noted, in paragraph 1, "with regret and concern the decision of the United States Government to allow the entry into the United States of America of Ian Smith and some members of the illegal regime in Southern Rhodesia.”

U.N. Doc. S/RES/437 (1978), Oct. 10, 1978.

The United States representative, Minister-Counsellor Richard W. Petree, stated the United States' position regarding issuance of the visa and regarding its having abstained from voting:

I believe that a fair examination of the record would amply demonstrate that the United States has been foremost in seeking to bring about a peaceful resolution of the deeply troubling problem of Rhodesia.

The decision by the United States to issue a visa to Ian Smith, on an exceptional basis, was made only after the most careful consideration. In reaching this decision, my Government was deeply conscious of its commitment under the Charter of the United Nations to imposing and maintaining sanctions against the illegal regime in Rhodesia. We were also profoundly aware of the ultimate purpose of those sanctions: to bring the illegal regime to an end and to bring about an independent Zimbabwe under the rule of a majority of its population. Thus, the visa was finally issued because it would permit a continuation of the discussions which the United States and others have pursued in a variety of locations with the many parties involved in the tragedy of Rhodesia. What the issuance of this visa means is that there is an additional chance to advance the cause of majority rule and peaceful settlement. It does not mean that the United States has decided to violate its responsibilities, recognize the Smith regime or lift embargoes on trade with Rhodesia. As for the resolution which was considered today, the United States will not take a position on its merits or the fairness or the impartiality with which it presents the issue. Since we are a party to this particular matter, and acting in the spirit of article 27 (3) of the Charter, the United States has abstained.

U.N. Doc. S/PV.2090, Oct. 10, 1978, pp. 22-23, 25.

Canada, the United Kingdom, and the Federal Republic of Germany supported the U.S. position.

Ibid., pp. 31-32.

The British Government had held that the issuance by Prime Minister Ian Smith of Southern Rhodesia of a unilateral declaration of independence from Britain, Nov. 11, 1965, was not only illegal, but an "open act of defiance and rebellion." (See statement by British Prime Minister Harold Wilson, Oct. 27, 1964, issued to the Southern Rhodesian Government, concerning a unilateral declaration of independence; Whiteman, Digest of International Law, Vol. 12 (1971), pp. 361, 369, 374.)

Mr. Smith and the Reverend Ndabaningi Sithole arrived in the United States on October 7, met with Secretary of State Vance on October 9, and with the Senate Foreign Relations Committee on

October 12. Bishop Abel Muzorewa and Chief Jeremiah Chirau, the other two members of the Executive Council of the Transitional Government of Rhodesia, arrived in the United States on October 11. All four conferred with Acting Secretary of State David D. Newsom and British representatives on October 20 at the Department of State, and confirmed earlier statements to the Senate Foreign Relations Committee, that they were willing to attend an all-parties meeting, without preconditions and with adequate preplanning. Following the October 20 meeting, the Department of State issued a joint statement on behalf of the Governments of the United States and the United Kingdom, reading:

In the course of discussions today with representatives of the British and American Governments, the Members of the Rhodesian Executive Council confirmed their willingness to attend a wellprepared all-parties conference without preconditions.

In that context, the two sides identified certain broad areas for discussion between the parties and discussed the issues to be considered at a conference and other relevant matters.

The British and American Governments now plan to hold discussions with the other parties before proceeding further.

The British and American representatives reiterated their strong concern over the escalating cycle of violence in the area. In particular, they referred to the [Rhodesian] raids into Zambia and Mozambique and the likely impact of these actions on the negotiating situation.

Press Release USUN-102(78), Oct. 20, 1978.

Bishop Abel Muzorewa had visited the United States earlier in 1978, subsequent to signature of the Rhodesian Constitutional Agreement (also referred to as the Internal Settlement, and as the Salisbury Agreement), to Establish the Transitional Government of Rhodesia, Mar. 3, 1978. He met with Secretary of State Cyrus R. Vance on Mar. 8. On July 14, Bishop Muzorewa again entered the United States, for a 2-week visit, during which he delivered an address at Georgetown University, Washington, D.C. (for text, see Cong. Rec., Vol. 124, No. 109 (daily ed., July 19, 1978), pp. S11225–S11228. No litigation was resorted to, in an attempt to prevent either of his earlier visits. The Dept. of State Deputy Spokesman, Thomas B. Reston, stated at a news briefing on July 17, 1978, that the Department had granted visas to Bishop Muzorewa and several of his associates to visit the United States, adding: "We recognize Bishop Muzorewa as a leading Rhodesian nationalist with whom we have maintained continual contact and who we have always assumed will have an important role to play in a negotiated settlement leading to an independent Zimbabwe." Dept. of State News Briefing, DPC 132, July 17, 1978, p. 12.

