A/RES/3293(XXIX) GA

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. Re1olutiom adopted on the reporb of the FOUl'lh Committee 105 transmitted insufficient information or have transmitted information too late for its effective utilization by the Special Committee; 3. 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-govern- ment in terms of Chapter XI of the Charter, the ad- ministering Power concerned should continue to trans- mit information under Article 73 e of the Charter with respect to that Territory; 4. 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 information on political and constitutional developments in the Territories concerned; 5. Reiterates its request that the administering Pow- ers 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-Governing Territories concerned; 6. 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 thirtieth session. 2318th plenary meeting 13 December 1974 3294 (XXIX). Question of Territories under Portuguese domination The General Assembly, Having considered the question of Territories under Portuguese domination, Having examined the relevant chapters of the report of 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, 45 Having heard the statements made by the admin- istering Power,46 in particular the important statement made by the Head of State of Portugal on 17 October 1974,47 Having heard the statements of the representatives of the Movimento de Liberta~iio de Sao Tome e Prin- cipe, the Frente Nacional para a Liberta~iio de Angola, the Frente de Liberta9iio de M~ambique, the Movi- mento Popular de Liberta9ao de Angola and the Partido Africano da lndependencia de Guine e Caho Verde;"' who participated in an observer capacity in the Fourth Committee's consideration of the item, Taking into account the important statement made by the current Chairman of the Assembly of Heads of State and Government of the Organization of African Unity before the General Assembly on 9 October 1974, in which he referred to the present item,49 4~ Official Records of the General Assembly, Twenty-ninth Session. Supplement No. 23 (A/9623/Rev.1), chaps. IV-Vil. 4 8 Ibid., Twenty-ninth Session, Plenary Meetings, 2233rd, 2239th, 2269th and 2309th meetings and ibid., Fourth Com- mittee, 2080th and 2092nd meetings. 47 Ibid., Plenary Meetings, 2269th meeting. 48 Ibid., Fourth Committee, 2080th 2081st, 2084th and 2088th meetings. ' 40 Ibid., Plenary Meetings, 2262nd meeting. Recalling its resolution 1514 (XV) of 14 Decem- ber 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, and its resolution 2621 (XXV) of 12 October 1970, containing the programme of action for the full imple- mentation of the Declaration, as well as all other reso- lutions relating to the item adopted by the General Assembly, the Security Council and the Special Com- mittee, Welcoming the declaration of the Government of Portugal accepting to fulfH its obligations under the relevant provisions of the Charter of the United Nations and recognizing the right of the peoples to self-deter- mination and independence, as well as Portugal's ex- press readiness to co-operate in the work of the com- petent United · Nations bodies, as stated by the Government of Portugal in its declarations before the General Assembly on 23 September and 17 October 1974,50 Cognizant that the changes in the policy of Portugal towards its colonial Territories were brought about mainly as a consequence of the heroic struggle and persistent resistance of the peoples of the Territories concerned, led by their national liberation movements, for the achievement of their independence and the restoration of their human rights, Cognizant also that the action carried out in Portugal by the •movement of 25 April 197 4 represents a funda- mental step in the process of decoloni7Ation occurring in the Territories, Reiterating that only total decolonization wili restore peace in the Territories, Deeply concerned at the activities of the fascist and reactionary groups still in existence in Angola, Cape Verde and Mozambique, which are trying to obstruct the realization by the peoples of these Territories of their aspirations for freedom and independence and which are provoking racial confrontations that have resulted on several occasions in deplorable incidents causing death and injuries among the inhabitants, Mindful of the responsibility of the United Nations to continue to render all moral and material aid to the peoples of the Territories under Portuguese domina- tion and their national liberation movements recog- nized by the Organization of African Unity in their efforts to consolidate national unity and to reconstruct their countries, 1. Reaffirms the inalienable right of the peoples of the Territories under Portuguese domination to self- determination and independence in accordance with the I>eclaration on the Granting of Independence to Colonial Countries and Peoples, contained in its reso- lution 1514 (XV); 2. Welcomes with satisfaction the acceptance by the new Government of Portugal of the sacred principle of self-determination and independence and its un- qualified applicability to all the. peoples under Portu- guese colonial domination; 3. Notes with particular satisfaction that, as a result of the consultations held between the Government of Portugal and the national liberation movements of the Territories concerned: (a) Mozambique will accede to independence on 25 June I 975;ll1 oo Ibid., 2239th and 2269th meetings. 111 A/9769, annex I.

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