A/RES/41/101 GA

V l. Resolutions adopted on the reports of the Third Committee 163 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,25 thirty-seventh,26 thirty-eighth,2'f thirty-ninth,28 fortieth,29 forty-first30 and forty-second31 sessions, Reiterating its resolutions 35/35 B of 14 November 1980, 36/10 of 28 October 1981, 37/42 of 3 December 1982, 38/16 of22 November 1983, 39/18 of23 November 1984 and 40/24 of 29 November 1985, Taking note of the report of the Secretary-General,32 l. Reaffirms that the universal realization of the right of ali peoples, including those under colonial, foreign and alien domination, to self-determination is a fundamental condition for the effective guarantee and observance ofhu- man rights and for the preservation and promotion of such rights; 2. Declares its firm opposition to acts of foreign mili- tary intervention, aggression and occupation, since these have resulted in the suppression of the right of peoples to self-determination and other human rights in certain parts of the world; 3. Calls upon the States responsible for those acts to cease immediately their military intervention and occupa- tion of foreign countries and territories and ali acts of repression, discrimination, exploitation and maltreat- ment, particularly the brutal and inhuman methods re- portedly employed for 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 their homes voluntarily in safety and honour; S. Requests the Commission on Human Rights to con- tinue to give special attention to the violation of human rights, especially the right to self-determination, resulting from foreign military intervention, aggression or occupa- tion; 6. Requests the Secretary-General to report on this is- sue to the General Assembly at its forty-second session under the item entitled "Importance ofthe universal reali- zation of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights". 97th plenary meeting 4 December 1986 25 See Official Records of the &onomic and Social Council. /980. Suf¡iement No. 3 (E/1980/13 and Corr.1), chap. XXVI, sect. A. /bid., 1981, Supplement No. 5 (E/1981/25 and Corr.l), chaf. XXVIII, sect. A. 2 /bid., 1982, Supplement No. 2 (E/ 1982/ 12 and Corr. 1 ), chap. XXVI, sect. A. 28 /bid., 1983, Supplement No. 3 (E/1983/13 and Corr.1 ), chap. XXVII, sect. A. 29 /bid., 1984, Supplement No. 4 (E/1984/14 and Corr. l), chap. 11, sect. A. 30 /bid., 1985, Supplement No. 2 (E/1985/22), chap. Il, sect. A. 31 /bid., 1986, Supplement No. 2 (E/1986/22), chap. Il, sect. A. 32 A/41/433 and Add.1-3. 41/101. lmportance of the universal realization of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guaran- tee and observance of human rights The General Assembly, Reaffirming its faith in the importance of the implemen- tation of the Declaration on the Granting of lndependence to Colonial Countries and Peoples contained in its resolu- tion 1514 (XV) of 14 December 1960, Reaffirming the importance of the universal realization of the right of peoples to self-determination, national sov- ereignty and territorial integrity and of the speedy grant- ing of independence to colonial countries and peoples as imperatives for the full enjoyment of ali human rights, Reaffirming the obligation of ali Member States to com- ply with the principies of the Charter of the United Na- tions and the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and foreign domination, Recalling its resolution IS 14 (XV) and ali relevant reso- lutions concerning the implementation of the Declaration on the Granting of lndependence to Colonial Countries and Peoples, Recalling a/so its resolutions on the question of Na- mibia, in particular resolutions 2145 (XXI) of 27 October 1966 and S-14/1 of 20 September 1986, as well as ali the relevant Security Council resolutions, in particular resolu- tions 385 (1976) of 30 January 1976 and 435 (1978) of 29 September 1978, Recallingthe Declaration adopted by the World Confer- ence on Sanctions against Racist South Africa33 and the Declaration of the International Conference for the Im- mediate Independence of Namibia and the Programme of Action on Namibia,34 Bearing in mind the outcome of the International Con- ference on the Alliance between South Africa and Israel, held at Vienna from 11 to 13 July 1983, 35 Welcoming the holding at Tunis from 7 to 9 August 1984 of the Conference of Arab Solidarity with the Strug- gle for Liberation in Southern Africa,36 Recalling resolutions CM/Res.1052 (XLIV)/Rev.1 on South Africa and CM/Res.1055 (XLIV)/Rev. l on Na- mibia adopted by the Council of Ministers of the Organi- zation of African Unity at its forty-fourth ordinary ses- sion, held at Addis Ababa from 21 to 26 July 1986, 16 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, Grave/y concerned at the continuation of the illegal oc- cupation of Namibia by South Africa and the continued violations of the human rights of the people in the Terri- tory and of the other peoples still under colonial domina- tion and alíen subjugation, Reaffirming its resolution 39/2 of 28 September 1984 and recalling Security Council resolution 554 (1984) of 17 August 1984, in which the Council rejected the so- .ll Report of the World Conference on Sanctions against Racisl South A/rica, Paris, /6-20 June /986 (United Nations publication, Sales No. E.86.1.23), chap. IX. 14 See Report of the lntcrnational Conference far the 1mmedia11, 1ndependence of Namibia. Vienna. 7-11 Ju/y 1986 (United Nations publication, Sales No. E.86.1.16 and addendum), part three. 35 See A/38/311-S/15883, annex. l6 See A/39/450-S/16726. 