A/RES/40/25 GA

196 General Assembly - Fortieth Session Reaffirming the sovereign and inalienable right of all peoples freely to determine their political status and freely to pursue their economic, social and cultural development, l. Takes note of the report of the Secretary-General on national experience in achieving far-reaching social and economic changes for the purpose of social progress;13 2. Calls upon all States to give special attention in their national development plans and programmes to the social aspects of development with a view to increasing the well- being of the population on the basis of its full participation in the process of development and a fair distribution of the benefits therefrom; 3. Requests the Secretary-General to proceed with the implementation of Economic and Social Council resolu-- tion 1985/32 of 29 May 1985, paying special attention to paragraphs 3 and 5 thereof; 4. Further requests the Secretary-General to make arrangements for h;,lding in 1986 the interregional semi- nar called for in paragraph 3 of General Assembly resolu- tion 38/25, within the resources allotted to the programme for sectoral and regional advisory services; 5. Decides to include in the provis10nal agenda of its forty-second session the item entitled "National experi- ence in achieving far-reaching social and economic changes for the purpose of social progress". 96th plenary meeting 29 November 1985 40/24. Universal realization of the right of peoples to self-determination The General Assembly, Reaffirming the importance, for the effective guarantee and observance of human rights, of the universal realiza- tion of the right of peoples to self-determination enshrined in the Charter of the United Nations and embodied in the International Covenants on Human Rights,24 as well as in the Declaration on the Granting of Independence to Colo- nial Countries and Peoples contained in General Assembly resolution 1514 (XV) of 14 December 1960, Welcoming the progressive exercise of the right to self-- determination by peoples under colonial, foreign or alien occupation and their emergence into sovereign statehood and independence, Deeply concerned at the continuation of acts or threats of foreign military intervention and occupation that are threatening to suppress, or have already suppressed, the right to self-determination of an increasing number of so, - ereign peoples and nations, Expressing grave concern that, as a consequence of the persistence of such actions, millions of people have been and are being uprooted from their homes as refugees and displaced persons, and emphasizing the urgent need for concerted international action to alleviate their condition, Recalling the relevant resolutions regarding the viola- tion of the right of peoples to self-determination and other human rights as a result of foreign military intervention, aggression and occupation, adopted by the Commission on Human Rights at its thirty-sixth, 2' thirty-seventh,26 thirt1, eighth,27 thirty-ninth, 28 fortieth 24 and forty-first 30 sessions. 23 AJ40/65-E/ 1985/7 and Add I 24 Resolution 2200 A (XXI). annex 25 See Official Records of the Economi<· w1J Sona! Cduncd. I 980. Supple ment No. 3 (E/1980/13 and Corr I). chap XXVI, sect A 26/bid., /981. Supplement /Vn , (E l9Xi 1~5 and<"" I). chap. XXVIII sect. A. 27 Ibid., I 9/U. S11,,pl,-m,-nt \·o .' (I l 4K! ! 2 a11d Cnrr I). chap X "\\' I sect. A. Reiterating its resolutions 351:,5 B of l 4 Nnv..:u,hcr 1980, 36/10 of28 October 1981, 37142 of3 Decemlw1 1982, 38/16 of 22 November 1983 and 39'18 of 2· November 1984, Takmg note of the report of the Secretary-( ,cn•·ral. 11 I. Reaffirms that the universal realization ol 1he riglu of all peoples, including those under colonial, foreign ,1nc alien domination, to self-determination is a fondamenta1 condition for the effective guarantee and observance of human rights and for the preservation and promotion of such rights; 2. Declares its firm opposition to acts of foreign m1li tary intervention. aggression and occupation, since these have resulted in the suppression of the right of peoples 1l, self-determination and other human rights in certain part!, of the world; 3. Calls upon those States responsible to cease imme diately their military intervention and occupation of for eign countries and territories and all acts of repression, dis crimination, exploitation and maltreatment, part icularh the brutal and inhuman methods reportedly employed fo1 the execution