Question of Namibia Resolutions

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A Resolution of the General Assembly, under agenda item 36Question of Namibia, published in 1988.

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47 documents · 1969–1991

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1991A/RES/44/243[B]Question of Namibia resolutionsCompare with earlier document
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81 operative paragraphs

A

Approves the report of the United Nations Council for Namibia;31 2.

Endorses the final communique of the ministerial meeting of the United Nations Council for Nami?ia held in New York on 2 October 1987,39 and urges the interna tional community to implement it;

Also endorses the Luanda Declaration and Pro gramme of Action, adopted by the United NatioŻs Coun cil for Namibia at its extraordinary E}enary meetings held at Luanda from 18 to 22 May 1987, and urges the inter national community to implement them;

Reaffirms the inalienable right of the people of Na mibia to self-determination, freedom and national inde pendence in a united Namibia, in accordance with the Charter of the United Nations and as recognized by the General Assembly in its resolutions 1514 (XV) and 2145 (XXI), and in subsequent resolutions of the Assem bly relating to Namibia, as well as the legitimacy of their struggle by all the means at their disposal, including armed struggle, against the illegal occupation of their ter ritory by South Africa;

Strongly condemns the South African regime for its continued illegal occupation of Namibia in defiance of the resolutions of the United Nations relating to Namibia;

Declares that South Africa's illegal occupation of Namibia constitutes an act of aggression against the Na mibian people in terms of the Definition of Aggression contained in General Assembly resolution 3 314 (XXIX) of 14 December 1974, and supports the armed struggle of the Namibian people, under the leadership of the South West Africa People's Organization, to repel South Africa's aggression and to achieve self-determination, freedom and national independence in a united Namibia;

Declares also that the liberation struggle in Namibia is a conflict of an international character in terms of arti cle I, paragraph 4, of Additional Protocol 143 to the Geneva Conventions of 12 August 1949,44 and, in this re gard, demands that the Conventions and Additional Protocol I be applied by South Africa, and in particular that all captured freedom fighters be accorded prisoner-of war status as called for by the Geneva Convention relative to the Treatment of Prisoners of War45 and the Additional Protocol thereto;

Reiterates that, in accordance with its resolution 2145 (XXI), Namibia is the direct responsibility of the United Nations until genuine self-determination and na tional independence are achieved in the Territory and, for this reason, reaffirms the mandate given to the United Na tions Council for Namibia as the legal Administering

Authority for Namibia until independence under its reso lution 2248 (S-V) and subsequent resolutions of the Gen eral Assembly;

Reaffirms its decision that the United Nations Council for Namibia, in fulfilment of its mandate, and in view of racist South Africa's arrogant refusal to withdraw from the Territory, should proceed to establish its admin istration in Namibia and calls for the early implementa tion of this provision, in accordance with General Assem bly resolutions 41/39 A of 20 November 1986 and S-14/ 1;

Also reaffirms that the South West Africa People's Organization, the national liberation movement of Na mibia, is the sole and authentic representative of the Na mibian people;

Further reaffirms that the genuine independence of Namibia can be achieved only with the direct and full par ticipation of the South West Africa People's Organization in all efforts to implement the resolutions of the United Nations relating to Namibia;

Solemnly reaffirms that Namibia's accession to independence must be with its territorial integrity intact, including Walvis Bay, the Penguin Islands and other offshore islands, and reiterates that, in accordance with the resolutions of the United Nations, in particular Security Council resolution 432 (1978) of 27 July 1978 and General Assembly resolutions S-9/2 of 3 May 1978 and 35/227 A of 6 March 1981, any attempt by South Africa to annex them is, therefore, illegal, null and void;

Calls upon the Security Council to declare categorically that Walvis Bay is an integral part of Na mibia and that the question should not be left as a matter for negotiation between an independent Namibia and South Africa;

