A/RES/3115(XXVIII) GA

98 General Aseembly-Twenty-eighth Session Recalling the consensus adopted on 20 July 1973 by the Special Committee on the Situation with regard to the Implementation of the Declaration on the Grant- ing of Independence to Colonial Countries and Peo- ples, 26 in which the Special Committee stressed that the Government of Portugal must allow a thorough and impartia1 investigation of the reported atrocities, Convinced of the urgent need for such an interna- tional investigation, 1. Decides to establish a representative Commission of Inquiry on the Reported Massacres in Mozambique, consisting of five members to be appointed by the President of the General Assembly after due consulta- tion with Member States; 2. Instructs the Commission of Inquiry to carry out an investigation of the reported atrocities, to gather information from ·all relevant sources, to solicit the co-operation and assistance of the national liberation movement and to report its findings to the General Assembly as soon as possible; 3. Requests the Government of Portugal to co- operate with the Commission of Inquiry and to grant it all necessary facilities to enable it to carry out its mandate. 2198th plenary meeting 12 December 197 3 The President of the General Assembly subsequently in- formed the Secretary-General21 that, in pursuance of para- graph I of the above resolution, he had appointed the members of the Commission of Inquiry 011 the Reported Massacres in Mozambique. As a result, the Commission of Inquiry will be composed of the following Member States: GERMAN DEMOCRATIC REPUB- LIC, HONDURAS, MADAGASCAR, NEPAL and NORWAY. 3115 (XXVIII). Question of Southern Rhodesia The General Assembly, Having considered the question of Southern Rhodesia (Zimbabwe), Having examined the relevant chapters of the report of the Special Committee on the Situation with regard to the Implemen-tation of the Declaration on the Granting of Independence to Colonial Countries and Peoples,28 Having heard the statements of the representatives of the Zimbabwe African People's Ui;iion and the Zim- babwe African N ationa! Union, 29 w,-o participated in an observer capacity in the Fourth Committee's con- sideration of the item in accordance with .the decision taken by the General Assembly at its 2139th plenary meeting, on 3 October 1973,30 26 Official Records of the General Assembly, Twenty-eighth Session.. Supplement No. 23 (A/9023/Rev.1 ), chap. IX, para. 27. 21 A/9496. 28 Official Records of the General Assembly, Twenty-eighth Session, Supp'-nt No. 23 (A/9023/Rev.l), chaps. I and IV-VII. 29 Ibid., Twenty-eighth Session, Fourth Committee, 2038th, 2039th and 2045th meetings. ao See "Other decisions", p. 111. Having heard the statement of a petitioner/11 Recalling its resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonia'1 Countries and Peoples, and its resolution 2621 (XXV) of 12 October 1970, con- taining the programme of action for the full imple- mentation of the Declaration, as well as all other reso- lutions relating to the question of Southern Rhodesia (Zimbabwe) adopted by the General Assembly, the Security Council and the Special Committee, Taking into consideration the programme of action adopted by the International Conference of Experts for the Support of Victims of Colonialism and Apart- heid in Southern Africa, held at Oslo from 9 to 14 April 1973,32 Bearing in mind that the Government of the United Kingdom of Great Britain and Northern Ireland, as the administering Power, has the primary responsibility for putting an end to the critical situation in Southern Rhodesia (Zimbabwe) which, as repeatedly affirmed by the Security Council, constitutes a threat to inter- national peace and security, Reaffirming that any attempt to negotiate the future of Zimbabwe with the illegal regime on the basis of independence before majority rule would be in con- travention of the inalienable rights of the people of that Territory and contrary to the provisions of the Charter of the United Nations and of resolution 1514 (XV), Condemning the continued oppression of the people of Zimbabwe by the illegal racist minority regime, the arbitrary imprisonment and detention of political lead- ers and others, and the continued denial of fundamental human rights, including in particular the criminal measures of collective punishment, as well as the estab- lishment of the so-called "tribal trust lands", which creates an apartheid State in Southern Rhodesia (Zim- babwe), Condemning the continued illegal presence and in- tensified military intervention of South African forces in the Territory, which assist the racist minority regime and seriously threaten the sovereignty and territorial integrity of neighbouring African States, Strongly deploring the failure of the Government of the United Kingdom to comply with provisions of the relevant resolutions of the General Assembly and the Special Committee, and in particular its persistent refusal to co-operate with ,the Special Committee in the discharge 01 the mandate entrusted to it by the Assem- bly, Deeply disturbed at the attitude taken by the United Kingdom authorities in respect of the activities of the national ,liberation movements of Zimbabwe, including the refusal of those authorities to issue passports and travel documents to members of the movements, 1. Reaffirms the inalienable right of the people of Zimbabwe to self-determination, freedom and inde- pendence and the legitimacy of their struggle to secure by aH the means at their disposal the enjoyment of that right as set forth in the Charter of the United Nations and in conformity with the objectives of General Assembly resolution 1514 (XV); 31 Official Records of the General Assembly, Twenty-eighth Session, Fourth Committee. 2039th meeting. 