A/RES/39/42 GA

248 General Assembly-Thirty-ninth Session ration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution I 514 (XV) of 14 December 1960, Recalling also its resolution 38/49 of 7 December 1983, in which it requested the Special Committee to continue to discharge the functions entrusted to it under resolution 1970 (XVIII), I. Approves the chapter of the report of the Special Committee on the Situation with regard to the Implemen- tation of the Declaration on the Granting oflndependence to Colonial Countries and Peoples relating to the informa- tion from Non-Self-Governing Territories transmitted under Article 73 e of the Charter of the United Nations; 2. Reaffirms that, in the absence of a decision by the General Assembly itself that a Non-Self-Governing Terri- tory has attained a full measure of self-government under the terms of Chapter XI of the Charter, the administering Power concerned should continue to transmit information under Article 73 e of the Charter with respect to that Territory; 3. 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, within a maximum period of six months following the expiration of the administrative year in those Territories; 4. Requests the Special Committee to continue to dis- charge the functions entrusted to it under General Assem- bly resolution 1970 (XVIII), in accordance with estab- lished procedures, and to report thereon to the Assembly at its fortieth session. 87th plenary meeting 5 December 1984 39/42. Activities of foreign economic and other inter- ests which are impeding the implementation of the Declaration on the Granting of Inde- pendence to Colonial Countries and Peoples in Namibia and in all other Territories under colonial domination and efforts to eliminate colonialism, apartheid and racial discrimina- tion in southern Africa The General Assembly, Having considered the item entitled "Activities of for- eign economic and other interests which are impeding the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples in Namibia and in all other Territories under colonial domi- nation and efforts to eliminate colonialism, apartheid and racial discrimination in southern Africa", Having examined the chapter 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 relating to the item,42 Taking into consideration the relevant chapters of the report of the United Nations Council for Namibia,43 Recalling its resolutions I 514 (XV) of 14 December 1960, containing the Declaration on the Granting of Inde- pendence to Colonial Countries and Peoples, 2621 (XXV) of 12 October 1970, containing the programme of action 42 Official Records of the General Assembly, Thirty-ninth Session, Suppl,·- ment No. 23 (N39/23), chap. V. 43 !hid., Supplement No. 24 (A/39/24), part two, chap. II, sect. C chap. Ill, sects. D and G; and chap. IX, sect. C'. 44 See Report of the International Conference in Support of the Struggle o/ the Namibian People for Independence. Paris. 25-29 April /98.1 (Ai CONF. I 20/13), part three. for the full implementation of the Declaration, and 35/118 of 11 December 1980, the annex to which contains the Plan of Action for the Full Implementation of the Declara- tion, as well as all other resolutions of the United Nations relating to the item, • Reaffirming the solemn obligation of the administering Powers under the Charter of the United Nations to pro- mote the political, economic, social and educational advancement of the inhabitants of the Territories under their administration and to protect the human and natural resources of those Territories against abuses, Taking into account the relevant provisions of the Paris Declaration on Namibia and the Programme of Action on Namibia,44 adopted at the International Conference in Support of the Struggle of the Namibian People for Independence, Reaffirming that any economic or other activity which impedes the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and obstructs efforts aimed at the elimination of colonialism, apartheid and racial discrimination in south- ern Africa and other colonial Territories is in direct viola- tion of the rights of the inhabitants and of the principles of the Charter and all relevant resolutions of the United Nations, Reaffirming that the natural resources of all Territories under colonial and racist domination are the heritage of the peoples of those Territories and that the exploitation and depletion of those resources by foreign economic interests, in particular in Namibia, in association with the occupying regime of South Africa, constitute a direct vio- lation of the rights of the peoples and of the principles of the Charter and all relevant resolutions of the United Nations, Bearing in mind the relevant provisions of the Econo- mic Declaration and other documents of the Seventh Con- ference of Heads of State or Government of Non-Aligned Countries, held at New Delhi from 7 to 12 March 1983,45 Taking into account the relevant provisions of the Bang- kok Declaration and Programme of Action on Namibia,40 adopted by the United Nations Council for