A/RES/40/27 GA

~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) 200 General Assembly- Fortieth Session and other fields as an encouragement to the intensification of its odious policy of apartheid, Firmly convinced that the legitimate struggle of the oppressed peoples in southern Africa against apartheid, racism and colonialism and for the effective exercise of their inalienable right to self-determination and indepen- dence demands more than ever all necessary support by the international community and, in particular, further action by the Security Council in accordance with Chapter VII of the Charter of the United Nations, Underlining that ratification of or accession to the Con- vention on a universal basis and the implementation of its provisions without delay are necessary for its effectiveness, and therefore will contribute to the eradication of the crime of apartheid, I. Takes note of the report of the Secretary-General on the status of the International Convention on the Suppres- sion and Punishment of the Crime of Apartheid;42 2. Commends those States parties to the Convention that have submitted their reports under article VII thereof; 3. Appeals once again to those States that have not yet done so to ratify or to accede to the Convention without further delay, in particular those States that have jurisdic- tion over transnational corporations operating in South Africa and Namibia and without whose co-operation such operations cannot be halted; 4. Takes note with appreciation of the report of the Group of Three of the Commission on Human Rights, established in accordance with article IX of the Conven- tion, and, in particular, of the conclusions and recommen- dations contained in that report; 41 5. Draws the attention of all States to the opinion expressed by the Group of Three in its report that article Ill of the Convention could apply to the actions of trans- national corporations operating in South Africa; 6. Requests the Commission on Human Rights to intensify, in co-operation with the Special Committee against Apartheid, its efforts to compile periodically the progressive list of individuals, organizations, institutions and representatives of States deemed responsible for crimes enumerated in article II of the Convention, as well as those against whom or which legal proceedings have been undertaken; 1. Requests the Secretary-General to circulate the above-mentioned list to all States parties to the Conven- tion and all Member States and to bring such facts to the attention of the public by all means of mass communica- tion; 8. Requests the Secretary-General to invite the States parties to the Convention, the specialized agencies and non-governmental organizations to provide the Commis- sion on Human Rights with relevant information con- cerning the forms of the crime of apartheid, as described in article II of the Convention, committed by transnational corporations operating in South Africa; 9. Appeals to all States, United Nations organs, the specialized agencies and international and national non- governmental organizations to step up their activities in enhancing public awareness by denouncing the crimes committed by the racist regime of South Africa; I 0. Requests the Secretary-General to intensify his efforts, through appropriate channels, to disseminate infor- mation on the Convention and its implementation with a 42 N40/606. 43 Resolution 38/ 14. annex. 44 Oifinal Record• ol rhe iiNwral Asscmh/v f,,irr,erh Session, Sup1>lemem l'i'o 18 u. ,io1 lS) view to promoting further ratification of or accession to the Convention; 11. Requests the Secretary-General to include in his next annual report under General Assembly resolution 3380 (XXX) of 10 November 1975 a special section con- cerning the implementation of the Convention. 96th plenary meeting 29 November 1985 40/28. Report of the Committee on the Elimination of Racial Discrimination The General Assembly, Recalling its resolutions 39/21 of 23 November 1984 on the report of the Committee on the Elimination of Racial Discrimination and 40/26 of 29 November 1985 on the status of the International Convention on the Elimination of All Forms of Racial Discrimination, 11 as well as its other relevant resolutions on the implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination,43 Having considered the report of the Committee on the Elimination of Racial Discrimination on the work of its thirty-first and thirty-second sessions,44 submitted under article 9, paragraph 2, of the Convention, Emphasizing the need for Member States to intensify, at the national and international levels, the struggle against acts or practices of racial discrimination and the vestiges or manifestations of racist ideologies wherever they exist, Bearing in mind that the Convention is being imple- mented in different economic, social and cultural condi- tions prevailing in individual States parties, Mindful of the obligation of all States parties to comply fully with the provisions of the Convention, Aware of the importance of the contribution of the Committee to the implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination and to the elimination of all forms of discrimination based on race, colour, descent or national or ethnic origin, Taking note of the decisions adopted and recommenda- tions made by the Committee at its thirty-first and thirty- second sessions, I. Takes note of the report of the Committee on the Elimination of Racial Discrimination on its thirty-first and thirty-second sessions; 2. Also takes note of the part of the report relating to Trust and Non-Self-Governing Territories and other Ter- ritories to which General Assembly resolution 1514 (XV) of 14 December 1960 applies;45 3. Draws the attention of the relevant United Nations bodies to the opinion and recommendations of the Com- mittee relating to the Territories mentioned in paragraph 2 above, calls upon those bodies to ensure that the Commit- tee is supplied with all relevant information on the Terri- tories and urges all administering Powers to co-operate with those bodies by providing all the necessary informa- tion in order to enable the Committee to discharge fully its responsibilities under article 15 of the International Con- vention on the Elimination of All Forms of Racial Dis- crimination; 4. Considers that the Committee should not take into consideration information on Territories to which General Assembly resolution 1514 (XV) applies unless such infor- 4 , Ihul., sect V

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