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UNITED
NATIONS
A

        General Assembly
Distr.
GENERAL
A/45/759
21 November 1990

ORIGINAL: ENGLISH

Forty-fifth session
Agenda item 103

IMPORTANCE OF THE UNIVERSAL REALIZATION OF THE RIGHT OF PEOPLES
TO SELF-DETERMINATION AND OF THE SPEEDY GRANTING OF INDEPENDENCE
TO COLONIAL COUNTRIES AND PEOPLES FOR THE EFFECTIVE GUARANTEE
AND OBSERVANCE OF HUMAN RIGHTS

Report of the Third Committee

Rapporteur: Mr. Mario DE LEON (Philippines)

I. INTRODUCTION

1. At its 3rd plenary meeting, on 21 September 1990, the General Assembly, on the recommendation of the General Committee, decided to include in its agenda the item entitled "Importance of the universal realization of the right of peoples t& self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights" and to allocate it to the Third Committee.

2. The Committee considered this item jointly with items 88, 91 and 98 at its 4th to 10th, 18th. 28th, 29th and 31st meetings, on 10 to 12, 15, 16 and 24 October and 1. 2 and 5 November 1980. An account of the Committee's general discussion of the item is contained in the relevant summary records (A/C.3/45/SR.4-10).

3. For its consideration of the item. the Committee had before it the following documentation;

(a) Report of the Secretary-General on the importance of the universal realization of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights (A/45/500);

(b) Note by the Secretary-General transmitting the report of the Special Rapporteur on the use of mercenaries as a means to violate human rights and to impede the exercise of the right of peoples to self-determination (A/45/488).

4. At the 3rd meeting, on 8 October 1990, the Under-Secretary-General for Human Rights made an introductory statement on the item. At the same meeting, the Committee also heard an introduction by the Special Rapporteur on the question of the use of mercenaries as a means to violate human rights and to impede the exercise of the right of peoples to self-determination (see A/C.3/45/SR.3).

II. CONSIDERATION OF PROPOSALS

A. Draft resolution A/C.3/45/L.6

5. At the 18th meeting, on 24 October, the representative of Sierra Leone, on behalf of the States Members of the United Nations that are members of the Group of African States, introduced a draft resolution (A/C.3/45/L.6) entitled "Importance of the universal realization of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights".

6. At the same meeting, the representative of Sierra Leone orally revised the draft resolution by adding, at the end of the seventh preambular paragraph, the words "and the Declaration on Apartheid and its Destructive Consequences in Southern Africa" adopted by the General Assembly on 14 December 1989 and the same phrase in operative paragraph 13, between "21 August 1989" and "by releasing".

7. At its 29th meeting, on 2 November, following a statement by the representative of Israel in explanation of vote before the vote (see A/C.3/45/SR.29). the Committee adopted the draft resolution, as orally revised, by a recorded vote of 104 to 15, with 23 abstentions (see para. 18, draft resolution I). The voting was as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Cote d’Ivoire, Cuba, Cyprus, Djibouti, Dominican Republic, Ecuador, Egypt, Ethiopia, Fiji, Gabon, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras. India. Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya, Malawi, Malaysia, Maldives, Mali, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar. Namibia, Nepal. Nicaragua, Niger, Nigeria, Oman, Pakistan. Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Singapore, Solomon Islands, Somalia, Sudan Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Uganda, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia and Zimbabwe.

Against Belgium* Canada, Denmark, Finland, Prance, Germany, Iceland,
Israel, Italy, Luxembourg, Netherlands, Norway, Sweden, United Kingdom of Great Britain and Northern Ireland and United States of America.

Abstaining Australia, Austria, Bulgaria, Byelorussia Soviet Socialist Republic, Costa Rica, Czechoslovakia, Dominica, El Salvador, Greece, Hungary, Ireland, Japan, Liechtenstein, Malta, New Zealand, Poland, Portugal, Romania, Samoa, Spain, Turkey, Ukrainian Soviet Socialist Republic and Union of Soviet Socialist Republics.

8. At the same meeting, after the adoption of the draft resolution, statements in explanation of vote were made by the representatives of the United States, Italy (on behalf of the States members of the European Community), Argentina, Uruguay, Czechoslovakia, Poland, Chile, Bulgaria, Hungary and Australia (see A/C.3/45/SR.29).

