Question of Namibia Resolutions

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A Resolution of the General Assembly, under agenda item 29Question 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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What does this mandate say?

67 operative paragraphs

A

Approves the report of the United Nations Council for Namibia;60 2.

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

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and in subsequent resolutions of the Assembly relating to Namibia;

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 3314 (XXIX) of 14 December 1974, and supports the legitimate struggle of the Namibian people by all means at their disposal, un der the leadership of the South West Africa People's Or ganization, to repel South Africa's aggression and to achieve self-determination, freedom and national indepen dence in a united Namibia;

Declares also that the liberation struggle in Namibia is a conflict of an international character in terms of article 1, paragraph 4, of Additional Protocol 169 to the Geneva Conventions of 12 August 1949,70 and demands that South Africa accord prisoner-of-war status·to all captured freedom fighters as called for by the Geneva Convention relative to the Treatment of Prisoners of War71 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-

63 See Official Records of the Security Council, Forty-second Year, 2755th to 2759th meetings.

64 A/42/178-S/18753, annexes I and II.

65 See A/43/667-S/20212, annex.

66 See A/ AC.131/292.

67 See A/ AC.131/279.

68 A/ AC.131/294.

69 A/32/144, annex I.

70 United Nations, Treaty Series, vol. 75, Nos. 970 973.

tional independence are achieved in the Territory and reaffirms the mandate of the United Nations Council for Namibia as the legal Administering Authority for Na mibia until independence under its resolution 2248 (S-V) and subsequent resolutions of the General Assembly;

Reaffirms its decision that the United Nations Council for Namibia, in pursuance of its mandate, should proceed to establish its administration in Namibia with a view to terminating racist South Africa's illegal occupa tion of the Territory;

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 and only with its direct and full participa tion can the genuine independence of Namibia be achieved;

Solemnly reaffirms that Namibia's independence must be with its territorial integrity intact, including Walvis Bay, the Penguin Islands and other offshore is lands, and reiterates that, in accordance with the resolu tions of the United Nations, 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;

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 sacrifces that it has made in the feld of battle and also for the spirit of states manship, co-operation and far-sightedness that it has dis played in the political and diplomatic arena despite the most extreme provocations on the part of the racist Preto ria regime;

Commends the South West Africa People's Organ ization for its continued intensifcation 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, as clearly demonstrated by the combined actions of workers, youth, students, parents, churches and various professional organizations during this critical phase of their struggle for national and social liberation;

Reaffirms that the United Nations plan for the in dependence of Namibia, embodied in Security Council resolutions 385 (1976) of 30 January 1976 and 435 (1978) of 29 September 1978, is the only internationally accepted basis for a peaceful settlement of the Namibian question and demands its immediate implementation without pre condition or modification;

Strongly condemns South Africa for obstructing the implementation of the resolutions of the United Na tions,

in particular Security Council resolutions 385 (1976), 435 (1978), 439 (1978) of 13 November 1978, 532 (1983) of 31 May 1983, 539 (1983) of 28 October 1983, 566 (1985) of 19 June 1985 and 601 (1987), and for its manoeuvres, in contravention of these resolutions, de signed to consolidate its colonial and neo-colonial in terests 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 responsibilities 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 defance 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;

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 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 resolutions 385 (1976), 435 (1978), 439 (1978), 532 (1983), 539 (1983), 566 (1985) and 601 (1987) and of other relevant resolu tions of the General Assembly and of the Council;

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

Reiterates that there are only two parties to the confict 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;

Strongly rejects and condemns the persistent at tempts made by the Pretoria regime and its ally 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 ploy intended to delay the indepen dence of Namibia and to jeopardize the responsibility of the United Nations for this Territory and constitutes in terference in the internal affairs of that independent and sovereign State;

Expresses its appreciation to the front-line States 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);

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 that must be

resolved in accordance with the provisions of the Charter and the Declaration on the Granting of Independence to Colonial Countries and Peoples;

Firmly condemns and rejects the policy of "con structive engagement", which encourages the racist regime of South Africa to continue its defiance of the deci-

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sions of the international community on Namibia, and its policy of apartheid, which is a crime against humanity;

Strongly condemns the continuing collaboration between South Africa and certain Wes tern and other States in the political, economic, diplomatic, military, cul tural and financial fields, and expresses its conviction that such collaboration helps to prolong South Africa's domi nation and control over the people and Territory of Na mibia;

