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A/RES/40/62 GA

Question of the Comorian island of Mayotte : resolution / adopted by the General Assembly

40
Session
117
Yes
1
No
22
Abstentions
Draft symbol A/40/L.38
Adopted symbol A/RES/40/62
Category GEOGRAPHICAL DESCRIPTORS
P5 Positions
Russia United States ~ United Kingdom ~ China France
UN Document A/RES/40/62 ↗

Vote Recorded VoteA/40/PV.109 Dec. 9, 1985

— Abstain (22)
✗ No (1)
Absent (19)
✓ Yes (117)
Full text of resolution OCR extract — may contain errors
11. Resolutions adopted without reference to a Main Committee 31 Nations,47 as well as the study on the role of the Intema- tional Court of Justice48 and other efforts of the Commit- tee in the continuation of its programme of support to the work of the United Nations in severa! areas; 4. Requests the Secretary-General to submit to the General Assembly at its forty-first session a report on co- operation between the United Nations and the Asían- African Legal Consultative Committee; 5. Decides to include in the provisional agenda of its forty-first session the ítem entitled "Co-operation between the United Nations and the Asian-African Legal Consulta- tive Committee". 108th plcnary meeting 9 December 1985 40/62. Question of the Comorian island of Mayotte The General Assembly, Recalling its resolutions 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Inde- pendence to Colonial Countries and Peoples, and 2621 (XXV) of 12 October 1970, containing the programme of action for the foil implementation of the Declaration, Recal/ing also its previous resolutions, in particular res- olutions 3161 (XXVIII) of 14 December 1973, 3291 (XXIX) of 13 December 1974, 31/4 of 21 October 1976, 32/7 oíl November 1977, 34/69 of6 December 1979, 35/ 43 of 28 November 1980, 36/ 105 of 1 O December 1981, 37/65 of 3 December 1982, 38/13 of 21 November 1983 and 39/48 of 11 December 1984, in which it, inter alía, affirmed the unity and territorial integrity of the Comoros, Reca/ling, in particular, its resolution 3385 (XXX) of 12 November 1975 on the admission of the Comoros to membership in the United Nations, in which it reaffirmed the necessity of respecting the unity and territorial integ- rity of the Comoro Archipelago, composed of the islands of Anjouan, Grande-Comore, Mayotte, and Mohéli, Recal/ing further that, in accordance with the agree- ments between the Comoros and France, signed on 15 June 1973, conceming the accession of the Comoros to independence, the results of the referendum of 22 Decem- ber 1974 were to be considered on a global basis and not island by island, Convinced that a just and lasting solution to the question of Mayotte is to be found in respect for the sovereignty, unity and territorial integrity of the Comoro Archipelago, Convinced further that a speedy solution of the problem is essential for the preservation of the peace and security which prevail in the region, Bearing in mind the wish expressed by the President of the French Republic to seek actively a just solution to the problem, Taking note of the repeated wish of the Govemment of the Comoros to initiate as soon as possíble a frank and serious dialogue with the French Government with a view to accelerating the return of the Comorian island of May- otte to the Islamic Federal Republic of the Comoros, Taking note of the report of the Secretary-General, 49 Bearing in mind the decisions of the Organization of African Unity, the Movement of Non-Aligned Countries and the Organization of the Islamic Conference on this question, 47 A/40/726 and Corr. l. annex 48 A/40/682, annex. 49 A/40/619. SO Officia/ Records uf thc Third United Natwns Con/érence on the La..- o/ the Sea, vol. XVII (United Nations publicati.on, Sales No. E.84.V.3), docu ment AICONF.62/122. 1. Reaffirms the sovereignty of the lslamic Federal Republic of the Comoros over the island of Mayotte: 2. Invites the Government of France to honour the commitments entered into prior to the referendum on the self-determination of the Comoro Archipelago of 22 December 1974 concerning respect for the unity and terri- torial integrity of the Comoros; 3. Calls for the translation into practice of the wish expressed by the President of the French Republic to seek actively a just solution to the question of Mayotte; 4. Urges the Government of France to open negotia- tions with the Government of the Comoros with a view to ensuring the effective and prompt retum of the island of Mayotte to the Comoros; 5. Requests the Secretary-General of the United Nations to maintain continuous contact with the Secrc- tary-General of the Organization of African lJnity with regard to this problem and to make available his good offices in the search for a peaceful negotiated solution to the problem; 6. Further requests the Secretary-General to report on this matter to the General Assembly at its forty-first ses- sion; 7. Decides to include in the provisional agenda of its forty-first session the item entitled "Question of the Comorian island of Mayotte". 109th p/enar)' meeting 9 December 1985 40/63. Law of the sea rite General Assembly, Recalling its resolutions 3 7 /66 of 3 December I 982, .18/ 59 A of 14 December 1983 and 39/73 of 13 Deccmber 1984, regarding the law of the sea, Taking note ofthe increasing and overwhelming support for the United Nations Convention on the Law of the Sea,50 as evidenced, ínter afia, by the one hundred and fifty-nine signatures as of 9 December 1984, the closing date for signature, and twenty-four ofthe sixty ratifications or accessions required for entry into force of the Conven- tion, Considering that, in its resolution 2749 (XXV) of 17 December 1970, it proclaimed that the sea-bed and ocean floor, and the subsoil thereof, beyond the limits ofnational jurisdiction, as well as the resources of the arca, are the common heritage of mankind, Recalling that the Convcntion provides the régime to be applied to the Area and its resources. Further recalling the Declaration adopted by the Prepar- atory Commission for the Intemational Sea-Bed Authority and for the International Tribunal for the Law of the Sea on 30 August 1985,51 Seriously concerned at any attempt to underminc the Convention and the relatcd resolutions adopted at the Third Unitcd Nations Conference on the Law ofthc Sea, 52 Recognizing that, as stated in the third preambular para- graph of the Convention, the problems of ocean spacc are closely interrelated and need to be considered as a whole, Convinced that it is important to safeguard the unified character of the Convention and relatcd resolutions adopted therewith and to refrain from any action to apply 5l LOS/PCN/72; see also A 40 923, paras. 109-112. on the Dedarat10n and the Chairman's statement at its adoption. 52 Otfic1a/ Records ()( the Th1rd Unitcd Nailon., Conkrence on the /,aw o/ the Sea. vol. XVII (United Na11ons publication. Sales No F 84 V.3). docu ment A CONF.621121, annn l.
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