9. At the 31st meeting, 5 November, statements In explanation of vote were made by the representatives of Romania, Turkey, the Union of Soviet-Socialist Republics, Mexico, El Salvador, the Byelorussian Soviet Socialist Republic, Ecuador, Paraguay and the Dominican Republic (see A/C.3/45/SR.31).
B. Draft resolution A/C.3/45/L.9

10. At the 18th meeting, the representative of Pakistan, on behalf of Botswana, Brunei, Darussalam, Chile, Colombia, Comoros, Costa Rica, Djibouti, Ecuador, Jordan, Malaysia, Mauritania, Morocco, Oman, Pakistan, Papua New Guinea, the Philippines, Qatar, Samoa, Saudi Arabia,Senegal, Singapore, Somalia, the Sudan, Thailand and the United Arab Emirates, introduced a draft resolution (A/C.3/45/L.9) entitled "Universal realization of the right of peoples to self-determination". Subsequently, Sierra Leone and Vanuatu joined in sponsoring the draft resolution.

11. At its 31st meeting, on 5 November 1990, the Committee adopted the draft resolution without a vote (see para. 18, draft resolution II).

12. After the adoption of the draft resolution, a statement was made by the representative of India (see A/C.3/45/SR.31).
C. Draft resolution A/C.3/45/L.10

13. At the 18th meeting, the representative of Nigeria, on behalf of Algeria, Angola, Benin, Bolivia, Botswana, Burkina Faso, Colombia, Cuba, Ecuador, Ethiopia, Gambia, Ghana, Guinea, Kenya, Lesotho, the Libyan Arab Jamahiriya, Maldives, Liberia, Mali, Mexico, Mozambique, Namibia, Nigeria, Peru, Senegal, Sierra Leone, the Sudan, Swaziland, Uganda, the United Republic of Tanzania, Viet Nam, Zambia and Zimbabwe, introduced a draft resolution (A/C.3/45/L.10) entitled "Use of mercenaries as a means to violate human rights and to impede the exercise of the right of peoples to self-determination".

14. Subsequently, Madagascar and Vanuatu joined in sponsoring the draft resolution.

15. At the 31st meeting, following a statement by the representative of El Salvador and a statement in explanation of vote before the vote by the representative of Italy (on behalf of the States members of the European Community) (see A/C.3/45/SR.31), the Committee adopted the draft resolution by a recorded vote of 105 to 10, with 20 abstentions (see para. 18, draft resolution III). The voting was as follows: 1/

in favour: Afghanistan, Albania, Algeria, Angola, Argentina, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Byelorussian Soviet Socialist Republic, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d’Ivoire, Cuba, Cyprus, Dominican Republic, Ecuador, Egypt, XI Salvador, Gabon, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kenya, Kuwait, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint Kitts and Nevis, Samoa, Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia, Sudan, Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Emirates, United Republic of Tanzania, Uruguay, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.

Belgium, France, Germany, Italy, Japan, Luxembourg, Netherlands, Portugal, United Kingdom of Great Britain and Northern Ireland and United States of America.

Abstaining: Australia, Austria, Bulgaria, Canada, Czechoslovakia, Denmark, Finland, Greece, Hungary, Iceland, Ireland, Israel, Malta, New Zealand, Norway, Poland, Romania, Spain, Sweden and Turkey.

16. At the same meeting, statements in explanation of vote after the vote were made by the representatives of the United States, Brazil, Japan, Turkey, Paraguay, Malawi and Norway (also on behalf of Denmark, Finland, Iceland and Sweden).

17. Also at the same meeting, statements were made by the representatives of Uganda* Zambia, Australia, Algeria, Zimbabwe and Nigeria in connection with the draft resolutions adopted.
III. RECOMMENDATIONS OF THE THIRD COMMITTEE

18. The Third Committee recommends to the General Assembly the adoption of the following draft resolutions*
DRAFT RESOLUTION I

Importance of the universal realization of the right of peoples
to self-determination and of the speedy granting of independence
to colonial countries and peoples for the effective guarantee
and observance of human rights

The General Assembly,

Reaffirming its faith in the importance of the implementation of the Declaration on the Granting of independence to Colonial Countries and Peoples contained in its resolution 1514 (XV) of 14 December 1960,

Reaffirming also the importance of the universal realization of the right of peoples to self-determination, national sovereignty and territorial integrity and of the speedy granting of independence to colonial countries and peoples as imperatives for the full enjoyment of all human rights,

