Question of Namibia Resolutions

A/RES/40/97[A]View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 34 Question of Namibia, published in 1986.

What else is in this group?

47 documents · 1969–1991

Newer documents in this group exist (latest: 1991).

Year	Symbol	Title	Word length	Text similarity
1991	A/RES/44/243[B]	Question of Namibia resolutions	—	–
1991	A/RES/44/243[A]	Question of Namibia resolutions	—	–
1991	A/RES/44/243	Question of Namibia resolutions	610	–
1989	A/RES/43/26[E]	Question of Namibia resolutions	—	–
1989	A/RES/43/26[D]	Question of Namibia resolutions	—	–

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What’s in this document?

71 operative paragraphs

A/RES/40/97 [A]

A

Approves the report of the United Nations Council for Namibia;

Takes special note of the Final Document contain ing the Declaration and Programme of Action, adopted by the United Nations Council for Namibia at its extraordi nary plenary meetings held at Vienna from 3 to 7 June 1985;

Takes note of the important debate on the question of Namibia, held in the Security Council from 10 to 19 June 1985;90

Further takes note of Security Council resolution 566 (1985) by which the Council, inter alia, condemned South Africa for its installation of a so-called interim gov ernment in Namibia and further condemned that regime for its obstruction of the implementation of Council reso lution 435 (1978) by insisting on conditions contrary to the provisions of the United Nations plan for the indepen dence of Namibia as embodied in that resolution;

Reaffirms the inalienable right of the people of Namibia to self-determination, freedom and national independence in a united Namibia, in accordance with the Charter of the United Nations and as recognized in Gen eral Assembly resolutions 1514 (XV) and 2 I 45 (XXI) and in subsequent resolutions of the Assembly relating to Namibia, as well as the legitimacy of their struggle by all the means at their disposal, including armed struggle, against the illegal occupation of their territory by South Africa;

Strongly condemns the South African regime for its continued illegal occupation of Namibia in defiance of the resolutions of the United Nations relating to Namibia;

Declares that South Africa's illegal occupation of Namibia constitutes an act of aggression against the Namibian people in terms of the Definition of Aggression contained in General Assembly resolution 3314 (XXIX) of 14 December I 974, and supports the armed struggle of the Namibian people, under the leadership of the South West Africa People's Organization, to repel South Africa's aggression and to achieve self-determination, freedom and national independence in a united Namibia;

Reiterates that, in accordance with its resolution 2145 (XXI), Namibia is the direct responsibility of the United Nations until genuine self-determination and national independence are achieved in the Territory and, for this purpose, reaffirms the mandate given to the United Nations Council for Namibia as the legal Administering Authority for Namibia until independence under resolu tion 2248 (S-V) and subsequent resolutions of the General Assembly;

Reaffirms its decision that the United Nations Council for Namibia, in accordance with the mandate con ferred upon it by General Assembly resolution 2248 (S-V), should proceed to establish its administration in Namibia in 1986;

IO. Reaffirms that the South West Africa People's Organization, the national liberation movement of Namibia, is the sole and authentic representative of the Namibian people;

Further reaffirms that the genuine independence of Namibia can be achieved only with the direct and full par ticipation of the South West Africa People's Organization in all efforts to implement the resolutions of the United Nations relating to Namibia;

Reaffirms that Security Council resolution 435 ( 1978) remains the only acceptable basis for a peaceful set tlement of the Namibian question, and calls once again for its immediate and unconditional implementation;

Expresses its dismay at the failure to date of the Security Council to discharge effectively its responsibilities for the maintenance of peace and security in so11.thern Africa, owing to the opposition of its Western permanent members;

Urges the Security Council to act decisively in ful filment of the direct responsibility of the United Nations over Namibia and to take, without further delay, appropri ate action to ensure that the United Nations plan, as embodied in Council resolution 435 (1978), is not under mined or modified in any way and that it is fully respected and implemented;

Reiterates its conviction that South Africa's con tinued illegal occupation of Namibia, its defiance of United Nations resolutions, its brutal repression of the Namibian people, its acts of destabilization and aggression against independent African States and its policies of apartheid constitute a threat to international peace and security;

