A/RES/1542(XV) GA

30 General Assembly - Fifteenth Session expressed wishes of the people. This does not preclude con- sultations as appropriate or necessary under the terms of the free association agreed upon. Principle VII I integration with an independent State should be on the basis of complete equality between the peoples of the erstwhile Non- Self-Governing Territory and those of the independent country with which it is integrated. The peoples of both territories should have equal status and rights of citizenship and equal guarantees of fundamental rights and freedoms without any distinction or discrimination; both should have equal rights and opportunities for representation and effective participation at all levels in the executive, legislative and judicial organs of government. Pri,iciple IX Integration should have come about in the following circum- stances: (a) The integrating territory should have attained an advanced stage of self-government with free political institutions, so that its peoples would have the capacity to make a responsible choice through informed and democratic processes; (b) The integration should be the result of the freely ex- pressed wishes of the terrttory's peoples acting with full knowl- edge of the change in their status, their wishes haying been expressed through informed and democratic processes, im- partially conducted and based on universal adult suffrage. The United Nations could, when it deems it necessary, supervise these processes. Principle X The transmission of information in respect of Non-Self- Governing Territodes under Article 73 e of the Charter is subject to such limitation as security and constitutional considerations may require. This means that the extent of the ihformation may be limited in certain circumstances, but the limitation in Article 73 e cannot relieve a Member State of the obligations of Chapter XI. The "limitation" can relate only to the quantum of information of economic, social and educa- tional nature to be transmitted. Principle X I The only constitutional considerations to which Article 73 e of the Charter refers are those arising from constitutional relations of the territory with the Administering Member. They refer to a situation in which the constitution of the territory gives it self-government in economic, social and educational matters through freely elected institutions. Nevertheless, the responsibility for transmitting information under Article 73 e continues, unless these constitutional relations preclude the Government or parliament of the Administering Member from receiving statistical and other information of a technical nature relating to economic, social and educational conditions in the territory. Principle XII Security considerations have not been invoked in the past. Only in very exceptional circumstances can information on economic, social and educational conditions have any security aspect. In other circumstances, therefore, there should be no necessity to limit the transmission of information on security grounds. 1542 (XV). Transmission of information under Article 7 3 e of the Charter The General Assembly, Recalling that, by resolution 7 42 (VIII) of 27 Nov- ember 1953, the General Assembly approved a list of factors to be used as a guide in determining whether a Territory is or is no longer within the scope of Chapter XI of the Charter of the United Nations, Recalling al,so that differences of views arose among Member States concerning the status of certain terri- tories under the administrations of Portngal and Spain and described by these two States as "overseas prov- inces" of the metropolitan State concerned, and that with a view to resolving those differences the General Assembly, by resolution 1467 (XIV) of 12 December 1959, appointed the Special Committee of Six on the Transmission of Information under Article 73 e of the Charter to study the principles which shonld guidt' Members in determining whether or not an obligation exists to transmit the information called for in Article 73 e, Recognizing that the desire for independence is the rightful aspiration of peoples under colonial subjugation and that the denial of their right to self-determination constitutes a threat to the well-being of humanity and to international peace, Recalling with satisfaction the statement of the repre- sentative of Spain at the 10-l8th meeting of the Fourth Committee that his Government agrees to transmit in- formation to the Secretary-General in accordance with the provisions of Chapter XI of the Charter, Mindful of its responsibilities under Article 14 oi the Charter, Being aware that the Government of Portugal has not transmitted information on the territories under its administration which are enumerated in operative para- graph 1 below add has nut expressed any intention of doing so, and became such information as is otherwise available in r('gard to the conditions in these territories gives cattse for concern, l. Considers that, in the light of the provisions of Chapter XI of the Charter, General Assembly resolution 742 (VIII) and the principles approved hy the Assembly in resolution 1541 (XV) of 15 Drcemher 1960, the territories under the administration of Portugal listed hereunder are Non-Self-Governing Territories within the meaning of Chapter XI of the Charter: (a) The Cape Verde Archipelago; ( b) Guinea, called Portuguese Guinea; ( c) Sao Tome and Principe, and their dependencies; (d) Sao Joao Batista de Ajuda; (e) Angola, including the enclave of Cabinda; (f) Mozambique; (g) Goa and dependencies, called the State of India; ( h) Macau and dependencies ; (i) Timar and dependencies; 2. Declares that an obligation exists on the part of the Government of Portugal to transmit information under Chapter Xl of the Charter concerning these terri- tories and that it should be discharged without further delay; 3. Requests the Government of Portugal to transmit to the Secretary-General information in accordance with the provisions of Chapter XI of the Charter on the con- ditions prevailing in the territories under its administra- tion enumerated in paragraph 1 above ; 4. Requests the Secretary-General to take the nec- essary steps in pursuance of the declaration of the Gov- ernment of Spain that it is ready to act in accordance with the provisions of Chapter XI of the Charter; 5. Invites the Governments of Portugal and Spain to participate in the work of the Committee on Informa- tion from Non-Self-Governing Territories in accordance Resolutfons adopted on the reports of the Fourth Commillce 31 with the terms of paragraph 2 of General Assembly resolution 1332 (XTII) of 12 lkcemlwr 1958. 