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Having accepted the advisory opinion 18 of 11 July 1950 of the International Court of J ustice 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 W est Africa dealing with a petition, dated 5 October 1954, and a related commumcation, dated 19 February 1955, from the Reverend T . H . Hamtumbangda,a
Noting that the petitioner requests that the question of the future status of the Territory of South West Africa be submitted to the International Court of Justice for decision,
Noting further that the petitioner raises questions concerning the racially discriminatory measures applied against the non-European population of the Territory,
1
Decides to inform the petitioner that, according to the advisory opinion of 11 J uly 1950 of the International Court of Justice :
a
"South West Africa is a territory under the internationa1 Mandate assumed by the Union of South Africa on December 17th, 1920" ;
tb) " ... the Union of South Africa continues to have the international obligations slated 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 Assemhly, by its reso1ution 449 A
(V) of 13 December 1950, accepted the advisory opinion of the International Court of Justice on the question of South West Africa;
N oting the observations of the Committee on South West Africa with respect to discriminatory measures applied in the Territory against the non-European population,
11 Ibid., annex II. • 11 Jnttrnational status of Soutli-W tst Africa, Advisory Opincon: I.CJ . R11>0,-tr 1950, p. 128. Suf'lltmtnt No. 12 ( A/29! n, (:'1ap VJTI and annex VIIJ.
16 Offedal Rtcords of the Gener-al Assembly, Tenth Ststion,
2
D,cides to transmit to the petitioner the ~rt
West Africa at its second session regarding condition• in the Territory of South West Afriea.