Declares that comprehensive mandatory sanctions under Chapter VII of the Charter of the United Nations are the most effective measures to ensure South Africa's compliance with the resolutions and decisions of the United Nations;

Strongly condemns South Africa for the imposition of the so-called interim government in Namibia on 17 June 1985, declares this measure null and void, and affirms that this new manoeuvre clearly shows once again that Pretoria does not have the slightest intention of respecting the United Nations plan, as embodied in Secu rity Council resolution 435 ( 1978), and is seeking, quite to the contrary, to consolidate its illegal hold over the Terri tory by creating puppet political institutions to serve its own interests;

Denounces all fraudulent constitutional and politi cal schemes by which the illegal racist regime of South Africa attempts to perpetuate its colonial domination of Namibia, and, in particular, calls upon the international community to continue to refrain from according any rec ognition or extending any co-operation to any regime imposed by the illegal South African administration upon the Namibian people in violation of Security Council reso lutions 385 (1976), 435 (1978), 439 (1978), 532 (1983), 539 (1983) and 566 (1985) and of other relevant resolu tions of the General Assembly and the Council;

Reaffirms that all such manoeuvres are fraudulent and null and void and that they must be rejected categori cally by all States as called for in the relevant resolutions of the General Assembly and the Security Council;

Declares that all so-called laws and proclamations issued by the illegal occupation regime in Namibia are ille gal, null and void;

Strongly urges the Security Council to act deci sively against any dilatory manoeuvres and fraudulent schemes of the illegal occupation regime aimed at frustrat ing the legitimate struggle of the Namibian people, under the leadership of the South West Africa People's Organiza tion, for self-determination and national liberation;

Reiterates that there are only two parties to the conflict in Namibia, namely, the people of Namibia, led by their sole and authentic representative, the South West Africa People's Organization, on the one hand, and the illegal occupation regime of South Africa, on the other;

Further reiterates that Member States must exert all efforts to counter any manoeuvres aimed at circum venting the United Nations and undermining its primary responsibility for the decolonization of Namibia;

Welcomes and endorses the universal and categori cal rejection of the "linkage" advanced by South Africa between the independence of Namibia and irrelevant and extraneous issues, such as the presence of Cuban forces in

Angola, and emphasizes unequivocally that such "link age", in addition to delaying the decolonization process in Namibia, constitutes an interference in the internal affairs of Angola;

Welcomes and endorses the world-wide and justi fied condemnation of the policy of constructive engage ment with South Africa as one which, in addition to encouraging South Africa's intransigence and thereby delaying Namibia's independence, has been discredited and made bankrupt by the very actions of the Pretoria regime both within South Africa and in the southern African region as a whole;

Expresses its appreciation to the front-line States and the South West Africa People's Organization for their statesmanlike and constructive attitude in the efforts aimed at implementing Security Council resolution 435 (1978);

Reaffirms its conviction that the solidarity and sup port of the front-line States for the Namibian cause con tinues to be a factor of paramount importance in the efforts to bring genuine independence to the Territory;

Strongly urges the international community to increase, as a matter of urgency, financial, material, mili tary and political support to the front-line States so as to enable them to resolve their own economic difficulties, which are largely a consequence of Pretoria's policies of aggression and subversion, and to defend themselves bet ter against South Africa's persistent attempts to destabilize them;

Requests Member States urgently to extend all nec essary assistance to Angola and other front-line States, in order to enable them to strengthen their defence capacity against South Africa's acts of aggression;

Commends the South West Africa People's Organ ization for its continued intensification of the struggle on all fronts, including the armed struggle, and for its com mitment to embrace all Namibian patriots in an effort to strengthen further national unity so as to ensure the terri torial integrity and sovereignty of a united Namibia, and welcomes the consolidation of unity in action by the patri otic forces in Namibia under the leadership of the South West Africa People's Organization, during the critical phase of their struggle for national and social liberation;

Reaffirms its solidarity with, and support for, the South West Africa People's Organization, the sole and authentic representative of the Namibian people, and pays tribute to that organization for the sacrifices it has made in the field of battle and also for the spirit of statemanship, co-operation and far-sightedness it has displayed in the political and diplomatic arena despite the most extreme provocations on the part of the racist Pretoria regime:

