A/RES/42/74 GA

238 General Assembly-Forty-second Session terms of Chapter XI of thc Charter, the administering Power concerncd should cont111ue to transmit information under Article 7 -1 e of the Charter with respcct to that T('l· ritory; 3. Requests thc administering Powers concerned to continue to transmit to the Secretary-General the infor- mation prescribed in Article 7J e of thc Charter, as well a~ the fullest possible information 011 political and constitu- tional developments in the Territories concerned, within a maximum period ofsix Ill(lnths following the expiration of the administrative year rn t hose Territones; 4. Requests the Secretary-General, rn connection with the preparation hy the Secretaria! of the working paper~ for the Special Committee on the Territories concerned, to ensure that adequate information ¡,, drawn from ali avail- able published sources; 5. Request.1 the Special Committee to continue to d1s- charge the functions entrusted to 11 under General Assem- bly resolution 1970 (XVIII), in accordance with estab- lished procedures, and to report thereon to the Assemhly at its forty-third session 92nd plenury meeting 4 l>cce111ber l 91?7 42/74. Activities of foreign economic and other in- terests which are impeding the implementation of the Declaration on the Granting of lndepen- dence to Colonial Countries and Peoples in Na- mibia and in ali other Territories under colonial domination and efforts to eliminate colonialism, apartheid and racial discrimination in southern Africa The General Asse111hly, Having considered the itern entitled "Activities of fór eign economic and other interests which are irnpeding the implementation of the Declaration on the Granting of ln- dependence to Colonial Countries and Peoples in Namibia and in ali other Territorics under colonial domination and efforts to eliminate colonialism, upurihC/d and racial dis- crimination in southern AfriL·a", Having exumined the chapter ofthe report of the Special Committee on the Situation with regard to the Implemen- tation ofthe Declaration on the Granting of Independence to Colonial Countries and Peoples relating to the item,4 Taking into considerntio11 the relevan! chapter of the rc- port of the United Nations Council for Namibia,~ Recalling its resolutions 1514(XV) of 14December 1960, containing the Declaration on the Granting oflnde- pendencc to Colonial Countries and Peoplc~. 2621 (XXV) of 12 October 1970, containing the prograrnrne of action for the foil implementation of the Declaration, ]5/118 ol 11 December 1980, thc annex to which contains the Plan of Action for the Full Implementation of the Declaration, and 40/56 of 2 Decemher 1985 on the twenty-fifth anni- versary of the Declaration, as well as ali other resolution, of the United Nations relating to the item, Reaffirming the solernn ohligation of thc administering Powers under the Charter of the United Nations to pro- mote the political, economic, social and educational ad- vancement of the i11hahita11h, >f tlw -, c1 rilorie, uIHkr thcir 4 Officiul Records ,f thc General ~h\cnthlv. I orn',.\ecowl .)~e\.\lOl'I Sufplement No. 23 (A/42/2,¡, chap IV /bid., Supplcmrnr \'o _,.¡ '-\ l' ,.¡ L p,11 t t w,, , hap VII. a11d part four, chap I\' 1 ( administration and to protect the human ami natural re- ,ources of those Territories against abuses, Rrnjjirming that any economic or other activity that im- pedcs the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peo- ples and obstructs cfforts aimed at the elimination of colonialisrn, apartheid and racial discrimination in south- ern Africa and other colonial Territories is in direct viola- tion ofthe rights ofthe inhabitants and ofthe principies of the Charter and ,di relevan! resolutions of the United Na- tions, Reajjirming that the natural resources of ali Territories under colonial ami racist domination are the heritage of t he peoples of those Territories and that the depletive ex- ploitation of !hose resources by foreign economic in- terests, in particular in Namibia, in association with the occupying régimc of South Africa, constitute a direct vio- lation of the rights of the peoples and of the principies of the Charter and ali relevant resolutions ofthe United Na- tions, Bearing in mind the relevan! provisions of the Final Document of the Extraordinary Ministerial Meeting of t he Co-ordinating Bureau of the Movement of Non- Aligned Countries on the question of Namibia, held at New Delhi from 19 to 21 April 1985, 6 the final documents of the Eighth Conference of Heads of State or