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A/RES/748(VIII) GA

Cessation of the transmission of information under Article 73 e of the Charter in respect of Puerto Rico : resolution / adopted by the General Assembly

8
Session
26
Yes
16
No
18
Abstentions
Draft symbol A/RES/748(VIII)
Adopted symbol A/RES/748(VIII)
P5 Positions
Russia United States United Kingdom ~ China France ~
UN Document A/RES/748(VIII) ↗

Vote Recorded VoteA/PV.459 Nov. 27, 1953

4 surprising votes — countries whose ideal point predicts the opposite position.

— Abstain (18)
✗ No (16)
✓ Yes (26)
Full text of resolution OCR extract — may contain errors
Resolutions adopted on the reports of the Fourth Committee 25 qualifications in the functional fields studied by the Committee, Considering that this is a practice which might be extended with advantage to the work of the Committee, in that the pooling and exchange of knowledge and experience thus achieved will enable it more efficaciously to assess the economic, social and educational problems of Non-Self-Governing Territories in the light of the solutions being found to those problems elsewhere in the world, 1. Commends the action of those Members which have included specialist advisers in their delegations to the Committee; 2. Expresses the hope that those Members which have not hitherto found it possible to do so, will find it appropriate to associate with their delegations persons specially qualified in the functional fields within the Committee's purview. 459th plenary meeting, 27 November 1953. 746 (VID). Employment of international staff from Non-Self-Governing and Trust Terri- tories The General Assembly, Considering that the paragraph 3 of Article 101 of the Charter of the United Nations, regarding the employ- ment of the staff of the United Nations, states that, in addition to the necessity of securing the highest stand- ards of efficiency, competence and integrity in employ- ment of Secretariat staff, due regard should be paid to the importance of recruiting the staff on as wide a geo- graphical basis as possible, Having regard to the objectives set forth in Chap- ters XI and XII of the Charter in respect of the ad- vancement of the inhabitants of Non-Self-Governing and Trust Territories, Considering that the services of individuals from Non-Self-Governing and Trust Territories in the Sec- retariat of the United Nations will contribute to a wider geographical coverage in the recruitment of staff, Considering the statement 4 made by the Secretary- General that he has already taken note of the wishe~ expressed in the Fourth Committee on this matter, l. Recommends that the Secretary-General consider the desirability of continuing and increasing the recruit- ment of suitably qualified inhabitants of Non-Self-Gov- erning and Trust Territories for the Secretariat of the United Nations; 2. Invites the Secretary-General to draw the atten- tion of the specialized agencies to the present resolu- tion with a view to a similar policy being followed as far as possible in the secretariats of those agencies. 459th plenary meeting, 27 November 1953. 7 4 7 (VIII). Cessation of the transmission of in• formation under Article 73 e of the Charter in respect of the Netherlands Antilles and Surinam The General Assembly, Recalling that in its resolution 650 (VII) of 20 De- cember 1952 it invited the Committee set up to study • 4 See Official RecC!rds of the General Assembly, Eighth Ses- sion, Fourth Committee, 342nd meeting. the factors which should be taken into account in de- ciding whether a Territory is or is not a Territory whose people have not yet attained a full measure of self-government to examine carefully the documents submitted by the Netherlands Government relating to the Netherlands Antilles and Surinam in the light of resolution 648 (VII) of 10 December 1952, Having received and considered the report 6 of the Ad Hoe Committee on Factors (Non-Self-Governing Territories) established by resolution 648 (VII), Having taken note of the statement 6 of the repre- sentative of the Netherlands that the negotiations be- tween representatives of the Nether lands, the Nether- lands Antilles and Surinam, which were adjourned in the year 1952, will shortly be resumed, 1. Notes urith satisfaction the progress made by the Netherlands Antilles and Surinam towards self- government ; 2. Considers that the new status of the Netherlands Antilles and Surinam can only be rightly appraised after the said negotiations have led to a final result and this has been embodied in constitutional provisions; 3. Expresses to the Netherlands Government its confidence that, as a result of the negotiations, a new status will be attained by the Netherlands Antilles and Surinam representing a full measure of self-government in fulfilment of the objectives set forth in Chapter XI of the Charter; 4. Invites the Government of the Netherlands to communicate to the Secretary-General the result of these negotiations as well as the provisions mentioned in paragraph 2 above; 5. Invites the Committee on Information from Non- Self-Governing Territories to examine these communi- cations in connexion with the information already trans- mitted and to report thereon to the General Assembly ; 6. Requests the Government of the Netherlands to transmit regularly to the Secretary-General the in- formation specified in Article 73 e of the Charter in regard to the Netherlands Antilles and Surinam until such time as the General Assembly takes a decision that the transmission of information in regard to these Territories should be discontinued. 459th plenary meeting, 27 November 1953. 748 (VIII). Cessation of the transmission of in• formation under Article 73 e of the Charter in respect of Puerto Rico The General Assembly, Considering that, in resolution 222 (III) of 3 No- ~ember 1948, the General Assembly, while welcom- mg any development of self-government in Non-Self- Governing Territories, considers it essential that the United Nations be informed of any change in the con- stitutional status of any such Territory as a result of which the government responsible for the transmis- ~ion. under Article 73 e of the Charter, of information !n respect_ of that T~rritory thinks it unnecessary or mappropnate to contmue such a practice, Having received the communications 7 dated 19 Jan- uary and 20 March 1953 informing the United Nations '' See document A/2428 . • 6 See Official Reco,:ds of the General Assembly, Eighth Ses- s10,1, Fourth Co111mittec, 343rd meeting, para. 70. 