Calls upon Member States and the specialized agencies and other organizations of the United Nations system to render sustained and increased support, as well as material, financial, military and other assistance, to the South West Africa People's Organization so as to enable it to intensify its struggle for the liberation of Namibia;

Urges all Governments and the specialized agen cies and other intergovernmental organizations to provide increased material assistance to the thousands of Namib ian refugees who have been forced by the apartheid regime's oppressive policies to flee Namibia, especially into the neighbouring front-line States;

Solemnly reaffirms that Namibia's accession to independence must be with its territorial integrity intact, including Walvis Bay and the offshore islands, and reiter ates that, in accordance with the resolutions of the United Nations, in particular Security Council resolution 432 (1978) of 27 July 1978 and General Assembly resolutions S-9/2 of 3 May 1978 and 35/227 A of 6 March 1981, any attempt by South Africa to annex them is, therefore, ille gal, null and void;

Calls upon the Security Council to declare categori cally that Walvis Bay is an integral part of Namibia and that the question should not be left as a matter for negotia tion between an independent Namibia and South Africa;

Strongly condemm South Africa for obstructing the implementation of United Nations resolutions, in par ticular Security Council resolutions 385 (1976), 435 (1978), 439 (1978), 532 (1983), 539 (1983) and 566 ( 1985), and for its manoeuvres, in contravention of those resolutions, designed to consolidate its colonial and neo colonial interests at the expense of the legitimate aspira tions of the Namibian people for genuine self-determina tion, freedom and national independence in a united Namibia;

Strongly condemns the continuing collaboration between South Africa and certain Western countries in the political, economic, diplomatic and financial fields, and expresses its conviction that such collaboration helps to prolong South Africa's domination and control over the people and Territory of Namibia;

Deplores, in this context, the establishment and operation by racist South Africa of the so-called Namibia Information Offices in France, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland and the United States of America, aimed at legitimizing its puppet institutions in Namibia, in par ticular the so-called interim government for which the racist regime has been condemned by the Security Council and the international community, and demands their immediate closure:

Notes with appreciation the recent measures taken by some States, parliamentarians. institutions and non governmental organizations in order to exert pressure on the racist regime of South Africa and calls upon them to redouble and intensify their efforts to force the racist regime to comply with the resolutions and decisions of the United Nations relating to Namibia and South Africa;

Calls once again upon all Governments, especially those which have close links with South Africa, to support, in co-operation with the United Nations Council for Namibia. the actions of the United Nations to defend the national rights of the Namibian people until independence and to isolate the racist regime of South Africa;

4 1 . Strongly condemns South Africa for its military build-up in Namibia, its introduction of compulsory mili tary service for Namibians, its proclamation of a so-called security zone in Namibia, its recruitment and training of Namibians for tribal armies, its use of mercenaries to sup press the Namibian people and to carry out its military attacks against independent African States, its threats and acts of subversion and aggression against those States and the forcible displacement of Namibians from their homes;

Strongly condemns South Africa for its imposition of military conscription of all Namibian males between seventeen and fifty-five years of age into the occupying colonial am1y, in yet further smister att<·mpts to suppress the national liberation struggle of the ·,.amibian people and to force NamibianӼ to kill one another, and declares that all measures taken by racist South Africa by which the illegal occupation regime attempts to enforce military con scription in Namibia are illegal. null and void;

-13. Strongly condemns the must regime of South Africa for its utilization ol thl' international Territory of Namibia as a springboard for pt'rpctrating armed inva sions, subversion, destabiiization and aggression against neighbouring African States:

Strongly condemns South Africa, in particular for its persistent acts of aggression and subversion against Angola, including the continued occupation of parts of Angolan territory in gross violation of its sovereignty and territorial integrity, and calls upon South Africa to cease all acts of aggression against Angola and withdraw imme diately and unconditionally all its troops from that coun try;

Expresses its grave concern at the acquisition of nuclear-weapon capability by the racist regime of South Africa and declares that such acquisition constitutes a threat to peace and security in Africa while posing a danger to all mankind;

