Other colonial Territories 1319
Chapter IV Other colonial Territories
Contents
Page Page General aspects...... 1319 Cocos (Keeling) Islands...... 1357 Status of the Falkland Islands (Malvinas) ...... : 1320 General Assembly decision 37/413 ...... 1357 General Assembly decision 37/404 ...... 1346 Gibraltar ...... 1358 Security Council resolution 502(1982) ...... 1347 General Assembly decision 37/412 ...... 1358 Security Council resolution 505(1982) ...... 1347 Guam...... 1358 General Assembly resolution 37/9 ...... 1347 General Assembly resolution 37/21 ...... 1358 East Timor question ...... 1347 Montserrat ...... 1359 General Assembly resolution 37/30 ...... 1349 General Assembly resolution 37/27 ...... 1360 Western Sahara question ...... 1349 Pitcairn ...... 1360 General Assembly resolution 37/28 ...... 1352 General Assembly decision 37/415 ...... 1361 General Assembly decision 37/411 ...... 1353 St. Helena ...... 1361 Other Territories ...... 1353 General Assembly decision 37/416 ...... 1361 American Samoa...... 1353 St. Kitts-Nevis...... 1362 General Assembly resolution 37/20 ...... 1353 General Assembly decision 37/418 ...... 1362 Anguilla ...... 1354 Tokelau ...... 1362 General Assembly decision 37/419 ...... 1354 General Assembly decision 37/414 ...... 1362 Bermuda ...... 1354 Turks and Caicos Islands ...... 1362 General Assembly resolution 37/22 ...... 1354 General Assembly resolution 37/25 ...... 1363 British Virgin Islands ...... 1355 United States Virgin Islands...... 1363 General Assembly resolution 37/23 ...... 1355 General Assembly resolution 37/26 ...... 1364 Brunei ...... 1356 General Assembly decision 37/417 ...... 1356 Related topic: Cayman Islands...... 1356 Treaty for the Prohibition of Nuclear Weapons in Latin General Assembly resolution 37/24 ...... 1357 America (Treaty of Tlatelolco).
For resolutions and decisions of major organs mentioned but not reproduced, refer to INDEX OF RESOLUTIONS AND DECISIONS.
and some 200 smaller ones with a total area of about General aspects 12,000 square kilometres, lie in the South Atlan- tic, some 772 kilometres north-east of Cape Horn. In April 1982, Argentina and the United King- The Falkland Islands (Malvinas) dependencies con- dom alerted the Security Council to a deteriorat- sist of South Georgia, situated about 1,300 kilometres ing situation in the South Atlantic, where a dispute east-south-east of the Falkland Islands (Malvinas) concerning sovereignty over the Falkland Islands group, and the uninhabited South Sandwich Islands, (Malvinas) resulted in an outbreak of armed hostil- some 756 kilometres east-south-east of South Ge- ities between the two countries. Despite Security orgia. At the census held in December 1980, the Council action, intensive negotiations by the population of the Territory, excluding the depen- Secretary-General and mediation efforts by in- dencies, numbered 1,813, of whom just over 1,000 dividual countries, fighting lasted until the mili- lived in Stanley, the capital on East Falkland. tary commanders of both sides signed a cease-fire The extent of progress towards self-determination agreement in mid-June. and independence in other individual Non-Self- On 4 November, the General Assembly requested Governing Territories was again examined in 1982 the two parties to resume negotiations towards a by the General Assembly and its Special Committee peaceful solution of their sovereignty dispute and on the Situation with regard to the Implementa- requested the Secretary-General to undertake a tion of the Declaration on the Granting of Indepen- renewed mission of good offices to assist them in dence to Colonial Countries and Peoples. that task.(2) For most of the Territories, the United Nations The Falkland Islands (Malvinas), consisting of Secretariat prepared working papers for the Com- two large islands (East Falkland and West Falkland) mittee, outlining recent developments. The Com- 1320 Trusteeship and decolonization mittee, and usually its Sub-Committee on Small United Kingdom rejected any attempt to change Territories, examined the situation in each Terri- the situation by force and asked the Council to call tory, hearing further information in most cases from on Argentina to refrain from the use of force. a representative of the administering Power. A set Argentina told the Council that the United of conclusions and recommendations was approved Kingdom’s threat of the use of force against wor- for each Territory, and these were set out in the Com- kers engaged in peaceful commercial activity in (1) mittee’s report to the Assembly, where the situ- South Georgia constituted an act of aggression. ation in the Territories was discussed mainly in the Argentina did not seek that incident; the crisis Fourth Committee. resulted from the perpetuation of, and the irra- Report (1)Committee on colonial countries, A/37/23/Rev.l. tional rejection of a search for a logical solution Resolution (1982). (2)GA: 37/9, 4 Nov. to, the colonial situation. Argentina said that dur- ing lengthy negotiations between the two Govern- ments since the British seizure of the Malvinas by Status of the force in 1833, the United Kingdom had consis- tently rejected Argentine proposals, while Argen- Falkland Islands (Malvinas) tina provided uninterrupted assistance to the Is- lands’ inhabitants. The Malvinas question, Security Council action (April). In a letter to Argentina said, was that of the right of a State to the President of the Security Council dated 1 April territorial integrity; the principle of self- 1982,(l26) the United Kingdom requested an im- determination was inapplicable to that question mediate meeting of the Council, saying it had good because of the forced displacement and replace- reason to believe that Argentina’s armed forces were ment of the islanders with subjects of the occupy- about to invade the Falkland Islands. By a letter ing Power. Argentina would not pursue negotia- of the same date,(8) Argentina informed the Council tions without prior recognition by the United that a situation of grave tension existed between Kingdom of Argentine sovereignty over the is- it and the United Kingdom, citing news reports that lands. In the face of the latest act of aggression, British warships had been sent to the South Atlantic Argentina asserted, it would be obliged to act in region because of a dispute involving Argentine wor- self-defence, to protect its territory and citizens. kers in the South Georgia Islands. Following consultations among the members of At a Council meeting that day, the United King- the Security Council, its President made the fol- lowing statement at the end of the Council meet- dom stated that an Argentine Navy cargo vessel (199) was reported anchored on 19 March at Leith har- ing on 1 April: bour, South Georgia-a dependency of the Falk- lands Islands-over which the United Kingdom had “The Security Council has heard statements from exercised sovereignty since its discovery by Cap- the representatives of the United Kingdom and Ar- tain Cook in 1775, that a large party of Argentines gentina about the tension which has recently arisen were setting up camp and that the Argentine flag between the two Governments. had been hoisted. The Commander of the British The Security Council has taken note of the state- ment issued by the Secretary-General, which reads Antarctic survey base on South Georgia told the as follows: men they had no right to land without seeking per- ‘The Secretary-General, who has already seen the mission from the British authorities and ordered representatives of the United Kingdom and Argen- them either to seek the necessary clearance or to tina earlier today, renews his appeal for maximum res- leave. While Argentina withdrew on 21 March all traint on both sides. He will, of course, return to but about 10 of the party, purported to be non- Headquarters at any time, if the situation demands it.’ military personnel working for a commercial com- The Security Council, mindful of its primary pany, an Argentine naval transport vessel arrived responsibility under the Charter of the United Na- at the harbour on 25 March to deliver further supplies tions for the maintenance of international peace and security, expresses its concern about the tension in the to the men ashore. When requested again to re- region of the Falkland Islands (Islas Malvinas). The move the personnel or request proper authoriza- Council accordingly calls on the Governments of Ar- tion, Argentina pressed on 28 March for talks on gentina and the United Kingdom to exercise the ut- the wider sovereignty issue. The British efforts to most restraint at this time and, in particular, to refrain engage that Government in the search for a diplo- from the use or threat of force in the region and to matic solution had been rebuffed. At the same time, continue the search for a diplomatic solution. it had noted Argentine press reports, supported by The Security Council will remain seized of the government statements, concerning the country’s question.” naval movements in preparation for operations in the South Atlantic; there had also been unautho- The United States expressed its support for the rized flights over the Falklands on 30 March by at statement and its readiness to help in the search least two aircraft of the Argentine Air Force. The for a diplomatic solution. Other colonial Territories 1321
The Secretary-General left New York for Rome, Argentina considered it strange that the United Italy, on the evening of 1 April, on his first trip Kingdom, the party which had taken the Islands away from Headquarters since taking office in through an illegitimate act of force, should call for January. After presiding at a meeting of the Ad- the withdrawal of the Argentine troops which reco- ministrative Committee on Co-ordination at vered the Malvinas for national sovereignty. Rome, he travelled to Geneva, but left there for The United Kingdom, speaking in right of New York on 12 April, thus postponing official reply, asserted that the current crisis originated visits to Berne (Switzerland), Austria and Yu- from Argentina’s armed invasion of the Falklands, goslavia. not from the relatively trivial incident of the ille- By a letter of 2 April,(127) the United Kingdom gal presence of 10 Argentine workers on South Ge- informed the Security Council President that Ar- orgia. To argue that this was not an invasion be- gentine armed forces were invading the Falkland cause the Islands belonged to Argentina, the Islands and requested an immediate meeting of United Kingdom stated, flew in the face of the fact the Council. that the United Nations-including the Commit- Following two meetings on 2 April, the Coun- tee on colonial countries-had accepted the United cil adopted, by 10 votes to 1, with 4 abstentions, Kingdom as the administering Power. It contended a resolution on 3 April,(195) demanding an im- that the people of the Falkland Islands were enti- mediate cessation of hostilities and a withdrawal tled to enjoy the protection of international law and of Argentine forces from the Falkland Islands to have their freely expressed wishes respected. (Malvinas). The Council called on the two Prior to the vote on the United Kingdom draft, Governments to seek a diplomatic solution to their Panama asked for a ruling by the Council Presi- differences and to respect the purposes and prin- dent on whether the proposed text fell under ciples of the Charter of the United Nations. The Chapter VI (relating to pacific settlement of dis- text had been proposed by the United Kingdom putes) or Chapter VII (breaches of the peace and and subsequently revised to include after each acts of aggression) of the United Nations Charter, mention of the Falkland Islands a parenthetical observing that, according to Article 27 of the reference to Islas Malvinas, the Argentine nomen- Charter, a party to a dispute must abstain from clature for the islands in question. voting in decisions taken under Chapter VI. The Introducing the draft on 2 April, the United United Kingdom declared that Article 40 of the Kingdom condemned the Argentine invasion as Charter applied to its proposal relating to a breach a blatant violation of international law and as an of the peace. The Council decided without objec- attempt at imposing by force a foreign and un- tion that the matter fell under Chapter VII and wanted control over 1,900 Falkland Islanders who proceeded to the vote. had chosen in fair elections to maintain their links Speaking in explanation of its negative vote, with the United Kingdom. Panama said the text failed to recognize the Argentina responded that the sovereignty ques- colonial aspect of the problem; because the Mal- tion had been taken up directly with the United vinas were the sovereign territory of Argentina, Kingdom but never with the islanders, and that it was wrong to speak of an invasion or a breach it could not accept the description or interpreta- of the peace. tion of the events as given by the United King- Poland, Spain and the USSR abstained in the dom. It informed the Council that it had recovered vote, asserting that the text ignored the decoloni- on 2 April its national sovereignty over Islas Mal- zation aspect. Also abstaining, China hoped that vinas and its dependencies-South Georgia and negotiations between the two parties would the South Sandwich Islands-in self-defence continue. against acts of aggression by the United Kingdom. Among those voting in favour, France, Guyana, It affirmed its readiness to negotiate, but stated Togo and Uganda deplored the use of force in in- that the sovereignty issue itself was not negotiable. ternational relations, as did Ireland which called Argentina’s Minister for External Relations and for a strict observance of the Charter and the prin- Worship told the Council on 3 April that the Mal- ciple of the peaceful settlement of disputes. vinas question was a colonial issue; he rejected the Uganda and Zaire endorsed the position of the British argument invoking the wishes of the local Movement of Non-Aligned Countries which recog- population, adding that the only inhabitants of the nized Argentina’s claim to the Malvinas while urg- South Sandwich Islands and South Georgia were ing negotiations between the two parties. Guyana, seals, while those of the Malvinas were largely Ireland, Togo and Zaire stressed that their votes British government officials or employees of the were not meant to prejudice the merits of the un- Falkland Islands Company, a colonial firm. Mili- derlying problem. tary preparations and the dispatch of warships to During the Council debate on 3 April, Panama the region by the United Kingdom explained and proposed, but did not press after adoption of the justified Argentina’s actions in defence of its rights. United Kingdom text, a draft resolutiont(3) calling 1322 Trusteeship and decolonization
on the United Kingdom to cease its hostile con- the European Community (EC) condemnmg Ar- duct and refrain from the threat or use of force, gentina’s armed intervention in the Falkland Is- and requesting Argentina and the United King- lands, and urgently appealing to that Government dom to proceed immediately to negotiations based to withdraw its forces immediately, to refrain from on respect for Argentina’s sovereignty over the the use of force and to continue to search for a Malvinas Islands, South Georgia and the South diplomatic solution. Sandwich Islands. Spain said it could not support In a telegram of 5 Apri1,(182) addressed to the the text, which neglected to mention the violent Secretary-General, Dominica called for respect for action resorted to by Argentina. the right of the Falkland Islanders to self- At their request, Australia, Canada and New determination, and deplored Argentine acts of ag- Zealand, on 2 April, and Bolivia, Brazil, Paraguay gression as threatening to the sense of security of and Peru, on 3 April, were invited to participate small States, particularly in the Caribbean. in the discussion without the right to vote. On 9 April,(9) Argentina conveyed an 8 April In the debate, Australia, France, Guyana, Ireland, communication from the United Kingdom declar- Japan, Jordan, New Zealand, Togo and Zaire ing a 200-nautical-mile maritime exclusion zone deplored the invasion as a violation of the Charter’s around the Falkland Islands; Argentina also con- provision on the non-use of force in international veyed the text of its reply, by which it maintained relations. Canada joined them in observing that that the United Kingdom’s communication con- Argentina acted in disregard of the appeals made stituted “a notification of blockade”, an act defined by the Council-and the Secretary-General. as aggression in the General Assembly’s 1974. Defi- Japan, New Zealand and Zaire feared that the nition of Aggression,(l98) and stated that Argen- armed action would increase the tension in the tina would exercise its right of self-defence under region and make the search for a peaceful solu- Article 51 of the Charter. tion more difficult; Australia, France and New In a letter dated 9 April,(128) the United King- Zealand called on Argentina to withdraw its dom stated that because Argentina continued to troops. Australia, Canada, New Zealand and the reinforce its armed forces in the Falkland Islands, United States supported the Council’s call for res- it would establish a 200-nautical-mile maritime ex- traint and the United Kingdom text. clusion zone around the Falklands as from 0400 Panama, however, expressed the view that an hours Greenwich mean time (GMT) on 12 April, action carried out in assertion of national beyond which time any Argentine warships and sovereignty over its own territory could not be con- naval auxiliaries found within that zone were lia- sidered an illegitimate use of force. It was joined ble to be attacked by British forces. by Bolivia, Jordan, Paraguay, Peru and the USSR Responding to Argentina’s letter of 9 April, the in seeing a colonial situation. Brazil, Jordan, United Kingdom, in a letter dated 11 Apri1,(129) Uganda and Zaire also supported Argentina’s stated that its declaration of the maritime exclu- claim to the Malvinas, while endorsing the prin- sion zone fell short of the concept of blockade as ciple of the peaceful settlement of disputes, and understood in international law. The Definition of appealed to both countries to act with moderation. Aggression cited by Argentina referred to the Ireland and Togo stressed that their position was blockade of the coasts of another State and was in relation to the immediate situation existing in therefore not relevant to the zone the United King- the region, without passing judgement on the dom had declared around its own territory; a more merits of the underlying issue. New Zealand hoped relevant portion of the Definition stated that the that negotiations would lead to a settlement that “first use of armed force by a State in contraven- reflected the wishes of the inhabitants of the ter- tion of the Charter shall constitute prima facie evi- ritory. dence of an act of aggression”, it having been de- Communications (3 April-21 May). Between termined that Argentina had been the first to use 3 April and 21 May, the President of the Security armed force. Council and the Secretary-General received a On 13 April,(105) Belgium transmitted a. joint number of communications, mostly from Argen- statement issued on 10 April by the EC members tina and the United Kingdom. The United King- announcing their decision to apply a total embargo dom also transmitted to the Council communica- on the exports of arms and military equipment to tions it had had with the Argentine Government Argentina and to prohibit all imports of Argen- through the Embassy of Switzerland at Buenos tine origin into the Community; they called on Aires; Argentina’s responses were for the most part other Governments to act likewise in order to en- addressed to the Council President. (The follow- sure prompt and full implementation of the Coun- ing were addressed to the Council President ex- cil resolution of 3 April. cept as otherwise noted.) Expressing its concern about the possibility of On 3 April,(104) Belgium transmitted a joint an imminent outbreak of hostilities, Peru sent a statement of 2 April by the 10 States members of telegram on 11 April to the Foreign Ministers of Other colonial Territories 1323
Argentina, the United Kingdom and the United ( OAS) transmitted to the United Nations States, the text of which was transmitted to the Secretary-General the text of a resolution adopted Security Council on 12 Apri1,(123) formally by the OAS Permanent Council at an extraordi- proposing a 72-hour truce between Argentina and nary session held on 13 April, in which it offered the United Kingdom pending the exercise of good its co-operation in the peace efforts already under offices, accepted by both parties, being provided way. by the United States. Panama, in a letter of 14 April,(118) reiterated its Responding to the Peruvian proposal by a tele- support for Argentina’s position; expressed con- gram dated 13 April, which was transmitted to the cern and indignation at what it called the puni- Security Council that day,(131) the United Kingdom tive expedition by the United Kingdom whose stated that since Argentina had initiated the armed naval combat forces, inluding nuclear submarines, confrontation, the first requirement for any solu- were on their way to the Argentine territorial tion was the withdrawal of Argentine forces from waters; and requested the Council President ur- the Islands and their dependencies, in accordance gently to convene informal consultations among with the Council resolution of 3 April. Argentina’s the Council members. The Minister for External reply to Peru, also transmitted to the Council on Relations of Venezuela, in a statement of 13 April 13 April,(11) was that it had no intention of initiat- transmitted to the Council the next day,(171) ing or provoking hostilities; that it was the United reaffirmed his Government’s solidarity with Ar- Kingdom that committed an act of armed aggres- gentina and deplored the fact that the alarming sion by decreeing a naval blockade with the par- movement of British armed forces was being ob- ticipation of warships and nuclear submarines; and served in silence by the Council, further accentu- that if the United Kingdom established a block- ating the scepticism with which that body was ade it would respond in self-defence. viewed. Saying that the situation was becoming more By a letter dated 16 April,(12) Argentina alarming by the hour, Peru again requested the reaffirmed its readiness to comply with the 3 April United Kingdom by a letter of 14 April, which was Council resolution and claimed that the mobili- transmitted to the Council the following day,(124) zation of the fleet and the blockade by the United to agree to a 72-hour truce in order to create the Kingdom constituted acts of war and demon- optimal conditions for finding a diplomatic solu- strated that country’s lack of readiness to comply tion. The United Kingdom’s reply, transmitted to with the Council’s call for a cessation of hostili- the Council on 19 April,(132) was that the right ties; Argentina therefore had no alternative but to conditions for a negotiated solution would exist defend itself. In response, the United Kingdom, only when Argentina withdrew its troops. in a letter dated 20 Apri1,(133) stated that it would In a letter dated 12 April,(10) Argentina stated continue to take whatever measures were neces- its readiness to withdraw its forces as called for under sary for self-defence in the face of Argentina’s un- the 3 April Council resolution, on condition that lawful invasion of British territory and violations the United Kingdom ceased hostilities and did not of the rights of the people of the Falkland Islands. attempt to use the resolution to justify a return to In a communique of 23 April to Argentina, the previous colonial situation; it also asserted that which was transmitted to the Council the next the United Kingdom had unilaterally taken a ser- day,(134) the United Kingdom declared that ap- ies of measures which constituted “economic ag- propriate action would be taken against any Ar- gression”, thereby violating the 1974 Charter of Eco- gentine aircraft or warships which threatened to nomic Rights and Duties of States,(l97) and had interfere with the mission of the British forces in induced other States to act likewise. the South Atlantic, and that all Argentine aircraft, In a letter dated 13 April,(130) the United King- including civil aircraft engaging in surveillance of dom referred to Argentina’s letter of 12 April, stat- the British forces, would be regarded as hostile and ing that while it welcomed Argentina’s prepared- dealt with accordingly. Argentina, in a letter dated ness to comply with the Council’s call for the 24 April,(13) stated that the communique demon- withdrawal of forces, that resolution had to be read strated the British extension of its threat of aggres- as a whole, including the preamble which deter- sion beyond a specific zone and even against civil mined that Argentina had breached the peace; in aircraft, and its lack of intention to comply with violation of that resolution, Argentina had invaded the Security Council’s call for a cessation of South Georgia on 4 April and continued to in- hostilities. crease its forces in the region. It rejected Argen- Argentina informed the Security Council by a tina’s charge of economic aggression and said it letter of 25 April(14) that, while negotiations with would continue to take all necessary measures in the participation of the United States Secretary of exercise of its right of self-defence. State were still open, the British naval units and By a letter dated 16 April,(5) the Secretary- armed helicopters that day fired on an Argentine General of the Organization of American States submarine at Grytviken and ground positions on 1324 Trusteeship and decolonization the South Georgia Islands for four hours until the to withdraw its forces, rejected the criticism against defence capability of the small Argentine naval legitimate political and economic countermeas- force stationed there was exhausted. In a letter ures, and reaffirmed the British sovereignty over (135) dated 26 April, the United Kingdom an- the Territory and the right to self-determination nounced that its forces had re-established British of its inhabitants. authority on South Georgia on 25 April; that it On 28 April,(136) the United Kingdom con- had acted in self-defence; and that the only veyed the text of its announcement on that date, casualty was an injured Argentine seaman. declaring the establishment of a total exclusion By a letter of 26 Apri1,(184) Japan transmitted zone around the Falkland Islands as from 1100 a statement of the same date by its Minister for hours GMT on 30 April, the outer limit of which Foreign Affairs calling for the immediate cessation would be the same as for the maritime exclusion of hostilities and withdrawal of Argentine forces, zone established on 12 April, and which would and expressing Japan’s intention to make further apply to any ship or aircraft, military or civil, oper- efforts to prevent enlargement of the dispute. ating in support of the illegal Argentine occupa- Acting on a 19 April request by Argentina, the tion; as of that time, the Port Stanley Airport Permanent Council of OAS adopted a resolution would be closed and any aircraft on the ground on 21 April, transmitted the same day,(6) agree- in the Falkland Islands would be liable to attack. ing to convene on 26 April the Twentieth Meet- The United Kingdom asserted that its action was ing of Consultation of Ministers of Foreign Affairs necessitated by Argentina’s failure to comply with of its member States to consider what it termed the 3 April Council resolution and the need to ex- the grave situation in the South Atlantic. ercise its right to self-defence under Article 51 of On 26 April,(113) Cuba transmitted to the the Charter. (15) Secretary-General a communique issued that day Argentina, in a letter dated 28 April, by the Co-ordinating Bureau of the Movement of described as a new act of aggression the United Non-Aligned Countries, which had met at Argen- Kingdom’s declaration of a total exclusion zone; tina’s request. The Bureau reaffirmed its support called the British use of armed force an unjusti- for Argentine sovereignty over the Malvinas Is- fied act of reprisal aimed at restoring colonial oc- lands, requested the parties to seek a peaceful so- cupation of the Argentine islands; and asserted lution of their dispute and said the use of force in that it was impossible for the United Kingdom to international relations was contrary to the Move- claim the right of self-defence, under Article 51, ment’s principles. The United Kingdom com- in islands situated 8,000 miles from British ter- mented in a letter dated 28 April(137) that it ritory. shared the Co-ordinating Bureau’s concern over On 29 April,(16) Argentina conveyed the text of developments in the region, and asserted that Ar- a message it had received from the United King- gentina’s use of force was contrary to the princi- dom announcing that all Argentine vessels, includ- ples of the Movement as well as those of the United ing merchant or fishing vessels, apparently en- Nations Charter; it emphasized the right of self- gaged in surveillance of, or intelligence-gathering determination of the Islands’ inhabitants who, it activities against, British forces in the South At- noted, had expressed their wishes regarding their lantic would be regarded as hostile and dealt with political status in free elections, as recently as Oc- accordingly; Argentina charged that by these acts tober 1981. The letter carried an annex tracing the the United Kingdom was unleashing a new history of the settlement of the Falkland Islands colonialist war. from 1592 to 1981. The United Kingdom, in transmitting that On 28 Apri1,(175) the President of the Twentieth declaration on 30 April,(139) reasserted that the Meeting of Consultation of Ministers of Foreign unprovoked attacks on, and the continuing illegal Affairs of OAS transmitted a resolution adopted military occupation of, the British territory gave that day urging the United Kingdom to cease the the United Kingdom the right to use force in self- hostilities and Argentina to refrain from taking any defence. By another letter of the same date,(140) action that might exacerbate the situation. By that the United Kingdom responded to Argentina’s let- resolution, OAS also urged the two parties to call ter of 29 April, describing as preposterous the al- a truce and to resume negotiations, taking into ac- legation that the United Kingdom was unleash- count the Argentine sovereignty over the Malvinas ing a colonialist war and saying that it was and the interests of the Islanders, and urged the Argentina that was attempting to subject the Is- EC and other States to lift coercive political and landers to alien domination and sweep away, by economic measures they had taken against Argen- acts of aggression, their democratically chosen in- tina. In a letter dated 29 April,(138) the United stitutions and way of life. Kingdom expressed surprise that the OAS resolu- On 30 April, Argentina issued a statement, tion had failed to mention Argentina’s armed in- which was transmitted that day,(17) declaring that vasion of the Falkland Islands or urge Argentina as of that day all British ships, including merchant Other colonial Territories 1325 and fishing vessels, operating within the 200-mile raids on British ships and positions, sustaining loss zone of the Argentine sea, of the Malvinas Islands, or damage to four of their aircraft without caus- South Georgia and the South Sandwich Islands, ing the British side serious damage or casualties. would be considered hostile, and that any British Brazil, on 1 May,(106) conveyed to the Security aircraft, military or civil, which flew through Ar- Council a 30 April communication from its gentine airspace would be considered hostile and Minister of External Relations to the Secretary- treated accordingly. General, calling on the United Nations to take Referring to the United Kingdom’s letter of 26 prompt and effective measures, including those of April, Argentina, in a letter dated 30 April,(18) a preventive nature, to ensure implementation of said its forces continued their resistance on the the Council resolution of 3 April, in the light of South Georgia Islands, contrary to the United the worsening crisis in the South Atlantic. Kingdom’s claim to the restoration of its authority Venezuela’s Minister for External Relations issued in those territories; and asserted that, despite its a statement on 30 April, which was transmitted declared intention to comply with the Security on 3 May,(172) regretting the 30 April decision of Council resolution of 3 April, the continuation of the United States, an OAS member, to support the the United Kingdom’s punitive actions compelled British position in the conflict and saying that this Argentina to exercise its right of self-defence development placed an even greater responsibil- which, under the Charter, allowed it to repel any ity on the Security Council to ward off the possi- armed attack endangering its territorial integrity bility of war by having its resolution implemented and its existence as a State. In a letter of 1 in its entirety-which, he said, Argentina was May,(l9) Argentina charged that United Kingdom ready to do, while the United Kingdom was not. aircraft had attacked Puerto Argentino (Port Stan- On 2 May(21) Argentina transmitted the text of ley) in the Malvinas Islands at 0440 hours that day, a letter informing the Chairman of the Twentieth in violation of the Council resolution of 3 April. Meeting of Consultation of Ministers of Foreign The United Kingdom, in a letter dated 4 Affairs of OAS that the United States was suspend- May,(145) refuted the allegations contained in Ar- ing military exports to Argentina and imposing gentina’s letters of 30 April and 1 May, stating that a series of economic sanctions against it, while South Georgia had long been British territory and offering support in the form of matériel to the forces nothing in international law prohibited a State of the aggressor. from exercising sovereignty over more than one On 2 May, the British Defence Ministry an- island, irrespective of distance or their constitu- nounced that, at approximately 2000 hours Lon- tional or other status; and that it was exercising don time that day, torpedoes fired from a British its right of self-defence, not arrogating to itself “a submarine had caused what was believed to be se- police power” as Argentina claimed, in the face vere damage to the Argentine cruiser General Bel- of Argentina’s first use of force and contining ille- grano, which had posed a significant threat to the gal military occupation. British task force maintaining the total exclusion In another letter of 1 May,(20) Argentina zone; it announced on 3 May that at about 0400 reported having acted in self-defence and having hours London time that day British helicopters repulsed successive attacks by the British Air Force sunk one and damaged a second armed Argen- against Puerto Argentino, during which two Brit- tine patrol boat which had fired on a British air- ish aircraft had been shot down and a third hit; craft. Both statements were transmitted on 3 it added that the United Kingdom action was May,(143) stating that the actions had been taken threatening to unleash an armed conflict of in exercise of Britain’s right to self-defence. unknown dimensions and unforeseeable implica- In a letter of 3 May,(22) Argentina stated that the tions for international peace and security. General Belgrano, while positioned outside the 200- On 1 May,(141) the United Kingdom conveyed the mile exclusion zone, had been torpedoed on 2 May text of a statement issued by its Ministry of Defence by a nuclear-powered British submarine and sunk; that day, stating that a total exclusion zone had been the number of survivors among the 1,042 men aboard enforced since noon, London time, on 30 April, was not known. On 6 May,(24) Argentina conveyed and that action had been taken on the morning of a communique issued by its Joint General Staff, 1 May to deny the Argentines the use of the air- stating that its dispatch boat Alférez Sobral, while on strip at Port Stanley. The Ministry, in a statement a rescue mission, had been attacked by British of 2 May transmitted the same day,(142) reported helicopters on 3 May and had suffered considera- that before dawn on 1 May, British aircraft had ble damage and some casualties. Argentina reported, damaged the runway at Port Stanley airfield and in a communique conveyed by a letter of 7 May,(27) the surrounding military installations, as well as that eight of the ship’s crew had been killed and the airstrip at Goose Green and Argentine mili- six wounded in the attack. tary aircraft parked in the vicinity; later that day The United Kingdom, on 4 May,(144) conveyed Argentine aircraft had mounted ineffective bombing a statement issued by its Ministry of Defence that 1326 Trusteeship and decolonization