Namibia on 25 May 1984 at its extraordinary plenary meetings held at Bangkok, and the conclusions and recommendations of the Seminar on the Activities of Foreign Economic Inter- ests in the Exploitation of Namibia's Natural and Human Resources, organized by the Council at Ljubljana, Yugo- slavia, from 16 to 20 April 1984,47 Noting with profound concern that the colonial Powers and certain States, through their activities in the colonial Territories, have continued to disregard United Nations decisions relating to the item and that they have failed to implement, in particular, the relevant provisions of Gener- al Assembly resolutions 2621 (XXV) of 12 October 1970 and 38/50 of 7 December 1983, by which the Assembly called upon the colonial Powers and those Governments that had not yet done so to take legislative, administrative or other measures in respect of their nationals and the bodies corporate under their jurisdiction that own and operate enterprises in colonial Territories, particularly in Africa, which are detrimental to the interests of the inhab- itants of those Territories, in order to put an end to such enterprises and to prevent new investments that run 45 See N38/l 32-S/ I 56 7 5 and Corr. I and 2, annex. 46 Official Records of the General Assembly, Thirty-ninth Session, Supple men/ No. 24 (N39/24), part two, chap. III, sect. B. 47 Ibid., sect. D. VII. Resolutions adopted on the reports of the Fourth Committee 249 counter to the interests of the inhabitants of those Territories, Condemning the intensified activities of those foreign economic, financial and other interests which continue to exploit the natural and human resources of the colonial Territories and to accumulate and repatriate huge profits to the detriment of the interests of the inhabitants, particu- larly in the case of Namibia, thereby impeding the realiza- tion by the peoples of the Territories of their legitimate aspirations for self-determination and independence, Strongly condemning the support which the racist minority regime of South Africa continues to receive from those foreign economic, financial and other interests which are collaborating with the regime in the exploitation of the natural and human resources of the international Territory of Namibia, in the further entrenchment of its illegal racist domination over the Territory and in the strengthening of its system of apartheid, Strongly condemning the investment of foreign capital in the production of uranium and the collaboration by cer- tain Western States and other States with the racist minor- ity regime of South Africa in the nuclear field which, by providing that regime with nuclear equipment and tech- nology, enable it to develop nuclear and military capabili- ties and to become a nuclear Power, thereby promoting South Africa's continued illegal occupation of Namibia, Reaffirming that the natural resources of Namibia, including its marine resources, are the inviolable heritage of the Namibian people and that the exploitation of those resources by foreign economic interests under the protec- tion of the illegal colonial administration, in violation of the Charter, of the relevant resolutions of the General Assembly and the Security Council and of Decree No. I for the Protection of the Natural Resources of Namibia, enacted by the United Nations Council for Namibia on 27 September 1974,48 and in disregard of the advisory opin- ion of the International Court of Justice of 2 I June I 971,49 is illegal, contributes to the maintenance of the illegal occupation regime and is a grave threat to the integrity and prosperity of an independent Namibia, Concerned about the conditions in other colonial Terri- tories, including certain Territories in the Caribbean and the Pacific Ocean regions, where foreign economic, fman- cial and other interests continue to deprive the indigenous populations of their rights over the wealth of their countries, and where the inhabitants of those Territories continue to suffer from a loss of land ownership as a result of the failure of the administering Powers concerned to restrict the sale of land to foreigners, despite the repeated appeals of the General Assembly, Conscious of the continuing need to mobilize world public opinion against the involvement of foreign econo- mic, financial and other interests in the exploitation of nat- ural and human resources, which impedes the indepen- dence of colonial Territories and the elimination of racism, particularly in southern Africa, 1. Reaffirms the inalienable right of the peoples of dependent Territories to self-determination and indepen- dence and to the enjoyment of the natural resources of their Territories, as well as their right to dispose of those resources in their best interests; 2. Reiterates that any administering or occupying Pow- er that deprives the colonial peoples of the exercise of their legitimate rights over their natural resources or subordi- nates the rights and interests of those peoples to foreign 48 !hid., Thirty-Jitih Si•sswn. Supp/emenr No 24 (A. 35 