Condemns and calls for an immediate end to the continuing military collaboration on the part of certain Western countries with the racist regime of South Africa, and expresses its conviction that such collaboration, in addition to strengthening the aggressive military machin ery of the Pretoria regime, thereby constituting a hostile action against the people of Namibia and the front-line States, is also in violation of the arms embargo imposed against South Africa under Security Council resolution 418 (1977) of 4 November 1977;

Declares that such collaboration encourages the Pretoria regime in its defiance of the international commu nity and obstructs efforts to eliminate apartheid and bring South Africa's illegal occupation of Namibia to an end, and calls for the immediate cessation of such collabora tion;

Calls upon all States to implement fully the arms embargo imposed against South Africa under Security Council resolution 418 (1977);

Calls upon the Security Council to adopt the neces sary measures to tighten the arms embargo imposed against South Africa under Council resolution 418 (1977) and to ensure strict compliance with the embargo by all States;

Further calls upon the Security Council to imple ment, as a matter of urgency, the recommendations con tained in the report of the Security Council Committee established in pursuance of resolution 421 (1977);91 5 1 . Calls upon all States to comply with Security Council resolution 558 ( 1984) of 13 December 1984 and to refrain from importing arms, ammunition of all types and military vehicles produced in South Africa;

Condemns all collaboration with the Pretoria regime in the nuclear field, and calls upon all States that do so to terminate such collaboration, including refraining from supplying the racist minority regime of South Africa, directly or indirectly, with installations, equipment or material that might enable it to produce uranium, pluto nium or other nuclear materials or reactors;

Reiterates its call upon all States to take legislative and other appropriate measures to prevent the recruit ment, training and transit of mercenaries for service in Namibia;

Strongly condemns the illegal occupation regime of South Africa for its massive repression of the people of Namibia and their liberation movement, the South West Africa People's Organization, in an attempt to intimidate and terrorize them into submission;

Demands once again that South Africa immedi ately release all Namibian political prisoners, including all those imprisoned or detained under the so-called internal security laws, martial law or any other arbitrary measures, whether such Namibians have been charged or tried or are being held without charge in Namibia or South Africa;

Demands that South Africa account for all "disap peared" Namibians and release any who are still alive, and declares that South Africa shall be liable to compensate the victims, their families and the future lawful Government of an independent Namibia for the losses sustained;

Reaffirms that the natural resources of Namibia, including its marine resources, are the inviolable heritage of the Namibian people, and expresses its deep concern at the depletion of these resources, particularly its uranium deposits, as a result of their plunder by South Africa and certain Western and other foreign economic interests, in violation of the pertinent resolutions of the General Assembly and of the Security Council, of Decree No. I for the Protection of the Natural Resources of Namibia and in disregard of the advisory opinion of the International Court of Justice of 21 June 1971;

Endorses the decision by the United Nations Council for Namibia at its extraordinary plenary meetings, held at Vienna from 3 to 7 June 1985, that it will, in the exercise of its rights under the United Nations Convention on the Law of the Sea,50 proclaim an exclusive economic zone for Namibia, the outer limit of which shall be 200 miles, and states that any action for the implementation of that decision should be taken in consultation with the South West Africa People's Organization, the representa tive of the people of Namibia;

Declares that all activities of foreign economic interests in Namibia are illegal under international law and that all the foreign economic interests operating in Namibia are liable to pay damages to the future lawful Government of an independent Namibia;

Calls upon the United Nations Council for Namibia, in pursuance of the relevant provisions of Decree No. I for the Protection of the Natural Resources of Namibia, to take the necessary steps to compile statisti cal information on the wealth illegally extracted from Namibia with a view to assessing the extent of compensa tion eventually due to an independent Namibia;

Strongly condemns the activities of all foreign eco nomic interests operating in Namibia which are illegally exploiting the resources of the Territory, and demands that these interests comply with all the relevant resolutions and decisions of the United Nations by immediately refraining from any new investment or any other activity in Namibia, by withdrawing from the Territory and by put ting an end to their co-operation with the illegal South African administration;

Declares that, by their incessant exploitation of the human and natural resources of the Territory and their continued accumulation and repatriation of huge profits, the foreign economic, financial and other interests opera ting in Namibia constitute a major obstacle to its indepen dence;

