Beschlüsse von Generalversammlung und Sicherheitsrat der Vereinten Nationen zur Südwestafrika-Frage 1966-1971 Source: Archiv des Völkerrechts, 15. Bd., 2. H. (1971), pp. 224-238 Published by: Mohr Siebeck GmbH & Co. KG Stable URL: http://www.jstor.org/stable/40798227 . Accessed: 15/06/2014 13:16 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . Mohr Siebeck GmbH & Co. KG is collaborating with JSTOR to digitize, preserve and extend access to Archiv des Völkerrechts. http://www.jstor.org This content downloaded from 185.44.77.89 on Sun, 15 Jun 2014 13:16:53 PM All use subject to JSTOR Terms and Conditions
Transcript
Beschlüsse von Generalversammlung und Sicherheitsrat der Vereinten Nationen zurSüdwestafrika-Frage 1966-1971Source: Archiv des Völkerrechts, 15. Bd., 2. H. (1971), pp. 224-238Published by: Mohr Siebeck GmbH & Co. KGStable URL: http://www.jstor.org/stable/40798227 .
Accessed: 15/06/2014 13:16
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp
.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].
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Beschlüsse von Generalversammlung und Sicherheitsrat der Vereinten Nationen zur Südwestafrika-Frage
1966-1971*)
1. Beschlüsse der Generalversammlung
a. Beschluß vom 27. Oktober 1966**) The General Assembly, Reaffirming the inalienable right of the people of South West Africa to freedom
and independence in accordance with the Charter of the United Nations, General Assembly resolution 15 14 (XV) of 14 December i960***) and earlier Assembly resolutions concerning the Mandated Territory of South West Africa,
Recalling the advisory opinion of the International Court of Justice of 11 July 1950, which was accepted by the General Assembly in its resolution 449 A (V) of 13 December 1950, and the advisory opinions of 7 June 1955 ****) and 1 June 1956 as well as the judgement of 21 December 1962, which have established the fact that South Africa continues to have obligations under the Mandate which was entrusted to it on 17 December 1920 and that the United Nations as the successor to the League of Nations has supervisory powers in respect of South West Africa,
Gravely concerned at the situation in the Mandated Territory, which has seriously deteriorated following the judgement of the International Court of Justice of 18 July 1966 *****),
Having studied the reports of the various committees which had been established to exercise the supervisory functions of the United Nations over the administration of the Mandated Territory of South West Africa,
Convinced that the administration of the Mandated Territory by South Africa has been conducted in a manner contrary to the Mandate, the Charter of the United Nations and the Universal Declaration of Human Rights,
Reaffirming its resolution 2074 (XX) of 17 December 1965, in particular paragraph 4 thereof which condemned the policies of apartheid and racial discri- mination practised by the Government of South Africa in South West Africa as constituting a crime against humanity,
Emphasizing that the problem of South West Africa is an issue falling within the terms of resolution 15 14 (XV),
*) Vgl. dazu das Gutachten des Internationalen Gerichtshofes vom 21. Juni 1971 über die Rechtsfolgen der fortgesetzten Anwesenheit der Südafrikanischen Union in Namibia unten S. 253 nebst Fußnote.
""*) Resolution 2145 (ÄÄI). - Abdruck nach: International Legal Materials Vol. V, No. 6, November iq66, S. iiqo ff.
***) Text: Year Book of the United Nations i960 S. 9/50. ****) Vgl. hierzu Fußnote unten S. 253. *****) Urteil im Streit zwischen Äthiopien/Liberia und der Südafrikanischen
Union in Sachen der Rechtsstellung von Südwestafrika, Archiv des Völkerrechts Bd. 13 (1966/67) S. 363 ff.
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Considering that all the efforts of the United Nations to induce the Government of South Africa to fulfil its obligations in respect of the administration of the Mandated Territory and to ensure the well-being and security of the indigenous inhabitants have been of no avail,
Mindful of the obligations of the United Nations towards the people of South West Africa,
Noting with deep concern the explosive situation which exists in the southern region of Africa,
Affirming its right to take appropriate action in the matter, including the right to revert to itself the administration of the Mandated Territory,
1. Reaffirms that the provisions of General Assembly resolution 15 14 (XV) are fully applicable to the people of the Mandated Territory of South West Africa and that, therefore, the people of South West Africa have the inalienable right to self-determination, freedom and independence in accordance with the Charter of the United Nations;
2. Reaffirms further that South West Africa is a territory having international status and that it shall maintain this status until it achieves independence;
3. Declares that South Africa has failed to fulfil its obligations in respect of the administration of the Mandated Territory and to ensure the moral and material well-being and security of the indigenous inhabitants of South West Africa, and has, in fact, disavowed the Mandate;
4. Decides that the Mandate conferred upon His Britannic Majesty to be exercised on his behalf by the Government of the Union of South Africa is therefore terminated, that South Africa has no other right to administer the Territory and that henceforth South West Africa comes under the direct responsibility of the United Nations;
5. Resolves that in these circumstances the United Nations must discharge those responsibilities with respect to South West Africa;
6. Establishes an Ad Hoc Committee for South West Africa - composed of fourteen Member States to be designated by the President of the General Assem- bly - to recommend practical means by which South West Africa should be administered, so as to enable the people of the Territory to exercise the right of self-determination and to achieve independence, and to report to the General Assembly at a special session as soon as possible and in any event not later than April 1967;
7. Calls upon the Government of South Africa forthwith to refrain and desist from any action, constitutional, administrative, political or otherwise, which will in any manner whatsoever alter or tend to alter the present inter- national status of South West Africa;
8. Calls the attention of the Security Council to the present resolution; 9. Requests all States to extend their whole-hearted co-operation and to
render assistance in the implementation of the present resolution; 10. Requests the Secretary-General to provide all assistance necessary to
implement the present resolution and to enable the Ad Hoc Committee for South West Africa to perform its duties.