Govern- ment of Non-Aligned Countries, held at Harare from 1 to 6 September 19867 and the relevan! resolutions adopted by the Assembly of Heads of State and Govern- ment of the Organization of African Unity at its twenty- third ordinary session, held at Addis Ababa from 27tn29July 1987,8 foking into uccount the relevant provisions of the docu- rnents adopted by the Second International Conference on Namibia, held at Brussels from 5 to 7 May 1986, t he World Conference on Sanctions against Racist South Africa,9 the International Conference for the Immediate lndependence of Namibia, 10 the Seminar on Support for the Immediate lndependence ofNamibia and the Effective Application of Sanctions against South Africa, held at Buenos Aires from 20 to 24 April 1987, 11 and the Luanda Declaration and Programrne of Action adopted by the United Nations Council for Namibia at its extraordinary plenary rneetings, held at Luanda from 18 to 22 May 1987, 12 Noting with profound concem that the colonial Powers and certain States, through their activities in the colonial rerritories, havc continued to disregard United Nations decisions relating to the subject and that they have failed to implement, in particular, the relevan! provisions of General Assemhly resolutions 2621 (XXV) of 12 Octoher 1970 and 41/14 of 31 October 1986, by which the Assem- hly called upon the colonial Powers and those Govern- ments that had not yet done so to take legislative, adminis- t rative or other measures in respect oftheir nationals and the bodies corporate under their jurisdiction that own and operate enterprises in colonial Territories, particularly in "A/40/.l07-S/171H4 a11d Cmr.I, arnwx_ 7 A/41/697-S/18.1'12, arma_ x See A/42/699, a11nex 11. 4 See Repvrr ofthc World Co11fere11cc on Sancrions ugainsr Rucist S0111h ·l}ricu, Parí,. 16-2/i Junc /91/6 (l'nited Nation, puhlícation, Sales 'so. E86 1.23), chap IX. ro See Report oj rhe l11tematio11al Conjére11ce ji,r rhc lmmedwr,, l•1de¡"'11dc11ce oj .\umibiu, Vie1111u, 7./ l Ju/y 1986 (U1111ed Nations ¡,uhlication, Sales No. E.86.1.16 and addendurn), par! three. 11 A/AC 1.11/24'- 12 Ojficiul Record, o{ rhe General Assc111/,lv, Forty-sccond Scs\/1>11. '11pp/,•¡,r,•1J! :\'o ]-1, .\ i4: 1;>4), par! (\\O, ch:ip 111, para 20-1 V 11. Resolutions adopted on the reports of the Fourth Committee 239 Africa, that are detrimental to the mterests of the inhabi- tants of those Territories, in order to put an end to such enterprises and to prevent new investments that run coun- ter to the interests of the inhabitants of those Territories, Condemning the intensified activities of those foreign economic, financia! and other interests that continue to ex- ploit the natural and human resources of the colonial Ter- ritories 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 as- pirations for self-determination and independence, Strongly condemning the support that the racist minority régime ofSouth Africa continues to receive from those foreign economic, financia! and other interests that are collaborating with the régime in the exploitation of the natural and human resources of the international Terri- tory of Namibia, in the further entrenchment of its illegal racist domination over the Territory and in the strength- ening of its system of apartheid, Strongly condemning the investment of foreign capital in the production of uranium and the collaboration by cer- tain Western and other countries with the racist minority régime of South Africa in the nuclear field which, by pro- viding that régime 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, in- cluding its marine resources, are the inviolable and incon- testable heritage of the Namibian people and that the ex- ploitation and depletion of those resources, particularly the uranium deposits, as a result oftheir plunder by South Africa and certain Western and other foreign economic in- terests, in violation of the Charter, of the relevant resolu- tions of the General Assembly and the Security Council and of Decree No. 1 for the Protection of the Natural Re- sources of Namibia, 13 enacted by the United Nations Council for Namibia on 27 September 1974, and in disre- gard of the advisory opinion of the International Court of J ustice of 21 J une 1971, 14 are considered to be illegal, that they contribute to the maintenance of the illegal occupa- tion régime and are a grave threat to the integrity and prosperity of an indcpendent Namibia, Recalling its endorsement of the decision by the United Nations Council for Namibia that, in the exercise