Question of Namibia : A Situation in Namibia resulting from the illegal occupation of the Territory by South Africa
Publisher | UN General Assembly |
Author | UN General Assembly |
Publication Date | 17 November 1988 |
Citation / Document Symbol | A/RES/43/26 |
Reference | 54th plenary meeting |
Cite as | UN General Assembly, Question of Namibia : A Situation in Namibia resulting from the illegal occupation of the Territory by South Africa, 17 November 1988, A/RES/43/26, available at: https://www.refworld.org/docid/3b00f2200.html [accessed 24 May 2023] |
The General Assembly,
Recalling its resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples,
Recalling also its resolution 2145 (XXI) of 27 October 1966, by which it terminated the Mandate of South Africa over Namibia and placed the Territory under the direct responsibility of the United Nations,
Recalling further its resolution 2248 (S-V) of 19 May 1967, by which it established the United Nations Council for Namibia as the legal Administering Authority for Namibia until independence,
Having examined the report of the United Nations Council for Namibia,
Having examined also the relevant chapter of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples,
Recalling other resolutions and decisions declaring the illegality of the continued occupation of Namibia by South Africa, in particular Security Council resolutions 284 (1970) of 29 July 1970 and 30l (1971) of 20 October 1971, and the advisory opinion of the International Court of Justice of 21 June 1971,
Recalling its resolutions 3111 (XXVIII) of 12 December 1973 and 31/146 and 31/152 of 20 December 1976, by which, inter alia, it recognized the South West Africa People's Organization as the sole and authentic representative of the Namibian people and granted observer status to it,
Recalling also its resolutions ES-8/2 of 14 September 1981 and 36/121 B of 10 December 1981, by which it called upon States to cease forthwith, individually and collectively, all dealings with South Africa in order totally to isolate it politically, economically, militarily and culturally,
Recalling further the debates held at its special session on the question of Namibia and its resolution S-14/1 of 20 September 1986, adopted at that session,
Taking note of debates held by the Security Council from 28 to 30 October 1987 on the question of Namibia, and of its resolution 601 (1987) of 30 October 1987,
Welcoming the final documents and communiques of the Assembly of Heads of State and Government of the Organization of African Unity at its twenty-fourth ordinary session, held at Addis Ababa from 25 to 28 May 1988, the Fifth Islamic Summit Conference, held at Kuwait from 26 to 29 January 1987, the Conference of Foreign Ministers of Non-Aligned Countries, held at Nicosia from 7 to 10 September 1988, the Council of Ministers of the Organization of African Unity at its forty-seventh and forty-eighth ordinary sessions, held at Addis Ababa from 22 to 27 February 1988 and from 19 to 23 May 1988, respectively, the Seminar on the International Responsibility for Namibia's Independence, held at Istanbul, Turkey, from 21 to 25 March 1988, and the Seminar on Efforts to Implement the United Nations Plan for the Independence of Namibia, held at Toronto, Canada, from 7 to 11 September 1988,
1. Approves the report of the United Nations Council for Namibia;
2. Reaffirms the inalienable right of the people of Namibia to self-determination, freedom and national independence in a united Namibia, in accordance with the Charter of the United Nations and as recognized by the General Assembly in its resolutions 1514 (XV) and 2145 (XXI) and in subsequent resolutions of the Assembly relating to Namibia;
3. Strongly condemns the South African regime for its continued illegal occupation of Namibia in defiance of the resolutions of the United Nations relating to Namibia;
4. Declares that South Africa's illegal occupation of Namibia constitutes an act of aggression against the Namibian people in terms of the Definition of Aggression contained in General Assembly resolution 3314 (XXIX) of 14 December 1974, and supports the legitimate struggle of the Namibian people by all means at their disposal, under the leadership of the South West Africa People's Organization, to repel South Africa's aggression and to achieve self-determination, freedom and national independence in a united Namibia;
5. Declares also that the liberation struggle in Namibia is a conflict of an international character in terms of article 1, paragraph 4, of Additional Protocol I to the Geneva Conventions of 12 August 1949, and demands that South Africa accord prisoner-of-war status to all captured freedom fighters as called for by the Geneva Convention relative to the Treatment of Prisoners of War and the Additional Protocol thereto;
6. Reiterates that, in accordance with its resolution 2145 (XXI), Namibia is the direct responsibility of the United Nations until genuine self-determination and national independence are achieved in the Territory and reaffirms the mandate of the United Nations Council for Namibia as the legal Administering Authority for Namibia until independence under its resolution 2248 (S-V) and subsequent resolutions of the General Assembly;
7. Reaffirms its decision that the United Nations Council for Namibia, in pursuance of its mandate, should proceed to establish its administration in Namibia with a view to terminating racist South Africa's illegal occupation of the Territory;
8. Also reaffirms that the South West Africa People's Organization, the national liberation movement of Namibia, is the sole and authentic representative of the Namibian people and only with its direct and full participation can the genuine independence of Namibia be achieved;
9. Solemnly reaffirms that Namibia's independence must be with its territorial integrity intact, including Walvis Bay, the Penguin Islands and other offshore islands, and reiterates that, in accordance with the resolutions of the United Nations, any attempt by South Africa to annex them is, therefore, illegal, null and void;
10. Calls upon the Security Council to declare categorically that Walvis Bay is an integral part of Namibia and that the question should not be left as a matter for negotiation between an independent Namibia and South Africa;
11. Reaffirms its solidarity with, and support for, the South West Africa People's Organization, the sole and authentic representative of the Namibian people, and pays tribute to that organization for the sacrifices that it has made in the field of battle and also for the spirit of statesmanship, co-operation and far-sightedness that it has displayed in the political and diplomatic arena despite the most extreme provocations on the part of the racist Pretoria regime;
12. Commends the South West Africa People's Organization for its continued intensification of the struggle on all fronts, including the armed struggle, and for its commitment to embrace all Namibian patriots in an effort further to strengthen national unity so as to ensure the territorial integrity and sovereignty of a united Namibia, and welcomes the consolidation of unity in action by the patriotic forces in Namibia, as clearly demonstrated by the combined actions of workers, youth, students, parents, churches and various professional organizations during this critical phase of their struggle for national and social liberation;
13. Reaffirms that the United Nations plan for the independence of Namibia, embodied in Security Council resolutions 385 (1976) of 30 January 1976 and 435 (1978) of 29 September 1978, is the only internationally accepted basis for a peaceful settlement of the Namibian question and demands its immediate implementation without pre-condition or modification;
14. Strongly condemns South Africa for obstructing the implementation of the resolutions of the United Nations, in particular Security Council resolutions 385 (1976), 435 (1978), 439 (1978) of 13 November 1978, 532 (1983) of 31 May 1983, 539 (1983) of 28 October 1983, 566 (1985) of 19 June 1985 and 601 (1987), and for its manoeuvres, in contravention of these resolutions, designed to consolidate its colonial and neo-colonial interests at the expense of the legitimate aspirations of the Namibian people for genuine self-determination, freedom and national independence in a united Namibia;