Reaffirming further the obligation of all Member States to comply with the principles of the Charter of the United Nations and the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and foreign domination,

Recalling its resolution 1514 (XV) and all relevant resolutions concerning the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples,

Welcoming Namibia's attainment of independence,

Bearing in mind the Declaration adopted by the World Conference on Sanctions against Racist South Africa, 2/

Welcoming the adoption at Harare on 21 August 1989 of the Declaration of the Organization of African Unity Ad Hoc Committee on Southern Africa on the question of South Africa 3/ and if subsequent endorsement by the Ninth Conference of Head of State or Government of Non-Aligned Countries, held at Belgrade from 4 to 7 September 1989, 4/ as well as the report of the Monitoring Group of the Ad Hoc Committee on Southern Africa of the Organization of African Unity, 5/ and the Declaration on Apartheid and its Destructive Consequences in Southern Africa, 6/ adopted by the General Assembly on 14 December 1989,

Bearing in mind the outcome of the International Conference on the Alliance between South Africa and Israel, held at Vienna from 11 to 13 July 1983, 7/

Taking note of resolution CM/Res.1272 (LI I) on South Africa adopted by the Council of Ministers of the Organization of African Unity at its fifty-second ordinary session, held at Addis Ababa from 3 to 7 July 1990, 8/

Reaffirming that the system of apartheid imposed on the South African people constitutes a violation of the fundamental rights of that people, a crime against humanity and a constant threat to international peace and security,

Reaffirming also its resolution 39/2 of 28 September 1984, and recalling Security Council resolution 554 (1984) of 17 August 1984, in which the Council rejected the so-called "new constitution" as null and void, and Council resolution 569 (1985) of 26 July 1985,

Alarmed by the continuing acts of assassinations and abductions of members and leaders of the national liberation movements in Africa and elsewhere by hit squads deployed and paid by the racist regime,

Welcoming its resolution 44/244, adopted by consensus on 14 September 1990, in which, inter alia. it called upon the South African regime to abide fully by the Declaration on Apartheid and its Destructive Consequences in Southern Africa,

Noting that, while some significant political measures in the right direction have been undertaken by the apartheid regime, such as the lifting of the ban on political organizations and the release of some political prisoners, apartheid is still firmly in place,

Welcoming the ongoing talks between the African National Congress of South Africa and the South African regime aimed at establishing a political environment suitable for negotiations towards the dismantling of apartheid, and the results achieved thus far as contained in the Groote Schuur Minute 9/ and the Pretoria Minute,

Noting with concern that political trials and the detention of political activists continue unabated in South Africa and in total disregard of the agreements reached in talks between the regime and the African National Congress of South Africa,

Deeply concerned abort the current wave of violence in South Africa resulting from the continued existence of apartheid policies, practices and structures as well as from actions of those forces opposed to the democratic transformation of the country,

Gravely concerned about the apartheid regime's continued use of the death penalty against South African patriots with contemptuous disregard for appeals for clemency from the international community, including the General Assembly,

Considering the concerted campaign by the President of the apartheid regime to project himself as a reformer in order to ward off the further imposition of sanctions by the international community,

Deeply concerned about the continued terrorist acts of aggression committed by the Pretoria regime against independent African States in the region, in particular the unprovoked attacks against Mozambique, Zambia and Zimbabwe,

Deeply indignant at the persistent policy of hostility by the racist regime of South Africa against Angola, which constitutes an act of aggression against the sovereignty and territorial integrity of that country,

Reaffirming the national unity and territorial integrity of the Comoros,

Recalling the Political Declaration adopted by the first Conference of Heads of State and Government of the Organization of African Unity and the League of Arab States, held at Cairo from 7 to 9 March 1977, 10/

Recalling also the Geneva Declaration on Palestine and the Programme of Action for the Achievement of Palestinian Rights, adopted by the International Conference on the Question of Palestine, 11/

Considering that the denial of the Inalienable right of the Palestinian people to self-determination, sovereignty. Independence and return to Palestine and the brutal suppression by the Israeli forces of the heroic uprising, the Intifadah. of the Palestinian population in the occupied territories, as well as repeated Israeli aggression against the population of the region, constitute a serious threat to International peace and security,

Bearing in mind Security Council resolutions 605 (1987) of 22 December 1987, 607 (1988) of 5 January 1988 and 608 (1988) of 14 January 1988 and General Assembly resolutions 43/21 of. 3 November 1988, 43/177 of 15 December 1«88 and 44/2 of 6 October 1989, on the deterioration of the situation of the Palestinian people la the occupied territories,

