25 July 1984

Meeting 48

Activities of transnational corporations in South Africa and Namibia and collaboration of such corporations 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 38/36 of 1 December 1983 on the question of Namibia, and 38/39D on sanctions against South Africa, 38/39G on military and nuclear collaboration with South Africa, 38/39I on investments in South Africa and 38/39J on an oil embargo against South Africa, all of 5 December 1983,

Recalling further General Assembly resolution 38/50 of 7 December 1983 on activities of foreign economic and other interests which are impeding the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples in Namibia and in all other Territories under colonial domination and efforts to eliminate colonialism, apartheid and racial discrimination in southern Africa,

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

Having considered the report of the Secretary-General on the activities of transnational corporations and measures being taken by Governments to prohibit investments in South Africa and Namibia and the report of the Secretariat on the 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, prepared pursuant to Economic and Social Council resolution 1983/74 and decision 1983/182, both of 29 July 1983,

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 also that the role of transnational corporations in the strategic sectors, including the military and nuclear sectors, of the South African economy has persisted in violation of United Nations resolutions,

Considering further 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 activities of transnational corporations and measures being taken by Governments to prohibit investments in South Africa and Namibia and the report of the Secretariat on the 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, prepared pursuant to Economic and Social Council resolution 1983/74 and decision 1983/182;

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 directed towards bringing to an end 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 which 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. Call 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. 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 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 eleventh session;

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

(d) To prepare an updated report on the activities of transnational corporations in South Africa and Namibia, including an annex containing a list of all transnational corporations operating in South Africa and Namibia, to be submitted to the Commission at its eleventh session;

(e) To bring up to date for the eleventh session of the Commission the report of the Secretariat on 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.