of the Council's rights under the United Nations Convention on the Law of the Sea, 15 the Council would proclaim an ex- clusive economic zone for Namibia, the outer limit of which would be 200 miles, and recalling also its statement that any action for the implementation of the Council's decision should be taken in consultation with the South West Africa People's Organization, the sole and authentic representative of the people of Namibia, 16 Taking note of the legal proceedings instituted by the United Nations Council for Namibia in the district court of The Hague against U renco Nederland V.O.F. and UI- tracentrifuge Nederland N.V., as well as against the Gov- ernment of the Netherlands, as part of its elfort to give ef- 13 /bid., Thirty-jijth Sessio11, Supplement No. 24 (A/35/24), vol. 1, annex II. 14 Legal Consequences for Sta tes of the Continued Presence of South Africa in Namibia (South We,·t Ajrica) ,wrwirlistanding Securi1y Council Resolution 276 (1970), Advisory Opinion, l. C.J Reports, /971, p. 16. 15 Officia/ Records ofthe Third United Na1io11s Co11fere11ce on the Law of the Sea, vol. XVII (United Nation, publicat1on. Sales No. E.84.V .. ll. document A/CONF.62/122 16 Resolution 41/39 A, para. W fect to Dccree No. 1 for the Protection of the Natural Resources of Namibia, Concerned about any foreign economic, financia! and other activities which continue to deprive the indigenous populations of colonial Territories, including certain Ter- ritories in the Caribbean and the Pacific Ocean regions, of their rights over the wealth of their countries, where the inhabitants of those Territories continue to suffer from a loss of land ownership as a result of the failure of the ad- ministering Powers concerned to restrict the sale of land to foreigners, despite the repeated appeals of the General Assemhly, Consc1ous of the continuing need to mobilize world pub- lic opinion against the involvement offoreign economic, fi- nancia! and other interests in th~ exploitation of natural and human resources, which impedes the independence of colonial Territories and the elimination ofracism, particu- larly i11 South Africa and Namibia, and emphasizing thc importance of actions by local authorities, trade unions, religiow. bodies, academic institutions, mass media, solidarity movements and other non-governmental orga- nizations, as well as individuals, in applying pressure 011 transnational corporations to refrain from any investment or activity in South Africa and Namibia, in encouraging a policy of systematic divestment of any financia! or other interest in corporations doing business with South Africa and in counteracting ali forms of collaboration with the occupation régime in Namibia, 1. Reaffirms the inalienable right of the peoples of de- penden! Territories to self-determination and indepen- dence and to the enjoyment of the natural resources of their Tcrritories, as well as their right to dispose of thosc resourccs in their best interests; 2. Reiterates that any administering or occupying Power that deprives the colonial peoples of the exercise of their legitimate rights over their natural resources or subordinates the rights and interests of those peoples to foreign economic and financia! interests violates the sol- emn obligations it has assumed under the Charter of the United Nations; 3. Reaffirms that, by their depletive exploitation of natural resources, the continued accumulation and re- patriation of huge profits and the use of those profits for the enrichment of foreign settlers and the perpetuation of colonial domination and racial discrimination in the Ter- ritories, the foreign economic, financia! and other interests operating at present in the colonial Territories, particu- larly in Namibia, constitute a major obstacle to political independence and racial equality, as well as to the enjoy- ment 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 im- plementation of the Declaration on the Granting of Inde- pendence to Colonial Countries and Peoples and the ef- forts to eliminate colonialism, apartheid and racial discrirnination; 5. Condemns the policies of Governments that con- tinue to support or collaborate with those foreign eco- nomic and other interests engaged in exploiting the natu- ral and human resources of the Territories, including, in particular, illegally exploiting Namibia's mineral and sea resources, violating the political, economic and social rights and interests of the indigenous peoples and thus obstructing the foil and speedy implementation of the