24), vol. I. annex II economic and financial interests violates the solemn obli- gations it has assumed under the Charter of the United Nations; 3. Reaffirms that, by their depletive exploitation or natural resources, the continued accumulation and repatri- ation of huge profits and the use of those profits for the enrichment of foreign settlers and the perpetuation of colo- nial domination and racial discrimination in the Terri- tories, the activities of foreign economic, financial and other interests operating at present in the colonial Terri- tories, particularly in southern Africa, constitute a major obstacle to political independence and racial equality, as well as to the enjoyment of the natural resources of those Territories by the indigenous inhabitants; 4. Condemns the activities of foreign economic and other interests in the colonial Territories impeding the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, con- tained in General Assembly resolution 1514 (XV), and the efforts to eliminate colonialism, apartheid and racial discrimination; 5. Condemns the policies of Governments that con- tinue to support or collaborate with those foreign econo- mic and other interests engaged in exploiting the natural and human resources of the Territories, including, in par- ticular, illegally exploiting Namibia's marine resources, violating the political, economic and social rights and interests of the indigenous peoples and thus obstructing the full and speedy implementation of the Declaration in respect of those Territories; 6. Strongly condemns the collusion of the Govern- ments of certain Western States and other States with the racist minority regime of South Africa in the nuclear field and calls upon those and all other Governments to refrain from supplying that regime, directly or indirectly, with installations that might enable it to produce uranium, plu- tonium and other nuclear materials, reactors or military equipment; 7. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to continue to monitor closely the situation in the remaining colonial Territories so as to ensure that all eco- nomic activities in those Territories are aimed at strength- ening and diversifying their economies in the interests of the indigenous peoples and their speedy accession to inde- pendence and, in that connection, requests the administer- ing Powers concerned to ensure that the peoples of the Territories under their administration are not exploited for political, military and other purposes detrimental to their interests; 8. Strongly condemns those Western States and all other States, as well as the transnational corporations, which continue their investments in, and supply of arma- ments and oil and nuclear technology to, the racist regime of South Africa, thus buttressing it and aggravating the threat to world peace; 9. Calls upon all States, in particular certain Western States, to take urgent, effective measures to terminate all collaboration with the racist regime of South Africa in the political, diplomatic, economic, trade, military and nuclear fields and to refrain from entering into other rela- tions with that regime in violation of the relevant resolu- tions of the United Nations and of the Organization of African Unity; 49 Legal Consequences for States of the Continued Presence "i South A/n, a in Nam1hia !South West Africa) notwithstanding Security Counol Rcsoluti, •11 276, /9 7 0! . .4dvisorr Opinwn. IC J Reports. /971. p. 16. 250 General Assembly-Thirty-ninth Session 10. Calls once again upon all Governments that have not yet done so to take legislative, administrative or other measures in respect of their nationals and the bodies cor- porate under their jurisdiction that own and operate enter- prises in colonial Territories, particularly in Africa, which are detrimental to the interests of the inhabitants of those Territories, in order to put an end to such enterprises and to prevent new investments that run counter to the inter- ests of the inhabitants of those Territories; 11. Calls upon all States to terminate, or cause to have terminated, any investments in Namibia or loans to the racist minority regime of South Africa and to refrain from any agreements or measures to promote trade or other eco- nomic relations with that regime; 12. Requests all States that have not yet done so to take effective measures to end the supply of funds and other forms of assistance, including military supplies and equip- ment, to the racist minority regime of South Africa, which uses such assistance to repress the people of Namibia and their national liberation movement; 13. Strongly condemns South Africa for its continued exploitation and plundering of the natural resources of Namibia, in complete disregard of the legitimate interests of the Namibian people, for the creation in the Territory of an economic structure dependent essentially upon its min- eral resources and for its illegal extension of the territorial sea and its proclamation ofan economic zone off the coast of Namibia; 14. Declares that all