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General Assembly - 10 dicembre 1981
RESOLUTION 36/121
Resolution A36r121

10 December 1981

Question of Namibia A Situation in Namibia resulting from the illegal occupation of the Territory by South Africa

The General Assembly,

Having examined the report of the United Nations Council for Namibia and the relevant chapters of the report 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,

Recalling its resolution 1514 (XV) of 14 December 1960 containing the Declaration on the Granting of Independence to Colonial Countries and Peoples,

Recalling, in particular, its resolutions 2145 (XXI) of 27 October 1966 and 2248 (S-V) of 19 May 1967 and subsequent resolutions of the General Assembly and the Security Council relating to Namibia, as well as the advisory opinion of the International Court of Justice of 21 June 1971, delivered in response to the request addressed to it by the Council in its resolution 284 (1970) of 29 July 1970,

Recalling also its resolutions 3111 (XXVIII) of 12 December 1973 and 31/146 and 31/152 of 20 December 1976, by which it, inter alia, recognized the South West Africa People's Organization as the sole and authentic representative of the Namibian people and granted observer status to it,

Taking into consideration the Panama Declaration and Programme of Action on Namibia, adopted by the United Nations Council for Namibia at its extraordinary plenary meeting held at Panama City on 5 June 1981,

Taking into consideration the resolution on Namibia adopted by the Council of Ministers of the Organization of African Unity at its thirty-seventh ordinary session, held at Nairobi from 15 to 21 June 1981, and endorsed by the Assembly of Heads of State and Government of the Organization of African Unity at its eighteenth ordinary session, held at Nairobi from 24 to 27 June 1981, as well as decisions of the Organization of African Unity reaffirming the unequivocal support of Member States for the just armed struggle of liberation waged by the people of Namibia under the leadership of the South West Africa People's Organization, the sole legitimate and genuine representative of the Namibian people,

Strongly condemning the United Kingdom of Great Britain and Northern Ireland, France and the United States of America for their collusion with the South African racists as manifested in the triple vetoes in the Security Council, where the majority of the world body demonstrated its determination to adopt concrete political and economic measures aimed at isolating terrorist South Africa in order to compel it to vacate Namibia,

Taking into consideration the Paris Declaration on Sanctions against South Africa and the Special Declaration on Namibia, adopted by the International Conference on Sanctions against South Africa, held in Paris from 20 to 27 May 1981,

Welcoming the establishment of a Solidarity Fund by the Movement of Non-Aligned Countries and an Emergency Namibia Liberation Fund by the Organization of African Unity to support the efforts of the South West Africa People's Organization in its liberation struggle,

Stressing the grave responsibility of the international community to take all possible measures in support of the Namibian people in their liberation struggle under the leadership of their sole and authentic representative, the South West Africa People's Organization,

Strongly reiterating its support for the national liberation movement of Namibia, the South West Africa People's Organization, the sole and authentic representative of the Namibian people in its struggle to achieve self-determination, freedom and national independence in a united Namibia,

Reaffirming its full support for the armed struggle of the Namibian people under the leadership of the South West Africa People's Organization,

Strongly condemning South Africa's continued illegal occupation of Namibia, its brutal repression of the Namibian people and its ruthless exploitation of the people and resources of Namibia, as well as its attempts to destroy the national unity and territorial integrity of Namibia,

Indignant at South Africa's refusal to comply with Security Council resolutions 385 (1976) of 30 January 1976, 431 (1978) of 27 July 1978, 435 (1978) of 29 September 1978 and 439 (1978) of 13 November 1978 and at its manoeuvres aimed at gaining international recognition for illegitimate groups which it has installed in Namibia and which are subservient to Pretoria's interests in order to maintain its policies of domination and exploitation of the people and natural resources of Namibia,

Strongly condemning the racist regime of South Africa for its efforts to develop a nuclear capability for military and aggressive purposes,

Deeply concerned by the increasing militarization of Namibia and by the continuing acts of aggression against neighbouring independent African States particularly Angola and Zambia, which have caused extensive loss of human lives and destruction of economic infrastructure,

Noting with grave concern that the Security Council failed on 31 August 1981, on account of the veto of the United States, to exercise its responsibilities in the face of unprovoked massive armed aggression against Angola,

Reaffirming that the resources of Namibia are the inviolable heritage of the Namibian people and that the exploitation of those resources by foreign economic interests under the protection of the repressive racist colonial administration, in violation of the Charter of the United Nations, of the relevant resolutions of the General Assembly and the Security Council, and of Decree No. 1 for the Protection of the Natural Resources of Namibia, enacted by the United Nations Council for Namibia on 27 September 1974, is illegal and contributes to the maintenance of the illegal occupation regime,

Indignant at the arbitrary imprisonment and detention of political leaders and followers of the South West Africa People's Organization, the killing of Namibian patriots and other acts of brutality, including the wanton beating, torture and murder of innocent Namibians, and the arbitrary inhuman measures of collective punishment and measures designed to intimidate the Namibian people and to destroy their will to fulfil their legitimate aspirations for self-determination, freedom and national independence in a united Namibia,

Commending the efforts of the United Nations Council for Namibia in the discharge of the responsibilities entrusted to it under the relevant resolutions of the General Assembly as the legal Administering Authority for Namibia until independence,

1. Approves the report of the United Nations Council for Namibia;

2. Requests all Member States to co-operate fully with the United Nations Council for Namibia, the legal Administering Authority for the Territory until independence, in discharging the mandate entrusted to it under the provisions of General Assembly resolution 2248 (S-V) of 19 May 1967 and subsequent resolutions of the Assembly;