Deeply concerned and alarmed at the deplorable consequences of Israel's acts of aggression against Lebanon and Its practices la and if continuing occupation of parts of southern Lebanon, as well as its refusal to Implement the relevant resolutions of the Security Council, In particular resolution 425 (1978) of 19 March 1978,

1. Calls upon all States to implement fully and faithfully all the resolutions of the United Nations regarding the exercise of the right to Self-determination and Independence by peoples under colonial and foreign commination;

2. Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial domination, apartheid and foreign occupation by all available means, including armed struggle;

3. Reaffirms also the inalienable right of the Palestinian people and all peoples under foreign occupation and colonial domination to self-determination, national independence, territorial integrity, national unity and sovereignty without foreign interference;

4. Strongly condemn those Governments that do not recognize the right to
Self-determination and independence of all peoples still under colonial domination, alien subjugation and foreign occupation, notably the peoples of Africa and the Palestinian people;

5. Calls upon Israel to refrain from deporting any Palestinian civilians from the occupied Palestinian territories and to release immediately all Palestinian detainees;

6. Strongly condemns the constant and deliberate violations of the fundamental rights of the Palestinian peoples, as well as the expansionist activities of Israel in the Middle East, which constitute an obstacle to the achievement of self-determination and Independence by the Palestinian people and a threat to peace and stability in the region;

7. Urges all States, the specialized agencies and organizations of the United Nations system, as well as other international organizations, to extend their support to the Palestinian people through Its sole and legitimate representative, the Palestinian Liberation Organization, la its struggle to regain its right to self-determination and independence in accordance with the Charter of the United Nations;

8. Urgently appeals to all States, the United Nations system and other international organizations to assist in the reconstruction and economic development of Namibia;

9. Condemns the policy of "bantustanization" and reiterates its support for the oppressed people of South Africa in its just and legitimate struggle against the racist minority regime of Pretoria;

10. Reaffirms its rejection of the so-called "new constitution" as null and void, and reiterates that peace in South Africa can be guaranteed only by the establishment of majority rule through the full and free exercise of adult suffrage by all the people in a united and undivided South Africa)

11. Commends the mass democratic movement in South Africa for the tremendous advances scored during the recent campaign of defiance to unjust apartheid laws in the ongoing struggle against apartheid;

12. Welcomes the unconditional release of Nelson Mandela and other political prisoners but condemns the continuing practice of detentions and imprisonment of political activists by the apartheid regime;

13. Strongly urges the apartheid regime to respond positively to the provisions of the Declaration of the Organization of African Unity Ad Hoe Committee on Southern Africa on the question of South Africa, adopted at Harare on 21 August 1989, 9/ and the Declaration on Apartheid and if Destructive Consequences in Southern Africa, 6/ adopted by the General Assembly on 14 December 1909, by releasing unconditionally all political prisoners and by halting all political trials as a means of creating an environment conducive to the peaceful resolution of the South African situation)

14. Determines that the South African racist regime must take additional steps to implement the profound and irreversible changes called for in the Declaration;

15. Calls for an immediate end to violence and calls upon the South African regime to take urgent action to end it, specifically by dismantling the apartheid structure.: and ensuring that effective and impartial action is taken by its security forces and calls upon all parties concerned to contribute to the establishment of a climate free of violence;

16. Strongly condemns the establishment and use of armed terrorist groups by South Africa with a view to pitting them against the national liberation movements and destabilizing the legitimate Governments of southern African;

17. Calls once again for the full implementation of the provisions of the Declaration adopted by the World Conference on Sanctions against Racist South Africa; A/

18. Again demands the immediate application of the mandatory arms embargo against South Africa, imposed under Security Council resolution 418 (1977) of 4 November 1977, by all countries and more particularly by those countries that maintain military and nuclear co-operation with the racist Pretoria regime and continue to supply it with related materiel;

19. Strongly condemns the policy of those western States, Israel and other States whose political, economic, military, nuclear, strategic, cultural and sports relations with the racist minority regime of South Africa encourage that regime to persist in its suppression of the aspirations of the people to self-determination and independence;

20. Denounces the collusion between Israel and South Africa and expresses support for the Declaration of the International Conference on the Alliance between South Africa and Israel 7/