164 General Assembly-Forty-first Session called "new constitution" as null and void, Council reso- lution 569 (1985) of26 July 1985, and the statement made by the President of the Security Council on 13 June 1986 on the nation-wide state of emergency in South A frica, 37 Deeply concerned at the continued terrorist acts of ag- gression committed by the Pretoria régime against inde- pendent African States in the region, in particular the un- provoked attacks against Zimbabwe, Zambia and Botswana, Deeply indignant at the continued occupation of part of the territory of Angola by the troops ofthe racist régime of South Africa and the persistent, hostile and unprovoked acts of aggression and sustained armed invasions carried out by that régime in violation of the sovereignty, airspace and territorial integrity of Angola, in particular the armed invasion of Angola on 28 September 1985 and the premeditated attack on the port of Namibe on 5 June 1986, Recalling Security Council resolutions 527 (1982) of 15 December 1982 and 535 (1983) of 29 June 1983 on Lesotho, and Council resolutions 568 (1985) of 21 June 1985 and 572 (1985) of 30 September 1985 on Botswana, Reaffirming the national unity and territorial integrity of the Comoros, Recalling the Political Declaration adopted by the First Conference of Heads of State and Government of the Or- ganization of African Unity and the League of Arab States, held at Cairo from 7 to 9 March 1977,38 Recalling also its relevant resolutions on the question of Palestine, in particular resolution 40/96 of 12 December 1985, Recalling further the Geneva Declaration on Palestine and the Programme of Action for the Achievement of Palestinian Rights, adopted by the Intemational Confer- ence on the Question of Palestine,39 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 aggression by Israel against the people of the region constitute a serious threat to international peace and security, Deeply shocked and alarmed at the deplorable conse- quences ofthe lsraeli invasion ofLebanon and recalling ali the relevant resolutions of the Security Council, in par- ticular resolutions 508 ( 1982) of 5 June 1982, 509 (1982) of 6 June 1982, 520 (1982) of 17 September 1982 and 521 (1982) of 19 September 1982, l. Calls upan all States to implement fully and faith- fully ali the resolutions of the United Nations regarding the exercise ofthe right to self-determination and indepen- dence by peoples under colonial and foreign domination; 2. Reaffirms the legitimacy of the struggle of peoples for their independence, territorial integrity, national unity and liberation from colonial domination, apartheid and foreign occupation by ali available means, including armed struggle; 3. Reaffirms the inalienable right ofthe Namibian peo- ple, the Palestinian people and ali peoples under foreign and colonial domination to self-determination, national 37 See Official Records of Ihe Security Council, Forty-first Year. Reso/utions and Decisions. 38 A/32/61, annex l. 39 Reporl ofthe lntemational Conjáence on the Question of Palestine, Geneva, 29 August-7 Septemher 1983 (United Nations publication, Sales No. E.83.1.21 ), chap. l. independence, territorial integrity, national unity and sov- ereignty without foreign interference; 4. Strongly condemns those Governments that do not recognize the right to self-determination and indepen- dence of ali peoples still under colonial domination and alíen subjugation, notably the peoples of Africa and the Palestinian people; 5. Calls for the full and immediate implementation of the declarations and programmes of action on Namibia and on Palestine adopted by the international conferences on those questions: 6. Reaffirms its vigorous condemnation of the con- tinued illegal occupation of Namibia by South Africa; 7. Condemns once again the racist régime of South Africa for its installation of a so-called "interim adminis- tration" at Windhoek and declares that action to be ille- gal, null and void; 8. Further condemns the policy of "bantustanization" and reiterates its support for the oppressed people of South Africa in its just and legitima te struggle against the racist minority régime 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 majority rule through the full and free exercise of adult sutfrage by all the people in a united and undivided South Africa; 10. 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 of emergency, as well as the repeal ofthe Internal Security Act; 12. Condemns South Africa for its increasing oppres- sion ofthe Namibian people, for the massive militarization of Namibia and for its armed attacks launched against the States in the region in order to destabilize them politically and to sabotage and destroy their economies; 13. Strongly condemns the establishment and use of 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 terri- tory; 15. Strongly condemns the persisten!, hostile and un- provoked acts of aggression and sustained armed inva- sions carried out by the racist régime ofSouth Africa in vi- olation of the sovereignty, airspace and territorial integrity of Angola, in particular the armed invasion of Angola on 28 September 1985 and the premeditated at- tack on the port of Namibe on 5 June 1986; 16. Strongly reaffirms its solidarity with the indepen- dent African countries and national liberation movements that are victims of murderous acts of aggression and de- stabilization by the racist régime of Pretoria, and calls upon the international community to render increased as- VI. Resolutions adopted on the reports of the Third Committee 165 sistance and support to these countries in order to enable them to strengthen their defence capacity, defend their sovereignty and territorial integrity and peacefully rebuild and develop; 17. Reaffirms that the practice of using mercenaries against sovereign States and national liberatíon move- ments constitutes a criminal act and calls