Security Council resolution 276 (1970) [The Situation in Namibia]

Resolution 276 (1970) of 30 January 1970

The Security Council

Reaffirming the inalienable right of the people of Namibia to freedom and independence recognized in General Assembly resolution 1514 (XV) of 14 December 1960,

Reaffirming General Assembly resolution 2145 (XXI) of 27 October 1966, by which the United Nations decided that the Mandate for South West Africa was terminated and assumed direct responsibility for the Territory until its independence,

Reaffirming Security Council resolution 264 (1969) of 20 March 1969 in which the Council recognized the termination of the Mandate and called upon the Government of South Africa to withdraw immediately its administration from the Territory,

Reaffirming that the extension and enforcement of South African laws in the Territory together with the continued detentions, trials and subsequent sentencing of Namibians by the Government of South Africa constitute illegal acts and flagrant violations of the rights of the Namibians concerned, the Universal Declaration of Human Rights and the International status of the Territory, now under direct United Nations responsibility,

Recalling Security Council resolution 269 (1969) of 12 August 1969,

1. Strongly condemns the refusal of the Government of South Africa to comply with the resolutions of the General Assembly and Security Council pertaining to Namibia;

2. Declares that the continued presence of the South African authorities in Namibia is illegal and that consequently all acts taken by he Government of South Africa on behalf of or concerning Namibia after the termination of the Mandate are illegal and invalid;

3. Declares further that the defiant attitude of the Government of South Africa towards the Council's decisions undermines the authority of the United Nations;

4. Considers that the continued occupation of Namibia by the Government of South Africa in defiance of the relevant United Nations resolutions and of the Charter of the United Nations has grave consequences for the rights and interests of the people of Namibia;

5. Calls upon all States, particularly those which have economic and other interests in Namibia, to refrain from any dealings with the Government of South Africa which are inconsistent with paragraph 2 of the present resolution;

6. Decides to establish, accordance with rule 28 of its provisional rules of procedure, and Ad Hoc Sub-Committee of the Council to study, in consultation with the Secretary-General, ways and means by which the relevant resolutions of the Council, including the present resolution, can be effectively implemented in accordance with the appropriate provisions of the Charter, in the light of the flagrant refusal of South Africa to withdraw from Namibia, and to submit its recommendations by 30 April 1970;

7. Requests all States, as well as the specialized agencies and other relevant organs of the United Nations, to give the Sub-Committee all the information and other assistance it may require in pursuance of the present resolution;

8. Further requests the Secretary-General to give every assistance to the Sub-Committee in the performance of its task;

9. Decides to resume consideration of the question of Namibia as soon as the recommendations of the Sub-Committee have been made available.

Adopted at the 1529th meeting by 13 votes to none, with 2 abstentions (France, United Kingdom of Great Britain and Northern Ireland).

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In connexion with the implementation of the above resolution, the President of the Security Council announced, in notes circulated as Security Council documents, the following measures which had been approved by the Council;

On 30 January 1970, the President issued a note^[1] stating that, after consultations among all the members of the Council, it was decided that the Ad Hoc Sub-Committee established in pursuance of Security Council resolution 276 (1970) would be composed of all the members of the Council.

On 15 May 1970, the President issued a note^[2] stating that, after consultations with all the members of the Council, they had taken note of the interim report^[3] submitted by the Ad Hoc Sub-Committee established in pursuance of Security Council resolution 276 (1970) and it was agreed that the Sub-Committee would continue its work in accordance with its terms of reference in order to be in a position to formulate its recommendations to the Council by the end of June 1970 at the latest.

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1 See Official Records of the Security Council, Twenty-fifth Year, Supplement for January, February and March 1970, document S/9632.

2 Ibid., Supplement for April, May and June 1970, document S/9803.

3 Ibid., document S/9771.