21. Strongly condemns the persistent policy of hostility and aggression pursued by racist South Africa against the sovereignty and territorial integrity of Angola, which constitutes a violation of the New York accord of 22 December 1980, 12/

22. Demands that the Pretoria regime respect the sovereignty and territorial integrity of Angola and the principle of non-interference in the internal affairs of that State, and demands the immediate payment of compensation to Angola for damages caused, in accordance with the relevant decisions and resolutions of the Security Council;

23. Commends the Government of Angola for its political will, diplomatic flexibility and constructive spirit in the search for a negotiated solution to the problems of southern Africa;

24. Strongly reaffirm its solidarity with the independent African countries and national liberation movements that are victims of murderous acts of aggression and destabilization by the racist regime of Pretoria, and calls upon the international community to render increased assistance and support to these countries in order to enable them to strengthen their defence capacity, defend their sovereignty and territorial integrity and peacefully rebuild and develop;

25. Strongly condemn the racist regime of South Africa for Its past acts of destabilization against Lesotho, and strongly urges the international community to continue to extend maximum assistance to Lesotho to enable it to fulfil its international humanitarian obligations towards refugees and to use its influence on the racist regime of South Africa so that it desists from such acts against Lesotho;

26. Demands that the racist regime of South Africa pay full and adequate compensation to Botswana for the loss of life and damage to property resulting from the unprovoked and unwarranted military attacks of 14 June 1985, 19 May 1986 and 20 June 1988 on the capital of Botswana;

27. Strongly condemns the escalation of massacres of defenceless people and the continuing destruction of economic and social infrastructures perpetrated against Mozambique by armed terrorists* who are an extension of the South African army of aggression;

28. Reaffirms all relevant resolutions adopted by the Organization of African Unity and the United Nations on the question of Western Sahara, including General Assembly resolution 44/88 of 11 December 1989, and calls upon the current Chairman of the Assembly of Heads of State and Government of the Organization of African Unity and the Secretary-General of the United Nations to continue their efforts to find a jus: and lasting solution to the question;

29 Notes the contacts between the Government of the Comoros and the Government of Prance in the search for a just solution to the problem of the integration of the Comoros island of Mayotte into the Comoros, in accordance with the resolutions of the Organization of African Unity and the United Nations on the question;

30. Strongly condemns the continued violation of the human rights of the peoples still under colonial domination and alien subjugation;

31. Calls for a substantial increase in all forms of assistance given by all States, United Nations organs, the specialized agencies and non-governmental organizations to the victims of racism, racial discrimination and apartheid through national liberation movements recognized by the Organization of African Unity;

32. Reaffirms that the practice of using mercenaries against sovereign States and national liberation movements constitutes a criminal act, and calls upon the Governments of all countries to enact legislation declaring the recruitment, financing and training of mercenaries in their territories and the transit of mercenaries through their territories to be punishable offences, and prohibiting their nationals from serving as mercenaries, and to report on such legislation to the Secretary-General;

33. Demands the immediate and unconditional release of all persons detained or imprisoned as a result of their struggle for self-determination and independence, full respect for their fundamental individual rights and compliance with article 5 of the Universal Declaration of Human Rights, U/ under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment;

34. Expresses its appreciation for the material and other forms of assistance that peoples under colonial rule continue to receive from Governments, organizations of the United Nations system and other intergovernmental organizations, and calls for a substantial increase in that assistance;

35. Urges all States, the specialized agencies and other competent organizations of the United Nations system to do their utmost to ensure the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and to intensify their efforts to support peoples under colonial, foreign and racist domination in their just struggle for self-determination and independence;

36. Requests the Secretary-General to give maximum publicity to the Declaration on the Granting of Independence to Colonial Countries and Peoples and to give the widest possible publicity to the struggle of oppressed peoples for the achievement of their self-determination and national independence and to report periodically to the General Assembly on his activities in this regard;

37. Decides to consider this Item at its forty-sixth session on the basis of the reports on the strengthening of assistance to colonial Territories and peoples that Governments, organizations of the United Nations system, other intergovernmental organizations and non-governmental organizations have been requested to submit.

