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A/RES/648(VII) GA

Factors which should be taken into account in deciding whether a Territory is or is not a Territory whose people have not yet attained a full measure of self-government : resolution / adopted by the General Assembly

7
Session
36
Yes
15
No
7
Abstentions
Draft symbol A/RES/648(VII)
Adopted symbol A/RES/648(VII)
P5 Positions
Russia United States United Kingdom China France
UN Document A/RES/648(VII) ↗

Vote Recorded VoteA/PV.402 Dec. 10, 1952

— Abstain (7)
✗ No (15)
Absent (2)
✓ Yes (36)
Full text of resolution OCR extract — may contain errors
Resolutions adopted on reports of the Fourth Committee 33 2. Instructs the Fourth Committee, acting on behalf of the General Assembly, to fill such vacancies as may occur among the non-administering Members of the Committee; 3. Decides that, at its regular session in 1955, the General Assembly will examine the question whether the Committee on Information from Non-Self-Gov- erning Territories should be renewed for a further period, together with the questions of the composition and terms of reference of any such future committee. 402nd plenary meeting, 10 December 1952. bi accordance with the ter,ns of resolutions 332 (IV) and 646 (VII), the Fourth Committee, at its 306th meeting oti 15 De.-embtr 1952, elected, on behalf of the Ge11eral A.fsembly, fo11r members lo the Committee on Information from Non- Self-Gtn,'trning Territories to fill the vacancies created by the expiration of the terms of office of Bran/, Egypt, India and the Unioti of Soi>iet Socialist RepHblics. The States elected were: BRAZIL, CHINA, I NOIA and IRAQ. 647 (VII). Participation of Non.Self-Governing Territories in the work of the Committee on Information from Non-Self-Governing Terri• tories The Ge,aeral Assembly, Recalling that, in resolution 566 (VI) adopted on 18 January 1952, the General Assembly invited the Committee on Information from Non-Self-Governing Territories to examine the possibility of associating the Non-Self-Gpverning Territories more closely in its work and to report the results of its examination of this problem to the General Assembly at its seventh session in connexion with the Assembly's consideration of the Committee's future, Recalling that it has been found both possible and useful to associate Non-Self-Governing Territories with the work of technical organs of the United Na- tions. including the specialized agencies, Recognizing that direct 'participation of the Non- Self-Governing Territories in the work of the Com- mittee on Information from Non-Self-Governing Ter- ritories can be of further assistance in promoting the progress of these Territories and their peoples towards the goals set forth in Chapter XI of the Charter of the United Nations, . Noting that the Members administering Non- Self-C10verning Territories have from 1time to time attached qualified persons from these Territories to their delegations to the Committee, l. Considers it desirable that there be associated in the work of the Committee on Information from Non- Self-Governing Territories qualified indigenous repre- sentatives from Non-Self-Governing Territories, and invites the Administering Members to make such par- ticipation possible ; 2. Invites the Administering Members to transmit copies of the reports on economic, social and educa- tional conditions of the Committee on Information from Non-Self-Governing Territories, together with the relevant resolutions of the General Assembly, to the executive and legislative branches of these Territories; 3. Invites the Committee on Information from Non-Self-Governing Territories to study further tht question of the direct participation, in its discussiovi on economic, social and educational conditions, of rep· resentatives of those Territories the inhabitants ol which have attained a wide measure. of responsibilit;; for economic, social and educational policies, and to include recommendations on this question in its re· port to the General Assembly at its eighth session. 402nd plenary meeting, 10 December 1952. 