day, announcing that its destroyer Sheffield had by the Co-ordinating Bureau of the Movement of been hit within the total exclusion zone by an Ar- Non-Aligned Countries, which had met at Argen- gentine missile, had caught fire and had been tinal’s request, expressing regret at the loss of life abandoned by its crew; in a separate action that in the conflict, reaffirming its support for Argen- day over the Port Stanley airfield, one British air- tine sovereignty over the Malvinas, and appeal- craft had been shot down and the pilot killed. ing to the parties to find a peaceful solution in ac- Argentina confirmed, in a letter dated 6 May,(25) cordance with the Security Council resolution of that its Air Force had attacked the Sheffield in self- 3 April. defence. On 5 May,(23) Argentina conveyed two On 6 May,(186) Saint Vincent and the Grena- communiques issued on 4 and 5 May by its Joint dines, as Chairman of the Latin American Group General Staff, reporting that, following the Brit- at the United Nations for that month, transmit- ish air raid on Puerto Argentino, it had carried out ted a statement issued by the Group on 5 May, an air mission against the British task force situ- expressing its regret at the increasing loss of life ated 60 miles south-east of the Malvinas, and had in the conflict, calling for a cessation of all hostile shot down two intruding aircraft during a subse- acts in the region and urging the parties concerned quent British air raid at Port Darwin. to initiate negotiations with a view to achieving Ireland issued a statement on 2 May, transmit- a solution. ted the next day,(115) expressing concern at the es- Denmark, Finland, Iceland, Norway and calating military situation in the South Atlantic Sweden, by a letter of 6 May to the Secrcetary- and emphasizing that the possibilities offered by General,(181) conveyed a joint statement they had the United Nations should be fully exploited and issued on that date, in which they expressed regret further military escalation avoided. In a further that the hostilities had led to loss of life, appealed statement on 4 May, conveyed by a letter of the to both parties to comply with the Council reso- same date,(117) Ireland said that it was appalled by lution of 3 April and expressed support for the the outbreak of what amounted to open war in the Secretary-General’s efforts to resolve the conflict. South Atlantic; that the United Nations should be- In a letter dated 7 May,(26) Argentina reported come involved immediately to resolve the conflict; having received information from London, on the and that it would seek withdrawal of economic United Kingdom’s decision to impose a blockade sanctions by EC, considering those measures to be as of that date on every Argentine warship or mili- no longer appropriate. tary aircraft which departed beyond 12 nautical On 4 May, a call for a meeting of the Security miles from the continental and island territtory of Council was made b Ireland in a letter to the Argentina; it asserted that this action demon- Council President,(116) and by Colombia in a tel- strated the British insistence on a military solu- egram to the Secretary-General,(109) both calling tion and desire to obstruct the diplomatic option for a cessation of hostilities. In the telegram, the then under consideration with the Secretary- President of Colombia expressed his support for General. the Secretary-General’s peace-making efforts in On 8 May,(146) the United Kingdom transmit- what the former called the absurd dispute, con- ted the announcement of 7 May by its Ministry demned the military take-over of the Malvinas by of Defence referred to in Argentina’s letter of the Argentina and equally denounced the British at- same date, stating that the announcement was tack on the Argentine cruiser General Belgrano out- aimed at reducing the possibility of misunder- side the exclusion zone. standing about the United Kingdom’s intentions On 5 May, following consultations of the Coun- with regard to how it would exercise its right of cil, the Council President issued the following self-defence in the Falklands and to give further statement:(200) precision to the circumstances in which Argentine forces would be regarded as a threat. “The members of the Security Council express deep In transmitting the text of that Ministry an- concern at the deterioration of the situation in the nouncement, Argentina, by a letter dated 8 (28) region of the Falkland Islands (Islas Malvinas) and May, asserted that this latest action by the the loss of lives. United Kingdom constituted a qualitative escala- The members of the Security Council also express tion of its aggression against Argentina and proof strong support for the efforts of the Secretary-General of its bad faith in the diplomatic field at a time with regard to his contacts with the two parties. when the Secretary-General was engaged in a The members of the Security Council have agreed peace move known to the Council. On 11 May,(31) to meet for further consultations tomorrow, Thurs- Argentina conveyed a communiqué issued that day day, 6 May 1982.” by its Joint General Staff, stating that, in view of the United Kingdom’s persistent aggressive atti- On 5 May,(114) Cuba transmitted to the tude and in the exercise of its right of self-defence, Secretary-General a communiqué issued that day it would consider as hostile and take appropriate Other colonial Territories 1327 action against any vessel flying the British flag and had been no reason to believe that the Argentine navigating towards the area of operations or pre- helicopter had been on such a mission, as it had sumed to constitute a threat to Argentina’s na- been flying towards the British task force, bearing tional security. no markings to suggest any role other than military Peru, on 10 May,(125) transmitted a commu- The Argentine Joint General Staff, in a com- nique of 7 May, in which it considered as a mat- muniqué issued on 12 May and transmitted on 13 ter of the utmost gravity the extension of the con- May,(34) reported that its aircraft had attacked flict to waters that were part of South American and damaged two British frigates shelling Puerto continental territory, repeated its call for a truce Argentino, its land-based personnel had shot down and expressed support for the efforts being made a British helicopter in the area and two Argentine by the Secretary-General. aircraft had been shot down in the action. The (148) Argentina informed the Council, by a letter United Kingdom, in a letter dated 13 May, dated 9 May,(29) that at 0140 hours Argentine said its Ministry of Defence had announced that time that day British forces had carried out a on 12 May two Royal Navy ships in the course of simultaneous attack on Puerto Argentino and enforcing the total exclusion zone had been at- Puerto Darwin lasting 35 minutes, while the tacked by Argentine aircraft, two of which had Secretary-General was taking steps with both been shot down and a third had flown into the sea Governments to reach a settlement. In a commu- while taking evasive action; one of the British ships nique by its Joint General Staff, conveyed on 9 sustained comparatively minor damage. May,(30) Argentina announced that at 0921 hours On 15 May,(35) Argentina conveyed the follow- that day a British aircraft had attacked and sunk ing, dated 14 May: an Air Force communique list- a fishing vessel, Narval, engaged in normal fish- ing two personnel as disappeared in combat; an ing activity 66 nautical miles south of Puerto Ar- announcement by the Joint General Staff that, fol- gentino, and another British aircraft had machine- lowing the sinking of the General Belgrano, 790 per- gunned the vessel’s lifeboats. sons had been recovered, of whom 20 were found The United Kingdom confirmed the attack on dead, while 301 persons remained missing; and (147) the Narval in a letter dated 10 May, but re- another Joint General Staff announcement that jected as groundless the allegation that its aircraft two British aircraft had bombed Puerto Argentino had machine-gunned the vessel’s lifeboats; the Nar- on 14 May but were driven off by anti-aircraft fire. val had been shadowing the British task force for On 14 May, according to an announcement of some days within the total exclusion zone, and the 15 May by the British Ministry of Defence trans- documents found on board together with the mitted that day,(150) British aircraft attacked Port presence among the crew of an Argentine naval Stanley airfield and associated military installa- officer constituted irrefutable evidence that the tions, and carried out that evening a raid on the ship had been engaged in surveillance. Of the 25 Pebble Island airstrip on West Falkland destroy- people on board, it reported, 1 was killed and 13 ing a number of aircraft on the ground and a large injured, 1 seriously; the survivors would be treated ammunition dump; all planes returned safely, it and repatriated and the ship kept in the custody reported, with only two minor casualties. of the Royal Navy. By the same letter, the United The Argentine Joint General Staff announced Kingdom reported additional military activity on on 15 May that British surface units shelled Puerto 9 May near the Port Stanley airfield, said that an Calderón that day damaging three aircraft on the Argentine helicopter had been downed over the ground; the communiqué was transmitted by a let- Falklands later that day, and commented on Ar- ter dated 15 May,(36) pointing out that those acts gentina’s letters of 7, 8 and 9 May. of military aggression took place when the negoti- The Argentine Air Force issued a communique ations initiated through the good offices of the on 10 May listing the names of 10 dead and 4 miss- Secretary-General were in progress. ing and said that 18 others had been wounded as On 18 May,(37) Argentina conveyed four com- a result of the air battle of the Malvinas; the Ar- muniques issued on 16 and 17 May by its Joint gentine Joint General Staff, in a communique of General Staff regarding a series of attacks carried the same date, announced that on 9 and 10 May out by the British task force, resulting in damage its forces had repelled acts of aggression against to three unarmed transport vessels supplying food- Puerto Argentino and the airport area. Both com- stuffs, medicines and fuel to the civilian popula- muniques were transmitted on 11 May.(32) tion of the Malvinas Islands and damage to a Argentina, on 12 May,(33) transmitted a commu- number of civilian installations at Fox Bay; Ar- nique by its Joint General Staff, announcing that gentina charged that these acts demonstrated the one of its helicopters on a search and rescue mis- United Kingdom’s hypocrisy in asserting its sion in connection with the Narval had been shot responsibility to protect the Islanders. down by British aircraft. In a letter dated 14 The United Kingdom replied in a letter of 20 (151) May,(149) the United Kingdom replied that there May that, contrary to Argentine assertions, 1328 Trusteeship and decolonization
actions by British forces had been directed against statement issued on 12 May by its Ministry of For- military targets; Argentina could best demonstrate eign Affairs condemning the United Kingdom’s its concern for the population of the islands by acts of aggression, supported by the United States, withdrawing its forces. By the same letter, it trans- and demanding that Britain immediately cease its mitted a statement issued that day by its Minis- military operations in the Malvinas and respect try of Defence, reporting that the task force had Argentine independence and sovereignty bombed Argentine military positions near Stan- The Foreign Minister of Costa Rica, in a com- ley on 19 May and that no operational contact with munique of 15 May transmitted on 17 May,(111) the Argentine forces had occurred on 20 May. recognized Argentine sovereignty over the Mal- Argentina, on 21 May,(38) conveyed live commu- vinas, but expressed regret that the claim had cul- niques issued by its Joint General Staff concern- minated in an act of force; urged both parties to ing military developments: on 19 May it reported halt their military activities and agree to a a bombing attack that day by two British aircraft negotiated settlement; and expressed support for 7 miles from Puerto Argentino; no warlike activity the Secretary-General’s peace efforts. was recorded on 20 May apart from harassment Brazil’s Minister for External Relations issued shelling by a British surface unit near Puerto Ar- a message on 19 May, transmitted the same gentino; later on 20 May it confirmed the sinking day,(107) reiterating his Government’s support for of the transport vessel Isla de Los Estados, which had the efforts undertaken by the Secretary-General been attacked a few days earlier; also on 20 May, and appealing for abstention from any military ac- it noted a report from Chile that a downed British tion that might thwart those efforts. helicopter had been found 18 kilometres south of In a letter dated 20 May,(176) the Secretary- Punta Arenas, Chile; and on 21 May it reported General informed the Security Council that, that its forces were resisting a British landing at although substantial progress towards a diplomatic Puerto San Carlos Bay. solution had been achieved in the preceding two The President of Panama, in a telegram dated weeks, the necessary accommodations needed to 10 May(119) requesting the Secretary-General to in- end the conflict had not been forthcoming. He tensify his “highly important moves” to achieve a added that, in his judgement, the efforts in which peaceful settlement, condemned the United King- he had been engaged, with the support of the dom’s escalating aggression against Argentina as Council, did not currently offer the prospect of a collective affront to Latin America and asserted bringing about an end to the crisis nor of prevent- that the United Kingdom was seeking to establish ing the intensification of the conflict. a blockade without Security Council authority and By a letter dated 21 May,(120) Panama re- had violated a number of international conventions quested a meeting of the Security Council, in view and the Treaty for the Prohibition of Nuclear of the serious situation existing in the region of Weapons in Latin America (Treaty of Tlatelolco). the Malvinas Islands and the Secretary-General’s In a statement transmitted to the Secretary- letter of the previous day. General on 11 May,(179) Austria appealed to all Security Council action (May). In response to concerned to seek a peaceful solution of the con- the request of 4 May by Ireland and that of 21 May flict on the basis of the Security Council resolu- by Panama, the Security Council met from 21 to tion of 3 April, and expressed support for the ef- 26 May. forts of the Secretary-General to bring about a Recounting his negotiation efforts, the negotiated settlement. Secretary-General informed the Council that he By a letter dated 12 May to the Secretary- had met separately with the two sides and with the General,(173) Viet Nam transmitted a statement of United States on 19 April and outlined to them 29 April by its Ministry of Foreign Affairs the assistance the United Nations could render reaffirming its recognition of Argentine upon request. In another separate meeting with sovereignty over the Malvinas Archipelago and the two sides on 2 May, the Secretary-General pro- demanding that the United Kingdom implement posed to them a series of measures that included the United Nations resolutions on decolonization simultaneous mutual withdrawal of forces and of the Malvinas and stop its military acts against commencement of negotiations for a diplomatic Argentina. In a statement of 4 May, transmitted solution. Some 30 additional separate meetings to the Secretary-General on 13 May,(174) Viet were held between 7 and 21 May so as to assist Nam condemned the British acts of aggression and the parties in reaching an agreement along those what it termed the complicity of the United States lines. against Argentina, and demanded that those coun- He told the Council of his assessment that, at tries cease those acts and respect the sovereignty the end of the second week in May, essential agree- and territorial integrity of Argentina. ment had been reached on the following points: The Lao People’s Democratic Republic, on 17 the agreement sought would be of an interim na- May,(185) transmitted to the Secretary-General a ture, without prejudice to the rights, claims or Other colonial Territories 1329 positions of the parties and it would include a brief period of the negotiations, expected to last cease-fire, phased mutual withdrawal of forces approximately one year; it had been prepared not under United Nations supervision, termination of to place any pre-conditions on the negotiations in exclusion zones and economic measures, interim view of its confidence in its legitimate stand. It also administration of the Territory under the United stated that the United Kingdom would not accept Nations authority, and negotiations towards a set- any references to General Assembly resolutions tlement under the auspices of the Secretary- concerning decolonization of the Malvinas, and General. Crucial differences remained, he had attempted to divide the Territory by submit- reported, concerning certain aspects of the interim ting to negotiation only one archipelago while administration, the time-frame for completion of keeping the two dependencies. negotiations, the mutual withdrawal of forces and The United Kingdom said it had given to the the geographical area to be covered by the terms Secretary-General on 17 May its final position in of the interim agreement. the form of a draft interim agreement which The Secretary-General informed the Council showed its maximum flexibility without abandon- that, in his view, the drafts of an interim ing certain principles. It had been prepared to con- agreement-the United Kingdom’s draft of 17 template a parallel mutual withdrawal under May and that of Argentina of the night of 18/19 United Nations supervision, followed by a short May-which were exchanged through him, had interim administration by the United Nations, Ar- failed to reflect the progress achieved previously. gentine representation in the Territory’s On 19 May, the Secretary-General spoke by tele- democratic institutions and the’ presence of an Ar- phone with the President of Argentina and with gentine observer during the interim period. Ar- the Prime Minister of the United Kingdom to sug- gentina’s response was unsatisfactory, especially in gest certain specific ideas to assist the parties at its insistence on including the Falklands’ two de- that critical stage; both agreed to give them con- pendencies in the agreement and on unequal with- sideration. He subsequently presented to the two drawal of forces, its rejection of the continuance sides that same day a further aide-mémoire list- of the Territory’s democratic institutions during ing the points of agreement and disagreement and the interim period, the idea of parity in numbers containing suggestions and formulations which he of advisers between the Argentine population of thought might satisfactorily meet their preoccu- 30 and the British population of about 1,800 on pations on the unresolved issues without prejudice the Islands, the requirement of freedom of access to the rights, claims or positions of either. By the to residents and property during the interim evening of 20 May, the necessary accommodations period (which, the United Kingdom believed, had not been made, however, and the Secretary- would have allowed Argentina to change the demo- General so informed the Council President at 9 graphic status of the Islands) and the formulation p.m. that day. of how and when the negotiations should be con- The Secretary-General called for continued ef- cluded. forts to put an end to the conflict and the loss of By a resolution adopted unanimously on 26 lives, and reiterated his personal commitment to May,(196) the Security Council, reaffirming its lend assistance towards the lasting solution of the resolution of 3 April, requested the Secretary- problem. General to renew his mission of good offices; to Argentina asserted that its will to negotiate was contact the parties immediately in order to negoti- constantly threatened by the British military ag- ate mutually acceptable terms for a cease-fire, in- gression, and that the United Kingdom had in- cluding, if necessary, the dispatch of United Na- troduced during the negotiating process new de- tions observers to monitor compliance; and to mands aimed at impeding the withdrawal of submit an interim report to the Council within military forces from the region, rejected certain seven days. The Council also urged the parties to ideas on the maintenance of communications and the conflict to co-operate with the Secrecary- certain services between the Islands and Argen- General with a view to ending hostilities. tina during the interim administration, and placed The text was introduced by Uganda, also on be- pre-conditions on substantive issues by insisting half of Guyana, Ireland, Jordan, Togo and Zaire. on a United Nations administration that would re- Speaking in explanation of vote, China, tain the colonial administrative structure. The Panama, Spain and the USSR said they would United Kingdom, it added, also wished to main- have preferred that Council order an immediate tain the provisional United Nations administra- cease-fire. Spain added that the Secretary-General tion indefinitely, thus drawing out the negotiations should have been given more specific terms of for as long as the United Kingdom desired. Ar- reference. Panama and the USSR said the text gentina had understood that an exclusively United should have contained reference to the fundamen- Nations administration would be considered, while tal question of decolonization of the Malvinas. the Argentine flag flew in the Islands during the Panama also regretted that the text did not ask all 1330 Trusteeship and decolonization
Member States to abstain from providing military In addition to Argentina, States participating supplies to either side. The United States offered in the discussions without the right to vote were: assurances that it wished to live in peace with its Antigua and Barbuda, Australia, Belgium, neighbours in the hemisphere and pledged con- Bolivia, Brazil, Canada, Chile, Colombia, Cuba, tinued support for the Secretary-General’s efforts. Ecuador, El Salvador, Equatorial Guinea, Federal The United Kingdom said it supported the draft Republic of Germany, Greece, Guatemala, Hon- for its reaffirmation of the resolution of 3 April, duras, India, Indonesia, Italy, Kenya, Lao People’s asserted that it would no longer accept a parallel Democratic Republic, Liberia, Mexico, Nether- troop withdrawal in view of the changed situation lands, New Zealand, Nicaragua, Paraguay, Peru, since the Secretary-General reported to the Coun- Uruguay, Venezuela, Yugoslavia. cil on 21 May, and named the withdrawal of Ar- In the debate, most speakers expressed concern gentine troops as the only acceptable condition for over the escalation of hostilities and the tragic loss a cease-fire. Argentina, participating without the of life, appreciation for the Secretary-General’s ef- right to vote, said the intransigence and pressures forts to negotiate a solution, and the need to abide of more than one of the permanent members of by the provisions of the Charter of the United Na- the Council had prevented that body from calling tions concerning the non-use of force and peace- for a cease-fire; it would enter the resumed negoti- ful settlement of disputes. ations without pre-conditions, but without giving Spain and Togo listed the cessation of hostili- up any of its rights. ties, negotiation and peace as the priorities of the The Secretary-General told the Council that the Council’s action, as did several other speakers who resolution’s terms of reference might not provide urged the Council to call for an immediate cease- him or the parties with sufficiently clear and pre- fire. Jordan asserted that the Council should not cise guidance; as a first step in his new effort, resign itself to the role of onlooker while blood was however, he would urge both parties to recognize being shed, and Brazil said the Council was duty- that a lasting solution could only be achieved bound to prevent a worsening of the situation. through negotiations, the first requirement for Greece said the Council’s prestige would be en- which was a cessation of armed conflict. hanced if it unequivocally condemned all invasions Ireland, which had earlier submitted a draft,(1) and breaches of the Charter provisions. Colom- subsequently joined the five non-aligned members bia asserted that the United Nations would emerge of the Council in sponsoring the text finally greatly weakened if it failed to enforce interna- adopted, which it called the revised version of its tional law and maintenance of international peace original proposal. The Irish proposal, while essen- and security, while the United States considered tially the same as the one adopted, would have had that the Organization had functioned in the crisis the Council call for a suspension of hostilities for in the manner foreseen by its founders and its 72 hours as a first step in the Secretary-General’s Charter. renewed mission, and mandate that mission to be Argentina said the United Kingdom had broken consistent with its 3 April resolution and with the off negotiations by its negative reply to every Ar- outline the Secretary-General had presented to it gentine proposal: Britain insisted on Argentina’s on 21 May. Ireland had introduced the draft, say- remaining 150 miles from the Islands and on ex- ing that the text sought to achieve a return to cluding the dependencies from negotiations, and negotiations by successive stages of confidence- rejected admission of Argentine citizens to the Is- building measures, would give the Secretary- lands during the interim administration or entrust- General a formal mandate from the Council, and ing the General Assembly with the future of the help preserve the measure of agreement that the Islands if the negotiations had not been concluded Secretary-General had already achieved; those within a reasonable period. Several countries, negotiations, it added, should neither betray the among them Brazil, Cuba, Ecuador, Nicaragua, principles which one side was defending nor ig- Panama, Uruguay and Venezuela, held the United nore the sense of grievance of the other. Kingdom responsible for blocking the negotiating Similarly, Japan did not press to a vote a draft efforts. China said the negotiations had broken resolution(2) it had earlier proposed, saying that down due to a tough stand taken by the party with its main ideas had been incorporated in the con- superior military strength. Bolivia asserted that sensus text adopted. The Japanese draft would any peace effort would be doomed to failure as have had the Council request the Secretary- long as the United Kingdom persisted in its General to renew his mission of good offices on equivocal stand. Panama and the USSR said the the basis of his efforts as reported to the Council United Kingdom had resorted to the language of on 21 May, with a view to achieving the earliest ultimatums and virtually broken off negotiations cessation of hostilities, realizing a peaceful settle- by resorting to the use of force. ment of the dispute, and securing the implemen- The United Kingdom rejected the charge that tation of the Council resolution of 3 April. it had issued ultimatums or that it had brought Other colonial Territories 1331 the last round of negotiations to an unsuccessful States, Yugoslavia and Zaire said that resolution conclusion, and stated that it had shown a maxi- continued to provide the basis for a diplomatic set- mum degree of flexibility without abandoning cer- tlement. tain principles. Antigua and Barbuda believed the Cuba and Peru were among those which called United Kingdom had made genuine attempts to that resolution faulty for not recognizing the reach a negotiated settlement. The United States colonial origin of the problem, while Zaire said said the United Kingdom had indicated its will- the text did not prejudge the substance of the ingness to consider, but Argentina had rejected or problem concerning Argentina’s claims over the chosen not to consider, first the United States Islands. Venezuela commented that, while com- proposal and subsequently the Peruvian peace plete compliance with that resolution by both sides plan, both based on the Council’s 3 April resolu- would have made possible a peaceful settlement, tion. New Zealand said it was Argentina’s ob- the United Kingdom had violated the provisions duracy and rigidity that had frustrated and by claiming to act in self-defence. Argentina and blocked the Secretary-General’s efforts just when Panama shared that view, saying that the resolu- it looked as if an agreement was within reach. tion should not have been understood as authoriz- Peru recounted its mediation efforts, including ing the United Kingdom to become the world’s its introduction on 20 May of a new formula by policeman and to use force. Mexico asserted that which the two parties would separately agree to there was no case for invoking the right to self- comply with those provisions of the Secretary- defence to justify the use of force by either side General’s proposal on which there had been com- because such an argument presupposed that the mon ground; as that Peruvian plan had not been sovereignty question had been resolved; further, rejected by either party, Peru considered it desira- only the Council could take measures to maintain ble to preserve the gains the Secretary-General had or restore international peace and security. achieved thus far. Ireland said the Council could Australia said Argentina’s invocation of para- not afford to lose what the Secretary-General had graph 1 of the 3 April resolution in accusing the achieved in his negotiating efforts, and Mexico, United Kingdom of hostile action was a perverted Spain and Togo urged that the Secretary-General’s reading of that text, as that paragraph, it said, was proposal be taken up and built upon. directed to the state of armed conflict caused by Indonesia and Uruguay proposed that the the Argentine seizure of the Falklands. New Council give the Secretary-General a formal man- Zealand shared that view, adding that Argentina date to resume negotiations, conserving the six set unacceptable pre-conditions to the implemen- points on which agreement between the two sides tation of that text. Belgium and Guyana urged Ar- had been reached. Cuba, France and Italy also felt gentina to comply with the resolution. that the Secretary-General’s negotiation efforts The question of sovereignty and the right to self- contained the key elements for a peaceful solution. determination was again raised in the debate. Cit- In a similar vein, several countries, among them ing decolonization resolutions by the United Na- Colombia, El Salvador, Equatorial Guinea, tions or other intergovernmental bodies, the Greece, Guyana, India, Ireland, Paraguay and Yu- majority of Latin American countries, along with goslavia, favoured giving the Secretary-General a China, Equatorial Guinea, the Lao People’s formal mandate to continue efforts. Chile, declar- Democratic Republic, Poland, the USSR, Yugos- ing its strict neutrality in the conflict, also favoured lavia and Zaire, supported Argentina’s territorial such a move. China hoped that the Secretary- claim, while endorsing efforts to find a peaceful General, with the support of the Council, would solution to the dispute. El Salvador asserted that continue to play an active part. Argentina’s occupation of the Islands was in ac- Ecuador and Peru said the mandate to the cordance with its lawful title to them, which led Secretary-General should be wide-ranging, clear Panama to state that there had been no breach of and practical. The Federal Republic of Germany, peace on 3 April, when Argentina recovered the Guyana, Jordan, Uganda and Zaire believed the Islands. mandate should be based on the Council’s 3 April Belgium and Kenya said territorial claims resolution. Panama cautioned that such a man- should not be allowed to override the interests of date could be carried out only when there had peoples in choosing democratically their own des- been a cease-fire and a separation of forces. tinies. Australia considered that Argentina had A call for the full implementation of the Coun- been insistent on loaded arrangements in the Falk- cil’s 3 April resolution was made by a number of lands which, if accepted, would lead to conceding speakers, among them Brazil, Colombia, Cuba, its demand of sovereignty and ignoring the rights El Salvador, Italy, Japan and Jordan; in addition, of the Falklanders; if Argentina’s aggression was Canada, France, the Federal Republic of Ger- allowed to persist, it would itself amount to many, Greece, Guyana, India, Indonesia, Jordan, colonialism. In a similar vein, Kenya said Argen- the Netherlands, Paraguay, Uganda, the United tina could not claim any right to impose its own 1332 Trusteeship and decolonization