of these acts against the peoples concerned 4. Deplores the plight of the millions of refugees and displaced persons who have been uprooted by the afore mentioned acts and reaffirms their right to return to thei1 homes voluntarily in safety and honour: 5. Requests the Commission on Human Right~ lo .:on tinue to give special attention to the violation of human rights, especially the right to self-determination, resulting from foreign military intervention, aggression or orcupa tion; 6. Requests the Secretary-General to report on lh1•- issue to the General Assembly at its forty-first session under the item entitled "Importance of the universal reali zation of the right of peoples to self-determination and of the speedy granting of independence to colonial countrie; and peoples for the effective guarantee and observance 01 human rights". 96th plem-ir.r maung 29 Novemhl'I 198, 40/25. Importance of the universal realization of thf right of peoples to self-determination and of the speedy granting of independence to colo nial countries and peoples for the effectivt guarantee and observance of human rights The General Assembly, Reaffirming its faith in the importance of the 1mplcmcn tation of the Declaration on the Granting oflndependenn to Colonial Countries and Peoples contained in its rcsolu tion 1514 (XV) of I 4 December 1960, Reaffirming the importance of the universal n:ali111tirn, of the right of peoples to self-determination, national so, ereignty and territorial integrity and of the speedy granting of independence to colonial countries and peoples a, imperatives for the full enjoyment of all human rights. Reaffirming the obligation of all Member States to com ply with the principles of the Charter of the United Nations and the resolutions of the United Nations regard 28 find., 1983. Supplem,,nr !vo 3 (E 1983 13 and Con ll ,t,,p '-X\ I sect. A. 29 Ibid., I 984, Supplement IV,•. 4 (E1I984/14 and ( orr. I). ch.ip I I. sn I JO Ibid.. 1985. Supplement No :> (f.Jl9851n). chap II. S<"<'I ·\ .ll A 140!465 and Add I and ,. VI. Resolutions adopted on the reports of lhe Third Committ<'t" 197 mg the exercise of the right to self-determination by peoples under colonial and foreign domination, Reculling its resolution 2649 (XXV) of 30 November 1970 and all resolutions on this question, Recalling als<' its resolution 1514 (XV) and all resolu- tions concerning the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, Recalling further its resolutions 3103 (XXVIII) of 12 December 1973, 3314 (XXIX) of 14 December 1974 and '8113 7 of I 9 December 1983, as well as Security Council ,esolutions 405 ( 1977) of 14 April 1977, 419 ( 1977) of 24 November 1977, 496 (1981) of 15 December 1981 and 'i07 ( 1982) of 28 May 1982, in which the United Nations :·ondemned the recruiting and the use of mercenaries, in particular against developing countries and national liber- ,1tion movements, Recalling further its resolutions on the question of Namibia, in particular resolution ES-8/2 of 14 September 1981, and Security Council resolutions 532 (1983) of 31 May 1983, 539 (1983) of 28 October 1983 and 566 (1985) of 19June 1985, Recalling the Paris Declaration on Namibia and the Programme of Action on Namibia, adopted by the Inter- national Conference in Support of the Struggle of the Namibian People for lndependence, 32 Bearing in mind the outcome of the International Con- lcrence on the Alliance between South Africa and Israel, held at Vienna from 11 to 13 July 1983,33 JVelcoming the holding at Tunis from 7 to 9 August l 984 of the Conference of Arab Solidarity with the Struggle for Liberation in Southern Africa, 34 Recalling resolutions CM/Res.1002 (XLII) on South ,\frica and CM/Res. I 003 (XLII) on Namibia adopted by !.he Council of Ministers of the Organization of African Unity al its forty-second ordinary session, held at Addis Ababa from 10 to 17 July 1985,35 Reaffirming that the system of apartheid imposed on the South African people constitutes a violation of the funda- mental rights of that people, a crime against humanity and a constant threat to international peace and security, Gravel)' concerned at the continuation of the illegal occu- pation of Namibia by South Africa and the continued vio- lations of the human rights of the people in the Territory and of the other peoples still under colonial domination and alien subjugation, Expressing its profound indignation at and its preoccu- pation with the brutal repression that followed the imposi- tion