upon the Gov- ernments of ali countríes to enact legislation declaríng the recruitment, financing and traíníng of mercenaries in theír territoríes and the transít of mercenaries through their ter- ritories to be punishable offences, and prohíbiting their na- tíonals from serving as mercenaries, and to report on such legíslation to the Secretary-General; 18. Strongly condemns the contínued violation of the human rights of the peoples stíll under colonial domína- tion and alien subjugatíon, the continuation of the illegal occupation by the racist minoríty régime in southern Africa and the deníal to the Palestinian people of their inalienable natíonal rights; 19. Further strongly condemns the racist régíme of Pretoría for its acts of destabilízation, armed aggressíon and economíc blockade against Lesotho and strongly urges the ínternational communíty to contínue to extend maxímum assistance to Lesotho to enable it to fulfil its ín- ternational humanítarian obligations towards refugees and to use its influence on the racist régime so that it would desist from its terrorist acts against Lesotho; 20. Strongly condemns the unprovoked and unwar- ranted military attack on the capital of Botswana and de- mands that the racist régime 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 ofthe In- ternational Conference on the Alliance between South Africa and Israei;35 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 minoríty régime ofSouth Africa encourage that régime to persist in its suppression of the aspirations of peoples to self-determination and independence; 23. Again demands the immediate application of the mandatory arms embargo against South Africa, imposed under Security Council resolution 418 ( 1977) of 4 Novem- ber 1977, by ali countries and more particularly by those countries that maintain military and nuclear co-operation with the racist Pretoria régime and continue to supply it with related matériel; 24. Calls for the full implementation of the provisions of the Declaration adopted by the World Conference on Sanctions against Racist South Africa33 and of the Decla- ration of the International Conference for the Immediate Independence of Namibia and the Programme of Action on Namibia;34 25. Demands once again the immediate implementa- tion of its resolutions ES-8/2 of 14 September 1981 and S-14/ 1 of 20 September 1986; 26. Reaffirms ali relevant resolutions adopted by the Organization of African Unity and the United Nations on the question of Western Sahara, including General As- sembly resolution 40/50 of 2 December 1985, and calls upon the current Chairman ofthe Organization of African Unity and the Secretary-General ofthe United Nations to continue their efforts to find a just and lasting solution to this question; 27. Urges ali States, the specialized agencies, organiza- tions of the U nited N ations system and other international organizations to extend their support to the Namibian people through its sote and legitimate representative, the South West Africa People's Organization, in its struggle to gain its right to self-determination and independence 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 Comorian island of Mayotte into the Comoros, in accor- dance with the resolutions of the Organization of African Unity and the United Nations on this question; 29. Calls for a substantial increase in ali forms of assis- tance given by ali States, United Nations organs, the spe- cialized agencies and non-governmental organizations to the victims of racism, racial discrimination and apartheid through national liberation movements recognized 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 delíberate vio- lations ofthe fundamental rights ofthe Palestinian people, as well as the expansionist activities of Israel in the Middle East, which constitute an obstacle to the achievement 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 ali persons detained or imprisoned as a result of their struggle for self-determination and independence, full re- spect for their fundamental individual rights and compli- ance with article 5 ofthe Universal Declaration ofHuman Rights,2 under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment; 33. Urges ali States, the specialized agencies, organiza- tions ofthe United Nations system and other international organizations to extend their support to the Palestinian people through its sole and legitimate representative, the Palestine Liberation Organization, in its struggle to regain its right to self-determination and independence in accor- dance 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 assis- tance; 35. Urges ali 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 their just struggle for self-determination and indepen- dence; 36. Requests the Secretary-General to give maximum publicity to the Declaration on the Granting of lndepen- dence to Colonial Countries and Peoples and to give the widest possible publicity to the struggle of oppressed peo- ples 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 ítem at its forty-second session on the basis of the reports on the strengthening of assistance to colonial territories and peoples that Govern- ments, organizations ofthe United Nations system and in- 166 General Assembly-Forty-first Session tergovernmental and non-governmental organizations have been requested to submit. 