Question of South West Africa

XXI. RESOLUTIONS ADOPTED WITHOUT REFERENCE TO A MAIN COMMITTEE
2145. Question of South West Africa

The General Assembly, Reaffirming the inalienable right of the people of South West Africa to freedom and independence in accordance with the Charter of the United Nations, General Assembly resolution 1514 (XV) of 14 December 1960 and earlier Assembly resolutions concerning the Mandated Territory of South West Africa, Recalling the advisory opinion of the International Court of justice of 11 July 1950,[1] accepted by the General Assembly in its resolution 449 A (V) of 13 December 1950, and the advisory opinions of 7 June 1955[2] and 1 June 1956[3] as well as the judgement of 21 December 1962,[4] which have established the fact that South Africa continues to have obligations under the Mandate which was entrusted to it on 17 December 1920 and that the United Nations as the successor to the League of Nations has supervisory powers in respect of South West Africa, Gravely concerned at the situation in the Mandated Territory, which has seriously deteriorated following the judgement of the International Court of justice of 18 July 1966,[5] Having studied the reports of the various committees which had been established to exercise the supervisory functions of the United Nations over the administration of the Mandated Territory of South West Africa, Convinced that the administration of the Mandated Territory by South Africa has been conducted in a manner contrary to the Mandate, the Charter of the United Nations and the Universal Declaration of Human Rights, Reaffirming its resolution 2074 (XX) of 17 December 1965, in particular paragraph 4 thereof which condemned the policies of apartheid and racial discrimination practised by the Government of South Africa in South West Africa as constituting a crime against humanity, Emphasizing that the problem of South West Africa is an issue falling within the terms of General Assembly resolution 1514 (XV), Considering that all the efforts of the United Nations to induce the Government of South Africa to fulfil its obligations in respect of the administration of the Mandated Territory and to ensure the well-being and security of the indigenous inhabitants have been of no avail, Mindful of the obligations of the United Nations towards the people of South West Africa, Noting with deep concern the explosive situation which exists in the southern region of Africa, Affirming its right to take appropriate action in the matter, including the right to revert to itself the administration of the Mandated Territory,

1. Reaffirms that the provisions of General Assembly resolution 1514 (XV) are fully applicable to the people of the Mandated Territory of South West Africa and that, therefore, the people of South West Africa have the inalienable right to self-determination, freedom and independence in accordance with the Charter of the United Nations;

2. Reaffirms further that South West Africa is a territory having international status and that it shall maintain this status until it achieves independence;

3. Declares that South Africa has failed to fulfil its obligations in respect of the administration of the Mandated Territory and to ensure the moral and material well-being and security of the indigenous inhabitants of South West Africa and has, in fact, disavowed the Mandate;

4. Decides that the Mandate conferred upon His Britannic Majesty to be exercised on his behalf by the Government of the Union of South Africa is therefore terminated, that South Africa has no other right to administer the Territory and that henceforth South West Africa comes under the direct responsibility of the United Nations;

5. Resolves that in these circumstances the United Nations must discharge those responsibilities with respect to South West Africa;

6. Establishes an Ad Hoc Committee for South West Africa-composed of fourteen Member States to be designated by the President of the General Assembly to recommend practical means by which South West Africa should be administered, so as to enable the people of the Territory to exercise the right of self-determination and to achieve independence, and to report to the General Assembly at a special session as soon as possible and in any event not later than April 1967;

7. Calls upon the Government of South Africa forthwith to refrain and desist from any action, constitutional, administrative, political or otherwise, which will in any manner whatsoever alter or tend to alter the present international status of South West Africa;

8. Calls the attention of the Security Council to the present resolution;

9. Requests all States to extend their whole-hearted co-operation and to render assistance in the implementation of the present resolution;

10. Requests the Secretary-General to provide all the assistance necessary to implement the present resolution and to enable the Ad Hoc Committee for South West Africa to perform its duties.

1454th plenary meeting,
27 October 1966.
The President of the General Assembly, in pursuance of paragraph 6 of the above resolution, designated the members of the Ad Hoc Committee for South West Africa.[6] The Ad Hoc Committee tall be composed of the following Member States: CANADA, CHILE, CZECHOSLOVAKIA, ETHIOPIA, FINLAND, ITALY, JAPAN, MEXICO, NIGERIA, PAKISTAN, SENEGAL, UNION OF SOVIET SOCIALIST REPUBLICS, UNITED ARAB REPUBLIC and UNITED STATES OF AMERICA.

[1] International status of South West Africa, Advisory Opinion: I.C.J. Reports 1950, p. 128. [2] South West Africa-Voting procedure Advisory Opinion of June 7th, 1955: I.C.J. Reports 1955, p. 67. [3] Admissibility of hearings of petitioners by the Committee on South West Africa, Advisory Opinion of June 1st, 1956: I.C.J. Reports 1956, p. 23. [4] South West Africa Cases (Ethiopia v. South Africa; Liberia v. South Africa), Preliminary Objections, Judgment of 21 December 1962: LC.J. Reports 1962, p. 319. [5] South West Africa, Second Phase, Judgment, I.C.J. Reports 1966, p. 6. [6] See Official Records of the General Assembly, Twenty-first Session, Plenary Meetings, 1471st meeting.
Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.