7 See document A/ AC.35/L.121. 26 General AHembly-Eighth Session of the establishment of the Commonwealth of Puerto Rico, as a result of the entry into force on 25 July 1952 of the Constitution of Puerto Rico, and stating that, in consequence of these constitutional changes, the Government of the United States of America would cease to transmit information under Article 73 e of the Charter, Having studied the report 8 prepared by the Com- mittee on Information from Non-Self-Governing Ter- ritories, during its session of 1953, on the question of the cessation of the transmission of information on Puerto Rico, and presented to the General Assembly in conformity with paragraph 2 of resolution 448 ( V) of 12 December 1950, H<Wing examined the communications of the Gov- ernment of the United States of America in the light of the basic principles embodied in Chapter XI of the Charter and of all the other elements of judgment per- tinent to the issue, Considering that the agreement reached by the United States of America and the Commonwealth of Puerto Rico, in forming a political association which respects the individuality and the cultural characteristics of Puerto Rico, maintains the spiritual bonds between Puerto Rico and Latin America and constitutes a link in continental solidarity, Bearing in mind the competence of the General As- sembly to decide whether a Non-Self-Governing Ter- ritory has or has not attained a full measure of self- government as referred to in Chapter XI of the Char- ter, l. Takes n'ote favourably of the conclusions set forth by the Committee on Information from Non-Self- Governing Territories in its resolution; 9 2. Recognizes that the people of the Commonwealth of Puerto Rico, by expressing their will in a free and democratic way, have achieved a new constitutional status; 3. Expresses the opinion that it stems from the documentation provided that the association of tht Commonwealth of Puerto Rico with the United States of America has been established as a mutually agreed association ; 4. Recognizes that, when choosing their constitu- tional and international status, the people of the Com- monwealth of Puerto Rico have effectively exercised their right to self-determination; 5. Recognizes that, in the framework of their Con- stitution and of the compact agreed upon with the United States of America, the people of the Common- wealth of Puerto Rico have been invested with at- tributes of political sovereignty which clearly identify the status of self-government attained by the Puerto Rican people as that of an autonomous political entity; 6. C~nsiders that, due to these circumstances, the Declarat10n regarding Non-Self-Governing Territories and the provisions established under it in Chapter XI of the Charter can no longer be applied to the Com- monwealth of Puerto Rico ; 7. Takes note of the opinion of the Government of the United States of America as to the cessation of the transmission under Article 73 e of the Charter of information on Puerto Rico; 8 See Official Records of the General Assembly, Eighth Ses- sion, Supplement No. 15, part I, section VII. 9 Ibid., page 6. 8. Considers it appropriate that the transmission of this information should cease; 9. Expresses its assurance that, in accordance with the spirit of the present resolution, the ideals em- bodied in the Charter of the United Nations, the tra- ditions of the people of the United States of America and the political advancement attained by the people of Puerto Rico, due regard will be paid to the will of both the Puerto Rican and American peoples in the conduct of their relations under their present legal statute, and also in the eventuality that either of the parties to the mutually agreed association may desire any change in the terms of this association. 459th plenary meeting, 27 November 1953. 749. (VIII). Question of South West Mrica A The General Assembly, H<Wing accepted, by resolution 449 A (V) of 13 December 1950 and by resolution 570 (VI) of 19 January 1952, the advisory opinion of the International Court of Justice with respect to South West Africa, Recalling that the advisory opinion 10 of the Inter- national Court of Justice with respect to the Territory of South West Africa sets forth, inter alia, that : (a) The Territory of South·West Africa is a Ter- ritory under the international Mandate assumed by the Union of South Africa on 17 December 1920, ( b) The Union of South Africa acting alone has not the competence to modify the international status of the Territory of South West Africa, and that the com- petence to determine and modify the international status of the Territory rests with the Union of South Africa acting with the consent of the United Nations, ( c) The Union of South Africa continues to have the international obligations stated in Article 22 of the Covenant of the League of Nations and in the Mandate for South West Africa as well as the obligation to transmit petitions from the inhabitants of that Ter- ritory, the supervisory functions to be exercised by the United Nations to which the annual reports and the petitions are to be submitted, Considering that, in accordance with the , opinion of the International Court of Justice, the Union of South Africa is under an obligation to accept the com- pulsory jurisdiction of the Court as provided by Ar- ticle 37 of the Statute of the International Court of Justice, by Article 80, paragraph 1, of the Charter of the United Nations and by article 7 of the Mandate for South West Africa, Having reconstituted the Ad H oc Commii:tee on South West Africa, consisting of the representatives of Norway, Syria, Thailand, the United States of America and Uruguay, by General Assembly resolution 570 A (VI) of 19 January 1952 and, by General As- sembly resolution 651 (VII) of 20 December 1952. having continued it on the same basis as before, Having considered the reports of the aforesaid Ad Hoe Committee, i.e., document A/2261 submitted on 21 November 1952 and documents A/2475 and Adds.I and 2 submitted on 16 September, 8 October and 9 November 1953, 10 See International Status of S 011th i-v est Africa A d,·i.rnry Oti11ion: I.CJ. Reports 1950, page 128. '
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