Declaration in respect of those Territories; 6. Strongly condemns the collaboration of certain We<.tcrn and other countries with the racist minority 240 General Assembly-Forty-second Session régime ofSouth Africa in the nuclear field and calb upon those and ali other Governmenh cnncerned to refrain from supplying that régimc, direclly or indirectly, with i11- stallations, equipment or material that might enable it to produce uranium, plutonium and l>lher nuclear materials, reactors or military equipment: 7. Strongly condemns the collahoration with the racist minority régime of South Africa of certain Western and other countries as well as transnational corporations that continue to make new investments in South Africa and supply the régime with armarnents, nuclear technology and ali other materials that :1re likely ll' huttress it and thus aggravate the threat to world peace: 8. Calls upon ali States, in particular certain Western and other States, to take urgent, effective measures to ter- minate ali collaboration with the racist régirne of South Africa in the political, econornic, trade, military and nu- clear fields and to refrain frorn entering into other rela- tions with that régime in violation of the relevant resolu- tions of the United Natiom, and of the Organization of African Unity: 9. Calls once again u pon ali Governrnents t hat have not yet done so to take legislative, adrninistrative or other measures in respect of their nationals and the bodies cor- porate under their jurisdiction that own and opera te enter- prises in colonial Territories, particularly in Africa, that are detrimental to the interests of the inhabitants of those Territories, in order to pul an end to such enterprises and to prevent new investments that run counter to the in- terests of the inhabitants of t hose Territories; 10. Calls upan ali States to termínate, or cause to have terminated, any investments in Namibia or loans to the ra- cist minority régime of South A frica and to refrain from any agreements or measures to promote trade or other economic relations with that régirne; 11. Requests ali 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 régime of South Africa, which uses such assistance to repress the people of Namibia and their national liberation movement; 12. Strongly condemns South Africa for its continued exploitation and plundering of the natural resources of Namibia, leading to the rapid depletion of such resources, in complete disregard of the legitima te interests of the Na- mibian people, for the creation in the Territory of an eco- nomic structure dependen! essentially u pon its mineral re- sources and for its illegal cxtension of the territorial sea and its proclamation of an economic zone off the coast nf Namibia; 13. Reitera tes that ali activities of foreign econornic in- terests in Namibia are considered to be illegal under inter- national law and declares that consequently South Africa and ali the foreign economic interests operating 111 Na- mibia are liable to pay damages to the future legitimate Government of an independent Namibia; 14. Ca/Is upon those oil-producing and oil-exporting countries that have not yet done so to take effectivc mea- sures against the oil companies concerned so as to termí- nate the supply of crude oíl and petroleum products to the racist régime of South Africa; 15. Reiterates that the exploitation and plundering of the marine and other natural resources of Namibia hy South African and other foreign economic interests, in- cluding the activities of those transnational corporations that are engaged in the exploitation and export of the Ter- ritory's uranium ores and other resources, in violation of the relevan! resolutions nf th(· General Assemblv and the Security Council and of Decree No. 1 for the Protection of the Natural Resources of Namibia, are considered to be illegal, that they contribute to the maintenance ofthe ille- gal occupation regime and are a grave threat to the integ- rity and prosperity of an independent Namibia; 16. Condemns the plunder of Namibian uranium and calls upon the Governments of al! States, particularly those whose nationals and corporations are involved in the rnining and processing of Namibian uranium, to take ali appropriate measures in compliance with the provisions of Decree No. 1 for the Protection ofthe Natural Resources of Namibia, including the practice of requiring 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; 17. Appeals to the Governments ofthe Federal Repub- hc ofGermany, the Netherlands