of the so-called "new constitution" and the state of emergency by the apartheid regime of South Africa in defi- ance of world public opinion, Reaffirming its resolution 39/2 of 28 September 1984 and recalling Security Council resolution 554 (1984) of 17 August 1984, which rejected the so-called "new constitu- tion" as null and void, and Council resolution 5f}9 (1985) of 14 August 1985, Deeply concerned at the continued terrorist acts of aggression committed by the Pretoria regime against inde- pendent African States in the region, Deeply indignant at the continued occupation of part of the tenitory of Angola by the troops of the racist regime of South Africa and the persistent, hostile and unprovoked :1cts of aggression and sustained armed invasions carried 1~ See Report of the lntnw1/1nna/ Cor!f"er,,m·e in Supf'Orl of the Simggle ol r•)i" Nanuhian People f;~, !tuff'rrr1dr111· 1 • Pane _Ji; 2Q 4(1ril JQR3 { ,\ i, ,NFIJO!IJ). part three '' St"e A/38 '~I I ·Si 1588 1, ;in,..-,, ·,.i S(•c /\.,,. ·i,} 14 ~() ~~ I r',:...., ( -· . out by that regime in violation of the sovereignty, airspace and territorial integrity nf Angola, in particular the armed invasion of Angola on n September 1985, Reca/{wg Security Comm! resolutions 527 (1982) of 15 December 1982 and 515 (1983) of 29 June 1983 on Lesotho, and Council resolutions 568 (1985) of 21 June I 985 and 572 (I 985) of .10 September 1985 on Botswana, Realfirmingtht· nati<w,111mitv and territorial integrity of the ( ·omoros, Recalling the Political Declaration adopted by the First Conference of Heads ol State and Government of the Organization of African Unitv and the League of Arab States, held at Cairo from 7 to 9 March 1977, 36 Recallingfurt}wr its relevant resolutions on the question of Palestine, in pa11icular resolutions 3236 (XXIX) and 32'.17 (XXIX) of22 November 1974, 36/120 of 10 Decem- ber I 981 , ES-7 /6 of I 9 \ugust 1982, 3 7 /86 of 10 Decem- ber 1982, 38/58 of 13 Jl<'crrnher 1983 and 39/49 D of 11 December 1984, Recalling the Geneva Declaration on Palestine and the Programme of Action for the Achievement of Palestinian Rights, adopted by the lntrrnational Conference on the Question of Palestine, 1 ' Considering that the denial of the inalienable rights of the Palestinian people to self-determination, sovereignty, independence and return to Palestine and the repeated acts of aggrrssion by Israel against the people of the region con- stitute a serious threat t,l international peace and security, Deeplr shocked and alarmed at the deplorable conse- qut'nces of the Israeli invasion of Lebanon and recalling all thr rrlevant resolutions of the Security Council, in particu- lar resolutions 508 ( 198 .') of 5 Junr 1982, 509 ( 1982) of 6 June 1982, 520 (1982) of 17 September 1982 and 521 ( 1982) of 19 September 198::1, I < 'alls upon all States to implement fully and faith- fully all the resolutions of the United Nations regarding thr exercise ofthr right to self-determination and indepen- dence by peoples under colonial and foreign domination; ' Reaffirms thr legitimacy of the struggle of peoples for their independence, territorial integrity, national unity and librration from colonial domination, apartheid and foreign occupation h\ all available means, including armed struggle; 1. Reaffirms the inalirnable right of the Namibian people. the Palestinian people and all peoples under for- eign and colonial dt>mination to self-determination, national independence, territorial integrity, national unity and sovrreignty without foreign interference; 4. Strongly condemns those Governments that do not recogn11c the right to self-determination and independence of all peoples still under colonial domination and alien suhJugaii:on, notahly th,· peoples of Africa and the Pales- tinian people; 5. < alls for the full and immediate implementation of the declarations and programmes of action on Namibia and on Palestine adop1t·,,l hy the international conferences on thos1· questions: 1,. Reaffirms its v1gorou~ condemnation of the con- tinued illegal occupation of Namibia by South Africa; < ,mdemns the racist regime of South Africa for its mstallat10n of a so-called "interim administration" at Windhoek and dedare, that action to be illegal, null and void: ·-h '<.·t· ,\ 40-'0hh. annr''" q 3~ \ -i ~ 6 I . anne, I i' l\t'f'r ,,,. of the lnter~1r.1r1,: ( o, ,;, u·,·:·c on tftt' (Juestwn c~! Palt•:wne. IJl'fll'Wl. '•., .