Security Council resolution 539 (1983) [Namibia]

Resolution 539 (1983) of 28 October 1983

The Security Council,

Having considered the report of the Secretary-General (S/15943) of 29 August 1983,

Recalling General Assembly resolutions 1514 (XV) of 14 December 1960 and 2145 (XXI) of 27 October 1966,

Recalling and reaffirming its resolutions 301 (1971), 385 (1976), 431 (1978), 432 (1978), 435 (1978), 439 (1978), and 532 (1983),

Gravely concerned at South Africa's continued illegal occupation of Namibia,

Gravely concerned also at the tension and instability prevailing in southern Africa and the mounting threat to the security of the region and its wider implications for international peace and security resulting from continued utilization of Namibia as a springboard for attacks against and destabilization of African States in the region,

Reaffirming the legal responsibility of the United Nations over Namibia and the primary responsibility of the Security Council for ensuring the implementation of its resolutions, in particular, resolutions 385 (1976) and 435 (1978), which call for the holding of free and fair elections in the Territory under the supervision and control of the United Nations,

Indignant that South Africa's insistence on an irrelevant and extraneous issue of "linkage" has obstructed the implementation of Security Council resolution 435 (1978),

1. Condemns South Africa for its continued illegal occupation of Namibia in flagrant defiance of resolutions of the General Assembly and decisions of the Security Council of the United Nations;

2. Further condemns South Africa for its obstruction of the implementation of Security Council resolution 435 (1978) by insisting on conditions contrary to the provisions of the United Nations plan for the independence of Namibia;

3. Rejects South Africa's insistence on linking the independence of Namibia to irrelevant and extraneous issues as incompatible with resolution 435 (1978), other decisions of the Security Council and the resolutions of the General Assembly on Namibia, including General Assembly resolution 1514 (XV) of 14 December 1960;

4. Declares that the independence of Namibia cannot be held hostage to the resolution of issues that are alien to Security Council resolution 435 (1978);

5. Reiterates that Security Council resolution 435 (1978), embodying the United Nations plan for the independence of Namibia, is the only basis for a peaceful settlement of the Namibian problems;

6. Takes note that the consultations undertaken by the Secretary-General pursuant to paragraph 5 of resolution 532 (1983) have confirmed that all the outstanding issues relevant to Security Council resolution 435 (1978) have been resolved;

7. Affirms that the electoral system to be used for the elections of the Constituent Assembly should be determined prior to the adoption by the Security Council of the enabling resolution for the implementation of the United Nations plan;

8. Calls upon South Africa to co-operate with the Secretary-General forthwith and to communicate to him its choice of the electoral system in order to facilitate the immediate and unconditional implementation of the United Nations plan embodied in Security Council resolution 435 (1978);

9. Requests the Secretary-General to report to the Security Council on the implementation of this resolution as soon as possible and not later than 31 December 1983;

10. Decides to remain actively seized of the matter and to meet as soon as possible following the Secretary-General's report for the purpose of reviewing progress in the implementation of resolution 435 (1978) and, in the event of continued obstruction by South Africa, to consider the adoption of appropriate measures under the Charter of the United Nations.

Adopted at the 2492nd meeting by 14 votes to none, with 1 abstention (United States of America).