activities of foreign economic interests in Namibia are illegal under international law and that consequently South Africa and all the foreign econo- mic interests operating in Namibia are liable to pay dam- ages to the future lawful Government of an independent Namibia; 15. Calls upon those oil-producing and oil-exporting countries that have not yet done so to take effective meas- ures against the oil companies concerned so as to termi- nate the supply of crude oil and petroleum products to the racist regime of South Africa; 16. Reiterates that the exploitation and plundering of the marine and other natural resources of Namibia by South African and other foreign economic interests, inclu- ding the activities of those transnational corporations which are engaged in the exploitation and export of the Territory's uranium ores and other resources, in violation of the relevant resolutions of the General Assembly and the Security Council and of Decree No. I for the Protec- tior, of the Natural Resources of Namibia, are illegal, con- tribute to the maintenance of the illegal occupation regime and are a grave threat to the integrity and prosperity of an independent Namibia; 17. Condemns the plunder of Namibian uranium and calls upon the Governments of all States, particularly those whose nationals and corporations are involved in the mining or enrichment of, or traffic in, Namibian uranium, to take all appropriate measures in compliance with the provisions of Decree No. 1 for the Protection of the Natu- ral Resources of Namibia, including the practice of requir- ing negative certificates of origin, to prohibit and prevent State-owned and other corporations, together with their subsidiaries, from dealing in Namibian uranium and from engaging in uranium prospecting activities in Namibia; 18. Requests all States to take legislative, administra- tive and other measures, as appropriate, in order effec- tively to isolate South Africa politically, economically, militarily and culturally, in accordance with General Assembly resolutions ES-8/2 of 14 September 1981, 36' 121 B of 10 December 1981, 37/233 A of 20 December 1982 and 38/36 A of 1 December 1983; 19. Calls once again upon all States to discontinue all economic, financial and trade relations with the racist minority regime of South Africa concerning Namibia and to refrain from entering into any relations with South Africa, purporting to act on behalf of or concerning Namibia, which may lend support to its continued illegal occupation of that Territory; 20. Invites all Governments and organizations of the United Nations system, having regard to the relevant pro- visions of the Declaration on the Establishment of a New International Economic Order, contained in General Assembly resolution 3201 (S-VI) of 1 May 197 4, and of the Charter of Economic Rights and Duties of States, con- tained in Assembly resolution 3281 (XXIX) of 12 Decem- ber 1974, to ensure, in particular, that the permanent sov- ereignty of the colonial Territories over their natural resources is fully respected and safeguarded; 21. Calls upon the administering Powers to abolish all discriminatory and unjust wage systems and working con- ditions prevailing in the Territories under their adminis- tration and to apply in each Territory a uniform system of wages to all the inhabitants without any discrimination; 22. Requests the Secretary-General to undertake, through the Department of Public Information of the Sec- retariat, a sustained and broad campaign with a view to informing world public opinion of the facts concerning the pillaging of natural resources in colonial Territories and the exploitation of their indigenous populations by foreign monopolies and, in respect of Namibia, the support they render to the racist minority regime of South Africa; 23. Appeals to all non-governmental organizations to continue their campaign to mobilize international public opinion for the enforcement of economic and other sanc- tions against the Pretoria regime; 24. Requests the Special Committee to continue to examine this question and to report thereon to the General Assembly at its fortieth session. 87th plenary meeting 5 Decemher /984 39/43. Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations The General Assemhly, Having examined the item entitled "Implementation of the Declaration on the Granting of Independence to Colo- nial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations", Recalling the Declaration on the Granting of Indepen- dence to Colonial Countries and Peoples, contained in its resolution 1514 (XV) of 14 December 1960, and the Plan of Action for the Full Implementation of the Declaration. contained in the annex to its resolution 3 5/1 I 8 of I I December 1980, as well as all other relevant resolutions adopted by the General Assembly on this subject, in par- ticular resolutions 38/51 of 7 December 1983 on the item and 38136 of I December 1983 on the question of Namibia, Having examined the reports submitted on the item by

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