A/RES/42/95 GA

194 General Assembly-Forty-second Session thirty-eighth, 57 thirty-ninth, 58 fortieth, 59 forty-first, 60 forty-second61 and forty-third26 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, 40/24 of 29 November 1985 and 41/100 of 4 December 1986, Taking note of the report of the Secretary-General,62 1. Reaffirms that the universal realization of the right of all 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 ofsuch 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 upan those States responsible to cease immedi- ately their military intervention and occupation of foreign countries and territories and all acts of repression, dis- crimination, exploitation and maltreatment, particularly the brutal and inhuman methods reportedly 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 as a result of the aforementioned acts and reaffirms their right to return to their homes voluntarily in safety and honour; 5. Requests the Commission on Human Rights to con- tinue to give special attention to the violation of human rights, epecially 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-third session un- der the item entitled "Importance ofthe universal realiza- tion 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 hu- man rights". 93rd plenary meeting 7 December 1987 42/95. Importance 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 guarantee 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- 57 /bid., 1982, Supplement No. 2 (E/1982/12 and Corr.l), cha¡- XXVI, sect. A. 5 [bid., 1983, Supplement No. 3 (E/1983/13 and Corr.l), cha.p- XXVII, sect. A. 5 /bid .. 1984, Supplement No. 4 (E/1984/14 and Corr.l), chap. II, sect. A. 60 /bid .. 1985, Supplement No. 2 (E/1985/22), chap. 11, sect. A. 61 /bid., 1986, Supplement No. 2 (E/1986/22), chap. 11, sect. A. 62 A/42/448 and Add. J. ing of independence to colonial countries and peoples as imperatives for the full enjoyment of ali human rights, Reaffirming the obligation of all 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 1514 (XV) and all relevant reso- lutions concerning the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, Recalling Jurther its resolutions on the question of Na- mibia, in particular resolutions 2145 (XXI) of 27 October 1966 and S-14/1 of20 September 1986, as well as the rele- vant Security Council resolutions, in particular resolu- tions 385 (1976) of 30 January 1976 and 435 (1978) of 29 September 1978, Recalling the Declaration adopted by the World Confer- ence on Sanctions against Racist South Africa63 and the Declaration of the International Conference for the Im- mediate lndependence of Namibia and the Programme of Action on Namibia,64 Taking note of the Luanda Declaration and Programme of Action adopted by the United Nations Council for Na- mibia at its extraordinary plenary meetings, held at Luanda from 18 to 22 May 1987, 65 Taking note a/so ofthe final communiqué adopted by the United Nations Council for Namibia at its ministerial meeting, held at United Nations Headquarters on 2 Octo- ber 1987,66 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 1983,67 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, 68 Taking note of resolution CM/Res.1099 (XL VI)/Rev .1 on South Africa and CM/Res.1091 (XLVI) on Namibia adopted by the Council of Ministers of the Organization of African Unity at its forty-sixth ordinai session, held at Addis Ababa from 20 to 25 July 1987, 9 Recalling the statement issued on 21 August 1987 by the President of the Security Council, on behalf of the mem- bers ofthe Council, in which he expressed their concern in the face of the steady deterioration of the situation in Na- mibia owing to the intensification of the repression perpe- trated by the South African occupation forces against the Namibian people in the entire Territory,70 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- 63 Report of the World Conference on Sanctions against Racist South A/rica. Paris, 16-20 June 1986 (United Nations publication, Sales No. E.86.1.23), chap. IX. 64 See Report of the 1nternational Conference for the 1mmediate lndependence of Namibia, Vienna, 7-11 Ju/y 1986 (United Nations publication, Sales No. E.86.1.16 and addendum), par! three. 65 Officia/ Records of the General Assembly, Forty-second Session. Suf¡ilement No. 24 (A/42/24), part two, chap. III, para. 203. A/42/631-S/19187, annex. 67 See A/38/311-S/15883, annex. 68 See A/39/450-S/16726. 69 See A/42/699, annex l. 70 See Resolution, and Decisions of the Security Council. /9ll7, p. 9. VI. Resolutions adopted on the reports of the Third Committee 195 tory and of the other peoples still under colonial domina- tion and alien 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- called "new constitution" as null and void, Council reso- lution 569 (1985) of 26 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 Africa,71 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 Botswana, Mozambique, Zambia and Zimbabwe, Deeply indignant at the continued occupation of part of the territory of Angola by the troops of the racist régime of South Africa and the persistent, hostile and unprovoked acts of aggression and sustained armed invasions commit- ted by the régime, which violate the sovereignty, airspace and territorial integrity of Angola, in particular the recent armed invasion perpetrated by the racist régime on the provinces of Cuando Cubango and Cunene, 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 1977,72 Recalling also its relevant resolutions on the question of Palestine, in particular resolution 41/43 of 2 December 1986, Recalling further the Geneva Declaration on Palestine and the Programme of Action for the Achievement of Palestinian Rights, adopted by the International Confer- ence on the Question of Palestine, 73 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 Israeli 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 upon all States to implement fully and faith- fully all 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 all available meaos, including armed struggle; 11 !bid., 1986, p. 17. 