their administration and shall facilitate the exercise of this right by the peoples of such Territories according to the principles and spirit of the Charter of the United Nations in regard to each Territory and to the freely expressed wishes of the peoples concerned, the wishes of the people being ascertained through plebiscites or other recognized democratic means, preferably under the auspices of the United Nations;

3. The States Members of the United Nations responsible for the administration of Non-Self-Governing and Trust Territories shall take practical steps, pending the realization of the right of self-determination and in preparation thereof, to ensure the direct participation of the indigenous populations in the legislative and executive organs of government of those Territories, and to prepare them for complete self-government or independence.

169. VOLUNTARY TRANSMISSION OF INFORMATION REGARDING THE DEVELOPMENT OF SELF-GOVERNING INSTITUTIONS IN THE NONSELF-GOVERNING TERRITORIES: RESOLUTION OF THE GENERAL ASSEMBLY, DECEMBER 16, 1952 12

The General Assembly,

12

Considering that one of the conditions necessary to facilitate United Nations action to promote respect for the right of self-determination of peoples and nations, in particular with regard to the peoples of Non-Self-Governing Territories, is that the competent organs of the United Nations should be in possession of official information on the government of these Territories,

Recalling its resolution 144 (II) of 3 November 1947 in which it declared that the voluntary transmission of such information was entirely in conformity with the spirit of Article 73 of the Charter, and should therefore be encouraged,

Recalling its resolution 327 (IV) of 2 December 1949 in which it expressed the hope that such of the Members of the United Nations as had not done so might voluntarily include details on the government of Non-Self-Governing Territories in the information transmitted by them under Article 73 e of the Charter.

Considering that at the present time such information has not yet been furnished in respect of a large number of Non-Self-Governing Territories,

1. Recommends States Members of the United Nations responsible for the administration of Non-Self-Governing Territories voluntarily to include in the information transmitted by them under Article 73 e of the Charter details regarding the extent to which the right of peoples and nations to self-determination is exercised by the peoples of those Territories, and in particular regarding their political progress and the measures taken to develop their capacity for self-administration, to satisfy their political aspirations and to promote the progressive development of their free political institutions;

2. Decides to place the present resolution on the agenda of the Committee on Information from Non-Self-Governing Territories for

its next session in 1953.

12 United Nations Document A/2361, p. 26.

170. FACTORS WHICH SHOULD BE TAKEN INTO ACCOUNT IN DECIDING WHETHER A TERRITORY IS OR IS NOT A TERRITORY WHOSE PEOPLE HAVE NOT YET ATTAINED A FULL MEASURE OF SELFGOVERNMENT

i. Report of the Ad Hoc Committee on Factors, August 4, 1953

I. CONSTITUTION OF THE Ad Hoc COMMITTEE

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1. By resolution 648 (VII) adopted on 10 December 1952, the General Assembly appointed an Ad Hoc Committee of ten members comprising Australia, Belgium, Burma, Cuba, Guatemala, Iraq, Netherlands, United Kingdom, United States of America and Venezuela, in order to continue and carry out a more thorough study of the factors which will have to be taken into account in deciding whether a territory has or has not attained a full measure of selfgovernment. The Committee was invited to take into account the list of factors prepared in 1952 by the Ad Hoc Committee set up under General Assembly resolution 567 (VI) and the statements transmitted by governments in compliance with the aforementioned resolution. The Committee was also invited to take into account certain additional elements (see section 10 below).

2. By resolution 650 (VII) adopted on 20 December 1952, the Ad Hoc Committee was invited to examine carefully, in the light of resolution 648 (VII), the documents submitted by the Netherlands Government relating to the cessation of information in respect of the Netherlands Antilles and Surinam.

3. The Ad Hoc Committee met at the Headquarters of the United Nations on 21 July 1953 and held eight meetings between that date and 30 July 1953.