3. Reaffirms the inalienable right of the people of Namibia to self-determination, freedom and national independence in a united Namibia, including Walvis Bay and the off-shore islands, in accordance with the Charter of the United Nations and as recognized in General Assembly resolutions 1514 (XV) and 2145 (XXI), as well as in subsequent resolutions of the Assembly relating to Namibia, and the legitimacy of their struggle by all means at their disposal, including armed struggle, against the illegal occupation of their territory by South Africa;

4. Reiterates that Namibia is the direct responsibility of the United Nations until genuine self-determination and national independence are achieved in the Territory and, for this purpose, reaffirms the mandate given to the United Nations Council for Namibia as the legal Administering Authority for Namibia until independence;

5. Strongly supports the efforts of the United Nations Council for Namibia in the discharge of the responsibilities entrusted to it both as a policy-making organ of the United Nations and as the legal Administering Authority for Namibia;

6. Reaffirms that the South West Africa People's Organization, the national liberation movement of Namibia, is the sole and authentic representative of the Namibian people;

7. Supports the armed struggle of the Namibian people, under the leadership of the South West Africa People's Organization, to achieve self-determination, freedom and national independence in a united Namibia;

8. Solemnly reaffirms that the genuine independence of Namibia can be achieved only with the direct and full participation of the South West Africa People's Organization, the sole and authentic representative of the Namibian people, in all efforts to implement resolutions of the United Nations on Namibia and further reaffirms that the only parties to the conflict in Namibia are, on the one hand, South Africa, which is illegally occupying the Territory and committing aggression against the people, and, on the other, the Namibian people, under the leadership of the South West Africa People's Organization, supported by the United Nations, which has direct responsibility for the Territory until independence;

9. Calls upon Member States, specialized agencies and other international organizations to render sustained and increased support and material, financial military and other assistance to the South West Africa People's Organization to enable it to intensify its struggle for the liberation of Namibia;

l0. Strongly condemns the South African regime for its continued illegal occupation of Namibia and for its persistent refusal to comply with the resolutions of the United Nations relating to Namibia;

11. Strongly condemns the manoeuvres of South Africa in Namibia aimed at transferring power to illegitimate groups subservient to its interests in order to maintain its policies of domination and exploitation of the people and natural resources of the Territory and declares that actions taken in this regard by the racist Pretoria regime are illegal, null and void;

12. Strongly condemns South Africa for its ever increasing military build-up in Namibia, its recruitment and training of Namibians for tribal armies and the use of mercenaries to carry out its policy of military attacks against independent African States, particularly Angola and Zambia, its threats and acts of subversion and aggression against these countries and the forcible and massive displacement of Namibians from their homes for military and political purposes;

13. Strongly condemns the illegal South African administration for its introduction of compulsory military service for Namibians;

14. Declares that all measures by the illegal occupation regime to enforce military conscription in Namibia are illegal, null and void;

15. Strongly condemns South Africa for obstructing the implementation of Security Council resolutions 385 (1976), 435 (1978) and 439 (1978) and for its manoeuvres, in contravention of those resolutions, designed to consolidate its colonial and neo-colonial interests at the expense of the legitimate aspirations of the Namibian people for genuine self-determination, freedom and national independence in a united Namibia;

16. Condemns South Africa for its increased oppression of the Namibian people for the massive militarization of Namibia and for its armed attacks against neighbouring States, particularly Angola;

17. Strongly condemns the collusion by the Governments of certain Western countries and other States, particularly those of the United States of America, the Federal Republic of Germany and Israel, with the racist regime of South Africa in the nuclear field and calls upon France and all other States to refrain from supplying the racist minority regime in South Africa, directly or indirectly, with installations that might enable it to produce uranium, plutonium and other nuclear materials, reactors or military equipment;

18. Strongly condemns the activities of all foreign economic interests operating in Namibia under the illegal South African administration which are exploiting illegally the resources of the Territory and demands that transnational corporations and others engaged in such exploitation comply with all relevant resolutions of the United Nations by immediately abstaining from any new investment or activities in Namibia, by withdrawing from the Territory and by putting an end to their co-operation with the illegal South African administration;

19. Declares that, by their depletive exploitation of natural resources and the continued accumulation and repatriation of huge profits, the activities of foreign economic, financial and other interests operating at present in Namibia constitute a major obstacle to its political independence;

20. Calls upon the international community, especially all Member States, to continue to refrain from according any recognition to or co-operation with any regime which the illegal South African administration may impose upon the Namibian people in disregard of the provisions of Security Council resolutions 385 (1976), 435 (1978) and 439 (1978) and other relevant resolutions of the General Assembly and the Council;

21. Reiterates that, in accordance with the resolutions of the United Nations, in particular General Assembly resolution S-9/2 of 3 May 1978 and Security Council resolution 432 (1978) of 27 July 1978, Walvis Bay and the off-shore islands of Namibia are an integral part of Namibia and that any decision by South Africa to annex Walvis Bay is therefore illegal, null and void;

22. Affirms that the off-shore islands of Namibia - including Penguin, Ichaboe, Hollamsbird, Mercury, Long, Seal, Halifax, Possession, Albatross Rock, Pomona, Plum Pudding and Sinclair's -

are an integral part of Namibia and that any decision by South Africa to claim sovereignty over those islands is illegal, null and void;

23. Strongly condemns the illegal South African administration for its massive repression of the people of Namibia and their national liberation movement, the South West Africa People's Organization, with the intention of establishing an atmosphere of intimidation and terror for the purpose of imposing upon the Namibian people a political arrangement aimed at undermining the territorial integrity and unity of Namibia as well as perpetuating the systematic plunder of the natural resources of the Territory;