Commends the South West Africa People's Organ ization for its continued intensification of the struggle on all fronts, including the armed struggle, and for its com mitment to embrace all Namibian patriots in an effort fur ther to strengthen national unity so as to ensure the ter ritorial integrity and sovereignty of a united Namibia, and welcomes the consolidation of unity in action by the patri otic forces in Namibia under the leadership of the South West Africa People's Organization, during the critical phase of their struggle for national and social liberation;

Reaffirms its solidarity with, and support for, the South West Africa People's Organization, the sole and authentic representative of the Namibian people, and pays tribute to that organization for the sacrifices that it has made in the field of battle and also for the spirit of states manship, co-operation and far-sightedness which it has displayed in the political and diplomatic arena despite the most extreme provocations on the part of the racist Preto ria regime;

Further commends the people of Namibia who, un der the leadership of the South West Africa People's Or ganization, have intensified their struggle at all levels, as clearly demonstrated by the combined actions of workers, youth, students and parents, as well as churches and other professional organizations, demanding the immediate and unconditional implementation of Security Council resolu tion 435 (1978);

Reaffirms that the United Nations plan for the in dependence of Namibia, embodied in Security Council resolutions 385 (1976) and 435 (1978), is the only interna tionally accepted basis for a peaceful settlement of the Na mibian question and demands its immediate implementa tion without pre-condition or modification; General Assembly-F_o_rty-'- •s_ec_o_n _d_S_es_s_io_n __ _ _ _ __ _ _ Strongly condemns South Africa for obstructing the implementation of the resolutions of the United Nations, in particular Security Council resolutions 385 (1976), 435 (1978), 439 (1978), 532 ( 1983), 539 ( 1983) and 566 (1985), and for its manoeuvres, in contravention of these resolutions, designed to consolidate its colonial and neo-colonial interests at the expense of the legitimate aspirations of the Namibian people for genuine self determination, freedom and national independence in a united Namibia;

Expresses its dismay at the failure to date of the Security Council to discharge effectively its responsibili ties for the maintenance of peace and security in southern Africa, owing to the vetoes of two of its Western perma nent members;

Urges the Security Council to act decisively in ful filment of the direct responsibility of the United Nations over Namibia and to take, without further delay, appro priate action to ensure that the United Nations plan, as embodied in Council resolution 435 (1978), is not under mined or modified in any way and that it is fully respected and implemented;

Reiterates its conviction that racist South Africa's continued illegal occupation of Namibia, its defiance of the resolutions of the United Nations, its brutal repression of the Namibian people, its acts of destabilization and ag gression against independent African States and its poli cies of apartheid constitute a threat to international peace and security;

Strongly condemns the Pretoria regime for the im position of the so-called interim government in Namibia on 17 June 1985, declares this measure to be null and void and affirms that it constitutes a direct affront and a clear defiance of the resolutions of the Security Council, par ticularly resolutions 435 (1978) and 439 (1978), and fur ther affirms that this manoeuvre by South Africa of creat ing puppet institutions subservient to the interests of the racist regime is intended to consolidate Pretoria's colonial stranglehold over Namibia and to prolong the oppression of the Namibian people;

Denounces all fraudulent constitutional and politi cal schemes by which the illegal racist regime of South Africa attempts to perpetuate its colonial domination of Namibia, and, in particular, calls upon the international community to continue to refrain from according any recognition or extending any co-operation to any regime imposed by the illegal South African administration upon the Namibian people in violation of Security Council reso lutions 385 (1976), 435 (1978), 439 (1978), 532 (1983), 539 ( 1983) and 566 ( 1985) and of other relevant resolutions of the General Assembly and of the Council;

Reaffirms that all such manoeuvres are fraudulent and null and void and that they must be rejected categori cally by all States as called for in the relevant resolutions of the General Assembly and of the Security Council;

Declares that all so-called laws and proclamations issued by the illegal occupation regime in Namibia are ille gal, null and void;

Strongly urges the Security Council to act deci sively against any dilatory manoeuvres and fraudulent schemes of the illegal occupation regime aimed at frustrat ing the legitimate struggle of the Namibian people for self determination and national liberation, under the leader ship of the South West Africa People's Organization;

