Independence of Colonial Peoples
INDEPENDENCE OF COLONIAL PEOPLES
Since the creation of the UN, more than 80 territories that were formerly under foreign rule have become sovereign states and members of the UN. In this radical transformation of the world's political map, the UN has played a significant role that stems from the basic precepts of its charter as laid down in Article 1, which states that one of the purposes of the UN is to "develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, …" Chapters XI, XII, and XIII of the charter are devoted specifically to measures that are designed to promote the welfare of dependent peoples.
In its efforts to implement these measures, the UN has dealt with two types of territories: (1) former colonial territories administered by designated member states as UN trust territories pending independence, and (2) non-self-governing dependencies or colonies of UN member states. Since the UN powers and responsibilities differ considerably in regard to the two categories of territories, this chapter has been divided into two sections.
TRUST TERRITORIES
The main features of the trusteeship system are outlined in the chapter on the Trusteeship Council. What follows here is a brief description of the territories originally placed under UN trusteeship in 1946.
Trust Territories That Have Achieved Independence
Three types of countries became part of the UN's trusteeship system: (1) territories still administered by a nation under a League of Nations mandate, (2) territories detached from enemy states as a result of the Second World War, and (3) territories voluntarily placed under the system by states responsible for their administration. All 11 territories that were placed under the trusteeship system in 1946 have since achieved the goals of the charter, either as independent states or as parts of independent states.
Following is a list of the territories that have achieved independence. The territories are listed under their administering powers.
Australia
Nauru (coadministered with New Zealand and the United Kingdom).
The territory became independent on 31 January 1968, in accordance with a 1965 General Assembly resolution setting this date as the target for accession to independence.
New Guinea.
The trust territory of New Guinea was administered by Australia together with the non-self-governing territory of Papua until the two were united and became the independent state of Papua New Guinea in 1975.
Belgium
Ruanda-Urundi under Belgian administration.
In a special session convened in June 1962, the General Assembly approved separate independence for the two territories, which were established on 1 July 1962 as the Republic of Rwanda and the Kingdom of Burundi.
France
Togoland.
In 1958, with the agreement of France, the UN supervised elections, and the territory became the independent state of Togo on 27 April 1960.
Cameroons.
Following a notification in 1958 by its legislative assembly of the desire of the territory to become independent and acting upon the recommendation of the Trusteeship Council, the General Assembly, in agreement with France, resolved that on 1 January 1960 trusteeship status would end and the territory would become independent as Cameroon.
Italy
Somaliland.
In union with the dependency of British Somaliland, the territory became the sovereign state of Somalia on 1 July 1960.
New Zealand
Western Samoa.
In agreement with the administering authority, the UN conducted a plebiscite in May 1961, following which the territory attained independence on 1 January 1962.
United Kingdom
Togoland.
To ascertain the freely expressed wishes of the people as to their political future, the UN, in agreement with the United Kingdom, conducted a plebiscite in 1956. As a result of the plebiscite, the territory united in March 1957 with the former Gold Coast to form the independent state of Ghana.
Cameroons.
Both the northern and southern sectors of the territory were administered as part of the federation of Nigeria, a British dependency. Following a plebiscite held under UN supervision in March 1961, the northern sector became part of newly independent Nigeria on 1 June 1961. Following a similar plebiscite, the peoples of the southern sector joined the newly independent state of Cameroon on 1 October 1961.
Tanganyika.
Following negotiations between the United Kingdom and African leaders, the territory attained independence on 9 December 1961. It united with Zanzibar in 1964 to become the United Republic of Tanzania.
United States
Trust Territory of the Pacific Islands.
By the end of 1975, only the Trust Territory of the Pacific Islands remained under the UN trusteeship system. It was administered by the United States under an agreement approved by the Security Council. Because it is a "strategic" trust territory, it was under the ultimate authority of the Security Council rather than the General Assembly. (See the chapter on the Trusteeship Council.)
