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United Nations General Assembly Resolution 41 (41)

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United Nations
A/RES/41 (41)

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General Assembly


Distr.: General
2 December 1986

ORIGINAL:

ENGLISH


92nd plenary meeting



Resolution adopted by the General Assembly on 2 December 1986

[Adopted by the General Assembly at its Forty-first session, Ninety-second plenary meeting, on 2 December 1986 (Resolution No. 41) (41)]


41(41)Implementation of the Declaration on the Granting
of Independence to Colonial Countries and Peoples



A


The General Assembly,

Recalling its resolution 66 (I) of 14 December 1946, in which the General Assembly noted that information had been transmitted by Member States regarding Non-Self-Governing Territories, including information transmitted by the Government of France on New Caledonia and Dependencies, under Article 73e of the Charter of the United Nations,

Aware that the Government of France has not transmitted any further information regarding New Caledonia and Dependencies since 1946,

Recalling its resolution 1514 (XV) of 14 December 1960 containing the Declaration on the Granting of Independence to Colonial Countries and Peoples,

Recalling its resolution 1541 (XV) of 15 December 1960, the annex to which contains the principles which should guide Members in determining whether or not an obligation exists to transmit the information called for under Article 73e of the Charter,

Noting the decision of the Heads of Government of the member States of the South Pacific Forum, taken at their meeting held at Suva from 8 to 11 August 1986, to seek the reinscription of New Caledonia on the United Nations list of Non-Self-Governing Territories,[1]

Noting also the decision of the Eighth Conference on Heads of State or Government of Non-Aligned Countries, held at Harare from 1 to 6 September 1986, whereby the heads of State or Government strongly urged the General Assembly, at its forty-first session, to reinscribe New Caledonia on the list of Non-Self-Governing Territories and agreed to act together in pursuing this objective,[2]

1. Considers that, in the light of the provisions of Chapter XI of the Charter of the United Nations and General Assembly resolutions 1514 (XV) and 1541 (XV), New Caledonia is a Non-Self-Governing Territory within the meaning of the Charter;

2. Declares that an obligation exists on the part of the Government of France to transmit information on New Caledonia under Chapter XI of the Charter and requests the Government of France to transmit to the Secretary-General such information as is called for under Chapter XI and in the related decisions of the General Assembly;

3. Affirms the inalienable right of the people of New Caledonia to self-determination and independence in accordance with resolution 1514 (XV);

4. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to consider the question of New Caledonia at its next session and to report thereon to the General Assembly at its forty-second session;

5. Requests the Government of France, as the Administering Power concerned, to extend its co-operation to the Special Committee in the implementation of the present resolution.


Ninety-second plenary meeting,
2 December 1986







B



The General Assembly,

Having examined the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples [3]

Recalling its resolutions 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, 2621 (XXV) of 12 October 1970, containing the programme of action for the full implementation of the Declaration, 35/118 of 11 December 1980, the annex to which contains the Plan of Action for the Full Implementation of the Declaration, as well as 40/56 of 2 December 1985 on the twenty-fifth anniversary of the Declaration,

Recalling all its previous resolutions concerning the implementation of the Declaration, in particular resolution 40/57 of 2 December 1985, as well as the relevant resolutions of the Security Council,

Recalling its resolution S-14/1 of 20 September 1986 on the question of Namibia and taking into account the Declaration adopted by the World Conference on Sanctions against Racist South Africa, as well as the Declaration of the International Conference for the Immediate Independence of Namibia and the Programme of Action on Namibia, adopted by the Conference,

Condemning the continued colonialist and racist repression of Africans, particularly in Namibia, by the Government of South Africa through its persistent, illegal occupation of the international Territory, and its intransigent attitude towards all efforts being made to bring about an internationally acceptable solution to the situation obtaining in the Territory,

Deeply conscious of the urgent need to take all necessary measures to eliminate forthwith the last vestiges of colonialism, particularly in respect of Namibia where desperate attempts by South Africa to perpetuate its illegal occupation have brought untold suffering and bloodshed to the people,

Strongly condemning the policies of those States which, in defiance of the relevant resolutions of the United Nations, have continued to collaborate with the Government of South Africa in its domination of the people of Namibia,

Reiterating its conviction that the total eradication of racial discrimination, apartheid and violations of the basic human rights of the peoples of colonial Territories will be achieved most expeditiously by the faithful and complete implementation of the Declaration, particularly in Namibia, and by the speediest possible complete elimination of the presence of the illegal occupying regime therefrom,

Conscious that the success of the national liberation struggle and the resultant international situation have provided the international community with a unique opportunity to make a decisive contribution towards the total elimination of colonialism in all its forms and manifestations in Africa,

Noting with satisfaction the work accomplished by the Special Committee with a view to securing the effective and complete implementation of the Declaration and the other relevant resolutions of the United Nations,

Noting also with satisfaction the co-operation and active participation of the administering Powers concerned in the relevant work of the Special Committee, as well as their continued readiness to receive United Nations visiting missions in the Territories under their administration,

Expressing its regret at the decision of the Government of the United Kingdom of Great Britain and Northern Ireland not to take part in the related work of the Special Committee and noting with concern the negative impact which the non-participation of the United Kingdom has had on the work of the Special Committee, depriving it of an important source of information on the Territories under the administration of the United Kingdom,

