United Nations

A/RES/40/52


General Assembly

Distr. GENERAL  

2 December 1985

ORIGINAL:
ENGLISH



                                                       A/RES/40/52
                                                       2 December 1985
                                                       99th plenary meeting
 
           Activities of foreign economic and other interests which are
           impeding the implementation of the Declaration on the
           Granting of Independence to Colonial Countries and Peoples
           in Namibia and in all other Territories under colonial
           domination and efforts to eliminate colonialism, apartheid
           and racial discrimination in southern Africa
 
     The General Assembly,
 
     Having considered the item entitled "Activities of foreign economic and
other interests which are impeding the implementation of the Declaration on
the Granting of Independence to Colonial Countries and Peoples in Namibia and
in all other Territories under colonial domination and efforts to eliminate
colonialism, apartheid and racial discrimination in southern Africa",
 
     Having examined the chapter of the report of the Special Committee on the
Situation with regard to the Implementation of the Declaration on the Granting
of Independence to Colonial Countries and Peoples relating to the item,
 
     Taking into consideration the relevant chapters of the report of the
United Nations Council for Namibia,
 
     Recalling its resolutions 1514 (XV) of 14 December 1960, containing the
Declaration on the Granting of Independence to Colonial Countries and Peoples,
2621 (XXV) of 12 October 1970, containing the programme of action for the full
implementation of the Declaration, and 35/118 of 11 December 1980, the annex
to which contains the Plan of Action for the Full Implementation of the
Declaration, as well as all other resolutions of the United Nations relating
to the item,
 
     Reaffirming the solemn obligation of the administering Powers under the
Charter of the United Nations to promote the political, economic, social and
educational advancement of the inhabitants of the Territories under their
administration and to protect the human and natural resources of those
Territories against abuses,
 
     Reaffirming that any economic or other activity which impedes the
implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples and obstructs efforts aimed at the elimination of
colonialism, apartheid and racial discrimination in southern Africa and other
colonial Territories is in direct violation of the rights of the inhabitants
and of the principles of the Charter and all relevant resolutions of the
United Nations,
 
     Reaffirming that the natural resources of all Territories under colonial
and racist domination are the heritage of the peoples of those Territories and
that the exploitation and depletion of those resources by foreign economic
interests, in particular in Namibia, in association with the occupying regime
of South Africa, constitute a direct violation of the rights of the peoples
and of the principles of the Charter and all relevant resolutions of the
United Nations,
 
     Recalling the relevant provisions of the consensus on Namibia adopted by
the Special Committee on the Situation with regard to the Implementation of
the Declaration on the Granting of Independence to Colonial Countries and
Peoples at its extraordinary session held at Tunis from 13 to 17 May 1985,
 
     Bearing in mind the relevant provisions of the Economic Declaration and
other documents of the Seventh Conference of Heads of State or Government of
Non-Aligned Countries, held at New Delhi from 7 to 12 March 1983,  and of the
Final Document of the Extraordinary Ministerial Meeting of the Co-ordinating
Bureau of Non-Aligned Countries on the question of Namibia held at New Delhi
from 19 to 21 April 1985,
 
     Taking into account the relevant provisions of the Vienna Declaration and
Programme of Action, adopted by the United Nations Council for Namibia on
7 June 1985 at its extraordinary plenary meetings held at Vienna,
 
     Noting with profound concern that the colonial Powers and certain States,
through their activities in the colonial Territories, have continued to
disregard United Nations decisions relating to the item and that they have
failed to implement, in particular, the relevant provisions of General
Assembly resolutions 2621 (XXV) of 12 October 1970 and 39/42 of
5 December 1984, by which the Assembly called upon the colonial Powers and
those Governments that had not yet done so to take legislative, administrative
or other measures in respect of their nationals and the bodies corporate under
their jurisdiction that own and operate enterprises in colonial Territories,
particularly in Africa, which are detrimental to the interests of the
inhabitants of those Territories, in order to put an end to such enterprises
and to prevent new investments that run counter to the interests of the
inhabitants of those Territories,
 
     Condemning the intensified activities of those foreign economic,
financial and other interests which continue to exploit the natural and human
resources of the colonial Territories and to accumulate and repatriate huge
profits to the detriment of the interests of the inhabitants, particularly in
the case of Namibia, thereby impeding the realization by the peoples of the
Territories of their legitimate aspirations for self-determination and
independence,
 
     Strongly condemning the support which the racist minority regime of South
Africa continues to receive from those foreign economic, financial and other
interests which are collaborating with the regime in the exploitation of the
natural and human resources of the international Territory of Namibia, in the
further entrenchment of its illegal racist domination over the Territory and
in the strengthening of its system of apartheid,
 
     Strongly condemning the investment of foreign capital in the production
of uranium and the collaboration by certain Western and other countries with
the racist minority regime of South Africa in the nuclear field which, by
providing that regime with nuclear equipment and technology, enables it to
develop nuclear and military capabilities and to become a nuclear Power,
thereby promoting South Africa's continued illegal occupation of Namibia,
 