The Pacific Islands, collectively known as Micronesia, include the former Japanese-mandated islands of the Marshalls, the Carolines, and the Northern Marianas (except Guam, which was ceded to the United States by Spain in 1898). In 1975, a covenant for political union with the United States was approved by the people of the Northern Marianas. In February 1976, the United States Congress gave final approval for granting commonwealth status to the Northern Marianas. The Commonwealth Covenant with the Northern Marianas came into force on 3 November 1986.
In a referendum held on 12 July 1978, Kosrae, Pohnpei, Truk, and Yap—in the Caroline archipelago—approved and ratified a draft constitution for a proposed Federated States of Micronesia. The four districts subsequently held elections, and the Congress of the Federated States of Micronesia was inaugurated on 10 May 1979. The Compact of Free Association with the Federated States of Micronesia also came into force on 3 November 1986.
On 21 December 1978, the Marshall Islands Constitutional Convention approved a draft constitution, and in a referendum held on 1 March 1979, the voters of those islands adopted it by a substantial majority. Legislative power in the Marshall Islands was vested in the Nitijela (legislature); the first general election under the new constitution took place on 10 April 1979. The Compact of Free Association with the Marshall Islands came into force on 21 October 1986.
On 2 April 1979, the Constitutional Convention of Palau adopted a draft constitution, which was approved by a referendum on 9 July. Elections were held on 4 November 1980, and the new constitution came into force on 1 January 1981. However, since its constitution required a 75% majority for the approval of the Compact of Free Association with the United States, Palau was unable to obtain approval for the compact in seven different referendums over the next 10 years.
In November 1992, Palau held a constitutional amendment referendum and changed the requirement for approval to simple majority (50% plus 1). Thereafter, the eighth plebiscite was held in November 1993 and the compact was approved by 68 per cent of Palauans voting in favor. In January 1994, the United States informed the Trusteeship Council that its government and the government of Palau intended to implement the compact as soon as practicable. Planning for the smooth transition to Palau's new status was under way. In late 1994 the two countries implemented the Compact of Free Association and with it came the official end of Palau's status as a trusteeship territory.
Non-self-governing Territories
The delegates attending the 1945 San Francisco Conference, at which the UN was founded, included many spokesmen for anticolonialist sentiment. As a result of their efforts and generous proposals by Australia and the United Kingdom (which possessed the world's largest colonial empire at the time), the charter incorporates a pledge on the part of the colonial powers to assume certain obligations toward the peoples of their dependencies.
CHARTER DECLARATION ON NON-SELF-GOVERNING TERRITORIES
The pledge takes the form of a declaration regarding non-self-governing territories that is embodied in Article 73, Chapter XI, of the charter. Under Article 73, all UN members "which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, …" This general obligation is then divided into five specific obligations:(a) to "ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses"; (b) to "develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples … "; (c) to "further international peace and security";(d) to "promote constructive measures of development … "; and(e) to "transmit regularly to the Secretary-General for information purposes, subject to such limitations as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible…."
Today, when so many of these people have claimed and won their independence, the obligations contained in the declaration may not seem very far-reaching. For example, nothing is said about preparing non-self-governing territories for actual independence—indeed, the word "independence" appears nowhere in the declaration. Although due account is to be taken of the "political aspirations of the peoples," all that is explicitly acknowledged is the obligation to develop "self-government," which does not necessarily imply independence.
However, the validity of the declaration must be considered in the context of its era. Few people at the San Francisco Conference foresaw how intense or universal the desire of colonial peoples for full political sovereignty would be. All told, the obligations included in the declaration probably represented the maximum that reasonably could be expected from colonial countries at that time. Moreover, in the circumstances then prevailing, the agreement by the colonial nations, under paragraph (e) of Article 73, to submit information to an international body concerning their own territories—in effect, to yield up a degree of their sovereignty—was a considerable concession.
TERRITORIES COVERED BY THE DECLARATION
The somewhat unwieldy term "non-self-governing territory" was chosen primarily because it was broad enough to include the various constitutional designations given by administering powers to their dependencies—colony, protectorate, and so on—as well as all stages of political development short of actual self-government or independence. The declaration includes all those territories "whose peoples have not yet attained a full measure of self-government." However, the precise meaning of the phrase "a full measure of self-government" was not specified in the charter, an omission that left the door open for subsequent dispute and controversy.
