A/RES/3292(XXIX) GA

Resolutions adopted on the reports of the Fourth Commillee 103 Having heard the statement of the administering Power28 as well as that of the representative of the Government of the Comoro Archipelago29 to the effect that a popular consultation will be held in the Terri- tory on 22 December 1974, Recalling its resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial 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 resolution 3161 (XXVIII) of 14 December 1973 on this ques- tion, Noting that, in pursuance of the Joint Declaration on the Accession to Independence of the Comoro Archipelago, containing the text of an agreement reached on 15 June 1973 between the Minister for Overseas Departments and Territories of the Govern- ment of France and the President of the Governing Council of the Comoro Archipelago,30 a popular con- sultation on independence is to take place on 22 De- cember 1974 and bearing in mind the statement made on 26 August 1974 by the Government of France, ac- cording to which the consultation shall be organized on an "archipelago-wide" basis,31 Noting with regret that the administering Power did not participate in the related work of the Special Com- mittee on the Situation with regard to the Implementa- tion of the Declaration on the Granting of Indepen- dence to Colonial Countries and Peoples, Mindful of the responsibility of the United Nations to render all help to the people of the Comoro Archi- pelago in their efforts freely to decide their own future, Bearing in mind the statement by the representative of France that the French Government has affirmed "the readiness of the Comoro Archipelago for inde- pendence" and "its intention to respond faithfully to the aspirations" of the Comorian people, and has stated that the Comorian Government can request indepen- dence for the Territory at any time,32 1. Reaffirms the inalienable right of the people of the Comoro Archipelago to self-determination and in- dependence in accordance with the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV); 2. 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 Inde- pendence to Colonial Countries and Peoples relating to the question of the Comoro Archipelago;:1:1 3. Reaffirms the unity and territorial integrity of the Comoro Archipelago; 21! See Official Records of the General Assemh/y, Twenty- ninth Session, Fourth Committee, 2124th meeting. ~9 Ibid., 2128th meeting. an Ibid., Twenty-eighth Session. Surpleme11t No. 23 (A/9023/ Rev. I). chap. XI, annex, appendix II. 31 Ibid., Twenty-ninth Session, Supplement No. 23 (A/9623/ Rev.I), chap. XI, a,nnex, para. 32. a2 Ibid., Twenty-eighth Session, Fourth Committee, 2064th meeting, paras. 22 and 27. :i:i /hid., Twenty-ninth Session, Supplement No. 23 (A/9623/ Rev.!), chap. XI. 4. Notes the express desire and readiness of the Comorian people to accede to independence in friend- ship and co-operation with France;34 5. Requests the Government of France, as the ad- ministering Power, to ensure that the unity and terri- torial integrity of the Comoro Archipelago are pre- served; 6. Calls upon the administering Power to take all necessary measures to ensure the full and speedy at- tainment of freedom and independence by the people of the Territory in accordance with the objectives of the Declaration and in conformity with the relevant provisions of the Charter of the United Nations and, in particular, to carry out these measures as soon as po5sible after the popular consultation to be held on 22 December 1974; 7. Requests all States to render the necessary assist- ance to the people of the Territory in their efforts to achieve the objectives of the Declaration; 8. Requests the Special Committee to continue its examination of the question, including the dispatch, as appropriate and in consultation with the administer- ing Power, of a United Nations visiting mission to the Territory, and to report thereon to the General Assem- bly at its thirtieth session; 9. Urges the administering Power to co-operate with the Special Committee in the discharge of the task referred to in paragraph 8 above. 2318th plenary meeting 13 December 1974 3292 (XXIX). Question of Spanish Sahara The General Assembly, Recalling its resolution 1514 (XV) of 14 December 1960 containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, Recalling also its resolutions 2072 (XX) of 16 De- cember 1965, 2229 (XXI) of 20 December 1966, 2354 (XXII) of 19 December 1967, 2428 (XXIII) of 18 December 1968, 2591 (XXIV) of 16 Decem- ber 1969, 2711 (XXV) of 14 December 1970, 2983 (XXVII) of 14 December 1972 and 3162 (XXVIII) of 14 December 1973, Reaffirming the right of the population of the Spanish Sahara to self-determination in accordance with resolu- tion 1514 (XV), Considering that the persistence of a colonial situ- ation in Western Sahara jeopardizes stability and har- mony in the north-west African region, Taking into account the statements made in the General Assembly on 30 September and 2 October 1974 by the Ministers for Foreign Affairs of the King- dom of Morocco3" and of the Islamic Republic of Mauritania,36 Taking note of the statements made in the Fourth Committee by the representatives of Morocco=n and 34 /hid., Twe11ty-eighrh Session, Fourrh Committee, 2065th meeting, para. I 0, and ibid.. Twe11ty-eif./lllli Session, Stmple- ment No. 23 (A/9023/Rev.l ), chap. XI, annex, appendix I. :1;, Ibid., Twenty-ninlli Session, Plenary Mee1ings, 2249th meeting. ao Ibid., 2251st meeting. a1 Ibid., Fourth Commillee, 2117th, 2125th and 2130th me,.tines. IM General Aaembl:,-Twenty-nintb Senion Mauritania,38 in which the t~o countries acknowledged 3293 (XXIX). Information from Non-Self-Go~- that they were both interested in the future of the erning Territories transmitted under Arti- Territory, cle 73 e of the Charter of the United Nation• Having heard the statements of the