The visa, issued to each member of the Executive Council by the American Consulate at Johannesburg, South Africa, for the October visit, was stamped on a Foreign Service Form FS-540, “Form for Nonimmigrant Visa Stamp, for use by all posts." The form is used in lieu of placing a visa stamp into a passport, in certain instances, including issuance of the alien's passport by a government with which the United States does not have formal diplomatic relations, and in "other cases as authorized by the Department." Foreign Affairs Manual, Vol. 9,

Visas, Pt. II, Annotated Nonimmigrant Visa Regulations, 22 CFR 41.124 (b), Visa Transmittal Letter 835, Dec. 26, 1972, and Pt. IV, Appendixes, Appendix D, General Visa Instructions, Visa Transmittal Letter 777, Mar. 9, 1970.

In respect of the Rhodesian Constitutional Agreement, on Mar. 14, 1978, the U.N. Security Council, by a vote of 10-0-5 abstentions (the United States, the United Kingdom, Canada, the Federal Republic of Germany, and France), adopted Res. 423, declaring it illegal and unacceptable. U.N. Doc. S/RES/423 (1978), Mar. 14, 1978; Dept. of State Bulletin, Vol. 78, No. 2013, Apr. 1978, p. 57. For expressions of the U.S. position regarding the Agreement, see: President Carter's news conference No. 27, Mar. 9, 1978, Weekly Comp. of Pres. Docs., Vol. 14, No. 10, Mar. 13, 1978, p. 495, and Dept. of State Bulletin, Vol. 78, No. 2013, Apr. 1978, p. 23; Dept. of State Press Release No. 110, Mar. 8, ibid., p. 30; and statement by Ambassador Andrew Young, U.S. Permanent Representative to the United Nations, in the Security Council on Mar. 14, prior to adoption of Res. 423, ibid., p. 56. See, further, this Chapter, § 1.

On Sept. 26, 1978, the International Security Assistance Act of 1978 had been signed into law (P.L. 95-384, 92 Stat. 730). Sec. 27 of that Act provided:

RHODESIA EMBARGO

Sec. 27. In furtherance of the foreign policy interests of the United States, the Government of the United States shall not enforce sanctions against Rhodesia after December 31, 1978, provided that the President determines that

(1) the Government of Rhodesia has demonstrated its willingness to negotiate in good faith at an all-parties conference, held under international auspices, on all relevant issues; and

(2) a government has been installed, chosen by free elections in which all political and population groups have been allowed to participate freely, with observation by impartial, internationally-recognized observers.

85

Puerto Rico

Self-Governing and Non-Self-Governing
Territories

Self-Determination

In observance of the twenty-sixth anniversary of the proclamation of the Constitution of the Commonwealth of Puerto Rico, July 25, 1952, President Jimmy Carter emphasized the continuing United States commitment to the principle of self-determination for the people of Puerto Rico. In a statement addressed to the people of Puerto Rico, the President said:

Today marks Puerto Rico's 80th year under the American flag, and the 26th anniversary of the founding of the Commonwealth of Puerto Rico, a form of government freely and democratically adopted by the people of Puerto Rico. Since 1898 and as American citizens since 1917, you have made a rich contribution to the life of the United States while preserving your own unique culture and traditions within the broader community.

As you commemorate this anniversary, I would like to emphasize that the United States remains fully committed to the principle of self-determination for the people of Puerto Rico. President Eisenhower made that commitment in 1953, and this has been the position

of all U.S. administrations since that time. We continue to regard it as the fundamental principle in deciding Puerto Rico's future. My administration will repect the wishes of the people of Puerto Rico and your right to self-determination. Whatever decision the people of Puerto Rico may wish to take-statehood, independence, Commonwealth status, or mutually agreed modifications in that status-it will be yours, reached in accordance with your own traditions, democratically and peacefully.

Governor Romero Barcelo has called for a referendum after the 1980 elections in Puerto Rico to decide Puerto Rico's future status. Should the government of Puerto Rico decide to hold a referendum, I will support, and urge the Congress to support, whatever decision the people of Puerto Rico reach.

