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the Security Council in the aforementioned resolutions, the Government of Portugal is intensifying the measures of repression and military operations against the African people of these Territories with a view to defeating their legitimate aspirations to self-determination, freedom and independence,

Further noting with deep concern that the activities of the foreign financial interests in these Territories are an impediment to the African people in the realization of their aspirations to freedom and independence,

Considering that the evidence submitted by the petitioners confirmed that the Government of Portugal has continued to use the aid and weapons that it receives from its military allies against the populations of Angola, Mozambique, so-called Portuguese Guinea and other Territories under its administration,

Convinced that the attitude of Portugal towards the African population of its colonies and of the neighbouring States constitutes a threat to international peace and security,

1. Reaffirms the right of the peoples of the African Territories under Portuguese administration to freedom and independence and recognizes the legitimacy of their struggle to achieve the rights laid down in the Charter of the United Nations, the Universal Declaration of Human Rights" and the Declaration on the Granting of Independence to Colonial Countries and Peoples;

2. Approves the chapters of the reports 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 relating to the Territories under

75 Text in A Decade of American Foreign Policy: Basic Documents, 1941-1949, pp. 1156-1159.

Portuguese administration and endorses the conclusions and recommendations contained therein;

3. Appeals to all States, in co-operation with the Organization of African Unity, to render the people of the Territories under Portuguese administration the moral and material support necessary for the restoration of their inalienable rights;

4. Condemns the colonial policy of Portugal and its persistent refusal to carry out the resolutions of the General Assembly and the Security Council;

5. Condemns the policy of the Government of Portugal which violates the economic and political rights of the indigenous population by the establishment, on a large scale, of foreign immigrants in the Territories and by the exporting of workers to South Africa;

6. Requests all States to prevent such activities on the part of their nationals in the foreign financial interests which are an impediment to the attainment by the people of their legitimate rights of freedom and independence;

7. Urges Member States to take the following measures, separately or collectively:

(a) To break off diplomatic and consular relations with the Government of Portugal or refrain from establishing such relations;

(b) To close their ports to all vessels flying the Portuguese flag or in the service of Portugal;

(c) To prohibit their ships from entering any ports in Portugal and its colonial territories;

(d) To refuse landing and transit facilities to all aircraft belonging to or in the service of the Government of Portugal and to companies registered under the laws of Portugal;

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8. Requests all States, and in particular the military allies of Portugal within the framework of the North Atlantic Treaty Organization, to take the following steps:

(a) To refrain forthwith from giving the Portuguese Government any assistance which would enable it to continue its repression of the African people in the Territories under its administration;

(b) To take all the necessary measures to prevent the sale or supply of arms and military equipment to the Government of Portugal;

(c) To stop the sale or shipment to the Government of Portugal of equipment and materials for the manufacture or maintenance of arms and ammunition;

9. Appeals to all the specialized agencies, in particular to the International Bank for Reconstruction and Development and the International Monetary Fund, to refrain from granting Portugal any financial, economic or technical assistace so long as the Government of Portugal fails to implement General Assembly resolution 1514 (XV);

10. Requests the United Nations High Commissioner for Refugees, the specialized agencies concerned and other international relief organizations to increase their assistance to the refugees from the Territories under Portuguese administration

and to the people who have suffered from military operations;

11. Requests the Security Council to consider putting into effect against Portugal the appropriate measures laid down in the Charter, for the purpose of carrying out its resolutions concerning the Territories under Portuguese domination;

12. Decides to include the question of the Territories under Portuguese administration in the pro

In reply to a question asked at a news conference, Dec. 22, Ambassador Goldberg said: "No [the United States does not expect to take any action to implement the General Assembly's call for a trade boycott against Portugal], we reject that recommendation. It is a recommendation and we do not accept that." For other excerpts, see post, doc. II-76.

visional agenda of its twenty-first session.

1407th plenary meeting.

Document II-74

Resolution 2109 (XX), Adopted by the U.N. General Assembly, December 21, 1965 "

Information From
Non-Self-Governing

Territories Transmitted
Under Article 73 (e)
of the Charter of
the United Nations

The General Assembly,

78

Recalling its resolution 1970 (XVIII) of 16 December 1963, in which it dissolved the Committee on Information from Non-Self-Governing Territories and, inter alia, requested the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to study the information transmitted to the Secretary-General in accordance with Article 73 e of the Charter of the United Nations and to take it fully into account in examining the situation with regard to the implementation of the Declaration,

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77 U.N. doc. A/6014, pp. 63-64. This resolution, recommended by Committee IV of the U.N. General Assembly, was adopted without objection.