648 (VII). Factors which should be taken Into account in deciding whether a Territory is or is not a Territory whose people have not yet attained a full measure of self-government The General Assembly, Taking into account the obligation to transmit infor- mation, accepted in virtue of Article 73 e of the Charter, by the Members which have or assume re- sponsibilities for the administration of Territories whose peoples have not yet attained a full measure of sel £-government, Talei,a9. into acco""' that this obligation remains in force with regard to each Territory until such time as the objectives of Chapter XI of the Charter are fulfilled, . Taking into accoi:nt the statement contained in reso- lution 222 (III), adopted by the General Assembly on 3 November 1948, to the effect that it is essential for the United Nations to be informed of any change that may take place in the constitutional status of any Non- Self-Governing Territory, and that, not later than six months after the· submission of the aforesaid informa- tion, such information as may be required in such cases should be communicated, including information about the constitution, legislative acts or executive orders regarding the government of the Territory as well as about the constitutional relationship of the Territory to the government of the metropobtan country, Having examined the report • of the Ad H oc Com- mittee on Factors ( Non-Self-~erning Territories). Recognizing that, in deciding whether a Territory has or has not attained a full measure of self-govern- ment, an enumeration of factors would be a useful guide both for the General Assembly and for the Ad- ministering Member concerned, Having regard to its resolution 567 (VI) of 18 Janu- ary 1952, 1. Approves provisionally the annexed list of fac- tors which may serve as a guide, both for the General Assembly and for the Members of the United Nations which have or assume responsibilities for the adminis- tration of Non-Self-Governing Territories, in deciding whether a Territory has or hu not attained-a full meas- ure of self-government; 2. Recognises that , -each concrete caae should be considered and decided in the light of the particular ' See document A/Zl 78. M General Auembly--Seventh Seulon circumstances of that case and taking into account the right of self-determination of peoples; 3. Declares that the factors, while ¥rving as a ~ui<le in determining whether the obligations as set 1 o;·th in Article 73 e of the Charter still exist, should in no way Le inteq,reted as a hindrance to the attain- ment of a full measure of self-government by the Non-Self-Governing Territories; 4. Furt/rer declares that, for a Territory to he deemed self-go\'erning in economic, social or educa- tional affairs it is essential that its people shall have attainecl a full measure of self-government as referred to in Chapter XI of the Charter; 5. Recommends that, provisionally, the annexed list of factors should be taken into account in any case which the General Assembly examines resulting from any communication received by the Secretary-General in virtue of General Assembly resolution 222 (III) concerning the cessation of the transmission of infor- mation under Article 73 e of the Charter, or in rela- tion to other questions that may arise concerning the existence of an obligation to transmit information un- der this Article ; 6. Decides to set up a new Ad H oc Committee of ten Members, consisting of Australia, Belgium, Burma, Cuba, Guatemala, Iraq, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America and Venezuela, with instructions to con- tinue and carry put a more thorough study of the fac- tors which will have to be taken into account in de- ciding whether a Territory has or has not attained a full measure of self-government; 7. Jwuites the said Cornmittee to take into account, inter alia, the list• of factors prepared in 1952 by the Ad H oc Committee set up under General Assembly resolution 567 (VI) and the statements transmitted by governments in compliance with the aforementioned resolution and, further, to take into account the fol- lowing additional elen1ents : (a) The possibility of defining the concept of a full measure of self-government for the purposes of Chapter XI of the Charter; ( b) The features guaranteeing the principle of the self-determination of peoples in relation to Chapter XI of the Charter ; (c) The manifestation of the freely expressed will of the peoples in relation to the determinat10n of their national and international status for the purposes of Chapter XI of the Charter; 8. lwvites all Members of the United Nations to transmit in writing to the Secretary-General, by 1 May 1953, a statement of the views of their governments on the subjects contained in the terms of reference of the Committee; 9. Rll/f'ISls the Secretary-General to convene the Ad Hoe Committee so that it may begin its work not later than feur weeks before the opening of the 1953 seuion of the Committee on Information from Non- Self-Goveming Territories. 402nd pl1,uv:, "'"""9, 10 Dec,mbet' 1952. ANNEX Factor• indicative of the atlainment o/ i,ade- pendence or o/ other aeparate ayalema o/ 1,el/• government FIRST PART Factors indicative of the attainment of independ,nct :\. /ntemational status I. International responsibility. Full international responsi- bility of the territory for the acts inherent in the exercise of its external sovereignty and for the corresponding acts in the administration of its internal affairs. 