United Nations

A/RES/37/43


General Assembly

Distr. GENERAL  

3 December 1982

ORIGINAL:
ENGLISH



                                                    A/RES/37/43
                                                    3 December 1982
 
              Importance of the universal realization of the right of peoples
              to self-determination and of the speedy granting of
              independence to colonial countries and peoples for the
              effective guarantee and observance of human rights
 
     The General Assembly,
 
     Recalling its resolutions 2649 (XXV) of 30 November 1970, 2955 (XXVII) of
12 December 1972, 3070 (XXVIII) of 30 November 1973, 3246 (XXIX) of
29 November 1974, 3382 (XXX) of 10 November 1975, 33/24 of 29 November 1978,
34/44 of 23 November 1979, 35/35 of 14 November 1980 and 36/9 of 28 October
1981, as well as Security Council resolutions 418 (1977) of 4 November 1977
and 437 (1978) of 10 October 1978,
 
     Recalling also its resolutions 2465 (XXIII) of 20 December 1968,
2548 (XXIV) of 11 December 1969, 2708 (XXV) of 14 December 1970, 3103 (XXVIII)
of 12 December 1973 and 3314 (XXIX) of 14 December 1974 concerning the use and
recruitment of mercenaries against national liberation movements and sovereign
States, as well as Security Council resolutions 496 (1981) of 15 December 1981
and 507 (1982) of 28 May 1982,
 
     Recalling further its relevant resolutions on the question of Palestine,
in particular resolutions 3236 (XXIX) and 3237 (XXIX) of 22 November 1974,
36/120 of 10 December 1981 and ES-7/6 of 19 August 1982,
 
     Recalling also its resolutions on the question of Namibia, in particular
resolution ES-8/2 of 14 September 1981,
 
     Recalling the resolutions on Namibia adopted by the Council of Ministers
of the Organization of African Unity at its thirty-seventh ordinary session,
held at Nairobi from 15 to 26 June 1981, particularly resolutions
CM/Res.855 (XXXVII) and CM/Res.865 (XXXVII),
 
     Deeply concerned at the continued terrorist acts of aggression committed
by the Pretoria regime against independent African States, in particular
Angola, Botswana, Mozambique, Seychelles and Zambia,
 
     Deeply angered by the occupation of part of the territory of Angola by
the troops of the racist regime of South Africa,
 
     Recalling the Political Declaration adopted by the First Conference of
Heads of State and Government of the Organization of African Unity and the
League of Arab States, held at Cairo from 7 to 9 March 1977,
 
     Considering that the denial of the inalienable rights of the Palestinian
people to self-determination, sovereignty, independence and return to
Palestine and the repeated acts of aggression by Israel against the peoples of
the region constitute a serious threat to international peace and security,
 
     Deeply shocked and alarmed at the deplorable consequences of the Israeli
invasion of Beirut on 3 August 1982, and recalling all the resolutions of the
Security Council, in particular resolutions 520 (1982) of 17 September 1982
and 521 (1982) of 19 September 1982,
 
     Reaffirming its faith in the importance of the implementation of the
Declaration on the Granting of Independence to Colonial Countries and Peoples,
contained in General Assembly resolution 1514 (XV) of 14 December 1960,
 
     Reaffirming the importance of the universal realization of the right of
peoples to self-determination, national sovereignty and territorial integrity
and of the speedy granting of independence to colonial countries and peoples
as imperatives for the full enjoyment of all human rights,
 
     Reaffirming that "bantustanization" is incompatible with genuine
independence, national unity and sovereignty and has the effect of
perpetuating the power of the white minority and the racist system of
apartheid in South Africa,
 
     Reaffirming the obligation of all Member States to comply with the
principles of the Charter of the United Nations and the resolutions of the
United Nations regarding the exercise of the right to self-determination by
peoples under colonial and foreign domination,
 
     Reaffirming also that the system of apartheid imposed on the South
African people constitutes an inadmissible violation of the rights of that
people and a constant threat to international security,
 
     Reaffirming the national unity and territorial integrity of the Comoros,
 
     Gravely concerned at the continuation of the illegal occupation of
Namibia by South Africa and the continued violations of the human rights of
the peoples still under colonial and foreign domination and alien subjugation,
 
     1.   Calls upon all States to implement fully and faithfully the
resolutions of the United Nations regarding the exercise of the right to
self-determination and independence by peoples under colonial and foreign
domination;
 
     2.   Reaffirms the legitimacy of the struggle of peoples for
independence, territorial integrity, national unity and liberation from
colonial and foreign domination and foreign occupation by all available means,
including armed struggle;
 
     3.   Reaffirms the inalienable right of the Namibian people, the
Palestinian people and all peoples under foreign and colonial domination to
self-determination, national independence, territorial integrity, national
unity and sovereignty without outside interference;
 
     4.   Notes again with satisfaction resolution AHG/Res.103 (XVIII) adopted
by the Assembly of Heads of State and Government of the Organization of
African Unity at its eighteenth ordinary session, held at Nairobi from 24 to
27 June 1981, and the decisions of its Implementation Committee to organize
and conduct a general, free and regular referendum on self-determination in
Western Sahara, and welcomes the willingness of the United Nations to
collaborate in the implementation of the process envisaged by the Organization
of African Unity;
 
     5.   Takes note of the contacts between the Government of the Comoros and
the Government of France in the search for a just solution to the integration
of the Comorian island of Mayotte into the Comoros in accordance with the
resolutions of the Organization of African Unity and the United Nations on
this question;
 
     6.   Condemns the policy of "bantustanization" and reiterates its support
for the oppressed people of South Africa in their just and legitimate struggle
against the racist minority regime of Pretoria;
 