24. Demands that South Africa immediately release all Namibian political prisoners, including all those imprisoned or detained under the so-called internal security laws, martial law or any other arbitrary measures, whether such Namibians have been charged or tried or are being held without charge in Namibia or South Africa;

25. Demands that South Africa account for all "disappeared" Namibians and release any who are still alive and declares that South Africa shall be liable for damages to compensate the victims, their families and the future lawful Government of an independent Namibia for the losses sustained;

26. Declares that the illegal occupation of Namibia by South Africa continues to constitute an act of aggression against the Namibian people and against the United Nations, which has direct responsibility for the Territory until independence;

27. Declares that South Africa's defiance of the United Nations, its illegal occupation of the Territory of Namibia, its war of repression against the Namibian people, its persistent acts of aggression launched from bases in Namibia against independent African States, its policy of apartheid and its development of nuclear weapons constitute a serious threat to international peace and security;

28. Calls upon the international community to extend, as a matter of urgency, full support and assistance, including military assistance, to the front-line States in order to enable them to defend their sovereignty and territorial integrity against the repeated acts of aggression by South Africa;

29. Demands that South Africa urgently comply fully and unconditionally with the resolutions of the Security Council, in particular, resolutions 385 (1976) and 435 (1978) and subsequent resolutions of the Council relating to Namibia;

30. Reaffirms that Security Council resolution 435 (1978), in which the Council endorsed the United Nations plan for the independence of Namibia, is the only basis for a peaceful settlement;

31. Firmly rejects the latest manoeuvres by certain members of the Western contact group aimed at undermining the international consensus embodied in Security Council resolution 435 (1978) and depriving the oppressed Namibian people of their hard-won victories in the struggle for national liberation;

32. Demands the immediate commencement of the unconditional implementation of Security Council resolution 435 (1978) without any prevarication, qualification or modification and not later than December 1981;

33. Strongly urges the Security Council to act decisively against any dilatory manoeuvres and fraudulent schemes of the illegal occupation regime aimed at frustrating the legitimate struggle of the Namibian people, under the leadership of the South West Africa People's Organization, for self-determination and national liberation, as well as at negating the achievements of their just struggle;

34. Strongly urges the Security Council, in the light of the serious threat to international peace and security posed by South Africa, to respond positively to the overwhelming demand of the international community by immediately imposing against that country comprehensive mandatory sanctions as provided for in Chapter VII of the Charter of the United Nations.

B

Action by Member States in support of Namibia The General Assembly,

Having examined the report of the United Nations Council for Namibia,

Recalling its resolutions 2145 (XXI) of 27 October 1966 and 2248 (S-V) of 19 May 1967, as well as its subsequent resolutions relating to Namibia,

Recalling its resolution 3295 (XXIX) of 13 December 1974, by which it requested all Member States to take measures to ensure compliance with Decree No. 1 for the Protection of the Natural Resources of Namibia, enacted by the United Nations Council for Namibia on 27 September 1974,

Taking into consideration the Panama Declaration and Programme of Action on Namibia, adopted by the United Nations Council for Namibia at its extraordinary plenary meeting held at Panama City on 5 June 1981,

Recalling its request to the Security Council, in the light of the serious threat to international peace and security posed by South Africa, to respond positively to the overwhelming demand of the international community by immediately imposing against that country comprehensive mandatory sanctions as provided for in Chapter VII of the Charter of the United Nations,

Recalling its call upon States, in view of the threat to international peace and security posed by South Africa, to impose against that country comprehensive mandatory sanctions in accordance with the provisions of the Charter,

Recalling its call upon States to cease forthwith, individually and collectively, all dealings with South Africa in order totally to isolate it politically, economically, militarily and culturally,

Conscious of the continuing need to mobilize world public opinion against the involvement of foreign economic, financial and other interests in the exploitation of the human and natural resources of Namibia, which contributes to the perpetuation of the illegal South African occupation of Namibia,

1. Requests all States to take legislative, administrative and other measures, as appropriate, in order effectively to isolate South Africa politically, economically, militarily and culturally, in accordance with General Assembly resolution ES-8/2 of 14 September 1981;

2. Calls upon all States to sever all diplomatic, consular and trade relations with South Africa;

3. Requests all States, in furtherance of the objective of bringing to an end South Africa's illegal occupation of Namibia, to prevent:

(a) The import into their territories of all commodities and products originating in South Africa or illegally occupied Namibia and exported therefrom after the date of the present resolution, whether or not the commodities or products are for consumption or processing in their territories, whether or not they are imported in bond and whether or not any special legal status with respect to the import of goods is enjoyed by the port or other place where they are imported or stored;

(b) Any activities by their nationals or in their territories which would promote or are calculated to promote the export of any commodities or products from South Africa or occupied Namibia, and any dealings by their nationals or in their territories in any commodities or products originating in South Africa or occupied Namibia and exported therefrom after the date of the present resolution, including in particular any transfer of funds to South Africa or occupied Namibia for the purposes of such activities or dealings;

(c) The sale or supply by their nationals or from their territories of any commodities or products - whether or not originating in their territories, but not including supplies intended strictly for medical purposes, educational equipment and material for use in schools and other educational institutions, publications, news material and, in special humanitarian circumstances, foodstuffs - to any person or body in South Africa or occupied Namibia or to any other person or body for the purposes of any business carried on in or operated from South Africa or occupied Namibia and any activities by their nationals or in their territories which promote or are calculated to promote such sale or supply;

