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Le droit des peuples à l'autodétermination - Résolution de l'AG

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UNITED
NATIONS
A

        General Assembly
Distr.
GENERAL
A/RES/44/79
8 December 1989

Original: English

44/79.
    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,

Recalling also its resolutions on the question of Namibia, in particular resolutions 2145 (XXI) of 27 October 1966 and S-14/1 of 20 September 1986, as well as the relevant Security Council resolutions, in particular resolutions 385 (1976) of 30 January 1976, 435 (1978) of 29 September 1978, 629 (1989) of 16 January 1989, 632 (1989) of 16 February 1989 and 640 (1989) of 29 August 1989,

Recalling further the final communiqué adopted by the United Nations Council for Namibia at its ministerial meeting held at United Nations Headquarters on 2 October 1987,

Expressing its support for, and solidarity with, the people of Namibia in their demand for the removal of the racist South African military personnel from Namibia and for the total removal of former Koevoet elements from the South West Africa Police,

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

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 and its subsequent endorsement by the Ninth Conference of Heads of State or Government of Non-Aligned Countries, held at Belgrade from 4 to 7 September 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,

Taking note of resolutions CM/Res.1206 (L) on Namibia and CM/Res.1207 (L) on South Africa adopted by the Council of Ministers of the Organization of African Unity at its fiftieth ordinary session, held at Addis Ababa from 17 to 22 July 1989,

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, Council resolution 569 (1985) of 26 July 1985 and the statement made by the President of the Security Council on 13 June 1986 on the nation-wide state of emergency in South Africa,

Alarmed by the increasing number 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,

Deeply concerned that the restrictions imposed by the Pretoria regime in 1988 on thirty-four democratic and non-violent organizations have not been lifted and that since the beginning of 1989 severe restrictions have been imposed on over six hundred political activists committed to peaceful means of struggle against apartheid,

Indignant at the latest ploy of the Pretoria regime aimed at legitimizing its undemocratic structures, namely, the staging on 6 September 1989 of so-called "general elections" for its tri-cameral parliamentary system, which has been overwhelmingly rejected,

Outraged by the massacre of twenty-nine peaceful demonstrators by the racist police during a non-violent protest against the so-called "general elections",

Deeply concerned about the racist regime's increased attacks on the religious community and its individual leaders, including the recent poisoning of the Secretary-General of the South African Council of Churches, as well as the spraying of poisonous substances in the church premises serving as the venue for a conference of religious leaders,

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 new 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 Botswana, 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,

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,

Considering that the denial of the inalienable rights 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 the 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 1988 and 44/2 of 6 October 1989, on the deterioration of the situation of the Palestinian people in the occupied territories,

Deeply concerned and alarmed at the deplorable consequences of Israel's continuing acts of aggression against Lebanon and recalling all the relevant resolutions of the Security Council, in particular resolutions 425 (1978) of 19 March 1978, 508 (1982) of 5 June 1982, 509 (1982) of 6 June 1982, 520 (1982) of 17 September 1982 and 521 (1982) of 19 September 1982,

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 domination;

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 Namibian people, 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 condemns 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 people, 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 Palestine Liberation Organization, in its struggle to regain its right to self-determination and independence in accordance with the Charter of the United Nations;

8. Welcomes the adoption by the Security Council of resolutions 629 (1989) and 632 (1989), by which the Council commenced the process of implementing the United Nations plan for the independence of Namibia, contained in its resolutions 385 (1976) and 435 (1978);

9. Reaffirms that Namibia remains under the direct and legal responsibility of the United Nations until independence, and expresses full support for the inalienable rights of the Namibian people to self-determination and genuine national independence, in a united Namibia, with its territorial integrity untruncated;

10. Expresses concern that South Africa has persistently violated the letter and spirit of Security Council resolution 435 (1978), which remains the only internationally acceptable basis for the peaceful settlement of the Namibian conflict and must be implemented in its original and definitive form;

11. Demands the immediate and unconditional release of all Namibians still imprisoned and detained by the Pretoria regime;

12. Demands also that the racist regime of Pretoria put an immediate end to the persistent denial of equal access to the State-controlled media in Namibia by all political organizations participating in the electoral process in accordance with Security Council resolution 435 (1978);

13. 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 Namibian people in their struggle for self-determination and national independence in accordance with the Charter;

14. 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;

15. Reaffirms its rejection of the so-called "new constitution" and the so-called "general elections" based on that 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;

16. 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;

17. Strongly condemns the holding of so-called "general elections" on 6 September 1989, which will further entrench white supremacy, and demands the calling of free and fair elections based on universal adult suffrage in a united and democratic South Africa;

18. Also strongly condemns the wanton killing of peaceful and defenceless demonstrators and workers on strike, as well as the arbitrary arrests of leaders and activists of the mass democratic movement, including women and young children, and demands their immediate and unconditional release, in particular that of Nelson Mandela;

19. Further strongly condemns South Africa for the imposition, renewal and extension of the state of emergency under its repugnant Internal Security Act and calls for the immediate lifting of the state of emergency, as well as the repeal of the Internal Security Act and all other legislation designed to circumscribe political activity;

20. Welcomes the unconditional release of Walter Sisulu and six other political prisoners and demands that the apartheid regime lift the restrictions imposed on all of the released political prisoners;

21. Strongly urges the apartheid regime to respond positively to the provisions of the Declaration of the Organization of African Unity Ad Hoc Committee on Southern Africa on the question of South Africa, adopted at Harare on 21 August 1989, by releasing unconditionally all political prisoners and detainees, including Nelson Mandela, by lifting all bans and restrictions on all proscribed and restricted organizations and persons, and by halting all political trials and political executions as a means of creating an environment conducive to the peaceful resolution of the South African situation;

22. Strongly condemns the increased attacks on the religious community and its leaders and demands that the racist Pretoria regime bring to justice those responsible for the bombing of the offices of religious bodies and for the poisoning of the Secretary-General of the South African Council of Churches and the attempts to poison other religious leaders;

23. Also 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 Africa;

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

25. 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 which maintain military and nuclear co-operation with the racist Pretoria regime and continue to supply it with related materiel;

26. 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;

27. 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;

28. 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 1988;

29. 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;

30. 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;

31. Strongly reaffirms 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;

32. Strongly condemns the racist regime of Pretoria for its 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 so that it desists from such acts against Lesotho;

33. Also strongly condemns the unprovoked and unwarranted military attacks of 14 June 1985, 19 May 1986 and 20 June 1988 on the capital of Botswana, and demands that the racist regime pay full and adequate compensation to Botswana for the loss of life and damage to property;

34. Further 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;

35. 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 43/33 of 22 November 1988, 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 just and lasting solution to the question;

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

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

38. 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;

39. 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;

40. 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, under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment;

41. 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;

42. 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;

43. 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;

44. Decides to consider this item at its forty-fifth 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.

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