form of colonialism on the Islands’ inhabitants. gression. Similarly, the USSR said the conflict had New Zealand added that the two aggrieved par- been caused by the United Kingdom’s refusal to ties in the crisis were the United Kingdom and the abide by the General Assembly resolutions on people of the Falklands. In contrast, Panama called decolonization of the Malvinas. it illogical to talk of the right to self- Ireland said the immediate cause of conflict was determination-the right of the oppressed-in the not the underlying issue of sovereignty, but the ef- Malvinas case, when the inhabitants of the Islands fort by one side to resolve that dispute in its favour were dependents of a British colonial company; to by the use of force in breach of the rule of law. do so, Argentina said, would mean giving the Canada and Togo said Argentina had initiated the colonizers an opportunity to legitimize their set- hostilities in occupying the Islands unilaterally, and tlement in a territory that did not belong to them. Kenya rejected what it called the perverted reason- Colombia, noting that the United Kingdom’s ing by some that aggression started when the Brit- policy of decolonization had allowed the indepen- ish forces moved to the Falkland Islands. Austra- dence of many countries by means of negotiations, lia said that, since it was the Argentine invasion believed it reasonable to expect that the Malvinas which had started the crisis, it must be an Argen- case could also be solved in that manner. Zaire also tine withdrawal that would end it; it was not the noted the United Kingdom’s past record of British obstinacy but Argentine recklessness that decolonization, and wondered if the current accounted for the widening conflict. Belgium, the problem arose not from the issue of decolonizing Federal Republic of Germany and New Zealand but from seeing its hand forced militarily in con- spoke similarly. travention of Charter provisions. Criticism of economic sanctions against Argen- Uganda and Zaire, while supporting the Argen- tina was expressed by some, including Panama, tine claim of sovereignty over the Malvinas, re- Poland and the USSR, which called that meas- jected the use of force in international relations ure a violation of the Charter. El Salvador called and called for a negotiated settlement. Kenya it an act of economic aggression. Nicaragua ap- stated that the principle of the peaceful settlement pealed to the EC countries to end their economic of disputes had been brushed aside by Argentina, sanctions, asserting that their policy only strength- and added that the support of the non-aligned ened Britain’s warlike attitude; it commended countries could not be invoked as support for ag- Denmark, Ireland and Italy for deciding against gression or military settlement. The Netherlands extending the sanctions upon expiration. Belgium, felt that Argentina’s resort to force could not be rejecting the argument that Article 41 of the justified in terms of international law. Antigua and Charter gave the Security Council a monopoly on Barbuda said that, as a small island State depen- deciding on sanctions, said it had joined in the eco- dent for its security on the United Nations, it had nomic sanctions to demonstrate in specific form to deplore Argentina’s illegal use of force in seiz- the grave view it took of Argentina’s violation of ing the Falklands in defiance of the Council. In the Charter as well as to support the diplomatic a similar vein, Guyana rejected the attitude of efforts then under way to find a negotiated solu- those which held aloft the action of 2 April as an tion. Canada said it was compelled to impose such example to be emulated, and said aggression sanctions in order to uphold the rule of law em- should not be rewarded. bodied in the Charter. Ireland said it decided not The Council debate also centred around what to extend its sanctions beyond 17 May, as it con- had started the current conflict, with Argentina sidered the measures part of the war rather than and its supporters pointing to what they called the means of reinforcing a diplomatic effort for a United Kingdom’s illegal possession of the Islands, peaceful settlement. and the United Kingdom and its supporters hold- The Lao People’s Democratic Republic, ing as responsible Argentina’s illegal presence Panama and Peru deplored the United States there. pledge of political and material support to the Venezuela said the crisis was caused by the United Kingdom. warlike conduct of the United Kingdom,. which The United Kingdom said that, contrary to cer- Nicaragua and Uruguay said had impeded Argen- tain assertions by Nicaragua and Panama, it was tina from fully abiding by the Council’s 3 April inconceivable that it would use nuclear weapons resolution. Poland deplored what it viewed as the in the dispute with Argentina over the Falklands. unilateral escalation of hostilities on the part of the Communications (22 May-2 June). On 22 United Kingdom. Argentina, Bolivia, Nicaragua May,(39) Argentina transmitted to the Security and Peru said no aggression should be rewarded, Council six communiques issued on 21 and 22 and that the act of aggression first committed by May by the Joint General Staff of its Armed Forces the United Kingdom against Argentina in 1833 reporting that, on 21 May, in response to an at- thus needed to be resolved; Argentina added that tack by United Kingdom forces in the San Carlos colonialism was an act of force and permanent ag- Channel of the Malvinas Islands, its forces had Other colonial Territories 1333 damaged several British ships and aircraft while and to remove it from the San Carlos Strait. On suffering the loss of six aircraft and three helicop- 29 May,(48) Argentina transmitted another com- ters; in a second letter of the same date,(40) it munique of 28 May, reporting that in action near specified that three British aircraft and two Darwin on that date its Air Force had shot down helicopters had been shot down, eight British two British helicopters and damaged a frigate-type frigates damaged, and a ninth sunk. vessel. In eight communiques issued by its Joint In a communique issued on 30 May, conveyed General Staff between 22 and 25 May, transmit- on that date,(49) Argentina reported its total ted on 25 May, (41) Argentina said that beginning casualties between 2 April and 30 May as 82 dead, on 22 May the United Kingdom had landed 2,000 106 wounded and 342 missing. men and matériel in the Puerto San Carlos area, On 30 May, Argentina announced in four com- eventually establishing a beachhead there, and that muniques forwarded on 31 May(52) that its Air in the fighting a British troop carrier and frigate Force had attacked and seriously damaged the had been damaged and a Sea Harrier aircraft lost, main British naval force, putting out of action an while two Argentine aircraft had been shot down; aircraft carrier while suffering the loss of two of it also reported that in separate actions a British its aircraft; it further reported hostilities in the area aircraft had been shot down over Puerto Darwin of Puerto Darwin on that day, as well as in Puerto on 22 May and another apparently downed over Argentino where it said two British aircraft were Puerto Argentino on 24 May. shot down and a third damaged. In a communiqué of 26 May transmitted that Seven more communiques, issued on 31 May day,(42) Argentina announced that its coastguard and 1 June by the Argentine Joint General Staff vessel Rio Iguazú had been attacked by two United and transmitted on 2 June,(55) described further Kingdom aircraft, that one crew member had been military action around San Carlos, Darwin and killed and two wounded, and that one of the at- Goose Green; noted British troop movements near tacking aircraft had been shot down. In a second Puerto Argentino and reported the downing of a communiqué of that date, also conveyed on 26 British aircraft there; announced a bombing at- May,(43) Argentina said its aircraft had sunk the tack by its Air Force on Isla Soledad; and updated British destroyer Coventry and the aircraft trans- its count of losses on the United Kingdom side port vessel Atlantic Conveyor. through 31 May—25 Harrier aircraft destroyed, On 27 May,(45) Argentina transmitted a com- 22 helicopters destroyed or seriously damaged, one munique issued on 26 May by its Joint General aircraft carrier out of action, two destroyers sunk Staff stating that 22 surface naval units and 30 air- and three damaged, two frigates sunk and eight craft of the United Kingdom had been affected by or nine damaged, two landing craft damaged and Argentine military actions taken in self-defence be- one container ship (with the aircraft aboard) sunk. tween 1 and 26 May; listed as sunk were the des- In a letter dated 23(152) the United King- troyers Sheffield and Coventry, the frigates Ardent and dom reported the following military operations: Antelope, an unidentified frigate and the Atlantic on 20 May it bombarded military land targets, in- Conveyor; seriously damaged were three destroyers cluding Fox Bay on West Falkland; on 21 May, a or frigates and a large carrier; damaged were 10 major amphibious landing took place, unopposed, destroyers or frigates, a troop carrier and an near San Carlos on East Falkland, as well as a ser- unidentified vessel; and 21 Sea Harrier aircraft ies of landing raids and bombardments involving were reportedly shot down and 12 helicopters lost. Goose Green and Port Stanley airfields and other Five more communiques, issued by the Joint areas, which resulted in some casualties and the General Staff on 27 and 28 May and transmitted loss of three helicopters and one Harrier aircraft; on 28 May,(46) described the following military ac- in an air-sea battle later that day, Argentina lost tions: downing of two British helicopters and in- 20 aircraft while the United Kingdom suffered flicting serious damage to two others; Argentine damage to four warships and the loss of the frigate troops’ harassment activities against the British Ardent in the night of 21/22 May; on 22 May, Brit- forces reportedly hemmed into a pocket of some ish aircraft attacked and damaged an Argentine 150 square kilometres; some action on 26 May in patrol boat to the south of Port Stanley, and also the area of Puerto Argentino, Fox Bay and Puerto attacked military installations in the Goose Green San Carlos without Argentine losses; bombing on area. 27 May of the British beachhead at Puerto San Developments since 22 May were described in Carlos; and downing of a British aircraft in the a letter from the United Kingdom dated 27 course of British air attacks near Howard, Puerto May(154) as follows: on 23 May three Argentine Argentino and Darwin on 27 May. In the 28 May helicopters were destroyed in action over the Falk- communique, Argentina called on the United land Sound, while an Argentine attack on British Kingdom to cease on the Uganda all activities not ships in San Carlos Water resulted in the British related to the specific function of that hospital ship frigate Antelope damaged (and sunk the following 1334 Trusteeship and decolonization day) and at least seven Argentine aircraft shot tion that hospital ships not having withdrawn to down; on 24 May, an air-sea battle in San Carlos a certain distance would be considered hostile as Water left two British support vessels damaged and of zero hours 29 May. eight Argentine aircraft destroyed; and on 25 May, On 24 May,(188) the USSR transmitted a 23 British aircraft continued their attacks on Port May statement by its news agency TASS, charg- Stanley airfield while in several air-sea battles five ing I hat the United Kingdom was responsible for Argentine aircraft were shot down and the Brit- having caused the situation in the Falkland Islands ish ships Coventry and Atlantic Conveyor were des- (Malvinas) through years of opposition to the Is- troyed. lands’ decolonization, and for having obstructed The Argentine Joint General Staff, in a com- efforts to avert a military clash and abandoned muniqué issued on 26 May and conveyed the same negotiations despite Argentina’s wish to continue day(44) said it had notified the United Kingdom them; further, the responsibility for the armed in- that it could not guarantee the safety of the Brit- vasion was shared by the United States and others ish hospital ship Uganda, whose presence near the who had openly sided with the United Kingdom zone of operations was interfering with the activi- and encouraged a military solution; it concluded ties of the Argentine forces. The United Kingdom with a call for an end to the bloodshed and a return replied in a letter dated 28 May(155) that the to negotiations. Uganda was acting in accordance with the relevant Brazil, in a letter dated 24 May,(l08) suggested Geneva Convention (Geneva Convention for the the following points which it believed might form Amelioration of the Condition of Wounded, Sick the basis of a Council resolution for peace: im- and Shipwrecked Members of the Armed Forces mediate cessation of hostilities,, simultaneous with- at Sea, of 12 August 1949), that it had briefly en- drawal of Argentine and British forces, appoint- tered Middle Bay of East Falkland on 27 May in ment by the Secretary-General of a provisional order to take on board both British and Argen- administration for the Islands, and establishment tine casualties and that the ship could be inspected under Article 29 of the Charter of a committee by the International Committee of the Red Cross presided over by the Secretary-General and com- (ICRC) at any time. posed of the two parties and four other Member On 29 May,(47) Argentina conveyed the text of States, with the mandate of conducting urgent a 28 May communication it had transmitted to the negotiations leading to a permanent settlement of United Kingdom through the Embassy of Brazil, the question. stating that if by zero hours on 29 May the Uganda In a statement of 23 May, transmitted the next (189) and other hospital ships had not withdrawn to a day, Uruguay recognized Argentina’s distance which left no doubt about their use, they sovereignty over the Malvinas, condemned the would be treated as hostile vessels. In a statement armed attack against the Islands, declared as un- issued on 30 May by its Ministry of Defence, reasonable the invocation of the right of self- transmitted the next day,(156) the United Kingdom defence for that action,, and called for an immedi- rejected as unfounded Argentina’s charge that the ate cessation of hostilities and a negotiated so- hospital ships were being used for military pur- lution. poses, stated that it had notified Argentine authori- Suriname, by a letter of 24 May,(187) expressed ties of the ships’ movements, and declared its in- support for Argentina’s struggle to restore tention to use them when and where appropriate sovereignty, deplored the military and economic in accordance with the Geneva Convention, with actions taken against Argentina and urgently a warning that any Argentine military action called on the United Kingdom to withdraw its against them would constitute a breach of that troops and resume negotiations. Convention. In a letter dated 31 May,(51) Argen- Costa Rica issued a statement on 25 May, trans- tina stated its preparedness to allow ICRC officials mitted the same day,(112) saying that in the light to embark on hospital ships of both sides to con- of the deteriorating situation it was imperative that firm compliance with the Convention. the Council call on the parties to cease war1ike ac- In a communique of 1 June, transmitted on 2 tivities immediately and give the Secretary- June,(53) Argentina announced that its hospital General the broadest and clearest mandate to seek ship Bahia Paraíso would receive the wounded Ar- a peaceful settlement. gentines from Puerto Argentino and subsequently In a telegram dated 21 May,(183) Ecuador re- from the Uganda, at a place to be determined, be- quested that the Council be convened, with the ur- fore returning to Argentina. Also on 2 June,(54) gency required by the situation, in order to adopt Argentina conveyed three messages dated 26, 27 measures for the immediate cessation of hostili- and 28 May, which it had transmitted to the ties and achieve a peaceful solution to the problem. United Kingdom through the Brazilian Govern- Colombia transmitted on 26 May(110) the texts ment, in which it claimed having verified the mili- of letters exchanged between its President and the tary use of the Uganda and repeated its declara- Prime Minister of the United Kingdom; in his let- Other colonial Territories 1335 ter of 21 May, the Colombian President offered the Secretary-General said he had met separately his Government’s co-operation in whatever peace with the parties on the day the Council adopted formula best met the interests of both sides; in her that resolution giving him a mandate to negoti- reply of 25 May, the British Prime Minister said ate, and had requested each to provide within 24 the decision to end the conflict rested with Argen- hours a statement of the terms it considered ac- tina which had resorted to force and that a com- ceptable for a cease-fire. Both sides complied but, pliance with the 3 April Council resolution for Ar- after extensive exchanges with them continuing gentine troop withdrawal was an essential first through the morning of 2 June, it was his judge- stage for a negotiated solution; she asked the ment that the positions of the two sides did not Colombian President to help bring home that mes- offer the possibility of developing at that time sage to Argentina. mutually acceptable terms for a cease-fire. In a joint declaration made in New York on 24 Security Council consideration (June). The May, which was transmitted the same day,(178) the Security Council met on 2, 3 and 4 June, in Foreign Ministers of Argentina, Nicaragua, response to a req uest made by Panama, by a let- Panama and Venezuela rejected what they called ter of 31 May,( 121) for the urgent convening of the the United Kingdom’s military offensive against Council to continue studying the situation in the the South American continent; protested the Brit- Falkland Islands (Islas Malvinas). ish decision, as communicated to Uruguay, to ex- Argentina, Brazil and Honduras, at their re- tend military action to the River Plate; rejected quest, were invited to participate in the Council the EC decision, with the exception of Ireland and discussions without the right to vote. Italy, to extend indefinitely its economic sanctions Owing to the negative vote of a permanent against Argentina; and expressed alarm that the member, the Council, on 4 June, by 9 votes to 2 Security Council had taken no action thus far to (United Kingdom, United States), with 4 absten- re-establish peace. tions, failed to adopt a twice-revised draft resolu- In a letter dated 25 May,(153) the United King- tion submitted by Panama and Spain,(4) by which dom replied that it had assured Uruguay of its in- the Council would have requested the parties to tention not to engage in any military activities in- the dispute to cease fire immediately and to ob- shore of the line at the mouth of the River Plate serve simultaneously the implementation of its as established by the Treaty of the Rio de la Plata resolutions of 3 April and 26 May. Further, the of 1973 between Argentina and Uruguay and that Council would have authorized the Secretary- it would not infringe Uruguay’s rights and in- General to verify compliance with the resolution, terests. submit an interim report to the Council within 72 Argentina, on 31 May, (50) transmitted a resolu- hours and keep the Council informed. tion adopted at Washington, D. C., on 29 May by Spain had introduced the original draft on 2 the Twentieth Meeting of Consultation of June, saying that an immediate cease-fire could Ministers of Foreign Affairs of OAS. By that reso- be followed by the withdrawal of the forces and lution, the Meeting demanded the immediate ces- speedy negotiations on full compliance with the sation of the British acts of war, expressed support Council resolutions. While it was joined by for the mandate the Security Council had given Panama in asking the Council to vote on the text to the Secretary-General, called for an end to mili- that same day, a vote was postponed until the next tary and economic moves against Argentina and day, 3 June, at Japan’s request. The 2 June draft reaffirmed the principle of the peaceful settlement simply called for a cease-fire without it being of disputes. The same text was transmitted to the linked to simultaneous implementation of the Secretary-General of the United Nations by the Council’s April and May resolutions, an element OAS Secretary-General on 29 May.(7) which was added in the first revision put forward The United Kingdom commented on the OAS on 3 June. resolution in a letter dated 1 June,(157) observing When that revision was proposed and the that the text did not refer to the Security Council United Kingdom requested time to give it con- resolutions of 3 April and 26 May, thereby failing sideration, Spain, also on behalf of Panama, asked to take into account the Argentine invasion of the for a two-hour suspension of the meeting until 3.30 Falkland Islands on 2 April and the Council’s de- p.m., to be followed by a vote on the text. Jordan mand for the withdrawal of Argentine troops; requested a postponement until 5 p.m. in order rather than acts of war, as charged, the United to allow delegations to seek instructions from their Kingdom had taken proportionate measures in ex- Governments. The United States also appealed for ercise of its right of self-defence. It said a peaceful more time for consultations, saying that the pro- settlement would permit the lifting of the economic posed revision substantially altered the substance measures against Argentina. of the text. Jordan’s proposal of a postponement In his interim report(192) submitted on 2 June to 5 p.m., on which Spain requested action, was in response to the Council resolution of 26 May, rejected by 5 votes to none, with 10 abstentions, 1336 Trusteeship and decolonization
and the President declared the meeting suspended tional security agreement on the Islands which until 3.30 p.m. The meeting resumed at 6.10 p.m. would include the participation of United States only to adjourn until 4 p.m., 4 June, at the request forces. Argentina said the British Government had of several members and with the consent of the systematically rejected alternative formulae for a sponsors of the draft resolution. cease-fire and had insisted that it would not with- On 4 June, the sponsors made further revisions, draw militarily until it had successfully repossessed authorizing the Secretary-General to verify com- the Islands, restored its administration of them, pliance with the resolution, rather than with the undertaken reconstruction and consulted with the cease-fire, and adding a request that he keep the inhabitants. Council informed concerning its implementation. The United Kingdom told the Council that, Explaining its vote against the resolution, the while respecting the confidence of the negotiations United Kingdom said the text did not make a carried out through the Secretary-General, an ac- direct and inseparable link between the cease-fire ceptance of Argentine pre-conditions would have and immediate Argentine withdrawal within a led to more procrastination and evasion on Argen- fixed time-limit, and that its wording would ena- tina’s part. Reasserting that it was Argentina which ble Argentina to reopen the endless process of had launched an act of aggression, and thus re- negotiation while leaving Argentine armed forces jecting a call for an unconditional immediate in illegal occupation of parts of the Islands. The cease-fire, the United Kingdom commended to the United States said its veto affirmed the principle Council as essential elements of a cease-fire reso- that force should not be allowed to triumph, but lution the reaffirmation of the resolutions of 3 it wanted to record the fact that, if it were possi- April and 26 May, reiteration of the demand for ble, it would have changed its vote to an ab- Argentine withdrawal and a call for a cease-fire stention. to’ come into effect as soon as watertight arrange- France, which abstained, considered it under- ments existed for that withdrawal within a fixed standable that one of the parties to the conflict felt period. It stated that the only reason for requir- it essential to obtain certain safeguards against ing adequate long-term security arrangements in continued non-compliance with the 3 April reso- the Falkland Islands was to shield the Islanders lution; consensus should have been reached against the threat or actuality of further ag- regarding its effective implementation. Similarly, gression. Guyana abstained, saying that, while Argentine Most speakers praised the Secretary-General’s non-compliance with the 3 April resolution was efforts to find a peaceful solution to the conflict both the cause and consequence of the current and expressed frustration that his mission had not level of armed hostilities in the South Atlantic, the led to the cessation of hostilities. Panama said the text failed to make an explicit link between a cease- domineering and intransigent attitude of the fire and withdrawal of Argentine forces within a United Kingdom had prevented the Secretary- clearly defined time-frame. Japan supported the General from giving the Council an encouraging resolution with the understanding that Argentina report. The USSR agreed, stating that the United would withdraw its forces within a reasonable Kingdom had virtually struck out everything posi- period of time. tive that the Secretary-General had achieved, and Panama said the British veto had deprived the had used the negotiating process as a smoke-screen Security Council of a new chance to demonstrate for a military operation aimed at restoring its effectiveness, and had put that body back into colonialism on the Islands. China said that one a state of absolute impotence. Spain said the non- of the parties, relying on its superior military adoption of what it considered to be a highly strength, had no intention of effecting a cease-fire. balanced text represented a failure for peace. Also charging the United Kingdom with break- Ireland and Uganda felt the text clearly linked full ing off negotiations, Brazil asserted that the implementation of the previous resolutions with Secretary-General’s chances of success had been the call for a cease-fire. Zaire supported the text limited by the vague mandate given him under the as it called for the implementation of the previ- Council’s 26 May resolution; it added that if the ous Council resolutions. China also voted in United Kingdom felt the 3 April resolution re- favour, saying the Council should call for an un- mained unimplemented, it should have returned conditional cease-fire, resumption of negotiations to the Council, rather than assume unilaterally the and, at the same time, extend the Secretary- task of ensuring implementation. Spain called it General’s mandate. improper to refer exclusively to paragraph 2 of the In the Council debate, Argentina asserted that 3 April resolution, which demanded the with- the United Kingdom was bent on re-establishing drawal of Argentine forces, when the resolution colonial imperialism in the Americas and ensur- should be implemented in full. ing its military predominance in the South Atlan- Panama observed that the dispute had gone on tic; it claimed Britain was proposing an interna- too long, threatening international peace and secu- Other colonial Territories 1337 rity, and Jordan said it was not too late to contain taken place near Mount Kent at 2230 hours, 8 the conflict, save numerous lives and restore good- June, and several British aircraft had been shot will. Brazil and China both declared it time for down or damaged on 9 June. the Council to decide on an immediate cease-fire. In a communique of 10 June, conveyed the fol- Communications (2 June-August). On 4 lowing day,(68) Argentina stated that its Air Force June,(56) Argentina transmitted to the Security had carried out numerous attacks on 9 June in the Council the text of an agreement adopted at Fitzroy area, its Army had conducted artillery at- Caracas, Venezuela, on 2 June by high-level tacks in the Mount Kent vicinity, and Britain’s 8 government representatives of the Latin Ameri- June landing attempt had been repulsed. In a se- can Economic System, calling for the immediate cond communique of 10 June as well as two is- discontinuation of what it termed the illegal coer- sued on 11 June, all of which were transmitted on cive economic measures taken against Argentina 12 June, (69) Argentina reported on continued by the United Kingdom and other States, extend- military activities as well as evacuation of the ing to Argentina economic co-operation to deal wounded by hospital ships and charged that with the effects of these measures and recommend- United Kingdom reports were minimizing Brit- ing formulation of a strategy to defend Latin ish losses while exaggerating Argentina’s. American security and economic independence Argentina reported heavy fighting on 12 June through greater regional economic integration and near Puerto Argentino following a landing at development. daybreak of approximately 4,500 British troops, The Argentine Armed Forces Joint General armed with sophisticated weapons, which Staff issued a communique on 3 June, transmit- managed to penetrate Argentine defence lines by ted on 4 June,(57) reporting an exchange of ar- 3.5 kilometres; the details were provided in two tillery fire in the Mount Kent area, with no losses communiques issued that day and transmitted on on its side. In two communiques of 4 June, trans- 12 June(72) and 13 J une.