The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation.

1982/16. The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation[1]59

The Commission on Human Rights, Bearing in mind the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights[2]60 and other relevant international instruments relating to human rights, Recalling General Assembly 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 and 35/118 of 11 December 1980, containing the Plan of Action for the Full Implementation of the Declaration, Recalling further General Assembly resolutions 2649 (XXV) of 30 November 1970, 2955 (XXVII) of 12 December 1972, 3070 (XXVIII) of 30 November 1973, 3236 (XXIX) of 22 November 1974, 3246 (XXIX) of 29 November 1974, 3382 (XXX) of 10 November 1975, 33/24 of 29 November 1978, 35/35 of 14 November 1980, 36/68 of 1 December 1981 and 36/76 of 4 December 1981, Recalling also its resolutions 3 (XXXI) of 11 February 1975, 9 (XXXII) of 5 March 1976, 3 (XXXIV) of 14 February 1978, 2 (XXXV) and 3 (XXXV) of 21 February 1979, 5 (XXXVI) of 15 February 1980 and 14 (XXXVII) of 6 March 1981, Recalling Security Council resolutions 405 (1977) of 14 April 1977 and 419 (1977) of 24 November 1977, in which the United Nations denounced the practices of using mercenaries against developing countries and national liberation movements, Deeply conscious of the urgent need for strict observance of the principles of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, as enshrined in the Charter of the United Nations and developed in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,[3]61 Condemning the continued colonialist and racist oppression of millions of Africans, particularly in Namibia, by the racist Government of South Africa through its persistent, illegal occupation of the international territory and its intransigent attitude towards all efforts being made to brine about an internationally acceptable solution to the situation obtaining in the territory, Condemning the racist regime of South Africa for its ruthless exploitation of the people and resources of Namibia, as well as its attempt to destroy the national unity and territorial integrity of Namibia, Condemning the racist regime of South Africa for developing a nuclear capability for military and aggressive purposes, Affirming that Walvis Bay and the offshore islands constitute an integral part of the territory of Namibia, Affirming that "bantustanization" is incompatible with genuine independence, national unity and sovereignty and has the effect of perpetuating the power of the minority and the racist system of apartheid in South Africa, Affirming also that the system of apartheid imposed on the South African people constitute a gross and massive violation of the rights of that people, Reiterating its affirmation on the importance of the effective realization of the right of peoples to self-determination, national sovereignty and territory integrity and of the speedy granting of independence to colonial countries and peoples as imperative for the enjoyment of human rights,

1. Calls upon all States to implement fully and faithfully the resolutions of the United Nations, in particular General Assembly resolution 1514 (XV), and to take all the necessary stops 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. Reaffirms the inalienable right of the people of Namibia to self-determination, freedom and national independence in a united Namibia, including Walvis Bay, and the offshore islands, in accordance with the Charter of the United Nations and as recognized in General Assembly resolutions 1514 (XV) and 2145 (XXI) of 27 October 1966, as well as in subsequent resolutions of the Assembly relating to Namibia, and the legitimacy of their struggle by all means at their disposal, including armed struggle, against the illegal occupation of their territory by South Africa;

3. Reaffirms the legitimacy of the struggle of the oppressed people of South Africa and their national liberation movements by all available means, including armed struggle, for the elimination of the apartheid system and the exercise of the right of self-determination by the people of South Africa as a whole;

4. Strongly condemns the apartheid regime of South Africa for its brutal repression and indiscriminate torture and killing of workers, schoolchildren and other opponents of apartheid and the imposition of death sentences on freedom fighters;

5. Condemns the continued policy of "bantustanization" which is contract to the principle of self-determination and inconsistent with genuine independence and national unity;

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

7. Condemns the continuing activities of foreign economic and other interests which are impeding the implementation of the Declaration contained in General Assembly resolution 1514 (XV) with respect to the colonial territories, particularly Namibia;

8. Demands that South Africa immediately release all people detained or imprisoned as a result of their struggle, for self-determination and independence, and also demands full respect for their fundamental rights and the observance of article 5 of the Universal Declaration of Human Rights, under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment;

9. Declares that the illegal occupation of Namibia by South Africa continues to constitute an act of aggression against the Namibian people and a throat to international peace and security as well as an affront to the United Nations, which has direct responsibility for the territory until independence;

10. Condemns the actions of those States, especially the major trading partners of South Africa which have increased their collaboration in the political, economic and military fields with the racist regime of South Africa, despite repeated appeals by the international community, and the decisions of the United Nations;

11. Reaffirms once again that the practice of using mercenaries against national liberation movements and sovereign States constitutes a criminal act and that the mercenaries themselves are criminals, and calls upon Governments to enact legislation declaring the recruitment, financing and training of mercenaries in their territory, and their transit through it, to be punishable offences, and prohibiting their nationals from serving as mercenaries, and to report on such legislation to the Secretary-General;

12. Expresses deep appreciation of the important work being done by the Ad Hoc Committee towards the elaboration of an international convention against the recruitment, use, financing and training of mercenaries and urges all States to contribute towards the early adoption of such a convention;

13. Reaffirms once again that the continuation of colonialism in all its forms and manifestations, including racism, racial discrimination, apartheid, the exploitation by foreign and other interests of economic and human resources, and the waging of colonial wars to suppress the national liberation movements, is incompatible with the Charter of the United Nations, the Universal Declaration of Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples[4]62 and poses a serious threat to international peace and security;

14. Decides to include in the provisional agenda of its thirty-ninth session the items entitled "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation" and to give it high priority consideration.

[1]59 Adopted at the 38th meeting on 25 February 1982, by a roll-call vote of 32 to 8, with 3 abstentions. See chap. VII. [2]60 General Assembly resolution 217 A (III). [3]61 General Assembly resolution 2625 (XXV). [4]62 General Assembly resolution 1514 (XV).

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