b. Beschluß vom 19. Mai 1967 *) The General Assembly, Having considered the report of the Ad Hoc Committee for South West Africa, Reaffirming its resolution 15 14 (XV) of 14 December i960 containing the
Declaration on the Granting of Independence to Colonial Countries and Peoples, *) Resolution 2324 (XXII). - Abdruck nach: United Nations Monthly Chronicle
Vol. IV, 1967 No. 6 S. 36 f.
15 ArchVR 15/2
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Reaffirming its resolution 2145 (XXI) of 27 October 1966, by which it termi- nated the Mandate conferred upon His Britannic Majesty to be exercised on his behalf by the Government of the Union of South Africa and decided that South Africa had no other right to administer the Territory of South West Africa,
Having assumed direct responsibility for the Territory of South West Africa in accordance with resolution 2145 (XXI),
Recognizing that it has thereupon become incumbent upon the United Nations to give effect to its obligations by taking practical steps to transfer power to the people of South West Africa,
I Reaffirms the territorial integrity of South West Africa and the inalienable
right of its people to freedom and independence, in accordance with the Charter of the United Nations, General Assembly resolution 15 14 (XV) and all other resolutions concerning South West Africa;
II 1. Decides to establish a United Nations Council for South West Africa (here-
inafter referred to as the Council) comprising eleven Member States to be elected during the present session and to entrust to it the following powers and func- tions, to be discharged in the Territory:
(a) To administer South West Africa until independence, with the maximum possible participation of the people of the Territory;
(b) To promulgate such laws, decrees and administrative regulations as are necessary for the administration of the Territory until a legislative assembly is established following elections conducted on the basis of universal adult suffrage;
(c) To take as an immediate task all the necessary measures, in consultation with the people of the Territory, for the establishment of a constitution assembly to draw up a constitution on the basis of which elections will be held for the establishment of a legislative assembly and a responsible government;
(d) To take all the necessary measures for the maintenance of law and order in the Territory;
(e) To transfer all powers to the people of the Territory upon the declaration of independence;
2. Decides that in the exercise of its powers and in the discharge of its func- tions the Council shall be responsible to the General Assembly;
3. Decides that the Council shall entrust such executive and administrative tasks as it deems necessary to a United Nations Commissioner for South West Africa (hereinafter referred to as the Commissioner), who shall be appointed during the present session by the General Assembly on the nomination of the Secretary-General ;
4. Decides that in the performance of his tasks the Commissioner shall be re- sponsible to the Council;
III 1. Decides that: (a) The administration of South West Africa under the United Nations shall
be financed from the revenues collected in the Territory; (b) Expenses directly related to the operation of the Council and the Office
of the Commissioner - the travel and subsistence expenses of members of the Council, the remuneration of the Commissioner and his staff and the cost of ancillary facilities - shall be met the regular budget of the United Nations;
2. Requests the specialized agencies and the appropriate organs of the United Nations to render to South West Africa technical and financial assistance trough a co-ordinated emergency programme to meet the exigencies of the situation;
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IV 1. Decides that the Council shall be based in South West Africa; 2. Requests the Council to enter immediately into contact with the authorities
of South Africa in order to lay down procedures, in accordance with General Assembly resolution 2145 (XXI) and the present resolution, for the transfer of the administration of the Territory with the least possible upheaval;
3. Further requests the Council to proceed to South West Africa with a view to:
(a) Taking over the administration of the Territory; (b) Ensuring the withdrawal of South African police and military forces; (c) Ensuring the withdrawal of South African personnel and their replacement
by personnel operating under the authority of the Council; (d) Ensuring that in the utilization and recruitment of personnel preference
be given to the indigenous people; 4. Calls upon the Government of South Africa to comply without delay with
the terms of resolution 2145 (XXI) and the present resolution and to facilitate the transfer of the administration of the Territory of South West Africa to the Council;
5. Requests the Security Council to take all appropriate measures to enable the United Nations Council for South West Africa to discharge the functions and responsibilities entrusted to it by the General Assembly;
6. Requests all States to extend their whole-hearted co-operation and to render assistance to the Council in the implementation of its task;
V Requests the Council to report to the General Assembly at intervals not exceed-
ing three months on its administration of the Territory, and to submit a special report to the Assembly at its twenty-second session concerning the implementation of the present resolution;
VI Decides that South West Africa shall become independent on a date to be fixed
in accordance with the wishes of the people and that the Council shall do all in its power to enable independence to be attained by June 1968.