32 A/9061, annex, sect. IV. Re!olutions adopted on the reports of the Fourth Committee 99 2. Reaffirms the principle that there should be no independence before majority rule in Zimbabwe and that any settlement relating to the future of the Terri- tory must be worked out with the full participation of the genuine political leaders and representatives of the national liberation movements, who are the sole and authentic representatives of the ·true aspirations of the people of Zimbabwe, and must be endorsed freely and fully by the people; 3. Calls upon the Government of the United King- dom of Great Britain and Northern Ireland, in the discharge of its primary responsibility as the adminis- tering Power, to take all effective measures to terminate the illegal racist minority regime and not under any circumstances to accord to the illegal regime any of the powers or attributes of sovereignty, and requests that Government to ensure the country's attainment of in- dependence by a democratic system of government in accordance with the aspirations of the majority of the population; 4. Calls upon the Government of the United King- dom to bring about the conditions necessary to enable the people of Zimbabwe to exercise freely and fully their right to self-determination and independence, in- cluding: (a) The expulsion of all South African forces from the Territory forthwith; ( b) The unconditional release of alJ political pris- oners, detainees and restrictees; (c) The repeal of all repressive discriminatory leg- islation; ( d) The removal of all restrictions on political activity and the establishment of full democratic free- dom and equality of political rights; (e) The convening, as soon as possible, of a national constitutional conference where the genuine political representatives of the people of Zimbabwe, including the national liberation movements, would be able to work out a settlement relating to the future of the Territory for subsequent endorsement by the people through free and democratic processes; 5. Further calls upon the Government of the United Kingdom to ensure that, in any exercise to ascertain the wishes and aspirations of the people of Zimbabwe as to their political future, the procedure to be followed should be in accordance with the principle of universal adult suffrage and by secret ballot on the basis of one- man one-vote, without regard to race, colour or edu- cational, property or income considerations; 6. Requests the Government of the United King- dom, bearing in mind its responsibility as the admin- istering Power under Chapter XI of the Charter, to secure the full enjoyment by the African people of Zimbabwe, both within and outside the Territory, of their fundamental human rights, their just treatment and their protection against abuses, including in par- ticular their right to travel freely, and to ensure the full utilization of all available assistance in co-operation, as appropriate, with the United N;:,tions High Com- missioner for Refugees; 7. Requests all States, directly and through their action in the specialized agencies and other organiza- tions within the United Nations system of which they are members, as well as the non-governmental organi- zations concerned and the various programmes within the United Nations, to extend to the people of Zim- babwe all the moral and material assistance necessary in their struggle for the restoration of their inalienable rights; 8. Requests the Government of the United King- dom to remove any obstades to the effective utilization by the African :people of Zimbabwe, both within and outside the Territory, of offers by the States, organiza- tions and programmes referred to in paragraph 7 above of educational and training grants and facilities and, at the same time, to ensure that adequate resources are made available for the education and training of the people of Zimbabwe; 9. Calls once again upon the Government of the United Kingdom, in accordance with the relevant Gen- eral Assembly resolutions, to co-operate with the Spe- cial Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples in the discharge of the mandate entrusted to it by the Assembly and to participate in the work of the Special Committee in connexion with the latter's consideration of the question, as well as to report to the Special Committee and to the Assembly at its twenty-ninth session on the implementation of the present resolution; 10. Invites all Governments, the specialized agen- cies and other organizations within the United Nations system, the United Nations bodies concerned and non- governmental organizations having a special interest in the field of decolonization, as well as the Secretary- General, to take steps, as appropriate, to give wide- spread and continuous publicity through all the media at their disposal to information on the situation in Zimbabwe and the relevant decisions and actions of the United Nations, with particular reference to the application of sanctions against the illegal regime; 11. Requests the Special Committee to keep the situation in the Territory under review. 2198th plenary meeting 12 December 197 3 3116 (XXVIII). Question of Southern Rhodesia The General Assembly, Having examined the critical and deteriorating situa- tion in Southern Rhodesia (Zimbabwe), which the Security Council, in its resolution 277 (1970) of 18 March 1970, reaffirmed as constituting a threat to international peace and security, Deeply disturbed that measures taken so far have failed to bring the rebellion in Southern Rhodesia (Zimbabwe) to an end, owing primarily to the con- tinued and increasing collaboration which certain States, in particular Portugal and South Africa, in vio- lation of Article 25 of the Charter of the United Na- tions and of the relevant decisions of the United Nations, maintain with the Blegal regime, thereby seri- ously impeding the effective application of sanctions against the illegal regime, Gravely concerned that the Government of the United States of America continues to permit the im- portation of chrome and nickel into the United States from Southern Rhodesia, in violation of the relevant provisions of Security Council resolutions 253 ( 1968) of 29 May 1968, 277 (1970) of 18 March 1970, 288 (1970) of 17 November 1970, 314 (1972) of 28 February 1972, 318 (1972) of 28 July 1972 and 320 ( 1972) of 29 September 1972, and in disregard of General Assembly resolutions 2765 (XXVI) of 16 No- vember 1971 and 2946 (XXVII) of 7 December 1972,

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