     Reaffirming that the natural resources of Namibia, including its marine
resources, are the inviolable and incontestable heritage of the Namibian
people and that the exploitation of those resources by foreign economic
interests under the protection of the illegal colonial administration, in
violation of the Charter, of the relevant resolutions of the General Assembly
and the Security Council and of Decree No. 1 for the Protection of the Natural
Resources of Namibia, enacted by the United Nations Council for Namibia on
27 September 1974, and in disregard of the advisory opinion of the
International Court of Justice of 21 June 1971, is illegal, contributes to the
maintenance of the illegal occupation regime and is a grave threat to the
integrity and prosperity of an independent Namibia,
 
     Concerned about the conditions in other colonial Territories, including
certain Territories in the Caribbean and the Pacific Ocean regions, where
foreign economic, financial and other interests continue to deprive the
indigenous populations of their rights over the wealth of their countries, and
where the inhabitants of those Territories continue to suffer from a loss of
land ownership as a result of the failure of the administering Powers
concerned to restrict the sale of land to foreigners, despite the repeated
appeals of the General Assembly,
 
     Conscious of the continuing need to mobilize world public opinion against
the involvement of foreign economic, financial and other interests in the
exploitation of natural and human resources, which impedes the independence of
colonial Territories and the elimination of racism, particularly in southern
Africa, and emphasizing the importance of action by local authorities, trade
unions, religious bodies, academic institutions, mass media, solidarity
movements and other non-governmental organizations, as well as individuals, in
exercising pressure on transnational corporations to refrain from any
investment or activity in the Territory, in encouraging a policy of systematic
divestment of any financial or other interest in corporations doing business
with South Africa and in counteracting all forms of collaboration with the
occupation regime in Namibia,
 
     1.   Reaffirms the inalienable right of the peoples of dependent
Territories to self-determination and independence and to the enjoyment of the
natural resources of their Territories, as well as their right to dispose of
those resources in their best interests;
 
     2.   Reiterates that any administering or occupying Power that deprives
the colonial peoples of the exercise of their legitimate rights over their
natural resources or subordinates the rights and interests of those peoples to
foreign economic and financial interests violates the solemn obligations it
has assumed under the Charter of the United Nations;
 
     3.   Reaffirms that, by their depletive exploitation of natural
resources, the continued accumulation and repatriation of huge profits and the
use of those profits for the enrichment of foreign settlers and the
perpetuation of colonial domination and racial discrimination in the
Territories, the activities of foreign economic, financial and other interests
operating at present in the colonial Territories, particularly in southern
Africa, constitute a major obstacle to political independence and racial
equality, as well as to the enjoyment of the natural resources of those
Territories by the indigenous inhabitants;
 
     4.   Condemns the activities of foreign economic and other interests in
the colonial Territories impeding the implementation of the Declaration on the
Granting of Independence to Colonial Countries and Peoples, contained in
General Assembly resolution 1514 (XV), and the efforts to eliminate
colonialism, apartheid and racial discrimination;
 
     5.   Condemns the policies of Governments that continue to support or
collaborate with those foreign economic and other interests engaged in
exploiting the natural and human resources of the Territories, including, in
particular, illegally exploiting Namibia's marine resources, violating the
political, economic and social rights and interests of the indigenous peoples
and thus obstructing the full and speedy implementation of the Declaration in
respect of those Territories;
 
     6.   Strongly condemns the collusion of the Governments of certain
Western and other countries with the racist minority regime of South Africa in
the nuclear field, and calls upon those and all other Governments to refrain
from supplying that regime, directly or indirectly, with installations that
might enable it to produce uranium, plutonium and other nuclear materials,
reactors or military equipment;
 
     7.   Requests the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples to continue to monitor closely the situation in the
remaining colonial Territories so as to ensure that all economic activities in
those Territories are aimed at strengthening and diversifying their economies
in the interests of the indigenous peoples, at promoting the economic and
financial viability of those Territories and at speeding their accession to
independence and, in that connection, requests the administering Powers
concerned to ensure that the peoples of the Territories under their
administration are not exploited for political, military and other purposes
detrimental to their interests;
 
     8.   Strongly condemns those Western and all other countries, as well as
the transnational corporations, which continue their investments in, and
supply of armaments and oil and nuclear technology to, the racist regime of
South Africa, thus buttressing it and aggravating the threat to world peace;
 
     9.   Calls upon all States, in particular certain Western States, to take
urgent, effective measures to terminate all collaboration with the racist
regime of South Africa in the political, diplomatic, economic, trade, military
and nuclear fields and to refrain from entering into other relations with that
regime in violation of the relevant resolutions of the United Nations and of
the Organization of African Unity;
 
     10.  Calls once again upon all Governments that have not yet done so to
take legislative, administrative or other measures in respect of their
nationals and the bodies corporate under their jurisdiction that own and
operate enterprises in colonial Territories, particularly in Africa, which are
detrimental to the interests of the inhabitants of those Territories, in order
to put an end to such enterprises and to prevent new investments that run
counter to the interests of the inhabitants of those Territories;
 
