Security Council resolution 566 (1985) [Namibia]

Resolution 566 (1985) of 19 June 1985

The Security Council,

Having considered the reports of the Secretary-General (S/16237 and S/17242),

Having heard the statement by the Acting President of the United Nations Council for Namibia,

Having considered the statement by Dr. Sam Nujoma, President of the South West Africa People's Organization (SWAPO),

Commending the South West Africa People's Organization for its preparedness to co-operate fully with the United Nations Secretary-General and his Special Representative, including its expressed readiness to sign and observe a cease-fire agreement with South Africa, in the implementation of the United Nations Plan for Namibia as embodied in Security Council resolution 435 (1978),

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

Recalling and reaffirming its resolutions 269 (1969), 276 (1970), 301 (1971), 385 (1976), 431 (1978), 432 (1978), 435 (1978), 439 (1978), 532 (1983) and 539 (1983),

Recalling the statement of the President of the Security Council (S/17151) of 3 May 1985, on behalf of the Council, which, inter alia, declared the establishment of the so-called interim government in Namibia to be null and void,

Gravely concerned at the tension and instability created by the hostile policies of the apartheid régime throughout southern Africa and the mounting threat to the security of the region and its wider implications for international peace and security resulting from that régime's continued utilization of Namibia as a springboard for military 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 contain the United Nations Plan for Namibian independence,

Noting that 1985 marks the fortieth anniversary of the founding of the United Nations, as well as the twenty-fifth anniversary of the adoption of the Declaration on the Granting of Independence to Colonial Countries and Peoples, and expressing grave concern that the question of Namibia has been with the Organization since its inception and still remains unsolved,

Welcoming the emerging and intensified world-wide campaign of people from all spheres of life against the racist régime of South Africa in a concerted effort to bring about an end to the illegal occupation of Namibia and of apartheid,

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. Reaffirms the legitimacy of the struggle of the Namibian people against the illegal occupation of the racist régime of South Africa and calls upon all States to increase their moral and material assistance to them;

3. Further condemns the racist régime of South Africa for its installation of a so-called interim government in Windhoek and declares that this action, taken even while the Security Council has been in session, constitutes a direct affront to it and a clear defiance of its resolutions, particularly resolutions 435 (1978) and 439 (1978);

4. Declares that action to be illegal and null and void and states that no recognition will be accorded either by the United Nations or any Member State to it or to any representative or organ established in pursuance thereof;

5. Demands that the racist régime of South Africa immediately rescind the aforementioned illegal and unilateral action;

6. 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;

7. Rejects once again South Africa's insistence on linking the independence of Namibia to irrelevant and extraneous issues as incompatible with resolutions 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;

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

9. Reiterates that Security Council resolution 435 (1978), embodying the United Nations Plan for the independence of Namibia, is the only internationally accepted basis for a peaceful settlement of the Namibian problem and demands its immediate and unconditional implementation;

10. Affirms 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, except for the choice of the electoral system;

11. Decides to mandate the Secretary-General to resume immediate contact with South Africa with a view to obtaining its choice of the electoral system to be used for the election, under United Nations supervision and control, for the Constituent Assembly, in terms of resolution 435 (1978), in order to pave the way for the adoption by the Security Council of the enabling resolution for the implementation of the United Nations Independence Plan for Namibia;

12. Demands that South Africa co-operate fully with the Security Council and the Secretary-General in the implementation of the present resolution;

13. Strongly warns South Africa that failure to do so would compel the Security Council to meet forthwith to consider the adoption of appropriate measures under the United Nations Charter, including Chapter VII, as additional pressure to ensure South Africa's compliance with the above-mentioned resolutions;

14. Urges Member States of the United Nations that have not done so to consider in the meantime taking appropriate voluntary measures against South Africa, which could include

(a) Stopping of new investments and application of disincentives to this end;

(b) Re-examination of maritime and aerial relations with South Africa;

(c) The prohibition of the sale of krugerrands and all other coins mined in South Africa;

(d) Restrictions in the field of sports and cultural relations;

15. Requests the Secretary-General to report on the implementation of the present resolution not later that the first week of September 1985;

16. Decides to remain seized of the matter and to meet immediately upon receipt of 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 invoke paragraph 13 above.

Adopted at the 2595th meeting by 13 votes to none, with 2 abstentions (United Kingdom of Great Britain and Northern Ireland, United States of America).