15. Expresses its dismay at the failure to date of the Security Council to discharge effectively its responsibilities for the maintenance of peace and security in southern Africa, owing to the vetoes of two of its Western permanent members;
16. Urges the Security Council to act decisively in fulfilment of the direct responsibility of the United Nations over Namibia and to take, without further delay, appropriate action to ensure that the United Nations plan, as embodied in Council resolution 435 (1978), is not undermined or modified in any way and that it is fully respected and implemented;
17. Reiterates its conviction that racist South Africa's continued illegal occupation of Namibia, its defiance of the resolutions of the United Nations, its brutal repression of the Namibian people, its acts of destabilization and aggression against independent African States and its policies of apartheid constitute a threat to international peace and security;
18. Denounces all fraudulent constitutional and political schemes by which the illegal racist regime of South Africa attempts to perpetuate its colonial domination of Namibia, and, in particular, calls upon the international community to refrain from according any recognition or extending any co-operation to any regime imposed by the illegal South African administration upon the Namibian people in violation of Security Council resolutions 385 (1976), 435 (1978), 439 (1978), 532 (1983), 539 (1983), 566 (1985) and 601 (1987) and of other relevant resolutions of the General Assembly and of the Council;
19. Strongly condemns the Pretoria regime for the imposition of the so-called interim government in Namibia on 17 June 1985, declares this measure null and void and affirms that it constitutes a direct affront and a clear defiance of the resolutions of the Security Council, particularly resolutions 435 (1978) and 439 (1978), and further affirms that this manoeuvre by South Africa of creating puppet institutions subservient to the interests of the racist regime is intended to consolidate Pretoria's colonial stranglehold over Namibia and to prolong the oppression of the Namibian people;
20. Reiterates that there are only two parties to the conflict in Namibia, namely, the Namibian people represented by the South West Africa People's Organization, their sole and authentic representative, and the racist regime of South Africa, which illegally occupies Namibia;
21. Strongly rejects and condemns the persistent attempts made by the Pretoria regime and its ally to establish a "linkage" between the implementation of Security Council resolution 435 (1978) and extraneous and irrelevant issues, particularly the presence of Cuban forces in Angola, which is a ploy intended to delay the independence of Namibia and to jeopardize the responsibility of the United Nations for this Territory and constitutes interference in the internal affairs of that independent and sovereign State;
22. Expresses its appreciation to the front-line States and the South West Africa People's Organization for their statesmanlike and constructive attitude in the efforts aimed at implementing Security Council resolution 435 (1978);
23. Rejects all attempts to distort the question of Namibia by portraying it as part of a global East-West confrontation rather than one of decolonization that must be resolved in accordance with the provisions of the Charter and the Declaration on the Granting of Independence to Colonial Countries and Peoples;
24. Firmly condemns and rejects the policy of "constructive engagement", which encourages the racist regime of South Africa to continue its defiance of the decisions of the international community on Namibia, and its policy of apartheid, which is a crime against humanity;
25. Strongly condemns the continuing collaboration between South Africa and certain Western and other States in the political, economic, diplomatic, military, cultural and financial fields, and expresses its conviction that such collaboration helps to prolong South Africa's domination and control over the people and Territory of Namibia;
26. Deplores, in this context, the establishment and operation by racist South Africa of the so-called Namibia information offices in France, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland and the United States of America, aimed at legitimizing its puppet institutions in Namibia, in particular the so-called interim government for which the racist regime has been condemned by the Security Council and the international community, and demands their immediate closure;
27. Strongly condemns also the sinister and slanderous campaign of disinformation by the racist regime of South Africa and its agents, including the so-called International Society for Human Rights, against the just struggle of the Namibian people for self-determination and national independence;
28. Notes with appreciation the measures taken by some States, international organizations, parliamentarians, institutions and non-governmental organizations to exert pressure on the racist regime of South Africa and calls upon them to redouble and intensify their efforts to force the racist regime to comply with the resolutions and decisions of the United Nations relating to Namibia and South Africa;
29. Calls once again upon all Governments, especially those that have close links with South Africa, to support, in co-operation with the United Nations Council for Namibia, the actions of the United Nations to defend the national rights of the Namibian people until independence and to isolate the racist regime of South Africa;
30. Urges Governments that have in the past used their veto or cast negative votes in the Security Council in regard to the question of the imposition of comprehensive and mandatory sanctions against South Africa to support and respond positively to the international call to isolate racist South Africa;
31. Calls upon the members of the European Economic Community to strengthen and extend, as a matter of urgency, the economic sanctions that they have imposed on the Pretoria regime, so as to include their application to illegally occupied Namibia;
32. Calls upon the Government of the Federal Republic of Germany, as a measure of its recognition of the direct responsibility of the United Nations over Namibia and the United Nations Council for Namibia as the sole legal Administering Authority for the Territory until independence, to discontinue all programmes of development aid and assistance to illegally occupied Namibia, and urges all States to consult the United Nations Council for Namibia regarding any such assistance, in order to ensure that it will not prolong the illegal occupation of Namibia by the Pretoria regime and the colonial institutions in the Territory;
33. Strongly condemns South Africa for its use of mercenaries to suppress the Namibian people and to carry out its military attacks against independent African States, and reiterates its call upon all States to take legislative and other appropriate measures to prohibit the recruitment, training, financing and transit of mercenaries for service in Namibia;
34. Strongly condemns South Africa for its military buildup in Namibia, its imposition of military conscription of all Namibian males between seventeen and fifty-five years of age into the occupying colonial army, its forcible displacement of Namibians from their homes and its proclamation of a so-called security zone in Namibia, and declares that all such measures taken by racist South Africa are illegal, null and void;
35. Demands once again that South Africa immediately release all Namibian political prisoners, including all those imprisoned or detained under the so-called internal security laws, martial law or any other arbitrary measures, whether such Namibians have been charged or tried or are being held without charge in Namibia or South Africa;
36. Demands that South Africa account for all "disappeared" Namibians and declares that South Africa shall be liable to compensate the victims, their families and the future lawful Government of an independent Namibia for the losses sustained;