Requests once again all Member States, particu larly those States whose corporations are engaged in the exploitation of Namibian resources, to take all appropriate measures, including legislative and enforcement action, to ensure the full application of, and compliance by all corpo rations and individuals within their jurisdiction with, the provisions of Decree No. I for the Protection of the Natu ral Resources of Namibia;

Calls upon the Governments of all States, particu larly those whose corporations are involved in the mining and processing of Namibian uranium, to take all appropri-

ate measures in compliance with United Nations resolu tions and decisions and Decree No. I for the Protection of the Natural Resources of Namibia, including the practice of requiring negative certificates of origin, to prohibit State-owned and other corporations, together with their subsidiaries, from dealing in Namibian uranium and from engaging in any uranium-prospecting activities in Namibia;

Approves of the decision of the United Nations Council for Namibia of 2 May 1985 to initiate legal pro ceedings in the domestic courts of States against corpora tions or individuals involved in the exploitation, trans port, processing or purchase of Namibia's natural resources, as part of its efforts to give effect to Decree No. l for the Protection of the Natural Resources of Namibia;

Requests the Governments of the Federal Republic of Germany, the Netherlands and the United Kingdom of Great Britain and Northern Ireland, which operate the Ur,enco uranium-enrichment plant, to have Namibian uranium specifically excluded from the Treaty of Almelo,92 which regulates the activities of Urenco;

Urges the United Nations Council for Namibia, in its capacity as the legal Administering Authority for Namibia until independence, to consider the promulgation of additional legislation in order to protect and promote the interests of the people of Namibia and to implement effectively such legislation;

Calls upon all specialized agencies, in particular the International Monetary Fund, to terminate all collabo ration with, and assistance to, the racist regime of South Africa, since such assistance serves to augment the mili tary capability of the Pretoria regime, thus enabling it not only to continue the brutal repression in Namibia and South Africa itself, but also to commit aggression against independent neighbouring States;

Reiterates its request to all States, pending the imposition of comprehensive mandatory sanctions against South Africa, to take legislative, administrative and other measures individually and collectively, as appropriate, in order effectively to isolate South Africa politically, eco nomically, militarily and culturally, in accordance with General Assembly resolutions ES-8/2 and 36/ 121 B, and its resolution 37/233 A of 20 December 1982;

Requests the United Nations Council for Namibia, in its implementation of paragraph 15 of General Assem bly resolution ES-8/2 and of the relevant provisions of Assembly resolutions 36/121 B and 37/233 A, to continue to monitor the boycott of South Africa and to submit to the Assembly at its forty-first session a comprehensive report on all contacts between Member States and South Africa containing an analysis of the information received from Member States and other sources on the continuing political, economic, financial and other relations of States and their economic and other interest groups with South Africa and of measures taken by States to terminate all dealings with the racist regime of South Africa;

Requests all States to co-operate fully with the United Nations Council for Namibia in the fulfilment of its task concerning the implementation of General Assem bly resolutions ES-8/2, 36/121 B and 37/233 A and to report to the Secretary-General by the forty-first session of the Assembly on the measures taken by them in the imple mentation of those resolutions;

Declares that the liberation struggle in Namibia is a conflict of an international character in terms of article 1, paragraph 4, of Additional Protocol 165 to the Geneva Conventions of 12 August 1949,66 and, in this regard, demands that the Conventions and Additional Protocol I be applied by South Africa, and in particular that all cap tured freedom fighters be accorded prisoner-of-war status as called for by the Geneva Convention relative to the Treatment of Prisoners of War93 and the Additional Proto col thereto;

Declares that South Africa's defiance of the United Nations, its illegal occupation of the international Terri tory of Namibia, its war of repression against the Namib ian people, its persistent acts of aggression against inde pendent African States, its policies of apartheid and its development of nuclear capability constitute a serious threat to international peace and security;

Strongly urges the Security Council, in view of the persistent refusal by the racist regime of South Africa to comply with the resolutions and decisions of the United Nations on the question of Namibia, particularly Security Council resolutions 385 (l 976), 435 ( 1978), 539 (1983) and 566 ( 1985), and, in the light of the serious threat to international peace and security posed by South Africa, to impose comprehensive mandatory sanctions against that country as provided for in Chapter VII of the Charter of the United Nations;

Requests the Secretary-General to report to the General Assembly at its forty-first session on the imple mentation of the present resolution.