2. Eligibility for membership in the United Nations. 3. General international relatiims. Power to enter into direct relations of every kind with other governments and with in- ternational institutions and to negotiate, sign and ratify inter- national instruments. 4. National defence. Freedom of the territory to enter into arrangements concerning its national defence. B. Internal stlf-goi·ernrnent 1. Form of govern,nent. Complete freedom of the people of the territory to choose the form of government which they desire. 2. Tl!f'f"itorial government. Freedom from control or inter- ference by the government of another State in respect of the internal government (legislature, executive, judiciary) and ad- ministration of the Territory. 3. Economic, social and culttcral jurisdiction. Complete au- tonomy in respect of economic, social and cultural affairs. SECOND PART Factors indicative of the attainment of other stf>aratt systems uf self-go1•"nment A. Gen"al 1. Political atlvancement. Political advll!lcement of the pop- ulation sufficient to_ enable them to decide upon the future destiny of the territory with due knowledge. 2. O,-icm of l#w po,-lalion. The opinion of the population of the territory, freely expressed by informed and democratic: processes, as to the status or change in status which they desire. 3. V oltcnlary limitation of sovertigflty. Degree to which the sovereignty of the territory is limited by its own free will when that territory has attained a separate system of self-,ovem- ment. B. 1 nt,nsatiOfltJl stattu 1. G1n1ral int,,.,.otional r,latiofu. Degree or extent to which the territory exercises the power to enter freely into direct relations of every kind with other governments and with international institutions and to negotiate, sign and ratify international instruments freely. 2. Eligibility for me'"'1ersliip in tla, Unitetl Notions. C. lnllf'tla/ 11lf-1ov1rnment 1. Territorial gOflemment. Naaire and measure of control or interference, if any, by the government of another State in respect of the internal government, for example, in respect of the followl111: L1gi,lo1W1: The enactment of law, for the territory by an indfaenou1 body whether fully elected by free and democratic proceaaes or lawfully constituted in a manner receiving the free consent of the population; Reaolutiom adopted on reporla of the Fourth Committee SS E.rec11tive: The selection of members of the executive branch of the government by the competent authority in the territory receiving consent of the indigenous population, whether that authority is hereditary or elected, having regard also to the nature and measure of control, if any, by an outside agency on that authority, whether directly or indirectly exercised in the constitution and conduct of the executive branch of the gov- ernment; Jwliciary: The establishment of courts of law and the selec- tion of judges. 2. Participation of the population. Effective participation of the population in the government of the territory: (a) Is there an adequate and appropriate electoral and representative sys- tem? (b) Is this electoral system conducted without direct or indirect interference from a foreign government? a 3. Economic, social and cultural jurisdiction. Degree of au- tonomy in respect of economic, social and cultural affairs, as -illustrated by the degree of freedom from economic pressure as exercised, for example, by a foreign minority group which, by virtue of the help of a foreign Power, has acquired a -privileged economic status prejudicial to the general economic interest o{ the people of the territory ; and by the degree of freedom and lack of discrimination against the indigenous pop- ulation of the territory in ~ocial legislation ancl social develop- ments. Fartors indicative of the free assoriatiot1 of II territory with other component parts of the metropolitan or other coNntry A. General 1. Political odvanctment. Political advancement of the pop- ulation sufficient to enable them to decide upon the future destiny of the territory with due knowledge. 2. Opinio11 of the pop11lation. The opinion of the popula- tion of the territory, freely expressed by informed and demo- cratic processes, as to the status or change in status which they desire. 3. Geographical con.rider1Jtions. Extent tG which the rela- tiona of the territory with the capital of the central government may be affected by circumstances arising out of their re- spective geographical positions, such as separation by land, .sea or other natural obstacles. 