Reiterates that there are only two parties to the conflict in Namibia, namely, the Namibian people repre sented by the South West Africa People's Organization,

their sole and authentic representative, and the racist regime of South Africa, which illegally occupies Namibia;

Further reiterates that Member States must exert all efforts to counter any manoeuvres by racist South Africa and its allies, aimed at circumventing the United Nations and undermining its primary responsibility for the decolonization of Namibia;

Strongly rejects and condemns the persistent at tempts made by the Pretoria regime and its allies to estab lish a "linkage" between the implementation of Security Council resolution 435 (1978) and extraneous and irrele vant issues, particularly the presence of Cuban forces in Angola, which is a matter to be decided solely by that in dependent and sovereign State;

Declares that such "linkage" is a ploy intended to delay the independence of Namibia and to jeopardize the responsibility of the United Nations for this Territory and constitutes interference in the internal affairs of Angola;

3 1 . Rejects all attempts to distort the question of Na mibia by portraying it as part of a global East-West con frontation rather than one of decolonization which must be resolved in accordance with the provisions of the Charter and the Declaration on the Granting of Indepen dence to Colonial Countries and Peoples;

Firmly condemns and rejects the policy of "con structive engagement", which encourages the racist regime of South Africa to maintain its opposition to the decisions of the international community on Namibia and to continue its apartheid policy, which is a crime against humanity;

Strongly condemns the continuing collaboration between South Africa and certain Western countries in the political, economic, diplomatic, military, cultural and fi nancial fields, and expresses its conviction that such col laboration helps to prolong South Africa's domination and control over the people and Territory of Namibia;

Deplores, in this context, the establishment and op eration by racist South Africa of the so-called Namibia in formation offices in France, the Federal Republic of Ger many, the United Kingdom of Great Britain and Northern Ireland and the United States of America, aimed at legitimizing its puppet institutions in Namibia, in particular the so-called interim government for which the racist regime has been condemned by the Security Council and the international community, and demands their im mediate closure;

Strongly condemns also the sinister and slanderous campaign of disinformation by the racist regime of South Africa and its agents, including the so-called International Society for Human Rights, against the just struggle of the Namibian people for self-determination and national inde pendence;

Notes with appreciation the measures taken by 36. some States, international organizations, parliamentari ans, institutions and non-governmental organizations to exert pressure on the racist regime of South Africa and calls upon them to redouble their efforts to force the racist regime to comply with the resolutions and decisions of the United Nations relating to Namibia and South Africa;

Calls once again upon all Governments, especially those that have close links with South Africa, to support, in co-operation with the United Nations Council for Na mibia, the actions of the United Nations to defend the na tional rights of the Namibian people until independence and to isolate the racist regime of South Africa;

Urges Governments which have in the past used their veto or cast negative votes in the Security Council in regard to the question of the imposition of comprehensive and mandatory sanctions against South Africa to support and respond positively to the international call to isolate racist South Africa;

Calls upon the members of the European Eco nomic Community to strengthen and extend, as a matter of urgency, the economic sanctions which they have im posed against the Pretoria regime, so as to include their application to illegally occupied Namibia;

Calls upon the Government of the Federal Repub lic of Germany, as a measure of its recognition of the di rect responsibility of the United Nations over Namibia and the United Nations Council for Namibia as the sole, legal Administering Authority for the Territory until in dependence, to discontinue all programmes of develop ment aid and assistance to illegally occupied Namibia, and urges all States to consult the United Nations Council for Namibia regarding any assistance, in order to ensure that such assistance will not help to prolong the illegal occupa tion of Namibia by the Pretoria regime and the colonial in stitutions in the Territory;

Strongly condemns South Africa for its military buildup in Namibia, its introduction of compulsory mili tary service for Namibians, its proclamation of a so-called security zone in Namibia, its recruitment and training of Namibians for tribal armies, its use of mercenaries to sup press the Namibian people and to carry out its military at tacks against independent African States and its threats and acts of subversion and aggression against those States, as well as for the forcible displacement of Namibians from their homes;

