American Foreign Policy, Current Documents

Now, that kind of a resolution, may I say, I think can produce some very salutory effects pending the adjudication of this matter before the World Court. But I repeat my original contention, Mr. President. I cannot read Section 3 without reaching the conclusion that many of its implications call for a prejudgment of the case that Ethiopia and Liberia are going to present to the World Court. And may I say to my African friends, I think you are letting down two of your own number if you take the course of action that is proposed in 653.

299. POLITICAL FREEDOM IN SOUTH-WEST AFRICA: Resolution 1564 (XV), Adopted by the U.N. General Assembly, December 18, 1960 15

The General Assembly,

Having noted, on the basis of the report of the Committee on South West Africa, that leaders of the South West Africa Peoples Organisation and other Africans in the Territory of South West Africa are being subjected to arbitrary imprisonment and deportation,

1. Expresses its deep concern regarding this disturbing development;

2. Urges the Government of the Union of South Africa to instruct the competent authorities in the Mandated Territory of South West Africa to cease the arbitrary imprisoning and deporting of Africans, including the leaders and members of the South West Africa Peoples Organisation, and to ensure the free exercise of political rights and freedom of expression for all sectors of the population.

300. LEGAL ACTION TO INSURE THE FULFILLMENT OF THE OBLIGATIONS ASSUMED BY THE UNION OF SOUTH AFRICA IN RESPECT OF THE TERRITORY OF SOUTH-WEST AFRICA: Resolution 1565 (XV), Adopted by the U.N. General Assembly, December 18, 1960 17

The General Assembly,

Recalling its resolution 1361 (XIV) of 17 November 1959,18 in which it drew the attention of Member States to the conclusions of

15 U.N. General Assembly Official Records, Fifteenth Session, Supplement No. 16 (A/4684). p. 31. This resolution, recommended by the General Assembly's Committee on South-West Africa, was adopted by a vote of 84 (including the U.S.) to 0, with 7 abstentions.

16 See the unnumbered title which precedes doc. 298, supra.

"U.N. General Assembly Official Records, Fifteenth Session, Supplement No. 16 (A/4684), pp. 31-32. This resolution, sponsored by the representatives of 20 of the member states, was adopted by a vote of 86 (including the U.S.) to 0 with 6 abstentions.

Text in American Foreign Policy: Current Documents, 1959, pp. 1120-1121.

Docs. 299, 300

the special report of the Committee on South West Africa 19 concerning the legal action open to Member States to submit to the International Court of Justice any dispute with the Union of South Africa relating to the interpretation or application of the provisions of the Mandate for the Territory of South West Africa,20 if such dispute cannot be settled by negotiation,

Noting with grave concern that the administration of the Territory, in recent years, has been conducted in a manner contrary to the Mandate, the Charter of the United Nations, the Universal Declaration of Human Rights and the resolutions of the General Assembly, including resolution 449 A (V) of 13 December 1950,21 by which the Assembly accepted the advisory opinion of 11 July 1950 of the International Court of Justice on the question of South West Africa,22 Noting that all negotiations and efforts on the part of the General Assembly, of its several committees and organs constituted and authorized for this purpose, and of Member States acting through such committees and organs, have failed to bring about compliance on the part of the Government of the Union of South Africa with its obligations under the Mandate, as is evidenced, inter alia, by the following reports of the said committees and organs to the Assembly: (a) Reports of the Ad Hoc Committee on South West Africa to the General Assembly at its sixth, seventh and eighth sessions,23 (b) Reports of the Committee on South West Africa to the General Assembly at its ninth to fifteenth sessions,2

(c) Reports of the Good Offices Committee on South West Africa to the General Assembly at its thirteenth and fourteenth sessions,25

Noting the aforesaid reports, and in particular the reports of the Committee on South West Africa concerning the failure of negotiations with the Government of the Union of South Africa and the Committee's conclusions that the Union has at all times declined to co-operate in any way with the Committee in the discharge of its functions,

1. Notes with approval the observations of the Committee on South West Africa concerning the administration of the Territory as set out in the Committee's report to the General Assembly at its fifteenth session, and finds that the Government of the Union of South Africa has failed and refused to carry out its obligations under the Mandate for the Territory of South West Africa;

2. Concludes that the dispute which has arisen between Ethiopia, Liberia and other Member States on the one hand, and the Union of

10 U.N. doc. A/3625.

Text in U.N. doc. A/1901, pp. 9-10.

"Text in U.N. General Assembly Official Records, Fifth Session, Supplement No. 20 (A/1775), pp. 55–56.

"International Status of South-West Africa, Advisory Opinion: I.C.J. Reports, 1950, p. 128. [Footnote in source text.]

23 U.N. docs. A/1901 and Add.1-3, A/2261 and Add.1, and A/2475 and Add.1 and 2, respectively.

U.N. docs. A/2666 and Corr. 1, and Add. 1, A/2913 and Add. 1 and 2, A/3151, A/3626, A/3906 and Add. 1, A/4191, and A/4464.

U.N. docs. A/3900 and A/4224.

690-494-6445

South Africa on the other, relating to the interpretation and application of the Mandate has not been and cannot be settled by negotiation; 3. Notes that Ethiopia and Liberia, on 4 November 1960, filed concurrent applications in the International Court of Justice instituting contentious proceedings against the Union of South Africa; 26

4. Commends the Governments of Ethiopia and Liberia upon their initiative in submitting such dispute to the International Court of Justice for adjudication and declaration in a contentious proceeding in accordance with article 7 of the Mandate.

