A/RES/3111(XXVIII) GA

Resolutions adopted on the reporta of the Fourth Committee 93 Recalling further the provisions of paragraph 5 of resolution 2978 (XXVII), in which it requested the administering Powers concemed to transmit, or continue to transmit, to the Secretary-General the infarmation prescribed in Article 73 e of the Charter, as well as the fuJlest possible infarmation on political and con- stitutional developments in the Territories concerned, Having examined the chapter of the report of the Special Committee dealing with the transmittal of in- formation under Article 73 e of the Charter and the action taken by it in respect of that infarmation! Having also examined the report of the Secretary- General on this item, 5 l. Approves the chapter of the report of the Special Committee on the Situation with regard to the Imple- mentation of the Declaration on the Granting of lnde- pendence to Colonial Countries and Peoples relating to the infarmation from Non-Self-Governing Territories transmitted under Article 73 e of the Charter of the United Nations; 2. Strongly deplores that, despite the repeated rec- ommendations of the General Assembly and the Spe- cial Committee, sorne Member States having responsi- bilities far the administration of Non-Self-Goveming Territories have ceased or have failed to transmit infor- mation under Article 73 e of the Charter, have trans- mitted insufficient infarmation or have transmitted in- formation too ,late; 3. Strongly condemns the Government of Portugal for its continued refusal to recognize the colonial status of the Territories under its domination and to transmit infarmation under Article 73 e of the Charter on those Territories in complete disregard of the provisions of the relevant resolutions of the General Assembly and the Speciail Committee; 4. Reaffirms that, in the absence of a decision by the General Assembly itself that a Non-Self-Governing Territory has attained a full measure of self-government in terms of Chapter XI of the Charter, the administer- ing Power concerned should continue to transmit infar- mation under Article 73 e of the Charter with respect to that Territory; 5. Requests the administering Powers concerned to transmit, or continue to transmit, to the Secretary- General the information prescribed in Article 73 e of the Charter, as well as the fullest possible infarmation on political and constitutional developments in the Ter- ritories concemed; 6. Reiterates its request that the Administering Powers concerned transmit such information as early as possible and, at the latest, within a maximum period of six months following the expiration of ,the adminis- trative year in the Non-Self-Goveming Territories con- cemed; 7. Requests the Special Committee to continue to discharge the functions entrusted to it under General Assembly resolution 1970 (XVIII), in accordance with established procedures, and to report thereon to the Assembly at its twenty-ninth session. 2198th plenary meeting 12 December 197 3 'lbid., Twenty-eighth Session, Supplement No. 23 (A/9023/ Rev.1), chap. XXIX. 11 A/9239 and Add.1. 3111 (XXVIII). Question of Namibia The General Assembly, Having considered the question of Namibia, Having examined the report of the United Nations Council far Namibia6 and the relevant chapters of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples,7 Having heard the statement of the representative of the South West Africa People's Organization,8 who has participated in an observer capacity in the work of the United Nations Council for Namibia and also, in ac- cordance with the decision taken by the General Assem- bly at its 2139th plenary meeting on 3 October 1973,0 in the Fourth Committee's consideration of the ítem, Having also heard the statements of the petitioners,10 Recalling its resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of lndependence to Colonial Countries and Peoples, and its resolution 2621 (XXV) of 12 October 1970, con- taining the programme of action for the ful! imple- mentation of the Declaration, Recalling, in particular, its resolutions 2145 (XXI) of 27 October 1966 and 2248 (S-V) of 19 May 1967 and subsequent resolutions of both the General Assem- bly and the Security Council relating to the question of Namibia, as well as the advisory opinion of the In- ternational Court of Justice of 21 June 1971,11 deliv- ered in response to the request addressed to it by the Council in its resolution 284 (1970) of 29 J uly 1970, Taking into consideration the programme of action adopted by the lnternational Conference of Experts for the Support of Victims of Colonialism and Apartheid in Southern Africa, held at Oslo