c. Beschluß vom 12. Juni 1968 *) The General Assembly, Having considered the report of the United Nations Council for South West
Africa, Recalling its resolutions 15 14 (XV) of 14 December i960, 2145 (XXI) of
27 October 1966, 2248 (S-V) of 19 May 1967 and 2324 (XXII) and 2325 (XXII) of 16 December 1967,
Noting with grave concern that the refusal of the Government of South Africa to withdraw its administration from the Territory of South West Africa has ob- structed the attainment of independence by the Territory in accordance with the relevant United Nations resolutions,
Mindful of the serious consequences of the continued foreign occupation by South Africa of the Territory of South West Africa, which constitutes a grave threat to international peace and security,
Concerned that the continued refusal of the Government of South Africa to comply with its obligations to the United Nations and to the international com-
munity as a whole, making it impossible for the United Nations Council for South West Africa to perform effectively the functions that were entrusted to it by the General Assembly, constitutes a flagrant defiance of the authority of the United Nations,
Deploring the defiance by the Government of South Africa of General Assem- bly resolution 2324 (XXII) and Security Council resolutions 245 (1968) of 25 January 1968 and 246 (1968) of 14 March 1968 concerning the illegal arrest, de- portation, trial and conviction of South West Africa patriots engaged in the struggle for independence,
Conscious of the special and direct responsilibity of the United Nations towards the people and the Territory of South West Africa, in accordance with the pro- visions of General Assembly resolutions 2145 (XXI) and 2248 (S-V),
Recalling Security Council resolution 246 (1968), in particular its last pre- ambular paragraph, in which the Security Council took cognizance of its special responsibility towards the people and the Territory of South West Africa,
Taking into account the views expressed by representatives of the people of South West Africa in their consultations with the United Nations Council for South West Africa,
1. Proclaims that, in accordance with the desires of its people, South West Africa shall henceforth be known as »Namibia«;
2. Takes note of the report of the United Nations Council for South West Africa and expresses its appreciation for the Council's efforts to discharge the responsibilities and functions entrusted to it;
3. Decides that the United Nations Council for South West Africa shall be called »United Nations Council for Namibia« and that the United Nations Commissioner for South West Africa shall be called »United Nations Com- missioner for Namibia«:
4. Decides that, taking into account the provisions of General Assembly resolu- tion 2248 (S-V), the United Nations Council for Namibia shall perform, as a matter of priority, the following functions:
(a) In consultation and co-operation with the specialized agencies and other appropriate organs of the United Nations, which under section III, paragraph 2, of resolution 2248 (S-V) were requested to render technical and financial assist- ance to Namibia, the Council shall assume responsibility for establishing a co- ordinated emergency programme for rendering such assistance, in order to meet the exigencies of the present situation;
(b) The Council shall organize a training programme for Namibians, in con- sultation with those Governments which indicate their interest and concern, so that a cadre of civils servants and of technical and professional personnel may be developed who would be in a position to undertake the public administration and the social, political and economic development of the State;
(c) The Council shall continue with a sense of urgency its consultations on the question of issuing to Namibians travel documents enabling them to travel abroad ;
5. Reaffirms the inalienable right of the Namibian people to freedom and independence and the legitimacy of their struggle against foreign occupation;
6. Condemns the Government of South Africa for its persistent refusal to com- ply with the resolutions of the General Assembly and the Security Council, its refusal to withdraw from Namibia and its obstruction of the efforts of the United Nations Council for Namibia to proceed to Namibia;
7. Condemns the actions of the Government of South Africa designed to con- solidate its illegal control over Namibia and to destroy the unity of the people and the territorial integrity of Namibia;
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8. Condemns the actions of those States which by their continued political, military and economic collaboration with the Government of South Africa have encouraged that Government to defy the authority of the United Nations and to obstruct the attainment of independence by Namibia;
9. Calls upon all States to desist from those dealings with the Government of South Africa which would have the effect of perpetuating South Africa's illegal occupation of Namibia and to take effective economic and other measures with a view to securing the immediate withdrawal of the South African administra- tion from Namibia;
10. Further calls upon all States to provide the necessary moral and material assistance to the Namibian people in their legitimate struggle for independence and to assist the United Nations Council for Namibia in the discharge of its mandate;
11. Considers that the continued foreign occupation of Namibia by South Africa in defiance of the relevant United Nations resolutions and of the Terri- tory's established international status constitutes a grave threat to international peace and security;
12. Reiterates its demand that the Government of South Africa withdraw from Namibia, immediately and unconditionally, all its military and police forces and its administration;
13. Recommends the Security Council urgently to take all appropriate steps to secure the implementation of the present resolution and to take effective measures in accordance with the provisions of the Charter of the United Nations to ensure the immediate removal of the South African presence from Namibia and to secure for Namibia its independence in accordance with General Assembly reso- lution 2145 (XXI);
14. Requests the Secretary-General to continue to provide all possible assistance to enable the United Nations Council for Namibia to perform its duties;
15. Requests the Secretary-General to report to the General Assembly and to the Security Council on the implementation of the present resolution.