(75) There were no infan- mitted on 5 June,58)( the Joint General Staff try confrontations that night or the morning of 13 reported a decline in Britain’s air operations, while June, according to an Argentine communiqué of its Air Force conducted intensive bombing raids 13 June conveyed by a letter dated 14 June. (77) In in the Mount Kent area. Further communiques, two more communiques transmitted by that same conveyed on 6 June,(60) said that the British letter, three by a second letter of 14 June(79) and Defence Ministry’s announcement of 3 June on two more by a third letter of that date,(80) all is- damage to four of its naval units, including the des- sued on 14 June, Argentina described heavy fight- troyer Glasgow and the frigate Argonaut, demon- ing in the hills outside Puerto Argentino and the strated the truthfulness of Argentine reports which continued advance of United Kingdom troops, fol- had previously been denied or not admitted by the lowed by a de facto cease-fire; talks between the mili- United Kingdom; military activity remained tary commanders of the two sides were reported limited on 5 June. to have taken place at 1600 hours, 14 June. The relatively static military situation persisted In a communique of 16 June, transmitted on until 7 June, according to three Argentine com- 17 June,(82) Argentina presented its analysis of the muniques issued on 6 and 7 June and transmit- fighting at Puerto Argentino that led to a de facto ted on the latter date;(62) the Argentine hospital cease-fire at 1500 hours on 14 June, and said that ship Bahia Paraiso transported wounded personnel the United Kingdom had broken its defences in from several points, including 47 from the British a pre-dawn attack with the aid of high-technology counterpart Uganda, to the Argentine mainland on weapons, including infra-red equipment for night 5 June, it was also reported. In two additional viewing, portable missile-launchers and laser aim- communiques issued on 7 June, forwarded the fol- ing systems; that consequently the Malvinas had lowing day, (63) Argentina said that its ice-breaker been transformed into a test site for these weapons, Alrnirante Irizar was undertaking new duties as a many of which were unknown even on the inter- hospital ship and that some exchanges with United national arms market; that the fact that this mar- Kingdom air and ground forces had taken place ket had been closed to Argentina had a basic im- on 7 June. pact on the outcome; and that the United States A landing was attempted by the British forces had provided logistical support. near Puerto Argentino on 8 June, Argentina said Argentina said in a letter dated 6 June(59) that in a communique of that date forwarded on 9 the United Kingdom had acknowledged the (65) June, and all four British naval craft involved presence on 27 May of the Uganda in a place where in the operation were damaged by Argentine air- fighting had been going on and had further craft. A second landing attempt near Puerto Ar- reported that a British vessel had boarded and in- gentino later that day was reported in a 9 June spected the Argentine hospital ship Bahia Paraíso communique transmitted on 10 June;(66) intense without finding any violations of the Geneva Con- ground combat and violent artillery duels had vention; by the same letter, it transmitted a com- 1338 Trusteeship and decolonization muniqué of 5 June which said that the two ships deactivate explosives in the area of Goose Green had had a rendezvous on 4 June in order to trans- and Port Darwin, Argentina issued a communiqué fer wounded personnel. on 5 June, transmitted on 6 June,(61) saying that, In a letter dated 10 June from its Foreign if confirmed, such action would constitute a vio- Minister to ICRC, which was transmitted to the lation of the Geneva Convention relative to the Council on 12 June,(70) Argentina said it had in- Treatment of Prisoners of War. In a communique spected the United Kingdom hospital ship Hydra of 7 June, conveyed on 8 June,(64) Argentina an- on 7 June and was analysing information to the nounced that the United Kingdom had replied effect that military spare parts had been found on through Brazilian authorities that a box of muni- an aircraft delivering medical supplies to that ship. tions had exploded while in transport, killing five On 12 June,(71) Argentina conveyed two com- prisoners and injuring seven others; further clarifi- muniques issued on 11 and 12 June reporting that cation was being sought, Argentina said, in order on 11 June its hospital ship Bahia Paraíso, which was to prevent the recurrence of such actions. moored in the Puerto Argentino area with crew, In a letter dated 11 June,(158) the United King- injured personnel and ICRC officials aboard, was dom said it knew of no facts to support reports nearly hit by two missiles tired by British aircraft, or Argentine allegation that prisoners were made and that indicriminate bombing in the harbour to clear minefields but was investigating the mat- area had resulted in two civilians killed and four ter, denied that its account of prisoner casualties wounded; Argentina asserted that the modern communicated to Argentina implied a violation weapons systems used by the United Kingdom of Geneva Conventions, asserted that its treatment ruled out the possibility that the incident had been of prisoners was in full accord with those Conven- caused by an error. Argentina’s protest on the at- tions, and added that further loss of life could be tack on its hospital ship was conveyed in an 11 June avoided if Argentina agreed to an immediate with- letter, transmitted through Brazilian authorities to’ drawal of its forces from the Islands according to the United Kingdom; the text of the letter was sent a firmly agreed timetable. (73) to the Council on 12 June. Replying to an ICRC request for information, In two communiques issued on 12 June and in a letter of 8 June transmitted on 11 June,(67) transmitted the same day,(74) the Argentine Joint Argentina said the development of the hostilities, General Staff announced that its Air Force had at- the imposition of the exclusion zone and the in- tacked and put out of action a United Kingdom discriminate attacks on population centres frigate, which it said was bombarding the civilian prompted it to declare that the United Kingdom population of Puerto Argentino, and provided the bore sole responsibility for the consequences that identities of civilians wounded or killed there by might result from certain shortages and limitations British naval units the day before. It announced in meeting the needs of the civilian population of in a communique of 13 June, transmitted that the Malvinas. In another letter to ICRC, transmit- day,(76) that it had further protested to the United ted to the Council on 14 June,(78) Argentina said Kingdom Government through the Brazilian that on the basis of talks with ICRC representatives authorities the bombardment of the hospital ship on 10 and 11 June, and in accordance with the rele- and of the civilian population, calling it inap- vant Geneva Convention, it was designating an propriate for the British Government to expect Ar- area around the cathedral in Puerto Argentina as gentina to assume responsibility for the protection a neutral zone for the shelter of civilians, the sick of the civilians which the British forces were at- and the wounded. tacking. On 14 June, Brigadier-General Mario Benja- In a letter dated 17 June,(161) the United King- mín Menéndez, the Commander of Argentine dom refuted Argentina’s allegations concerning the Land, Sea and Air Forces in the Malvinas, signed attack on Port Stanley, saying that its forces had an Instrument of Surrender with Major-General been instructed to keep clear of the hospital ship Jeremy J. Moore, Commander of the British Land and pointing out that under the relevant Geneva Forces in the Falkland Islands, to enter into effect Convention such ships acted “at their own risk” from 2059 hours local time (2359 hours GMT) on during a military engagement; the ultimate that day. The text of the Instrument, transmitted responsibility for incidents such as the alleged by the United Kingdom on 17 June,(160) stated civilian casualties at Port Stanley, on which it that the surrender was to include those Argentine awaited authoritative reports, lay with Argentina Forces deployed “in and around Port Stanley, those which had resorted to an act of unprovoked ag- others on East Falkland, West Falkland and all the gression on 2 April and which should have ar- outlying islands”. ranged for the evacuation of civilians and facili- Argentina, on 17 June,(81) transmitted commu- tated access by ICRC. nications it had exchanged with the United King- In response to press reports that captive Argen- dom through the Brazilian authorities. In a mes- tine soldiers had been compelled to locate and sage delivered on 15 June, the United Kingdom Other colonial Territories 1339 expressed its readiness to commence repatriation sible for all Antarctic and sub-Antarctic logistical of Argentine personnel, provided it received as- operations; and that this station was officially surance of a total cessation of hostilities and a registered with the World Meteorological Organi- guarantee of safe passage for ships and planes used zation and recognized as an Argentine station. for that purpose; once total cessation of hostilities In a letter dated 23 June,(163) the United King- was confirmed, the United Kingdom would pro- dom, referring to the Argentine letter of 18 June, pose lifting economic measures and exclusion asserted that it was none other than Argentina zones instituted by both parties and would ask which had committed an act of aggression; rejected other nations to lift their economic sanctions Argentine attempts at imposing pre-conditions for against Argentina. In response, Argentina stated a total cessation of hostilities, including the with- its readiness to receive its personnel as soon as pos- drawal of British forces from the Islands; stated sible and hoped that the United Kingdom would that the Falkland Islanders had resented the Ar- apply the procedure used during the conflict with gentine invasion and welcomed their liberation by the co-operation of Uruguay and ICRC, but that British forces; and expressed readiness to imple- any attempt to impose conditions of a political na- ment its 15 June proposals once Argentina ac- ture would be unacceptable. cepted a total end of hostilities. In a communiqué issued on 17 June and trans- In exercise of its right of reply to a statement mitted the following day,(85) Argentina reported made on 14 June by the President of Panama at that a total of 549 wounded personnel had been the Twelfth Special Session of the General Assem- transported from the Islands to the mainland since bly devoted to disarmament, the United Kingdom the conflict had begun and that the transfer oper- addressed a letter of the same date(159) to the As- ation was continuing normally. sembly President taking issue with the Panama- In a letter of 17 June,(83) Argentina charged nian charge that the introduction of British nuclear that the United Kingdom warship Endurance had submarines in the South Atlantic had made a threatened to use force to remove Argentine per- mockery of the Treaty for the Prohibition of sonnel from the scientific station “Corbeta Uru- Nuclear Weapons in Latin America (Treaty of guay” which Argentina had maintained on an is- Tlatelolco). That Treaty, the United Kingdom land in the South Sandwich archipelago since 1977 said, prohibited nuclear weapons in the region but and which constituted no military threat. not nuclear-powered submarines; it was inconceiv- In a letter dated 18 June,(84) Argentina stated able, it added, that it would use nuclear weapons that on 14 June the Commander of the Argentine against Argentina. forces defending the Malvinas Islands had had to Panama observed in a 17 June letter to the As- surrender, owing to the military superiority of the sembly President(122) that the United Kingdom did British forces; a total cessation of hostilities would not declare its non-use of nuclear weapons against be achieved, it said, only when the United King- Argentina but simply called such action inconceiv- dom lifted its military blockade and economic able; that the presence in the South Atlantic of the sanctions against Argentina and withdrew its mili- British nuclear submarines on military missions, tary forces from the Islands. It stated further that with the possibilities of their destruction and con- only negotiations within the United .Nations sequent environmental contamination, threatened framework could lead to a final settlement of the the safety of the States of the region; and that the dispute and eliminate a situation of illegal colonial United Kingdom should submit its submarines to domination by force. inspection by the International Atomic Energy Argentina informed the Council, by a letter Agency so as to dispel apprehension. dated 19 June,(86) that United Kingdom helicop- Taking issue with other arguments put forward ters had fired shots at the “Corbeta Uruguay” sta- by Panama in its 17 June letter, the United King- tion that day in violation of the cessation of hostil- dom said in a letter of 30 June(164) that the right ities. The United Kingdom replied in a letter dated of self-determination as defined by the United Na- 21 June(162) that its forces had recovered posses- tions applied not only to the so-called oppressed sion of the South Sandwich Islands, over which but to all peoples, including the Falkland Islanders; it had first proclaimed its sovereignty in 1775, and and that a 1980 census had shown 1,360 of the that 11 Argentine naval and air force personnel at 1,813 inhabitants to have been born in the Falk- the illegally-established station had formally sur- lands, many of whom were descendants of rendered on 20 June without any shots having nineteenth-century immigrants from Europe, be- been fired by British forces. Argentina responded lying Panama’s charge that the population had in a letter of 24 June(87) that it had never accepted been artificially installed. the British claim to sovereignty over the South Argentina, in a letter of 23 July to the Assem- Sandwich Islands; that the unarmed personnel at bly President,(88) referred to the United Kingdom the “Corbeta Uruguay” were scientific personnel letter of 30 June, asserting that the principle of self- of the Argentine armed forces, which were respon- determination did not apply to the occupying 1340 Trusteeship and decolonization population of the Malvinas which had been estab- right of free navigation and exploitation of its ma- lished there through an act of force by the colonial rine resources, Argentina said, adding that an ef- Power and which consisted in many cases of tran- fective and just peace could be attained only when sitory employees of the United Kingdom Govern- the United Kingdom ceased to enforce the pro- ment or of the British-based Falkland Islands tection zone and the economic sanctions, withdrew Company. The United Kingdom, in a 13 August its forces and undertook negotiations within the letter to the Secretary-General,(166) called that ar- United Nations framework. gument tendentious and said that historical evi- The United Kingdom, in a letter dated 20 Au- dence did not support Argentina’s contention that gust,(167) denied having used force against Argen- a settled Argentine population had been forcibly tine fishing boats; stated that it had never accepted displaced by the United Kingdom in the Argentina’s claim to fisheries or continental shelf nineteenth century. jurisdiction beyond the median line between the On 22 July,(l65) the United Kingdom conveyed Falkland Islands and Argentina and that it a statement made by its Prime Minister that day, reserved the rights of the Falkland Islands over announcing the lifting of the total exclusion zone their own maritime resources; called the protec- of 200 nautical miles around the Falkland Islands tion zone for the defence of the Islands necessary and adding that, in order to minimize the risk of in view of Argentina’s unwillingness to declare a inadvertent clashes, it had asked Argentina, via definite end to hostilities; and stated that Argen- the Swiss Government, to ensure that its warships tine conduct since 2 April had deprived the inter- and military aircraft did not enter a zone of 150 national community of any certainty that that miles around the Islands. Referring to this state- country could be trusted to negotiate in good faith, ment in a letter dated 26 July, (90) Argentina and that it would be a long time before confidence declared that it did not accept the existence of in Argentine intentions could be re-established to limits of any kind in seas within its jurisdiction; the point where the prospect of negotiations could that the British attitude demonstrated the existence be discussed. in the zone of only a de facto suspension, rather Argentina complained that United Kingdom air- than a final cessation, of hostilities; and that craft had been harassing its fishing vessels while genuine peace could be achieved only if the United they were operating outside the protection zone; Kingdom abrogated the military and economic in a letter dated 24 August,(92) it said that live ships measures it had taken and agreed to negotiate wi- had been buzzed by British helicopters on 14 and thin the framework of the United Nations. 15, August, and in a letter dated 27 August,(93) it On 26 July,(89) Argentina transmitted a letter informed the Council that two of the same ships of 20 July addressed to the President of the Com- had been buzzed on 18 August. The United King- (168) mission of the European Communities protesting dom, in a letter dated 27 August, confirmed that the EC decision to grant the United Kingdom’s re- its naval forces had had encounters with five Ar- quest for emergency assistance for the Malvinas gentine vessels on 14 and 15 August but denied that Islands, arguing that the action constituted inad- there had been any threat or use of force. missible interference and could be construed as Consideration by the Committee on colonial disregard for Argentina’s legitimate rights over the countries. The Special Committee on the Situa- archipelagos. On 7 October,(180) Denmark, as cur- tion with regard to the Implementation of the rent President of the Council of the European Declaration on the Granting of Independence to Communities, transmitted a letter dated 23 Au- Colonial Countries and Peoples considered the gust from the President of the Commission of the Territory of the Falkland Islands (Malvinas) at European Communities in reply to Argentina’s let- meetings between 29 April and 20 August, (190) ter of 20 July, stating that EC aid had been granted during which it heard statements by the United to the Falklands in the past and that therefore the Kingdom as the administering Power, by Argen- current action did not constitute a change of any tina. and by Committee members. It also heard kind, that by EC policy such aid did not prejudge statements by those not members of the Commit- the status of the countries or territories which tee which had requested to participate (Bolivia, received it and that the Commission considered Brazil, Colombia, Ecuador, Panama, Peru, Uru- as inadmissible criticism by third States of the le- guay) and by two members of the Territory’s Legis- gality of its actions. lative Council. On 20 August, the Committee On 13 August,(91) Argentina informed the decided without objection to continue considera- Security Council that, on 5, 8 and 10 August, its tion of the item at its 1983 session, subject to any fishing vessels had been forced to withdraw from directives by the General Assembly. waters lying within its jurisdiction by British war- Communications (September-November). ships and military aircraft enforcing the 150-mile Replying to the United Kingdom’s letter of 20 Au- “protection zone” imposed by the United King- gust, Argentina, in a letter dated 20 Septem- dom; that act of aggression interfered with the ber,(94) said that the imposition of the protection Other colonial Territories 1341 zone violated the right of freedom of navigation; General Assembly action (November). On 4 it could not allow the United Kingdom, by the use November, the General Assembly requested Ar- of fallacious arguments, to continue the colonial gentina and the United Kingdom to resume aggression in a part of Argentine territory and ex- negotiations towards a peaceful solution of their tend it to waters under Argentine jurisdiction or sovereignty dispute over the Falkland Islands to attempt to perpetuate that situation by declin- (Malvinas), calling on the Secretary-General to ing to negotiate an end to the dispute. undertake a renewed mission of good offices to as- In a letter of 23 September,(95) Argentina com- sist the parties in this task and asking him to report plained of further harassment of its fishing vessels, in 1983 on progress made in implementing the (194) citing 19 incidents of overflight and buzzing by resolution. United Kingdom aircraft between 24 August and The resolution, sponsored by 20 Latin Ameri- 15 September, all but one of which, it said, had can States, was adopted by a recorded vote of 90 taken place outside the protection zone. to 12, with 52 abstentions. The request for inclu- On 8 October,(169) the United Kingdom sion of the question as a supplementary item on responded to the Argentine letters of 20 and 23 the agenda of the 1982 Assembly session came in September, stating that Argentina bore sole a letter dated 16 August(177) signed by the Foreign responsibility for the failure of the Council reso- Ministers of the same 20 States, who hoped for lution of 3 April to bring about a peaceful resolu- a peaceful settlement through negotiations con- tion of the dispute; that by Argentina’s own ac- ducted under United Nations auspices. count the 19 encounters with Argentine fishing In deciding on 24 September to consider the ques- vessels consisted of no more than overflight by Brit- tion directly in plenary meetings, the Assembly, by ish aircraft for the purpose of identification or to a recorded vote of 41 to 33, with 24 abstentions, request that they leave the protection zone; and agreed to a proposal by the United Kingdom that that Argentine civilian vessels with legitimate rea- the interested parties would be heard in the Fourth son to enter the zone should continue to seek Brit- Committee. Among those casting the negative votes ish agreement in advance, as they were known, it were 17 Latin American countries joined by several said, to have been used as cover for naval person- Eastern European and other socialist countries. The nel or equipment for intelligence purposes. Fourth Committee subsequently heard on 2 Novem- Argentina, in a letter dated 1 November,(99) ber (19l) the following petitioners:(193) Anthony T. summarized its arguments in rejection of the Blake and John E. Cheek, members of the Legis- United Kingdom’s imposition of a protection zone, lative Council of the Falkland Islands (Malvinas); and charged that the United Kingdom was main- and Alexander Jacob Betts, Susan Coutts de taining the climate of tension in the area and ig- Maciello, Bárbara Minto de Pennissi and Reynaldo noring the mandate in United Nations resolutions Ernesto Reed, all residents or former residents of to negotiate urgently with Argentina on the dis- the Islands. The General Assembly took note of pute over sovereignty. the Committee’s action in a decision of 3 By a letter of 18 October,(96) Argentina re- November.(201) quested circulation as a General Assembly docu- In explanation of vote, absence in the text of an ment of an overview of the question of the Mal- explicit reference to the principle of self- vinas Islands, summarizing its view of the history determination or respect for the freely expressed of the Territory and consideration of it by the wishes of the inhabitants of the Falkland Islands United Nations; included were the texts of several (Malvinas) was cited by many, among them An- Latin American and United Nations decisions and tigua and Barbuda, Fiji, the Gambia and Solomon statements by the Movement of Non-Aligned Islands, which voted against; Jamaica, Lesotho, Countries on the question. On 1 Novembert(98) Norway, Sweden and Zaire, which abstained; and and 2 November,(101) Argentina submitted addi- Liberia, which voted in favour. New Zealand voted tional historical material. The United Kingdom, negatively, and the Netherlands abstained, saying in a letter dated 28 October,(170) stated that the that the Islanders were entitled to have a say in Argentine document repeated numerous tenden- their own future. tious claims which it had refuted earlier, and an- Along with the United Kingdom, which voted nexed copies of its letters of 28 April and 13 Au- against, Belgium, abstaining, said the text should gust which set out its position concerning the have referred not only to the interests but also to historical record and the substantive issues. the aspirations of the Islanders. Botswana, Ghana, In letters dated 20 October,(97) 1 November(100) Israel and the United States, supporting the text, and 17 November,( l02) Argentina reported 50 fur- and Sweden, abstaining, said the negotiations ther acts of harassment by British vessels and air- should take into account the Islanders’ rights and craft against Argentine fishing vessels outside the aspirations. Australia, abstaining, said the text protection zone occurring between 10 September referred to the rights of the inhabitants in a highly and 7 November. qualified way. However, Mexico said in support 1342 Trusteeship and decolonization
of the resolution that an inclusion in the text of to place the envisaged negotiations in a neutral a reference to the principle of self-determination context. Similarly, Belgium feared the adoption of of peoples would tend to disguise colonial domi- the text might exacerbate the differences and prove nation with supposedly moral arguments and give prejudicial to the negotiations. Sharing that view, rise to confusion. The United Kingdom called it Saint Lucia said the Assembly should not be used ridiculous to rest the case on the Argentine ver- to suit any State’s convenience by ignoring Charter sion of what had happened in the eighteenth and principles when those principles were at variance nineteenth centuries in disregard of the wishes of with the perceived self-interest of that State. the current inhabitants. Saint Lucia, abstaining, Ireland said it would have preferred a more open was not convinced that the argument against self- and flexible approach to the questions at issue, ad- determination was valid in respect of the time- ding that the text tilted towards the position of one frame in question. of the parties. The United Kingdom rejected the The United Kingdom, joined by Luxembourg emphasis in paragraph 1 on the sovereignty dis- and the Netherlands, both of which abstained, said pute as prejudging the negotiations, and Austra- the text failed to recognize the obligations of the lia concurred. Belize cast a negative vote, saying United Kingdom as the administering Power or that the text failed to cover adequately the subject the rights of the Falklanders under Article 73 of negotiations. (relating to Non-Self-Governing Territories) of the Turkey regretted that it had not been possible Charter of the United Nations. Sierra Leone, ab- to formulate a consensus resolution on which the staining, called the question one of self- resumption of the negotiations could safely be determination and decolonization and, as such, fell based. Senegal asserted that an appeal for negoti- within the purview of that Article. ations should not contain formulations subject to A number of those supporting the text different interpretations by the two parties, and reaffirmed their belief in Argentine sovereignty the Federal Republic of Germany called on both over the Falkland Islands (Malvinas). The Libyan sides to search for a basis for negotiations, without Arab Jamahiriya saw the Malvinas as Argentina’s asking the international community to prejudge natural geographic and historic extension and, the outcome and without setting pre-conditions. joined by Afghanistan and Viet Nam, called for Also abstaining in the vote, Saint Lucia and the the defence of the territorial integrity and the Sudan considered that certain elements in the text United Kingdom’s immediate withdrawal. might have created obstacles to negotiations Mexico said deleting the concept of sovereignty towards a solution that would ensure the fulfilment from the text would make the controversy devoid of the aspirations of the population; Sierra Leone of substance and cause the negotiations to be saw the text falling short of recognizing that self- diverted to secondary and even banal questions. determination, independence and sovereignty were Such a deletion, Peru said, would have meant ig- inseparable in that negotiation. New Zealand and noring all the United Nations resolutions which the United Kingdom opposed the text, as they had described the Malvinas question as a dispute questioned the effectiveness of calling for negoti- concerning sovereignty. Brazil appealed to the par- ations without clearly setting forth the principles ‘ties to proceed directly to what it called the fun- involved. Although agreeing with the need for damental question of whose claim to sovereignty negotiations, the Bahamas, abstaining, said it was more legitimate. Chile, while supporting Ar- could not support the deficient modalities and gentina’s claim of sovereignty over the Islands, cau- guiding principles which underpinned the resolu- tioned against going back into history to stir up tion, including presenting the Secretary-General memories of facts which might sharpen differences with tools that were not equal to the task. ‘While or deepen unhealed wounds. Mexico, on the other Hungary and Uruguay supported as timely the hand, asserted that the text did not expressly af- call for the Secretary-General’s renewed mission firm the background information in support of the of good offices, Antigua and Barbuda voted legitimacy of Argentina’s claim over the Islands. against the text, as it saw no practical purpose The United Kingdom denied, however, that Ar- being served by instructing the Secretary-General gentina had inherited title to the Falklands from to undertake a mission in the renewed tension Spain, that Argentina had ever established which the resolution could produce. Solomon Is- sovereignty or a permanent settlement there by lands, which voted similarly, called on Argentina 1833 or that Britain had used force in reoccupy- to change its attitude completely before coming ing the Islands that year. to the United Nations to ask for the support of the A number of speakers expressed fear that the international community. resolution’s terms prejudged the outcome of Among those voting in favour, Austria agreed negotiations. France, Italy and the Netherlands that the call for negotiations should not prejudice abstained for that reason, as did Luxembourg and the outcome, and Tunisia said that to advocate the Samoa, which considered the text as having failed right to self-determination as the only basis for a Other colonial Territories 1343
settlement of the conflict might result in prejudg- Among those abstaining, Australia, Guyana, ing the content of negotiations. Botswana said its and Trinidad and Tobago considered some impor- affirmative vote should not be construed as sup- tant basic elements either missing or inadequately port for one party or to prejudge the outcome of addressed in the text, and Malta, although voting negotiations; to do so, Japan said, would only in- in favour, shared that view. Similarly, Zaire said tensify hostilities and diminish the chance of a the resolution must avoid the temptation to amal- peaceful settlement. The United States said the gamate inconsistent elements; defining the very resolution did not legally prejudice the position of nature of the dispute as exactly as possible would either party or prejudge the result of negotiations; in itself be a way of helping towards a solution. in fact, the text aimed at creating a negotiating Maldives and Sierra Leone abstained because of framework on an impartial basis, Mexico said. the importance they attached to the principle of Chile, Costa Rica, El Salvador and Nicaragua also the non-use or threat of force, as did Kuwait, maintained that the text did not prejudge the out- which affirmed its belief also in decolonization, come of the proposed negotiations, and Hungary self-determination, sovereignty and territorial in- considered the text constructive and well-balanced. tegrity; Austria voted in favour with the under- Albania, while supporting the text, said it had no standing that the resolution was based on such fun- confidence that the United Kingdom would damental principles of international conduct. renounce its colonial position if the negotiations Tunisia supported the text for advocating the were resumed with Argentina. Madagascar felt peaceful settlement of disputes; the Central Afri- that the resolution took into account the interests can Republic and Israel expressed a similar view. of the inhabitants and would not prejudge the While voting in favour, Liberia said it would have sovereignty question. preferred more specific reference to denunciation The timing of acting on the resolution in 1982 of the use of force. was questioned by some. In the United Kingdom’s The issue of a formal, lasting cessation of hostil- assessment, many delegations were troubled at ities was not adequately covered in the text, said being obliged to vote on the text; they felt it a mis- Belize and Solomon Islands, both of which voted take for Argentina to have pressed the matter to against, and France, which abstained. The United a vote so soon after invading the Islands, and it Kingdom said its negative vote signified resistance would be a tragedy if the Assembly vote en- to any renewed Argentine pressure on the Falk- couraged Argentina into thinking that the Assem- lands, and asserted that the phrase about a de facto bly was prepared to ignore its act of aggression cessation of hostilities was carefully drafted so as seven months earlier. Antigua and Barbuda, which to contain no commitment at all. Liberia, voting cast a negative vote, said the text had the poten- in favour, appealed to the two parties to proceed tial to reopen wounds too fresh to be properly to the cessation of all hostilities, which Ghana, vot- healed, to encourage acrimony when sensitivity ing in favour, and Lesotho, abstaining, considered was required and to whip up emotions when a as an essential basis for negotiations; the Federal period of somber reflection would be more help- Republic of Germany, abstaining, considered it ful; it would have preferred the matter to be aired necessary for the restoration of normal relations in a debate rather than have a vote on a resolu- between the parties. Among those voting in favour, tion. Belize, voting negatively, and Belgium and Japan appealed to Argentina to respect the prin- Sierra Leone, abstaining, shared that view. ciple of the non-use of force, and Greece expected Jamaica, which had appealed to the sponsors for from Argentina a definite commitment not to re- a one-year deferment of the draft for that reason, sume hostilities, so as to ensure just negotiations. abstained in the vote. The Netherlands, abstaining, said it welcomed Ar- Canada, which also abstained, said it would gentina’s declared intention not to resume hostil- have preferred a simple resolution expressing con- ities. Brazil and Peru said all those sponsoring the cern over the tragedy, urging the parties to resume text, including Argentina, were committed to the negotiations at the earliest possible moment and cessation of hostilities; Chile said the text put the offering appropriate assistance through the cessation of hostilities in a legal framework, lead- Secretary-General. Similarly, Australia believed ing to de jure cessation. the United Nations, at some appropriate time, War was imposed on Latin America, Suriname should urge the parties to resume discussions in asserted, and the text’s objective was restoration a less emotionally charged atmosphere. Ghana of peace; Ghana and Venezuela voted for the text voted in favour, saying that the sooner the negoti- as an act of faith in the United Nations capacity ations began the greater the chances of their suc- to restore peace. Uruguay believed the peace in- cess, and the Dominican Republic appealed to the itiative by the 20 sponsors established Latin United Kingdom to support the resolution so that America anew in the United Nations as a stable negotiations could get under way as soon as and calming force. The Assembly had to take a possible. more active role in the search for a peaceful solu- 1344 Trusteeship and decolonization tion, Ethiopia said in support of the text, in order recent the hostilities, the more urgent the need to to avert a possible repetition of the tragedy. Alba- find a peaceful solution. Cuba agreed, saying that nia, despite reservations concerning what it called the victims of the conflict deserved an effort for omission of fact and reference to certain docu- a negotiated solution. The urge to remember the ments, supported the resolution because it believed sacrifices made should not prevent the efforts for the maintenance of colonial situations to be incom- a peaceful settlement said Uruguay, and patible with the ideal of international peace. Nicaragua said that any attempt to delay or pre- Bolivia likewise said that to vote for the text was vent negotiations would run counter to the Charter to vote for the Charter principle against colonial- and to United Nations resolutions. Malta cau- ism. For Tunisia, the issue was conflict over tioned that time would be needed for the wounds sovereignty caused by a continuing colonial situ- to heal and that hasty efforts might be counter- ation, and Ghana called the question that of productive, although it also observed that deliber- decolonization. ate delay on one side could be provocative. The China and Haiti believed that the recommen- aftermath of the conflict was an understandable dations put forward by the sponsors constituted constraint on the normalization of relations, the most viable formula for a peaceful solution. Canada said, but the international community had Honduras said the text provided the United King- an interest in an early settlement as well. India dom with an honourable way out. hoped both parties could find the necessary con- During the debate, most speakers lamented the fidence to negotiate. loss of life and the material damage caused by the Several speakers dwelt on the effectiveness of armed confrontation between two Member States. the United Nations in the peaceful settlement of Several urged the United Nations to provide an disputes. Equatorial Guinea expressed concern adequate framework for a peaceful solution to the over the failure of the negotiating efforts and dispute, and complimented the Secretary-General numerous resolutions to stop the military hostili- for his efforts at mediation. Support was repeat- ties in the Falkland Islands (Malvinas). Chile ad- edly expressed for the principles of the non-use or vocated reactivating the Organization’s preven- threat of use of force in international relations and tive function for the timely avoidance of conflict. the peaceful settlement of disputes. Peru said the proposed resolution meant negotia- Belize, Guyana, Norway and the United King- tions to strengthen the United Nations role in dom said they regretted the abrupt interruption maintaining international peace and security. of the negotiating process at the end of March and The tragic conflict was not due to a failure of the Argentine resort to the use of force in April; the United Nations, Finland asserted, but to a United Kingdom asserted that a military and po- breach of its Charter by those which acted on po- litical confrontation had been forced upon it. In litical expediency and narrowly conceived na- addition to the invasion, Liberia regretted the Brit- tional interests. ish military response to it as contravention of the Some questioned the validity of the right to veto two Security Council resolutions, while New in the Security Council. Suriname wondered Zealand regretted Argentine refusal to comply whether the Council could function effectively with the Council’s demand for troop withdrawal. when one of the parties to the dispute was a per- As both sides counted their dead and assessed manent member with the option of blocking any the damage, India observed, they must have real- decisions that were not to its liking. Venezuela con- ized the value of diplomacy, dialogue and negoti- sidered the Council’s 3 April resolution as partial ation. Poland concurred, saying that the cost of and pro-colonialist, because it reproduced verba- gunboat diplomacy, when measured in human tim the proposal made by one of the parties to the lives, was enormous. China said that the momen- conflict; Panama said the United Kingdom, in ad- tary success of the militarily stronger party could dition to its right to veto, behaved as if it could not lead to a settlement of the dispute. Many act outside the Charter framework with impunity, speakers shared Brazil’s view that serious negoti- as demonstrated by its imposition of a blockade. ations were the only way to achieve a just and last- Honduras said the Malvinas issue offered a clear ing settlement. Yugoslavia asserted that a success- example of the veto power making a mockery of ful negotiating process had to take into account the principle of the sovereign equality of all United the rights of Argentina and the interests of the Nations Member States. population of the Malvinas. The United Kingdom There was frequent reference to the Assembly rejected the idea that negotiations could have only decisions taken since 1965 as having recognized one outcome, that of the transfer of sovereignty the colonial character of the dispute between Ar- from Britain to Argentina. gentina and the United Kingdom, and several Mexico rejected the United Kingdom’s conten- speakers endorsed Argentina’s claim to sovereignty tion that the bloodshed was too fresh for negotia- over the Territory as consistent with positions tions to be reopened; on the contrary, the more adopted by the United Nations, the Movement of Other colonial Territories 1345