Strongly condemns South Africa for its imposition of military conscription of all Namibian males between seventeen and fifty-five ye;irs of age into the occupying colonial army, in yet further sinister attempts to suppress the national liberation struggle of the Namibian people and to force Namibians to kill one another, and declares that all measures taken by racist South Africa by which the illegal occupation regime attempts to enforce military conscription of Namibians are illegal, null and void;

Strongly condemns the illegal occupation regime of 43. South Africa for its massive repression of the people of Namibia and their liberation movement, the South West Africa People's Organization, in an attempt to intimidate and terrorize them into submission;

Strongly condemns the recent escalation of violent repression and victimization of Namibian workers by the racist South African regime and by Western transnational corporations operating illegally in Namibia;

Strongly condemns the recent arrests and impris onment of leaders and members of the South West Africa People's Organization and of trade unions by the illegal racist regime of South Africa and calls for the immediate release of those detained or imprisoned;

Demands once again that South Africa immedi ately release all Namibian political prisoners, including all those imprisoned or detained under the so-called internal security laws, martial law or any other arbitrary measures, whether such Namibians have been charged or tried or are being held without charge in Namibia or South Africa;

Demands that South Africa account for all "disap 4 7. peared" Namibians and release any who are still alive, and declares that South Africa shall be liable to compensate the victims, their families and the future lawful Govern ment of an independent Namibia for the losses sustained;

Calls upon Member States and the specialized agencies and other organizations of the United Nations

system to render sustained and increased support, as well as material, financial, military and other assistance, to the South West Africa People's Organization so as to enable it to intensify its struggle for the liberation of Namibia;

Urges all Governments and the specialized agen cies and other intergovernmental organizations to provide increased material assistance to the thousands of Namib ian refugees who have been forced by the oppressive poli cies of the apartheid regime to flee Namibia, especially into the neighbouring front-line States;

Expresses its appreciation to the front-line States 50. and the South West Africa People's Organization for their statesmanlike and constructive attitude in the efforts aimed at implementing Security Council resolution 435 (1978);

Reaffirms its conviction that the solidarity and sup port of the front-line States for the Namibian cause con tinue to be factors of paramount importance in the efforts to bring genuine independence to the Territory;

Strongly condemns the racist regime of South Africa for its utilization of the illegally occupied interna tional Territory of Namibia as a springboard for perpe trating armed invasions, subversion, destabilizaton and aggression against neighbouring African States, in par ticular Angola;

Denounces the acts of aggression by the racist regime, against Angola, Botswana, Mozambique, Zambia and Zimbabwe, declares that the policy of aggression and destabilization pursued by Pretoria not only undermines the peace and stability of the southern African region but also constitutes a threat to international peace and security, and calls upon South Africa to cease all acts of aggression against the neighbouring African States;

Strongly urges the international community to in crease, as a matter of urgency, humanitarian assistance, and financial, material, military and political support to the front-line States so as to enable them to resolve their own economic difficulties, which are largely a conse quence of Pretoria's policies of aggression and subversion, and to defend themselves better against South Africa's persistent attempts to destabilize them;

Requests Member States urgently to extend all necessary assistance to Angola and other front-line States in order to enable them to strengthen their defence capa cities against acts of aggression by South Africa;

Welcomes the establishment of the Action for Re sisting Invasion, Colonialism and Apartheid Fund of the Movement of Non-Aligned Countries for the benefit of the peoples and national liberation movements of southern Africa;

Expresses its satisfaction at the progress made so far with respect to the Fund and appeals to the interna tional community to contribute generously to it;

Expresses its grave concern at the acquisition of nu clǰ-weapbn capability by the racist regime of South Afnca and declares that such acquisition constitutes a threat to peace and security in Africa while posing a dan ger to all mankind;

Condemns and calls for an immediate end to the continuing military collaboration on the part of certain Western countries with the racist regime of South Africa, and expresses its conviction that such collaboration, in ad dition to strengthening the aggressive military machinery of the Pretoria regime, thereby constituting a hostile ac tion against the people of Namibia and the front-line States, is also in violation of the arms embargo imposed General Assembly-Fo rty -seco nd Sessio n

against South Africa under Security Council resolution 418 (1977) of 4 November 1977;