37. Calls upon Member States to render sustained and increased support, as well as material, financial, military and other assistance, to the South West Africa People's Organization so as to enable it to intensify its struggle for the liberation of Namibia;
38. Calls upon the specialized agencies and other organizations of the United Nations system to render sustained and increased material, financial and other assistance to the South West Africa People's Organization so as to enable it to intensify its struggle for the liberation of Namibia;
39. Urges all Governments and the specialized agencies and other intergovernmental organizations to provide increased material assistance to the thousands of Namibian refugees who have been forced by the oppressive policies of the apartheid regime to flee Namibia, especially into the neighbouring front-line States;
40. Reaffirms its conviction that the solidarity and support of the front-line States for the Namibian cause continue to be factors of paramount importance in the efforts to bring genuine independence to the Territory;
41. Strongly condemns the racist regime of South Africa for its utilization of the illegally occupied international Territory of Namibia as a springboard for perpetrating armed invasions, subversion, destabilization and aggression against neighbouring African States, in particular Angola;
42. Denounces the acts of aggression by the racist regime against Angola, Botswana, Mozambique, Zambia and Zimbabwe, declares that the Pretoria regime's policy of aggression and destabilization not only undermines the peace and stability of the southern African region but also constitutes a threat to international peace and security, and calls upon South Africa to cease all acts of aggression against the neighbouring African States;
43. Strongly urges the international community to increase, as a matter of urgency, humanitarian assistance and financial, material, military and political support to the front-line States so as to enable them to resolve their own economic difficulties, which are largely a consequence of the Pretoria regime's policies of aggression and subversion, and to defend themselves better against South Africa's persistent attempts to destabilize them;
44. Requests Member States urgently to extend all necessary assistance to Angola and other front-line States in order to enable them to strengthen their defence capacities against acts of aggression by South Africa;
45. Expresses its grave concern at the acquisition of nuclear-weapon capability by the racist regime of South Africa and declares that such acquisition constitutes a threat to peace and security in Africa while posing a danger to all mankind;
46. Condemns, and calls for an immediate end to, the continuing military collaboration on the part of certain Western countries with the racist regime of South Africa, and expresses its conviction that such collaboration, in addition to strengthening the aggressive military machinery of the Pretoria regime, thereby constituting a hostile action against the people of Namibia and the front-line States, is also in violation of the arms embargo imposed against South Africa under Security Council resolution 418 (1977) of 4 November 1977;
47. Declares that such collaboration encourages the Pretoria regime in its defiance of the international community and obstructs efforts to eliminate apartheid and bring South Africa's illegal occupation of Namibia to an end, and calls for the immediate cessation of such collaboration;
48. Calls upon the Security Council to adopt the necessary measures to tighten the arms embargo imposed against South Africa under Council resolution 418 (1977), to ensure its application to illegally occupied Namibia and to ensure strict compliance with the embargo by all States;
49. Further calls upon the Security Council to implement, as a matter of urgency, the recommendations contained in the report of the Security Council Committee established in pursuance of Council resolution 421 (1977) of 9 December 1977;
50. Condemns all collaboration with the Pretoria regime in the nuclear field, and calls upon all States that do so to terminate such collaboration, including refraining from supplying the racist minority regime of South Africa, directly or indirectly, with installations, equipment or material that might enable it to produce uranium, plutonium or other nuclear materials or reactors;
51. Endorses the decision taken by the United Nations Council for Namibia that it will, in the exercise of its rights under the United Nations Convention on the Law of the Sea, proclaim an exclusive economic zone for Namibia, the outer limit of which shall be 200 miles, and states that any action for the implementation of that decision should be taken in consultation with the South West Africa People's Organization, the representative of the Namibian people;
52. Reaffirms that the natural resources of Namibia, including its marine resources, are the inviolable heritage of the Namibian people, and expresses its deep concern at the depletion of these resources, particularly its uranium deposits, as a result of their plunder by South Africa and certain Western and other foreign economic interests, in violation of the pertinent resolutions of the General Assembly and of the Security Council, of Decree No. 1 for the Protection of the Natural Resources of Namibia, enacted by the United Nations Council for Namibia on 27 September 1974, and in disregard of the advisory opinion of the International Court of Justice of 21 June 1971;
53. Declares that all activities of foreign economic interests in Namibia are illegal under international law and that all the foreign economic interests operating in Namibia are liable to pay damages to the future legitimate Government of an independent Namibia;
54. Calls upon the United Nations Council for Namibia, in pursuance of the relevant provisions of Decree No. 1 for the Protection of the Natural Resources of Namibia, to continue to take the necessary steps to compile statistical information on the wealth illegally extracted from Namibia with a view to assessing the extent of compensation eventually due to an independent Namibia;
55. Strongly condemns the activities of all foreign economic interests operating in Namibia which are illegally exploiting the resources of the Territory, and demands that these interests comply with all the relevant resolutions and decisions of the United Nations by immediately withdrawing from the Territory and by putting an end to their co-operation with the illegal South African administration;
56. Declares that, by their incessant exploitation of the human and natural resources of the Territory and their continued accumulation and repatriation of huge profits, the foreign economic, financial and other interests operating in Namibia constitute a major obstacle to its independence;
57. Once again requests all Member States, particularly those States whose corporations are engaged in the exploitation of Namibian resources, to take all appropriate measures, including legislative and enforcement action, to ensure the full application of, and compliance by all corporations and individuals within their jurisdiction with, the provisions of Decree No. 1 for the Protection of the Natural Resources of Namibia;
58. Calls upon the Governments of all States, particularly those whose corporations are involved in the mining and processing of Namibian uranium, to take all appropriate measures in compliance with resolutions and decisions of the United Nations and Decree No. 1 for the Protection of the Natural Resources of Namibia, including the practice of requiring negative certificates of origin, to prohibit State-owned and other corporations, together with their subsidiaries, from dealing in Namibian uranium and from engaging in any uranium-prospecting activities in Namibia;
59. Reiterates its approval of the initiation by the United Nations Council for Namibia of legal proceedings in the domestic courts of States against corporations or individuals involved in the exploitation, transport, processing or purchase of Namibia's natural resources, as part of its efforts to give effect to Decree No. 1 for the Protection of the Natural Resources of Namibia;