Non-Aligned Countries or other intergovernmen- determination by itself could not resolve the tal bodies. Cuba said Argentina’s sovereignty over sovereignty dispute. the Malvinas had the support of history, geogra- Panama said the United Kingdom’s concern for phy and international law. Colombia felt that the the Islanders’ rights was paradoxical as it had dis- statements and replies by petitioners from the Mal- placed the indigenous inhabitants from the Indian vinas and the related debate in the Fourth Com- Ocean island of Diego Garcia to accomodate a mittee favoured Argentina’s claim. United States military base there; several other Given the history of its willingness to decolonize, speakers concurred with that view. the United Kingdom should have been able to ap- Costa Rica asserted that the United Kingdom proach the problem with serenity, Zaire stated, had changed its position since 1968—when it had while Argentina should have realized that the first considered the possibility of recognizing Ar- resort to force was unlikely to create conditions gentine sovereignty over the Islands within 4 to 10 favourable to a negotiated settlement. A speeding years-possibly due to the territory’s potential stra- up of the negotiating process towards restoring Ar- tegic importance for control of the South Atlantic. gentina’s territorial integrity would have prevented Algeria said that the Islands’ privileged geostra- an unwarranted war, Spain said, a view that was tegic position and the large economic interests that shared by the Congo. Fiji felt that the United might arise from application of the new Conven- Kingdom had fulfilled its obligations under the tion on the Law of the Sea could have explained Charter as administering Power of the Falkland the slow negotiations. The German Democratic Islands (Malvinas), had respected the rights and Republic also commented that the Islands’ loca- wishes of the Islanders and should be allowed to tion at the crossroads of the major sea lanes made continue to do so; the decolonization process the territory a springboard for the Antarctic and should continue in accordance with Article 73 of a potential operational base against the people of the Charter. the region. Several speakers took issue with the contention The Latin American countries, said Peru, of the United Kingdom that the right of self- viewed with concern the existence in the Malvinas determination applied to Falkland Islanders, who of a military base with 4,000 men equipped with should not be compelled against their will to be- sophisticated war matéiel. Argentina said the come citizens of another country, and moreover United Kingdom had installed a powerful military a country which, it said, had already ill-treated base on the Malvinas, while Panama and the them so harshly; it termed as specious and unsub- USSR asserted that plans had now emerged for stantiated the Argentine claim that the Assembly a significant expansion of military structures and had specifically excluded the right of self- installations there. Czechoslovakia charged that by determination for the Falkland Islanders. Luxem- establishing a naval base the United Kingdom was bourg called the right to self-determination a corol- turning the Islands into a strategic stronghold, lary of the principle of decolonization, and Aus- creating a hotbed of tension in the region. tralia asserted that it was Argentina, not Britain, The USSR asserted that the United Kingdom that was attempting to impose an alien rule. had used peace efforts within the Security Coun- Argentina stated that the right of self- cil as a diplomatic cover for military preparations, determination could not be used to transform and that the United States support for Britain illegitimate occupation into full sovereignty under showed that country’s aspiration to strengthen its the protective umbrella of the United Nations; that own military-political springboard in Latin the non-aligned Movement had declared non- America and to include the North Atlantic Treaty applicability of the right to self-determination in Organization (NATO) bloc in its policies in the the Malvinas case; and that only the Argentine western hemisphere. Similar views were expressed people were legitimately entitled to self- by Bulgaria, the Byelorussian SSR, the Lao Peo- determination in the question. Mexico and Spain ple’s Democratic Republic, Mongolia and the supported that position, as did Ecuador, which Ukrainian SSR. The German Democratic Repub- called the United Kingdom’s reasoning neo- lic said NATO practically took part in the conflict colonial, since it implied that any State could be as a military alliance, using the occasion for test- dismembered by the introduction of settlers, oc- ing the logistic and telecommunication links and cupation forces or missions. To do so, according the efficiency of its weapons systems and ocean to Madagascar, was analogous to allowing the Jew- warfare. ish settlers in the occupied Arab territories by their The United States called the USSR allegations votes to determine the territories’ sovereignty. against NATO a perversion of truth, an attempt to Similar views were expressed by several Latin score propaganda points from a tragic conflict and American countries, joined by Albania, Czechos- an insult to the parties and the Latin American lovakia and Equatorial Guinea. Tunisia stated that States. Albania, while critical of the NATO coun- the implementation of the principle of self- tries, charged that the USSR also tried to profit 1346 Trusteeship and decolonization from the conflict; the USSR pretended to be a Belgium: (l04)3 Apr., S/14949; (l05)13 Apr., S/14976. (106) (l07) (l08) defender of Argentine sovereignty, it said, but when Brazil: l May, S/15024; 19 May, S/15097; 24 May, S/15108. the British were bombarding the Falklands, the (l09) (l10) Colombia: 4 May, S/15045 (t); 26 May, S/15126. Soviets were bombarding Afghanistan. The Congo Costa Rica: (111)17 May, S/15090; (112)25 May, S/15116. said that the South Atlantic must not become like Cuba: (113)26 Apr., S/15003; (114)5 May, S/15048. its northern counterpart where rival military blocs Ireland: (115)3 May, S/15036; 4 May, (116)S/15037, (117) confronted each other. S/15044. Panama: (118)14 Apr., S/14978; (119)10 May, S/15068 (l); Suriname charged that the swiftness with which (120)21 May, S/15100; (l21)31 May, S/15145; (122)17 June, some countries supported the United Kingdom’s A/S-12/30. (l24) (125) military action prompted that country to seek a mili- Peru: (123)12 Apr., S/14966; 15 Apr., S/14981; 10 May, S/15071. tary solution. The Byelorussian SSR criticized as (126) (127) hypocrisy economic sanctions imposed on Argen- United Kingdom: l Ap r., S/14942; 2 Apr., S/14946; (128)9 Apr., S/14963; (129)ll Apr., S/14964; 13 Apr., (130) (131) (132) (133 tina by a group of Western European and other coun- S/14973, S/14974; 19 Apr., S/14987; )20 Apr., tries which, meanwhile declined to implement the S/14988; (134)24 Apr., S/14997; (135)26 Apr., S/15002; 28 arms embargo against South Africa called for by Apr., (136)S/15006, (137)S/15007; (l38)29 Apr., S/15010; 30 Apr., (139)S/15016 & Corr.1, (140)S/15017; (141)1 May, S/15625; the Security Council. (142) 2 May, S/15027; (143)3 May, S/15031; 4 May, Argentina said the debate showed Latin American (144)S/15040, (145)S/15041; (146)8 May, S/15058; (147)10 May, support for a peaceful settlement of the sovereignty S/15063: (148)13 May, S/15081: (149)14 May, S/15082; (l50)15 May, S/15084; (151)20 May, S/15098; (152)23 May, S/15104; dispute, while the United Kingdom sought to con- (L54) (155) (153)25 May, S/15119; 27 May , S/15134; 28 May, solidate a colonial situation; the United Kingdom S/15137; (156)31 May, S/15144; (l57)1 June S/15148, (158)ll asserted that, while Argentina stressed legalism and June, S/15198; (159)14 June, A/S-12/29; 17 (160)S/15231, sovereignty over land, it stressed natural law, fun- (161)S/15232 & Corr.1; (162)21 June, S/15246; (163)23 June, S/15249; (164)30 June, A/S-12/31; (165)22 July, S/15307; damental rights and the rights of the people. (167) (168) (166)13 Aug., A/37/389; 20 Au S/15369; 27 Aug., In a letter to the Secretary-General of 23 Decem- (169) (170) (l03) S/15378; 8 Oct., S/15452 28 Oct., A/37/582. ber, transmitted on 30 December, Argentina ac- Venezuela: (171)14 Apr., S/14979; (172)3 May, S/15030. cepted his renewed good offices mission and ex- Viet Nam: (173)12 May, A/37/225-S/15076; (174)13 May, pressed its readiness to settle what it called the A/37/226-S/15077. (175) sovereignty dispute. Others: OAS consultation meeting President: 28 Apr., S/15008. (176)S-G: 20 May, S/15099. (177)Argentina, Bolivia, (1) Draft resolutions (1982). Ireland, S/15106 (superseded). Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican (2)Japan, S/15112; and (3)Panama, S/14950 (not pressed). Republic, Ecuador. El Salvador, Guatemala, Haiti, Hon- (4) duras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uru- Panama and Spain, S/15156/Rev.2 (not adopted). (178) Letters, notes verbales (nv) and telegrams. (t). guay, Venezuela: 16 Aug., A/37/193. Argentina, OAS S-G: (5)16 Apr., S/15023; (6)21 Apr., S/15001 (t); (7)29 Nicaragua, Panama, Venezuela: 24 May, S/15111 (nv). (179)Austria: 11 May, S/15073. (180)Denmark: 7 Oct., May, S/15155 (t). (18l) (8) (9) (10) A/37/531. Denmark, Finland, Iceland, Norway, Argentina: l Apr., S/14940; 9 Apr., S/14961; 12 A pr., (l82) (11) (12) (l3) Sweden: 6 May, S/15052. Dominica: 5 Apr., S/14956 S/14968; 13 Apr ., S/14975; 16 Ap r., S/14984; 24 (183) (184) (14) (15 (t). Ecuador: 21 May, S/15123 (t), Japan: 26 Apr., Apr., S/14998; 25 Apr., S/14999; 28 Apr., S/15009; (185) (16) (17) (18) S/15000. Lao Peop le’s Democratic Republic: 17 May, 29 Apr., S/15014; 30 Apr., S/15021, S/15021; 1 May, (186 ) (19) (20) (21) (22) A/37/227-S/15088. Saint Vincent and the Grenadines: S/15022, S/15026; 2 May, S/15028; 3 May, (187) (23) (24) 6 May, S15050 (nv). Suriname: 24 May, C/15115. S/15032; 5 May, S/15046; 6 May, S/15049, (188) (189) (25)S/15053; 7 May, (26)S/15055, (27)S/15057; (28)8 May, USSR: 24 May, S/15105. Uruguay: 24 May, (29) (30) s/15110., S/15059; 9 May, S/15060, S/15061; 11 May, (l90) (31)S/15069, (32)S/15070; (33)12 May, S/15074; (34)13May, Reports. Committee on colonial countries, A/37/23/Rev.1; (35) (36) (37) (191)GA 4th Committee, A/37/592; (192)S-G, S/15151. S/15078; 15 May, S/15083, S/15085; 18 May, (193) (38) (39) Requests for hearing. A/C.4/37/9 & Add.l-4. S/15092; 21 May, S/15101; 22 May, S/15102, (l94) (40) (41) (42) Resolutions (1982). GA: 37/9, 4 Nov., text following. SC: S/15103; 25 May, S/15117; 26 May, S/15125, (195) (196) (43)S/15128, (44)S/15129; (45)27 May, S/15131; (46)28 May, 502(1982), 3 Apr., text following; 505(1982), 26 (47) (48) (49) May, text following. S/15136; 29 May S/15139, S/15140; 30 May, (197) (50) (51) (52) Resolutions (prior). GA: 3281 (XXIX), 12 Dec. 1974 (YUN S/15142; 31 May, S/15143, S/15146, S/15147; 2 June, (l98) (53)S/15152, (54)S/15153, (55)S/15154; 4 June, (56)S/15159, 1974. p. 403); 3314 (XXIX), annex, 14 Dec. 1974 (ibid., (57) (58) (59) S/l5160; 5 June, S/15169; 6 June, S/15172, (199) (200) (60) (61) (62) Statements President, S/14944, S/15047. S/l5173, S/15176; 7 June, S/15177; 8 June, (201) (63)S/15181, (64)S/15182; (65)9 June, S/15189; (66)10 June. Decision (1982). GA: 37/404, 3 Nov., text following. S/15192; 11 June, (67)S/15199, (68)S/15201; 12 June, Meeting records. SC: S/PV.2345, 2346, 2349, 2350, 2360, 2362- (69)S/5202, (70)S/15203, (7l)S/15204, (72)S/15205. 2364,2366,2368,2371-2373 (1-3 Apr. & 21 May-4 June). (73)S/15206, (74)S/15207; 13 June (75)/15212 76)S/5213; GA: General Committee, A/BUR/37/SR.2 (22 Sep.); ple- 14 June, (77)S/15214, (78)S/15215, (79)S/15217, (80)S/15218; nary, A/37/PV.4, 51, 52, 53, 54, 55 (24 Sep. & 2-4 Nov.); (81) (82) (83) 17 June, S/15228, S/15229, S/15230; 18 June, 4th Committee, A/C.4/37/SR.10-12 (29 Oct.-2 Nov.). (84)S/15234, (85)S/15237; (86)19 June, S/15241; (87)24 June, (88) (89) S/15253; 23 July, A/37/353; 26 July, A/37/362, General Assembly decision 37/404 (90) (91) (92) (93) S/15313; 13 Aug., S/15361; 24 Aug., S/15373; 27 Adopted without vote Aug., S/15377; (94)20 Sep., S/15409; (95)23 Sep., S/15427; (96)18 Oct., A/37/553 & Corr.1; (97)20 Oct., S/15464; 1 Nov., Oral proposal by President; agenda item 135. (98) (99) (100) (101) A/37/553/Add.l, S/15474, S/15475; 2 Nov., Question of the Falkland Islands (Malvinas) (l02) (l03) A/37/553/Add.2 (nv); 17 Nov., S/15496; 30 Dec., At its 52nd plenary meeting, on 3 November 1982, the General As- A/38/70. sembly took note of the report of the Fourth Committee. Other colonial Territories 1347
Security Council resolution 502(1982) Aware that the maintenance of colonial situations is incompatible 3 April 1982 Meeting 2350 10-1-4 with the United Nations ideal of universal peace, Recalling its resolutions 1514(XV) of 14 December 1960, 2065(XX) Draft by United Kingdom (S/14947/Rev.1). of 16 December 1965, 3160(XXVlll) of 14 December 1973 and 31/49 The Security Council, of 1 December 1976. Recalling the statement made by the President of the Security Coun- Recalling a/so Security Council resolutions 502(1982) of 3 April 1982 cil at the 2345th meeting of the Council on 1 April 1982 calling on the and 505(1982) of 26 May 1982. Governments of Argentina and the United Kingdom of Great Britain Taking into account the existence of a de facto cessation of hostili- and Northern Ireland to refrain from the use or threat of force in the ties in the South Atlantic and the expressed intention of the parties region of the Falkland Islands (Islas Malvinas), not to renew them, Deeply disturbed at reports of an invasion on 2 April 1982 by armed Reaffirming the need for the parties to take due account of the in- forces of Argentina, terests of the population of the Falkland Islands (Malvinas) in accor- Determining that there exists a breach of the peace in the region dance with the provisions of General Assembly resolutions 2065(XX) of the Falkland Islands (Islas Malvinas), and 3160(XXVlll). 1. Demands an immediate cessation of hostilities; Reaffirming a/so the principles of the Charter of the United Nations 2. Demands an immediate withdrawal of all Argentine forces from on the non-use of force or the threat of force in international relations the Falkland Islands (Islas Malvinas); and the peaceful settlement of international disputes, 3. Calls on the Governments of Argentina and the United King- 1. Requests the Governments of Argentina end the United King- dom of Great Britain and Northern Ireland to seek a diplomatic solu- dom of Great Britain and Northern Ireland to resume negotiations in tion to their differences and to respect fully the purposes and princi- order to find as soon as possible a peaceful solution to the sovereignty ples of the Charter of the United Nations. dispute relating to the question of the Falkland Islands (Malvinas); Vote in Council as follows: 2. Requests the Secretary-General. on the basis of the present reso- lution, to undertake a renewed mission of good offices in order to as- In favour: France, Guyana, Ireland. Japan, Jordan, Togo, Uganda, United King- sist the parties in complying with the request made in paragraph 1 dom, United States, Zaire. Against: Panama. above, and to take the necessary measures to that end; Abstaining: China, Poland, Spain, USSR. 3. Requests the Secretary-General to report to the General Assem- bly at its thirty-eighth session on the progress made in the implemen- Security Council resolution 505(1982) tation of the present resolution; 4. Decides to include in the provisional agenda of its thirty-eighth 26 May 1982 Meeting 2368 Adopted unanimously session the item entitled “Question of the Falkland Islands (Malvinas)”. 6-nation draft (s/15122). Recorded vote in Assembly as follows: Sponsors: Guyana. Ireland, Jordan, Togo, Uganda, Zaire. ln favour: Afghanistan, Albania, Algeria, Angola, Argentina, Austria, Benin, The Security Council, Bolivia, Botswana, Brazil, Bulgaria, Burundi, Byelorussian SSR, Cape Verde, Cen- Reaffirming its resolution 502(1982). tral African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cuba, Noting with the deepest concern that the situation in the region Cyprus, Czechoslovakia, Democratic Kampuchea, Democratic Yemen, Domini- of the Falkland Islands (Islas Malvinas) has seriously deteriorated, can Republic, Ecuador, El Salvador, Equatorial Guinea, Ethiopia, Gabon, Ger- man Democratic Republic, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea- Having heard the statement made by the Secretary-General at its Bissau, Haiti, Honduras Hungary, India, Indonesia, Iran, Iraq, Israel, Ivory Coast, 2360th meeting, on 21 May 1982, as well as the statements made in Japan, Lao People’s Democratic Republic, Liberia, Libyan Arab Jamahiriya, the debate by the representatives of Argentina and the United King- Madagascar, Malaysia, Mali, Malta, Mexico, Mongolia, Morocco, Mozambique, dom of Great Britain and Northern Ireland, Nicaragua, Nigeria, Pakistan, Panama, Paraguay, P&u, Philippines, bland, Roma- nia, Rwanda, Sao Tome and Principe, Spain, Suriname, Svrian Arab Republic, Concerned to achieve, as a matter of the greatest urgency, a cessa- a tion of hostilities and an end to the present conflict between the armed Togo, Tunisia, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tanzania, United States, Upper Volta, Uruguay, Venezuela, Viet Nam, forces of Argentina and the United Kingdom, Yemen, Yugoslavia, Zambia, Zimbabwe. 1. Expresses appreciation to the Secretary-General for the efforts Against: Antigua and Barbuda, Belize, Dominica, Fiji, Gambia, Malawi, New that he has already made to bring about an agreement between the Zealand, Oman, Papua New Guinea, Solomon Islands, Sri Lanka, United parties, to ensure the implementation of resolution 502(1982), and Kingdom. thereby to restore peace to the region; Abstaining: Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Bhu- 2. Requests the Secretary-General. on the basis of the present reso- tan, Burma, Canada, Chad, Denmark, Egypt, Finland, France, Germany, Fed- lution, to undertake a renewed mission of good offices, bearing in mind eral Republic of, Guyana, Iceland, Ireland, Italy, Jamaica, Jordan, Kenya, Kuwait, Lebanon, Lesotho, Luxembourg, Maldives, Mauritania, Mauritius, Nepal, Nether- resolution 502(1982) and the approach outlined in his statement of 21 lands, Niger, Norway, Portugal, Qatar, Saint Lucia, Saint Vincent and the Grena- May 1982; dines, Samoa, Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia, Sudan, 3. Urges the parties to the conflict to co-operate fully with the Swaziland, Sweden, Thailand, Trinidad and Tobago, Turkey, United Republic Secretary-General in his mission with a view to ending the present of Cameroon, Vanuatu, Zaire. hostilities in and around the Falkland Islands (Islas Malvinas): alater advised the Secretariat it had intended to abstain. 4. Requests the Secretary-General to enter into contact immedi- ately with the parties with a view to negotiating mutually acceptable terms for a cease-tire, including, if necesssary, arrangements for the dispatch of United Nations observers to monitor compliance with the East Timor question terms of the ceasefire; 5. Requests the Secretary-General to submit an interim report to the Security Council as soon as possible and, in any case, not later Action by the Committee on colonial coun- than seven days after the adoption of the present resolution. tries. In 1982, the question of East Timor was con- sidered at two meetings of the Special Committee General Assembly resolution 37/9 on the Situation with regard to the Implementa- 4 November 1982 Meeting 55 90-12-52 (recorded vote) tion of the Declaration on the Granting of In- 20-nation draft (A/37/L.3/Rev.1) agenda item 135. dependence to Colonial Countries and Peoples.(4) Sponsors: Argentina, Bollvia, Brazil, Chile, Colombia, Costa Rica, Cuba, Domini- On 1 July, the Committee granted a request for can Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela. a hearing to a representative of the Frente Revolu- Question of the Falkland Islands (Malvinas) cionária de Timor Leste Independente (FRETILIN) The General Assembly, and heard a statement in that connection by In- Having considered the question of the Falkland Islands (Malvinas), donesia. 1348 Trusteeship and decolonization
On 20 August, after hearing statements by Por- Whitlam, former Prime Minister of Australia. tugal, as the administering Power, Indonesia and Jacob Xavier, Movimento National para a Liber- FRETILIN, as well as by Cape Verde, Mozam- tacãe Independcncia de Timor-Díli, although his bique, Nicaragua, Sao Tome and Principe and request for a hearing had been granted, did not Zimbabwe, the Committee decided to continue appear before the Committee. consideration of the question in 1983, subject to The Chairman of the Fourth Committee any directives by the General Assembly. received live letters from Indonesia in October and Action by the Sub-Commission on discrimi- November(2) opposing the participation of’ these nation and minorities. On 8 September 1982,(8) petitioners in the Committee’s deliberations, and the Sub-Commission on Prevention of Discrimi- asserting that the colonial status of East Timor had nation and Protection of Minorities recommended been terminated with its integration into the that its parent body, the Commission on Human Republic of Indonesia on 17 July 1976; consider- Rights, reaffirm the right of the people of East ation of the question by the Committee would, Timor to self-determination, and call on Portu- therefore, constitute interference in the internal af- gal, Indonesia and the representatives of the East fairs of a sovereign State. Timorese people to co-operate with the United Portugal, in a note verbale dated 26 Febru- Nations with a view to guaranteeing that right. ary,(3) informed the Secretary-General that it had General Assembly action. On 23 November, nothing to add to the information it had supplied the General Assembly, by a recorded vote of 50 in 1979 in compliance with its obligation under to 46, with 50 abstentions, adopted a resolution the Charter of the United Nations to provide in- on the East Timor question.(7) Expressing con- formation each year on colonial Territories under cern at the humanitarian situation prevailing in its administration. the Territory, it requested the Secretary-General In a note verbale of 7 October addressed to the to explore with the parties directly concerned ways Secretary-General,(1) Indonesia criticized a 1982 to achieve a comprehensive settlement of the Secretariat working paper on East Timor as un- problem and to report at its 1983,session. It also balanced, tendentious and based on unsubstan- requested the Committee on colonial countries to tiated evidence. It objected to the impression keep the matter under consideration and called on created by the paper that the Territory was famine- United Nations organizations to assist the East stricken, subjected to major military operations Timorese people, in close consultation with Por- against civilians and the scene of widespread tugal, as the administering Power. The resolution human rights violations; and argued that, had was recommended by the Fourth Committee, hav- these allegations been true, they would have been ing been introduced by Portugal on behalf of 18 reported by the many United Nations and other sponsors and approved on 15 November by a agencies working in East Timor. recorded vote of 48 to 42, with 54 abstentions. Explaining its vote against the Assembly reso- In his 14 October report(5) regarding im- lution, Indonesia reiterated that the people of East plementation of the Assembly’s 1981 resolution on Timor had completed the decolonization process East Timor,(9) which had called on United Na- by exercising their right to self-determination and tions organizations to provide famine relief to the choosing integration with Indonesia. It added that Territory, the Secretary-General informed the As- the number of countries supporting Indonesia on sembly that the World Food Programme had the question had shown a steady increase, that the received no request for assistance as at 2 March; large number of abstentions indicated that an over- the United Nations Children’s Fund, on 8 June, whelming majority of States questioned the had submitted information on relevant activities. relevance of continued consideration of the item, During its debate, the Fourth Committee heard and that the time had come to view East Timor the following petitioners:(6) Lord Avebury, Chair- on the basis of facts and realism rather than of man, United Kingdom Parliamentary Human baseless accusations and wishful thinking.. Rights Group; Michael A. Chamberlain, East Also voting against the text, Australia said one Timor Human Rights Committee; Roger S. could not ignore the reality that the Territory had Clark, International League for Human Rights; become part of Indonesia and that the Timorese Thomas Hammarberg, Amnesty International; J. could better be served by donations of needed aid. A. Manusama; Gordon McIntosh, member of the Iraq voted against the draft because it mentioned Australian Senate Foreign Affairs and Defence resolutions which Iraq had not supported. Committee, but speaking as a private petitioner Among those abstaining, the Federal Republic sponsored by the Human Rights Council of Aus- of Germany and Italy considered it essential to tralia and the Australian Council for Overseas Aid; promote a dialogue between the Indonesian José Ramos-Horta, FRETILIN; Susanne Roff, Government and the other parties concerned in Minority Rights Group; Ernst Utrecht, Perma- order to overcome the remaining obstacles; they nent People’s Tribunal in Rome; and E. Gough saw as a positive element in the resolution the Other colonial Territories 1349
Taking note of resolution 1982/20 adopted on 8 September 1982 request for the use of the good offices of the by the Sub-Commission on Prevention of Discrimination and Protec- Secretary-General. While agreeing with the lat- tion of Minorities, ter point, Guatemala, which abstained in the Having heard the statement of the representative of Portugal, as the Fourth Committee but voted against in the Assem- administering Power, bly, observed that the veracity of the new facts Having heard the statement of the representative of Indonesia. Having heard the Statements of the representative of the Frente presented to the Committee could not currently Revolucionária de Timor Leste lndependente and of various petitioners, be ascertained. The United Kingdom, viewing the as well as of the representatives of non-governmental organizations, text as more constructive than in previous years, Bearing in mind that Portugal, the administering Power, has stated called on Indonesia and Portugal to settle the its full and solemn commitment to uphold the right of the people of East Timor to self-determination and independence, problem through diplomatic negotiations. Bearing in mind also its resolutions 3485(XXX) of 12 December 1975, Portugal said it co-sponsored the resolution on 31/53 of 1 December 1976, 32/34 of 28 November 1977, 33/39 of 13 the East Timor question for the first time because, December 1978,34/40 of 21 November 1979,35/27 of 11 November having been unable to fulfil its functions as ad- 1980 and 36/50 of 24 November 1981, Concerned at the humanitarian situation prevailing in the Territory ministering Power, it had to respond in that man- and believing that all efforts should be made by the international com- ner to the appeals made to it by the inhabitants munity to improve the living conditions of the people of East Timor of the Territory to safeguard their inalienable and to guarantee to them the effective enjoyment of their fundamen- rights on moral and constitutional grounds; it tal human tights, 1. Requests the Secretary-General to initiate consultations with all hoped the text, calling for a peaceful and parties directly concerned, with a view to exploring avenues for achiev- negotiated solution to the problem, would offer ing a comprehensive settlement of the problem and to report thereon real possibilities for the people of East Timor to to the General Assembly at its thirty-eighth session; exercise freely the right to decide their own future. 2. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Indepen- Rwanda said its affirmative vote demonstrated dence to Colonial Countries and Peoples to keep the situation in the its support for the principle of self-determination Territory under active consideration and to render all assistance to the and its opposition to the policies of fait accompli and Secretary-General with a view to facilitating the implementation of the present resolution; of might makes right. Vanuatu supported the reso- 3. Calls upon all specialized agencies and other organizations of lution as a matter of conscience; if it did not pro- the United Nations system, in particular the World Food Programme, test Indonesia’s actions in East Timor, it said, there the United Nations Children’s Fund and the Office of the United Na- would be no moral ground to condemn aggression tions High Commissioner for Refugees, immediately to assist, within their respective fields of competence, the people of East Timor, in close by other States. consultation with Portugal, as the administering Power; (1) Letters and notes verbales (nv). Indonesia:. 7 Oct., A/C.4/37/6 4. Decides to include in the provisional agenda of its thirty-eighth & Con.1 (nv); (2)14 Oct., A/C.4/37/8 & Add.1 (20 Oct.), session the item entitled “Question of East Timor’: (3) 2 (28 Oct.), 3 (1 Nov.) & 4 (8 Nov.). Portugal: 26 Feb., Recorded vote in Assembly es follows: A/37/113 (nv). (4) ln favour: Afghanistan, Albania, Algeria, Angola, Barbados Belize, Benin, Brazil, Reports. Committee on colonial countries, A//37/23/Rev.l; Burundi, Byelorussian SSR, Cape Verde, China, Congo, Cuba, Cyprus, (5) S-G, A/37/538. Democratic Yemen, Ethiopia, Ghana, Greece, Grenada, Guine-Bisssau, Guyana, (6) Request. for hearing. A/C.4/37/3 & Add.l-10. Iceland, Ireland, Kenya, Lao People’s Democratic Republic, Lesotho, Madagas- (7) Resolutions (1982). GA: 37/30, 23 Nov., text following. car, Malawi, Mali, Mauritius, Mexico, Mozambique, Nicaragua, Portugal, Rwanda, (8)SCPDPM (repo rt, E/CN.4/1983/4): 1982/20. 8 Sep. Sao Tome and Principe, Seychelles, Sierra Leone, Swaziland, Togo, Trinidad and (9) Tobago, Uganda, Ukrainian SSR, USSR, United Republic of Tanzania, Vanu- Resolution (prior). GA: 36/50, 24 Nov. 1981 (YUN 1981, atu, Viet Nam, Zambia, Zimbabwe, p. 1185). Against: Antigua and Barbuda, Argentina, Australia, Bahrain, Bangladesh, Meting records. GA: General Committee, A/BUR/37/SR.2 Canada, Chad, Chile, Democratic Kampuchea, Egypt, El Salvador, Fiji, Gambia, (22 Sep.); plenary, A/37/PV.4, 77 (24 Sep., 23 Nov.); 4th Guatemala, Honduras India, Indonesia, Iraq, Japan, Jordan, Kuwait, Liberia, Committee, A/C.4/37/SR.3, 5, 6, 8-11, 13-18, 19, 20-22, Malaysia, Maldives, Morocco, New Zealand, Oman, Pakistan, Papua New Guinea, 23 (15 Oct.-15 Nov.). Paraguay, Philippines, Qatar, Saint Lucia, Saudi Arabia, Singapore, Solomon Is- lands, Sudan, Suriname, Syrian Arab Republic, Thailand, Tunisia, Turkey, United Arab Emirates, United States, Uruguay, Yemen. General Assembly resolution 37/30 Abstaining: Austria, Bahamas, Belgium, Bhutan, Bolivia, Botswana, Burma, 23 November 1982 Meeting 77 50-46-50 (recorded vote) Central African Republic, Colombia, Costa Rica, Czechoslovakia, Denmark, Dominica, Dominic& Republic, Ecuador, Finland, France, Gabon, Germany, Fed- Approved by Fourth Committee (A/37/623) by recorded vote (48-42-54), 15 Novem- eral Republic of, Guinea, Haiti, Hungary, lsrael, Italy, Ivory Coast, Jamaica, Le- ber (meeting 23); 18-nation draft (A/C.4/37/L.8); agenda item 97. banon, Luxembourg, Mauritania, Nepal, Netherlands, Niger, Nigeria, Norway, Sponsors: Angola, Barbados, Belize, Benin, Brazil, Cape Verde, Grenada, Guinea- Panama, Peru, Poland, Romania, Samoa, Senegal, Somalia, Spain, Sri Lanka, Bissau, Malawi, Mozambique, Nicaragua, Portugal, Sao Tome and Principe, Sweden, United Kingdom, United Republic of Cameroon, Upper Volta, Seychelles, Swaziland, Trinidad and Tobago, Vanuatu, Zimbabwe, Venezuela, Yugoslavia, Zaire.