     7.   Further condemns South Africa for its increased oppression of the
Namibian people, for the massive militarization of Namibia and for its armed
attacks on the front-line States with the aim of destabilizing their
Governments;
 
     8.   Strongly condemns the establishment and use of armed terrorist
groups by South Africa with a view to pitting them against the national
liberation movements and destabilizing the legitimate Governments of southern
Africa, thus impeding effective implementation of General Assembly resolution
1514 (XV);
 
     9.   Strongly reaffirms its solidarity with the independent African
countries and liberation movements that are victims of the murderous acts of
aggression of the Pretoria regime and of its attempts at destabilization;
 
    10.   Strongly condemns once again the invasion and occupation of part of
the territory of Angola by troops of the racist Pretoria regime and demands
the immediate withdrawal of those troops from Angolan territory;
 
    11.   Reaffirms that the practice of using mercenaries against sovereign
States and national liberation movements constitutes a criminal act and that
the mercenaries themselves are criminals, and calls upon the Governments of
all countries to enact legislation declaring the recruitment, financing and
training of mercenaries in their territories and the transit of mercenaries
through their territories to be punishable offences, and prohibiting their
nationals from serving as mercenaries, and to report on such legislation to
the Secretary-General;
 
     12.  Strongly condemns the continued violations of the human rights of
the peoples still under colonial and foreign domination and alien subjugation,
the continuation of the illegal occupation of Namibia, and South Africa's
attempts to dismember its Territory, the perpetuation of the racist minority
regime in southern Africa and the denial to the Palestinian people of their
inalienable national rights;
 
     13.  Also strongly condemns the policies of those Western and other
countries whose political, economic, military, nuclear, strategic, cultural
and sports relations with the racist minority regime in South Africa encourage
that regime to persist in its suppression of the aspirations of peoples to
self-determination and independence;
 
     14.  Again demands the immediate application of the mandatory arms
embargo against South Africa, imposed under Security Council resolution
418 (1977), by all countries, particularly by those countries that maintain
military and nuclear co-operation with the racist Pretoria regime and continue
to supply related mat riel to that regime;
 
     15.  Notes again with satisfaction the Paris Declaration on Sanctions
against South Africa, the Special Declaration on Namibia and the reports of
the technical and political commissions adopted by the International
Conference on Sanctions against South Africa, held in Paris from 20 to
27 May 1981, convened jointly by the United Nations and the Organization of
African Unity;
 
     16.  Demands the immediate implementation of General Assembly resolution
ES-8/2 on Namibia;
 
     17.  Calls for a substantial increase in all forms of assistance given by
all States, United Nations organs, specialized agencies and non-governmental
organizations to the victims of racism, racial discrimination and apartheid
through their national liberation movements recognized by the Organization of
African Unity;
 
     18.  Strongly condemns those Governments that do not recognize the right
to self-determination and independence of all peoples still under colonial and
foreign domination and alien subjugation, notably the peoples of Africa and
the Palestinian people;
 
     19.  Strongly condemns the increasingly widespread massacres of innocent
and defenceless people, including women and children, by the racist minority
Pretoria regime in its desperate attempt to thwart the legitimate demands of
the people;
 
     20.  Strongly condemns the massacre of Palestinians and other civilians
at Beirut on 17 September 1982;
 
     21.  Strongly condemns the expansionist activities of Israel in the
Middle East and the continual bombing of Palestinian civilians, which
constitute a serious obstacle to the realization of the self-determination and
independence of the Palestinian people;
 
     22.  Strongly condemns the Israeli aggression against Lebanon in
June 1982, which endangers stability, peace and security in the region, and
reiterates its support for the efforts undertaken to implement the resolutions
of the Security Council, in particular those demanding the immediate and
unconditional withdrawal of Israeli forces from Lebanese territory to
internationally recognized boundaries and respect for the sovereignty and
territorial integrity of Lebanon;
 
     23.  Urges all States, competent organizations of the United Nations
system, specialized agencies and other international organizations to extend
their support to the Palestinian people through its sole and legitimate
representative, the Palestine Liberation Organization, in its struggle to
regain its right to self-determination and independence in accordance with the
Charter of the United Nations;
 
     24.  Demands the immediate and unconditional release of all persons
detained or imprisoned as a result of their struggle for self-determination
and independence, full respect for their fundamental individual rights and the
observance of article 5 of the Universal Declaration of Human Rights, under
which no one shall be subjected to torture or to cruel, inhuman or degrading
treatment;
 
     25.  Recommends that the Security Council should make urgent appeals for
clemency to the South African authorities in order that the lives of the three
African National Congress freedom fighters sentenced to death on 6 August 1982
may be saved in accordance with General Assembly resolution 37/1 of
1 October 1982;
 
     26.  Demands the immediate release of children detained in Namibian and
South African prisons;
 
     27.  Reiterates its appreciation for the material and other forms of
assistance that peoples under colonial rule continue to receive from
Governments, United Nations agencies and intergovernmental organizations, and
calls for a substantial increase in this assistance;
 
     28.  Urges all States, specialized agencies and competent organizations
of the United Nations system to do their utmost to ensure the full
implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples and to intensify their efforts to support peoples under
colonial, foreign and racist domination in their just struggle for
self-determination and independence;
 
     29.  Requests the Secretary-General to give maximum publicity to the
Declaration on the Granting of Independence to Colonial Countries and Peoples
and to give the widest possible publicity to the struggle being waged by
oppressed peoples for the realization of their self-determination and national
independence;
 
     30.  Decides to consider this item again at its thirty-eighth session
on the basis of the reports that Governments, United Nations agencies and
intergovernmental and non-governmental organizations have been requested to
submit concerning the strengthening of assistance to colonial territories and
peoples.