60. Requests the Governments of the Federal Republic of Germany, the Netherlands and the United Kingdom of Great Britain and Northern Ireland, which operate the Urenco uranium-enrichment plant, to have Namibian uranium specifically excluded from the Treaty of Almelo, which regulates the activities of Urenco;
61. Urges the United Nations Council for Namibia, in its capacity as the legal Administering Authority for Namibia until independence, to consider the promulgation of additional legislation in order to protect and promote the interests of the people of Namibia and to implement effectively all its legislation;
62. Calls upon all specialized agencies, in particular the International Monetary Fund, to ensure the termination of all collaboration with, and assistance to, the racist regime of South Africa, since such assistance serves to augment the military capability of the Pretoria regime, thus enabling it not only to continue the brutal repression in Namibia and South Africa itself, but also to commit acts of aggression against independent neighbouring States;
63. Requests all States that have not already done so, pending the imposition of comprehensive and mandatory sanctions against South Africa, to take legislative, administrative and other measures individually and collectively, as appropriate, in order effectively to isolate South Africa politically, economically, militarily and culturally, in accordance with General Assembly resolutions ES-8/2 and 36/121 B, and its resolution 37/233 A of 20 December 1982;
64. Requests the United Nations Council for Namibia, in its implementation of paragraph 15 of General Assembly resolution ES-8/2 and of the relevant provisions of Assembly resolutions 36/121 B and 37/233 A, to continue to monitor the boycott of South Africa and to submit to the Assembly at its forty-fourth session a comprehensive report on all contacts between Member States and South Africa containing an analysis of the information received from Member States and other sources on the continuing political, economic, financial and other relations of States and their economic and other interest groups with South Africa and of measures taken by States to terminate all dealings with the racist regime of South Africa;
65. Requests all States to co-operate fully with the United Nations Council for Namibia in the fulfilment of its task concerning the implementation of General Assembly resolutions ES-8/2, 36/121 B and 37/233 A and to report to the Secretary-General by the forty-fourth session of the Assembly on the measures taken by them in the implementation of those resolutions;
66. Strongly urges the Security Council, in view of the persistent refusal by the racist regime of South Africa to comply with the resolutions and decisions of the United Nations on the question of Namibia, particularly Council resolutions 385 (1976), 435 (1978), 539 (1983) and 566 (1985), and, in the light of the serious threat to international peace and security posed by South Africa, to impose comprehensive and mandatory sanctions against that regime as provided for in Chapter VII of the Charter;
67. Expresses its appreciation to the Secretary-General for his personal commitment to Namibia's independence and for his efforts aimed at the implementation of resolutions and decisions of the United Nations on the question of Namibia, particularly Security Council resolution 435 (1978), and urges him to continue those efforts;
68. Requests the Secretary-General to report to the General Assembly at its forty-fourth session on the implementation of the present resolution.
B Implementation of Security Council resolution 435 (1978)
The General Assembly,
Noting that the Secretary-General has reported that all the necessary conditions for the implementation of Security Council resolution 435 (1978) of 29 September 1978 have already been fulfilled,
Indignant that ten years after the adoption of Security Council resolution 435 (1978) the Namibian people have not yet exercised their right to self-determination and attained independence;
Expressing grave concern at the lack of progress in implementing Security Council resolution 435 (1978), as indicated in the further reports of the Secretary-General dated 29 December 1983, 6 June 1985, 6 September 1985, 26 November 1985, 31 March 1987 and 27 October 1987 concerning the implementation of Council resolution 435 (1978) and resolution 439 (1978) of 13 November 1978,
Recalling Security Council resolution 601 (1987) of 30 October 1987 by which the Council, inter alia, decided to authorize the Secretary-General to proceed to arrange a cease-fire between South Africa and the South West Africa People's Organization in order to undertake the administrative and other practical steps necessary for the emplacement of the United Nations Transition Assistance Group,
1. Reiterates that Security Council resolutions 385 (1976) of 30 January 1976 and 435 (1978), embodying the United Nations plan for the independence of Namibia, constitute the only internationally accepted basis for a peaceful settlement of the question of Namibia and demands their immediate and unconditional implementation;
2. Strongly condemns racist South Africa for obstructing the implementation of Security Council resolutions 385 (1976), 435 (1978), 439 (1978), 532 (1983) of 31 May 1983, 539 (1983) of 28 October 1983, 566 (1985) of 19 June 1985 and 601 (1987);
3. Demands that South Africa urgently comply fully and unconditionally with the resolutions of the Security Council, in particular resolutions 385 (1976) and 435 (1978) and subsequent resolutions of the Council relating to Namibia;
4. Emphasizes once again that the only parties to the conflict in Namibia are, on the one hand, the Namibian people represented by the South West Africa People's Organization, their sole and authentic representative, and, on the other, the racist regime of South Africa which illegally occupies the Territory;
5. Strongly condemns the racist regime of South Africa for the installation of a so-called interim government in Namibia on 17 June 1985, in defiance of resolutions and decisions of the United Nations, and declares this measure null and void, and reiterates its call upon the international community to continue to refrain from according any recognition or extending any co-operation to any regime imposed by the illegal South African administration upon the Namibian people;
6. Firmly rejects and condemns the persistent attempts to establish a "linkage" or "parallelism" between the independence of Namibia and any extraneous and irrelevant issues, in particular the presence of Cuban forces in Angola, and emphasizes unequivocally that all such attempts are designed to delay further the independence of Namibia in accordance with Security Council resolution 435 (1978), and that they constitute a gross and unwarranted interference in the internal affairs of Angola;
7. Urgently calls upon the international community to act resolutely against the intransigent stance of the Pretoria regime, and stresses the responsibility of the Security Council concerning the implementation of its resolutions on Namibia in view of the threat to regional and international peace and security created by the racist regime of South Africa;
8. Notes with satisfaction the statement by the Security Council on the occasion of the tenth anniversary of the adoption of resolution 435 (1978) in which the members of the Council, inter alia, strongly urged South Africa to comply forthwith with the resolutions and decisions of the Security Council, particularly resolution 435 (1978), and to co-operate with the Secretary-General in its immediate, full and definitive implementation;
9. Expresses its appreciation to the Secretary-General for his personal commitment to the independence of Namibia and for his efforts aimed at the implementation of resolutions and decisions of the United Nations on the question of Namibia, particularly Security Council resolution 435 (1978), and urges him to continue those efforts;
10. Requests the Secretary-General to report to the General Assembly at its forty-fourth session on the implementation of the present resolution.