Question of East Timor The General Assembly, Recognizing the inalienable right of all peoples to self-determination Western Sahara question and independence in accordance with the principles of the Charter of the United Nations, the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in its resolution 1514(XV) The General Assembly, in November 1982, of 14 December 1960, and other relevant United Nations resolutions, reaffirmed its intention to co-operate with the Or- Having examined the chapter of the report of the Special Commit- ganization of African Unity (OAU) in organizing tee on the Situation with regard to the Implementation of the Declara- a referendum on self-determination for the peo- tion on the Granting of Independence to Colonial Countries and Peo- ples relating to East Timor and other relevant documents, ple of Western Sahara and appealed to Morocco Eking note of the report of the Secretary-General on the question and Frente Popular para la Liberatión de Saguia of East Timor, el-Hamra y de Rio de Oro (Frente POLISARIO) to 1350 Trusteeship and decolonization
negotiate a cease-fire. The Secretary-General said that the decision was contrary to agreements reported to the Assembly that no decision had reached at earlier OAU meetings, that it was a vio- been reached on the United Nations role in the lation of the OAU Charter and that Morocco there- conduct of the referendum. Morocco opposed a fore considered it null and void. role for the Organization and also objected to a In a letter dated 3 March,(8) Morocco informed decision by OAU to seat at one of its meetings in the United Nations Secretary-General that 19 States February the Saharan Arab Democratic Repub- (Central African Republic, Comoros, Djibouti, lic, established in 1976 and backed by POLISARIO. Equatorial Guinea, Gabon, Gambia, Guinea, Ivory Co-operation with OAU. In November 1982, Coast, Liberia, Mauritius, Morocco, Niger, Senegal, the Secretary-General submitted to the General Somalia, Sudan, Tunisia, United Republic of Came- Assembly a report on Western Sahara,(12) pur- roon, Upper Volta, Zaire) had withdrawn in pro- (17) suant to the Assembly’s 1981 resolution and test from the February OAU meeting at Addis (4) decision requesting him to co-operate with OAU Ababa. Appended to the letter was the text of a. mes- in organizing a referendum in the Territory. He sage from the Secretary for Foreign Affairs of Zaire, informed the Assembly that a United Nations on behalf of the 19 States, to the Chairman of that team had travelled to Nairobi, Kenya, in early meeting protesting that the Council had continued February 1982 at the invitation of the O AU its work in the absence of a quorum and saying that Secretary-General, for consultations with the OAU the decisions taken were considered null and void. Ministerial Consultative Committee on technical In a note verbale dated 1 April,(10) the United questions relating to the proposed cease-fire and Republic of Cameroon transmitted to the United referendum. That Committee, composed of the Nations Secretariat a statement saying that the As- Ministers for Foreign Affairs of Guinea, Kenya, sembly of Heads of State and Government, the Mali, Nigeria, Sierra Leone, the Sudan and the highest body of OAU, had the exclusive competence United Republic of Tanzania, met on 6 and 7 to decide on the question of admission of the Sa- February to discuss these issues as well as the role haran Arab Democratic Republic. of the United Nations in the process. Morocco, by a letter dated 4 November,(9) trans- The Consultative Committee referred three mitted to the Secretary-General a note charging documents to the OAU Implementation Commit- that the OAU Secretary-General had taken it upon tee on Western Sahara, which met at Nairobi on himself to invite the so-called Republic to partici- 8 and 9 February and took decisions on two of pate as a member State in the February meeting, them, leaving undecided the question of the and then omitted transmitting to the United Na- United Nations role. By the first of these, a cease- tions Secretariat the text of the decision of the Im- fire would come into force on a date to be fixed plementation Committee concerning a referendum by the Implementation Committee after consul- in Western Sahara, in order to sabotage the Com- tation with the parties concerned, a peace-keeping mittee’s action. However, a 4 November addendum force would be stationed in the Territory, and to the Secretary-General’s report on Western Sa- troops would be withdrawn and prisoners of war hara carried the text of that decision as transmit- exchanged. By the second, an Interim Adminis- ted to the United Nations on 2 November by the tration would be set up to organize the referen- OAU Executive Secretary. dum and a Commissioner would be appointed to Action by the Commission on Human Rights. carry out the preparatory work for it. By a resolution of 25 February on the right of peoples By a letter dated 23 February to the Secretary- to self-determination and its application to peoples General,(7) Morocco transmitted the texts of three under colonial or alien domination or foreign oc- (14) letters it had sent that day to OAU officials, pro- cupation, the Commission on Human Rights testing the OAU recognition of the Saharan Arab welcomed OAU and United Nations decisions to or- Democratic Republic as that body’s new member. ganize a referendum in Western Sahara and urged By the first, addressed to the OAU Chairman, Morocco and POLISARIO to negotiate a cease-fire. King Hassan II called a fatal blow to the credibil- Action by the Committee on colonial coun- ity of OAU its decision allowing participation of tries. The question of Western Sahara was consi- that so-called Republic as a constituent member dered by the Committee on colonial countries on in the thirty-eighth session of the Council of 1 July and 20 August.(11) At its August meeting, Ministers being held at Addis Ababa, Ethiopia. it heard statements by Cuba, Iran, Nicaragua and In a letter to the OAU Secretary-General, the King‘ Zimbabwe and by a representative of POLISARIO described as an abuse of power the recognition before deciding, without objection, to continue given by one of the administrative units of OAU consideration of the question in 1983, subject to to that so-called Republic as a new member and any directives of the General Assembly. asked that the measure be revoked. Morocco’s General Assembly action. On 23 November Minister of State for Foreign Affairs, in a letter 1982,(15) the General Assembly reaffirmed the to the Chairman of the OAU Council of Ministers, right of the people of Western Sahara to sel-deter- Other colonial Territories 1351 mination and independence and welcomed the In a related action, the Assembly, in its 3 De- OAU efforts to promote a just and definitive solu- cember resolution on the self-determination of (16) tion to the question. The Assembly expressed its peoples, noted with satisfaction the OAU reso- conviction that only negotiation between Morocco lution establishing the Implementation Commit- and POLISARIO could guarantee the fair conduct tee and the decisions of the Committee to conduct of a referendum on self-determination in the Ter- a referendum in Western Sahara, and welcomed ritory and appealed to these two parties to negoti- the willingness of the United Nations to col- ate a cease-fire. laborate with OAU in the process. Reaffirming the United Nations determination Morocco, which voted against the resolution of to co-operate with OAU in organizing the referen- 23 November, said the United Nations initiatives dum, the Assembly requested the Secretary- could only be detrimental to the process of peace- General to ensure effective participation of the ful settlement being pursued by OAU. The word- United Nations in that endeavour and to report ing of the resolution whose sponsors included Al- to the Assembly and the Security Council on the geria, Morocco said, was not consistent with the subject and on the measures requiring a Council African consensus as it prejudged who was to decision. The Secretary-General was urged to co- benefit from the referendum, and paragraphs 3 operate with the OAU Secretary-General in im- and 4, calling for a cease-fire to be negotiated be- plementing the pertinent OAU decisions and the tween Morocco and the POLISARIO, violated the 1982 Assembly resolution. The Assembly re- OAU decisions by imposing conditions which its quested the Committee on colonial countries to Implementation Committee had never endorsed. give priority to the Western Sahara question and Chile also cast a negative vote, stating that the to report in 1983. draft was not in line with the OAU appeal to the The Assembly adopted the resolution, by a parties concerned and that the solution to the dis- recorded vote of 78 to 15, with 50 abstentions, on pute lay in the self-determination of the people of the recommendation of the Fourth Committee, Western Sahara. which had approved the text on 12 November by Austria, which abstained in the Committee, but a recorded vote of 74 to 12, with 55 abstentions. voted in favour in the Assembly, said it supported The draft was introduced by Mexico and spon- the OAU efforts and felt that a peaceful settlement sored by 37 States. could be brought about only through negotiations Also on 23 November, the Assembly, by a deci- involving all parties concerned. sion(3) adopted without vote, requested the Among others abstaining, Jordan said that in Secretary-General to assist the OAU Implementa- the Western Sahara question the principle of self- tion Committee in the discharge of its mandate determination was being abused while well-defined on Western Sahara and to report to the Assembly national interests were at play, undermining the and the Security Council as appropriate. very existence of OAU. The role of the United Na- Introduced by Kenya as current OAU Chair- tions was to create a climate conducive to the ces- man, the draft decision had been approved by the sation of hostilities, Maldives commented, and the Fourth Committee without objection on 12 draft was unlikely to serve that purpose. Norway November, when an earlier text was withdrawn. did not want adoption of a text that might impair The 14-nation draft,(5) introduced by Senegal, the peace process envisaged by OAU. Somalia was essentially the same in content as the Kenyan thought it preferable to leave it to the OAU Im- text, except that the former specified the role of plementation Committee to continue the process the Implementation Committee as that of that had been started. The Sudan said it had ab- monitoring the establishment of a cease-fire and stained in order to remain impartial as a member the organization of a referendum. As the 14-nation of the Implementation Committee. text was withdrawn, no action was taken on the Argentina and Fiji voted in favour of the reso- proposed amendments thereto by 16 States (to lution and joined the consensus on the decision specify the referendum as that on self- because they backed OAU efforts in support of self- determination for the people of Western Sahara, determination for the people of Western Sahara. and to add reference to the statements made by Finland and Sweden also supported both texts, POLISARIO),(2) on a revision by the original 14 although they would have preferred to vote on one States (to add reference to the decisions adopted text rather than two; Finland did not believe the by the Implementation Committee at Nairobi in resolution reflected the OAU spirit of Nairobi, and August 1981 and February 1982),(6) and on fur- Sweden regretted that it did not reflect in detail ther amendments proposed by 24 States (to add some important elements of the OAU decisions. reference to statements made by POLISARIO, and Supporting the consensus decision, Denmark, to specify the task of the Implementation Com- on behalf of the members of the European Com- mittee as that of organizing and conducting a munity (EC), pointed out that EC had welcomed referendum on self-determination).(1) the OAU decision to seek a referendum in Western 1352 Trusteeship and decolonization
Sahara because it paved the way for a peaceful so- Charter of the United Nations and in General Assembly resolution 1514.(XV) of 14 December 1960, containing the Declaration on the Grant- lution. Somalia welcomed the consensus decision. ing of Independence to Colonial Countries and Peoples, During its debate, the Fourth Committee Recalling its resolutions 35/19 of 11 November 1980 and 36/46 of granted a request for a hearing by a petitioner 24 November 1981 on the question of Western Sahara, from POLISAR10,(13) having heard Morocco object Having considered the relevant chapter of the report of the Special Committee on the Situation with regard to the Implementation of the on the ground that OAU had already found a Declaration on the Granting of Independence to Colonial Countries and process for settlement of the question which was Peoples, no longer one of decolonization. The POLISARIO Having heard the Statements made on the question of Western Sa- representative told the Committee that, despite hara, in particular the statement of the representative of the Frente Popu- lar para la Liberación de Saguia el-Hemra y de Río de Oro. Morocco’s attempt to annex the Territory with the Recalling its resolution 36/80 of 9 December 1981 on co-operation support of the United States, the Saharan Arab between the United Nations and the Organization of African Unity, Democratic Republic exercised effective Recalling all the decisions of the Organization of African Unity on sovereignty over virtually all of Western Sahara, the question of Western Sahara, Recalling a/so the decision of the Assembly of Heads of State and that its admission to OAU testified to its support Government of the Organization of African Unity at its eighteenth or- among a majority of African nations and that he dinary session, held at Nairobi from 24 to 27 June 1981, to organize welcomed United Nations consideration of what throughout the Territory of Western Sahara a general and free referen- he called a purely colonial question. dum on self-determination, (1) Taking note of the various decisions adopted by the Implementa- Amendments not acted upon. Afghanistan, Algeria, Angola, tion Committee on Western Sahara of the Organization of African Unity Benin, Burundi, Cape Verde, Congo, Cuba, Cyprus, concerning the establishment of appropriate machinery to enable the Democratic Yemen, Guinea-Bissau, Iran, Lao People’s people of Western Sahara to express themselves freely and democrat- Democratic Republic, Madagascar, Mali, Mauritania, ically on their future, Mauritius, Mozambique, Nicaragua, Rwanda, Sao Tome 1. Reaffirms the inalienable right of the people of Western Sahara and Principe, Vanuatu, Viet Nam, Zimbabwe, to self-determination and independence in accordance with the Charter A/C.4/37/L.13 (to 14-nation revised draft, (2) of the United Nations, the Charter of the Organization of African Unity A/C.4/37/L.5/Rev.l); Algeria, Benin. Burundi, Cape and the objectives of General Assembly resolution 1514(XV). as well Verde, Cuba, Cyprus, Democratic Yemen, Guinea-Bissau, as with the relevant resolutions of the Assembly end the Organization Madagascar, Mauritania, Mauritius, Mozambique, of African Unity; Nicaragua, Rwanda, Sao Tome and Principe, Zimbabwe, 2. Welcomes the efforts of the Organization of African Unity with A/C.4/37/L.12 (to 14-nation draft, A/C.4/37/L.5). (3) a view to promoting a just end definitive solution to the question of Decision (1982). GA: 37/4ll, 23 Nov., text following. Western Sahara; (4) Decision (prior). GA: 36/406, 24 Nov. 1981 (YUN 1981, 3. Remains convinced that only negotiation between Morocco and p. 1197). the Frente Popular para la Liberacion de Saguia el-Hamra y de Rio de Draft decisions withdrawn. Chad, Comoros, Equatorial Guinea, Oro could create the objective conditions for the return of peace in Gabon, Gambia, Guinea, Ivory Coast, Liberia, Morocco, north-west Africa and would guarantee the fair conduct of a general, Niger, Senegal, United Republic of Cameroon, Upper free and orderly referendum on self-determination in Western Sahara; Volta, Zaire, (5)A/C.4/37/L.5, (6)A/C.4/37/L.5/Rev.l. (7) (8) 4. Appeals, to that end, to the two parties to the dispute, Morocco Letters and note verbale (nv). Morocco: 23 Feb., A/37/99; 3 (9) (10) and the Frente Popular pera la Liberación de Saguia el-Hamray de Rio Mar., A/37/107; 4 Nov., A/37/602. United Repub- de Oro, to enter into negotiations with a view to achieving a cease-fire lic of Cameroon: 1 Apr., A/37/167 (nv). (11) in accordance with General Assembly resolution 36/46 and the deci- Reports. Committee on colonial countries, A/37/23/Revl; sions of the Organization of African Unity; (12)S-G, A/37/570/Rev.2 & Rev.2/Corr.1. (13) 5. Reaffirms the determination of the United Nations to co-operate Requests for hearing. A/C.4/37/2 & Add.1 & Add.l/Corr.l. (14) fully with the Organization of African Unity in the fair and impartial Resolutions (1982). Commission on Human Rights organization of the referendum; (report, E/1982/12): 1982/15, 25 Feb. GA: (15)37/28, 23 6. Requests, to that end, the Secretary-General to take the neces- Nov., text following; (16)37/43, para. 4, 3 Dec. (17) sary steps to ensure that the United Nations participates effectively Resolution (prior). GA: 36/46, 24 Nov. 1981 (YUN 1981, in the organization and conduct of the referendum and to report to p. 1196). the General Assembly end the Security Council on this subject and Financial implications. 5th Committee report, A/37/637; S- on the measures requiring a decision by the Council; G statements, A/C.4/37/L.9, A/C.5/37/46. 7. Urges the Secretary-General to co-operate closely with the Meeting records. GA: 4th Committee, A/C.4/37/SR.3, 9-15, 17, Secretary-General of the Organization of African Unity with a view to 18, 19, 20, 21, 22, 23 (15 Oct.-15 Nov.); 5th Committee, the implementation of the pertinent decisions of the Organization of A/C.5/37/SR.41 (22 Nov.); plenary, A/37/PV.74-76, 77 (‘22, African Unity end of the present resolution; 23 Nov.). 6. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Indepen- General Assembly resolution 37/28 dence to Colonial Countries end Peoples to continue to consider the 23 November 1982 Meeting 77 78-15-50 (recorded vote) situation in Western Sahara as a matter of priority and to report thereon Approved by Fourth Committee (A/37/621) by recorded vote (74-12-55), 12 Novem- to the General Assembly at its thirty-eighth session. ber (meeting 221: 37-nation draft (A/C.4/37/L.6/Rev.l1; agenda item 18. Recorded vote in Assembly as follows: Sponsors: Afghanistan, Algeria, Angola, Belize, Benin, Botswana, Burundi, Cape In favour: Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Ar- Verde, Congo, Cuba, Cyprus, Democratic Yemen, Ethiopia, Grenada, Guinea- gentina, Australia, Austria, Bahamas, Barbados, Belize, Benin, Bhutan, Bolivia, Bissau, Guvana, Iran, Jamaica, Lao People's Democratic Republic, Lesotho, Libyan Botswana, Brazil, Bulgaria, Burundi, Byelorussian SSR, Cape Verde, Colombia, Arab Jamahiriya, Madagascar, Mali, Mauritania, Mexico, Mozambique, Nicaragua, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Democratic Yemen, Domin- Panama, Rwanda, Sao Tome and Principe, Seychelles, Uganda, Vanuatu, Viet ica, Ecuador, Ethiopia, Fiji, Finland, German Democratic Republic, Ghana, Greece, Nam, Yugoslavia, Zambia, Zimbabwe. Grenada, Guinea, Guyana, Hungary, India, Iran, Jamaica, Lao People's Question of Western Sahara Democratic Republic, Lesotho, Libyan Arab Jamahiriya, Madagascar, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia, Mozambique, Nicaragua, Panama, Peru, The General Assembly, Poland, Rwanda, Saint Lucia, Sao Tome and Principe, Seychelles, Sierra Leone, Having considered in depth the question of Western Sahara, Sri Lanka, Suriname, Swaziland, Sweden, Syrian Arab Republic, Trinidad and Recalling the inalienable right of all peoples to self-determination Tobago, Uganda, Ukrainian SSR, USSR, United Republic of Tanazania, Vanu- and independence in accordance with the principles set forth in the atu, Venezuela, Viet Nam, Yugoslavia, Zambia, Zimbabwe. Other colonial Territories 1353
Against: Chad, Chile, El Salvador, Gabon, Gambia, Guatemala, Guinea, Hon- draft originated in the Committee on colonial duras Liberia, Morocco, Senegal, Solomon Islands, United States, Upper Volta, Zaire. countries, which had approved it on 16 Septem- Abstaining: Bahrain, Bangladesh, Belgium, Burma, Canada, Central African ber, following its approval on 5 August of the con- Republic, Democratic Kampuchea, Denmark, Djibouti, Dominican Republic, Egypt, France, Germany, Federal Republic of, Iceland, Indonesia, Ireland, Israel, clusions and recommendations of its Sub- Italy, Japan, Jordan, Kenya, Lebanon, Luxembourg, Malawi,a Malaysia, Maldives, Committee on Small Territories.(‘) Nepal, Netherlands New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Papua (1) New Guinea, Paraguav, Philippines, Portugal, Qatar, Samoa, Somalia, Spain, Report. Committee on colonial countries, A/37/23/Rev.l. (2) Sudan, Thailand, Tunisia, Turkey, United Kingdom, United Republic of Came- Resolution (1982). GA: 37/20, 23 Nov., text following. roon, Uruguay, Yemen.” Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- aLater advised the Secretariat it had intended to vote in favour. 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77 (22, b Later advised the Secretariat it had intended not to participate in the vote. 23 Nov.).