·iUKlHI "' \q 11cmi 1( ',,:,'.._,', 1 'm'.,·~1 Nations puhlicati<,n. Sales No f ~ 1 I 'I ,·h;:u1 1 198 8. Further condemns the policy of "bantustanization" and reiterates its support for the oppressed people of South Africa in its just and legitimate struggle against the racist minority regime of Pretoria: 9. Reaffirms its rejection of the so-called "new consti- tution" as null and void and reiterates that peace in South Africa can only be guaranteed by the establishment of ,najority rule through the full and free exercise of adult :-uffrage by all the people in a united and undivided South Africa; l 0. Strongly condemns the wanton killing of peaceful and defenceless demonstrators and workers on strike, as well as the arbitrary arrests of the leaders and activists of the United Democratic Front, National Forum, trade unions and other mass organizations, and demands their immediate and unconditional release, in particular that of Nelson Mandela and '.Zephania Mothopeng; 11. Strongly condemns South Africa for the imposition of the state of emergency under its repugnant Internal Security Act and calls for the immediate lifting of the state ot emergency, as well as the repeal of the Internal Security Act; 12. Condemns South Africa for its increasing oppres- sion of the Namibian people, for the massive militariza- tion of Namibia and for its armed attacks launched against the States in the region in order to destabilize them politi- cally and to sabotage and destroy their economies; 13. Strongly condemns the establishment and use 01 armed terrorist groups by South Africa with a view to pit- ting them against the national liberation movements and destabilizing the legitimate Governments of southern Africa; 14. Strongly condemns the repeated acts of aggression and the continued occupation of parts of southern Angola and demands the immediate and unconditional with- drawal of the South African troops from Angolan territory; 15. Strongly condemns the persistent, hostile and unprovoked acts of aggression and sustained armed inva- sions carried out by the racist regime of South Africa in violation of the sovereignty, airspace and territorial integ rity of Angola, in particular the armed invasion of Angola on 28 September 1985; 16. Strongly reaffirms its solidarity with the indepen- dent African countries and national liberation movements that are victims of murderous acts of aggression and destabilization by the racist regime of Pretoria, and calls upon the international community to render increased assistance and support to those countries in order tll enable them to strengthen their defence capacity, defend their sovereignty and territorial integrity and peacefully rebuild and develop; I 7. Reaffirms that the practice of using mercenaries against sovereign States and national liberation move- ments constitutes a criminal act and calls upon the Gov- ernments of all countries to enact legislation declaring the recruitment, financing and training of mercenaries in thei, territories and the transit of mercenaries through their ter- ritories to be punishable offences, and prohibiting their nationals from serving as mercenaries, and to report on such legislation to the Secretary-General; 18. Strongly condemns the continued violations of the human rights of the peoples still under colonial domina- tion and alien subjugation, the continuation of the illegal occupation of Namibia, South Africa's attempts to dis- member its Territory. the perpetuation of the racist minor- 38 Report of the International Conference on Sam tions agaimc Sowh Africa, Paris. 20-27 May 198/ (AICONF.107/8), sect X 1ty regime in southern Africa and the denial to the Pales- ! inian people of their inalienable national rights; 19. Further strongly condemns the racist regime of Pre- toria for its acts of destabilization, armed aggression and economic blockade against Lesotho and strongly urges the international community to extend maximum assistance to Lesotho to enable it to fulfil its international humanita- rian obligations towards refugees and to use its influence on the racist regime so that it would desist from its tern" ,st acts against Lesotho; 20. Strongly condemns the unprovoked and unwar- ranted military attack on the capital of Botswana and demands that the racist regime pay full and adequate com- pensation to Botswana for the loss of life and damage to property; 21. Denounces the collusion between Israel and South Africa and expresses support for the Declaration of the International Conference on the Alliance between