At the outset, it was considered the responsibility of the eight colonial powers that were UN members to identify the dependencies they regarded as non-self-governing within the meaning of Article 73 of the charter. At its first working session, in 1946, the General Assembly adopted a resolution enumerating 74 non-self-governing territories that the administering countries had identified as falling within the provisions of the declaration. The eight colonial countries were Australia, Belgium, Denmark, France, the Netherlands, New Zealand, the United Kingdom, and the United States. The combined population of their dependencies—which ranged from tiny Pitcairn Island, with a population of 100 persons, to the Netherlands Indies, with 73 million—was estimated at 215 million. The dependencies of Spain and Portugal could not be included in the 1946 list, since these two colonial powers were not UN members at the time. (For the non-self-governing territories listed by the General Assembly in 1946 and subsequently, see Table 1.)
THE ROLE OF THE UN
The charter does not assign any particular task to the UN with respect to non-self-governing territories. It does not even specify what should be done with the information transmitted to the Secretary-General. Hence, the General Assembly has considered itself free to define its own functions.
Since, even in the very beginning, the majority of UN members were vehemently anticolonial, the immediate task that the General Assembly set for itself was to induce the colonial countries by every means in its power to fulfill their obligations under the charter declaration. Judging from the disputes and controversies that arose even as early as 1946, it seems safe to assume that this development was totally unforeseen by the colonial countries at the time of the San Francisco Conference.
Although the General Assembly lacks the power to enforce its recommendations, the colonial powers had no wish to see themselves recorded as being in constant opposition in majority decisions. Consequently, they fought from the start to maintain the right to take the initiative in affairs concerning their own territories and to prevent the UN from expanding its role in colonial matters. However, they were fighting a losing battle against an irreversible trend of world opinion; in effect, the story of the UN's role has essentially been one of increasing involvement in the process of decolonization.
Disputes over the Transmission of Information
The first dispute that arose between the colonial powers and the other UN members concerned the General Assembly's desire to discuss the reports that had been submitted on the various territories. Some of the colonial governments, particularly Belgium, contended that the mere submission of reports fulfilled the charter's requirements under paragraph (e) of Article 73. Disregarding these protests, the 1947 General Assembly set up a special committee to report on the information received. In 1949, this committee was established as the Committee on Information from Non-Self-Governing Territories, composed of an equal number of administering and nonadministering countries. In the same year, the General Assembly adopted a standard questionnaire, which the administering powers were expected to answer in annual reports. The questionnaire covered virtually every aspect of the social, economic, and educational conditions in the territories. However, because of the controversies discussed below, the committee received reports on only 56 of the 74 territories.
Cessation of Information
By 1949, some of the administering powers had unilaterally interpreted paragraph (e) of Article 73 to mean that when they themselves considered a territory to have attained self-government, they no longer needed to submit reports on it to the UN. On this basis, the United Kingdom ceased sending information on Malta after its first report in 1946. Likewise, France, after 1946, stopped sending reports on certain of its territories, including Guadeloupe, Martinique, and New Caledonia, that it regarded as overseas departments with rights equal to those of the metropolitan departments of France or as having reached a requisite stage of "internal autonomy." Nor did the United States send reports on the Panama Canal Zone after 1946 (though this decision may have been made because Panama itself contested classification of the Canal Zone as a non-self-governing territory). Concerned about these developments, the 1949 General Assembly, over the opposition of the colonial powers (the United States abstaining), decided that it was "within the responsibility of the General Assembly to express its opinion on the principles which have guided or which may in future guide the Members concerned in enumerating the territories for which the obligation exists to transmit information under Article 73 (e) of the Charter."
The General Assembly, in 1952, established a special committee to draw up a list of criteria of self-government and, at its next session, voted itself competent to decide on the basis of this list whether reports were due on a given territory. Since that time, the General Assembly has formally approved the cessation of reports on a number of territories, finding that they had "attained a full measure of self-government." However, in each case the administering power in question had already announced, prior to that approval, that it would no longer transmit information on these territories. The territories and the dates of General Assembly approval were as follows: from 1953 to 1955, Puerto Rico (United States), Greenland (Denmark), Suriname and Curaçao (Netherlands); in 1959, Alaska and Hawaii (United States); in 1965, the Cook Islands (New Zealand); and in 1974, Niue (New Zealand).