72 A/32/61, annex l. 73 Repon ofthe Intemational Conference on the Question of Palestine, Geneva, 29 August-7 September 1983 (United Nations publication, Sales No. E.83.1.21), chap. l. 3. Reaffirms the inalienable right ofthe Namibian peo- ple, the Palestinian people and all peoples under foreign and colonial domination to self-determination, national 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 alien 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. Strongly condemns the illegal occupation régime of South Africa for its increased repression of the Namibian people, as recently manifested by the arrest and detention of leaders of the South West Africa People's Organization and of trade unions, the cold-blooded murder and torture of children, women and the elderly, and the bombing and destruction of social and educational institutions by the racist army, police and murder squads, and demands the immediate and unconditional release of all Namibians im- prisoned and detained by the Pretoria régime; 9. 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 régime of Pretoria; 1 O. Reajfirms its rejection of the so-called "new consti- tution" as null and void and reiterates that peace in South Africa can be guaranteed , only by the establishment of majority rule through the full and free exercise of adult suffrage by all the people in a united and undivided South Africa; 11. Commends the efforts of the democratic forces within various sections of the South African society that are striving towards the abolition of apartheid and the creation of a united non-racial democratic society in South Africa and, in this connection, takes note with satisfaction of the Dakar Declaration, adopted at the meeting orga- nized by the Institute for a Democratic Alternative for South Africa at Dakar from 9 to 12 July 1987;74 12. 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 democratic mass organizations, and demands their im- mediate and unconditional release, in particular that of Nelson Mandela and Zephania Mothopeng; 13. Strongly condemns South Africa for the imposition of the state of emergency under its repugnant Internal Security Act and calls for the immediate lifting ofthe state of emergency, as well as the repeal of the Internal Security Act; 14. Strongly condemns the holding of an all-white elec- tion by the racist régime in May 1987, in the midst ofthe state of emergency, accompanied by the muzzling of the press and increased brutal repression of the majority, 74 A/42/554-S/19126, annex. For the printed text, see Official Records of the Security Council, Forty-second Year, Supplement for Ju/y, August and September 1987, document S/19126. 196 General Assembly-Forty-second Session which once again clearly manifested the apartheid régime's arrogant defiance and intransigence; 15. 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; 16. 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; 11. 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; 18. Strongly condemns the persistent, hostile and un- provoked acts of aggression and sustained armed inva- sions carried out by the racist régime of South Africa, which violate the sovereignty, airspace and territorial in- tegrity of Angola, in particular the armed invasion perpe- trated by the racist régime on the provinces of Cuando Cubango and Cunene; 19. 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- 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; 20. 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 their territories and the transit of mercenaries through their ter- ritories to be punishable offences, and prohibiting their na- tionals from serving as mercenaries, and to report on such legislation to the Secretary-General; 21. Strongly condemns the continued violation of the human rights of the peoples still under colonial domina- tion and alien subjugation, the continuation of the illegal occupation by the racist minority régime in southern Africa and the denial to the Palestinian people of their inalienable national rights; 22. Strongly condemns the racist régime of Pretoria for its acts of destabilization against Lesotho, and strongly urges the international community to continue to extend maximum assistance to Lesotho to enable it to fulfil its in- ternational humanitarian obligations towards refugees, and to use its influence on the racist régime so that it de- sists from such acts against Lesotho; 23. Strongly condemns the unprovoked and unwar- ranted military attacks of 14 June 1985 and 19 May 1986 on the capital of Botswana and demands that the racist régime pay full and adequate compensation to Botswana for the loss of life and damage to property; 24. Strongly condemns the escalation of massacres of defenceless people and the continuing destruction of eco- nomic and social infrastructures perpetrated against Mozambique by armed terrorists, who are an extension of the South African army of aggression; 25. Denounces the collusion between Israel and South Africa and expresses support for the Declaration of the In- ternational Conference on the Alliance between South Africa and Israel;67 26. 