Trusteeship and INTRODUCTION Chapter XI of the UN Charter sets forth responsibilities of states for "administration of territories whose people have not yet attained a full measure of self-government." These "non-self-governing territories" are considered annually by the Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (Committee of 24 or C-24) and by the General Assembly's Fourth Committee. The Committee of 24 makes suggestions and recommendations to the Fourth Committee regarding implementation of UN General Assembly resolution 1514 of 1960 (Declaration on the Granting of Independence to Colonial Countries and Peoples), specific issues affecting the decolonization process and the activities of specialized agencies and other UN bodies in those territories. The United States is committed firmly to self-determination for all peoples. However, the United States views independence as only one possible outcome of self-determination, and the status of a territory must reflect the freely expressed wishes of its people. General Assembly resolutions 1514 and 1541 of 1960 explicitly recognize that other legitimate outcomes are free association with an independent state or integration with an independent state. It is the U.S. position that whether military bases interfere with the right of self-determination can be decided only on a case-by-case basis. The United States has consistently opposed resolutions calling for specialized agency cooperation with, and assistance to, "national liberation movements." It has, however, participated as an observer of the Committee of 24, and submitted reports to the Committee on the U.S. Virgin Islands, American Samoa and Guam. TRUSTEESHIP COUNCIL Chapter XII of the UN Charter established an international trusteeship system and Chapter XIII establishes the Trusteeship Council. The sole remaining UN trusteeship at the beginning of 1990 was the Trust Territory of the Pacific Islands (TTPI), administered by the United States. The 57th session of the Council was held May 21-June 1. Trust Territory of the Pacific Islands The TTPI consists of three distinct island groups: the Marianas (excluding Guam), the Carolines and the Marshalls. After the founding of the United Nations and its trusteeship system, the United States and the UN Security Council concluded an agreement on July 18, 1947, creating the TTPI as a strategic trust territory under U.S. administration. In May 1986, in resolution 2183 (LIII), the Trusteeship Council determined the United States had fulfilled its obligations as trustee and asked it to make arrangements for trusteeship termination by September 30, 1986, according to status arrangements negotiated with TTPI governments and ratified by their peoples in UN-observed acts of self-determination. The May 1990 Trusteeship Council report to the Security Council noted resolution 2183 (LIII), which called for the process of Compact approval to be completed at the earliest date. On November 28 the Trusteeship Council reconvened to adopt the report and forward it to the Security Council. On December 7 the President of the Trusteeship Council addressed a letter to the President of the Security Council which contained a draft resolution confirming the partial termination of the Trusteeship as stated in resolution 2183 of 1986. On December 22 the Security Council adopted resolution 683 confirming the Trusteeship Council's action for partial termination of the trusteeship for the Republic of the Marshall Islands, the Federated States of Micronesia and the Northern Mariana Islands by a vote of 14 (U.S.) to 1 (Cuba). As a result, the Republic of the Marshall Islands (RMI) and the Federated States of Micronesia (FSM) became sovereign, self-governing states in free association with the United States. A third TTPI entity, the Northern Mariana Islands, had become a self-governing U.S. commonwealth in 1986. The Trusteeship Agreement, therefore, now applies only to the fourth TTPI entity, the Republic of Palau, whose status has not been finalized. The United States and Palau have negotiated a Compact of Free Association, under which Palau would have a status comparable to that of the RMI and the FSM. Efforts to bring the Compact into effect have been thwarted by an inability to obtain the 75 percent Palau voter approval necessary to reconcile nuclear provisions of the Compact with non-nuclear provisions of the Palauan Constitution. On February 6 a seventh plebiscite was held to determine if 75 percent of the voters were in favor of adopting the Compact. The plebiscite, observed by a visiting mission of the Trusteeship Council, resulted in 61 percent support for the Compact, once again failing to approve its adoption. The Trusteeship Council adopted by consensus in May the report of the visiting mission, which concluded the plebiscite had been held in a free and fair atmosphere. In view of the UN Charter's clear delegation of oversight of strategic trusts to the Security Council and the Trusteeship Council, the United States continued its policy of nonparticipation in the C-24 on the subject of TTPI. U.S. TERRITORIES Special Committee Consideration The Committee of 24 considered American Samoa, Guam and the U.S. Virgin Islands on August 1-15. As administrative authority, the United States presented statements on the U.S. territories to the C-24's Subcommittee on Small Territories in April, and provided information on these territories to the UN Secretariat in accordance with Article 73(e) of the UN Charter. Continuing the Committee's practice of the past 6 years, the United States was not singled out for condemnation in any C-24 drafted resolutions. American Samoa American Samoa is an unincorporated and unorganized U.S. territory located in the South Pacific, 2,300 miles southwest of Hawaii. It comprises seven islands with a total area of 76 square miles, and has a population of about 35,000. The C-24 submitted a draft resolution to the General Assembly on American Samoa which reaffirmed the inalienable right of the people to self-determination and independence, and called on the United States to take all necessary steps to expedite the process of decolonization in accordance with relevant provisions of the Charter and the declaration. The resolution noted the importance of fostering an awareness among the people of American Samoa of possibilities open to them in exercising their right to self-determination and independence, and called on the United States to strengthen and diversify the economy of the territory. It also urged the United States to safeguard the right of American Samoans to the natural resources of the territory, including marine resources. Guam Guam is an organized, unincorporated U.S. territory. About 30 miles long and 4 to 8 miles wide, Guam is the southernmost island in the volcanic Mariana Islands chain in the Western Pacific, about 6,000 miles west of San Francisco. It has a population of approximately 115,000. The C-24's recommendations on Guam were submitted to the General Assembly in the form of a draft resolution which reaffirmed the inalienable right of the people of Guam to self-determination and independence and noted the C-24's strong conviction that military bases and installations in Guam could constitute an obstacle to the implementation of the declaration. It urged the United States to continue to take all necessary measures not to involve the territory in offensive military acts and to comply fully with the purposes and principles of the Charter, and declarations, resolutions and decisions of the General Assembly relating to military activities. It also urged the United States to strengthen and diversify Guam's economy, especially in the areas of commercial fishing and agriculture and to safeguard the right of the Guamanians to the natural resources of the territory, including its marine resources. It reaffirmed the importance of promoting Guam's unique cultural identity. U.S. Virgin Islands The U.S. Virgin Islands are also an organized and unincorporated U.S. territory. The most prominent of these islands, located 1,000 miles southeast of Miami, are St. Thomas, St. Croix and St. John. The population of the territory is about 110,000, and total land area is approximately 130 square miles. C-24 recommendations again were submitted in the form of a draft resolution to the General Assembly. The draft resolution reaffirmed the inalienable right of the people of the U.S. Virgin Islands to self-determination and independence; noted with satisfaction the territorial Commission on Status and Federal Relations had started work in preparation for a referendum on the territory's future status; and called upon the United States to foster an awareness among the people of possibilities open to them in the exercise of their right to selfdetermination. It reaffirmed the responsibility of the United States to continue to promote economic and social development of the U.S. Virgin Islands, and urged the United States to continue to take all necessary measures to comply with the purposes and principles of Charter and General Assembly resolutions which relate to military activities in non-self-governing territories. General Assembly Action American Samoa, Guam and the U.S. Virgin Islands were considered, along with other small territories, during the annual session of the General Assembly's Fourth Committee in October under the agenda item "Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples." The Fourth Committee adopted resolutions on American Samoa and the U.S. Virgin Islands without a vote, and the resolution on Guam following a vote of 99 to 2 (U.S.), with 28 abstentions. The United States sought to amend, and then |