s/10372/Rev_1 SC

The Security Council, Reaffirming the inalienable right of the people of Namibia to freedom and independence as recognized in General Assembly resolution 1514 (XV) of 14 December 1960, Recognizing that the United Nations has direct responsibility for Namibia, Recalling its resolutions 264 (1969), 276 (1970), 283 (1970), and 284 (1970) of 29 July 1970 requesting the International Court of Justice for an advisory opinion on the question: "What are the legal consequences for States of the continuing presence of South Africa in Namibia notwithstanding Security Council resolution 276 (1970)?" Gravely concerned at the refusal of the Government of South Africa to comply with the resolutions of the Security Council pertaining to Namibia, Recalling its resolution 282 (1970) of 23 July 1970 and stressing the significance of that resolution with regard to the Territory of Namibia, Recognizing the legitimacy of the movement of the people of Namibia against the illegal occupation of their Territory by the South African authorities and their right to self-determination and independence. Taking note of the statements by the delegation of the Organization of African Unity led by the President of Mauritania, and Government, in his capacity as current Chairman of the OAU Assembly of Heads of State, Noting further the statement by the President of the United Nations Council for Namibia, Having heard the statements by the delegation of the Government of South Africa, Having considered the report of the Ad Hoc Sub-Committee on Namibia, 1. Reaffirms that the Territory of Namibia is the direct responsibility of the United Nations and that this responsibility includes the obligation to support and promote the rights of the people of Namibia in accordance with General Assembly resolution 1514 (XV); 2. Reaffirms the unity and territorial integrity of Namibia; 3. Condemns moves by the Government of South Africa designed to destroy national unity and territorial integrity, such as the establishment of Bantustans; 4. Declares that South Africa's continued illegal presence in Namibia constitutes an internationally wrongful act and a breach of international obligations and that South Africa remains accountable for any violations of its international obligations; 5. Takes note with appreciation of the advisory opinion of the International Court of Justice on 21 June 1971; 6. Endorses the Court's opinion expressed in paragraph 133 of the advisory opinion: (1) that South Africa is thus put under obligation to end its occupation of Namibia immediately; (2) that States and Members of the United Nations are under obligation to recognize the invalidity of any acts on behalf of or concerning Namibia, and to refrain from implying recognition of the legality of, or lending support to, such presence. (3) that action to give assistance, taken by the United Nations upon States which are not Members of the United Nations, should be taken into account in their dealings with the Government of South Africa, in particular assistance implying recognition of the legality of or lending support or assistance to such illegal presence and administration; 8. Calls once again on South Africa to withdraw from the Territory of Namibia; 9. Declares that any further refusal of the South African Government to withdraw from Namibia could create conditions detrimental to the maintenance of peace and security in the region; 10. Reaffirms the provisions of resolution 283 (1970), in particular paragraphs 1 to 8 and 11; 11. Calls upon all States to discharge their responsibilities towards the people of Namibia and subject to the exceptions set forth in paragraphs 122 and 125 of the advisory opinion of 21 June 1971: (a) To abstain from entering into treaty relations with South Africa in all cases concerning Namibia; (b) To abstain from invoking or applying those treaties or provisions of treaties concluded by South Africa on behalf of or concerning Namibia which involve active intergovernmental co-operation; (c) To review their bilateral treaties with South Africa in order to ensure that they are not inconsistent with paragraphs 5 and 6 above; (d) To abstain from sending diplomatic missions to South Africa that include the Territory of Namibia in their jurisdiction; (e) To abstain from sending consular agents to Namibia and to withdraw any such agents already there; (f) To abstain from entering into economic and other forms of relationship or dealings with South Africa on behalf of or concerning Namibia which may entrench its authority over the Territory. 12. Declares that franchises, rights, titles or contracts relating to Namibia granted to individuals or companies by South Africa after the adoption of General Assembly resolution 2145 (XXI) are not subject to protection or espousal by their States against claims of a future lawful Government of Namibia; 13. Requests the Ad Hoc Sub-Committee on Namibia to continue to carry out the tasks entrusted to it by resolution 283 (1970), taking into account the need to provide for the effective protection of Namibian interests at the international level, to study appropriate measures for the responsibility of the United Nations towards Namibia; 14. Requests the Ad Hoc Sub-Committee on Namibia to ascertain whether States have entered into agreements which are contrary to the provisions of the present resolution in order to report periodically thereon; 15. Calls upon all States to support and promote the rights of the people of Namibia and to this end to implement fully the provisions of the present resolution; 16. Requests the Secretary-General to report periodically on the implementation of the provisions of the present resolution.

UN Project. “s/10372/Rev_1.” UN Project, https://un-project.org/votes/resolution/s-10372-Rev_1/. Accessed .

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