d. Beschluß vom 16. Dezember 1968 *) The General Assembly, Recalling its resolutions 1514 (XV) of 14 December i960 and 2145 (XXI) of
27 October 1966 and subsequent resolutions on this question, Recalling further Security Council resolution 246 (1968) of 14 March 1968, in
particular the last preambular paragraph in which the Council took cognizance of its special responsibility towards the people and Territory of Namibia,
Noting with appreciation the report of the United Nations Council for Namibia,
1. Reaffirms the inalienable right of the people of Namibia to self-determina- tion and independence in conformity with General Assembly resolution 15 14 (XV) and the legitimacy of their struggle against the foreign occupation of their country;
2. Reiterates its condemnation of the Government of South Africa for its per- sistent defiance of the authority and resolutions of the United Nations, for its re- fusal to withdraw from Namibia and for its policy and actions designed to destroy the national unity and territorial integrity of Namibia;
3. Decides to draw the attention of the Security Council to the serious situ- ation which has arisen as a result of the illegal presence and actions of the Gov- ernment of South Africa in Namibia;
4. Recommends the Security Council urgently to take all effective measures, in accordance with the relevant provisions of the Charter of the United Nations, to ensure the immediate withdrawal of South African authorities from Namibia so as to enable Namibia to attain independence in accordance with the provisions of General Assembly resolutions 15 14 (XV) and 2145 (XXI);
5. Commends to the appropriate organs of the United Nations acting in con- formity with the relevant resolution of the General Assembly, for their consid- eration, the recommendations contained in the report of the United Nations Council for Namibia;
6. Requests the United Nations Council for Namibia to continue to discharge by every available means the responsibilities and functions entrusted to it;
7. Requests the Secretary-General to continue to provide the necessary assist- ance and facilities to enable the United Nations Council for Namibia to perform its duties and functions.
e. Beschluß vom 31. Oktober 1969 *) The General Assembly, Recalling its resolution 15 14 (XV) of 14 December i960, Bearing in mind the particular responsibilities of the United Nations towards
Namibia, Recalling Security Council resolution 246 (1968) of 14 March 1968, in parti-
cular the last preambular paragraph in which the Council took cognizance of its special responsibility towards the people an the Territory of Namibia,
Recalling further Security Council resolution 269 (1969) of 12 August 1969, in particular paragraph 5 in which the Government of South Africa was called upon to withdraw its administration from the Territory immediately and in any case before 4 October 1969,
Noting the report of the Secretary-General submitted in pursuance of Security Council resolution 269 (1969) concerning the situation in Namibia,
1. Reaffirms the inalienable right of the people of Namibia to self-determination and independence, in conformity with General Assembly resolution 15 14 (XV), and the legitimacy of their struggle against the foreign occupation of their country;
2. Condemns the Government of South Africa for its persistent refusal to withdraw its administration from Namibia and in particular for its defiance of paragraph 5 of Security Council resolution 269 (1969);
3. Draws the attention of the Security Council to the deteriorating situation which has arisen as a result of the refusal of South African authorities to comply with Council resolution 269 (1969).