C Programme of work of the United Nations Council for Namibia
The General Assembly,
Having examined the report of the United Nations Council for Namibia,
Convinced of the need for continued consultations with the South West Africa People's Organization in the formulation and implementation of the programme of work of the United Nations Council for Namibia, as well as in any matter of interest to the Namibian people,
1. Approves the report of the United Nations Council for Namibia, including the recommendations contained therein, and decides to make adequate financial provision for their implementation;
2. Decides that the United Nations Council for Namibia, in the discharge of its responsibilities as the legal Administering Authority for Namibia until independence, shall:
(a) Continue to mobilize international support in order to press for the speedy withdrawal of the illegal South African administration from Namibia in accordance with the resolutions of the United Nations relating to Namibia;
(b) Counter the policies of South Africa against the Namibian people and the United Nations, as well as against the United Nations Council for Namibia as the legal Administering Authority for Namibia;
(c) Denounce and seek the rejection by all States of all kinds of schemes through which South Africa attempts to perpetuate its illegal presence in Namibia;
(d) Ensure non-recognition of any administration or entity installed in Namibia not ensuing from free elections conducted under the supervision and control of the United Nations, in accordance with the relevant resolutions of the Security Council, in particular resolutions 385 (1976) of 30 January 1976, 435 (1978) of 29 September 1978, 439 (1978) of 13 November 1978, 532 (1983) of 31 May 1983, 539 (1983) of 28 October 1983, 566 (1985) of 19 June 1985, and 601 (1987) of 30 October 1987;
(e) Make a concerted effort to counter the attempts to establish a "linkage" or "parallelism" between the independence of Namibia and extraneous issues, such as the withdrawal of Cuban forces from Angola;
3. Decides that the United Nations Council for Namibia shall hold extraordinary plenary meetings in Latin America or southern Africa and that such meetings shall be provided with verbatim records;
4. Decides that the United Nations Council for Namibia shall send missions of consultation to Governments in order to co-ordinate efforts for the implementation of resolutions of the United Nations on the question of Namibia and to mobilize support for the Namibian cause;
5. Decides further that the United Nations Council for Namibia shall represent Namibia at United Nations conferences and meetings of intergovernmental and non-governmental organizations, bodies and conferences to ensure that the rights and interests of Namibia shall be adequately protected;
6. Decides that Namibia, represented by the United Nations Council for Namibia, shall participate as a full member in all conferences and meetings organized by the United Nations to which all States or, in the case of regional conferences and meetings, all African States are invited;
7. Requests all committees and other subsidiary bodies of the General Assembly and of the Economic and Social Council to continue to invite the United Nations Council for Namibia to participate whenever the rights and interests of Namibians are discussed, and to consult closely with the United Nations Council for Namibia before submitting any draft resolution that may involve such rights and interests;
8. Reiterates its request to all specialized agencies and other organizations of the United Nations system to grant full membership to Namibia, represented by the United Nations Council for Namibia, so that the Council may participate as the legal Administering Authority for Namibia in the work of those agencies and organizations;
9. Reiterates its request to all specialized agencies and other organizations of the United Nations system that have not yet done so to grant a waiver of the assessment of Namibia during the period in which it is represented by the United Nations Council for Namibia;
10. Again requests all intergovernmental organizations, bodies and conferences to ensure that the rights and interests of Namibia are protected and to invite Namibia, represented by the United Nations Council for Namibia, to participate as a full member, whenever such rights and interests are involved;
11. Requests the United Nations Council for Namibia, in its capacity as the legal Administering Authority for Namibia, to accede to any international conventions as it may deem appropriate in close consultation with the South West Africa People's Organization;
12. Decides that the United Nations Council for Namibia shall:
(a) Consult regularly with the leaders of the South West Africa People's Organization by inviting them to New York and by sending high-level missions to the provisional headquarters of that organization, which will visit Namibian refugee centres whenever necessary;
(b) Prepare and publish reports on the political, economic, military, legal and social situation in and relating to Namibia;
(c) Review the progress of the liberation struggle in Namibia in its political, military and social aspects and prepare comprehensive and analytical periodic reports related thereto;
(d) Review the compliance of Member States with the relevant resolutions and decisions of the United Nations relating to Namibia and, taking into account the advisory opinion of the International Court of Justice of 21 June 1971, prepare annual reports on the subject with a view to recommending appropriate policies to the General Assembly, in order to counter the support that some States give to the illegal South African administration in Namibia;
(e) Continue taking measures to ensure the full implementation of Decree No. l for the Protection of the Natural Resources of Namibia, including legal proceedings in the domestic courts of States, in accordance with paragraph 59 of resolution 43/26 A;
(f) Consider the illegal activities of foreign economic interests, particularly the transnational corporations operating in Namibia, including the exploitation of and trade in Namibian uranium, with a view to recommending appropriate policies to the General Assembly, in order to put an end to such activities;
(g) Take measures to ensure the closure of the so-called information offices created by the illegal South African occupation regime in certain Western countries for promoting its puppet institutions in Namibia, in violation of resolutions and decisions of the United Nations on the question of Namibia;
(h) Notify the Governments of States whose corporations, whether public or private, operate in Namibia of the illegality of such operations and urge them to take measures to end such operations;
(i) Consider sending missions of consultation to Governments of States whose corporations have investments in Namibia in order to persuade them to take all possible measures to terminate such investments;
(j) Contact institutions and municipalities to encourage them to divest themselves of their investments in Namibia and South Africa;
(k) Contact specialized agencies and other international institutions associated with the United Nations, in particular the International Monetary Fund, with a view to protecting Namibia's interests;
(l) Draw the attention of States, the specialized agencies and private corporations to Decree No. 1 for the Protection of the Natural Resources of Namibia, with a view to ensuring their compliance with the Decree;