DRAFT RESOLUTION II

Universal realization of the right of peoples to self-determination

Reaffirming the importance, for the effective guarantee and observance of human rights, of the universal realization of the right of peoples to self-determination enshrined in the Charter of the United nations and embodied in the International Covenants on Human Rights, 14/ as well as In the Declaration on the Granting of Independence to Colonial Countries and Peoples contained in General Assembly resolution 1514 (XV) of 14 December 1960,

Welcoming the progressive exercise of the right to self-determination by peoples under colonial, foreign or alien occupation and their emergence into sovereign statehood and independence,

Deeply concerned at the continuation of acts or threats of foreign military intervention and occupation that are threatening to suppress, or have already suppressed, the right to self-determination of an increasing number of sovereign peoples and nations,

Expressing grave concern that, as a consequence of the persistence of such actions, millions of people have been and are being uprooted from their homes as refugees and displaced persons, and emphasizing the urgent need for concerted international action to alleviate their condition,

Recalling the relevant resolutions regarding the violation of the right of peoples to self-determination and other human rights as a result of foreign military intervention, aggression and occupation, adopted by the Commission on Human Rights at its thirty-sixth, 15/ thirty-seventh, 16/ thirty-eighth, 17/ thirty-ninth, 18/ fortieth, 19/ forty-first,20/ forty-second, 21/ forty-third, 22/ forty-fourth, 23/ forty-fifth 24/ and forty-sixth sessions, 25/

Reiterating its resolutions 35/35 B of 14 November 1980, 36/10 of 28 October 1981, 37/42 of 3 December 1982, 38/16 of 22 November 1983, 39/18 of 23 November 1984, 40/24 of 29 November 1985, 41/100 of 4 December 1986, 42/94 of 7 December 1987, 43/105 of 8 December 1988 and 44/80 of 8 December 1989,
1. Reaffirms that the universal realization of the right of all peoples, including those under colonial, foreign and alien domination, to self-determination is a fundamental condition for the effective guarantee and observance of human rights and for the preservation and promotion of such rights;

2. Declares its firm opposition to acts of foreign military intervention, aggression and occupation, since these have resulted la the suppression of the right of peoples to Belt-determination and other human rights in certain parts of the world;

3. Call a upon those States responsible to cease immediately their military intervention and occupation of foreign countries and territories and all acts of repression, discrimination, exploitation and maltreatment, particularly the brutal and inhuman methods reportedly employed for the execution of these acts against the peoples concerned;
4. Deplores the plight of the millions of refugees and displaced persons who have been uprooted as a result of the aforementioned acts, and reaffirms their right to return to their homes voluntarily in safety and honour;

5. Requests the Commission on Human Rights to continue to give special attention to the violation of human rights, especially the right to self-determination, resulting from foreign military intervention, aggression or occupation;

6. Requests the Secretary-General to report on this issue to the General Assembly at its forty-sixth session under the item entitled "Importance of the universal realization of the right of peopled to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights".
DRAFT RESOLUTION III

Use of mercenaries as a means to violate human rights and to impede
the exercise of the right of peoples to self-determination

Recalling the purposes and principles enshrined in the Charter of the United Nations concerning the strict observance of the principles of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, as well as a scrupulous respect for the principle of the non-use or threat of the use of force in international relations, as developed in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States, 27/

Reaffirming the legitimacy of the struggle of peoples and their liberation movements for their Independence, territorial Integrity, national unity and liberation from colonial domination, apartheid and foreign intervention and occupation, and that their legitimate struggle can in no way be considered as or equated to mercenary activity,

Recognizing that the use of mercenaries is a threat to international peace and security,

Deeply concerned about the menace that the activities of mercenaries represents for all States, particularly African and other developing States,

Alarmed at the emergence of new international criminal activities of mercenaries in collusion with drug traffickers,

Recognizing that the activities of mercenaries are contrary to the fundamental principles of International law, such as non-interference in the Internal affairs of States, territorial Integrity and Independence, and Impede the process of the self-determination of peoples struggling against colonialism, racism and apartheid and all forms of foreign domination,

Recalling all of its relevant resolutions, as well as those of the Security Council, the Economic and Social Council and the Organization of African Unity, in which, inter alia. it condemned any State that permitted or tolerated the recruitment, financing, training, assembly, transit and use of mercenaries, with the objective of overthrowing the Governments of States Members of the United Nations, especially those of developing countries, or of fighting against national liberation movements,

Deeply concerned about the loss of life, the substantial damage to property and the short-term and long-term negative effect on the economy of southern African countries resulting from mercenary aggression,

Convinced that it is necessary to develop international co-operation among States for the prevention* prosecution and punishment of such offences,