f. Beschluß vom i. Dezember 1969**) The General Assembly, Recalling its resolutions 1514 (XV) of 14 December i960, 2145 (XXI) of 27 Octo-
ber 1966, 2248 (S-V) of 19 May 1967, 2498 (XXIV) of 31 October 1969 and its other relevant resolutions on the question of Namibia, as well as Security Council resolution 264 (1969) of 20 March 1969,
Recalling further Security Council resolution 269 (1969) of 12 August 1969, in particular paragraph 5 in which the Council called upon the Government of South Africa to withdraw its administration from Namibia immediately and in any case before 4 October 1969,
Deeply concerned over the situation in Namibia, which constitutes a threat to international peace and security and which has been further aggravated by South Africa's occupation of the Territory and that country's defiant refusal to comply with the relevant resolutions of the General Assembly and the Security Council,
Considering that the basic condition required, on the one hand, to enable the Namibian people to exercise their right to self-determination and independence and, on the other hand, to enable the United Nations to fulfil its responsibilities towards Namibia is the application of effective measures to bring to an end immediately the illegal presence of South Africa in the Territory,
Gravely concerned that the refusal of South Africa to comply with the decisions of the Security Council and the General Assembly seriously undermines and encroaches on the authority of the United Nations,
Mindful of the obligations of Member States under Article 25 of the Charter of the United Nations,
Noting with appreciation the report of the United Nations Council for Namibia, 1. Reaffirms the inalienable right of the people of Namibia to self-determination
and independence, in conformity with General Assembly resolution 15 14 (XV), and the legitimacy of their struggle against the foreign occupation of their territory;
2. Expresses solidarity with the people of Namibia in their legitimate struggle against foreign occupation and requests all States to provide increased moral and material assistance to them;
3. Condemns the Government of South Africa for its persistent refusal to withdraw its administration from the Territory and for its policies and actions designed to destroy the national unity and territorial integrity of Namibia, thus persistently violating the principles and obligations of the Charter of the United Nations;
4. Draws the attention of the Security Council to the need of taking appropriate measures in accordance with the relevant provisions of the Charter to solve the grave situation that has arisen as a result of South Africa's refusal to withdraw its administration from Namibia;
5. Commends the report of the United Nations Council for Namibia to all States and to the subsidiary organs of the General Assembly and other competent organs of the United Nations, as well as to the specialized agencies and other in- ternational organizations concerned, for appropriate action, acting in conformity with the relevant resolutions of the General Assembly and the Security Council;
6. Requests the United Nations Council for Namibia to countinue to discharge, by every available means, the functions entrusted to it in the relevant resolutions of the General Assembly;
7. Requests the Secretary-General to continue to provide the necessary assistance and facilities to the United Nations Council for Namibia to discharge its duties and functions;
8. Calls upon all States to co-operate with the United Nations Council for Na- mibia in carrying out the tasks entrusted to it.
Also on 1 December, the Assembly adopted without a vote a second resolution on Namibia, in which it noted that the Special Committee of 24 had examined 10 petitions during 1969 and that both the Special Committee and the Council for Namibia had taken these petitions into account in the course of their work.
In another action taken on the same day on the question of Namibia, the Gen- eral Assembly accepted the proposal by the Secretary-General that Agha Abdul Hamid, Assistant-Secretary-General for Public Information, in addition to his present duties, be appointed as Acting Commissioner for Namibia, effective 1 Ja- nuary 1970, until the Assembly appoints a Commissioner.
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a. Beschluß vom 25. Januar 1968 *) The Security Council, Taking note of General Assembly resolution 2145 (XXI) of 27 October 1966,
by which it terminated South Africa's Mandate over South West Africa and de- cided, inter alia, that South Africa has no other right to administer the Territory and that henceforth South West Africa comes under the direct responsability of the United Nations,
Taking note further of General Assembly resolution 2324 (XXII) of 16 De- cember 1967, in which it condemned the illegal arrest, deportation and trial at Pretoria of thirty-seven South West Africans, as a flagrant violation by the Gov- ernment of South Africa of their rights, of the international status of the Terri- tory and of General Assembly resolution 2145 (XXI),
Gravely concerned that the Government of South Africa has ignored world public opinion so overwhelmingly expressed in General Assembly resolution 2324 (XXII) by refusing to discontinue this illegal trial and to release and repatriate the South West Africans concerned,
Taking into consideration the letter of 23 January 1968 from the President of the United Nations Council for South West Africa (S/8353),
Noting with great concern that the trial is being held under arbitrary laws whose application has been illegally extended to the Territory of South West Africa in defiance of General Assembly resolutions,
Mindful of the grave consequences of the continued illegal application of these arbitrary laws by the Government of South Africa to the Territory of South West Africa,
Conscious of the special responsabilités of the United Nations towards the people and the Territory of South West Africa,
1. Condemns the refusal of the Government of South Africa to comply with the provisions of General Assembly resolution 2324 (XXII);
2. Calls upon the Government of South Africa to discontinue forthwith this illegal trial and to release and repatriate the South West Africans concerned;
3. Invites all States to exert their influence in order to induce the Government of South Africa to comply with the provisions of the present resolution;
4. Requests the Secretary-General to follow closely the implementation of the present resolution and to report thereon to the Security Council at the earliest possible date;
5. Decides to remain actively seized of the matter.
b. Beschluß vom 14. März 1968 **) The Security Council, Recalling its resolution 245 (1968) of 25 January 1968, by which it unanimously
condemned the refusal of the Government of South Africa to comply with the provisions of General Assembly resolution 2324 (XXII) of 16 December 1967 and further called upon it to discontinue forthwith the illegal trial and to release and repatriate the South West Africans concerned,
Taking into account General Assembly resolution 2145 (XXI) of 27 October 1966 by which the General Assembly of the United Nations terminated the Man-
*) Resolution [S/RES] 245 (1968). - Abdruck nach: aaO Vol. V, 1968 No. 2 S. 14 f.