It should be noted, however, that so long as a territory is not actually independent, the General Assembly considers that it has the right to reopen the question of the territory's status at any time. Thus, although France ceased transmitting information on New Caledonia in 1947, the General Assembly decided on 2 December 1986 that New Caledonia was a non-self-governing territory within the meaning of Chapter XI of the charter and it was again included in the list of such territories.
In 1967, the United Kingdom announced that since a number of its small Caribbean dependencies—namely, Antigua, Dominica, Grenada, St. Kitts-Nevis-Anguilla, and St. Lucia—had achieved the status of associated states with a "full measure of self-government," it would no longer submit reports on those territories. The General Assembly did not, however, accept the territories' new status as constituting full self-government and continued to consider them as non-self-governing. (All the associated states except Anguilla subsequently attained independence, and the United Kingdom resumed transmission of information regarding Anguilla in 1984.) A similar situation arose with respect to Brunei, in 1972, when the United Kingdom informed the Secretary-General that the territory had attained full internal self-government and that, consequently, the United Kingdom considered the transmission of information about it to be no longer appropriate. (Brunei became independent in 1984.)
Refusal to Transmit Information
Until the General Assembly began to assert a competence in the matter, the inclusion of a territory in the list of non-self-governing territories to which Article 73 applies was at the discretion of the administering power concerned. For instance, in 1946, the United Kingdom did not include Southern Rhodesia in the list of dependent territories under its administration because the territory was self-governing but subsequently changed its position after the unilateral declaration of independence by the white-majority regime in 1965.
When Spain and Portugal became UN members in 1955, they also refused to transmit information on their overseas territories, maintaining that these were not colonial possessions but "overseas provinces." Spain retreated from this position in 1960, to the "satisfaction" of the General Assembly, and began to submit reports. However, Portugal maintained its stand until 1974, when an internal upheaval brought about a change of government.
These differences concerning the obligation to transmit information under Article 73 (e) led the Assembly in 1960 to adopt a resolution that defined a "full measure of self-government" to mean one of three specific conditions: (1) emergence of the territory as a sovereign independent state, (2) free association with an independent state, or (3) integration with an independent state, both (2) and (3) to be the result of a free and voluntary choice of the people concerned and the people to possess certain specified rights and safeguards in their new status. Unless one of these three conditions pertained, the General Assembly asserted, the administering power had an obligation to transmit information on any territory that is "geographically separate and is distinct ethnically and/or culturally from the country administering it."
THE 1960 ASSEMBLY DECLARATION ON THE ENDING OF COLONIALISM
Throughout the 1950s, the various disputes with colonial powers over the transmission of information on non-self-governing territories took place against a background of steady decolonization. Whether gracefully granted or bitterly fought for, sovereignty was achieved by a growing number of former colonial dependencies. In 1946, at the first working session of the General Assembly, only a handful of members had memories of recent foreign rule: India, the Philippines, and the four Arab countries that had been League of Nations mandate territories (Iraq, Jordan, Lebanon, and Syria). By 1959, eight Asian countries (Burma, Cambodia, Ceylon, Indonesia, Laos, Malaya, Nepal, and Pakistan) and two African countries (Ghana and Guinea) had become sovereign independent states. As these nations joined the UN, many of them after years of struggle against their former masters or with humiliating memories of the indignities of foreign rule, anticolonialist sentiment became increasingly bitter and significantly influenced the tone of the debates in the General Assembly. Wholeheartedly supported by the Soviet-bloc nations, the newly independent nations began a drive to put a speedy end to colonialism altogether, thus going far beyond anything specifically spelled out in the charter.