The people of the United States are proud of our cultural and political associations with Puerto Rico over the last 80 years. We know that we can best honor our friendship, and our own democratic principles, by respecting your free choice about your own future. Weekly Comp. of Pres. Docs., Vol. 14, No. 30, July 31, 1978, p. 1336.

The United Nations Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (also referred to as the Special Committee on Decolonization, and as the Committee of Twenty-four) discussed Puerto Rico at its meetings from August 28 through September 12, 1978, as a separate item entitled "Special Committee decision of 2 September 1977 concerning Puerto Rico" (see United Nations General Assembly Off. Rec., 32d Sess., Supp. No. 23 (A/32/23/Rev. 1), Vol. I, ch. I, par. 64). During the course of its discussions, it heard the various views of thirty-three individuals or organization representatives on the political status of Puerto Rico. For the list, see the Report of the Special Committee, ch. I, par. 59, U.N. Doc. A/33/23 (Part I), Nov. 29, 1978, pp. 25-26. On the first day of the discussions, August 28, Ambassador Andrew Young, the United States Permanent Representative to the United Nations, commented upon the relationship between the people of Puerto Rico and the United States. Excerpts from his statement before the Special Committee follow:

The Puerto Rican people were granted U.S. citizenship in 1917. After World War II the two sides agreed on a program of greater political and economic control to be placed in the hands of the people of the Island. In 1948 the people of Puerto Rico began to elect their own Governor, as well as the members of their Legislative Assembly

The most significant step in that period took place in 1952 when the people of Puerto Rico opted for a commonwealth relationship with the mainland United States, in a free and democratic plebiscite. In 1953, accordingly, the United Nations General Assembly recognized that with the creation of the Commonwealth, the people of Puerto Rico had effectively exercised their right to self-determina

tion. In doing so, the Assembly rightly considered that the Declaration regarding non-self-governing territories no longer applied to Puerto Rico.

A quarter-century has passed since that time, along with many events affecting the Island. The current Governor of Puerto Rico, the Honorable Carlos Romero Barcelo, has called for a referendum of the status of the Island after the 1980 elections. Other leading political figures on the Island have also called for a status referendum.

Under the terms of the Commonwealth Agreement and in conformity_with_the principle of self-determination, the people of Puerto Rico themselves, not the United States, set the terms of any status referendum. The appropriate role of the U.S. Government is to support the right of Puerto Rican people to make their own choice in the full dignity of that right of self-determination.

This is accordingly the position of President Carter . . . . After quoting from President Carter's statement of July 25, ante, Ambassador Young concluded by saying:

The United States will respect and support the rights of the Puerto Rican people to determine again their political course through a free and democratic referendum. The open and democratic nature of this process should be clear to all. Ours is an open society, and in that connection the United States would do nothing to stand in the way of a decision by the Puerto Rican people to extend an invitation to the U.N., the OAS [Organization of American States] or other appropriate international bodies to observe a referendum.

Puerto Rico is a self-governing commonwealth, possessing a free, democratic, multi-party system. All political groups are at liberty to express their views, as they most likely will do in the upcoming deliberations of the Committee of 24, and to mobilize their supporters. Its present relationship with the United States was freely chosen by the people of Puerto Rico.

Any change in this relationship will also be freely chosen. This has been the position of successive U.S. administrations. This is the commitment, publicly expressed, of President Carter. This is the view embodied in his proclamation [statement] of July 25, 1978, to the people of Puerto Rico, issued on the eightieth anniversary of their association with the United States.

Press Release USUN-78(78), Aug. 28, 1978.

On Sept. 12, 1978, the Special Committee adopted, by a vote of 10-0-12 abstentions, a resolution, based upon a revised Cuban-Iraqi draft (U.N. Doc. A/AC.109/L.1276/Rev. 1, Sept. 8. 1978), which "reaffirmed" the "inalienable right of the people of Puerto Rico to self-determination and independence in accordance with General Assembly Res. 1514 (XV) [the Declaration on the Granting of Independence to Colonial Countries and Peoples, adopted Dec. 14, 1960].” U.N. Doc. A/AC.109/574. Sept. 13, 1978; Provisional Verbatim Record of the 1133d Meeting, U.N. Doc. A/AC.109/PV.1133, Sept. 13, 1978, pp. 32/35. See, also, the Report of the Special Committee, pars. 61, 73, U.N. Doc. A/33/23 (Pt. I), Nov. 29, 1978, pp. 28, 33-36.