(m) Organize international and regional activities, as required, in order to obtain relevant information on all aspects of the situation in and relating to Namibia, in particular the exploitation of the people and resources of Namibia by South African and other foreign economic interests, and to expose such activities, with a view to intensifying active support for the Namibian cause;
(n) Secure the territorial integrity of Namibia as a unitary State, including Walvis Bay, the Penguin Islands and other offshore islands of Namibia;
13. Decides to make adequate financial provision in the section of the programme budget of the United Nations relating to the United Nations Council for Namibia for the financing of the office of the South West Africa People's Organization in New York, in order to ensure appropriate representation of the people of Namibia at the United Nations through the South West Africa People's Organization;
14. Decides to continue to defray the expenses of representatives of the South West Africa People's Organization, whenever the United Nations Council for Namibia so decides;
15. Requests the United Nations Council for Namibia to continue to consult with the South West Africa People's Organization in the formulation and implementation of its programme of work, as well as on all matters of interest to the Namibian people;
16. Requests the United Nations Council for Namibia to facilitate the participation of the liberation movements recognized by the Organization of African Unity in meetings of the Council away from United Nations Headquarters, whenever such participation is deemed necessary;
17. Decides that, in order to expedite the training of the personnel required for an independent Namibia, qualified Namibians should be given opportunities to develop further their skills in the work of the United Nations Secretariat and the specialized agencies and other organizations of the United Nations system, and authorizes the United Nations Council for Namibia, in consultation with the South West Africa People's Organization, to take, on an urgent basis, necessary action towards that end;
18. Takes note of the consolidation of the Office of the United Nations Commissioner for Namibia and the secretariat of the United Nations Council for Namibia and in this regard requests the Secretary-General, in consultation with the President of the United Nations Council for Namibia, to ensure that the Council is provided with adequate secretariat assistance to help it to continue to discharge fully and effectively all tasks and functions arising out of its mandate.
D Dissemination of information and mobilization of international public opinion in support of the immediate independence of Namibia
The General Assembly,
Gravely concerned at the total black-out of news on Namibia imposed by the illegal regime of South Africa, in particular regarding the increased repression of the Namibian people by that regime,
Gravely concerned at the campaign of slander and disinformation against the United Nations and the liberation struggle of the Namibian people for self-determination and national independence led by the South West Africa People's Organization, their sole and authentic representative,
Stressing the urgent need to mobilize international public opinion on a continuous basis with a view to assisting effectively the people of Namibia in the achievement of self-determination, freedom and independence in a united Namibia and, in particular, to intensify the world-wide and continuous dissemination of information on the struggle for liberation being waged by the people of Namibia under the leadership of the South West Africa People's Organization,
Reiterating the importance of intensifying publicity on all aspects of the question of Namibia as an instrument for furthering the mandate given by the General Assembly to the United Nations Council for Namibia,
Recognizing the important role that non-governmental organizations are playing in the dissemination of information on Namibia and in the mobilization of international public opinion in support of the immediate independence of Namibia,
1. Requests the United Nations Council for Namibia, in co-operation with the Department of Public Information of the Secretariat and in consultation with the South West Africa People's Organization, the sole and authentic representative of the Namibian people, in pursuance of its international campaign in support of the struggle of the Namibian people for national independence:
(a) To continue to consider effective ways and means of increasing the dissemination of information relating to Namibia in order to intensify the international campaign in favour of the cause of Namibia;
(b) To focus its activities towards greater mobilization of public opinion in Western countries, particularly the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Federal Republic of Germany, as well as in Japan;
(c) To counteract the total news black-out on Namibia imposed by the illegal South African regime, which forbids foreign journalists from entering and reporting from the Territory;
(d) To intensify the international campaign for the imposition of comprehensive and mandatory sanctions against South Africa under Chapter VII of the Charter of the United Nations;
(e) To organize an international campaign to boycott products from Namibia and South Africa, in co-operation with non-governmental organizations;
(f) To expose and denounce collaboration with the racist regime of South Africa in all fields;
(g) To organize exhibitions on Namibia and the struggle of the Namibian people for independence;
(h) To prepare and disseminate publications on the political, economic, military and social consequences of the illegal occupation of Namibia by South Africa, on legal matters, on the question of the territorial integrity of Namibia and on contacts between Member States and South Africa;
(i) To prepare periodic reports on the brutalities committed by the racist regime of South Africa against the Namibian people and ensure their widest possible distribution;
(j) To produce and disseminate radio and television programmes designed to draw the attention of world public opinion to the current situation in and around Namibia;
(k) To produce and disseminate, in both the English language and the local languages of Namibia, radio programmes designed to counter the hostile propaganda and disinformation campaign of the racist regime of South Africa;
(l) To produce and disseminate posters;
(m) To ensure full coverage through advertisements in newspapers and magazines, press releases, press conferences and press briefings of all activities of the United Nations regarding Namibia in order to maintain a constant flow of information to the public on all aspects of the question of Namibia;
(n) To prepare and disseminate a thematic atlas on Namibia;
(o) To reproduce and disseminate the comprehensive economic map of Namibia;
(p) To produce and disseminate booklets on the activities of the Council;
(q) To update and disseminate widely a compendium of resolutions of the General Assembly and of the Security Council relating to Namibia and of relevant documents of the Movement of Non-Aligned Countries and the Organization of African Unity, as well as decisions, declarations and communiques of the front-line States on the question of Namibia;
(r) To update, publicize and distribute the indexed reference book on transnational corporations that plunder the human and natural resources of Namibia, and on the profits they extract from the Territory;
(s) To produce and disseminate widely, on a monthly basis, a bulletin containing analytical and updated information intended to mobilize maximum support for the Namibian cause;