from 9 to 14 April 1973, 12 the resolutions on Namibia adopted by the Council of Ministers of the Organization of African Unity at its twenty-first ordinary session, hcld at Addis Ababa from 17 to 24 May 1973, and by the Fourth Conference of Heads of State or Govemment of Non- Aligned Countries, held at Algiers from 5 to 9 Septem- ber 1973, 13 as well as the Lusaka Declaration adopted by the United Nations Council for Namibia on 14 June 1973,14 Reaffirming that the Territory and people of Namibia are the direct responsibility of the United Nations and that the Namibian people must be enabled to attain self-determination and independe1;1ce within a united Namibia, 6 Official Records of the General Assembly, Twenty-eighth Session, Supplement No. 24 (A/9024). 7 lbid., Supplement No. 23 (A/9023/Rev.1), chaps. 1-VI and VIII. 8 lbid., Twenty-eighth Session, Fourth Committee, 2046th meeting. o See "Other decisions", p. 111. 10 Official Records of the General Assembly, Twenty-eighth Session, Fourth Committee, 2047th, 2053rd and 2060th meetings. 11 Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwith- standing Security Council Resolution 276 (1970), Advisory Opinion, l.C.J. Reports 1971, p. 16. 12 A/9061, annex, sect. IV. 1s A/9330 and Corr.l, p. 42. 14 O{ficial Records of the General Assembly, Twenty-eighth Session, Supplement No. 24 (A/9024), para. 157. 94 General Assembly-Twenty-eighth Session Bearing in mind the efforts of the Secretary-General1 5 with a view to the implementation of Security CouncH resolution 323 ( 1972) of 6 December 1972, and con- sidering that the efforts of the Unitcd Nations hav_e been utilized by the South African régime to consoh- date its illegal occupation of the Territory, Strongly deploring South Africa's continued refusal to comply with the resol~tions _and decisions _of the United Nations its contmued 11legal occupat10n of Namibia, its b~tal repression of the Namibiai:i, people and its persistent violation of their h~man nipits, as well as its efforts to destroy the nat1onal umty and territorial integrity of Namibia, and recognizing that this situation cannot continue without danger to inter- national peace and security, Deploring the policies of those States which, despite the relevant decisions of the United Nations and the adviso1 y opinion of the lnternational C:ourt of_ Justice of 21 June 1971 continue to have d1plomat1c, con- sular economic a~d other relations with South Africa, acting on behalf of or concerning Na~ibia, which h~ve the effect of supporting or encouragmg South Afnca in its defiance of the United Nations, Noting with satisfaction the opposition of the Nam- ibian people to South Africa's illegal presen~e. in the Territory and to its racist and oppress1ve pohc1es and, in particular, the progress o! their struggle for natio:1-aI liberation under the leadersh1p of the South West Afnca People's Organization, Noting with appreciation the efforts of the United Nations Counci,1 for Namibia in the discharge of the responsibilities entrusted to it by the relevant resolu- tions of the General Assembly, Having invited the United Nations Council for Nam- ibia to participate on behalf of Namibia in the Third United N ations Conference on the Law of the Sea, I 1. Reaffirms the inalienable and imprescriptible right of the people of Namibia to self-determination and in- dependence in accordance with General Assembly reso- lutions 1514 (XV) and 2621 (XXV) and subsequent resolutions, and the legitimacy of their struggle by ali means against the illegaJ occupation of their country by South Africa; 2. Recognizes that the national Iiberation movement of Namibia, the South West Africa People's Organiza- tion, is the authentic representative of the Namibian people, and supports the efforts of the movement to strengthen national unity; 3. Strongly condemns South Africa for its persistent refusal ,to withdraw from the international Territory of Namibia and for its efforts to consolidate its illegal occupation by intensified repression and by the imposi- tion of its policies of apartheid and the fragmentation of the Territory into "Bantustans", in total disregard of the wishes of the people of Namibia, tlie decisions and resolutions of the United Nations and the advisory opinion of the International Court of Justice of 21 June 1971; 4. Demands the immediate withdrawal by South Africa of ali its mili1:ary and police forces and its ad- ministration from Namibia so as to enable the Namibian people to achieve freedom and independence; 1~ See Offecial Records of the Security Council, Twenty-eighth Year, Supp/ement for April, May and /une 1973, document S/10921. 