and the United Kingdom of Great Britain and Northern Ireland, which operate the lírenco uraniurn enrichment plant, to have Namibian uranium specifically excluded from the Treaty of Almelo, 17 which regulates the activities of Urenco; 18. Reiterates its request to ali States, pending the im- position of comprehensive mandatory sanctions against South Africa, to take legislative, administrative and other measures, individually or collectively, as appropriate, in order effectively to isolate South Africa politically, economically, militarily and culturally, in accordance with General Assembly resolutions ES-8/2 of 14 Septem- her 1981, 36/121 B of 10 December 1981, 37/233 A of 20 December 1982, 38/36 A of 1 December 1983, V)/50 A of 12 December 1984, 40/97 A of 13 December 1985, S-14/1 of 20 September 1986 and 41/39 A of 20 Novernber 1986, and encourages those Governments that have recently taken certain unilateral sanction measures against the South African régime to take further measures; 19. Ca/Is once again upan ali States to discontinue ali economic, financia) and trade co-operation with the racist minority régime ofSouth Africa concerning Namibia and to refrain from entering into any relations with South A frica, purporting to act on behalf of or concerning Na- mibia, that may lend support to its continued illegal occu- pation of that Territory; 20. Invites al! Governments and organizations of the United Nations system, having regard to the relevant provisions of the Declaration on the Establishment of a New International Economic Order, contained in General Assembly resolution 3201 (S-VI) of 1 May 1974, and of t he 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. Urges the administering Powers concerned to take effective measures to safeguard and guarantee the inalien- able right ofthe peoples ofthe colonial Territories to their natural resources and to establish and maintain control over their future development, and requests the adminis- tering Powers to take al! necessary steps to protect the property rights of the peoples of those Territories; 22. Ca/Is upan the administering Powers concerned to abolish ali discriminatory and unjust wage systems and working conditions prevailing in the Territories under their administration and to apply in each Territory a uni- form system of wages to ali the inhabitants without any discrimination; 17 llnited Nation,. Treo/y S<'ries, vol. 795. No. 11326. VII. Resolutions adopted on the reports of the Fourth Committee 241 -------- - 23. Requests the Secretary-General to undertake, through the Department of Public lnformation of the Se- cretariat, a sustained and broad campaign with a view to informing world public opinion ofthe facts concerning the pillaging of natural resources in colonial Territories and the exploitation oftheir indigenous populations by foreign economic interests and, in respect of Namibia, the support they render to the racist minority régime of South Africa; 24. Appeals to mass media, trade unions and non- govemmental organizations, as well as individuals, toco- ordinate and intensify their efforts to mobilize interna- tional public opinion against the policy of the apartheid régime of South Africa and to work for the enforcement of economic and other sanctions against that régime and for encouraging a policy of systematic and genuine divest- ment from corporations doing business in South Africa; 25. Decides to continue to monitor closely the situa- tion in the remaining colonial Territories so as to ensure that ali economic activities in those Territories are aimed at strengthening and diversifying their economies in the interests of the indigenous peoples, at promoting the eco- nomic and financia! viability of those Territories and at speeding their accession to independence and, in that con- nection, requests the administering Powers concerned to ensure that the peoples of the Territories under their ad- ministration are not exploited for política!, military and other purposes detrimental to their interests, 26. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of lndependence to Colonial Countries and Peoples to continue to examine this question and to report thereon to the General Assembly at its forty-third session. 