**) Resolution [S/RES] 246 (1968). - Abdruck nach: aaO Vol. V, 1968 No. 4 S. 36 f.
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date of South Africa over South West Africa and assumed direct responsibility for the Territory until its independence,
Reaffirming the inalienable right of the people and Territory of South West Africa to freedom and independence in accordance with the Charter of the Uni- ted Nations and with the provisions of General Assembly resolution 15 14 (XV) of 14 December i960,
Mindful that Member States shall fulfil all their obligations as set forth in the Charter,
Distressed that the Government of South Africa has failed to comply with Security Council resolution 245 (1968),
Taking into account the memorandum of the United Nations Council for South West Africa of 25 January 1968 on the illegal detention and trial of the South West Africans concerned as also the letter of 10 February 1968 from the Presi- dent of the United Nations Council for South West Africa,
Reaffirming that the continued detention and trial and subsequent sentencing of the South West Africans constitute an illegal act and a flagrant violation of the rights of the South West Africans concerned, the Universal Declaration of Human Rights and of the international status of the Territory now under direct United Nations responsibility,
Cognizant of its special responsibility towards the people and the Territory of South West Africa,
1. Censures the Government of South Africa for its flagrant defiance of Security Council resolution 245 (1968) as well as of the authority of the United Nations of which South Africa is a Member;
2. Demands that the Government of South Africa forthwith release and re- patriate the South West Africans concerned;
3. Calls upon Members of the United Nations to co-operate with the Security Council, in pursuance of their obligations under the Charter, in order to obtain compliance by the Government of South Africa with the provisions of the present resolution;
4. Urges Member States who are in a position to contribute to the implementa- tion of the present resolution to assist the Security Council in order to obtain com- pliance by the Government of South Africa with the provision of the present re- solution;
5. Decides that in the event of failure on the part of the Government of South Africa to comply with the provisions of the present resolution, the Security Coun- cil will meet immediately to determine upon effective steps or measures in con- formity with the relevant provisions of the Charter of the United Nations;
6. Requests the Secretary-General to follow closely the implementation of the present resolution and to report thereon to the Security Council not later than 31 March 1968;
7. Decides to remain actively seized of the matter.
c. Beschluß vom 20. März 1969*) The Security Council, Taking note of General Assembly resolutions 2248 (S-V) of 19 May 1967; 2324
(XXII) and 2325 (XXII) of 16 Dezember 1967; 2372 (XXII) of 12 June 1968 and 2403 (XXIII) of 16 December 1968,
Taking into account General Assembly resolution 2145 (XXI) of 27 October 1966 by which the General Assembly of the United Nations terminated the Man-
*) Resolution 264 (1969). - Abdruck nach: aaO Vol. VI, 1969 No. 3 S. 12 f.
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date of South West Africa and assumed direct responsibility for the territory until its independence,
Recalling its resolution 245 (1968) of 25 January 1968 and 246 (1968) of 14 March 1968,
Reaffirming the inalienable right of the people of Namibia to freedom and inde- pendence in accordance with the provisions of General Assembly resolution 15 14 (XV) of 14 December i960,
Mindful of the grave consequences of South Africa's continued occupation of Namibia,
Reaffirming its special responsibility towards the people and the territory of Namibia,
1. Recognizes that the United Nations General Assembly terminated the man- date of South Africa over Namibia and assumed direct responsability for the ter- ritory until its independence;
2. Considers that the continued presence of South Africa in Namibia is illegal and contrary to the principles of the Charter and the previous decisions of the United Nations and is deterimental to the interests of the population of the ter- ritory and those of the international community;
3. Calls upon the Government of South Africa to immediately withdraw its administration from the territory;
4. Declares that the actions of the Government of South Africa designed to destroy the national unity and territorial integrity of Namibia through the esta- blishment of Bantustans are contrary to the provisions of the United Nations Charter;
5. Declares that the Government of South Africa has no right to enact the »South West Africa Affairs Bill«, as such an enactment would be a violation of the relevant resolutions of the General Assembly;
6. Condemns the refusal of South Africa to comply with General Assembly re- solutions 2145 (XXI); 2248 (S-V); 2324 (XXII); 2325 (XXII); 2372 (XXII); and 2403 (XXIII) and Security Council resolutions 245 and 246 of 1968;
7. Invites all States to exert their influence in order to obtain compliance by the Government of South Africa with the provisions of the present resolution;
8. Decides that in the event of failure on the part of the Government of South Africa to comply with the provisions of the present resolution, the Security Coun- cil will meet immediately to determine upon necessary steps or measures in ac- cordance with the relevant provisions of the Charter of the United Nations;
9. Requests the Secretary-General to follow closely the implementation of the present resolution and to report to the Security Council as soon as possible;