301. THE QUESTION OF SOUTH-WEST AFRICA: Resolution 1568 (XV), Adopted by the U.N. General Assembly, December 18, 1960 27

The General Assembly,

Having recommended, in previous resolutions, that the Territory of South West Africa should be placed under the International Trusteeship System, and having repeatedly invited the Government of the Union of South Africa to propose, for the consideration of the General Assembly, a trusteeship agreement for South West Africa, Having accepted, in resolution 449 A (V) of 13 December 1950, the advisory opinion of 11 July 1950 of the International Court of Justice on the question of South West Africa,2

Taking note with deep regret of the refusal of the Government of the Union of South Africa to modify its administration of the Territory in conformity with the purposes and principles of the Charter of the United Nations and to enter into negotiations with the United Nations, through the Committee on South West Africa,30 with a view to placing the Mandated Territory under the International Trusteeship System,

Noting with grave concern that the administration of the Territory, particularly in recent years, has been conducted in a manner increas ingly contrary to the Mandate, the Charter of the United Nations, the Universal Declaration of Human Rights, the advisory opinions of the International Court of Justice and the resolutions of the General Assembly,

Considering that all the efforts of the United Nations to induce the Government of the Union of South Africa to modify the present

26 See I.C.J. General List, Nos. 46 and 47.

27 U.N. General Assembly Official Records, Fifteenth Session, Supplement No. 16 (A/4684), p. 33. This resolution, sponsored by the representatives of 11 of the member states, was adopted by a vote of 78 to 0, with 15 abstentions (including the U.S.).

28 Text in U.N. General Assembly Official Records, Fifth Session, Supplement No. 20 (A/1775), pp. 55–56.

29 International Status of South-West Africa, Advisory Opinion: I.C.J. Reports, 1950, p. 128. [Footnote in source text.]

Established by par. 12 of U.N. General Assembly Res. 749 A (VIII) of Nov. 28, 1953; text in U.N. General Assembly Official Records, Eighth Session, Supplement No. 17 (A/2630), pp. 26–27.

principles and practices of that administration and to ensure the well-being and security of the indigenous inhabitants of the Territory have been of no avail,

Considering with concern that the present situation in South West Africa constitutes a serious threat to international peace and security, Considering that most of the Mandated Territories which were placed under the International Trusteeship System have acceded or will soon accede to national independence,

Recognizing that the Territory of South West Africa has an inalienable right to independence and to the exercise of its full national sovereignty,

1. Regrets that the Government of the Union of South Africa has so far failed to respond to the repeated appeals of the General Assembly asking it to revise a policy which infringes the fundamental rights and freedoms of the indigenous inhabitants of South West Africa and imposes upon them disabilities of various kinds, hindering their political, economic and social advancement;

2. Deplores and disapproves the policy practised by the Government of the Union of South Africa contrary to its obligations under the international Mandate of 17 December 1920 for South West Africa;

3. Deprecates the application, in the Territory of South West Africa, of the policy of apartheid, and calls upon the Government of the Union of South Africa to revoke or rescind immediately all laws and regulations based on that policy;

4. Invites the Committee on South West Africa, in addition to its normal tasks, to go to South West Africa immediately to investigate the situation prevailing in the Territory and to ascertain and make proposals to the General Assembly on:

(a) The conditions for restoring a climate of peace and security; (b) The steps which would enable the indigenous inhabitants of South West Africa to achieve a wide measure of internal self-government designed to lead them to complete independence as soon as possible;

5. Urges the Government of the Union of South Africa to facilitate the mission of the Committee on South West Africa;

6. Requests the Committee on South West Africa to make a preliminary report on the implemention of the present resolution to the General Assembly at its resumed fifteenth session;

7. Requests the Secretary-General to provide facilities for the execution of the present resolution.

31 Text in U.N. doc. A/1901, pp. 9-10.

UPPER VOLTA

UNITED STATES RECOGNITION OF THE REPUBLIC OF UPPER VOLTA, EFFECTIVE AUGUST 5, 1960: Statement Issued by the Department of State, October 13, 1960 1

C. Status and Pending Independence of the Trust Territories and Other Dependencies in Africa

[THE QUESTION OF TRANSMISSION OF INFORMATION UNDER ARTICLE 73e OF THE UNITED NATIONS CHARTER BY SPAIN AND PORTUGAL WITH RESPECT TO THEIR OVERSEAS TERRITORIES: Resolution 1542 (XV), Adopted by the U.N. General Assembly, December 15, 1960-Ante, doc. 42]

302. THE QUESTION OF THE FUTURE OF RUANDAURUNDI: Resolution 1579 (XV), Adopted by the U.N. General Assembly, December 20, 1960 2

The General Assembly,

Having received the reports of the Trusteeship Council and of the United Nations Visiting Mission to Trust Territories in East Africa, 1960, on the Trust Territory of Ruanda-Urundi called for under General Assembly resolution 1419 (XIV) of 5 December 1959,5

Noting from the report of the Trusteeship Council that it is the Administering Authority's intention to hold early in 1961 elections on the basis of universal adult suffrage, and under the supervision of the United Nations, for the purpose of constituting national assemblies for Ruanda and Urundi,

'Department of State press release No. 596; the Department of State Bulletin, Oct. 31, 1960, p. 702. For the text of the message from President Eisenhower to Prime Minister Yameogo on the occasion of the independence of the Republic of Upper Volta, Aug. 5, see Public Papers of the Presidents of the United States: Dwight D. Eisenhower, 1960–61, p. 611.

U.N. General Assembly Official Records, Fifteenth Session, Supplement No. 16 (A/4684), pp. 34-35. This resolution, sponsored by the representatives of 26 of the member states, was adopted by a vote of 61 to 9, with 23 abstentions (including the U.S.).

3 U.N. doc. A/4404, pt. II, chapter II.

U.N. doc. T/1551.

Text in American Foreign Policy: Current Documents, 1959, p. 1141.

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