Art. 73 (e) calls upon member states administering non-self-governing territories "to transmit regularly to the Secretary-General for information purposes, subject to such limitations as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply." For the text of the U.N. Charter, see American Foreign Policy, 1950-1955: Basic Documents, vol. I, pp. 134-161.

78 Text in American Foreign Policy: Current Documents, 1963, p. 166.

UN. doc. Á/5800/Rev.1, ch. II, appendix I.

adopted by the Special Committee whereby the latest information transmitted by Administering Members is taken into account by the Committee in its consideration of the Territories concerned and is reflected in the relevant chapters of the Committee's reports on each Territory,

Having studied those chapters of the reports of the Special Committee dealing with the transmittal of information under Article 73 e of the Charter and the action taken by it in respect of that information,"

Having also examined the reports of the Secretary-General on the said information,81

1. Approves the reports and the procedures adopted 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 for the discharge of its functions under General Assembly resolution 1970 (XVIII) ;

2. Expresses its regret that not all Member States having responsibilities for the administration of NonSelf-Governing Territories have seen fit to transmit information under Article 73 e of the Charter of the United Nations;

3. Once again urges all Member States which have or which assume responsibilities for the administration of Territories whose peoples have not yet attained a full measure of self-government to transmit, or continue to transmit, to the Secretary-General information as prescribed under Article 73 e of the Charter, as well as the fullest possible information on political and constitutional development;

4. Requests the Special Committee to continue to discharge the functions entrusted to it under resolution 1970 (XVIII) in accordance with the procedures referred to above.

1407 plenary meeting.

80 Ibid., ch II; and U.N. doc. A/6000/ Rev.1, ch. XXVI.

51 U.N. docs. A/5843 and A/6038.

Document II-75

Resolution 2131 (XX), Adopted by the U.N. General Assembly, December 21, 1965 8a

Declaration on the
Inadmissibility of
Intervention in

the Domestic Affairs of States and the Protection of Their Independence and Sovereignty

The General Assembly,

Deeply concerned at the gravity of the international situation and the increasing threat to universal peace due to armed intervention and other direct or indirect forms of interference threatening the sovereign personality and the political independence of States,

Considering that the United Nations, in accordance with their aim to eliminate war, threats to the peace and acts of aggression, created an Organization, based on the sovereign equality of States, whose friendly relations would be based on respect for the principle of equal rights and self-determination of peoples and on the obligation of its Members to refrain from the threat or use of force against the territorial integrity or political independence of any State,

Recognizing that, in fulfilment of the principle of self-determination, the General Assembly, in the Declaration on the Granting of Independence to Colonial Countries and Peoples contained in resolution 1514 (XV) of 14 December 1960, stated its conviction that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory, and that, by virtue of that right, they freely determine their political status and

82 U.N. doc. A/6014, pp. 11-12. This resolution, recommended by Committee I of the U.N. General Assembly, was adopted by a vote of 109 (including the U.S.) to 0, with 1 abstention (U.K.).

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85

90

Reaffirming the principle of nonintervention, proclaimed in the charters of the Organization of American States, the League of Arab States and the Organization of African Unity 87 and affirmed at the conferences held at Montevideo, Buenos Aires, Chapultepec and Bogotá," as well as in the decisions of the Asian-African Conference at Bandung," the First Conference of Heads of State or Government of Non-Aligned Countries at Belgrade, in the Programme for Peace and International Co-operation adopted at the end of the Second Conference of Heads of State or Government of Non-Aligned Countries at Cairo," and in the declaration on subversion adopted at Accra by the Heads of State and Government of the African States,"

Recognizing that full observance of the principle of the non-intervention of States in the internal and external affairs of other States is essential to the fulfilment of the purposes and principles of the United Nations,

Considering that armed intervention is synonymous with aggression

Text in American Foreign Policy: Current Documents, 1960, pp. 110-111.

Text in A Decade of American Foreign Policy: Basic Documents, 1941-1949, pp. 1156-1159.

Text ibid., pp. 427-445.

se Text in American Foreign Policy, 19501955: Basic Documents, vol. I, pp. 12431249.