4. Ethnic and cult11ral considerations. Extent to which the population are of different race, language or religion or have a distinct cultural heritage, interests or aspirations, distinguish- in1 them from the peoples of the country with which they freely associate themselves. S. Constit11tional con.rid,rations. Association (a) by virtue of the constitution of the metropolitan cou.ntry, or (b) by virtue of a treaty or bilateral agreement affecting the status • For example, the followinf questions would be relevant: (i> Has each adult inhabitant equal power (subject to special safeguards for minorities) to determine the character of the government of the territory? (ii) Is this power exercised freely, i.e., is there an absence of undue influence over and coercion of the voter and of the imposition of disabilities on particular political parties? Some tests which can he used in the application of this factor are as follows: (a) The existence of effective measures to ensure the demo- cratic elg)_reuion of the will of the people ; • (b) The existence of more than one political party in the territory; . (c) The existence of a secret ballot; (d) The existence of lep) prohibitions on the exercise of undemocratic practices in the course of elections; (,) The existence for the individual elector of a choice be- tween candidates of differing political parties; (f) The absence of "martial law" and similar measures at election times ; (iii) Is each individual free to express his political opinions, to support or oppose any pelitical party or cause, and to criticize the government of the day? of the territory, taking into account (i) whether the c:on■ti• tutional guarantees extend equally to the usociated territory, (ii) whether there are powers in certain matten cautltu- tionally reserved to the territory or to the central aatborh:,, and (iii) whether there is provision for the putic:lpatloa of the territory on a basis of equality in any ~hanges in the con- stitutional system of the State. B. Status 1. Legislative representation. Representation without di•· crimination in the central legislative orpns on the same basis as other inhabitants and re,lona. 2. Citirenship. Citizenship without discrimination on the same hasis as other inhabitants. 3. Govnwmfflt officials. Eligibility of officials from the territory to all public offices of the central authority, by appointment or election, on the same basis as those from other parts of the country, C. lnt,rnal constil11tional condmons 1. S11lf ra111. Universal and equal suffra,e. and free periodic elections, characterized by an absence of IDldue irdhaence over and coercion of the voter or of the imposition of disabilities on particular political parties.b 2. Local rights and .rtattu. In a unitary ■)'Item equal risbts and status for the inhabitants and Jocal bodiea of the territory as enjoyed by inhabitants and local bodiea of other parts of the country ; in a federal system an identical decree of self• government for the inhabitants and local bodies of all parts of the federation. 3.. Local off icial.r. Appointment or election of . offlclala in the territory on the same basis as tho1e in other parts of the couqtry. 4. lnt,""°' l1gi.,lotion. Local self-,overnment of the ■ame scope and under the same conditions u enjOJC(l by other parts of the country. 649 (VD). Admlnletntlve lllllom affeedq Tl'IUt Terrltorlea The Ge,.eral Assembly, Recalliflg that the Trusteeship Agreements for the Trust Territories concerned authorize the Adminier- ing Authorities to establish customs, fiscal or adminis- trative unions or federations, Recalling its resolution 224 (III) of 18 November 1948, recommending that the Truateeship Council should investigate the question of ac:bninistrative unions in all its aspects, and resolution 326 (IV) of 15 No- vember 1949, recommendinJ that the Trusteeship Council should complete the investigation, Recalli,.g, further, that in resolution 326 (IV) it noted that the Trusteeship Agreements do not authorize ~ For example, the followi• tests would be relevant: (a) The existence of effective measures to ensure the democratic expression of the will of the people; ( b) The existence of more than one political party in the territory; ( c) The existence of a aec:ret ballot : (d) The existence of )epl prohibitions on the exercise of undemocratic practices in the course of electiona; (,) The existence for the individual elector of a choice between candidates of differins politlcal parties ; (/) ~• absence of "martial law" and similar -■urn at election times ; (1) Freedom of each individ-1 to ~ hia polidcaJ opinions, to support or oppoee any polidcal party or caue.- and to criticize the ,overnment of the day.
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UN Project. “A/RES/648(VII).” UN Project, https://un-project.org/votes/resolution/A-RES-648(VII)/. Accessed .