Declares that such collaboration encourages the Pretoria regime in its defiance of the international com munity and obstructs efforts to eliminate apartheid and bring South Africa's illegal occupation of Namibia to an end, and calls for the immediate cessation of such collabo ration;

Calls upon all States to implement fully the arms embargo imposed against South Africa under Security Council resolutions 418 (I 977), and 591 (1986) of 28 November 1986;

Calls upon the Security Council to adopt the neces sary measures to tighten the arms embargo imposed against South Africa under Council resolution 418 ( 1977) and to ensure strict compliance with the embargo by all States;

Further calls upon the Security Council to imple ment, as a matter of urgency, the recommendations con tained in the report of the Security Council Committee es tablished in pursuance of Council resolution 421 (1977) of 9 December 1977;46

Calls upon all States to comply with Security Council resolution 558 (1984) of 1 3 December 1984 and to refrain from importing arms, ammunition of all types and military vehicles produced in South Africa;

Condemns all collaboration with the Pretoria regime in the nuclear field, and calls upon all States that do so to terminate such collaboration, including refraining from supplying the racist minority regime of South Africa, directly or indirectly, with installations, equipment or material that might enable it to produce uranium, plutonium or other nuclear materials or reactors;

Reiterates its call upon all States to take legislative and other appropriate measures to prevent the recruit ment, training, financing and transit of mercenaries for service in Namibia;

Endorses the decision taken by the United Nations Council for Namibia and contained in paragraph 59 of the final document adopted by the Council at its extraordi nary f lenary meetings held at Vienna from 3 to 7 June 1985, 7 that it will, in the exercise of its rights under the United Nations Convention on the Law of the Sea,48 pro claim an exclusive economic zone for Namibia, the outer limit of which shall be 200 miles, and states that any ac tion regarding the implementation of that decision should be taken in consultation with the South West Africa Peo ple's Organization, the representative of the Namibian people;

Reaffirms that the natural resources of Namibia. including its marine resources, are the inviolable heritage of the Namibian people, and expresses its deep concern at the depletion of these resources, particularly its uranium deposits, as a result of their plunder by South Africa and certain Western and other foreign economic interests, in violation of the pertinent resolutions of the General As sembly and of the Security Council, of Decree No. 1 for the Protection of the Natural Resources of Namibia and in disregard of the advisory opinion of the International Court of Justice of 21 June 1971;

Suf{1ement No. 24 (A/40/24), part two, chap. III, sect. A. of the Sea, vol. XVII (United Nations publication, Sales No. E.84.V.J), document A/CONF.62/122.

Declares that all activities of foreign economic in terests in Namibia are illegal under international law and that all the foreign economic interests operating in Na mibia are liable to pay damages to the future legitimate Government of an independent Namibia;

Calls upon the United Nations Council for Na mibia, in pursuance of the relevant provisions of Decree No. l for the Protection of the Natural Resources of Na mibia, to continue to take the necessary steps to compile statistical information on the wealth illegally extracted from Namibia with a view to assessing the extent of com pensation eventually due to an independent Namibia;

Strongly condemns the activities of all foreign eco nomic interests operating in Namibia which are illegally exploiting the resources of the Territory, and demands that these interests comply with all the relevant resolu tions and decisions of the United Nations by immediately withdrawing from the Territory and by putting an end to their co-operation with the illegal South African adminis tration;

Declares that, by their incessant exploitation of the human and natural resources of the Territory and their continued accumulation and repatriation of huge profits, the foreign economic, financial and other interests operat ing in Namibia constitute a major obstacle to its indepen dence;

Once again requests all Member States, particu larly those States whose corporations are engaged in the exploitation of Namibian resources, to take all appropriate measures, including legislative and enforcement action, to ensure the full application of, and compliance by all cor porations and individuals within their jurisdiction with, the provisions of Decree No. l for the Protection of the Natural Resources of Namibia;