4. Requests all States not to make available to the regime of

South Africa or illegally occupied Namibia, or to any commercial, industrial or public utility undertaking, including tourist enterprises, in South Africa or occupied Namibia, any funds for investment or any other financial or economic resources, and to prevent their nationals and any persons within their territories from making available to the regime or to any such undertaking any such funds or resources and from remitting any other funds to persons or bodies within South Africa or occupied Namibia, except payments exclusively for pensions or for strictly medical, humanitarian or educational purposes or for the provision of news material and, in special humanitarian circumstances, foodstuffs;

5. Requests all States to prevent the entry into their territories, save on exceptional humanitarian grounds, of any person travelling on a South African passport, regardless of its date of issue, or on a purported passport issued by or on behalf of the illegal administration of South Africa in Namibia;

6. Calls upon all States to prohibit travel for any purpose, including tourism, sports and scientfic and cultural exchanges, by their nationals to South Africa or occupied Namibia;

7. Requests all States to prevent airline companies constituted in their territories and aircraft of their registration or under charter to their nationals from operating to or from South Africa or occupied Namibia and from linking up with any airline company constituted or aircraft registered in South Africa or occupied Namibia;

8. Reiterates that the exploitation of the resources of Namibia by foreign economic interests under the protection of the repressive racist administration, in violation of the Charter of the United Nations, of relevant resolutions of the General Assembly and the Security Council and of Decree No. 1 for the Protection of the Natural Resources of Namibia, is illegal and contributes to the maintenance of the illegal occupation regime;

9. Requests once again all Member States to take all appropriate measures, including legislation and enforcement action, to ensure the full application of, and compliance with, the provisions of Decree No. 1 for the Protection of the Natural Resources of Namibia;

10. Calls upon all States to prohibit State-controlled corporations from investing or obtaining concessions in Namibia, as called for in Security Council resolutions 276 (1970) of 30 January 1970, 283 (1970) of 29 July 1970 and 301 (1971) of 20 October 1971;

11. Calls upon all States to prohibit companies of their nationality not under direct governmental control from investing or obtaining concessions in Namibia and to announce that they will not protect such investments against claims of a future lawful government of Namibia;

12. Requests all States to prevent investment in projects or corporations within their territories by corporations or individuals of South African nationality, or based in South Africa or illegally occupied Namibia;

13. Requests all States to adopt legislation which will penalize corporations dealing with South Africa or with entities in illegally occupied Namibia by the denial of tax relief and the imposition of fines exceeding the amount of profits derived from those dealings;

14. Requests all States to prohibit:

(a) The sale or supply of petroleum or petroleum products to any person or body in South Africa or occupied Namibia, or to any person or body for the purpose of eventual supply to South Africa or occupied Namibia;

(b) Any activities by their nationals or in their territories which promote or are calculated to promote the sale or supply of petroleum or petroleum products to South Africa or occupied Namibia;

(c) The shipment in vessels, aircraft or any other means of transportation of their registration, or under charter to their nationals, of any petroleum or petroleum products to South Africa or occupied Namibia;

(d) Any investments in, or provision of technical and other assistance, including technical advice and spare parts, to the petroleum industry in South Africa or occupied Namibia;

(e) The provision of transit facilities in their territory, including the use of their ports, airports, roads or railway network, to vessels, aircraft or any other means of transportation carrying petroleum or petroleum products to South Africa or occupied Namibia;

(f) Any activities by their nationals or in their territories which promote or are calculated to promote the prospecting for petroleum in South Africa or occupied Namibia;

15. Requests all States to cease forthwith any provision to South Africa of arms and related materiel of all types, including the sale or transfer of weapons and ammunition, military vehicles and equipment, paramilitary police equipment and spare parts for the aforementioned, and to cease as well the provision of all types of equipment and supplies and grants of licensing arrangements for the manufacture or maintenance of the aforementioned, which would further strengthen South Africa's illegal occupation of Namibia;

16. Requests all States to ensure that arms-export agreements provide for guarantees which would prevent embargoed items or any components thereof from reaching South Africa through third countries under any circumstances, including subcontracts by firms from one country to another;

17. Requests all States to prohibit the export of spare parts for embargoed aircraft and other military equipment belonging to South Africa, and the maintenance and servicing of such equipment;

18. Requests all States to prohibit government agencies and corporations under their jurisdiction from transferring technology for the manufacture of arms and related materiel of all types to South Africa;

19. Requests all States to prohibit government agencies, corporations and individuals under their jurisdiction from investing in the manufacture of arms and related materiel in South Africa;

20. Requests all States to prohibit all imports of arms and related materiel of any type from South Africa;

21. Requests those States which have not yet done so to renounce those elements of bilateral or multilateral treaties in which South Africa has claimed to represent Namibia, or to take other action to ensure that these treaties cannot be interpreted as applying to Namibia;

22. Requests the Governments of the Federal Republic of Germany, the Netherlands and the United Kingdom of Great Britain and Northern Ireland, which operate the Urenco uranium-enrichment plant, to have Namibian uranium specifically excluded from the Treaty of Almelo, which regulates the activities of Urenco;

23. Requests all States, by making use of article 35 B of the Chicago Convention on International Civil Aviation of 1944, to prohibit the carriage of Namibian uranium or other products emanating from Namibia above their territory;

24. Calls upon all States to take effective legislative measures to prevent the recruitment, training and transit of mercenaries for service in Namibia;

25. Urges, having regard to the principles stated in Article 2 of the Charter, States not members of the United Nations to act in accordance with the provisions of the present resolution;

26. Requests the Secretary-General to prepare, in consultation with the United Nations Development Programme, a comprehensive programme of assistance to States which are neighbours of South Africa and Namibia; such assistance should not only envisage the overcoming of short-term difficulties but be designed to enable these States to move towards complete self-reliance;