(t) To produce and disseminate, on a weekly basis, an information newsletter containing updated information on developments in and relating to Namibia, in support of the Namibian cause;
(u) To acquire books, pamphlets and other materials relating to Namibia for dissemination;
(v) To prepare, in consultation with the South West Africa People's Organization, a list of Namibian political prisoners;
(w) To assist the South West Africa People's Organization in the production and distribution of material on Namibia;
2. Requests the United Nations Council for Namibia to continue to organize, in co-operation with the Department of Public Information, media encounters on developments relating to Namibia, particularly prior to activities of the Council during 1989;
3. Further requests the United Nations Council for Namibia to exert all efforts to counteract the campaign of slander and disinformation against the United Nations and the liberation struggle in Namibia carried out by South African agents from the so-called information offices established in several Western countries;
4. Requests the United Nations Council for Namibia to co-operate closely with relevant intergovernmental organizations, in order to increase the awareness of the international community of the direct responsibility of the United Nations over Namibia and the continued illegal occupation of that Territory by the racist regime of South Africa;
5. Calls upon the United Nations Council for Namibia to continue to co-operate with non-governmental organizations in its efforts to mobilize international public opinion in support of the liberation struggle of the Namibian people, under the leadership of the South West Africa People's Organization;
6. Requests the United Nations Council for Namibia to prepare, update and disseminate lists of non-governmental organizations, in particular those in the major Western countries, in order to ensure better co-operation and co-ordination among non-governmental organizations working in support of the Namibian cause and against apartheid;
7. Requests the United Nations Council for Namibia to organize workshops for non-governmental organizations, parliamentarians, trade unionists, academics and media representatives at which the participants will consider how they can contribute to the implementation of the decisions of the United Nations relating to the dissemination of information on Namibia;
8. Decides to allocate the sum of $500,000 to be used by the United Nations Council for Namibia for its programme of co-operation with non-governmental organizations, including support to conferences and workshops in solidarity with Namibia arranged by those organizations, dissemination of conclusions of such conferences and workshops and support to such other activities as will promote the cause of the liberation struggle of the Namibian people, subject to decisions to be taken by the Council in each individual case in consultation with the South West Africa People's Organization;
9. Requests the United Nations Council for Namibia to continue to contact and inform leading opinion makers, media leaders, academic institutions, trade unions, legislators and parliamentarians, cultural organizations, support groups and other concerned persons and non-governmental organizations about the objectives and functions of the United Nations Council for Namibia and the struggle of the Namibian people under the leadership of the South West Africa People's Organization;
10. Requests the United Nations Council for Namibia to co-operate with the specialized agencies and other organizations of the United Nations system in the promotion of a campaign of information on the question of Namibia, in their respective fields;
11. Appeals to non-governmental organizations and associations, institutions, support groups and individuals sympathetic to the Namibian cause:
(a) To increase the awareness of their national communities and legislative bodies concerning South Africa's illegal occupation of Namibia, the liberation struggle being waged by the Namibian people under the leadership of the South West Africa People's Organization, the gross violation of basic human rights by the South African regime in Namibia and the plunder of the Territory's resources by foreign economic interests;
(b) To mobilize in their countries broad public support for the national liberation of Namibia by holding hearings, seminars and public presentations on various aspects of the Namibian question, as well as by producing and distributing pamphlets, films and other information material;
(c) To expose and campaign against the political, economic, financial, military and cultural collaboration of certain Western Governments with the South African regime, as well as official visits to and from South Africa;
(d) To intensify public pressure for the immediate withdrawal from Namibia of foreign economic interests that are exploiting the human and natural resources of the Territory;
(e) To continue and develop campaign and research work, in order to expose the involvement and operations of certain Western-based oil companies in the supply of petroleum products to Namibia and South Africa;
(f) To step up their efforts to persuade universities, local governments, trade unions and churches and other institutions to divest themselves of all investments in firms doing business in Namibia and South Africa;
(g) To intensify the campaign for the immediate and unconditional release of all Namibian political prisoners and detainees and the granting of prisoner-of-war status to all Namibian freedom fighters, in accordance with the Geneva Convention relative to the Treatment of Prisoners of War and the Additional Protocol thereto;
12. Requests Member States to broadcast programmes on their national radio and television networks and to publish material in their official news media about the situation in and around Namibia and the obligation of Governments and peoples to assist in every possible way in the struggle of the Namibian people for independence;
13. Requests all Member States to observe Namibia Day in a befitting manner by giving the widest possible publicity to and ensuring the dissemination of information on the struggle of the people of Namibia, including the issuance of special postage stamps for the occasion;
14. Requests the Secretary-General to direct the Department of Public Information to assist the United Nations Council for Namibia in the implementation of its programme of dissemination of information and to ensure that all activities of the United Nations on dissemination of information on the question of Namibia follow the policy guidelines laid down by the United Nations Council for Namibia as the legal Administering Authority for the Territory;
15. Requests the Secretary-General to continue to assist, as a matter of priority, the United Nations Council for Namibia in the implementation of its programme of dissemination of information;
16. Requests the Secretary-General to provide the United Nations Council for Namibia with the work programme of the Department of Public Information for 1989 covering the activities of dissemination of information on the question of Namibia, followed by periodic reports on the programme undertaken, including details of expenses incurred;
17. Requests the Secretary-General to direct the Department of Public Information to disseminate, in 1989, the list of Namibian political prisoners prepared by the United Nations Council for Namibia in consultation with the South West Africa People's Organization, in order to intensify international pressure for their immediate and unconditional release.