92nd plenary meeting 4 December 1987 42/75. lmplementation 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 Assemb/y, Having examined the item entitled "Implementation of the Declaration on the Granting of lndependence to Colonial Countries and Peoples by the specialized agen- cies and the international institutions associated with the United Nations", Having examined the reports submitted on the item by the Secretary-General, 18 the Chairman of the Special Committee on the Situation with regard to the Implemen- tation ofthe Declaration on the Grantin~ of Independence to Colonial Countries and Peoples1 and the Sub- Committee on Petitions, Information and Assistance,2° Recalling the Declaration on the Granting of lndepen- dence to Colonial Countries and Peoples, contained in its resolution 1514 (XV) of 14 December 1960, the Plan of Action for the Full Implementation of the Declaration, contained in the annex to its resolution 35/ 118 of 11 December 1980, and its resolution 40/56 of 2 Decem- ber 1985 on the twenty-fifth anniversary of the Declara- tion, as well as ali other resolutions adopted hy the Gen- eral Assembly on this subject, in particular resolution 41/15 of31 October 1986, 18 A/42/264 and Add.1 19 A/AC.109/L.1620. 20 A/AC.109/L.1616 and Add.l Recal/ing a/so its resolutions ES-8/2 of 14 September 1981, S-14/1 of 20 September 1986 and 41/39 of 20 November 1986 on the question of Namibia, Taking into account the relevan! provisions of the Decla- ration of the International Conference for the Immediate lndependence of Namibia and the Programme of Action on Namibia, 10 the Declaration adopted by the World Con- ference on Sanctions against Racist South Africa,9 and the Luanda Declaration and Programme of Action adopted by the United Nations Council for Namibia at its extraor- dinary plenary meetings. held at Luanda from 18 to 22 May 1987, 12 Bearing in mind the relevant provisions of the final documents of the Eighth Conference of Heads of State or Government of Non-Aligned Countries, held at Harare from 1 to 6 September 1986,7 and ofthe resolution on the quest ion of Namibia adopted by the Council of Ministers of the Organization of African Unity at its forty-sixth or- dinary -;ession, held at Addis Ababa from 20 to 25 July 1987) 1 as well as of the Declaration on Southern Africa, adopted by the Assembly of Heads of State and Govern- ment of that organization at its twenty-third ordinary ses- sion, held at Addis Ababa from 27 to 29 July 1987,8 Awarc that the struggle of the people of Namibia for self- determination and independence is in its crucial stage and has sharply intensified as a consequence of the stepped-up aggression of the illegal colonialist régime of Pretoria against the people of the Territory and the increased sup- port rendered to that régime by its allies, coupled with ef- forts to deprive the Namibian people of their hard-won victories in the liberation struggle, and that it is therefore incumhent upon the entire international community deci- sively to intensify concerted action in support of the peo- ple ofNamibia and their sole and authentic representative, the South West Africa People's Organization, for the at- tainment of their goal, Concerned that the policy of "constructive engagement" with the apartheid régime of South Africa and the "link- age", as well as economic and military collaboration main- tained by certain Western powers, Israel and other coun- tries with Pretoria, have only encouraged and strengthened the racist régime in its continued illegal oc- cupation and massive militarization and exploitation of Namibia in violation of the relevan! resolutions and deci- sions <>f the United Nations, Grave/y concerned at the continued imperialist and neo- colonialist support for South Africa's oppressive and ag- gressive policies in Namibia and with respect to indepen- dent States in southern Africa, in particular the front-line States, as exemplified by the discussions and resolutions of the SeL·urity Council, Con1cwus of the worsening of the situation in southern Africa because of South Africa's racist policies of oppres- sion, aggression and occupation, which constitute a clear threat to world peace and security, and condemning the continuing breach by South Africa of the obligations as- <;umed bv it under the Charter of the United Nations and its persisÍent non-compliance with the relevant resolutions and dccisions of the United Nations, Deep/y conscious of thc continuing critica! need of the Namihian people and their national liberation movement, the South West Africa People's Organization, and of the peoples ,1f other colonial Territories for concrete assis- tance l'rom the specialized agencies and other organiza- tion, <'f the llnited Nations system in their struggle for lib-

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