South Africa and Israel;33 22. Strongly condemns the policy of those Western States, Israel and other States whose political, economic, military, nuclear, strategic, cultural and sports relations with the racist minority regime of South Africa encourage that regime to persist in its suppression of the aspirations of peoples to self-determination and independence; 23. Again demands the immediate application of tit, mandatory arms embargo against South Africa, imposed under Security Council resolution 418 ( 1977) of 4 November 1977, by all countries and more particularly by those countries that maintain military and nuclear co- operation with the racist Pretoria regime and continue to supply it with related materiel; 24. Calls for the full implementation of the provisions of the Paris Declaration on Sanctions against South Africa and the Special Declaration on Namibia adopted by the International Conference on Sanctions against South Africa, 38 held under the auspices of the United Nations and the Organization of African Unity; 25. Demands once again the immediate implementa- tion of its resolution ES-8/2 on the question of Namibia; 26. Reaffirms all relevant resolutions adopted by the Organization of African Unity and the United Nations on the question of Western Sahara, including General Assem- bly resolution 39/40 of 5 December 1984, and calls upon the current Chairman of the Organization of African Unity and the Secretary-General of the United Nations to con- tinue their efforts to find a just and lasting solution to this matter; 27. Urges all States, the specialized agencies, compe- tent organizations of the United Nations system and other international organizations to extend their support to the Namibian people through its sole and legitimate represen- tative. the South West Africa People's Organization, in its struggle to gain its right to self-determination and indepen- dence in accordance with the Charter of the United Nations; 28. Notes the contacts between the Government of the Comoros and the Government of France in the search for a just solution to the problem of the integration of the ( 'omorian island of Mayotte into the Comoros, in accord- ,mce with the resolutions of the Organization of African Unity and the United Nations on the question; 29. Calls for a substantial increase in all forms of assistance given by all States, United Nations organs, the specialized agencies and non-governmental organizatiom to the victims of racism. racial discrimination and apart- ~I. Resolutions adopted on th_!_ ':!~-~-o~ the_Third Comrnit11-t• 199 heid through their national liberation movements recog- nized by the Organization of African Unity; 30. Demands the immediate release of women and children detained in Namibia and South Africa; 31. Strongly condemns the constant and deliberate violations of the fundamental rights of the Palestinian people, as well as the expansionist activities oflsrael in the Middle East, which constitute an obstacle to the achieve- ment of self-determination and independence by the Palestinian people and a threat to peace and stability in the region; 32. Demands the immediate and unconditional release of all persons detained or imprisoned as a result of their struggle for self-determination and independence, full respect for their fundamental individual rights and com- pliance with article 5 of the Universal Declaration of Human Rights,6 under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment; 33. Urges all States, the specialized agencies, compe- tent organizations of the United Nations system and other international organizations to extend their support to the Palestinian people through its sole and legitimate represen- tative, the Palestine Liberation Organization, in its struggle to regain its right to self-determination and inde- pendence in accordance with the Charter, 34. Expresses its appreciation for the material and other forms of assistance that peoples under colonial rule continue to receive from Governments, organizations of the United Nations system and intergovernmental organi- zations, and calls for a substantial increase in this assist- ance; 35. Urges all States, the specialized agencies and other competent organizations of the United Nations system to do their utmost to ensure the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and to intensify their efforts to sup- port peoples under colonial, foreign and racist domination in t~eir just struggle for