdrawal of all existing investments in South Africa and Namibia;

8. Calls upon all countries concerned to re-examine their relations with the transnational corporations operating in their territories which collaborate with the racist minority regime of South Africa;

9. Calls upon all anti-apartheid movements, religious institutions and bodies, trade unions, universities and other institutions that are shareholders of transnational corporations operating in South Africa and Namibia to contribute to the efforts of the international community to eradicate apartheid by withdrawing their shareholdings in such transnational corporations;

10. Urges all transnational corporations to comply fully with the relevant resolutions of the United Nations by terminating all further investments in South Africa and Namibia and by ending their collaboration with the racist minority regime;

11. Further calls upon all States Members of the United Nations and all transnational corporations operating in South Africa and Namibia to co-operate with the Secretary-General and the Commission on Transnational Corporations in organizing public hearings on the activities of transnational corporations in South Africa and Namibia;

12. Reaffirms Security Council resolution 301 (1971) of 20 October 1971, in which the Council called upon States to abstain from entering into economic relations with South Africa in respect of Namibia and declared that rights, titles or contracts granted to individuals or corporations by South Africa after the termination of the mandate are not subject to protection or espousal by their home States against the claims of a future lawful government of Namibia;

13. Reaffirms that the code of conduct on transnational corporations should include effective measures against the collaboration of transnational corporations with the racist minority regime in southern Africa;

14. Requests the Secretary-General:

(a) To intensify the useful work of the Secretariat in the collection and dissemination of information on the activities of transnational corporations in southern Africa;

(b) To make arrangements for the organization of public hearings, to be conducted by the Commission on Transnational Corporations, with the assistance of the United Nations Centre on Transnational Corporations, on the activities of transnational corporations in South Africa and Namibia, in accordance with the modalities and procedures to be prescribed by the Commission at its ninth session;

(c) To report to the Commission on Transnational Corporations at its ninth session on the measures taken in pursuance of the present resolution;

(d) To prepare a report on the policies and practices of transnational corporations regarding their activities in South Africa and Namibia for the consideration of the Commission on Transnational Corporations at its ninth session and to include as an annex to that report a list of transnational corporations which continue to operate in strategic sectors, including military and nuclear sectors, of the southern African economy in violation of United Nations resolutions, as well as those transnational corporations that have taken measures to terminate their activities in such sectors.