Keenly aware of the pressing need of the newly independent and emerging States for assistance from the United Nations and its system of organizations in the economic, social and other fields,

1. Reaffirms its resolution 1514 (XV) and all other resolutions on decolonization and calls upon the administering Powers, in accordance with those resolutions, to take all necessary steps to enable the dependent peoples of the Territories concerned to exercise fully and without further delay their inalienable right to self-determination and independence;

2. Affirms once again that the continuation of colonialism in all its forms and manifestations - including racism, apartheid, those activities of foreign economic and other interests contrary to the Charter of the United Nations and the Declaration on the Granting of Independence to Colonial Countries and Peoples, as well as the violations of the right to self-determination and basic human rights of the peoples of colonial Territories and continuous policies and practices to suppress legitimate national liberation movements - is incompatible with the Charter, the Universal Declaration of Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples and poses a serious threat to international peace and security;

3. Reaffirms its determination to take all necessary steps with a view to the complete and speedy eradication of colonialism and to the faithful and strict observance by all States of the relevant provisions of the Charter, the Declaration on the Granting of Independence to Colonial Countries and Peoples and the guiding principles of the Universal Declaration of Human Rights;

4. Affirms once again its recognition of the legitimacy of the struggle of the peoples under colonial and alien domination to exercise their right to self-determination and independence by all the necessary means at their disposal;

5. Approves the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples covering its work during 1986, including the programme of work envisaged for 1987;[4]

6. Calls upon all States, in particular the administering Powers, as well as the specialized agencies and other organizations of the United Nations system within their respective spheres of competence, to give effect to the recommendations contained in the report of the Special Committee for the speedy implementation of the Declaration contained in General Assembly resolution 1514 (XV) and other relevant resolutions of the United Nations;

7. Condemns the continuing activities of foreign economic and other interests which are impeding the implementation of the Declaration with respect to the colonial Territories, particularly Namibia;

8. Strongly condemns all collaboration, particularly in the nuclear and military fields, with the Government of South Africa and calls upon the States concerned to cease forthwith all such collaboration;

9. Requests all States, directly and through their action in the specialized agencies and other organizations of the United Nations system, to withhold assistance of any kind from the Government of South Africa until the inalienable right of the people of Namibia to self-determination and independence within a united and integrated Namibia, including Walvis Bay, has been restored, and to refrain from taking any action which might imply recognition of the legitimacy of the illegal occupation of Namibia by that regime;

10. Calls upon the colonial Powers to withdraw immediately and unconditionally their military bases and installations from colonial Territories, to refrain from establishing new ones and not to involve those Territories in any offensive acts or interference against other States;

11. Urges all States, directly and through their action in the specialized agencies and other organizations of the United Nations system, to provide all moral and material assistance to the oppressed people of Namibia and, in respect of the other Territories, requests the administering Powers, in consultation with the Governments of the Territories under their administration, to take steps to enlist and make effective use of all possible assistance, on both a bilateral and a multilateral basis, in the strengthening of the economies of those Territories;

12. Requests the Special Committee to continue to seek suitable means for the immediate and full implementation of General Assembly resolution 1514 (XV) in all Territories that have not yet attained independence and, in particular:

(a) To formulate specific proposals for the elimination of the remaining manifestations of colonialism and to report thereon to the General Assembly at its forty-second session;

(b) To make concrete suggestions which could assist the Security Council in considering appropriate measures under the Charter with regard to developments in colonial Territories that are likely to pose a threat to international peace and security;

(c) To continue to examine the compliance of Member States with resolution 1514 (XV) and other relevant resolutions on decolonization, particularly those relating to Namibia;

(d) To continue to pay special attention to the small Territories, in particular through the dispatch of visiting missions to those Territories whenever the Special Committee deems it appropriate, and to recommend to the General Assembly the most suitable steps to be taken to enable the populationsof those Territories to exercise their right to self-determination and independence;

(e) To take all necessary steps to enlist world-wide support among Governments, as well as national and international organizations having a special interest in decolonization, for the achievement of the objectives of the Declaration and the implementation of the relevant resolutions of the United Nations, particularly as concerns the oppressed people of Namibia;

13. Calls upon the administering Powers to continue to co-operate with the Special Committee in the discharge of its mandate and to permit the access of visiting missions to the Territories to secure first-hand information and ascertain the wishes and aspirations of their inhabitants and, in particular, urges the Government of the United Kingdom to resume its participation in the work of the Special Committee at its 1987 session;

14. Requests the Secretary-General and the specialized agencies and other organizations of the United Nations system to provide or continue to provide to the newly independent and emerging States all possible assistance in the economic, social and other fields;

15. Requests the Secretary-General to provide the Special Committee with the facilities and services required for the implementation of the present resolution, as well as of the various resolutions and decisions on decolonization adopted by the General Assembly and the Special Committee.



Ninety-second plenary meeting,
2 December 1986








  1. A/41/668
  2. See A/41/697-S/18392, annex, sect. I, paras 151 and 152
  3. Official Records of the General Assembly, Forty-first Session, Supplement No. 23 (A/41/23)
  4. Ibid., chap. I, sect. J



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