E United Nations Fund for Namibia
The General Assembly,
Having examined the parts of the report of the United Nations Council for Namibia relating to the United Nations Fund for Namibia,
Recalling its resolution 2679 (XXV) of 9 December 1970, by which it established the United Nations Fund for Namibia,
Recalling also its resolution 3112 (XXVIII) of 12 December 1973, by which it appointed the United Nations Council for Namibia trustee of the United Nations Fund for Namibia,
Recalling its resolution 31/153 of 20 December 1976, by which it decided to launch the Nationhood Programme for Namibia,
Recalling further its resolution 34/92 A of 12 December 1979, by which it approved the charter of the United Nations Institute for Namibia, and its resolution 37/233 E of 20 December 1982, by which it approved amendments to the charter,
1. Takes note of the relevant parts of the report of the United Nations Council for Namibia;
2. Decides that the United Nations Council for Namibia shall:
(a) Continue to formulate policies of assistance to Namibians and co-ordinate assistance for Namibia provided by the specialized agencies and other organizations and institutions of the United Nations system;
(b) Continue to act as trustee of the United Nations Fund for Namibia and, in this capacity, administer and manage the Fund;
(c) Continue to provide broad guidelines and formulate principles and policies for the United Nations Institute for Namibia;
(d) Continue to co-ordinate, plan and direct the Nationhood Programme for Namibia, in consultation with the South West Africa People's Organization, with the aim of consolidating all measures of assistance by the specialized agencies and other organizations and institutions of the United Nations system into a comprehensive assistance programme;
(e) Continue to consult with the South West Africa People's Organization in the formulation and implementation of assistance programmes for Namibians;
(f) Report to the General Assembly at its forty-fourth session on the programmes and activities undertaken through the United Nations Fund for Namibia;
3. Decides that the United Nations Fund for Namibia, which comprises the General Account, the United Nations Institute for Namibia Account and the Nationhood Programme Account, shall be the primary source of development assistance to Namibians;
4. Expresses its appreciation to all States, specialized agencies and other organizations of the United Nations system, governmental and non-governmental organizations and individuals that have made contributions to the United Nations Fund for Namibia to support the activities under the General Account, the activities of the United Nations Institute for Namibia and the Nationhood Programme for Namibia, and calls upon them to increase their assistance to Namibians through those channels;
5. Requests the Secretary-General and the President of the United Nations Council for Namibia to intensify appeals to Governments, intergovernmental and non-governmental organizations and individuals for more generous voluntary contributions to the General Account, the Nationhood Programme Account and the United Nations Institute for Namibia Account of the United Nations Fund for Namibia in view of the increased activities undertaken through the Fund for Namibia, and, in this connection, emphasizes the need for contributions in order to increase the number of scholarships awarded to Namibians under the United Nations Fund for Namibia;
6. Invites Governments to appeal once more to their national organizations and institutions for voluntary contributions to the United Nations Fund for Namibia;
7. Decides to allocate as a temporary measure to the United Nations Fund for Namibia the sum of $1.5 million from the regular budget of the United Nations for 1989;
8. Requests the United Nations Commissioner for Namibia, in order to mobilize additional resources, to continue to formulate, in consultation with the South West Africa People's Organization, projects of assistance to the Namibian people to be co-financed by Governments and non-governmental organizations;
9. Requests the specialized agencies and other organizations and institutions of the United Nations system, in the light of the urgent need to strengthen the programmes of assistance to the Namibian people, to make every effort to expedite the execution of projects under the Nationhood Programme for Namibia and other projects in favour of Namibians on the basis of procedures which will reflect the role of the United Nations Council for Namibia as the legal Administering Authority for Namibia;
10. Expresses its appreciation to those specialized agencies and other organizations and institutions of the United Nations system that have contributed to the Nationhood Programme for Namibia, and calls upon them to continue their participation in the Programme by:
(a) Implementing projects approved by the United Nations Council for Namibia;
(b) Planning and initiating new project proposals in co-operation with, and at the request of, the Council;
(c) Allocating funds from their own financial resources for the implementation of the projects approved by the Council;
11. Commends the progress made in the implementation of the pre-independence components of the Nationhood Programme for Namibia, and requests the United Nations Council for Namibia to continue to elaborate and consider policies and contingency plans regarding the transitional and post-independence phases of the Programme;
12. Requests the United Nations Council for Namibia to continue and to intensify its field attachment programme, enabling Namibians trained under various programmes to gain practical on-the-job experience in Governments and institutions in diverse countries, particularly in Africa;
13. Appeals to all Governments, specialized agencies and other organizations and institutions of the United Nations system, non-governmental organizations and individuals to make generous contributions to the United Nations Fund for Namibia in order to support the field attachment programme and to meet its financial requirements;
14. Expresses its appreciation to the United Nations Development Programme for its increased contribution to the financing and administration of the Nationhood Programme for Namibia and the financing of the United Nations Institute for Namibia, and calls upon it to continue to allocate, at the request of the United Nations Council for Namibia, funds from the indicative planning figure for Namibia for the projects under the Nationhood Programme and for the Institute, taking into consideration that Namibia remains a unique responsibility of the United Nations, and to exercise maximum flexibility and understanding in approving projects funded from the indicative planning figure;
15. Expresses its appreciation for the assistance provided by the United Nations Children's Fund, the Office of the United Nations High Commissioner for Refugees and the World Food Programme to Namibian refugees, and requests them to expand their assistance in order to provide for the basic needs of the refugees;
16. Expresses its appreciation to those specialized agencies and other organizations of the United Nations system which have waived agency support costs in respect of projects in favour of Namibians, financed from the United Nations Fund for Namibia and other sources, and urges those that have not yet done so to take appropriate steps in this regard;
17. Decides that Namibians shall continue to be eligible for assistance through the United Nations Educational and Training Programme for Southern Africa and the United Nations Trust Fund for South Africa;
18. Commends the United Nations Institute for Namibia for the effectiveness of its training programmes for Namibians and its research activities on Namibia, which contribute substantially to the struggle for freedom of the Namibian people and to the establishment of an independent State of Namibia;
19. Urges the specialized agencies and other organizations and institutions of the United Nations system to co-operate closely with the United Nations Institute for Namibia in strengthening its programme of activities;
20. Requests the United Nations Council for Namibia, in consultation with the South West Africa People's Organization, to finalize and publish, at an early date, a demographic study of the Namibian population;
21. Requests the Secretary-General to continue to provide the Office of the United Nations Commissioner for Namibia with the necessary resources for the performance of the responsibilities entrusted to it by the United Nations Council for Namibia as the co-ordinating authority for the implementation of the Nationhood Programme for Namibia, as well as other assistance programmes.