9/St/z plenary mcctiny, 15 Dcremher 1960. 1563 (XV). Petitions relating to the Territory of South West Africa The General Assembly, Having acce/1trd the advisory op1111011 of 11 July lqSO of the International Court of Justice oil the question of South \Vest Africa, 13 Having authori:;cd the Committee Oil South \Vest Africa, by resolution 749 /\ (\'III) of 28 November 1953, to examine petitions in accordance with the Mandates procedure of the League of Nations, Having received a report from the Committee dealing with petitions relating, inter alia, to the status of S(1uth \Vest Africa and conditions in the Territorv, tlw situa- tion in the Windhoek :\"ative Location, the removal of the Native Location in \Valvis Bav, conditions in the Ovamboland Native Reserve, co;1ditions in the Hoachanas Native Reserve, general conditions in the Rehoboth Community, the imprisonment of Mr. Toivo Ja-Toivo, tlw question nf the return of Hereros in Bechuanaland to South \Nest Africa and a request fnr a scholarship from a student in South \Vest Africa, 14 Noting that these petitions raise questions relating to various aspects of the administration of South West Africa and of conditions in the Territory, uprm which the Committee has presented a report, Draws the attention of the petitioners concerned to the report and observations of the Committee on South West Africa regarding qmditions in the Territory sub- mitted to the General Assembly at its fifteenth session, 15 and to the action taken by the Assembly on this report. 951th plenary meeting. 18 December 1960. 1564 (XV). Political freedom in South West Africa The General Assembly, Having noted, on the basis of the report of the Com- mittee on South West Africa, 16 that leaders of the South \Vest Africa Peoples Organisation and other Africans in the Territory of Sou;h \Vest Africa are being sub- jected to arbitrary imprisonment and deportation, l. Expresses its deep concern regarding this dis- turbing development; 2. Urges the Government of the Union of South Africa to instruct the competent authorities in the Mandated Territory of South West Africa to cease the arbitrary imprisoning and deporting of Africans, includ- ing the leaders and members of the South West Africa Peoples Organisation, and to ensure the free exercise of political rights and freedom of expression for all sectors of the population. 954th plenary meeting, 18 Dere111ber 1960. 13 Interirational status of South-West Africa, Advisory O f'i11- ion: I.CJ. Reports, 1950, p. 128. 14 Official Records of the General Assembly, Fifteenth Se.<- sion, Supplement No.12 (A/4464), part I, section IV. rn Ibid., part II. 16Ibid., Supplement No.12 (A/4464). l 565 (XV). Legal action to ensure the fulfilment of the obligations m,sumerl by the Union of South Africa in respect of the T(~rritory of South West Africa Fite General Assembly, Ncralliny its resolution 1361 (XIV) of 17 November I ()59, in which it drew the attention of Member States lo ,lie conclusions of the special report of the Committee 011 South \Vest Africa 17 concerning the legal action open to :\!ember States to submit to the International Court ,if Justice any dispute with the Union of South Africa relating to the interpretation or application of the pnll·isions oi the l\landate for the Territory of South \Vt'st Africa, if such dispute cannot be settled by 11cg-ot iation, ,Votiny with·yrmJC conrcrn that the administration oi thl' Territory, in recent vears has been conducted in a ma111H'r cc;ntrary to the· l\1a1;clate, the Charter of the United Natinns, the Universal Declaration of Human h'.ights and the resolutions of the General Assemblv, including resolution 449 A ( \') of 13 Decembt'r 195(), 1,y which :he Assembly accepted the advisory opinion of 11 July )(J~O oithe lnternational Court of Justict' on the quc:ition of South \Vest Africa,13 Notinr; that all negotiations and efforts on the part <1i the ( ;eneral Assemblv, of its several committees and organs constitutt'd and ;11thorized for this purpose, and of .'\krnlwr States acting through such committees and organs, have failed lo bring about compliance on the part nf the ( ;overnment of the Union of South Africa with its obligations under the Mandate, as is evirfenced, inter a1ia, by the following reports of the said committees and ()rgans to the Assembly : (a) Reports of the Ad l Joe Committee on South \Nest Africa to the General Assembly at its sixth, ,eventh and eighth. sessions,18 ( b) Reports of the Committee on South \Vest Africa to the General Assemblv at its ninth to fifteenth sessions, 19 • ( c) Reports of the Good Offices Committee on South Vv est Africa to the General Assembly at its thirternth and fourteenth sessions,20 Noting the aforesaid reports, and in particular the reports of the Committee on South \Vest Africa con- cerning the failure of negotiations with the Government ()f the Union of Scuth Africa and the Committee's con- clusions that the L: nion has at all times declined to co-operate in any way with the Committee in the discharge of its functions, I. N oil's with appro1.1al the observations of the Com- mittee on South \Vest Africa concerning the administra- tion of the Territory as set out in the Committee's 11 Jbid., Twelfth Session, Supplement No. 12A (A./3625). 18 Ibid., Sixth Session, Aimcxes, agenda item 38, documents :\/1901 and Add.1-3; ibid., Eighth Session, Annexes, agenda item 36, doc-uments .\/2261 and Add.I and A/2475 and Add.I and 2. 19 Jbid., .\"intlz Session, Supplement No. 14 (.'\/266() and Corr.I); ibid., 1Vinth Session, ,-/nnexcs, agenda item 34, docu- ment A/2666/Add.1; ibid., Tenth Session, Supplemmt ,11/0. 1:: ( A/2913); ibid., Tenth Session, Annexes, agenda item 30, docu- ments A/2913/ Add.I and 2; ibid., Eleventh Sl'ssion, Supplement No. 12 (A/3151; ibid., Twelfth Session, Supplemc1it No. 12 ( A/3626) ; ibid., Thirteenth Session, Supple-men/ No. 12 ( A/3906 and Add.I); ibid., Fourteenth Session, Supplement No. 12 (A/4191); ibid., Fifteenth Session, Supplement No. 12 (A/4464). zo Ibid., Thirteenth Session, Annexes, agenda item 39, docu- rnent A/3900; ibid., Fourteenth Sessin11, Annexes, agenda item JS, document A/4224.

UN Project. “A/RES/1542(XV).” UN Project, https://un-project.org/votes/resolution/A-RES-1542(XV)/. Accessed .

Copy citation