Security Council Resolution 301 (1971) [on the Policies of South Africa Towards Namibia]

S/RES/301(1971)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, published in 1972.

What subjects does this mandate have?

6 subjects

Advisory Opinions Bantustans Namibia Question Sanctions South Africa Treaties

What’s in this document?

20 operative paragraphs

At its 1584th meeting, on 27 September 1971, the Council decided to invite the representatives of Ethiopia, South Africa, Sudan, Liberia, Guyana, Nigeria, Chad and the President of the United Nations Council for Namibia to participate, without vote, in the discussion of the question.

At its 1585th meeting, on 28 September 1971, the Council de~ided to invite the representative of Senegal to participate, without vote, in the discussion of the question,

At its 1587th meeting, on 30 September 1971, the Council decided to invite the representative of Mauritius to participate, without vote, in the discussion of the question,

At the same meeting, the Council also decided to extend an i_nyitation to Mr. Nujoma, under rule 39 of the prov1S1onal rules of procedure of the Security Council.89

At its 1589th meeting, on 6 October 1971 the Coun~il decide1 . to invite the representative of Saudi Arabia to participate, without vote in the discussion of the question.

At its 1595th meeting, on 15 October 1971 the Council.decided to invite the representatives of Uganda and India to participate, without vote in the discussion of the question.

:7 Resolution 301 (1971)

of 20 October 1971

Reaffirms that the Territory of Namibia is the direct responsibility of the United Nations and that this responsibility includes the obligation to support and promote the rights of the people of Namibia in accordance with General Assembly resolution 1514 (XV);

Reaffirms the national unity and territorial integrity of Namibia;

Condemns all moves by the Government of South Africa designed to destroy that unity and territorial integrity, such as the establishment of Bantustans;

Declares that South Africa's continued illegal presence in Namibia constitutes an internationally wrongful act and a breach of international obligations and that South Africa remains accountable to the international community for any violations of its international obligations or the rights of the people of the Territory of .Namibia;

Takes note with appreciation of the advisory opinion of the International Court of Justice of 21 June 1971;44

Agrees with the Court's opinion, as expressed in paragraph 133 of its advisory opinion:

"(1) that, the continued presence of South Africa in Namibia being illegal, South Africa is under obligation to withdraw its administration from Namibia immediately and thus put an end to its occupation of the Territory;

''(2) that States Members of the United Nations are under obligation to recognize the illegality of South Africa's presence in Namibia and the invalidity of its acts on behalf of or concerning Namibia, and to refrain from any acts and in particular any dealings with the Government of South Africa implying recognition of the legality of, or lending support or assistance to, such presence and administration;

"(3) that it is incumbent upon States which are not Members of the United Nations to give assistance, within the scope of subparagraph (2) above,

in the action which has been taken by the United Nations with regard to Namibia.";

Declares that all matters affecting the rights of the people of Namibia are of immediate concern to all Members of the United Nations and, as a result, the latter should take this into account in their dealings with the Government of South Africa, in particular in any dealings implying recognition of the legality of, or . lending support or assistance to, such· illegal presence and administration;

Calls once again upon South Africa to withdraw from the Territory of Namibia;

Declares that any further refusal of the South African Government to withdraw from Namibia could create conditions detrimental to the maintenance of peace and security in the region;

Reaffirms the provisions of resolution 283 (1970), in particular paragraphs 1 to 8 and 11;

Calls upon all States, in the discharge of their responsibilities towards the people of Namibia and '' Legal Consequences for States of the Continued Presence ing Security Council Resolution 276 (1970), Advisory Opinion, I.C.l. Reports 1971, p, 16. subject to the. exceptions set forth in paragraphs 122 and 125 of the advisory opinion of 21 June 1971:

To .abstain frotn entering into treaty relations with South Africa in all cases in which the Government of South Africa purports tcf act on behalf of or concerning Namibia;

( b) To abstain from invoking br applying those treaties or provisions of treaties concluded by South Africa on behalf of or concerning Namibia which involve active intergovernmental co-operation.

To review their bilateral treaties with South • Africa in order to ensure that they are ~ot inconsistent with paragraphs 5 and 6 above;

To abstain from sending diplomatic or special missions to South Africa that include the Territory of Namibia in their jurisdiction;

( e) To abstain from sending consular agents to Namibia and to withdraw any such agents already there;

To abstain from entering into economic and other forms of relationship or dealings with South Africa on behalf of or concerning Namibia which may entrench its authority over the Territory;

Declares that franchises, rights, titles or contracts relating to Namibia granted to individuals or companies by South Africa after the adoption of General Assembly resolution 2145 (XXI) are not subject to protection or espousal by their States against claims of a future lawful Government of Namibia;

Requests the Ad Hoe Sub-Committee on Namibia to continue to carry out the tasks entrusted to it under paragraphs 14 and 15 of Security Council resolution 28 3 ( 1970) and, in particular, taking into account the need to provide for the effective protection of Namibian interests at the international level, to study appropriate. measures. for the fulfilment of the responsibility of the United Nations· towards Namibia;

Requests the Ad Hoe Sub-Committee ori Namibia to review all treaties and agreements which are contrary to the provisions of the present resolution in order to ascertain whether States have entered into agreements which recognize South Africa's authority over Namibia, and to report periodically thereon;

Calls· upon all States to support ·and . promote the rights of the people of Namibia and to this end to implement fully the provision:s of the ;present resolution;

· · ·

Requests the Secretary-General to report periodically on the implementation of the provisions of the present resolution.

United Kingdom of Great Britain aT1d. Northern 1reland):.

y 81S1 Official Records of the Security Council, Twenty-sixth liar, upple,ment for .July, August and September 1971; at the of 8 1fd 1meettng, Swaztland was added to the list of signatories D h e etter, and at the 1588th meeting on 5 October 1971, a omey Was added. !! Ibid., T»:enty-sixth Year, Special Supplement No. 5.

' lSSSthMr. Nt?Joma made a statement to the Council at the mee mg, on S October 1971.

40 See Official Records of the Security Council, Twenty-sixth Year, 1583rd, 1585th, 1587th, 1588th and 1594th meetings. · 41 Jbid., 1584th meeting.

42 Jbid., 1584th and 1594th meetings.

48 Ibid., Twenty-sixth Year, Special Supplement No, 5.

with 2 abstenliom; (France, of South Africa in Namibia (South West Africa) notwithstand-

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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