Deplores, in this context, the establishment and op 26. 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 27. 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 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 and intensify 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 29. 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 that have in the past used 30. 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 31. nomic Community to strengthen and extend, as a matter of urgency, the economic sanctions that they have im posed on the Pretoria regime, so as to include their ap plication to illegally occupied Namibia;

Calls upon the Government of the Federal Repub 32. 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 le gal Administering Authority for the Territory until inde pendence, to discontinue all programmes of development aid and assistance to illegally occupied Namibia, and urges all States to consult the United Nations Council for Namibia regarding any such assistance, in order to ensure that it will not prolong the illegal occupation of Namibia by the Pretoria regime and the colonial institutions in the Territory;

Strongly condemns South Africa for its use of mercenaries to suppress the Namibian people and to carry out its military attacks against independent African States, and reiterates its call upon all States to take legisla tive and other appropriate measures to prohibit the re ---------------------------------------------------------------- ~-

cruitment, training, financing and transit of mercenaries for service in Namibia;

Also strongly condemns South Africa for its mili tary buildup in Namibia, its imposition of military con scription of all Namibian males between seventeen and fifty-fve years of age into the occupying colonial army, its forcible displacement of Namibians from their homes and its proclamation of a so-called security zone in Namibia, and declares that all such measures taken by racist South Africa are illegal, null and void;

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 36. peared" Namibians and declares that South Africa shall be liable to compensate the victims, their families and the future lawful Government of an independent Namibia for the losses sustained;

Calls upon Member States to render sustained and 37. 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;

Calls upon the specialized agencies and other orga 38. nizations of the United Nations system to render sustained and increased material, fnancial and other assistance to the South West Africa People's Organization so as to en able it to intensify its struggle for the liberation of Na mibia;

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;

Reaffirms its conviction that the solidarity and sup 40. 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 41. Africa for its utilization of the illegally occupied interna tional Territory of Namibia as a springboard for perpe trating armed invasions, subversion, destabilization 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 Pretoria regime's policy of aggression and destabilization 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 43. 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 the Pretoria regime'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 44. 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;

Expresses its grave concern at the acquisition of nu clear-weapon capability by the racist regime of South Africa 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 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 the Security Council to adopt the neces sary measures to tighten the arms embargo imposed against South Africa under Council resolution 418 (1977), to ensure its application to illegally occupied Namibia and to ensure strict compliance with the embargo by all States;

Also calls upon the Security Council to implement, as a matter of urgency, the recommendations contained in the report of the Security Council Committee established in pursuance of Council resolution 421 (1977) of9 Decem ber 1977;72 50.

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;

Endorses the decision taken by the United Nations Council for Namibia73 that it will, in the exercise of its rights under the United Nations Convention on the Law of the Sea,34 proclaim an exclusive economic zone for Na mibia, the outer limit of which shall be 200 miles, and states that any action for the implementation of that deci sion should be taken in consultation with the South West Africa People'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 Naıibian 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 cĲrtai!) Western and other foreign economic interests, in v10lation of the pertinent resolutions of the General As sembly and of the Security Council, of Decree No. I for the Protection of the Natural Resources of Namibia,74 enacted by the United Nations Council for Namibia on ĳ7 September 1974! and in disregard of the advisory opin ion of the International Court of Justice of 21 June 1971;

72 Official Records of the Security Council, Thirty-fifth Year, Sufrtement Joģ July, August and September 1980, document S/14179.

See Official Records of the General Assembly, Fortieth Session, Sufj1ement No. 24 (A/40/24), para. 513.

Ibid., Thirty-fifth Session, Supplement No. 24 (A/35/24), vol. I, annex II.

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 profts, 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. 1 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. 1 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;

Reiterates its approval of the initiation by the United Nations Council for Namibia of legal proceedings in the domestic courts of States against corporations or in dividuals involved in the exploitation, transport, process ing or purchase 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,75 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 '.1dditional legislation in order to protect and promote the mterests of the people of Namibia and to implement effec tively all its legislation;

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Calls upon all specialized agencies, in particular the International Monetary Fund, to ensure the termina tion of all collaboration 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 that 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-fourth session a comprehensive re port 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 political, 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;

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-fourth session of the Assembly on the measures taken by them in the im plementation of those resolutions;

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 Namibia's independence and for his efforts aimed at the implementation of resolu tions 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-fourth session on the im plementation of the present resolution.

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Question of Namibia Resolutions

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A

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