Factors which should be taken into account in deciding whether a Territory is or is not a Territory whose people have not yet attained a full measure of self-government

VII. RESOLUTIONS ADOPTED ON THE REPORTS OF THE FOURTH COMMITTEE
648. Factors which should be taken into account in deciding whether a Territory is or is not a Territory whose people have not yet attained a full measure of self-government

The General Assembly, Taking into account the obligation to transmit information, accepted in virtue of Article 73 e of the Charter, by the Members which have or assume responsibilities for the administration of Territories whose peoples have not yet attained a full measure of self-government, Taking into account that this obligation remains in force with regard to each Territory until such time as the objectives of Chapter XI of the Charter are fulfilled, Taking into account the statement contained in resolution 222 (III), adopted by the General Assembly on 3 November 1948, to the effect that it is essential for the United Nations to be informed of any change that may take place in the constitutional status of any Non-Self-Governing Territory, and that, not later than six months after the submission of the aforesaid information, such information as may be required in such cases should be communicated, including information about the constitution, legislative acts or executive orders regarding the government of the Territory as well as about the constitutional relationship of the Territory to the government of the metropolitan country, Having examined the report[1] of the Ad Hoc Committee on Factors (Non-Self-Governing Territories). Recognizing that, in deciding whether a Territory has or has not attained a full measure of self-government, an enumeration of factors would be a useful guide both for the General Assembly and for the Administering Member concerned, Having regard to its resolution 567 (VI) of 18 January 1952,

1. Approves provisionally the annexed list of factors which may serve as a guide, both for the General Assembly and for the Members of the United Nations which have or assume responsibilities for the administration of Non-Self-Governing Territories, in deciding whether a Territory has or has not attained a full measure of self-government;

2. Recognizes that each concrete case should be considered and decided in the light of the particular circumstances of that case and taking into account the right of self-determination of peoples;

3. Declares that the factors, while serving as a guide in determining whether the obligations as set forth in Article 73 e of the Charter still exist, should in no way be interpreted as a hindrance to the attainment of a full measure of self-government by the Non-Self-Governing Territories;

4. Further declares that, for a Territory to be deemed self-governing in economic, social or educational affairs it is essential that its people shall have attained a full measure of self-government as referred to in Chapter XI of the Charter;

5. Recommends that, provisionally, the annexed list of factors should be taken into account in any case which the General Assembly examines resulting from any communication received by the Secretary-General in virtue of General Assembly resolution 222 (III) concerning the cessation of the transmission of information under Article 73 e of the Charter, or in relation to other questions that may arise concerning the existence of an obligation to transmit information under this Article;

6. Decides to set up a new Ad Hoc Committee of ten Members, consisting of Australia, Belgium, Burma, Cuba, Guatemala, Iraq, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America and Venezuela, with instructions to continue and carry out a more thorough study of the factors which will have to be taken into account in deciding whether a Territory has or has not attained a full measure of self-government;

7. Invites the said Committee to take into account, inter alia, the list[2] of factors prepared in 1952 by the Ad Hoc Committee set up under General Assembly resolution 567 (VI) and the statements transmitted by governments in compliance with the aforementioned resolution and, further, to take into account the following additional elements:

(a) The possibility of defining the concept of a full measure of self-government for the purposes of Chapter XI of the Charter;

(b) The features guaranteeing the principle of the self-determination of peoples in relation to Chapter XI of the Charter;

(c) The manifestation of the freely expressed will of the peoples in relation to the determination of their national and international status for the purposes of Chapter XI of the Charter;

8. Invites all Members of the United Nations to transmit in writing to the Secretary-General, by 1 May 1953, a statement of the views of their governments on the subjects contained in the terms of reference of the Committee;

9. Requests the Secretary-General to convene the Ad Hoc Committee so that it may begin its work not later than four weeks before the opening of the 1953 session of the Committee on Information from Non-Self-Governing Territories.

402nd plenary meeting,
10 December 1952.

ANNEX

Factors indicative of the attainment of independence or of other separate systems of self-government

FIRST PART Factors indicative of the attainment of independence

A. International status

1. International responsibility. Full international responsibility of the territory for the acts inherent in the exercise of its external sovereignty and for the corresponding acts in the administration of its internal affairs.

2. Eligibility for membership in the United Nations.

3. General international relations. Power to enter into direct relations of every kind with other governments and with international institutions and to negotiate, sign and ratify international instruments.

4. National defence. Freedom of the territory to enter into arrangements concerning its national defence.

B. Internal self-government

1. Form of government. Complete freedom of the people of the territory to choose the form of government which they desire.

2. Territorial government. Freedom from control or interference by the government of another State in respect of the internal government (legislature, executive, judiciary) and administration of the Territory.

3. Economic, social and cultural jurisdiction. Complete autonomy in respect of economic, social and cultural affairs.

SECOND PART Factors indicative of the attainment of other separate systems of self-government

A. General

1. Political advancement. Political advancement of the population sufficient to enable them to decide upon the future destiny of the territory with due knowledge.

2. Opinion of the population. The opinion of the population of the territory, freely expressed by informed and democratic processes, as to the status or change in status which they desire.