     11.  Calls upon all States to terminate, or cause to have terminated, any
investments in Namibia or loans to the racist minority regime of South Africa
and to refrain from any agreements or measures to promote trade or other
economic relations with that regime;
 
     12.  Requests all States that have not yet done so to take effective
measures to end the supply of funds and other forms of assistance, including
military supplies and equipment, to the racist minority regime of South
Africa, which uses such assistance to repress the people of Namibia and their
national liberation movement;
 
     13.  Strongly condemns South Africa for its continued exploitation and
plundering of the natural resources of Namibia, leading to the rapid depletion
of such resources, in complete disregard of the legitimate interests of the
Namibian people, for the creation in the Territory of an economic structure
dependent essentially upon its mineral resources and for its illegal extension
of the territorial sea and its proclamation of an economic zone off the coast
of Namibia;
 
     14.  Declares that all activities of foreign economic interests in
Namibia are illegal under international law and that consequently South Africa
and all the foreign economic interests operating in Namibia are liable to pay
damages to the future lawful Government of an independent Namibia;
 
     15.  Calls upon those oil-producing and oil-exporting countries that have
not yet done so to take effective measures against the oil companies concerned
so as to terminate the supply of crude oil and petroleum products to the
racist regime of South Africa;
 
     16.  Reiterates that the exploitation and plundering of the marine and
other natural resources of Namibia by South African and other foreign economic
interests, including the activities of those transnational corporations which
are engaged in the exploitation and export of the Territory's uranium ores and
other resources, in violation of the relevant resolutions of the General
Assembly and the Security Council and of Decree No. 1 for the Protection of
the Natural Resources of Namibia, are illegal, contribute to the maintenance
of the illegal occupation regime and are a grave threat to the integrity and
prosperity of an independent Namibia;
 
     17.  Condemns the plunder of Namibian uranium, and calls upon the
Governments of all States, particularly those whose nationals and corporations
are involved in the mining or enrichment of, or traffic in, Namibian uranium,
to take all appropriate measures in compliance with the provisions of Decree
No. 1 for the Protection of the Natural Resources of Namibia, including the
practice of requiring negative certificates of origin, to prohibit and prevent
State-owned and other corporations, together with their subsidiaries, from
dealing in Namibian uranium and from engaging in uranium prospecting
activities in Namibia;
 
     18.  Requests the Governments of the Federal Republic of Germany, the
Netherlands and the United Kingdom of Great Britain and Northern Ireland,
which operate the Urenco uranium enrichment plant, to have Namibian uranium
specifically excluded from the Treaty of Almelo, which regulates the
activities of Urenco;
 
     19.  Requests all States to take legislative, administrative and other
measures, as appropriate, in order effectively to isolate South Africa
politically, economically, militarily and culturally, in accordance with
General Assembly resolutions ES-8/2 of 14 September 1981, 36/121 B of
10 December 1981, 37/233 A of 20 December 1982, 38/36 A of 1 December 1983 and
39/50 A of 12 December 1984;
 
     20.  Calls once again upon all States to discontinue all economic,
financial and trade relations with the racist minority regime of South Africa
concerning Namibia and to refrain from entering into any relations with South
Africa, purporting to act on behalf of or concerning Namibia, which may lend
support to its continued illegal occupation of that Territory;
 
     21.  Invites all Governments and organizations of the United Nations
system, having regard to the relevant provisions of the Declaration on the
Establishment of a New International Economic Order, contained in General
Assembly resolution 3201 (S-VI) of 1 May 1974, and of the Charter of Economic
Rights and Duties of States, contained in Assembly resolution 3281 (XXIX) of
12 December 1974, to ensure, in particular, that the permanent sovereignty of
the colonial Territories over their natural resources is fully respected and
safeguarded;
 
     22.  Urges the administering Powers concerned to take effective measures
to safeguard and guarantee the inalienable right of the peoples of the
colonial Territories to their natural resources and to establish and maintain
control over their future development, and requests the administering Powers
to take all necessary steps to protect the property rights of the peoples of
those Territories;
 
     23.  Calls upon the administering Powers concerned to abolish all
discriminatory and unjust wage systems and working conditions prevailing in
the Territories under their administration and to apply in each Territory a
uniform system of wages to all the inhabitants without any discrimination;
 
     24.  Requests the Secretary-General to undertake, through the Department
of Public Information of the Secretariat, a sustained and broad campaign with
a view to informing world public opinion of the facts concerning the pillaging
of natural resources in colonial Territories and the exploitation of their
indigenous populations by foreign monopolies and, in respect of Namibia, the
support they render to the racist minority regime of South Africa;
 
     25.  Appeals to mass media, trade unions and other non-governmental
organizations, as well as individuals, to co-ordinate and intensify their
efforts to mobilize international public opinion against the policy of the
apartheid regime of South Africa and to work for the enforcement of economic
and other sanctions against that regime and for encouraging a policy of
systematic divestment in corporations doing business in South Africa;
 
     26.  Requests the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples to continue to examine this question and to report
thereon to the General Assembly at its forty-first session.