representative The General Assembly, of Algeria, 311 Having heard the statements of the representative of Spain,40 Noting that during the discussion a legal difficulty arose over the status of the said Territory at the time of its colonization by Spain, Considering, therefore, that it is highly desirable that the General Assembly, in order to continue the discussion of this question at its thirtieth session, should receive an advisory opinion on some important legal aspects of the problem, Bearing in mind Article 96 of the Charter of the United Nations and Article 65 of the Statute of the International Court of Justice, 1. Decides to request the International Court of Justice, without prejudice to the application of the principles embodied in General Assembly resolution 1514 (XV), to give an advisory opinion at an early date on the following questions: "I. Was Western Sahara (Rio de Oro and Sakiet El Hamra) at the time of colonization by Spain a territory belonging to no one (terra nullius)?" If the answer to the first question is in the negative, "II. What were the legal ties between this territory and the Kingdom of Morocco and the Mauri- tanian entity?"; 2. Calls upon Spain, in its capacity as administer- ing Power in particular, as well as Morocco and Mauri- tania, in their capacity as interested parties, to submit to the International Court of Justice all such informa- tion and documents as may be needed to clarify those questions; 3. Urges the administering Power to postpone the referendum it contemplated holding in Western Sahara until the General Assembly decides on the policy to be followed in order to accelerate the decolonization pro- cess in the Territory, in accordance with resolution 1514 (XV), in the best possible conditions, in the light of the advisory opinion to be given by the Inter- national Court of Justice; 4. Reiterates its invitation· to all States to observe the resolutions of the General Assembly regarding the activities of foreign economic and financial interests in the Territory and to abstain from contributing by their investments or immigration policy to the main- tenance of a colonial situation in the Territory; 5. Requests the Special Committee on the Situation with regard to the Jmplementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to keep the situation in the Territory un- der review, including the sending of a visiting mission to the Territory, and to report thereon to the General Assembly at its thirtieth session. 2318th plenary meeting 13 December 1974 38 J bid., 2117th and 2130th meetings. 39 Ibid., Plenary Meetings, 2265th meeting and ibid., Fourth Committee, 2125th meeting. 40 Ibid., Plenary Meetings, 2253rd meeting and ibid., Fourth Committee, 2117th, 2125th, 2126th .1nd 2130th meetings. Recalling its resolution 1970 (XVIII) of 16 De- cember 1963, in which it requested the Special Comn_iit- tee on the Situation with regard to the Implementat10n of the Declaration on the Granting of Independence to Colonial Countries and Peoples to study the infor- mation transmitted to the Secretary-General under Article 73 e of the Charter of the United Nations and to take such information fully into account in exam- ining the situation with regard to the implementation of the Declaration, Recalling also its resolution 3110 (XXVIII) of 12 December 1973, in which it requested the Special Committee to continue to discharge the functions en- trusted to it under resolution 1970 (XVIII), in ac- cordance with the procedures approved by the General Assembly in its resolution 2109 (XX) of 21 Decem- ber 1965, Recalling further the provisions of paragraph 5 of resolution 3110 (XXVIII), in which it requested the administering Powers concerned to transmit, . or con- tinue to transmit, to the Secretary-General the mforma- tion prescribed in Article 73 e of the Charter, as well as the fullest possible information on political and constitutional developments in the Territories con- cerned, Having examined the chapter of the report of the Special Committee dealing with the transmittal of in- formation under Article 73 e of the Charter41 and the action taken by it in respect of that information, Having also examined the report of the Secretary- General on this item, 42 Noting with satisfaction that the Government of Portugal has reaffirmed its obligations with regard to Chapter XI of the Charter43 and declared its intention to supply all the information requested under Article 73 e of the Charter, and to implement General Assem- bly resolution 1514 (XV) of 14 ~ecember 196~ a~d other relevant resolutions concernmg the Terntones under Portuguese administration,44 1. Approves the chapter of the report of the Spe- cial Committee on the Situation with regard to the Im- plementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples .re- lating to the information from Non-Self-Governmg Territories transmitted under Article 73 e of the Char- ter of the United Nations;41 2. Deeply deplores that, despite, the repeated rec- ommendations of the General Assembly and the Spe- cial Committee some Member States having responsi- bilities for the' administration of Non-Self-Governing Territories have ceased or have failed to transmit in- formation under Article 73 e of the Charter, have 41 Ibid., Twenty-ninth Session, Supplement No. 23 (A/9623/ Rev.I), chap. XXIX. 42 A/9867 and Add.I. 43 A/9694.S/l 1419, annex, para. 2. For the printed text, ace Official Records of tire Security Council, Twenty-ninth Year, Supplement for July, August and September 1974. H See Official Records of tire Security Council, Twenty- ninth Year, 1791st meeting; see also Official Records of the Ge11eral Assembly, Twe11ty-11inth Session, Supplement No. 23 ' (A/9623/Rev.1 ), chap. XXIX. annex II.

UN Project. “A/RES/3292(XXIX).” UN Project, https://un-project.org/votes/resolution/A-RES-3292(XXIX)/. Accessed .

Copy citation