29 July 1983

Activities of transnational corporations in South Africa and Namibia and their collaboration with the racist minority regime in South Africa

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 37/39 of 3 December 1982 on the adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to the racist and colonialist regime of South Africa, 37/40 of 3 December 1982 on the implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination, 37/41 of 3 December 1982 on the Second World Conference to Combat Racism and Racial Discrimination, 37/69 of 9 December 1982 on the policies of apartheid of the Government of South Africa, 37/74 of 9 December 1982 on the implementation of the Declaration on the Denuclearization of Africa and 37/233 of 20 December 1982 on the question of Namibia,

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

Having considered the report of the Secretary-General on the policies and practices of transnational corporations regarding their activities in South Africa and Namibia, prepared pursuant to Economic and Social Council resolution 1982/69 of 27 October 1982,

Considering that the persistent operations of transnational corporations in Namibia in contravention of various United Nations resolutions continue 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 that the role of transnational corporations in the strategic sectors, including military and nuclear sectors of the South African economy, has persisted in violation of United Nations resolutions,

Considering also that the continued collaboration of transnational corporations with the racist minority regime in South Africa has caused widespread concern in recent years among national and local legislators, non-governmental organizations, trade unions, academic institutions and numerous other groups,

Affirming the need for action at the international level by intergovernmental organizations in order to complement national measures,

1. Takes note with satisfaction of the report of the Secretary-General on the policies and practices of transnational corporations regarding their activities in South Africa and Namibia, prepared pursuant to Economic and Social Council resolution 1982/69;

2. Commends those groups, bodies and institutions that have exerted pressure on transnational corporations to terminate their investments in South Africa and other forms of collaboration with the racist minority regime, and calls upon such organizations to intensify their efforts in those areas;

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

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

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

6. 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 in 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;

7. 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 in South Africa;

8. 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;

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

10. 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;

11. Reaffirming 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 were not subject to protection or espousal by their States against the claims of a future lawful Government of Namibia;

12. 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;

13. Requests the Secretary-General:

(a) To intensify the useful work of the Secretariat in the collection and dissemination of information on the activities of all 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 tenth session;

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

(d) To expand the annex to the report of the Secretary-General to include all transnational corporations operating in South Africa and Namibia;

14. Decides to include an item entitled "Responsibilities of home countries with respect to the transnational corporations operating in South Africa and Namibia in violation of the relevant resolutions and decisions of the United Nations" in the provisional agenda for the tenth session of the Commission.