II. OFFICERS

4. The officers of the Committee were the following: Chairman: Mr. Awni Khalidy (Iraq)

Vice-Chairman and Rapporteur: Mr. Benjamin Gerig (United States of America)

III. DEVELOPMENT OF THE STUDY OF FACTORS

5. By resolution 334 (IV) adopted on 2 December 1949, the General Assembly had invited the Committee on Information from NonSelf-Governing Territories "to examine the factors which should be taken into account in deciding whether any territory is or is not a territory whose people have not yet attained a full measure of selfgovernment".

6. In 1951 the Committee on Information prepared a report which was submitted to the General Assembly at its sixth session. At that session, the Fourth Committee appointed a sub-committee (Sub-Committee 9) to undertake a further examination of the question; on the report of that Sub-Committee it adopted a resolution which was approved by the General Assembly as resolution 567 (VI).

7. By resolution 567 (VI) the General Assembly decided to take as a basis the list of factors which had been drawn up at the sixth session

13 United Nations Document A/2428.

and to appoint an ad hoc committee to carry out a further study of the factors taking into account the information available. This information included the views which the Members were invited to transmit by the resolution itself, and earlier information transmitted to the Secretary-General on the reasons which had led certain of the Administering Members to cease to transmit information on certain of the territories previously enumerated as Non-Self-Governing Territories. 8. The 1952 Ad Hoc Committee reported to the General Assembly at its seventh session. After the report had been examined by the Fourth Committee, the General Assembly adopted resolution 648 (VII) approving provisionally the list of factors as established in 1952 but appointing the present Ad Hoc Committee with the terms of reference set forth in paragraph 1 above.

9. The foregoing history shows the degree of attention which has been paid to the problem in recent years, and is an indication of the complexities involved. From the beginning, it was agreed that no list of factors could serve as more than a guide in determining whether any particular territory has attained a full measure of self-government. Moreover, as stated in resolution 648 (VII), each concrete case should be considered and decided in the light of the particular circumstances of that case. Taking these circumstances into consideration, it may be thought that, while a further refining and clarification of the list of factors would still be possible, a stage may have been reached in the studies of the subject which makes unnecessary any immediate action, since the present list is sufficient to service as a guide in the sense indicated in resolution 648 (VII), permitting the full consideration of each concrete case.

10. The representative of Iraq suggested that the General Assembly should refer the list of factors and the question of the interpretation and development of those factors in the light of changing circumstances, to the Committee on Information from Non-Self-Governing Territories as one of its regular charges and responsibilities. This suggestion was supported by the representatives of Burma, Cuba, Guatemala and Venezuela. The representative of Belgium opposed the suggestion. He considered that even if the Committee on Information could be regarded as constitutionally justified, it had no competence in political matters since these matters were not covered by Article 73 e of the Charter.

IV. ADDITIONAL ELEMENTS RELATING TO SELF-GOVERNMENT AND

SELF-DETERMINATION

11. By paragraph 7 of General Assembly resolution 648 (VII), the Ad Hoc Committee was invited "to take into account, inter alia, the list of factors prepared in 1952 by the Ad Hoc Committee set up under General Assembly resolution 567 (VI) and the statements transmitted by governments in compliance with the aforementioned resolution and, further, to take into account the following additional elements:

(a) The possibility of defining the concept of a full measure of selfgovernment for the purposes of Chapter XI of the Charter;

(b) The features guaranteeing the principle of the self-determination of peoples in relation to Chapter XI of the Charter;

(c) The manifestation of the freely expressed will of the peoples in relation to the determination of their national and international status for the purposes of Chapter XI of the Charter.

In connexion with point (a), the Ad Hoc Committee agreed that it was not possible to find a satisfactory definition of the concept of a full measure of self-government for the purposes of Chapter XI of the Charter. Even if the concept of self-government could be satisfactorily defined, such a definition would be insufficient unless completed by the definition of "a full measure" of self-government within the framework of Chapter XI.

12. On the other hand, it was agreed that there were a number of features which were helpful in indicating whether a full measure of self-government had been achieved in any particular case. Many of these features were indicated in the list of factors. Others were suggested in the replies of the governments.