The 1960 General Assembly proved to be decisive for the triumph of the anticolonialist forces in the UN. At the opening of that session, 16 new African states and Cyprus became members, thereby bringing the total number of African and Asian nations to 44 out of a total UN membership of 100. In addition, members of the Afro-Asian Group, as it was called, knew that they could count on the support of the Soviet bloc, many Latin American countries, and the Scandinavian countries. By the end of the session, they had drafted the text of a Declaration on the Granting of Independence to Colonial Countries and Peoples that was designed to serve as the UN's basic framework for its work in colonial matters, complementing the charter declaration.
Main Provisions of the Declaration
Whereas the charter declaration had been a gentlemanly agreement among masters to look after the welfare of their subjects, the General Assembly declaration, in effect, was an assertion of the right of these subject peoples to be subjects no longer. Written from the viewpoint of the colonial peoples themselves, the declaration in its preamble recognizes "the passionate yearning for freedom in all dependent peoples"; the existence of "increasing conflicts resulting from the denial … of the freedom of such peoples, which constitute a serious threat to world peace"; and "the important role of the United Nations in assisting the movement for independence in Trust and Non-Self-Governing Territories." The declaration then lists seven provisions: (1) the subjection of peoples to alien domination "is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and cooperation"; (2) "all peoples have the right to self-determination"; (3) inadequacy of preparedness "should never serve as a pretext for delaying independence"; (4) all armed action or repressive measures against dependent peoples "shall cease in order to enable them to exercise peacefully and freely their right to complete independence"; (5) "immediate steps shall be taken … to transfer all powers to the peoples of those territories, without any conditions or reservations"; (6) any attempt to disrupt the national unity and territorial integrity of a country "is incompatible with the purposes and principles of the Charter"; and (7) all states "shall observe faithfully and strictly" the provisions of the Charter, the Universal Declaration of Human Rights, and "the present Declaration" on the basis of equality, noninterference in the internal affairs of states, and respect for the sovereign rights of all peoples.
Although the phrase "colonial powers" does not appear, the declaration was clearly and firmly directed against those countries. Nevertheless, such was the force of anticolonial sentiment that no colonial power cared to record a negative vote. Accordingly, on 14 December 1960, the Declaration on the Granting of Independence to Colonial Countries and Peoples was adopted 89–0, with only nine abstentions (Australia, Belgium, the Dominican Republic, France, Portugal, South Africa, Spain, the United Kingdom, and the United States).
Establishment of the Special Committee
A year after the adoption of the declaration, the USSR took the initiative by asking the General Assembly to discuss the problem of implementing it. The ensuing debate led to the creation of a 17-member Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. Because of the importance attached to its work, seven additional members were added in the following year. Since that time, the composition of the Special Committee (in its early days called "the Special Committee of 24") has changed slightly when certain countries have withdrawn for various reasons, to be replaced by countries representing the same geopolitical grouping as the outgoing members. Originally, the committee included three colonial or administering powers—Australia, the United Kingdom, and the United States—but France, Spain, and the two most recalcitrant administering countries, Portugal and South Africa, were never members. In later developments, both the United Kingdom and the United States suspended their cooperation. Thus, the committee's deliberations have always been anticolonialist in tone.
In 1963, the committee's functions were expanded to include the work of the 1947 Committee on Information from Non-Self-Governing Territories, which was dissolved. At the same time, the General Assembly gave the committee the right to apprise the Security Council of any developments in any territory that it had examined that might threaten international peace and security. (Normally, subsidiary bodies do not have this right but must act through the General Assembly.) In addition, the General Assembly empowered the committee to examine information on the trust territories, as well as on non-self-governing territories—although the Trusteeship Council continued to exercise its normal functions until the graduation of the last trusteeship territory in 1994. The committee was also empowered to send visiting missions to dependent territories. Hence, since 1963, the committee has been the General Assembly's chief executive arm in colonial matters.
Besides considering problems connected with individual colonial territories, the committee debates topics of a more general nature assigned to it by the General Assembly—for example, the role played by foreign economic and military interests that are impeding the attainment of independence or exploiting the natural resources of the territories that rightfully belong to the indigenous inhabitants. The committee has been particularly active in the dissemination of information on colonial problems and in mobilizing international support and assistance for the colonial peoples and their efforts to achieve self-determination and independence.