3. Voluntary limitation of sovereignty. Degree to which the sovereignty of the territory is limited by its own free will when that territory has attained a separate system of self-government.

B. International status

1. General international relations. Degree or extent to which the territory exercises the power to enter freely into direct relations of every kind with other governments and with international institutions and to negotiate, sign and ratify international instruments freely.

2. Eligibility for membership in the United Nations.

C. Internal self-government

1. Territorial government. Nature and measure of control or interference, if any, by the government of another State in respect of the internal government, for example, in respect of the following:

Legislature: The enactment of laws for the territory by an indigenous body whether fully elected by free and democratic processes or lawfully constituted in a manner receiving the free consent of the population;

Executive: The selection of members of the executive branch of the government by the competent authority in the territory receiving consent of the indigenous population, whether that authority is hereditary or elected, having regard also to the nature and measure of control, if any, by an outside agency on that authority, whether directly or indirectly exercised in the constitution and conduct of the executive branch of the government;

Judiciary: The establishment of courts of law and the selection of judges.

2. Participation of the population. Effective participation of the population in the government of tile territory: (a) Is there an adequate and appropriate electoral and representative system? (b) Is this electoral system conducted without direct or indirect interference from a foreign government?[3]a

3. Economic, social and cultural jurisdiction. Degree of autonomy in respect of economic, social and cultural affairs, as illustrated by the degree of freedom from economic pressure as exercised, for example, by a foreign minority group which, by virtue of the help of a foreign Power, has acquired a privileged economic status prejudicial to the general economic interest of the people of the territory; and by the degree of freedom and lack of discrimination against the indigenous population of the territory in social legislation and social developments.

Factors indicative of the free association of a territory with other component Parts of the metropolitan or other country

A. General

1. Political advancement. Political advancement of the population sufficient to enable them to decide upon the future destiny of the territory with due knowledge.

2. Opinion of the population. The opinion of the population of the territory, freely expressed by informed and democratic processes, as to the status or change in status which they desire.

3. Geographical considerations. Extent to which the relations of the territory with the capital of the central government may be affected by circumstances arising out of their respective geographical positions, such as separation by land, sea or other natural obstacles.

4. Ethnic and cultural considerations. Extent to which the population are of different race, language or religion or have a distinct cultural heritage, interests or aspirations, distinguishing them from the peoples of the country with which they freely associate themselves.

5. Constitutional considerations. Association (a) by virtue of the constitution of the metropolitan country; or (b) by virtue of a treaty or bilateral agreement affecting the status of the territory, taking into account (i) whether the constitutional guarantees extend equally to the associated territory, (ii) whether there are powers in certain matters constitutionally reserved to the territory or to the central authority, and (iii) whether there is provision for the participation of the territory on a basis of equality in any changes in the constitutional system of the State.

B. Status

1. Legislative representation. Representation without discrimination in the central legislative organs on the same basis as other inhabitants and regions.

2. Citizenship. Citizenship without discrimination on the same basis as other inhabitants.

3. Government officials. Eligibility of officials from the territory to all public offices of the central authority, by appointment or election, on the same basis as those from other parts of the country.

C. Internal constitutional conditions

1. Suffrage. Universal and equal suffrage, and free periodic elections, characterized by an absence of undue influence over and coercion of the voter or of the imposition of disabilities on particular political parties.[4]b

2. Local rights and status. In a unitary system equal rights and status for the inhabitants and local bodies of the territory as enjoyed by inhabitants and local bodies of other parts of the country; in a federal system an identical degree of self-government for the inhabitants and local bodies of all parts of the federation.

3. Local officials. Appointment or election of officials in the territory on the same basis as those in other parts of the country.

4. Internal legislation. Local self-government of the same scope and under the same conditions as enjoyed by other parts of the country.

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[1] See document A/2178. [2] Ibid. [3]a For example, the following questions would be relevant:
(i) Has each adult inhabitant equal power (subject to special safeguards for minorities) to determine the character of the government of the territory?
(ii) Is this power exercised freely, i.e. is there an absence of undue influence over and coercion of the voter and of the imposition of disabilities on particular political parties? Some tests which can be used in the application of this factor are as follows:
(a) The existence of effective measures to ensure the democratic expression of the will of the people;
(b) The existence of more than one political party in the territory;
(c) The existence of a secret ballot;
(d) The existence of legal prohibitions on the exercise of undemocratic practices in the course of elections;
(e) The existence for the individual elector of a choice between candidates of differing political parties;
(f) The absence of "martial law" and similar measures at election times;
(iii) Is each individual free to express his political opinions, to support or oppose any political party or cause, and to criticize the government of the day? [4]b For example, the following tests would be relevant:
(a) The existence of effective measures to ensure the democratic expression of the will of the people;
(b) The existence of more than one political party in the territory;
(c) The existence of a secret ballot;
(d) The existence of legal prohibitions on the exercise of undemocratic practices in the course of elections;
(e) The existence for the individual elector of a choice between candidates of differing political parties;
(f) The absence of "martial law" and similar measures at election times;
(g) Freedom of each individual to express his political opinions, to support or oppose any political party or cause, and to criticize the government of the day.