13. Thus, the absence of a satisfactory definition was not a serious disadvantage, since in the examination of any particular case the concept would emerge in its practical application to the facts of that

case.

14. Points (b) and (c) were examined together, in view of their close inter-connexion.

15. In relation to these two points, the Ad Hoc Committee noted that, in virtue of General Assembly resolution 637 C (VII), a study of ways and means of ensuring international respect for the right of peoples to self-determination is being continued through the Economic and Social Council and the Commission on Human Rights. For its part, the Committee considered that among the features guaranteeing the principle of the self-determination of peoples in relation to Chapter XI of the Charter might be found the following:

A. The political advancement of the population sufficient to enable them to decide the future destiny of the territory by means of democratic processes.

B. The functioning of a representative system of government, with periodic elections in which the peoples fully participate, or other democratic processes by which the peoples can exercise their free will. C. The enjoyment of individual rights, including:

(a) Freedom of the individual and his ability to participate and to have a voice in his government.

(b) Guarantee of basic rights, e. g., freedom of speech, Press, assembly, religion and the right to a fair trial,

(c) Universal adult suffrage, based on adequate educational opportunities,

(d) Freedom of the individual to join political parties and of all the parties to participate freely in the political life of the territory. D. The absence of any pressure or coercion on the population so that they may be in a position freely to express their views as to the national or international status which they may desire (attainment of independence, attainment of other systems of self-government in continuing association, or free association as an integral part of the metropolitan or other country).

E. Assurance that the views of the population will be respected. 16. With reference to point E above, the representative of the United States of America said that, because the paragraph seemed to require a metropolitan or other State to give assurances in advance

that effect would be given to the wishes of a territory which may adopt for statehood or for another form of integration, the United States delegation must completely reserve its position since the action to be taken would be a matter requiring the consent of both parties.

17. Reservations were also made by the representatives of Australia, Belgium, the Netherlands and the United Kingdom.

18. The representative of Australia said he would abstain on any proposal in this connexion because the question of self-determination had no direct relevance to Chapter XI of the Charter; the representative of Belgium agreed that the phase of development involved was outside the scope of Chapter XI and therefore outside the competence of the Committee.

19. The representative of the United Kingdom felt obliged to reserve the position of his delegation in relation to point E since he interpreted it as an assertion that whenever a people had declared its will its desires must be met. He indicated that any given NonSelf-Governing Territory might well be inhabited by several "peoples" whose freely expressed wishes might be in conflict, and recognition of their several wishes without qualification might simply lead to anarchy and chaos. There was always in such discussions the overwhelming difficulty that no acceptable definition of the word "people" had ever been reached in connexion with the principle of self-determination. His delegation had always regarded this principle as a useful guide to political action, in conjunction with other useful principles such as the need for cohesion and stability in the world, the need to provide for tolerable living standards and the need for the recognition of mutual interests in relations between peoples. While due respect should be accorded to the principle of self-determination, this principle could not be followed blindly with disregard to the equal validity of other principles.

20. The representative of the Netherlands associated himself with the reservations of the other representatives.

21. The representative of Guatemala proposed the addition of a new point F to the above list to read as follows: "Freedom of the peoples of Non-Self-Governing Territories which have freely limited their sovereignty in favour of the metropolitan or other country, to change their status by democratic processes". The representatives of Cuba, Iraq and Venezuela associated themselves with this text, the representative of Venezuela stating that the whole list should be regarded as an enumeration of features which should not be applied rigidly or inflexibly. A suggestion by the representative of the United States of America that this formulation could be improved by making it subject to existing agreements was not acceptable to the representative of Guatemala, who felt that this would nullify the entire concept.

22. The original text proposed by the representative of Guatemala being retained, reservations were expressed by the representatives of Australia, Belgium, Burma, the Netherlands, the United Kingdom and the United States of America.

23. The representatives of Australia and the Netherlands considered the proposal unacceptable in its present form.

24. The representative of Belgium repeated that this point lay outside the scope of Chapter XI of the Charter and was beyond the com petence of the Ad Hoc Commitee.