Factors Which Should Be Taken Into Account in Deciding Whether a Territory Is or Is Not a Territory Whose People Have Not yet Atttained a Full Measure of Self-Government

A/RES/648(VII)View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1953.

What subjects does this mandate have?

10 subjects

Appointment of Members Establishment Guidelines Independence Members Non-Self-Governing Territories Self-Determination of Peoples Self-Rule Terms of Reference Written Communications

What’s in this document?

10 operative paragraphs

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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 hu not attained-a full measure of self-government;

Recognises that , -each concrete caae should be considered and decided in the light of the particular

' See document A/Zl 78.

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circumstances of that case and taking into account the right of self-determination of peoples;

Declares that the factors, while ¥rving as a ~ui<le in determining whether the obligations as set 1 o;·th in Article 73 e of the Charter still exist, should in no way Le inteq,reted as a hindrance to the attainment of a full measure of self-government by the Non-Self-Governing Territories;

Furt/rer declares that, for a Territory to he 4. deemed self-go\'erning in economic, social or educational affairs it is essential that its people shall have attainecl a full measure of self-government as referred to in Chapter XI of the Charter;

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 ;

Decides to set up a new Ad H oc 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 put 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;

Jwuites the said Cornmittee to take into account, inter alia, the list• of factors prepared in 1952 by the Ad H oc 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 elen1ents :

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 ;

The manifestation of the freely expressed will of the peoples in relation to the determinat10n of their national and international status for the purposes of Chapter XI of the Charter;

lwvites 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;

Rll/f'ISls the Secretary-General to convene the Ad Hoe Committee so that it may begin its work not later than feur weeks before the opening of the 1953 seuion of the Committee on Information from Non- Self-Goveming Territories.

402nd pl1,uv:, "'"""9,

10 Dec,mbet' 1952. General Auembly--Seventh Seulon

Factor• indicative of the atlainment o/ i,adependence or o/ other aeparate ayalema o/ 1,el/• government

Factors indicative of the attainment of independ,nct

:\. /ntemational status I. 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.

Eligibility for membership in the United Nations.

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

National defence. Freedom of the territory to enter into arrangements concerning its national defence. B. Internal stlf-goi·ernrnent Form of govern,nent. Complete freedom of the people of the territory to choose the form of government which they desire.

Tl!f'f"itorial 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 culttcral jurisdiction. Complete autonomy in respect of economic, social and cultural affairs.

Factors indicative of the attainment of other stf>aratt systems uf self-go1•"nment A. Gen"al

Political atlvancement. Political advll!lcement of the population sufficient to_ enable them to decide upon the future destiny of the territory with due knowledge.

O,-icm of l#w po,-lalion. 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.

V oltcnlary limitation of sovertigflty. 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-,ovemment. B. 1 nt,nsatiOfltJl stattu

G1n1ral int,,.,.otional r,latiofu. 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.

Eligibility for me'"'1ersliip in tla, Unitetl Notions. C. lnllf'tla/ 11lf-1ov1rnment Territorial gOflemment. Naaire 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 followl111:

L1gi,lo1W1: The enactment of law, for the territory by an indfaenou1 body whether fully elected by free and democratic proceaaes or lawfully constituted in a manner receiving the free consent of the population;

E.rec11tive: 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;

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

Participation of the population. Effective participation of the population in the government of the 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? a

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 o{ the people of the territory ; and by the degree of freedom and lack of discrimination against the indigenous population of the territory in ~ocial legislation ancl social developments.

Fartors indicative of the free assoriatiot1 of II territory with other component parts of the metropolitan or other coNntry A. General

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

Opinio11 of the pop11lation. 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.

Geographical con.rider1Jtions. Extent tG which the relationa 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.

Ethnic and cult11ral considerations. Extent to which the population are of different race, language or religion or have a distinct cultural heritage, interests or aspirations, distinguishin1 them from the peoples of the country with which they freely associate themselves.

Constit11tional con.rid,rations. Association (a) by virtue of the constitution of the metropolitan cou.ntry, or (b) by virtue of a treaty or bilateral agreement affecting the status

• For example, the followinf 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?

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 he used in the application of this factor are as follows:

The existence of effective measures to ensure the democratic elg)_reuion of the will of the people ;

•

The existence of more than one political party in the territory;

The existence of a secret ballot;

The existence of lep) prohibitions on the exercise of undemocratic practices in the course of elections;

(,) The existence for the individual elector of a choice between candidates of differing political parties;

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 pelitical party or cause, and to criticize the government of the day? Reaolutiom adopted on reporla of the Fourth Committee SS

of the territory, taking into account (i) whether the c:on■ti• tutional guarantees extend equally to the usociated territory,

whether there are powers in certain matten cautltutionally reserved to the territory or to the central aatborh:,, and (iii) whether there is provision for the putic:lpatloa of the territory on a basis of equality in any ~hanges in the constitutional system of the State. B. Status

Legislative representation. Representation without di•· crimination in the central legislative orpns on the same basis as other inhabitants and re,lona.

Citirenship. Citizenship without discrimination on the same hasis as other inhabitants.

Govnwmfflt 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. lnt,rnal constil11tional condmons

S11lf ra111. Universal and equal suffra,e. and free periodic elections, characterized by an absence of IDldue irdhaence over and coercion of the voter or of the imposition of disabilities on particular political parties.b

Local rights and .rtattu. In a unitary ■)'Item equal risbts and status for the inhabitants and Jocal bodiea of the territory as enjoyed by inhabitants and local bodiea of other parts of the country ; in a federal system an identical decree of self• government for the inhabitants and local bodies of all parts of the federation.

3.. Local off icial.r. Appointment or election of . offlclala in the territory on the same basis as tho1e in other parts of the couqtry.

lnt,""°' l1gi.,lotion. Local self-,overnment of the ■ame scope and under the same conditions u enjOJC(l by other parts of the country.

FIRST PART

national instruments.

SECOND PART

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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