Security Council resolution 246 (1968) [South-West Africa]

Resolution 246 (1968) of 14 March 1968

The Security Council.

Recalling its resolution 245 (1968) of 25 January 1968, by which it unanimously condemned the refusal of the Government of South Africa to comply with the provisions of General Assembly resolution 2324 (XXII) of 16 December 1967 and further called upon the Government of South Africa to discontinue forthwith the illegal trial and to release and repatriate the South West Africans concerned,

Taking into account General Assembly resolution 2145 (XXI) of 27 October 1966 by which the General Assembly of the United Nations terminated the Mandate of South Africa over South West Africa and assumed direct responsibility for the Territory until its independence,

Reaffirming the inalienable right of the people and Territory of South West Africa to freedom and independence in accordance with the Charter of the United Nations and with the provisions of General Assembly resolution 1514 (XV) of 14 December 1960,

Mindful that Member States shall fulfil all their obligations as set forth in the Charter,

Distressed by the fact that the Government of South Africa has failed to comply with Security Council resolution 245 (1968),

Taking into account the memorandum of the United Nations Council for South West Africa of 25 January 1968^[1] on the illegal detention and trial of the South West Africans concerned and the letter of 10 February 1968 from the President of the United Nations Council for South West Africa,^[2]

Reaffirming that the continued detention and trial and subsequent sentencing of the South West Africans constitute and illegal act and a flagrant violation of the rights of the South West Africans concerned, the Universal Declaration of Human Rights and the international status of the Territory now under direct United Nations responsibility,

Cognizant of its special responsibility towards the people and Territory of South West Africa,

1. Censures the Government of South Africa for its flagrant defiance of Security Council resolution 245 (1968) as well as of the authority of the United Nations which South Africa is a Member;

2. Demands that the Government of South Africa release and repatriate forthwith the South West Africans concerned;

3. Calls upon States Members of the United Nations to co-operate with the Security council, in pursuance of their obligations under the Charter, in order to obtain compliance by the Government of South Africa with the provisions of the present resolution;

4. Urges Member States who are in a position to contribute to the implementation of the present resolution to assist the Security Council in order to obtain compliance by the Government of South Africa with the provisions of the present resolution;

5. Decides that in the event of failure on the part of the Government of South Africa to comply with the provisions of the present resolution, the Security Council will meet immediately to determine effective steps or measures in conformity with the relevant provisions of the Charter of the United Nations;

6. Requests the Secretary-General to follow closely the implementation of the present resolution and to report thereon to the Security Council not later than 31 March 1968;

7. Decides to remain actively seized of the matter.

Adopted unanimously at the 1387th meeting.

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1 Ibid., document S/8353/Add.1.

2 Ibid., document S/8394.