27. Requests the Secretary-General to report to the General Assembly at its thirty-seventh session on the preparation of the above programme;

28. Requests the United Nations Council for Namibia to seek from any States information relevant to the implementation of the resolutions of the General Assembly and the Security Council on Namibia, particularly Assembly resolution ES-8/2, and to compile information from other sources;

29. Requests the United Nations Council for Namibia, in implementation of paragraph 15 of General Assembly resolution ES-8/2, to continue to monitor the boycott of South Africa and to submit to the Assembly at its thirty-seventh session a comprehensive report on all contacts between Member States and South Africa, containing a systematic analysis of the information received from Member States and other sources on the continuing political, economic, financial and other relations of States and their economic and other interests with South Africa and of measures taken by Member States to terminate all dealings with the racist regime of South Africa;

30. Requests all States to co-operate fully with the United Nations Council for Namibia in the fulfilment of its tasks concerning the implementation of resolution ES-8/2 and to supply such information as may be sought by the Council in pursuance of the present resolution;

31. Requests all States to report to the Secretary-General by the thirty-seventh session of the General Assembly on the measures taken by them to implement the present resolution;

32. Requests the Secretary-General to report to the General Assembly at its thirty-seventh session on the implementation of the present resolution.

C

Programme of work of the United Nations Council for Namibia The General Assembly,

Having examined the report of the United Nations Council for Namibia,

Recalling its resolution 2248 (S-V) of 19 May 1967, by which it established the United Nations Council for Namibia as the legal Administering Authority of Namibia until independence,

Taking into consideration the Panama Declaration and Programme of Action on Namibia, adopted by the United Nations Council for Namibia at its extraordinary plenary meeting held at Panama City on 5 June 1981,

Reaffirming that Namibia is the direct responsibility of the United Nations and that the Namibian people must be enabled to attain self-determination and independence in a united Namibia,

Convinced of the need to continue consultations with the South West Africa People's Organization in the formulation and implementation of the programme of work of the United Nations Council for Namibia as well as in any matter of interest to the Namibian people,

1. Approves the report of the United Nations Council for Namibia, including the recommendations contained therein, and decides to make adequate financial provision for their implementation;

2. Decides that the United Nations Council for Namibia, in the discharge of its responsibilities as the legal Administering Authority for Namibia until independence, shall:

(a)Continue to mobilize international support in order to press for the withdrawal of the illegal South African administration from Namibia in accordance with the resolutions of the United Nations relating to Namibia;

(b)Counter the policies of South Africa against the Namibian people and against the United Nations, as well as against the United Nations Council for Namibia as the legal Administering Authority for Namibia;

(c)Denounce and seek the rejection by all States of all fraudulent constitutional or political schemes through which South Africa may attempt to perpetuate its presence in Namibia;

(d)Ensure non-recognition of any administration or entity installed at Windhoek not issuing from free elections in Namibia, conducted on a territory-wide basis, under the supervision and control of the United Nations, in accordance with the resolutions of the Security Council, in particular resolutions 385 (1976) of 30 January 1976, 435 (1978) of 29 September 1978 and 439 (1978) of 13 November 1978, and subsequent relevant resolutions in their entirety;

3.Decides that the United Nations Council for Namibia shall:

(a)Consult Governments in order to mobilize support for the cause of Namibia and to further the implementation of United Nations resolutions on the question of Namibia;

(b)Represent Namibia in United Nations conferences and intergovernmental and non-governmental organizations, bodies and conferences to ensure that the rights and interests of Namibia shall be adequately protected;

4.Decides that Namibia, represented by the United Nations Council for Namibia, shall participate as a full member in all conferences and meetings organized by the United Nations to which all States or, in the case of regional conferences and meetings, all African States, are invited;

5.Decides that the United Nations Council for Namibia shall also:

(a)Review the progress of the liberation struggle in Namibia in its political, military and social aspects and prepare periodic reports related thereto;

(b)Consider the compliance of Member States with the relevant United Nations resolutions on Namibia, taking into account the advisory opinion of the International Court of Justice of 21 June 1971;

(c)Consider the activities of foreign economic interests operating in Namibia with a view to recommending appropriate policies to the General Assembly in order to counter the support which those foreign economic interests give to the illegal South African administration in Namibia;

(d)Continue to examine the exploitation of and trade in Namibian uranium by foreign economic interests and report on its findings to the General Assembly at its thirty-seventh session;

(e)Notify the Governments of States whose corporations, whether public or private, operate in Namibia of the illegality of such operations;

(f)Send missions of consultation to Governments whose corporations have investments in Namibia in order to review with them all possible action to discourage the continuation of such investments;

(g)Contact administering and managing bodies of foreign corporations operating in Namibia regarding the illegal basis on which they are operating in Namibia;

(h)Draw the attention of the specialized agencies to Decree No.