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 régime of South Africa encourage that régime to persist in its suppression of the aspirations of peoples to self-determination and independence; 21. Again demands the immediate application of the mandatory arms embargo against South Africa, imposed under Security Council resolution 418 ( 1977) of 4 N ovem- ber 1977, by all 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; 28. Calls for the full implementation of the provisions of the Declaration adopted by the World Conference on Sanctions against Racist South Africa63 and of the Decla- ration of the International Conference for the Immediate Independence of Namibia and the Programme of Action on Namibia;64 29. Demands once again the immediate implementa- tion of General Assembly resolutions ES-8/2 of 14 Sep- tember 1981 and S-14/1 of 20 September 1986; 30. Reaffirms all relevant resolutions adopted by the Organization of African Unity and the United Nations on the question of Western Sabara, including General As- sembly resolution 41/ 16 of 31 October 1986, 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; 31. Urges all States, the specialized agencies, organiza- tions ofthe United Nations system and other international organizations to extend their support to the Namibian people through their sote and legitimate representative, the South West Africa People's Organization, in its strug- gle to gain its right to self-determination and indepen- dence in accordance with the Charter of the United Na- tions; 32. 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; 33. Calls for a substantial increase in all forms of assis- tance given by all 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; 34. Strongly condemns the racist régime for its wanton arrests and detention of women and children in South Africa and Namibia and demands their immediate and unconditional release; 35. Strongly condemns the constant and deliberate vio- lations 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 achievement of self-determination and independence by the Palestinian people and a threat to peace and stability in the region; 36. 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 VI. Resolutions adopted on the reports of the Third Committee 197 Rights,2 under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment; 3 7. Urges ali S tates, the specialized agencies, organiza- tions ofthe United Nations system and other intemational 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; 38. 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; 39. 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; 40. 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 peo- ples for the achievement of their self-determination and national independence and to report periodically to the General Assembly on bis activities in this regard; 41. Decides to consider this item at its forty-third ses- sion on the basis of the reports on the strengthening of as- sistance to colonial territories and peoples that Govern- ments, organizations of the United Nations system and intergovemmental and non-governmental organizations have been requested to submit. 93rd plenary meeting 7 December 1987 42/96. Use of mercenaries 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 of the use of force 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,75 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, 75 Resolution 2625 (XXV), annex. Recognizing that mercenarism is a threat to intema- 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 all forms of foreign domination, Recalling ali of its relevant resolutions, particularly resolution 41/102 of 4 December 1986, 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 alia, 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 1987/61 of 29 May 1987, 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, ínter alia, from aggression and threats against national sovereignty, national unity and territorial integ- rity, Recalling the relevant resolutions of the Organization of African Unity and the convention adopted by the Assem- bly ofHeads ofState and Government ofthe Organization of African Unity at its fourteenth ordinary session, held at Libreville from 2 to 5 July 1977,76 condemning and out- lawing mercenarism and its adverse effects on the indepen- dence and territorial integrity of African States, Deeply con cerned at the Joss of life, the substantial dam- age to property and the short-term and long-term negative effects on the economy of southern African countries re- sulting from mercenary aggression, 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 Jiberation movements of peoples struggling for the exercise of their right to self-determination; 2. Strongly condemns the racist régime ofSouth 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; 3. 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; 4. Calls upon ali States to exercise the utmost vigilance against the menace posed by the activities of mercenaries 76 See A/32/310. annex JI.

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