Welcoming the adoption of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, 28/

1. Takes note with appreciation of the report of the Special Rapporteur of the Commission on Human Rights; 29/

2. Condemns the recruitment, financing, training, assembly, transit and use of mercenaries, as well as all other forms of support to mercenaries for the purpose of destabilizing and overthrowing the Governments of African States and of other developing States and fighting against the national liberation movements of peoples struggling for the exercise of their right to self-determination;

3. Affirms that the use of mercenaries and their recruitment, financing and training are offences of grave concern to all States and violate the purposes and principles enshrined in the Charter of the United Nations;

4. Strongly condemns the racist regime of South Africa for its use of groups of armed mercenaries against national liberation movements and for the destabilization of the Governments of southern African States;

5. Denounces any State that persists in the recruitment, or permits or tolerates the recruitment, of mercenaries and provides facilities to them for launching armed aggression against other States;

6. Urges all States to take the necessary steps a»'d to exercise the utmost vigilance against the menace posed by the activities of mercenaries and to ensure, by both administrative and legislative measures, that the territory of those States and other territories under their control, as well as their nationals, are not used for the recruitment, assembly, financing, training and transit of mercenaries, or for the planning activities designed to destabilize or overthrow the Government of any State and to fight the national liberation movements struggling against racism, apartheid, colonial domination and foreign intervention or occupation;

7. Call a upon all States to extend humanitarian assistance to victims of situations resulting from the use of mercenaries, as wall as from colonial or alien domination of foreign occupation;

8. Considers that to use channels of humanitarian and other assistance to finance, train and arm mercenaries is inadmissible;

9. Urges all States to take early action to sign, accede to or ratify the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, in order to expedite the coming into force of that Convention;

10. Requests the Secretary-General to report to the General Assembly at its forty-sixth session on the use of mercenaries.

NOTES

1/ The delegations of Ghana, Ethiopia and Djibouti subsequently indicated that, had they been present during the voting, they would have voted in favour of the draft resolution.
2/ Report of the World Conference on Sanctions against Racial South Africa. Para. 16-20 June 1986 (United Nations publication. Sales No. E.86.I.23), chap. IX.
3/ A/44/697, annex.
4/ See A/44/551-S/20870, annex.
5/ A/44/963, annex.
6/ Resolution S-16/1.
7/ See A/38/311-S/15883, annex.
8/ See A/45/482, annex I.
9/ A/45/268, annex.
10/ See Official Records of the Security Council. Thirty-second Year. Supplement for January, February and March 1977. document S/12298.
11/ Report of the International Conference on the Question of Palestine. Geneva. 29 August-7 September 1983 (United Nations publication. Sales No. E.83.I.21), chap. I,
12/ A/43/989-S/20346, annex.
13/ Resolution 217 A (III).
14/ See resolution 2200 A (XXI), annex.
15/ See Official Records of the Economic and Social Council 1980. Supplement No. 3 and corrigendum (E/1960/13 and Corr.l), chap. XXVI, sect. A.
16/ Ibid., l981 Supplement No. 5 and corrigendum (B/1981/25 and Corr.l), chap. XXVIII, sect. A.
17/ Ibid., l982 Supplement No. 2 and corrigendum (R/1982/12 and Corr.l), chap. XXVI, sect A.
18/ Ibid.. l983. Supplement No. 3 and corrigendum (E/1983/13 and Corr.l), chap. XXVII, sect. A.
l9/ Ibid., 1684. Supplement No. 4 and corrigendum (B/1984/14 and Corr.l), chap. II, sect. A,
20/ Ibid., 1985. Supplement No. 2 (B/1985/22), Chap. II, sect. A.
21/ Ibid., 1886. Supplement No. 2 (E/1986/22), chap. II, SCCt. A.
22/ Ibid.. 1987. Supplement No. 5 and corrigenda (E/1987/18 and Corr.l and 2), chap. II, sect. A.
23/ Ibid., 1988. supplement No. 2 and corrigendum (E/1988/12 and Corr.l), chap. II, sect. A.

24/ Ibid., 1989. Supplement No. 2 (E/1989/20), chap. II, sect. A.
25/ Ibid., 1"90. Supplement Ho. 2 (E/1990/22), chap. II, sect. A.
26/ A/45/500.
27/ Resolution 2625 (XXV), annex.
28/ Resolution 44/34, annex.
29/ A/45/488, annex.



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