In 1988, the General Assembly declared the decade 1990–2000 the Decade for the Eradication of Colonialism. In 1991, it approved a plan of action for the Special Committee which it hoped would achieve the total elimination of colonialism by the year 2000. The plan of action called for the Special Committee to, among other things: formulate specific proposals for the elimination of the remaining manifestations of colonialism, and to report its findings each year to the General Assembly; to make concrete suggestions to the Security Council about developments in colonial territories that threaten international peace and security; to pay special attention to small territories, and dispatch visiting missions to those territories to gather information firsthand; and to continue to collect, prepare, and disseminate studies and articles on the problems of decolonization, including continuation of the periodical Objective: Justice and the special series called Decolonization. In 2001, the General Assembly declared the period 2001-2010 the Second International Decade for the Eradication of Colonialism.
In January, 1986, the United Kingdom informed the Special committee's chairman that it would no longer take part in the Committee's work, since, in its own opinion, all the remaining territories under its administration had chosen to remain in close association with the United Kingdom. However, the United Kingdom agreed to continue to fulfill its obligations under the charter and to transmit information to the committee under Article 73e. The United Kingdom also reiterated to the Fourth Committee in 1990 that it would respect the wishes of the people of any of its 10 remaining territories, no matter what the size of their population.
In February 1992, the United States suspended its cooperation with the Special Committee, claiming that it had focused on an outmoded agenda instead of new approaches aimed at addressing the needs of the few remaining non-self-governing territories.
In 2006, the following countries were represented on the Special Committee: Antigua and Barbuda, Bolivia, Chile, China, Congo, Côte d'Ivoire, Cuba, Ethiopia, Fiji, Grenada, India, Indonesia, Iran, Iraq, Mali, Papua New Guinea, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Sierra Leone, Syrian Arab Republic, Tunisia, United Republic of Tanzania, and Venezuela.
PROGRESS OF DECOLONIZATION
In the 10 years following the adoption of the declaration on the ending of colonialism (1960 to 1970), 27 territories (with a total population of over 53 million) attained independence. Some 44 territories (with a population of approximately 28 million) remained under foreign rule or control, however, and the General Assembly's work in hastening the process of decolonization was far from completed. In Africa, an ever-widening confrontation had emerged between the colonial and white-minority regimes and the roughly 18 million Africans in Portuguese Guinea (now Guinea-Bissau), Angola, Mozambique, Cape Verde, and São Tomé and Príncipe; in Southern Rhodesia, which was legally still a British possession; and in the old League of Nations mandate territory of South West Africa, officially designated as Namibia by the UN. Resisting all efforts by the UN to bring an end to white-minority rule by peaceful means, these regimes refused to change despite pressures brought upon them both by the international community and by the demands of the African peoples of the territories.
This refusal had led to the emergence of African national liberation movements within the territories and to a series of armed conflicts that were seen by independent African states as a menace to peace and stability and as the potential cause of a bloody racial war engulfing the whole of Africa. Armed conflict, beginning in 1960 in Angola, had, in fact, spread to all the Portuguese-controlled territories on the African mainland and, as the African liberation movements gained strength and support, had developed into full-scale warfare in Angola, Portuguese Guinea, and Mozambique, engaging large Portuguese armies and putting a serious strain on Portugal's economy.
In Southern Rhodesia and Namibia, armed struggle for liberation was slower to develop, but despite the essential differences in the problems presented by these territories, the General Assembly—partly in response to a growing collaboration between South Africa, Portugal, and the white-minority regime in Southern Rhodesia—had come to view them as aspects of a single consuming issue of white-minority rule versus black-majority rights.
The strategy advocated by the Afro-Asian Group, supported by the Soviet-bloc countries and many others, for rectifying the situation in these territories was essentially to obtain recognition and support for their African national liberation movements and to seek the application, through a Security Council decision made under Chapter VII of the charter, of mandatory enforcement measures, including full economic sanctions and military force as circumstances warranted. However, in each case, except partially in that of Southern Rhodesia, the use of mandatory enforcement measures was decisively resisted by two permanent members of the Security Council, the United Kingdom and the United States, which, together with several other Western nations, felt that they could not afford to embark upon a policy of confrontation with the economically wealthy white-minority regimes of southern Africa.