Calls upon the Governments of all States, particu larly those whose corporations are involved in the mining and processing of Namibian uranium, to take all appropri ate measures in compliance with resolutions and decisions of the United Nations and Decree No. l for the Protection of the Natural Resources of Namibia, including the prac tice of requiring negative certificates of origin, to prohibit State-owned and other corporations, together with their subsidiaries, from dealing in Namibian uranium and from engaging in any uranium-prospecting activities in Na mibia;

Approves the initiation by the United Nations Council for Namibia of legal proceedings in the domestic courts of States against corporations or individuals in volved in the exploitation, transport, processing or pur chase of Namibia's natural resources, as part of its efforts to give effect to Decree No. l for the Protection of the Natural Resources of Namibia;

Requests the Governments of the Federal Republic of Germany, the Netherlands and the United Kingdom of Great Britain and Northern Ireland, which operate the Urenco uranium-enrichment plant, to have Namibian uranium specifically excluded from the Treaty of Almelo,49 which regulates the activities of Urenco;

Urges the United Nations Council for Namibia, in its capacity as the legal Administering Authority for Na mibia until independence, to consider the promulgation of additional legislation in order to protect and promote the interests of the people of Namibia and to implement effec tively such legislation;

49 United Nations, Treaty Series, vol. 795. No. l l 326.

Calls upon all specialized agencies, in particular the International Monetary Fund, to terminate all col laboration with, and assistance to, the racist regime of South Africa, since such assistance serves to augment the military capability of the Pretoria regime, thus enabling it not only to continue the brutal repression in Namibia and South Africa itself, but also to commit acts of aggression against independent neighbouring States;

Requests all States which have not already done so, pending the imposition of comprehensive and mandatory sanctions against South Africa, to take legislative, ad ministrative and other measures individually and collec tively, as appropriate, in order effectively to isolate South Africa politically, economically, militarily and culturally, in accordance with General Assembly resolutions ES-8/2 and 36/121 B, and its resolution 37/233 A of 20 Decem ber 1982;

Requests the United Nations Council for Namibia, in its implementation of paragraph 15 of General Assem bly resolution ES-8/2 and of the relevant provisions of As sembly resolutions 36/121 B and 37/233 A, to continue to monitor the boycott of South Africa, and to submit to the Assembly at its forty-third session a comprehensive report on all contacts between Member States and South Africa containing an analysis of the information received from Member States and other sources on the continuing politi cal, economic, financial and other relations of States and their economic and other interest groups with South Africa and of measures taken by States to terminate all dealings with the racist regime of South Africa;

8 l. Requests all States to co-operate fully with the United Nations Council for Namibia in the fulfilment of its task concerning the implementation of General Assem bly resolutions ES-8/2, 36/121 B and 37 /233 A and to re-· port to the Secretary-General by the forty-third session of the Assembly on the measures taken by them in the im-· plementation of those resolutions;

Declares that South Africa's defiance of the United Nations, its illegal occupation of the international Terri tory of Namibia, its war of repression against the Namib ian people, its persistent acts of aggression against inde pendent African States, its policies of apartheid and its development of nuclear capability constitute a serious threat to international peace and security;

Strongly urges the Security Council, in view of the persistent refusal by the racist regime of South Africa to comply with the resolutions and decisions of the United Nations on the question of Namibia, particularly Council resolutions 385 (1976), 435 (1978), 539 (1983) and 566 (1985), and, in the light of the serious threat to interna tional peace and security posed by South Africa, to impose comprehensive and mandatory sanctions against that regime as provided for in Chapter VII of the Charter;

Expresses its appreciation to the Secretary-General for his personal commitment to the struggle for the inde pendence of Namibia and for his efforts aimed at the im plementation of resolutions and decisions of the United Nations on the question of Namibia, particularly Security Council resolution 435 (1978), and urges him to continue those efforts;

Requests the Secretary-General to report to the General Assembly at its forty-third session on the im plementation of the present resolution.

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