5. Takes note of the efforts of thc Secretary-Gcneral to implemcnt Security Council resolution 323 (1972); 6. Deplores the obduratc refusal of thc South Afri- can régime to comply with the resolutions ?f th~ United Nations, particularly its rcfusal to ncgot1ate m good faith for the transfer of power in Namibia; 7. Considers that the contact'i betwccn the Secre- tary-General and the Governmcnt of South Africa under the terms of Security Council resolution 323 (1_972) should be terminated as bcing detrimental to the mter- ests of the Namibian pcople; 8. Invites the Security Council to consider taking effective measures, in accordance with thc relevant Chapters of the Charter of the United Nations, to put an end to South Africa's illegal occupation of Namibia; 9. A pproves the report of the United Nations Coun- cil for N&mibia, 0 including the recommendations con- tained thcrein and the programme of work envisaged for 1974, and decides to make adequate financia} pro- vision for their implementation; 10. Commends the United Nations Council for Namibia for its efforts to fulfil .the mandate entrusted to it by thc General Assembly and requests it to continue to discharge its functions and responsibilities; 11. Calls once again upan ali Statcs to comply with the relevant provisions of the resolutions of the General Assembly and the Security Council concerning Namibia and the advisory opinion of the lnternationa,1 Court of Justice of 21 J une 197 I, and to refrain from all direct or indirect relations, economic or otherwise, with South Africa when it purports .to act on behalf of or concern- ing Namibia; 12. Urges al] States to take ali possible economic and other measures with a view to compelling South Africa to withdraw immediately from Namibia in ac- cordance with General Assembly resolutions 2145 (XXI) and 2248 (S-V); 13. Calls upon all States, .the specialized agencies and other organizations within the United Nations system, as weJl as the non-governmental organizations, to co-operate fully with the United Nations Council for Namibfa in the discharge of its mandate; 14. Requests aH States, :the specialized agencies and otlier organizations within the United Nations system, as well as the non-governmental organizations con- cerned, to render to the Namibian people, in co-opera- tion with the Organization of African Unity, a1l moral and material assistance necessary to continue their struggle for freedom and independence, and to work out, in active co-operation with the United Nations Council for Namibia and the Organization of African Unity, concrete programmes of assistance to Namibia; 15. Calls upan all States which have consular rep- resentation, whether ordinary or honorary, in Namibia to termínate such rep:-esentation, and calls upon ali States which have consuls in South Africa accredited to Namibia to withdraw such accreditation; 16. Requests all States which have agreements with South Africa relating to Namibia to enter into consulta- tions with the United Nations Council for Namibia and the Secretary-General with a view to concluding new agreements, as appropriate, on matters covered by the previous ones; 17. Requests all subsidiary organs of 1:he United Nations, intergovernrnental bodies -and conferences to ensure that the rights and interests of Namibia are pro- tected and to that end, atnong other tliings, to invite the Resolutions adopted on the reports of the Fourth Commitlee 95 United Nations Coundl for Namibia to participate in steps to encourage the organization of seminars on the an appropriate capacity whenever such rigbts and inter- question; ests are involved; 3. Decides to observe 26 August each year as Nam- 18. Decides, having regard to paragraph 2 above, to ibia Day and requests the United Nations Council for defray the expenses of a representative of the So1;1th Namibia to prepare a programme for such a commem- West Africa People's Organization when ac~ompanym?: oration. such rnissions a~ the United N:1tions Council for Nami- bia may determine and whenever c_alled for cons~lta- tion by the Council, and to auth<?nze th~ Co~ncil to utilize the financia! resources aval'lable, mcludmg the United Nations Fund for Namibia, to enable it to give assistance to the N amibian people when, in the. opinion of the Council, such assistance would be reqmred; l 9. Requests the Sccrctary-General: (a) To continue to provide the necess_ary assista!l~e and facilities to the United Nations Counc1! for Nam1b1a and to the Unitcd Nations Commissioner for Namibia for the discharge of their respective duties and functions; (b) To report to the General Assembly at its twenty- ninth session on the implementation of the