10. Decides to remain actively seized of the matter.
d. Beschluß vom 12. August 1969*) The Security Council, Recalling its resolution 264 (1969) of 20 March 1969, Taking note of the report of the Secretary-General contained in document
S/9204, Mindful of its responsibility to take necessary action to secure strict compliance
with the obligations entered into by States Members of the United Nations under the provisions of Article 25 of the Charter of the United Nations,
Mindful also of its responsibilities under Article 6 of the Charter of the United Nations,
2. Condemns the Government of South Africa for its refusal to comply with resolution 264 (1969) and for its persistent defiance of the authority of the United Nations;
3. Decides that the continued occupation of the territory of Namibia by the South African authorities constitutes an aggressive encroachment on the authority of the United Nations, a violation of the territorial integrity and a denial of the political sovereignty of the people of Namibia;
4. Recognizes the legitimacy of the struggle of the people of Namibia against the illegal presence of the South African authorities in the territory;
5. Calls upon the Government of South Africa to withdraw its administration from the territory immediately and in any case before 4 October 1969;
6. Decides that in the event of failure on the part of the South African Govern- ment to comply with the provisions of the preceding paragraph of the present resolution, the Security Council will meet immediately to determine upon effective measures in accordance with the appropriate provisions of the relevant chapters of the United Nations Charter;
7. Calls upon all States to refrain from all dealings with the Government of South Africa purporting to act on behalf of the territory of Namibia;
8. Requests all States to increase their moral and material assistance to the people of Namibia in their struggle against foreign occupation;
9. Requests the Secretary-General to follow closely the implementation of the present resolution and to report to the Security Council as soon as possible;
10. Decides to remain actively seized of the matter.
e. Beschluß vom 30. Januar 1970*) The Security Council, Reaffirming the inalienable right of the people of Namibia to freedom and
independence recognized in General Assembly resolution 15 14 (XV) of 14 De- cember i960,
Reaffirming General Assembly resolution 2145 (XXI) of 27 October 1966, by which the United Nations decided that the Mandate of South West Africa was terminated and assumed direct responsibility for the Territory until its indepen- dence.
Reaffirming Security Council resolution 264 (1969) which recognized the ter- mination of the Mandate and called upon the Government of South Africa im- mediately to withdraw its administration from the Territory,
Reaffirming that the extension and enforcement of South African laws in the Territory together with the continued detentions, trials and subsequent sentencing of Namibians by the Government of South Africa constitute illegal acts and flagrant violations of the rights of the Namibians concerned, the Universal Decla- ration of Human Rights and of the international status of the Territory, now under direct United Nations responsibility,
Recalling Security Council resolution 269 (1969), 1. Strongly condemns the refusal of the Government of South Africa to comply
with General Assembly and Security Council resolutions pertaining to Namibia; 2. Declares that the continued presence of the South African authorities in Na-
mibia is illegal and that consequently all acts taken by the Government of South Africa on behalf of or concerning Namibia after the termination of the Mandate are illegal and invalid;
3. Declares further that the defiant attitude of the Government of South Africa towards the Council's decisions undermines the authority of the United Nations;
4. Considers that the continued occupation of Namibia by the Government of South Africa in defiance of the relevant United Nations resolutions and of the United Nations Charter has grave consequences for the rights and interests of the people of Namibia;
5. Calls upon all States, particularly those which have economic and other interests in Namibia, to refrain from any dealings with the Government of South Africa which are inconsistent with operative paragraph 2 of this resolution ;
6. Decides to establish in accordance with rule 28 of the provisional rules of procedure an ad hoc sub-committee of the Council to study, in consultation with the Secretary-General, ways and means by which the relevant resolutions of the Council, including the present resolution, can be effectively implemented in ac- cordance with the appropriate provisions of the Charter, in the light of the flagrant refusal of South Africa to withdraw from Namibia, and to submit its recommendations by 30 April 1970;
7. Requests all States as well as the specialized agencies and other relevant United Nations organs to give the sub-committee all the information and other assistance that it may require in pursuance of this resolution;
8. Further requests the Secretary-General to give every assistance to the sub- committee in the performance of its task;
9. Decides to resume consideration of the question of Namibia as soon as the recommendations of the sub-committee have been made available.
f. Beschluß vom 29. Juli 1970*) The Security Council, Reaffirming once more the inalienable right of the people of Namibia to free-
dom and independence recognized in General Assembly resolution 15 14 (XV) of 14 December i960,
Reaffirming its resolution 264 (1969) and 276 (1970) by which the Security Council recognized the decision of the General Assembly to terminate the Man- date of South West Africa and assume direct responsibility for the territory until its independence and in which the continued presence of the South African authority in Namibia as well as all acts taken by that Government on behalf of or concerning Namibia after the termination of the Mandate were declared illegal and invalid,
Recalling its resolution 269 (1969), Noting with great concern the continued flagrant refusal of the Government
of South Africa to comply with the decisions of the Security Council demanding the immediate withdrawal of South Africa from the territory,
Deeply concerned that the enforcement of South African laws and juridical procedures in the territory have continued in violation of the international status of the territory,
Reaffirming its resolution 282 (1970) on the arms embargo against the Govern- ment of South Africa and the significance of that resolution with regard to the territory and people of Namibia,
Recalling the decisions taken by the Security Council on 30 January 1970 to establish, in accordance with rule 28 of the provisional rules of procedure, an Ad Hoc Sub-Committee of the Security Council to study, in consultation with the Secretary-General, ways and means by which the relevant resolutions of the Council, including resolution 276 (1970), could be effectively implemented in accordance with the appropriate provisions of the Charter in the light of the
*) Resolution 283 (1970). - Abdruck nach: aaO Vol. VII, 1970 No. 8/9 S. 35 f.
