Question of Spanish Sahara

XXX. RESOLUTIONS ADOPTED ON THE REPORTS OF THE FOURTH COMMITTEE
3458. Question of Spanish Sahara

A

Having considered the question of Spanish (Western) Sahara, Recalling its resolution 1514 (XV) of 14 December 1960 containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, Recalling also its resolutions 2072 (XX) of 16 December 1965, 2229 (XXI) of 20 December 1966, 2354 (XXII) of 19 December 1967, 2428 (XXIII) of 18 December 1968, 2591 (XXIV) of 16 December 1969, 2711 (XXV) of 14 December 1970, 3162 (XXVIII) of 14 December 1973 and 3292 (XXIX) of 13 December 1974 on the question of Spanish Sahara, Recalling further its resolution 3292 (XXIX) of 13 December 1974, by which it decided to request an advisory opinion from the International Court of Justice and to invite the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to keep the situation in the Territory under review, including the sending of a visiting mission to the Territory, Noting that, in paragraph 3 of resolution 3292, (XXIX), it urged the administering Power to postpone the referendum which it contemplated holding in Spanish Sahara until the General Assembly decided on the policy to be followed in order to accelerate the decolonization process in the Territory in accordance with resolution 1514 (XV), in the best possible conditions, in the light of the advisory opinion to be given by the International Court of Justice, Having considered the advisory opinion delivered by the International Court of Justice on 16 October 1975[1] in response to the request contained in General Assembly resolution 3292 (XXIX), Having considered the chapter of the report of the Special Committee relating to the Territory of Spanish Sahara,[2] Having also considered the report of the United Nations Visiting Mission to Spanish Sahara, which in May and June 1975 went successively to Spain the Territory, Morocco, Algeria and Mauritania,[3] Having heard the statements of the administering Powers[4] and of the Governments of Morocco,[5] Mauritania[6] and Algeria,[7] Having also heard the statements of the petitioners,[8] Recalling Security Council resolutions 377 (1975) of 22 October 1975, 379 (1975) of 2 November 1975 and 380 (1975) of 6 November 1975 on the situation concerning Western Sahara, Considering the reports prepared by the Secretary-General pursuant to Security Council resolutions 377 (1975) and 379 (1975) on the situation concerning Western Sahara,[9]

1. Reaffirms the inalienable right of the people of Spanish Sahara to self-determination, in accordance with General Assembly resolution 1514 (XV);

2. Reaffirms its attachment to the principle of self determination of peoples and its concern to see that principle applied to the inhabitants of the Territory of Spanish Sahara within a framework that guarantees and permits them the free and genuine expression of their will, in accordance with the relevant resolutions of the United Nations;

3. Reaffirms the responsibility of the administering Power and of the United Nations with regard to the decolonization of the Territory and the guaranteeing of the free expression of the wishes of the people of Spanish Sahara;

4. Takes note with appreciation of the advisory opinion of the International Court of Justice concerning Western Sahara;[10]

5. Takes note with satisfaction of the report of the United Nations Visiting Mission to Spanish Sahara in 1975[11] and endorses its conclusion that measures should be taken to enable all Saharans originating in the Territory to decide on their future in complete freedom and in an atmosphere of peace and security, in accordance with resolution 1514 (XV);

6. Expresses its thanks to the Government of Spain and the Governments of Morocco, Algeria and Mauritania for the co-operation and assistance which they extended to the Visiting Mission;

7. Requests the Government of Spain, as the administering Power, in accordance with the observations and conclusions of the Visiting Mission and in accordance with the advisory opinion of the International Court of Justice, to take immediately all necessary measures, in consultation with all the parties concerned and interested, so that all Saharans originating in the Territory may exercise fully and freely, under United Nations supervision, their inalienable right to self-determination;

8. Requests the Secretary-General, in consultation with the Government of Spain, as the administering Power, and the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, to make the necessary arrangements for the supervision of the act of self-determination referred to in paragraph 7 above;

9. Urges all the parties concerned and interested to exercise restraint and to desist from any unilateral or other action outside the decisions of the General Assembly on the Territory;

10. Requests the Special Committee to follow the implementation of the present resolution and to report on the question to the General Assembly at its thirty-first session.

2435th plenary meeting
10 December 1975

B

The General Assembly, Reaffirming its resolution 1514 (XV) of 14 December 1960, Reaffirming its resolutions 1541 (XV) of 15 December 1960 and 2072 (XX) of 16 December 1965 and all other relevant United Nations resolutions, in particular General Assembly resolution 3292 (XXIX) of 13 December 1974, Taking note of the report of the United Nations Visiting Mission dispatched to the Territory in 1975,[12] Taking note of the advisory opinion of the International Court of Justice of 16 October 1975 concerning Western Sahara,[13] Considering Security Council resolutions 377 (1975) of 22 October 1975, 379 (1975) of 2 November 1975 and 380 (1975) of 6 November 1975,

1. Takes note of the tripartite agreement concluded at Madrid on 14 November 1975 by the Governments of Mauritania, Morocco and Spain, the text of which was transmitted to the Secretary-General of the United Nations on 18 November 1975;[14]

2. Reaffirms the inalienable right to self-determination, in accordance with General Assembly resolution 1514 (XV), of all the Saharan populations originating in the Territory;

3. Requests the parties to the Madrid agreement of 14 November 1975 to ensure respect for the freely expressed aspirations of the Saharan populations;

4. Requests the interim administration to take all necessary steps to ensure that all the Saharan populations originating in the Territory will be able to exercise their inalienable right to self-determination through free consultations organized with the assistance of a representative of the United Nations appointed by the Secretary-General.

2435th plenary meeting
10 December 1975


[1] Western Sahara, Advisory Opinion, I.C.J. Reports 1975, p. 12. For the note of transmittal to the members of the General Assembly, see A/10300. [2] Official Records of the General Assembly, Thirtieth Session, Supplement No. 23 (A/10023/Rev.1), chap. XIII. [3] Ibid., annex. [4] Ibid., Thirtieth Session, Fourth Committee, 2170th, 2171st, 2177th and 2178th meetings. [5] Ibid., 2171st, 2177th and 2128th meetings. [6] Ibid., 2173rd, 2177th and 2180th meetings. [7] Ibid., 2170th, 2173rd, 2177th and 2180th meetings. [8] Ibid., 2170th, 2173rd and 2178th meetings. [9] Official Records of the Security Council, Thirtieth Year, Supplement for October, November and December 1975, documents S/11863, S/11874, S/11876 and S/11880. [10] See foot-note 63. [11] Official Records of the General Assembly, Thirtieth Session, Supplement No. 23 (A/10023/Rev.1), chap. XIII annex. [12] Ibid. [13] Western Sahara, Advisory Opinion, I.C.J. Reports 1975, p. 12. For the note of transmittal to the members of the General Assembly, see A/10300. [14] Official Records of the Security Council, Thirtieth Year, Supplement for October, November and December 1975, document S/11880, annex III.
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