77 See A/401168-S/ 17014, para. 3. For the printed text, see Official Records ,,(the Security Council, Fortieth Year, Supplementfi,r Januarv, Fehruarf' and March 1985, document Sil 7014, para. 3. 78 A/391130-S/l 6409. Fur the printed text_ see Ojfu:iul Recurds of the Securitv ( ·ouncil. Thirty-ninth Year. Supplement /i>r Januarv. Fehruarr and .ttarch · 1984, document S-'l 6409. 79 A/ 3911 30/ Add. 1-S/ 16409/ Add. I. For the printed text, see Offinal Records of the Secumv Council. Thirty-ninth Year, Supplement for Julv. Aufo"!t and September 1984, document S/16409/Add.l.

O A/40/168-S/l 7014. For the printed text, see Official Records of the Security Council, Fortieth Year. Supplement for January. February and March /985, document Sil 7014. SITUATION IN NAMIBIA RESULTING FROM THE ILLEGAL OCCUPATION OF THE TERRITORY BY SOUTH AFRICA

81 A/40/779-S/ 17581 and Corr. I. For the printed te,t, see Otfinal Records of the Secunty Counc,I, F-im,eth Year, Supplement fi,r Octofier, November and December /985, document Sil 7581. 82 See also sect. I, footnote 8, and sect. X.8.6, decision 401409. 8l Ofjicial Record, o(th,· (,'enera/ Assemhlr. Fortieth Se.won, Supplement So .• '4 (A/40124). 84 /hid., Supplement !'io 23 (A/40/23), chaps. 1-111, V, Vil and IX. 85 Legal Consequences.tor States of the Continued Presence of South Africa ,n Namibia (South West Africa) notwithstanding Security Council resolution 270 11970). Advisory Op,num, I.CJ. Reports, /971, p. 16.

86 N40/307-S/l 7184 and Corr. I, annex.

89 Official Records of the < ;eneral Assembly, Thmy-fijih Session. Supple 87 N40/666. annex II. resolution CM/Res.1003 (XLII)

ment No. 24 (A/35/24). vol I. annex II. 88 N40/854-S/l 76l0 and Corr. I, annex I

90 See Official Records of the Security Counc1/, Fortieth Year, 2583rd, 2584th. 2586th-2590th and 2592nd-2595th meetings.

91 Ibid., Thirty-fifth Year, Supplement for July, August and September /980, document S/ 14179.

92 United Nations, Trear_v Series, vol. 795, No. 1 1326. p. 308.

93 !hid" vol. 75. No. 972, p 135.

94 Sec resolution ES-8/2.

91 Ibid., Supplement for July August and September /985, dornmem S/ 95 Official Records of the Security Council. Thirty-eighth Year, Supplement 1 7442. for October, November and December 1983, document S/16237.

96 Jbid., Fortieth Year. Supplement for April. May and June /985, docu ment S/l 7242.

98 See Official Records of the General AssemNr. Fortierh Sessum, Supple Q9 A/AC. I 3 1 :i 9 1 ment No. 24 (A/40124). part two. chap. Ill

_ _ _ S3 _ DISSEMINATION OF INFORMATION AND MOBILIZATION OF INTERNATIONAL PUBLIC OPINION IN SUPPORT OF NAMIBIA

UNITED NATIONS FUND FOR NAMIBIA IOO ojfiaal Records o.fthe General Assemf>fi, Fortieth Session, Supplement No. 24 (A/40/24). pan two, chap. VIII and chap. IX. sect. B.

IOI For the text of the Charter of the United Nations Institute for Namibia. as amended. see Official Record, o(rhe General Assemhlr. Thirtv-se.-enth Ses sion. Supplement No 24 (A!37, Ħ4). annex IV

I02 A/40/668 and Add. I .

Who adopted this document and its mandates?

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What’s in this document?

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