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flagrant refusal of South Africa to withdraw from Namibia, and to submit its recommendations to the Council,
Having examined the report submitted by the Ad Hoc Sub-Committee (S/9863) and the recommendations contained in that report,
Bearing in mind the special responsibility of the United Nations with regard to the territory of Namibia and its people,
1. Requests all States to refrain from any relations - diplomatic, consular or otherwise - with South Africa implying recognition of the authority of the South African Government over the territory of Namibia;
2. Calls upon all States maintaining diplomatic or consular relations with South Africa to issue a formal declaration to the Government of South Africa to the effect that they do not recognize any authority of South Africa with regard to Namibia and that they consider South Africa's continued presence in Namibia illegal;
3. Calls upon all States maintaining such relations to terminate existing diplo- matic and consular representation as far as they extend to Namibia and to withdraw any diplomatic or consular mission or representative residing in the territory;
4. Calls upon all States to ensure that companies and other commercial and industrial enterprises owned by, or under direct control of the State, cease all dealings with respect to commercial or industrial enterprises or concessions in Namibia;
5. Calls upon all States to withhold from their nationals or companies of their nationality not under direct government control, government loans, credit guaran- tees and other forms of financial support that would be used to facilitate trade or commerce with Namibia;
6. Calls upon all States to ensure that companies and other commercial enter- prises owned by the State or under direct control of the State cease all further investment activities including concessions in Namibia;
7. Calls upon all States to discourage their nationals or companies of their nationality not under direct governmental control from investing or obtaining concessions in Namibia, and to this end withhold protection of such investment against claims of a future lawful government of Namibia;
8. Requests all States to undertake without delay a detailed study and review of all bilateral treaties between themselves and South Africa in so far as these treaties contain provisions by which they apply to the territory of Namibia;
9. Requests the Secretary-General of the United Nations to undertake without delay a detailed study and review of all multilateral treaties to which South Africa is a party, and which either by direct reference or on the basis of relevant provisions of international law might be considered to apply to the territory of Namibia;
10. Requests the United Nations Council for Namibia to make available to the Security Council the results of its study and proposals with regard to the issuance of passports and visas for Namibians and to undertake a study and make propo- sals with regard to special passport and visa regulations to be adopted by States concerning travel of their citizens to Namibia;
11. Calls upon all States to discourage the promotion of tourism and emigration to Namibia;
12. Requests the General Assembly at its twenty-fifth session to set up a United Nations Fund for Namibia to provide assistance to Namibians who have suffered from persecution and to finance a comprehensive education and training program- me for Namibians with particular regard to their future administrative responsi- bilities of the territory;
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13. Requests all States to report to the Secretary-General on measures they have taken in order to give effect to the provisions set forth in the present reso- lution;
14. Decides to re-establish, in accordance with rule 28 of the provisional rules of procedure, the Ad Hoc Sub-Committee on Namibia and request the Ad Hoc Sub-Committee to study further effective recommendations on ways and means by which the relevant resolutions of the Council can be effectively implemented in accordance with the appropriate provisions of the Charter, in the light of the flagrant refusal of South Africa to withdraw from Namibia;
15. Requests the Ad Hoc Sub-Committee to study the replies submitted by Governments to the Secretary-General in pursuance of operative paragraph 13 of the present resolution and to report to the Council as appropriate;
16. Requests the Secretary-General to give every assistance to the Ad Hoc Sub- Committee in the performance of its tasks;
17. Decides to remain actively seized of this matter.
g. Beschluß vom 29. Juli 1970 *) The Security Council, Reaffirming the special responsibility of the United Nations with regard to the
territory and the people of Namibia, Recalling Security Council resolution 276 (1970) on the question of Namibia, Taking note of the report and recommendations submitted by the Ad Hoc Sub-
Committee established in pursuance of Security Council resolution 276 (1970), Taking further note of the recommendation of the Ad Hoc Sub-Committee on
the possibility of requesting an advisory opinion from the International Court of Justice,
Considering that an advisory opinion from the International Court of Justice would be useful for the Security Council in its further consideration of the question of Namibia and in furtherance of the objectives the Council is seeking,
1. Decides to submit in accordance with Article 96 (1) of the Charter, the fol- lowing question to the International Court of Justice with the request for an advisory opinion which shall be transmitted to the Security Council at an early date:
»What are the legal consequences for States of the continued presence of South Africa in Namibia, notwithstanding Security Council resolution 276 (1970)?«
2. Requests the Secretary-General to transmit the present resolution to the International Court of Justice, in accordance with article 65 of the Statute of the Court, accompanied by all documents likely to throw light upon the question.
*) Resolution 284 (1970). - Abdruck nach: aaO Vol. VII, 1970 No. 8/9 S. 36 f.
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