Petitions and related communications from Mr. Hosea Kutako, Mr. David Roos and Mr. Erastus Amgabeb concerning South West Africa

X. RESOLUTIONS ADOPTED ON THE REPORTS OF THE FOURTH COMMITTEE
936. Petitions and related communications from Mr. Hosea Kutako, Mr. David Roos and Mr. Erastus Amgabeb concerning South West Africa

The General Assembly, Having accepted the advisory opinion[1]1of 11 July 1950 of the International Court of justice on the question of South West Africa, including the opinion that petitions concerning the Territory of South West Africa are to be transmitted by the Government of the Union of South Africa "to the General Assembly of the United Nations, which is legally qualified to deal with them", Having authorized the Committee on South West Africa, by General Assembly resolution 749 A (VIII) of 28 November 1953, to examine petitions in accordance with the Mandates procedure of the League of Nations, Having received a report from the Committee on South West Africa dealing with a petition, dated 2 September 1954, from Mr. Hosea Kutako, Mr. David Roos and Mr. Erastus Amgabeb, and a related petition, dated 14 January 1955 from Mr. Hosea Kutako[2] Noting that the petitioners request that the United Nations submit the question of the status of South West Africa to the International Court of justice for its compulsory jurisdiction, Noting further that the petitioners raise questions relating to the participation of the African people of the Territory in the political development of the Territory, the application of pass laws and racially discriminatory laws, educational facilities, and the alleged refusal on the part of the Administration to permit common meetings for all tribes,

1. Decides to inform the petitioners that according to the advisory opinion of 11 July 1950 of the International Court of justice:

(a) "South West Africa is a territory under the international Mandate assumed by the Union of South Africa on December 17th, 1920";

(b) "...the Union of South Africa continues to have the international obligations stated in Article 22 of the Covenant of the League of Nations and in the Mandate for South West Africa";

(c) ". . competence to determine and modify the international status of the Territory [of South West Africa] rests with the Union of South Africa acting with the consent of the United Nations";

and that the General Assembly, by its resolution 449 A (V) of 13 December 1950, accepted the advisory opinion of the International Court of justice on the question of South West Africa;

Noting the observations of the Committee on South West Africa with respect to questions raised by the petitioners relating to conditions in the Territory of South West Africa,

2. Decides to transmit to the petitioners the report and observations[3]3made by the Committee on South West Africa at its second session regarding conditions in the Territory of South West Africa.

550th plenary meeting,
3 December 1955.

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[1] International status of South-West Africa, Advisory Opinion: I.C.J. Reports 1950, p. 128. [2] Official Records of the General Assembly, Tenth Session, Supplement No. 12 (A/2913), chap. VIII and annex VII [3] Ibid., annex II.