Despite this resistance, the African and Asian nations continued to maintain the spotlight of attention on issues of decolonization. Year after year, one or another of the cases mentioned above was brought before the Security Council. Each session of the General Assembly, and of the Special Committee on decolonization, was the scene of lengthy and often acrimonious debates. This constant pressure led to greater recognition and status for the national liberation movements of the territories in Africa and brought about widespread condemnation and isolation of the white regimes. In 1971, for the first time, a mission of the Special Committee visited the liberated areas of Guinea-Bissau at the invitation of the African liberation movement concerned and found that the liberation movement had established an effective administration.
In 1972, the General Assembly affirmed for the first time that "the national liberation movements of Angola, Guinea-Bissau and Cape Verde, and Mozambique are the authentic representatives of the true aspirations of the peoples of those territories" and recommended that, pending the independence of those territories, all governments and UN bodies should, when dealing with matters pertaining to the territories, ensure the representation of those territories by the liberation movements concerned. In the following year, the General Assembly extended similar recognition to the national liberation movements of Southern Rhodesia and Namibia.
On 25 April 1974, largely as a result of internal and external pressures resulting from its colonial wars, a change of regime occurred in Portugal that had major repercussions on the situation in its African territories. The new regime pledged itself to ending the colonial wars and began negotiations with the national liberation movements. By the end of 1974, Portuguese troops had been withdrawn from Guinea-Bissau and the latter had become a UN member. This was followed by the independence and admission to UN membership of Cape Verde, Mozambique, and São Tomé and Príncipe in 1975 and Angola in 1976.
Southern Rhodesia (now Zimbabwe)
The problem of Southern Rhodesia, which in 1977 had a population of almost 7 million, of whom 6.5 million were Africans, was not resolved until the end of the decade.
Southern Rhodesia had been given full internal self-government by the United Kingdom in 1923, although under a constitution that vested political power exclusively in the hands of the white settlers. Hence, the United Kingdom did not include this dependency in its original 1946 list of non-self-governing territories and did not transmit information on it to the UN. Although, by the terms of the 1923 constitution, the United Kingdom retained the residual power to veto any legislation contrary to African interests, this power was never used, and no attempt was made to interfere with the white settlers' domination of the territorial government.
UN involvement in the question of Southern Rhodesia began in 1961, when African and Asian members tried, without success, to bring pressure to bear upon the United Kingdom not to permit a new territorial constitution to come into effect. While giving Africans their first representation in the Southern Rhodesian parliament, the 1961 constitution restricted their franchise through a two-tier electoral system heavily weighted in favor of the European community.
In June 1962, acting on the recommendation of the Special Committee, the General Assembly adopted a resolution declaring Southern Rhodesia to be a non-self-governing territory within the meaning of Chapter XI of the charter, on the grounds that the vast majority of the people of Southern Rhodesia were denied equal political rights and liberties. The General Assembly requested the United Kingdom to convene a conference of all political parties in Rhodesia for the purpose of drawing up a new constitution that would ensure the rights of the majority on the basis of "one-man, one-vote." However, the United Kingdom continued to maintain that it could not interfere in Rhodesia's domestic affairs. The 1961 constitution duly came into effect in November 1962.
On 11 November 1965, the government of Ian Smith unilaterally declared Southern Rhodesia independent. The United Kingdom, after branding the declaration an "illegal act," brought the matter to the Security Council on the following day, and a resolution was adopted condemning the declaration and calling upon all states to refrain from recognizing and giving assistance to the "rebel" regime. On 20 November, the council adopted a resolution condemning the "usurpation of power," calling upon the United Kingdom to bring the regime to an immediate end, and requesting all states, among other things, to sever economic relations and institute an embargo on oil and petroleum products. In 1968, the Security Council imposed wider mandatory sanctions against Southern Rhodesia and established a committee to oversee the application of the sanctions. The General Assembly urged countries to render moral and material assistance to the national liberation movements of Zimbabwe, the African name for the territory.
