HL Deb 19 May 1976 vol 370 cc1389-91
Lord BROCKWAY

My Lords, I beg leave to ask the first Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether they will ask the United Nations Security Council to declare illegal death sentences passed upon two male members, and sentences of imprisonment (for seven and five years) passed on two female members, of the South West Africa People's Organisation by the Supreme Court of Namibia, in view of the fact that the United Nations have declared South African occupation of that territory illegal.

The MINISTER of STATE, FOREIGN and COMMONWEALTH OFFICE (Lord Goronwy-Roberts)

My Lords, I do not think that this would be the best way to help these people at this stage, but we strongly support the United Nations Secretary-General in the message which he has sent to the South African Prime Minister. Furthermore, the chairman of the European Council of Ministers has, on behalf of the Nine, also sent a strongappeal for clemency on humanitarian grounds. We are urgently considering with our Ambassador in Cape Town the possibility of taking similar action ourselves. Our Ambassador has reported that procedures are available to the accused for appeal to higher authorities against conviction and sentence.

Lord BROCKWAY

My Lords, while welcoming all the proposals which the Minister has indicated, is not the Security Council the appropriate body to deal with this in view of the fact that it has declined to recognise the South African occupation of Namibia? So far as my noble friend's reference to an appeal is concerned, is he aware that an appeal has been refused, and is he also aware that none of the prisoners has been charged with assassination? One man was giving a lift. The two women, who were nurses, were only donating money. Will not this prosecution kill any idea that there may be a solution to the problem in Namibia?

Lord GORONWY-ROBERTS

My Lords, to take the last point first, certainly I agree—and Her Majesty's Government agree—that excessive action, even in regard to proven acts of terrorism where-ever they occur, could have far-reaching, adverse effects on the efforts now being made to achieve a political solution in this area, and my noble friend has made a valid point. The other points which my noble friend has raised relate to our view of the Security Council's view of legality in South-West Africa, now known as Namibia. We have our differences over the Security Council's interpretation of the South African position there. However, we accept that South Africa is the de facto Administration. Therefore, we deal with it—we hope practically and, therefore, more rewardingly in cases of this kind—for that reason. Turning to the position regarding appeal, I can only repeat what I have just said. Our Ambassador in Cape Town has reported that procedures are available to the accused for appeal to higher authorities against conviction and sentence. While in no way impugning the reports in the Press—indeed, I pay tribute to the comprehensive nature of certain reports that I have seen in the Press—I would repeat that we are assured that there are means of appeal in this case. My noble friend's final point related to the charges. I do not wish to be drawn into a discussion of the merits of the case. In a case like this, we are concerned, I hope, with the best thing to do in the interests of both humanity and political practicability.

Lord BROCKWAY

My Lords, while welcoming the assurances given by the Minister, may I ask him whether he is aware that the International Confederation of Free Trade Unions, the Methodist Church in this country and the World Council of Churches have all protested against these death sentences, and will Her Majesty's Government, as indicated, continue to press that these people shall be reprieved?

Lord GORONWY-ROBERTS

My Lords, we welcome the intervention of those bodies and officials in what is essentially an appeal for clemency without arguing the legalities of this poignant matter. I would add personally—and I am sure that my noble friend would, too—the name of his Grace the Archbishop who has similarly intervened.