General Assembly decision 37/411 General Assembly resolution 37/20 Adopted without vote 23 November 1982 Meeting 77 Adopted without vote Approved by Fourth Committee (A/37/621) without objection, 12 November (meeting Approved by Fourth Committee (A/37/621) without objection, 15 November (meeting 221; draft by Kenya (A1C.4/37/L.14); agenda item 18. 231; draft by Committee on colonial countries (A/37/23/Rev.1); agenda item 18 Question of Western Sahara Question of American Samoa At its 77th plenary meeting, on 23 November 1982, the General As- The General Assembly, sembly, on the recommendation of the Fourth Committee. recalling Having considered the question of American Samoa, its decision 36/406 of 24 November 1981 and taking into account the Having examined the relevant chapters of the report of the Special resolution adopted by the Assembly of Heads of State and Govern- Committee on the Situation with regard to the Implementation of the ment of the Organization of African Unity at its eighteenth ordinary Declaration on the Granting of independence to Colonial Countries and session, held at Nairobi from 24 to 27 June 1981, by which it decided, Peoples, infer alia to establish an Implementation Committee on Western Sa- Recalling its resolution 1514(XV) of 14 December 1960, containing hara, as well as the decisions adopted by the Implementation Com- the Declaration on the Granting of Independence to Colonial Coun- mittee, decided to request the Secretary-General to give assistance, tries and Peoples, and all other resolutions and decisions of the United in consultation and co-operation with the Organization of African Unity, Nations relating to American Samoa, to the Implementation Committee in the discharge of its mandate relat- Taking into account the Statement of the representative of the ad- ing to the question of Western Sahara arising from the above- ministering Power, mentioned resolution and decisions and to report there on to the General Conscious of the need to promote progress towards the full im- Assembly and the Security Council, as appropriate. plementation of the Declaration in respect of American Samoa, Noting with appreciation the continued active participation of the administering Power in the work of the Special Committee in regard to American Samoa, thereby enabling it to conduct a more informed Other Territories and meaningful examination of the situation in the Territory. with a view to accelerating the process of decolonization for the purpose of the full implementation of the Declaration, American Samoa Considering that it remains the obligation of the administering Power to carry out a thorough programme of political education so as to en- On 23 November 1982, the General Assembly (2) sure that the people of American Samoa are made fully aware of their adopted without vote a resolution by which it inalienable right to self-determination and independence in accordance reaffirmed the inalienable right of American Sa- with General Assembly resolution 1514(XV). moans to self-determination and independence, Noting with interest that the Office of Economic Development and Planning of the Government of American Samoa is now implement- and called on the United States, as the administer- ing a five-year economic development plan, focusing on economic ing Power, to keep the people fully informed of that diversification, land use, housing, banking and tourism, for the benefit right and to expedite the process of decoloniza- of the people of the Territory, tion of the Territory. Aware of the special circumstances of the geographical location and economic conditions of American Samoa and stressing the necessity Reaffirming the responsibility of the administer- of diversifying the economy of the Territory as a matter of priority in ing Power for the economic and social development order to reduce its dependence on fluctuating economic activities, of the Territory, the Assembly asked it to continue Mindful that United Nations visiting missions provide an effective to help strengthen and diversify the Samoan econ- means of ascertaining the situation in the small Territories and express ing its satisfaction at the willingness of the administering Power to omy in order that the Territory might achieve self- receive visiting missions in the Territories under its administration, sufficiency. The Assembly also recommended Welcoming the tact that American Samoa was the host for the 1982 changes in the Territory’s judicial system, urged South Pacific Conference of the South Pacific Commission, closer relations with neighbouring communities in 1. Approves the chapter of the report of the Special Committee order to enhance economic welfare, and called for on the Situation with regard to the Implementation of the Declaration on the Granting of independence to Colonial Countries and Peoples the safeguarding of the Territory’s natural relating to American Samoa; resources. In so doing, the Assembly approved the 2. Reaffirms the inalienable right of the people of American Samoa relevant chapter of the report of the Committee to self-determination and independence in conformity with the Decla- on colonial countries, requested the Committee to ration on the Granting of Independence to Colonial Countries and Peo- ples, contained in General Assembly resolution 1514(XV); continue to examine the question and to report in 3. Reiterates the view that such factors as territorial size, geographi- 1983, and decided to keep under review the pos- cal location, size of population end limited natural resources should sibility of sending a visiting mission to the Ter- in no way delay the speedy implementation of the Declaration con- ritory. tained in General Assembly resolution 1514(XV), which fully applies to American Samoa; The resolution was approved without objection 4. Cells upon the Government of the United States of America, by the Fourth Committee on 15 November. The as the administering Power, to take all necessary steps, taking into 1354 Trusteeship and decolonization
account the freely expressed wishes of the people of American Samoa, adopted without vote a resolution(2) stating that to expedite the process of decolonization of the Territory in accordance with the relevant provisions of the Charter of the United Nations and it was ultimately for Bermudians themselves to de- the Declaration; cide their future political status. By so doing, it 5. Reaffirms that it is the responsibility of the administering Power reiterated that the administering Power, the United to ensure that the people of American Samoa are kept fully informed Kingdom, should foster an awareness among Ber- of their inalienable right to self-determination and independence in ac- cordance with General Assembly resolution 1514(XV); mudians of the possibilities open to them in the 6. Recommends that, in accordance with the wishes of the peo- exercise of that right. ple of American Samoa, the Chief Justice and Associate Justices should The Assembly called on the administering be appointed by the Governor and approved by the Legislature a procedure Power to receive a visiting mission in the Terri- now facilitated by the growing number of American Samoans who are qualified lawyers, and that the recommendation of the second temporary tory, and urged it to comply with United Nations Political Status Commission for a change in the judicial system should resolutions relating to military bases in colonial be acted upon; Territories and to guarantee the right of Bermu- 7. Reaffirms the responsibility of the administering Power, under dians to dispose of their natural resources. It the Charter, for the economic and social development of the Territory: 8. Calls upon the administering Power, in cooperation with the territorial reaffirmed the need to foster national unity and Government and within the framework of the five-year economic de- a national identity, welcomed the local authorities velopment plan, to continue to help to strengthen and diversify the econ- efforts to establish a human rights commission and omy of the Territory in order to achieve self-sufficiency; called for greater localization of the public serv- 9. Urges the administering Power to continue to facilitate close re- lations and co-operation between the people of the Territory and the ice. Urging diversification of the economy, the As- neighbouring island communities and the regional institutions in order sembly called on United Nations organizations to to enhance further their economic welfare; pay special attention to Bermuda’s development 10. Urges the administering Power, in co-operation with the freely needs, and requested the Committee on colonial elected representatives of American Samoa, to safeguard the inaliena- ble right of the people of the Territory to the enjoyment of their natural countries to continue examining the situation in resources by taking effective measures to ensure their right to own and the Territory and to report in 1983. dispose of those resources and to establish and maintain control of their The resolution was approved without objection future development; by the Fourth Committee on 15 November. The 11. Considers that the possibility of sending a further visiting mis- sion to American Samoa at an appropriate time should be kept under draft originated in the Committee on colonial coun- review; tries which approved it on 16 September, based on 12. Requests the Special Committee to continue the examination the report of its Sub-Committee on Small Terri- of this question at its next session, including the possible dispatch of tories which the Committee adopted on 5 August.(1) a further visiting mission to American Samoa at an appropriate time (1) and in consultation with the administering Power, and to report thereon Report. Committee on colonial countries. A/37/23/Rev..l. (2) to the General Assembly at its thirty-eighth session. Resolution (1982). G.A: 37/22, 23 Nov., text following. Meeting records GA: 4th Committee. A/C.4/37/SR.9-15, 17- Anguilla 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.4-76, 77(22, 23 Nov.). The Committee on colonial countries decided without objection on 20 August 1982 to consider General Assembly resolution 37/22 the question of Anguilla at its 1983 session, sub- 23 November 1982 Meeting 77 Adopted without vote (2) ject to any directives by the General Assembly. Approved by Fourth Committee (A/37/621) without objection, 15 November (meeting On the recommendation of the Fourth Commit- 23); draft by Committee on colonial countries (A/37/23/Rev.1) agenda item 18. tee, as orally proposed by its Chairman and ap- Question of Bermuda proved without vote on 15 November, the Assem- The General Assembly, bly decided without vote on 23 November(1) to defer Having considered the question of Bermuda, Having examined the relevant chapters of the report of the Special consideration of the question until 1983. Committee on the Situation with regard to the Implementation of the Decision (1982). (1)GA: 37/419, 23 Nov.. text following. Declaration on the Granting of Independence to Colonial Countries and Report. (2)Committee on colonial countries, A/37/23/Rev.1. Peoples, Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- Recalling its resolution 1514(XV) of 14 December 1960, containing 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77 (22. the Declaration on the Granting of Independence to Colonial Coun- 23 Nov.). tries and Peoples, and all other resolutions and decisions of the United Nations relating to Bermuda, General Assembly decision 37/419 Taking info account the statement of the representative of the ad- Adopted without vote ministering Power, in which he said that his Government would fully respect the wishes of the people of Bermuda in determining the fu- Approved by Fourth Committee (A/37/621) without vote, 15 November (meeting 231: ture constitutional status of the Territory, oral proposal by Chairman; agenda item 18. Conscious of the need to ensure the full and speedy implementa- Question of Anguilla tion of the Declaration in respect of the Territory, At its 77th plenary meeting, on 23 November 1982, the General As- Noting with appreciation the continued active participation of the sembly, on the recommendation of the Fourth Committee, decided to administering Power in the work of the Special Committee in regard defer until its thirty-eighth session consideration of the question of Anguilla. to Bermuda. thereby enabling it to conduct a more informed and meaningful examination of the situation in the Territory, with a view Bermuda to accelerating the process of decolonization for the purpose of the full implementation of the Declaration, The General Assembly reaffirmed the inalienable Recalling all relevant resolutions of the United Nations relating to right of the people of Bermuda to self-determination military bases and installations in colonial and Non-Self-Governing Ter- and independence on 23 November 1982. when it ritories, Other colonial Territories 1355
Noting that the economy of the Territory continues to depend heav- a visiting mission to Bermuda at an appropriate time and in consulta- ily on tourism and international company business, tion with the administering Power, and to report thereon to the General Aware of the special circumstances of the geographical location and Assembly at its thirty-eighth session. economic conditions of the Territory and bearing in mind the neces- sity of diversifying and strengthening further its economy as a matter British Virgin Islands of priority in order to promote economic stability, Mindful that United Nations visiting missions provide an effective The General Assembly adopted without vote on (2) means of ascertaining the situation in the small Territories, acquiring 23 November 1982 a resolution reaffirming the adequate first-hand information on the situation prevailing in those Ter- inalienable right of the people of the British Vir- ritories and ascertaining the views of the peoples concerning their fu- gin Islands to self-determination and indepen- ture political status, 1. Approves the chapter of the report of the Special Committee dence. It stressed the importance of fostering an on the Situation with regard to the Implementation of the Declaration awareness among the people of the Territory of the on the Granting of Independence to Colonial Countries and Peoples possibilities open to them in the exercise of that relating to Bermuda; right and stated that it was ultimately for them to 2. Reaffirms the inalienable right of the people of Bermuda to self- determination and independence in conformity with the Declaration decide their future political status. on the Granting of Independence to Colonial Countries and Peoples, The Assembly called on the United Kingdom, contained in General Assembly resolution 1514(XV); as the administering Power, to safeguard the right 3. Reiterates the view that such factors as territorial size, geographi- of the people to own and dispose of the Territory’s cal location, size of population and limited natural resources should in no way delay the speedy exercise by the people of the Territory of natural resources and to intensify efforts at eco- their inalienable right as set out in the Declaration contained in General nomic diversification. Further, it urged United Na- Assembly resolution 1514(XV), which fully applies to Bermuda; tions organizations to accelerate progress in the 4. Urges the administering Power, taking into account the freely Territory’s social and economic sectors, decided to expressed will and desire of the people of Bermuda, to continue to take all necessary steps to ensure the full and speedy implementation keep under review the possibility of sending a visit- of General Assembly resolution 1514(XV); ing mission to the Territory, and requested the 5. Reiterates that it is the obligation of the administering Power Committee on colonial countries to continue ex- to create such conditions in the Territory as will enable the people of amining the situation there and to report in 1983. Bermuda to exercise freely and without interference their inalienable right to self-determination and independence in accordance with The Fourth Committee approved the text General Assembly resolution 1514(XV) and, in that connection, reaffirms without objection on 15 November. The draft the importance of fostering an awareness among the people of Ber- originated in the Committee on colonial countries muda of the possibilities open to them in the exercise of that right; which approved it on 16 September, based on the 6. Reaffirms that, in accordance with the relevant provisions of the report of its Sub-Committee on Small Territories Charter of the United Nations and the Declaration contained in General (1) Assembly resolution 1514(XV), it is ultimately for the people of Ber- which the Committee adopted on 28 June. muda themselves to decide on their future political status; Report. (1)Committee on colonial countries, A/37/23/Rev.1. 7. Reaffirms the importance of the need to foster national unity and Resolution (1982). (2)GA: 37/23, 23 Nov., text following. a national identity and, in that regard, welcomes the steps taken by the Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15. 17 - local authorities towards the establishment of a human rights commission; 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77 (22, 8. Reaffirms its strong conviction that the administering Power 23 Nov.). must ensure that military bases and installations do not hinder the popu- lation of the Territory from exercising its right to self-determination and General Assembly resolution 37/23 independence in conformity with the purposes and principles of the 23 November 1982 Meeting 77 Adopted without vote Charter and urges the administering Power to take all necessary meas- ures to comply fully with the relevant resolutions of the United Na- Approved by Fourth Committee (A/37/621) without objection, 15 November (meeting tions relating to military bases and installations in colonial and Non- 23): draft by Committee on colonial countries (A/37/23/Rev.1); agenda item 18. Self-Governing Territories; Question of the British Virgin Islands 9. Urges once again the administering Power, in co-operation with The General Assembly. the territorial Government, to continue to take all effective measures Having considered the question of the British Virgin Islands, to guarantee the right of the people of Bermuda to own and dispose Having examined the relevant chapters of the report of the Special of their natural resources and to establish and maintain control of their Committee on the Situation with regard to the Implementation of the future development; Declaration on the Granting of Independence to Colonial Countries and 10. Strongly urges the administering Power, in consultation with Peoples, the Government of Bermuda, to make every effort to diversify the econ- Recalling its resolution 1514(XV) of 14 December 1960, containing omy of Bermuda, including increased efforts to promote agriculture the Declaration on the Granting of Independence to Colonial Coun- and fisheries; tries and Peoples, and all other resolutions and decisions of the United 11. Welcomes the role being played in the Territory by the United Nations relating to the British Virgin Islands, Nations Development Programme and the Food and Agriculture Or- Taking into account the statement of the representative of the ad- ganization of the United Nations, specifically in programmes of agricul- ministering Power in which he said that his Government would fully ture and fisheries, and urges the specialized agencies and all other or- respect the wishes of the people of the British Virgin Islands in deter- ganizations of the United Nations system to continue to pay special mining the future political status of the Territory, attention to the development needs of Bermuda; Conscious of the need to ensure the full and speedy implementa- 12. Reiterates its call upon the administering Power, in cc-operation tion of the Declaration in respect of the Territory, with the local authorities, to continue to expedite the process of “ber- Noting with appreciation the continued active participation of the mudianization” in the Territory and, in that connection, urges that par- administering Power in the work of the Special Committee in regard ticular attention be paid to greater localization of the public service; to the British Virgin Islands, thereby enabling it to conduct a more in- 13. Calls upon the Government of the United Kingdom of Great formed and meaningful examination of the situation in the Territory, Britain and Northern Ireland to receive a visiting mission in the Terri- with a view to accelerating the process of decolonization for the pur- tory at an appropriate time; pose of the full implementation of the Declaration, 14. Requests the Special Committee to continue the examination Reaffirming the responsibility of the administering Power for the eco- of this question at its next session, including the possible dispatch of nomic and social development of the Territory, 1356 Trusteeship and decolonization
Taking note of the fact that positive economic developments have the question of Brunei at its 1983 session, subject occurred during the period under review, including the achievement (2) of a sustained growth in the tourist, real estate and construction in- to any directives by the General Assembly. On dustries, the recommendation of the Fourth Committee, Aware of the special circumstances of the geographical location and which approved without vote an oral proposal by economic conditions of the Territory and bearing in mind the neces- its Chairman on 15 November, the Assembly sity of diversifying and strengthening further its economy as a matter (1) of priority in order to promote economic stability, decided in like manner on 23 November to Noting that the United Nations Development Programme has made defer consideration of the question until 1983 and budgetary provisions for the Territory amounting to $240,000 for the asked the Committee on colonial countries to keep period 1982-1986, the situation in the Territory under review Mindful that United Nations visiting missions provide an effective (1) means of ascertaining the situation in the small Territories and express- Decision (1982). GA: 37/417, 23 Nov., text following. ing its satisfaction at the willingness of the administering Power to Report. (2)Committee on colonial countries, 4/37/23/Rev.1. receive visiting missions in the Territories under its administration, Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- 1. Approves the chapter of the report of the Special Committee 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77(22, on the Situation with regard to the Implementation of the Declaration 23 Nov.). on the Granting of Independence to Colonial Countries and Peoples relating to the British Virgin Islands; General Assembly decision 37/417 2. Reaffirms the inalienable right of the people of the British Vir- Adopted without vote gin Islands to self-determination and independence in conformity with the Declaration on the Granting of Independence to Colonial Coun- Approved by Fourth Committee (A/37/621) without vote, 15 November (meeting 23): oral proposal by Chairman: agenda item 18. tries and Peoples, contained in General Assembly resolution 1514(XV); 3. Reiterates the view that such factors as territorial size, geographi- Question of Brunei cal location, size of population and limited natural resources should At its 77th plenary meeting, on 23 November 1982, the General As- in no way delay the speedy implementation of the Declaration con- sembly, on the recommendation of the Fourth Committee, decided to tained in General Assembly resolution 1514(XV). which fully applies defer until its thirty-eighth session consideration of the question of to the British Virgin Islands; Brunei and requested the Special Committee on the Situation with 4. Reiterates that it is the responsibility of the administering Power regard to the lmplementation of the Declaration on the Granting of to create such conditions in the Territory as will enable the people of Independence to Colonial Countries and Peoples to continue to keep the British Virgin Islands to exercise freely and without interference the situation in the Territory under review and to report thereon to the their inalienable right to self-determination in accordance with General Assembly. Assembly resolution 1514(XV). as well as all other relevant resolutions of the Assembly; Cayman Islands 5. Reaffirms that it is ultimately for the people of the British Virgin (2) Islands themselves to determine their future political status in accor- On 23 November 1982, the General Assem- dance with the relevant provisions of the Charter of the United Na- bly adopted without vote a resolution reaffirming tions and the Declaration and reaffirms the importance of fostering an the inalienable right of the people of the Cayman awareness among the people of the Territory of the possibilities open to them in the exercise of their right to self-determination; Islands to self-determination and independence. 6. Calls upon the administering Power, in consultation with the It reiterated that the United Kingdom, as ad- freely elected authorities of the territorial Government, to take all neces- ministering Power, must create conditions in the sary steps to ensure the full and speedy attainment of the objectives Territory to enable the people to exercise freely that of decolonization set out in the Charter and the Declaration and all other relevant resolutions of the United Nations; right and stated that it was ultimately for the peo- 7. Notes the continuing commitment of the territorial Government ple of the Territory to decide their future political to the goal of economic diversification, particularly in the areas of status, Reaffirming the responsibility of the ad- agriculture, fisheries and small industries, and calls upon the administer- ministering Power for economic and social de- ing Power, in consultation with the local authorities, to intensify its ef- forts in this regard in order to offset the recent decline in agricultural velopment of the Territory, the Assembly urged production; continued efforts to diversify the economy and to 8. Urges the administering Power, in co-operation with the territorial safeguard the right of the people to own and dis- Government, to safeguard the inalienable right of the people of the pose of the Territory’s natural resources. It decided Territory to the enjoyment of their natural resources by taking effec- tive measures to ensure their right to own and dispose of those to keep under review the possibility of sending a resources and to establish and maintain control of their future de- visiting mission to the Cayman Islands and re- velopment; quested the Committee on colonial countries to 9. Urges the specialized agencies and other organizations of the continue examining the situation there and to United Nations system, as well as regional institutions such as the Carib- bean Development Bank, to take measures to accelerate progress in report in 1983. the social and economic life of the British Virgin Islands; The resolution was approved without objection 10. Considers that the possibility of sending a further visiting mis- by the Fourth Committee on 15 November. The sion to the British Virgin Islands at an appropriate time should be kept draft originated in the Committee on colonial under review; 11. Requests the Special Committee to continue the examination countries which approved it on 16 September, of this question at its next session, including the possible dispatch of based on the report of its Sub-Committee on Small a visiting mission to the British Virgin Islands at an appropriate time Territories which the Committee adopted on 28 and in consultation with the administering Power, and to report thereon June.(1) to the General Assembly at its thirty-eighth session. Report. (1)Committee oh colonial countries, A/37/2YRev.1. (2) Brunei Resolution (1982). GA: 37/24, 23 Nov., text following. Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- The Committee on colonial countries decided 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77 (22, without objection on 20 August 1982 to consider 23 Nov.). Other colonial Territories 1357
General Assembly resolution 37/24 resources and to establish and maintain control of their future de- velopment; 23 November 1982 Meeting 77 Adopted without vote 9. Urges the specialized agencies and other organizations of the Approved by Fourth Committee (A/37/621) without objection. 15 November (meeting United Nations system, as well as regional institutions such as the Carib- 231; draft by Committee on colonial countries (A/37/23/Rev.1): agenda item 18. bean Development Bank, to take measures to accelerate progress in Question of the Cayman Islands the social and economic life of the Cayman Islands; The General Assembly, 10. Welcomes the continuing assistance provided to the Territory Having considered the question of the Cayman Islands, by the United Nations Development Programme, amounting to Having examined the relevant chapters of the report of the Special $448,000 for the period 1982-1986; Committee on the Situation with regard to the Implementation of the 11. Considers that the possibility of sending a further visiting mis- Declaration on the Granting of Independence to Colonial Countries and sion to the Cayman Islands at an appropriate time should be kept under Paoples, review; Recalling its resolution 1514(XV) of 14 December 1960, containing 12. Requests the Special Committee to continue the examination the Declaration on the Granting of Independence to Colonial Coun- of this question at its next session, including the possible dispatch of tries and Peoples and all other resolutions and decisions of the United a visiting mission to the Cayman Islands at an appropriate time and Nations relating to the Cayman Islands. in consultation with the administering Power, and to report thereon Noting the statement of the representative of the administering to the General Assembly at its thirty-eighth session. Power, in which he said that his Government would fully respect the wishes of the people of the Cayman Islands in determining the future Cocos (Keeling) Islands constitutional status of the Territory, (l) Conscious of the need to ensure the full and speedy implementa- On 23 November 1982, the General Assem- tion of the Declaration in respect of the Territory, bly adopted without vote a decision on the Cocos Noting that, in the period under review, the economy of the Terri- (Keeling) Islands by which it reaffirmed the tory has continued to sustain sound rates of growth, especially in the responsibility of Australia, as the administering tourist, international finance and real estate industries, Mindful that United Nations visiting missions provide an effective Power, to create conditions for self-determination means of ascertaining the situation in the small Territories and express- and noted Australia’s continued commitment to ing its satisfaction at the willingness of the administering Rower to the political, social and economic advancement of receive visiting missions in the Territories under its administration, the people of the Territory. The Assembly also wel- Aware of the special circumstances of the geographical location and economic conditions of the Territory and bearing in mind the neces- comed Australia’s willingness to receive United sity of diversifying and strengthening further the economy as a matter Nations visiting missions in the Territory, decided of priority in order to promote economic stability. to keep under review the need to send a further 1. Approves the chapter of the report of the Special Committee mission and requested the Committee on colonial on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples countries to continue to examine the question. relating to the Cayman Islands; The Fourth Committee approved the text 2. Reaffirms the inalienable right of the people of the Cayman Is- without objection on 15 November. The draft lands to self-determination and independence in conformity with the originated in the Committee on colonial countries Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514(XV); which approved it on 16 September, based on the 3. Reiterates the view that such factors as territorial size, geographi- report of its Sub-Committee on Small Territories (3) cal location, size of population and limited natural resources should which the Committee adopted on 5 August. in no way delay the speedy implementation of the process of self- By a letter dated 1 December,(2) Australia determination in accordance with the Declaration contained in General Assembly resolution 1514(XV), which fully applies to the Cayman transmitted to the Chairman of the Committee on Islands; colonial countries a statement of 29 November by 4. Notes with appreciation the active participation of the ad- its Minister of Home Affairs and Environment ministering Power in the work of the Special Committee in regard to concerning his discussions with leaders of the the Cayman Islands, thereby enabling it to conduct a more informed and meaningful examination of the situation in the Territory. with a view Cocos (Keeling) Islands. According to the state- to accelerating the process of decolonization for the purpose of the ment, the islanders would choose, in an act of self- full implementation of the Declaration; determination, between independence, free associ- 5. Reiterates that it is the responsibility of the administering Power ation with Australia and integration with Austra- to create such conditions in the Territory as will enable the people of the Cayman Islands to exercise freely and without interference their lia, probably in mid-1983. inalienable right to self-determination in accordance with General As- Derision (1982). (1)GA: 37/413, 23 Nov., text following. sembly resolution 1514(XV), as well as all other relevant resolutions Letter (2)Australia, 1 Dec., transmitting statement of 29 Nov. of the Assembly; from Minister for Home Affairs and Environment, 6. Reaffirms that it is ultimately for the people of the Cayman Is- A/AC.109/723. lands themselves to determine their future political status in accordance Report. (3)Committee on colonial countries, A/37/23/Rev.1. with the relevant provisions of the Charter of the United Nations and Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17. the Declaration and reaffirms the importance of fostering an aware- 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77 (22, ness among the people of the Territory of the possibilities open to them 23 Nov.). in the exercise of their right to self-determination; 7. Reaffirms the responsibility of the administering Power for the General Assembly decision 37/413 economic and social development of the Territory and urges it, in co- Adopted without vote operation with the territorial Government, to render continuing sup- port, to the fullest extent possible, to the development of programmes Approved by Fourth Committee (A/37/621) without objection. 15 November (meeting of economic diversification which will benefit the people of the Territory; 23): draft by Committee on colonial countries (A/37/23/Rev.1); agenda item 18. 8. Urges the administering Power, in co-operation with the territorial Question of the Cocos (Keeling) Islands Government, to safeguard the inalienable right of the people of the At its 77th plenary meeting, on 23 November 1982, the General As- Territory to the enjoyment of their natural resources by taking effec- sembly, on the recommendation of the Fourth Committee, having exa- tive measures to ensure their right to own and dispose of those mined the relevant chapters of the report of the Special Committee 1358 Trusteeship and decolonization on the Situation with regard to the Implementation of the Declaration the Governments of Spain and the United Kingdom of Greet Britain on the Granting of Independence to Colonial Countries and Peoples, and Northern Ireland had signed a declaration on 10 April 1980 at Lis- and having heard the statement of the representative of Australia with bon, intending, in accordance with the relevant resolutions of the United regard to the Cows (Keeling) Islands, noted with appreciation the con- Nations, to resolve the problem of Gibraltar, agreeing to that end to tinuing cooperation of the Government of Australia, as the administer- start negotiations aimed at overcoming all the differences between ing Power, with regard to the implementation of the Declaration on them on Gibraltar, agreeing also to the reestablishment of direct com- the Granting of Independence to Colonial Countries and Peoples. con- munications in the region, the Government of Spain having decided tained in General Assembly resolution 1514(XV) of 14 December 1960, to suspend the application of the measures at present in force, and in respect of the Territory. The Assembly reaffirmed that it was the both Governments agreeing to base future co-operation on reciprocity responsibility of the administering Power to create conditions under and full equality of rights, noting that both Governments had agreed which the people of the Cocos (Keeling) Islands would be able to de- on 8 January 1982 in London to fix the date of 20 April 1982 for the termine freely their own future in conformity with resolution 1514(XV) full implementation of the Lisbon Declaration, including the initiation as well as other relevant resolutions of the Assembly. In this respect, of negotiations and the simultaneous re-establishment of direct com- the Assembly noted the positive and continuing commitment of the munications in the region, and noting that, when it had subsequently administering Power to the political, social and economic advancement been agreed to postpone these arrangements, both Governments had of the people of the Territory so that they might be able, as quickly expressed their determination to keep alive the process initiated by the as possible, to exercise fully their inalienable rights The Assembly wel- Lisbon Declaration, in the spirit of the letters exchanged in London on comed the continuing willingness of the administering Power to receive 8 January 1982, and their intention to set a new date for its implemen- visiting missions in the Cocos (Keeling) Islands and, in that regard, tation, decided to urge both Governments to make possible the initia- reaffirmed that the need to send a further mission to the Territory at tion of the negotiations as envisaged in the consensus adopted by the an appropriate time should be kept under review. The Assembly re- Assembly on 14 December 1973, with the object of reaching a lasting quested the Special Committee to continue to examine the question solution to the problem of Gibraltar in the light of the relevant resolu- at its next session, including the possible dispatch of a visiting mis- tions of the Assembly and in the spirit of the Charter of the United sion to the Cocos (Keeling) Islands at an appropriate time and in con- Nations sultation with the administering Power, and to report thereon to the Assembly at its thirty-eighth session. Guam Noting that a referendum on political status was Gibraltar held in Guam on 30 January 1982, the General On 20 August 1982, the Committee on colonial Assembly, by a resolution adopted without vote on countries, taking into account the continuing 23 November,(2) reaffirmed the right of the peo- negotiations between the parties on the question ple of Guam to self-determination and indepen- of Gibraltar, decided without objection to continue dence, and reiterated that the United States, as consideration of the question at its 1983 session, the administering Power, was responsible for creat- (2) subject to any General Assembly directives. ing conditions conducive to the free exercise of that The Assembly, acting without vote on 23 right. (1) November, noted that Spain and the United The Assembly again stated its conviction that Kingdom had signed a declaration in 1980 by the administering Power should ensure that mili- which they had agreed to initiate negotiations on tary bases and installations did not hinder the popu- the problem of Gibraltar and simultaneously re- lation of the Territory from exercising its right to establish communications in the region; on 8 Janu- self-determination and urged compliance with rele- ary 1982, they had fixed 20 April for the declara- vant United Nations resolutions. It called on the tion’s implementation. The Assembly noted that, administering Power to accelerate the transfer of although both Governments had subsequently land to the people of the Territory, remove constraints agreed to postpone those arrangements, they in- to economic development and safeguard the peo- tended to keep alive the process and set a new date ple’s right to their natural resources. It further urged for its implementation. In that light, the Assem- promotion of the language and culture of the bly urged the two parties to initiate negotiations Chamorro people, who made up more than half (3) as envisaged in the Assembly’s 1973 consensus, the population of Guam. The Assembly decided with the object of reaching a lasting solution. to keep under review the possibility of sending a The decision was recommended by the Fourth visiting mission to the Territory and requested the Committee, which on 29 October approved the text, Committee on colonial countries to report to the without objection, in the form of a draft consensus. Assembly on Guam in 1983. Decision (1982). (l)GA: 37/412, 23 Nov., text following. The resolution was recommended by the Fourth Report. (2)Committee on colonial countries. A/37/23/Rev.1. Committee, which approved on 15 November (3) Yearbook reference. 19i3, p. 699. without objection the draft submitted to it by the Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77 (22, Committee on colonial countries. That Commit- 23 Nov.). tee had approved the text on 16 September, based on the report of its Sub-Committee on Small Ter- General Assembly decision 37/412 ritories which the Committee adopted on 5 Adopted without vote August.(1) Approved by Fourth Committee (A/37/621) without objection, 29 October (meet- Report. (1)Committee on colonial countries. A/37/23/Rev.1. ing 10): draft consensus (A/C.4/37/L.4): agenda item 18. Resolution (1982). (2)GA: 37/21, 23 Nov., text following. Question of Gibraltar Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- At its 77th plenary meeting, on 23 November 1982, the General As- 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77(22, sembly, on the recommendation of the Fourth Committee, noting that 23 Nov.). Other colonial Territories 1359
General Assembly resolution 37/21 8. Calls upon the administering Power, in cooperation with the local authorities, to accelerate the transfer of land to the people of the Territory; 23 November 1982 Meeting 77 Adopted without vote 9. Reiterates its call upon the administering Power, in co-operation Approved by Fourth Committee (A/37/621) without objection. 15 November (meeting with the territorial Government, to remove the constraints which limit 23); draft by Committee on colonial countries (A/37/23/Rev.1): agenda item 18. growth in the economic development of the Territory, particularly with Question of Guam regard to commercial fishing, agriculture and the transportation industry: The General Assembly, 10. Urges the administering Power, in co-operation with the territorial Having considered the question of Guam, Government, to continue to take effective measures to safeguard and Having examined the relevant chapters of the report of the Special guarantee the right of the people of Guam to their natural resources Committee on the Situation with regard to the Implementation of the and to establish and maintain control over their future development and Declaration on the Granting of Independence to Colonial Countries and requests the administering Power to take all necessary steps to protect Peoples, the property rights of the people of the Territory; Recalling its resolution 1514(XV) of 14 December 1960, containing 11. Urges the administering Power to strengthen its efforts to de- the Declaration on the Granting of Independence to Colonial Countries velop and promote the language and culture of the Chamorro people, end Peoples, and all other resolutions and decisions of the United Na- who comprise more than half of the population of the Territory; tions relating to Guam, 12. Considers that the possibility of sending a further visiting mis- Having heard the statement of the representative of the administer- sion to Guam at an appropriate time should be kept under review; ing Power, 13. Requests the Special Committee to continue the consideration Noting with appreciation the continued active participation of the of this question at its next session, including the possible dispatch of administering Power in the work of the Special Committee in regard a further visiting mission to Guam at an appropriate time and in con- to Guam, thereby enabling it to conduct a more informed and meaningful sultation with the administering Power, and to report thereon to the General examination of the situation in the Territory, with a view to accelerating Assembly at its thirty-eighth session. the process of decolonization for the purpose of the full implementa- tion of the Declaration, Montserrat Noting that a referendum on political status was held in the Territory Action by the Committee on colonial countries. on 30 January 1982, (l) Recalling all relevant resolutions of the United Nations relating to military On 28 June 1982, the Committee on colonial bases and installations in colonial and Non-Self-Governing Territories, countries adopted without objection the conclusions Bearing in mind that an obstacle to the economic development of and recommendations of its Sub-Committee on the Territory has been the uncertainty concerning land held by the fed- Small Territories concerning Montserrat, whereby eral authorities, Aware of the special circumstances of the geographical location and the Committee reaffirmed the inalienable right of economic conditions of Guam and the necessity of diversifying the econ- the people of that Territory to self-determination omy of the Territory as a matter of priority and noting the great poten- and independence. Noting the increasing economic tial for diversification offered by commercial fishing. agriculture and the viability of the Territory, the Committee called on development of the transportation industry, Mindful that United Nations visiting missions provide an effective the United Kingdom, as the administering Power, means of ascertaining the situation in the small Territories and expressing to continue to strengthen and diversify the econ- its satisfaction at the willingness of the administering Power to receive omy, to safeguard the right of the people to own visiting missions in the Territories under its administration, and dispose of their natural resources and to in- 1. Approves the chapter of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on tensify training programmes for an efficient pub- the Granting of Independence to Colonial Countries and Peoples relat- lic service. United Nations organizations were urged ing to Guam; to help accelerate economic and social progress in 2. Reaffirms the inalienable right of the people of Guam to self- the Territory. In addition, the Committee agreed determination and independence in conformity with the Declaration on the Granting of Independence to Colonial Countriesand Peoples, con- to keep under review the possibility of sending a tained in General Assembly resolution 1514(XV); further visiting mission there, in view of the fact 3. Reaffirms its conviction that such factors as territorial size, ge- that the last such mission took place in May 1975. ographical location, size of population and limited natural resources should In response to a July invitation by the United in no way delay the implementation of the Declaration contained in General Assembly resolution 1514(XV). which fully applies to Guam; Kingdom, the Committee decided to send to 4. Recalls that the United States of America, as the administering Montserrat a visiting mission composed of the Power, has the responsibility under the Charter of the United Nations Ivory Coast (as Chairman), the United Republic to ensure that the people of the Territory are kept fully informed of their of Tanzania and Venezuela. The mission visited inalienable tight to self-determination and independence, in accordance with General Assembly resolution 1514(XV); the Territory from 23 to 27 August and consulted 5. Reiterates that it is the responsibility of the administering Power with the United Kingdom Government in Lon- to create such conditions in the Territory as will enable the people of don on 7 September. Guam to exercise freely and without interference their inalienable right In its report,(2) introduced to and adopted to self-determination and independence in accordance with General As- sembly resolution 1514(XV); without objection by the Committee on 8 Novem- 6. Reaffirms its strong conviction that the administering Power must ber, the mission concluded that the population, ensure that military bases and installations do not hinder the popula- while regarding independence as inevitable, did tion of the Territory from exercising its right to self-determination and not feel the Territory was ready in the current cir- independence in conformity with the purposes and principles of the Charter and urges the administering Power to take all necessary meas- cumstances to accede to independence. The mis- ures to comply fully with the relevant resolutions of the United Nations sion recommended that political education should relating to military bases and installations in colonial and Non-Self-Governing be intensified and that the question of an interim Territories; constitutional advance should be left to the ad- 7. Reaffirms the responsibility of the administering Power, under the Charter, for the economic and social development of Guam and calls ministering Power, in consultation with the local upon the administering Power to take all necessary steps to strengthen Government. The administering Power should try and diversify the economy of the Territory; to instil in the population national pride and self- 1360 Trusteeship and decolonization confidence and to appoint Monserratians to fill the Recalling its resolution 1514(XV) of 14 December 1960, containing remaining senior posts in the public service. the Declaration on the Granting of Independence to Colonial Coun- tries and Peoples, The mission noted a widespread fear of attain- Recalling also its resolution 36/62 of 25 November 1981 on the ques- ing independence before prevailing economic and tion of five Territories, including Montserrat, social problems-deriving from a lack of natural Having heard the statement of the representative of the administer- resources, trained manpower and appropriate ing Power, Mindful of the responsibility of the United Nations to help the peo- infrastructure-had been overcome and a concern ple of Montserrat to realize their aspirations in accordance with the that foreign capital would be more difficult to at- objectives set forth in the Declaration, tract if the political status of the Territory were to Recalling that the administering Power has the responsibility to en- change. The mission’s recommendations included sure that the people of Montserrat are kept fully informed of their in- alienable right to self-determination and independence, in accordance greater economic diversification, development of with the Declaration, infrastructure and encouraging investment capi- Aware of the special problems facing the Territory by virtue of its tal; education to encourage young people to en- isolation, small size, limited resources and lack of infrastructure, gage in agriculture; expansion of tourist and trans- 1. Approves the chapter of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration portation facilities; and the training of local on the Granting of Independence to Colonial Countries and Peoples medical staff. relating to Montserrat; General Assembly action. Acting without vote 2. Approves also the report of the United Nations visiting mission on 23 November,(3) the General Assembly to Montserrat in 1962; 3. Reaffirms the inalienable right of the people of Montserrat to reaffirmed the inalienable right of the people of self-determination and independence in conformity with the Declara- Montserrat to self-determination and indepen- tion on the Granting of Independence to Colonial Countries and dence and called on the United Kingdom, in co- Peoples; operation with the Government of Montserrat, to 4. Reiterates the view that such factors as size, geographical loca- tion, size of population and limited natural resources should in no way launch programmes of political education to in- delay the speedy implementation of the process of self-determination form the people of the options available to them in accordance with the Declaration, which fully applies to Montserrat; in the exercise of that right. The Assembly com- 5. Commends, for appropriate action, the conclusions and recom- mended the conclusions and recommendations of mendations of the visiting mission to the Government of the United the visiting mission to the Government of the Kingdom of Great Britain and Northern Ireland, as the administering Power, and to the Government of Montserrat; United Kingdom and Montserrat and called on 6. Expresses its appreciation to the members of the visiting mis- the former to expand its aid programme in order sion for the constructive work accomplished and to the administering to accelerate the development of the Territory’s Power, the territorial Government, the Legislative Council and the peo- economic and social infrastructure and to enlist ple of the Territory for the close co-operation and assistance extended to the mission; the assistance of United Nations organizations in 7. Calls upon the administering Power to take the necessary meas- diversifying the Territory’s economy. The Com- ures to promote the political, economic and social development of mittee on colonial countries was asked to continue Montserrat; examination of the situation in the Territory and 8. Calls upon the administering Power, in co-operation with the Government of Montserrat, to launch programmes of political educa- to report to the Assembly in 1983. tion so that the people of the Territory may be fully informed of the The Fourth Committee on 15 November had options available to them in the exercise of their right to self- approved the draft resolution without objection, determination and independence; as submitted to it by the Committee on colonial 9. Urges the administering Power to continue to intensify and ex- pand its programme of aid in order to accelerate the development of countries on 8 November. the economic and social infrastructure of the Territory; Reports. (1)Committee on colonial countries, A/37/23/Rev.1; 10. Requests the administering Power, in the light of the conclu- (2)Visiting mission, A/AC.109/722. sions and recommendations of the visiting mission. to continue to en- Resolution (1982). (3)GA: 37/27, 23 Nov., text following. list the assistance of the specialized agencies and other organizations Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- of the United Nations system, as well as other regional and interna- 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77 (22, tional bodies, in the strengthening, development and diversification of 23 Nov.). the economy of the Territory; 11. Requests the Special Committee to continue the examination of this question at its next session, including the possible dispatch of General Assembly resolution 37/27 a further visiting mission to Montserrat at an appropriate time and in 23 November 1982 Meeting 77 Adopted without vote consultation with the administering Power, and to report thereon to Approved by Fourth Committee (A/37/621) without objection, 15 November (meeting the General Assembly at its thirty-eighth session. 23); draft by Committee on colonial countries (A/37/23/Rev.1) agenda item 18.