5 Text in American Foreign Policy: Current Documents, 1963, pp. 631-637; also ibid., 1964, pp. 740-744.

See 1933 For. Rel., vol. IV, pp. 214-218. See 51 Stat. 41; TS 923; IV Trenwith 4821: 188 LNTS 31.

See A Decade of American Foreign Policy: Basic Documents, 1941-1949, pp. 414-417.

*See ibid., pp. 427–445.

See American Foreign Policy, 19501955: Basic Documents, vol. II, pp. 23442352.

See American Foreign Policy: Current Documents, 1961, pp. 118-124.

See ibid., 1964, pp. 691-698. *See post, doc. VIII-12.

and, as such, is contrary to the basic principles on which peaceful international co-operation between States should be built,

Considering further that direct intervention, subversion and all forms of indirect intervention are contrary to these principles and, consequently, constitute a violation of the Charter of the United Nations,

Mindful that violation of the principle of non-intervention poses a threat to the independence, freedom and normal political, economic, social and cultural development of countries, particularly those which have freed themselves from colonialism, and can pose a serious threat to the maintenance of peace,

Fully aware of the imperative need to create appropriate conditions which would enable all States, and in particular the developing countries, to choose without duress or coercion their own political, economic and social institutions,

In the light of the foregoing considerations, solemnly declares:

1. No State has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other State. Consequently, armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements, are condemned.

2. No State may use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights or to secure from it advantages of any kind. Also, no State shall organize, assist, foment, finance, incite or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the régime of another State, or interfere in civil strife in another State.

3. The use of force to deprive peoples of their national identity constitutes a violation of their inalienable rights and of the principle of non-intervention.

The United Nations and International Law

[Doc. II-751 191

4. The strict observance of these obligations is an essential condition to ensure that nations live together in peace with one another, since the practice of any form of intervention not only violates the spirit and letter of the Charter of the United Nations but also leads to the creation of situations which threaten international peace and security.

5. Every State has an inalienable right to choose its political, economic, social and cultural systems, without interference in any form by another State.

6. All States shall respect the right of self-determination and independence of peoples and nations, to be freely exercised without any foreign pressure, and with absolute respect for human rights and fundamental freedoms. Consequently, all States shall contribute to the complete elimination of racial discrimination and colonialism in all its forms and manifestations.

7. For the purpose of the present Declaration, the term "State" covers both individual States and groups of States.

8. Nothing in this Declaration shall be construed as affecting in any manner the relevant provisions of the Charter of the United Nations relating to the maintenance of international peace and security, in particular those contained in Chapters VI, VII and VIII.9

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Charter, where questions of international peace and security are involved, that a two-thirds vote is plainly required. Where action is taken by the Assembly in derogation of that requirement, that action is a complete nullity. It is null and void.

I want to point out that this is a question of principle for the United States. We have no bases in the particular territories which were the subject of that resolution." That has been overlooked.

Previously, where there was an argument about military bases in a prior resolution, that clause was eliminated and the Assembly properly applied the important question rule.1

When we dealt with the question again the other day, we were dealing not out of anything but a question of very basic principle, and that principle is observance of the Charter.

I regret very much that the Assembly disregarded the Charter and I think that everybody will have to reflect upon this very soberly in the days to come.

I don't condemn the behavior of any group. I think that we are trying here-all of us-to find common ground. I know from our national experience that this is not easy. I can understand the very deep and profound feelings of the AfroAsian group, which I share, about questions of colonialism."

I think very often people in every land are inclined because of strong feelings about substance to disregard procedures. We, ourselves have not been entirely free from that in our own national history. It takes time and experience and patience to learn that observance of fair proce

98 See ante, doc. II-70. 99 Ante, doc. II-72.

1 See ante, doc. II-69.

2 Representatives of 80 states walked out of the U.N. General Assembly to protest against the policy of apartheid as the Foreign Minister of the Republic of South Africa, Hilgard Muller, spoke on Sept. 29, 1965 (see U.N. doc. A/PV.1342).

Also, in accordance with a decision taken by Committee V of the U.N. General Assembly at its 1087th meeting on Nov. 5, 1965, a statement made by the South African Representative regarding the U.N. Office of Public Information at the preceding meeting was expunged from the record. (See U.N. docs. A/C.5/SR.10361087 and A/C.5/1053.)

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