1 for the Protection of the Natural Resources of Namibia, enacted by the United Nations Council for Namibia on 27 September 1974;

(i)Take all measures to ensure compliance with the provisions of Decree No. 1 for the Protection of the Natural Resources of Namibia, including consideration of the institution of legal proceedings in the domestic courts of States and other appropriate bodies;

(j)Conduct hearings, seminars and workshops in order to obtain relevant information on the exploitation of the people and resources of Namibia by South African and other foreign interests and to expose such activities;

(k)Prepare and publish reports on the political, economic, military, legal and social situation in and relating to Namibia;

(l)Secure the territorial integrity of Namibia as a unitary State, including Walvis Bay and the islands off the shore of Namibia;

6.Requests the Secretary-General to prepare, in accordance with the guidelines established by the United Nations Council for Namibia, an indexed reference book on transnational corporations operating in Namibia;

7.Requests the United Nations Council for Namibia, in its capacity as the legal Administering Authority for Namibia, to accede to the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime of Apartheid and such other related conventions as may be appropriate;

8.Requests all committees and sub-committees of the General Assembly to continue to invite a representative of the United Nations Council for Namibia to participate whenever the rights and interests of Namibians are discussed, and to consult closely with the Council before submitting to the Assembly at its thirty-seventh session any draft resolution which may involve the rights and interests of Namibians;

9.Decides to make adequate financial provision in the section of the budget of the United Nations relating to the United Nations Council for Namibia to finance the office of the South West Africa People's Organization in New York in order to ensure appropriate representation of the people of Namibia through the South West Africa People's Organization at the United Nations;

10.Decides to continue to defray the expenses of representatives of the South West Africa People's Organization, whenever the United Nations Council for Namibia so decides;

11.Declares that all United Nations programmes for the benefit of the Namibian people will be carried out in accordance with the resolutions of the General Assembly in support of the struggle of the Namibian people under the leadership of the South West Africa People's Organization, their sole and authentic representative, to achieve genuine self-determination and national independence in a united Namibia;

12.Requests the United Nations Council for Namibia to continue to consult with the South West Africa People's Organization in the formulation and implementation of its programme of work, as well as in any matter of interest to the Namibian people;

13.Requests the Secretary-General to establish an office of the United Nations Commissioner for Namibia at Luanda early in 1982;

14.Requests the Secretary-General, in order to facilitate financial reporting to the United Nations Council for Namibia, to ensure that, within the section of the budget of the United Nations relating to the Council, the accounts reflect closely the activities of the Council as described in the report of the Council to the General Assembly at its thirty-sixth session;

15.Requests the Secretary-General, in consultation with the President of the United Nations Council for Namibia, to review the requirements of personnel and facilities of all units which service the Council so that the Council may fully discharge all tasks and functions arising out of its mandate;

16.Requests the United Nations Council for Namibia, in the discharge of its responsibilities as the legal Administering Authority for Namibia, to hold a series of plenary meetings in Africa during 1982 and to recommend appropriate action to the General Assembly in the light of the refusal by South Africa to implement Security Council resolution 435 (1978) and requests the Secretary-General to defray the cost of these meetings and to provide the necessary staff and services for them;

17.Requests the Secretary-General to give the widest possible publicity to the extraordinary plenary meetings through all the means at his disposal, including special publications, press releases, and radio and television broadcasts;

18.Requests the Secretary-General, after consulting the United Nations Council for Namibia regarding its assessment of the situation pertaining to Namibia, to carry out preparatory work with a view to organizing, at an appropriate time, an international conference in support of the struggle of the Namibian people for independence;

19.Further requests the Secretary-General to report to the General Assembly at its thirty-seventh session on the preparatory arrangements made.

D

Action by intergovernmental and non-governmental organizations with respect to Namibia The General Assembly,

Having examined the report of the United Nations Council for Namibia,

Taking into consideration the Panama Declaration and Programme of Action on Namibia, adopted by the United Nations Council for Namibia at its extraordinary plenary meeting held at Panama City on 5 June 1981,

Bearing in mind the Declarations adopted by the International Conference on Sanctions against South Africa, held in Paris from 20 to 27 May 1981,

1.Requests all specialized agencies and other organizations and conferences within the United Nations system to grant full membership to Namibia, represented by the United Nations Council for Namibia, so that it may participate as the legal Administering Authority for Namibia in the work of those agencies, organizations and conferences;

2.Requests all specialized agencies and other organizations of the United Nations system to grant a waiver of the assessment of Namibia during the period in which it is represented by the United Nations Council for Namibia;

3.Requests all intergovernmental and non-governmental organizations, bodies and conferences to ensure that the rights and interests of Namibia shall be protected and to invite Namibia, represented by the United Nations Council for Namibia as the legal Administering Authority for Namibia, to participate as a full member whenever such rights and interests are involved;

4.Requests the International Atomic Energy Agency to grant full membership to Namibia, represented by the United Nations Council for Namibia;

5.Requests the Secretary-General of the United Nations and the Administrator of the United Nations Development Programme to take the necessary administrative action to end all contracts between, on the one hand, the United Nations, the United Nations Development Programme and the specialized agencies and, on the other hand, corporations that directly or indirectly support South Africa's illegal occupation of Namibia;

6.Requests the Secretary-General to report to the General Assembly at its thirty-seventh session on the implementation of the above provisions;

7.Requests the Economic and Social Council to consider granting membership in the Executive Committee of the Office of the United Nations High Commissioner for Refugees to Namibia, represented by the United Nations Council for Namibia;

8.Expresses its appreciation to the specialized agencies and other organizations of the United Nations system for their assistance to Namibia, to the United Nations Fund for Namibia, to the United Nations Institute for Namibia and to the Nationhood Programme and requests them to give priority to the allocation of funds for material assistance to the Namibia people;

9.Requests the United Nations Council for Namibia to undertake a programme of co-operation with non-governmental organizations and support groups which are actively engaged in supporting the struggle of the Namibian people under the leadership of the South West Africa People's Organization, their sole and authentic representative, in order to intensify international action in support of the liberation struggle of the Namibian people;

10.Decides to allocate the sum of $US 200,000 to be used by the United Nations Council for Namibia to undertake a programme of co-operation with non-governmental organizations, including support to conferences in solidarity with Namibia arranged by those organizations, dissemination of conclusions of such conferences and support to such other activities as will promote the cause of the liberation struggle of the Namibian people, subject to decisions of the Council in each individual case, on the recommendation of the South West Africa People's Organization.