Question of Montserrat Pitcairn The General Assembly, Acting without vote on 23 November 1982,(1) Having considered the question of Montserrat. the General Assembly reiterated its call on the Having examined the relevant chapters of the report of the Special Committee on the Situation with regard to the Implementation of the United Kingdom, as the administering Power, to Declaration on the Granting of Independence to Colonial Countries and continue to safeguard the interests of the people Peoples, of Pitcairn. Taking note of the United Kingdom’s Having also examined the report of the United Nations visiting mis- willingness to discuss any change of constitutional sion dispatched to the Territory in August 1982. at the invitation of the Government of the United Kingdom of Great Britain and Northern status with the people of the Territory whenever Ireland as the administering Power, the latter so desired, and its statement that it was Other colonial Territories 1361 encouraging local initiative and enterprise, the Noting the administering Power’s positive attitude Assembly observed that the current size of the towards United Nations visiting missions, the As- population (numbering 53 at the end of 1982) sembly decided to keep under review the possibil- continued to raise the question of the capacity of ity of dispatching such a mission to St. Helena at the islanders to maintain essential services in an appropriate time and requested the Commit- education and health care as well as the launch- tee on colonial countries to continue to examine ing of long boats on which their trade with pass- the question and to report in 1983. ing ships depended. The Assembly adopted the decision without The Fourth Committee on 15 November ap- vote on 23 November 1982;(l) the Fourth Com- proved without objection the text originating in mittee had approved the draft without objection the Committee on colonial countries. That Com- on 15 November. The text originated in the Com- mittee on 16 September had adopted the text based mittee on colonial countries as a draft consensus on a draft consensus submitted by its Sub- adopted on 16 September, based on the report of Committee on Small Territories, which the Com- its Sub-Committee on Small Territories which the (2) mittee had approved on 28 June. Committee had approved on 28 June.(2) (1) Decision (1982). GA: 37/415, 23 Nov., text following. (1) Report. (2)Committee on colonial countries, A/37/23/Rev.1. Decision (1982). GA: 37/416, 23 Nov., text following. Report. (2)Committee on colonial countries, A/37/23/Rev.1. Meeting records. GA: 4th Committee, A/C.4/3/SR.9-15, 17- (3) 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77 (22, Resolution. GA: 1514(XV), 14 Dec. 1960 (YUN 1960, 23 Nov.). p. 49). Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17. General Assembly decision 37/415 22, 23 (26 Oct.-l5 Nov.); plenary, A/37/PV.74-76, 77 (22, 23 Nov.). Adopted without vote Approved by Fourth Committee (A/37/621) without objection, 15 November (meeting 23); draft by Committee on colonial countries (A/37/23/Rev.l) agenda item 18. General Assembly decision 37/416 Adopted without vote Question of Pitcairn At its 77th plenary meeting, on 23 November 1982, the General As- Approved by Fourth Committee (A/37/621) without objection. 15 November (meeting sembly, on the recommendation of the Fourth Committee, having exa- 23); draft by Committee on colonial countries (A/37/23/Rev.1); agenda item 18. mined the relevant chapter of the report of the Special Committee on Question of St. Helena the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, took At its 77th plenary meeting, on 23 November 1982, the General As- note of the statement of the representative of the United Kingdom of sembly, on the recommendation of the Fourth Committee, having exa- Great Britain and Northern Ireland affirming the policy of his Govern- mined the relevant chapters of the report of the Special Committee ment to encourage as much local initiative and enterprise as possible, on the Situation with regard to the Implementation of the Declaration so that the people of Pitcairn could make the most of their own way on the Granting of Independence to Colonial Countries and Peoples, of life. The Assembly, further noting the willingness of the administer- and having heard the Statement of the representative of the United ing Rower to discuss any change of constitutional status with the peo- Kingdom of Great Britain and Northern Ireland. as the administering ple of the Territory whenever the latter so desired, and that the current Power, reaffirmed the inalienable right of the people of St. Helena to size of the population continued to raise the question of the capacity self-determination and independence in conformity with the Declara- of the islanders to maintain the essential services of education, medi- tion on the Granting of Independence to Colonial Countries and Peo- cal welfare and the launching of long boats, on which their trade with ples, contained in Assembly resolution 1514(XV) of 14 December 1960. passing ships depended, called once again upon the administering The Assembly noted the commitment of the Government of the United Power to continue to take the necessary measures to safeguard the Kingdom to respect the wishes of the people of the Territory and, in interests of the people of Pitcairn. The Assembly requested the Spe- that regard, urged the administering Power, in consultation with the cial Committee to continue to examine the question at its next ses- freely elected representatives of the people of St. Helena, to continue sion, and to report thereon to the Assembly at its thirty-eighth session. to take all necessary steps to ensure the speedy implementation of the Declaration in respect to that Territory. The Assembly expressed the hope that the administering Power would continue to implement St. Helena infrastructure and community projects aimed at improving the general In 1982, the General Assembly reaffirmed the welfare of the community and to encourage local initiative and enter- inalienable right of the people of St. Helena to self- prise, particularly in the area of the local handicrafts industry. The As- sembly noted that, despite the economic improvement in these sec- determination and independence, and urged the tors, the commercial sector still remained affected by world inflation. United Kingdom, as the administering Power and The Assembly reaffirmed that continued development assistance from in consultation with the people’s elected represen- the administering Power, together with any assistance that the inter- tatives, to take steps to ensure the speedy im- national community might be able to provide, constituted an impor- tant means of developing the economic potential of the Territory and plementation in that Territory of the 1960 Decla- of enhancing the capacity of its people to realize fully the goals set ration on the Granting of Independence to forth in the relevant provisions of the Charter of the United Nations (3) Colonial Countries and Peoples. The Assembly for the improvement of economic conditions in the Territory. Noting reaffirmed the importance of development as- the positive attitude of the administering Power with respect to the question of receiving United Nations visiting missions in the Territo- sistance from the administering Power and the in- ries under its administration, the Assembly considered that the possi- ternational community for developing the Terri- bility of dispatching such a mission to St. Helena at an appropriate tory’s economic potential, and expressed the hope time should be kept under review. The Assembly requested the Spe- that the United Kingdom would continue to im- cial Committee to continue to examine the question at its next ses- sion, including the possible dispatch of a visiting mission to St. Helena, plement infrastructure and community projects at an appropriate time and in consultation with the administering Power, and to encourage local intitiative and enterprise. and to report thereon to the Assembly at its thirty-eighth session. 1362 Trusteeship and decolonization
St.Kitts-Nevis General Assembly decision 37/414 The Committee on colonial countries decided Adopted without vote without objection on 20 August 1982 to consider Approved by Fourth Committee (A/37/621) without objection, 15 November (meeting 23): draft by Committee on colonial countries (A/37/23/Rev.1); agenda item 18. the question of St. Kitts-Nevis at its 1983 ses- sion, subject to any directives by the General As- Question of Tokelau (2) At its 77th plenary meeting, on 23 November 1982, the General As- sembly. On the recommendation of the Fourth sembly, on the recommendation of the Fourth Committee, having exa- Committee, approved without vote on 15 mined the relevant chapters of the report of the Special Committee November on an oral proposal by its Chairman, on the Situation with regard to the Implementation of the Declaration the Assembly decided in like manner on 23 on the Granting of Independence to Colonial Countries and Peoples, and having heard the statement of the representative of New Zealand November to defer consideration of the question with regard to Tokelau, noted with appreciation the willingness of the (l) until 1983. administering Power to maintain its close co-operation with the United Nations in the exercise of its responsibility towards Tokelau. The As- Decision (1982). (1)GA: 37/418, 23 Nov., text following. (2) sembly reaffirmed the inalienable right of the people of Tokelau to self- Report. Committee on colonial countries, A/37/23/Rev.1. determination in conformity with the Declaration on the Granting of Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17. Independence to Colonial Countries and Peoples, contained in Assem- 22, 23 (26 Oct.-l5 Nov.); plenary, A/37/PV.74-76, 77 bly resolution 1514(XV) of 14 December 1960, and reaffirmed further (22, 23 Nov.). that it was the responsibility of the administering Power to keep the people of Tokelau fully informed of this right. In that regard, the As- General Assembly decision 37/418 sembly noted that the people of the Territory had expressed the view Adopted without vote that, for the time being, they did not wish to review the nature of the existing relationship between Tokelau and New Zealand. The Assem- Approved by Fourth Committee (A/37621) without vote, 15 November (meeting bly welcomed the assurances of the administering Power that it would 231; oral proposal by Chairman: agenda item 18. continue to be guided solely by the wishes of the people of Tokelau Question of St. Kitts-Nevis as to the future status of the Territory. The Assembly noted also that At its 77th plenary meeting, on 23 November 1982, the General As- the administering Power had assured the people of Tokelau of its con- sembly, on the recommendation of the Fourth Committee, decided tinuing assistance in the event that they should desire to change their to defer until its thirty-eighth session consideration of the question status The Assembly called upon the administering Power to continue of St. Kitts-Nevis its programme of political education within the context of its efforts to ensure the preservation of the identity and cultural heritage of the people of Tokelau. The Assembly recognized that the economic de- Tokelau velopment of Tokelau was an important element in the process of self- In a decision adopted without vote on 23 determination. The Assembly noted the continuing efforts of the ad- November 1982,(l) the General Assembly, ministering Power to promote the economic development of the Terri- tory and the measures it had taken to safeguard and guarantee the reaffirming the inalienable right of the people of rights of the peoples of Tokelau to all their natural resources and the Tokelau to self-determination, noted the wish of benefits derived therefrom. The Assembly was of the opinion that the the people not to review for the time being their administering Power should continue to expand its programme of existing relationship with New Zealand, the ad- budgetary support and development aid to the Territory. The Assem- bly noted with appreciation the continuing efforts of the administer- ministering Power. The Assembly welcomed the ing Power to make improvements in the fields of public health, public assurances by the administering Power that it works and education. The Assembly reiterated its expression of ap- would continue to be guided by the people’s preciation to the specialized agencies and other organizations of the wishes as to their future status, and called on United Nations system, as well as to the regional organizations, for their assistance to Tokelau, and called upon those bodies to continue provid- that Power to continue its programme of political ing assistance to the Territory. Mindful of the effective means provided education while preserving the identity and cul- by United Nations visiting missions to assess the situation in the Terri- tural heritage of the Tokelauans. The Assembly tories, the Assembly was of the opinion that the possibility of sending also noted New Zealand’s efforts to promote eco- a further visiting mission to the Territory at an appropriate time should be kept under review, taking into account, in particular, the wishes of nomic development and to safeguard the peo- the people of Tokelau. The Assembly requested the Special Commit- ples’ right to their natural resources, and felt that tee to continue to examine the question at its next session, including development aid to the Territory should be ex- the possible dispatch of a further visiting mission to Tokelau, at an ap- panded. It decided to keep under review the pos- propriate time and in consultation with the administering Power, and sibility of sending a visiting mission to Tokelau to report thereon to the Assembly at its thirty-eighth session. and requested the Committee on colonial coun- Turks and Caicos Islands tries to report on the Territory in 1983. The General Assembly, by a 23 November 1982 The Fourth Committee had approved the (2) resolution adopted without vote, reaffirmed the draft without objection on 15 November. The obligation of the United Kingdom, as the ad- text originated in the Committee on colonial ministering Power for the Turks and Caicos Is- countries as a draft consensus adopted on 16 lands, to enable the people of the Territory to ex- September, based on the report of its Sub- ercise freely their right to self-determination and Committee on Small Territories which the Com- (2) independence. It urged the United Kingdom, in mittee approved on 28 June. consultation with the territorial Government, to Decision 1982). (l)GA: 37/414, 23 Nov., text following. (2) promote the Territory’s economic and social de- Report. Committee on colonial countries, A/37/23/Rev.1. velopment, guarantee the people’s right to own Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- 22, 23 (26 Oct.-l5 Nov.); plenary, A/37/PV.74-76, 77 and dispose of their natural resources, and con- (22, 23 Nov.). tinue to train local personnel in skills essential to Other colonial Territories 1363 development. United Nations organizations were on the Granting of Independence to Colonial Countries and Peoples relating to the Turks and Caicos Islands; asked to pay attention to the Territory’s develop- 2. Reaffirms the inalienable right of the people of the Turks and ment needs. Further, the Assembly urged the ad- Caicos Islands to self-determination and independence in conformity ministering Power to abide by United Nations reso- with the Declaration on the Granting of Independence to Colonial Coun- lutions relating to military bases in tries and Peoples, contained in General Assembly resolution 1514(XV); 3. Reiterates the view that such factors as territorial size, geographi- Non-Self-Governing Territories. It agreed to keep cal location, population and limited natural resources should in no way under review the possibility of sending a visiting delay the speedy exercise by the people of the Territory of their inaliena- mission to the Territory and requested the Com- ble right as set out in the Declaration contained in General Assembly mittee on colonial countries to report on the ques- resolution 1514(XV). which fully applies to the Turks and Caicos Islands; 4. Reiterates that it is the obligation of the administering Power tion in 1983. to create such conditions in the Territory as will enable the people of The Fourth Committee had approved the text the Turks and Caicos Islands to exercise freely and without interfer- without objection on 15 November. The draft ence their inalienable right to self-determination and independence in originated in the Committee on colonial countries accordance with General Assembly resolution 1514(XV), as well as all other relevant resolutions of the Assembly; which had approved it on 16 September, based on 5. Reaffirms that it is the responsibility of the administering Power the report of its Sub-Committee on Small Terri- under the Charter of the United Nations to develop its dependent Ter- tories which the Committee adopted on 5 ritories economically and socially and urges the administering Power, August.(1) in consultation with the territorial Government, to take the necessary measures to promote the economic and social development of the Turks (1) Report. Committee on colonial countries, A/37/23/Rev.1. and Caicos Islands and, in particular, to intensify and expand its (2) Resolution (1982). A: 37/25, 23 Nov., text following. programme of assistance in order to accelerate the development of Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- the economic and social infrastructure of the Territory; 22, 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76, 77 (22, 6. Emphasizes that greater attention should be paid to diversifica- 23 Nov.). tion of the economy, particularly in the promotion of agriculture and fisheries, for the benefit of the people of the Territory; General Assembly resolution 37/25 7. Recalls that it is the responsibility of the administering Power, 23 November 1982 Meeting 77 Adopted without vote in accordance with the freely expressed wishes of the people, to safeguard, guarantee and ensure the inalienable right of the people Approved by Fourth Committee (A/37/621) without objection, 15 November (meeting of the Territory to the enjoyment of their natural resources by taking 23): draft by Committee on colonial countries (A/37123/Rev.1): agenda item 18. effective measures to guarantee their right to own and dispose of those Question of the Turks and Caicos Islands resources and to establish and maintain control of their future de- The General Assembly, velopment; Having considered the question of the Turks and Caicos Islands, 8. Urges the specialized agencies and other organizations of the Having examined the relevant chapters of the report of the Special United Nations system, as well as regional institutions such as the Carib- Committee on the Situation with regard to the Implementation of the bean Development Bank, to continue to pay special attention to the Declaration on the Granting of Independence to Colonial Countries and development needs of the Turks and Caicos Islands; Peoples, 9. Reaffirms its strong conviction that the administering Power Recalling its resolution 1514(XV) of 14 December 1960, containing must ensure that military bases and installations do not hinder the peo- the Declaration on the Granting of Independence to Colonial Coun- ple of the Territory from exercising their right to self-determination and tries and Peoples, and all other resolutions and decisions of the United independence in conformity with the purposes and principles of the Nations relating to the Turks and Caicos Islands. Charter and urges the administering Power to take all necessary meas- Taking into account the statement of the representative of the ad- ures to comply fully with the relevant resolutions of the United Na- ministering Power, in which he said that his Government would fully tions relating to military bases and installations in colonial and Non- respect the wishes of the people of the Turks and Caicos Islands in Self-Governing Territories; determining the future constitutional status of the Territory, and bear- 10. Requests the administering Power, in consultation with the ter- ing in mind the importance of fostering an awareness among the peo- ritorial Government, to continue to provide the assistance necessary ple of the Territory of the possibilities open to them, for the training of qualified local personnel in the skills essential to the Conscious of the need to ensure the full and speedy implementa- development of various sectors of the society of the Territory; tion of the Declaration in respect of the Territory, 11. Considers that the possibility of sending a further visiting mis- Noting with appreciation the continued active participation of the sion to the Turks and Caicos Islands at an appropriate time should be administering Power in the work of the Special Committee in regard kept under review; to the Turks and Caicos Islands, thereby enabling it to conduct a more 12. Requests the Special Committee to continue the examination informed and meaningful examination of the situation in the Territory, of this question at its next session, including the possible dispatch of with a view to accelerating the process of decolonization for the pur- a further visiting mission to the Turks and Caicos Islands at an appropri- pose of the full implementation of the Declaration, ate time and in consultation with the administering PoWer, and to report Aware of the special circumstances of the geographical location and thereon to the General Assembly at its thirty-eighth session. economic conditions of the Territory and bearing in mind the neces- sity of diversifying and strengthening further its economy as a matter United States Virgin Islands of priority in order to promote economic stability and to develop a wider (2) economic base for the Territory, Acting without vote on 23 November 1982, Recalling all relevant resolutions of the United Nations relating to the General Assembly reaffirmed the right of the military bases and installations in colonial and Non-Self-Governing Ter- people of the United States Virgin Islands to self- ritories, Noting the arrangements made for university training abroad and determination and independence and called on the for vocational training in the Territory, United States, as the administering Power, to ena- Mindful that United Nations visiting missions provide an effective ble the people of the Territory to exercise freely means of ascertaining the situation in the small Territories and express- that right. In so doing, the Assembly asked the ing its satisfaction at the willingness of the administering Power to receive visiting missions in the Territories under its administration, administering Power to facilitate the work of the 1. Approves the chapter of the report of the Special Committee Status Commission, set up in 1980 to study op- on the Situation with regard to the Implementation of the Declaration tions for the future political status of the Territory, 1364 Trusteeship and decolonization
and to ensure that the people were informed of the Noting that the territorial Government has pursued its efforts to diver- relevant discussions. sify the economy and noting also the progress achieved in the fields of construction and manufacturing, including developments in oil refin- The United States was urged to expedite pas- ing and the production of alumina and rum, sage by its Congress of legislation concerning the Noting with satisfaction the efforts to revitalize health care problem of aliens in the Territory, help diversify programmes and to discourage juvenile delinquency, the measures to the Islands’ economy, develop its infrastructure, improve crime prevention and the action taken to expand and upgrade school facilities, safeguard the people’s right to their natural 1. Approves the chapter of the report of the Special Committee resources and pay particular attention to the on the Situation with regard to the Implementation of the Declaration problems of unemployment, public housing, on the Granting of Independence to Colonial Countries and Peoples health care, education and crime. The Assembly relating to the United States Virgin Islands; decided to keep under review the possibility of 2. Reaffirms the inalienable right of the people of the United States Virgin Islands to self-determination and independence in conformity sending a visiting mission to the Territory and re- with the Declaration on the Granting of Independence to Colonial Coun- quested the Committee on colonial countries to tries and Peoples, contained in General Assembly resolution 1514(XV); report on the Islands in 1983. 3. Reiterates the view that such factors as territorial size, geographi- The Fourth Committee had approved the text cal location, size of population and limited natural resources should in no way delay the speedy implementation of the Declaration con- without objection on 15 November. The draft tained in General Assembly resolution 1514(XV). which fully applies originated in the Committee on colonial countries, to the United States Virgin Islands; which adopted on 16 September a text based on 4. Calls upon the administering Power, taking into account the the report of its Sub-Committee on Small Terri- freely expressed wishes of the people of the United States Virgin Is- lands, to take all necessary steps to expedite the process of decoloni- tories, which the Committee had adopted on 5 zation in accordance with the relevant provisions of the Charter of the (1) August. United Nations and the Declaration, as well as all other relevant reso- lutions of the General Assembly: Report. (1)Committee on colonial countries, A/37/23/Rev.1. (2) 5. Reaffirms that it is the obligation of the administering Power, Resolution (1982). GA: 37/26, 23 Nov., text following. in consultation with the territorial Government, to inform the local peo- Meeting records. GA: 4th Committee, A/C.4/37/SR.9-15, 17- ple of the possibilities open to them, so as to enable them to exercise 22. 23 (26 Oct.-15 Nov.); plenary, A/37/PV.74-76. 77 (22, freely and without interference their inalienable right to self- 23 Nov.). determination and independence in accordance with General Assem- bly resolution 1514(XV) and, in this respect, calls upon the administer- General Assembly resolution 37/26 ing Power to facilitate the work of the recently established Status Com- 23 November 1982 Meeting 77 Adopted without vote mission and to ensure that the people ate fully informed of the Approved by Fourth Committee (A/37/621) without objection. 15 November (meeting discussions concerning the future political status of the Territory; 23): draft by Committee on colonial countries (A/37/23/Rev.1) agenda item 18. 6 Urges the administering Power to expedite the passage of legis- Question of the United States Virgin Islands lation currently before the Congress of the United States of America The General Assembly, concerning the problem of aliens in the Territory; Having considered the question of the United States Virgin Islands, 7. Reaffirms the responsibility of the administering Power under Having examined the relevant chapters of the report of the Special the Charter for the economic and social development of the Territory; Committee on the Situation with regard to the Implementation of the 8. Urges the administering Power, in co-operation with the territorial Declaration on the Granting of Independence to Colonial Countries and Government, to strengthen the economy of the Territory by taking ad- Peoples, ditional measures of diversification in all fields and developing an ade- Recalling its resolution 1514(XV) of 14 December 1960, containing quate infrastructure; the Declaration on the Granting of Independence to Colonial Coun- 9. Urges the administering Power, in co-operation with the Govern- tries and Peoples, and all other resolutions and decisions of the United ment of the United States Virgin Islands, to safeguard the inalienable Nations relating to the United States Virgin Islands, right of the people of the Territory to the enjoyment of their natural Noting with appreciation the continued active participation of the resources by taking effective measures which guarantee the right of administering Power in the work of the Special Committee in regard the people to own and dispose of those resources and to establish to the United States Virgin Islands, thereby enabling it to conduct a and maintain control of their future development; more informed and meaningful examination of the situation in the Ter- 10. Urges the administering Power, in co-operation with the ter- ritory and expressing its satisfaction at the willingness of the administer- ritorial Government, to continue to improve social conditions and to ing Power to receive visiting missions in the Territories under its ad- pay particular attention to overcoming problems of unemployment, pub ministration, lic housing, health care, education and crime; Having heard the statement of the representative of the administer- 11. Considers that the possibility of sending a further visiting mis- ing Power, sion to the United States Virgin Islands at an appropriate time should Taking note of the fact that the proposed constitution submitted to be kept under review; a referendum on 3 November 1981 after an extensive debate was not 12. Requests the Special Committee to continue the examination accepted by the people of the Territory, of this question at its next session, including the possible dispatch of Bearing in mind that the territorial Government has taken positive a further visiting mission to the United States Virgin Islands et an ap- steps by adopting legislation designed to solve the problem of aliens propriate time and in consultation with the administering Power, and in the Territory, to report thereon to the General Assembly at its thirty-eighth session.