self-determination and indepen- dence; 36. Requests the Secretary-General to give maximum publicity to the Declaration on the Granting of Indepen- dence to Colonial Countries and Peoples and to give the widest possible publicity to the struggle of oppressed peoples for the achievement of their self-determination and national independence and to report periodically to the General Assembly on his activities in this regard; 37. Decides to consider this item again at its forty-first session on the basis of the reports that Governments. organizations of the United Nations system and intergov- ernmental and non-governmental organizations have been requested to submit concerning the strengthening of assist- ance to colonial territories and peoples. 96th plenary meeting 29 November 1985 40/26. Status of the International Convention on the Elimination of All Forms of Racial Discrimi- nation The General Assembly. Recalling its resolutions 30S7 (XXVIII) of 2 November 1973, 3135 (XXVIII) of 14 December 1973, 3225 (XXIX) of6 November 1974. 3381 (XXX) of 10 November 197S, 31/79 of 13 December 1976, 32/11 of 7 November 1977. 33/101 of 16 December 1978, 34/26 of 15 November 1979, 35/38 of 25 Nove-mher I 980. 36 11 I of 28 Octobe1 39 A/ 40/607. •10 Sec resolution 18/ 14 1981, 3'1/45 of 3 December 1982, 38/ 18 of 22 November 1983 and 39/20 of 23 November I 984. f:xpre1·sing its satisfa< 110n with the entry into force, on 3 December 1982, of the rnmpetence of the Committee on the Elimination of Racial Discrimination, under article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination, 11 to accept and to exam- ine communications from persons or groups of persons, and with the fact that l-mce that date more States parties have made the declaration provided for in that article, i. lakes note of the report of the Secretary-General on the status of the International Conve-ntion on the Elimina- tion of All Forms of Racial Discrimination;39 2. Expresses its sat:s(action at the number of States that have ratified the C,mvent1on or acceded thereto; 3. Reaffirms once a . .i:,un its ccmv1ction that ratification of or accession to the C.invention on a universal basis and implementation of its pmvisions are necessary for the real- izat10n of the objectives of the Second Decade to Combat Racism and Racial Dis,:rimination:40 4. Requests those States that have not yet become par- ties to the Convention I{) ratify it or accede thereto; 5. Calls upon States parties to the Convention to con- sider the possibility of making the declaration provided for m article 14 of the Convention; ti. Requests the- Secretary-neneral to continue to sub- mit to the General Assembly annual reports concerning the status of the Convention. in accordance with Assembly resolution 2106 I\ (X'< 1 of 71 December 196S. CJMh plenary meeting 29 November 1985 40/27, Status of the International Convention on the Suppression ,rnd Punishment of the Crime of Apartheid rhe < ieneral Assemh, i. Recalling its resolution 3068 (XXVHI) of 30 November 1973, by which it adopted and opened for signature and ratification the International Convention on the Suppres- sion and Punishment of the ( 'rime of Apartheid, and its subsequent resolutions , m the status of the Convention, Reajjirming its conv,ctw11 that ,1partheid constitutes a total negation of the pui;mses and principles of the Charter of the United Nations. a gross violation of human rights and a crime against humanity. seriously threatening inter- national peace and sernrity, l'akmg note of the finding of the Group of Three of the Commission on Human Rights, established in accordance 1,vith article IX of the Cmventmn, that the crime of apart- heid is a form of the- c11me of gcnocide, 41 Strongly condemning South Africa's continued poliC}, of apartheid and its continued illegal occupation of Namibia, as well as its recent acts of aggression against Angola and other African States, ·1/armed by the aggrnvat10n of the situation in South Africa, in particular 1he further escalation of ruthless repression by the Fasc,st-like apartheid regime, including the use of the armed ft1rces against the opposing people and the imposition PI virtual martial-law conditions intended to facilitate 1 he brutal oppression of the black population, Condemnmg the- continued collaboration of certain 5tatt·s and 1ransnatio,1a: ,,rp ,,,1·. 1 ·,; ,;ir'1 tk racist reg1m1· ,.fSnnth ,\fi ,. 1 , • , ,.·:, , . mil1tar)

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