E

Dissemination of information on Namibia The General Assembly,

Having examined the report of the United Nations Council for Namibia,

Taking into consideration the Panama Declaration and Programme of Action on Namibia, adopted by the United Nations Council for Namibia at its extraordinary plenary meeting held at Panama City on 5 June 1981,

Recalling its resolution ES-8/2 of 14 September 1981,

Stressing the urgent need to mobilize international public opinion on a continuous basis with a view to assisting effectively the people of Namibia in the achievement of self-determination, freedom and independence in a united Namibia and, in particular, to intensify the world-wide and continuous dissemination of information on the struggle for liberation being waged by the people of Namibia, under the leadership of the South West Africa People's Organization, their sole and authentic representative,

Deploring the increased assistance rendered by certain Western countries, especially the United States of America, to South Africa in the political, economic, military and cultural fields and expressing its conviction that this assistance should be exposed with all means available to the United Nations Council for Namibia,

Reiterating the importance of publicity as an instrument for furthering the mandate given by the General Assembly to the United Nations Council for Namibia and mindful of the pressing need for the Department of Public Information of the Secretariat to intensify its efforts to acquaint world public opinion with all aspects of the question of Namibia, in accordance with policy guidelines formulated by the Council,

1.Requests the United Nations Council for Namibia to consider ways and means of increasing the dissemination of information relating to Namibia;

2.Requests the Secretary-General to ensure that the Department of Public Information of the Secretariat, in all its activities of dissemination of information on the question of Namibia, follows the policy guidelines laid down by the United Nations Council for Namibia as the legal Administering Authority for Namibia;

3.Requests the Secretary-General to direct the Department of Public Information, in addition to its responsibility relating to southern Africa, to assist, as a matter of priority, the United Nations Council for Namibia in the implementation of its programme of dissemination of information in order that the United Nations may intensify its efforts to generate publicity and disseminate information with a view to mobilizing public support for the independence of Namibia, particularly in the Western countries;

4.Decides to launch an international campaign in support of the cause of Namibia and to expose and denounce the collusion of certain Western countries with the South African racists and, to this end, requests the United Nations Council for Namibia to formulate a programme of activities on dissemination of information, including the following:

(a)Preparation and dissemination of publications on the political, economic, military and social consequences of the illegal occupation of Namibia by South Africa, as well as on legal matters and on the question of the territorial integrity of Namibia;

(b)Production and dissemination of radio programmes in English, French, German and Spanish designed to draw the attention of world public opinion to the current situation in Namibia;

(c)Production of material for publicity through radio and television broadcasts;

(d)Placement of advertisements in newspapers and magazines;

(e)Production of films, film-strips and slide sets on Namibia;

(f)Production and dissemination of posters;

(g)Full utilization of the resources related to press releases, press conferences and press briefings in order to maintain a constant flow of information to the public on all aspects of the question of Namibia;

(h)Production and dissemination of a comprehensive economic map of Namibia;

(i) Preparation and wide dissemination of booklets, containing:

(i) the texts of declarations and formal statements of the Council;

(ii) joint communiques; communiques and press statements issued by missions of consultation of the Council;

(iii) resolutions of the General Assembly and the Security Council on the question of Namibia together with relevant portions of Assembly resolutions on the question of foreign economic interests operating in Namibia and on military activities in Namibia;

(j) Publicity for and distribution of an indexed reference book on transnational corporations involved in Namibia;

(k) Preparation and dissemination of a booklet based on a study on the implementation of Decree No. 1 for the Protection of the Natural Resources of Namibia enacted by the Council on 27 September 1974;

(l) Acquisition of already-published books and pamphlets for further dissemination;

5. Requests the Secretary-General to allocate, in consultation

with the United Nations Council for Namibia, sales numbers to publications on Namibia selected by the Council;

6. Requests the Department of Public Information to indicate specifically, at the time of preparation of its budget, the items in its work programme which relate to dissemination of information on Namibia;

7. Requests the Secretary-General to provide the United Nations Council for Namibia with the work programme of the Department of Public Information for the year 1982 covering the activities of dissemination of information on Namibia, followed by quarterly reports on the programmes undertaken, including details of expenses incurred;

8. Requests the Secretary-General to establish, in consultation with the United Nations Council for Namibia, basic statistics of Namibia, and to include these statistics in the appropriate United Nations publications;

9. Requests the United Nations Council for Namibia to continue to inform leading opinion makers, media leaders, political and academic institutions and other concerned non-governmental organizations, cultural organizations and support groups about the objectives and functions of the United Nations Council for Namibia and the struggle of the Namibian people under the leadership of the South West Africa People's Organization and also to hold consultations with, and seek the co-operation of, those personalities and institutions by inviting them on special occasions to participate in the deliberations of the Council;

10. Requests Member States to broadcast programmes on their national radio and television networks and to publish material in their official news media, informing their populations about the situation in Namibia and the obligation of Governments and peoples to assist in the struggle of Namibians for independence;

11. Requests all Member States to commemorate and publicize Namibia Day and to issue special postage stamps for the occasion;

12. Requests the Secretary-General to direct the United Nations Postal Administration to issue a special postage stamp on Namibia by the end of 1982 in commemoration of Namibia Day.

