Page:Repertory of Practice of United Nations Organs - Article 73 Supplement No 3 Volume 3.pdf/30

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Article 73
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ably to him on the wishes of the people with regard to the participation of the two territories in the Federation. Subsequently, however, Singapore became an independent State on 9 August 1965 and a Member of the United Nations on 21 September 1965.

205. In certain cases Member States originally transmitting information under Article 73 e ceased to transmit information without any decisions having been taken by the General Assembly or its committees to indicate that the provisions of Chapter XI no longer applied or that the transmission of information should cease. In those cases the United Nations did not participate in the processes which led to the cessation of information.

206. Thus, in resolution 66 (I) of 14 December 1946, the General Assembly noted that information had been transmitted by the Government of the United States concerning conditions in the Panama Canal Zone. On 14 November 1946, the Government of Panama contested the action of the United States on the grounds that the territory could not be considered a Non-Self Governing Territory and that sovereignty over the Canal Zone rested with the Republic of Panama. The Secretary of State of the United States informed the Secretary-General on 27 June 1947 that consequently the United States was not transmitting information on the Panama Canal Zone pending clarification of that question with the Republic of Panama.[1] The matter, however, has not been raised since in the United Nations.

207. With respect to territories under French administration[2] the Government of France ceased to transmit information in 1947 on Guadeloupe, Martinique, French Guiana, Réunion, New Caledonia, the French Establishments in Oceania and St. Pierre and Miquelon; in 1948, on the former Associated States of Indo-China and the former French Establishments in India;[3] in 1956, on Tunisia and Morocco; in 1957, on the territories comprising former French West Africa, former French Equatorial Africa, Madagascar, the Comoro Archipelago [4] and French Somaliland.

208. In effect, that meant that from 1957 information continued to be transmitted by France only in the case of the New Hebrides, a condominium with the United Kingdom.

209. By the end of 1966 the independence of the former Associated States of Indo-China, of Tunisia, Morocco, the territories comprising former French West Africa and former French Equatorial Africa and of Madagascar, had been recognized in the United Nations.

210. With respect to Guadeloupe, Martinique, French Guiana, Réunion, New Caledonia, the French Establishments in Oceania, St. Pierre and Miquelon, the Comoro Archipelago and French Somaliland, it may be recalled[5] that a communication dated 27 March 1959[6] from the Government of France concerning the cessation of information on those territories (as well as on the territories which subsequently became independent), and containing information of a constitutional nature was referred by the Secretary-General, in accordance with the procedures set forth in resolutions 222 (III) and 1051 (XI), to the General Assembly at its fourteenth session.

211. Although several statements were made in the Fourth Committee concerning the communication, no proposals were made, or decisions taken, as to whether the General Assembly still considered that the provisions of Chapter XI continued to apply to the territories or not, or whether the transmission of information should cease.

212. Subsequently, during the period under review, at the eleventh and twelfth sessions of the Committee on Information from Non-Self-Governing Territories in 1960 and 1961, statements were made by certain representatives to the effect that the Government of France was still under an obligation to transmit information under Article 73 e on all its territories until they were fully self-governing. It was stated[7] in 1960 that the progress which the territories in the French Community had made thus far, though commendable, did not constitute a state of affairs that exempted France from the obligation to transmit information. In 1961, it was noted[8] that the French territories in South America had not yet achieved independence and that their status was not clear. Although France had transmitted information on those territories in 1946, it had ceased transmission the next year without any action by the General Assembly. The cessation of information on the territories had not, however, been approved by the General Assembly. The General Assembly by resolution 1541 (XV), had asserted its competence to decide whether or not an obligation existed to transmit information and had adopted twelve principles to be used in that connexion. The status of the French territories should therefore be examined in the light of those principles. Similar statements were made[9] in the Fourth Committee at the sixteenth session of the General Assembly in 1961.

213. In 1963, the question of the obligation of the Government of France to transmit information specifically on the Comoro Archipelago and French Somaliland[10] was raised in the Committee on Information from Non-Self-Governing Territories. It was stated[11] that the territories had not attained a full measure

  1. ↑ A/AC.35/L.371, (mimeographed), annex p. 32.
  2. ↑ In originally transmitting information under Article 73 e, the Government of France stated that it was without prejudice to the future status of the territories.
  3. ↑ The former French Establishments in India comprising Chandernagore, Pondicherry, Karikal, Mahé and Yanaon were united with and became an integral part of India. The settlement of Chandernagore was incorporated into India on 9 June 1952. The other four settlements were formally ceded by treaty on 28 May 1956 (see A/AC.35/L.371 (mimeographed) ,annex, p. 11).
  4. ↑ The Comoro Archipelago was not specifically listed in resolution 66 (1 ) but included in the Dependencies of Madagascar.
  5. ↑ See Repertory Supplement No. 2, vol. Ill, under Article 73, paras. 103-104.
  6. ↑ G A (XIV), Annexes, a.i. 36, A/4096 and Add.l.
  7. ↑ G A (XV), Suppl. No. 15, part I, para. 103: Ghana.
  8. ↑ G A (XVI), Suppl. No. 15, part I, para. 77: Mexico, supported by Argentina, India and Liberia, para. 79.
  9. ↑ G A (XVI), 4th Com., 1190th mtg.: Brazil, para. 16; 1191st mtg.: India, para. 3; Liberia, para. 18; United Arab Republic, para. 28; Yugoslavia, para. 35.
  10. ↑ See also paras. 378-383 below.
  11. ↑ G A (XVIII), Suppl. No. 14, part I, Liberia, paras. 19 and 104.

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