present resolution; 11 l. Requests ali specialized agencies and other or- ganizations within the United Nations system and the mernber States thereof to take such necessary steps as will enable the United Nations Council for Namibia, as the legal authority for Namibia, to particípa~e fully on behalf of Namibia in the work of those agencies and organizations; 2. Requests ali specialized agencies and other or- ganizations within the United Nations ~ystem, in ~o.nsul- tation with the United Nations CounCJ,l for Namibia, to render within their respective spheres of competence, ali po~siblc assistance to the people of Namibia and their liberation movement; 3. Requests the Secretary-General, in clase co-op- eration with the United Nations Council for Namibia, to review the full and speedy implementation of the present resolution and to report thereon to the General Assembly at its twenty-ninth session; III 1. Requests the Secretary-General, in consultation with the United Nations Council far Namibia, to take concrete measures through all the media at his disposal to intensify the dissemination of information on the question of Namibia and, inter alia: (a) To issue a further series of United Nations com- memoratíve postage stamps on Namibia in arder to emphasize the direct respo~s(bility of the Un\ted Nations with regard to Narn1b1a through the Umted Nations Council for Namibia and the legitimate strug- gle being wagcd by the people of Namibia for self- determination and independence; (b) To continue to issue the Namibia Bulletin; (e) To contínue to explore additional measures for wider di5Semination of information concerning the ques- tion of Namibia and the activities of the Council; 2. Invites al] States, specialized agencies and United Nations uodies conccrns.:d, as ·,.vell as intergovernmental and non-govemmentaJ organizations h,n;ing an interest in the field of decolonizatíon, to co-üperate closely with the Unitcd Nations Council for Namibi¡, and the Secre- tary-General in the dis~emination of infonnation on Namibia and, among other things, to consider taking 2198th plenary meeting 12 December 197 3 3112 (XXVIII). United Nations Fund for Namibia The General Assembly, Recalling its resolution 2145 (XXI) of 27 Oc~ober 1966, by which the U nited N ations deci~e~ to terrnmate the Mandate of South Africa over Namibia and assume direct responsibility for the Territory until its indepen- dence and resolutíon 2248 (S-V) of 19 May 1967, by which it established the United Natíons Council for Namibia, Reaffirming its determination to continue to discharge that responsibility in regard to the Territory, Mindful tbat, by assuming direct responsibility . for Namibia, •the United Nations incurred a solemn obhga- tion to assist the people of the Territory morally and materially, Recalling further its resolutions 2679 (XXV) of 9 December 1970, 2872 (XXVI) of 20 December 1 ~71 and 3030 (XXVII) of 18 December 1972 concemmg the United Nations Fund for Namibia, established on the basis of the report of the Secretary-Genernl to the General Assembly at its twenty-sixth session, 16 Recognizing that South Africa's continued illegal occupation of Namibia at present prevents the ~nited Nations from furnishing needed, large-scale ass1stance within the Territory, Having examined the report of the Secretary-General on the operation of the United Nations Fund for Nam- ibia during 1973, 17 Having examined al.so the sections of the report of the United Nations Council for Namibia relating to the Fund,1~ 1. Expresse.s its appreciation of the report of the Secrctary-General on the operation of the United Nations Fund for Namibia during 1973; 2. Decides to allocate to the Fund the sum of $100,000 from the regular budget of the United Nations for 1974; 3. Authorizes the Secretary-General and the United Nations Council for Namibia to continue to appeal to Governments for voluntary contributions t0 the Fund; 4. Invites Governments to appeal once more to their national organízations and institutions for voluntary contributions to the Fund; 5. Urges the Secretary-General, in co-operation with the United Nations Council for Namibia, to begin the implementation of the long-term measures and studi_es outlincd in bis report to the General Asscmbly at 1ts twentv-sixth session; 6. · Appoints the Unitcd Nations Council for Namibia as trustce of the Fund and authorizes thc Council to prepare guiddines for its oricnLation rn consultation with the Secretary-Gcnernl; 10 A/8473. 11 A/9225 and Corr.1. 1s See O/ficit;./ Record.,, of the General Assembly, Twenty- eighth Session, Supplement No. 24 (A/9024).

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