F

United Nations Fund for Namibia The General Assembly,

Having examined the report of the United Nations Council for Namibia on the United Nations Fund for Namibia,

Recalling its resolution 2679 (XXV) of 9 December 1970, by which it decided to establish the United Nations Fund for Namibia,

Recalling also its resolution 3112 (XXVIII) of 12 December 1973, by which it appointed the United Nations Council for Namibia trustee of the United Nations Fund for Namibia,

Taking into consideration the Panama Declaration and Programme of Action on Namibia, adopted by the United Nations Council for Namibia at its extraordinary plenary meeting held at Panama City on 5 June 1981,

Recalling its resolution 34/92 A of 12 December 1979, by which it approved the Charter of the United Nations Institute for Namibia,

Commending the Institute for its effective contribution in promoting the acquisition of skills by young Namibians, thus enabling them to contribute to the administration of a future independent Namibia, and for its research activities into the various political, economic and social aspects of the question of Namibia,

Recalling its resolution 31/153 of 20 December 1976, by which it decided to launch a comprehensive assistance programme within the United Nations system, covering both the period of struggle for independence and the initial years of independence of Namibia,

1. Takes note of the report of the United Nations Council for Namibia on the United Nations Fund for Namibia;

2. Expresses its appreciation to all States, specialized agencies and other organizations within the United Nations system, governmental and non-governmental organizations and individuals that have made voluntary contributions to the United Nations Fund for Namibia, the United Nations Institute for Namibia and the Nationhood Programme for Namibia, and calls upon them to increase their assistance to Namibians through these channels;

3. Decides that the utilization of the resources of the United Nations Fund for Namibia should be considered also in the context of the implementation of the Nationhood Programme for Namibia;

4. Decides to allocate, as a temporary measure, to the United Nations Fund for Namibia the sum of $US 1 million from the regular budget of the United Nations for 1982;

5. Urges the organizations of the United Nations system to waive programme-support costs in respect of projects in favour of Namibians financed from the United Nations Fund for Namibia and other sources;

6. Requests the Secretary-General and the President of the United Nations Council for Namibia to intensify appeals to Governments, intergovernmental and non-governmental organizations and individuals for generous voluntary contributions to the General Account of the United Nations Fund for Namibia and to the special accounts for the Nationhood Programme and the United Nations Institute for Namibia;

7. Invites Governments to appeal once more to their national organizations and institutions for voluntary contributions to the United Nations Fund for Namibia;

8. Requests the specialized agencies and other organizations and bodies of the United Nations system when planning and initiating their new measures of assistance to Namibians to do so within the context of the Nationhood Programme for Namibia and the United Nations Institute for Namibia;

9. Expresses its appreciation for the efforts of the United Nations High Commissioner for Refugees to assist Namibian refugees and requests him to expand these efforts in view of the substantial increase in the number of Namibian refugees;

10. Decides that Namibians shall continue to be eligible for assistance through the United Nations Educational and Training Programme for Southern Africa and the United Nations Trust Fund for South Africa;

11. Decides that the United Nations Council for Namibia shall:

(a) Continue to formulate policies of assistance to Namibians and co-ordinate assistance for Namibia provided by the specialized agencies and other organizations and bodies of the United Nations system;

(b) Continue to act as trustee of the United Nations Fund for Namibia and, in this capacity, administer and manage the Fund;

(c) Provide broad guidelines and formulate the principles and policies for the United Nations Institute for Namibia;

(d) Co-ordinate, plan and direct the Nationhood Programme for Namibia in consultation with the South West Africa People's Organization, with the aim of consolidating all measures of assistance by the specialized agencies and other organizations and bodies of the United Nations system into a comprehensive assistance programme;

(e) Continue to consult with the South West Africa People's Organization in the formulation and implementation of assistance programmes for Namibians;

(f) Report to the General Assembly at its thirty-seventh session on activities in respect of the United Nations Fund for Namibia, the United Nations Institute for Namibia and the Nationhood Programme for Namibia;

12. Commends the efforts of the United Nations Institute for Namibia to provide substantive support for the struggle for freedom of the Namibian people and the establishment of an independent State of Namibia;

13. Requests the United Nations Council for Namibia to prepare and publish, through the United Nations Institute for Namibia, a comprehensive reference book on Namibia, covering aspects of the question of Namibia as considered by the United Nations since its inception, in accordance with the outline prepared by the Council;

14. Urges those specialized agencies and other organizations of the United Nations system which have not done so to review with the United Nations Institute for Namibia ways and means of strengthening its programme of activities;

15. Further urges specialized agencies and other organizations and bodies within the United Nations system to co-operate closely with the United Nations Institute for Namibia in their efforts to support its programme;

16. Commends the progress made in the implementation of the pre-independence components of the Nationhood Programme for Namibia and requests the United Nations Council for Namibia to elaborate and consider in due course policies and contingency plans regarding the transitional and post-independence phases of the Programme;

17. Expresses its appreciation to those specialized agencies and other organizations and bodies of the United Nations system that have contributed to the Nationhood Programme for Namibia and calls upon them to continue their participation in the Programme by:

(a) Implementing projects approved by the United Nations Council for Namibia;

(b) Preparing new project proposals at the request of the Council;

(c) Allocating funds from their own financial resources for the implementation of the projects approved by the Council;

18. Expresses its appreciation to the United Nations Development Programme for its contribution to the financing and administration of the Nationhood Programme for Namibia and calls upon it to continue to allocate, at the request of the United Nations Council for Namibia, funds from the indicative planning figure for Namibia for the implementation of the projects within the Nationhood Programme and to increase the indicative planning figure for Namibia;

19. Requests the Secretary-General to provide the Office of the United Nations Commissioner for Namibia with the necessary resources for the performance of its responsibilities, entrusted to it by the United Nations Council for Namibia, as the co-ordinating authority in the implementation of the Nationhood Programme for Namibia.

 
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