97th plenary meeting 4 December 1986 41/102. Use ofmercenaries as a meaos to violate human rights and to impede the exercise of the right of peoples to self-determination The General Assembly, Bearing in mind the need for strict observance of the principies of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, as well as scrupulous respect for the principie of the non-use or threat ofthe use offorce in intemational re- lations, enshrined in the Charter of the United Nations and developed in the Declaration on Principies of Interna- tional Law concerning Friendly Relations and Co- operation among States in accordance with the Charter of the United Nations,40 Reaffirming the legitimacy of the struggle of peoples and their liberation movements for their independence, ter- ritorial integrity, national unity and liberation from colonial domination, apartheid and foreign intervention and occupation, and that their legitimate struggle can in no way be considered as or equated to mercenary activity, Deeply concerned about the increasing menace that the activities of mercenaries represent for ali States, particu- larly African, Central American and other developing States, Recognizing that mercenarism is a threat to interna- tional peace and security, Recognizing also that the activities of mercenaries are contrary to fundamental principies of international law, such as non-interference in the internal affairs of States, territorial integrity and independence, and seriously im- pede the process of self-determination of peoples strug- gling against colonialism, racism and apartheid and ali forms of foreign domination, Recalling ali of its relevant resolutions, particularly resolution 40/74 of 11 December 1985, in which it de- nounced the practice of using mercenaries, in particular against developing countries and national liberation movements, Recalling also Security Council resolutions 239 (1967) of 10 July 1967, 405 (1977) of 14 April 1977, 419 (1977) of 24 November 1977, 496 (1981) of 15 December 1981 and 507 (1982) of 28 May 1982, in which the Council, in- ter alía, condemned any State that persisted in permitting or tolerating the recruitment of mercenaries, and the provision of facilities to them, with the objective of over- throwing the Governments of States Members of the United Nations, Welcoming the adoption by the Economic and Social Council of resolution 1986/43 of 23 May 1986, in which the Council condemned the increased recruitment, financ- ing, training, assembly, transit and use of mercenaries, Reaffirming its decision, in its resolution 32/130 of 16 December 1977, to accord priority to the search for so- lutions to the mass and flagrant violations ofhuman rights of peoples and persons affected by situations such as those resulting, in ter alía, from aggression and threats against national sovereignty, national unity and territorial integ- rity, 40 Resolution 2625 (XXV), annex. Recalling the relevant resolutions of the Organization of African Unity and the convention adopted by the Assem- bly of Heads of Sta te and Government of the Organization of African Unity at its fourteenth ordinary session, held at Libreville from 2 to 5 July 1977,41 condemning and out- lawing mercenarism and its adverse effects on the indepen- dence and territorial integrity of African States, Deeply concerned at the loss of life, substantial damage to property and long-term negative effects on the economy of southern African countries resulting from mercenary aggression, Strongly condemning the racist régime of South Africa for its increasing use of groups of armed mercenaries against national liberation movements and for the de- stabilization of the Governments of southern African States, 1. Condemns the increased recruitment, financing, training, assembly, transit and use of mercenaries, as well as ali other forms of support to mercenaries for the pur- pose of destabilizing and overthrowing the Governments of southern Africa and Central America and of other de- veloping States and fighting against the national liberation movements of peoples struggling for the exercise of their right to self-determination; 2. Denounces any State that persists in the recruit- ment, or permits or tolerates the recruitment, of merce- naries and provides facilities to them for launching armed aggression against other States; 3. Calls upan ali States to exercise the utmost vigilance against the menace posed by the activities of mercenaries and to ensure, by both administrative and legislative mea- sures, that the territory of those States and other territo- ries under their control, as well as their nationals, are not used for the recruitment, assembly, financing, training and transit of mercenaries, or the planning of such activities designed to destabilize or overthrow the Government of any State and to fight the national liberation movements struggling against racism, apartheid, colonial domination and foreign intervention and occupation for their indepen- dence, territorial integrity and national unity; 4. Urges ali States to take the necessary measures un- der their respective domestic laws to prohibit the recruit- ment, financing, training and transit of mercenaries on their territory; 5. Calls upan all States to extend humanitarian assis- tance to victims of situations resulting from the use of mercenaries, as well as from colonial or alien domination or foreign occupation; 6. Takes note of Economic and Social Council resolu- tion 1986/43, in which the Council urged the Commission on Human Rights to appoint a special rapporteur on this subject with a view to preparing a report for consideration at the forty-fourth session of the Commission; 7. Decides to pay due attention to the matter at its forty-second session under the item entitled "lmportance of the universal realization of the right of peoples to self- determination and of the speedy granting of independence to colonial countries and peoples for the effective guaran- tee and observan ce of human rights". 41 See A/32/310, annex 11. 97th plenary meeting 4 December 1986

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