On 2 March 1970, Southern Rhodesia proclaimed itself a republic, thus severing its ties with the United Kingdom. After Mozambique became independent in 1975, guerrilla activity along the border with Southern Rhodesia intensified; the border was then closed, further threatening the economy of Southern Rhodesia, already hurt by UN-imposed sanctions.
In 1977, Anglo-American proposals for the settlement of the Southern Rhodesian problem were communicated to the Security Council by the United Kingdom. The proposals called for the surrender of power by the illegal regime, free elections on the basis of universal suffrage, the establishment by the United Kingdom of a transitional administration, the presence of a UN force during the transitional period, and the drafting of an independence constitution. The proposals were to be discussed at a conference of all political parties in Southern Rhodesia, white and African. However, the regime rejected the idea of such a conference. Attempts by the regime in 1978 and early 1979 to draft a new constitution giving some political power to Africans but maintaining effective control by the white minority failed, and the struggle by forces of the liberation movement, called the Patriotic Front, intensified.
In August 1979, British prime minister Margaret Thatcher stated at the Conference of Commonwealth Heads of State and Government that her government intended to bring Southern Rhodesia to legal independence on a basis acceptable to the international community. To this end, a constitutional conference was convened in London on 10 September, to which representatives of the Patriotic Front and the Rhodesian administration in Salisbury were invited. On 21 December, an agreement was signed on a draftindependence constitution and on transitional arrangements for its implementation, as well as on a cease-fire to take effect on 28 December. Lord Soames was appointed governor of the territory until elections, which took place in February 1980 in the presence of UN observers. On 11 March, Lord Soames formally appointed Robert G. Mugabe, whose party had received the majority of seats in the House of Assembly, as prime minister. The independence of Zimbabwe was proclaimed on 18 April 1980, and on 25 August, Zimbabwe became a member of the UN.
Remaining Colonial Issues
The 16 remaining dependent territories are almost all small islands scattered about the globe. Their tiny populations and minimal economic resources render it almost impossible for them to survive as viable, fully independent states. The 16 remaining dependent territories in 2006 were: Western Sahara, Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands (Malvinas), Montserrat, St. Helena, Turks and Caicos Islands, United States Virgin Islands, Gibraltar, American Samoa, Guam, New Caledonia, Pitcairn, and Tokelau. At the end of this chapter, Table 1 sets forth all the former non-self-governing territories that have become independent or joined neighboring independent states. Table 2 lists the remaining self-governing territories according to their colonial powers.
Although the administering powers joined with the rest of the UN membership in asserting that the peoples of these small territories have an inalienable right to the exercise of self-determination, the leaders of the drive to end colonialism have doubted the genuineness of the preparations for achieving this goal. As evidence to justify their skepticism, the African and Asian nations pointed out that military bases were established in some of the small territories, which they declared "incompatible with the purposes and principles of the Charter." Moreover, in the case of territories that the administering powers have declared their intention of preparing for self-governing status rather than for full independence, the majority of UN members feel that the General Assembly should be granted an active role in ascertaining the wishes of the inhabitants and furnished with more comprehensive information on conditions prevailing in the territories. The General Assembly has approved numerous resolutions requesting the administering states to allow UN missions to visit the remaining non-self-governing territories to ascertain, firsthand, the wishes of the inhabitants, but has met with little cooperation.
Two of the territories that have been brought under the General Assembly's surveillance through the Special Committee are United Kingdom possessions in which the issue of decolonization is complicated by conflicting claims of sovereignty by other nations—the Falkland Islands (Malvinas), also claimed by Argentina, and Gibraltar, also claimed by Spain.
With regard to another territory, Western Sahara, Spain informed the Secretary-General in 1976 that it had terminated its presence in the territory and considered itself henceforth exempt from any international responsibility in connection with its administration. Western Sahara, however, continued to be listed by the General Assembly as non-self-governing.
The Special Committee annually reviews the list of territories to which the declaration on decolonization is applicable. In 1986, France, the administering power of New Caledonia, refused to recognize the competence of the committee over the territory or to transmit to the UN the information called for under Article 73(e) of the charter. France has, however, asserted that it will respect the wishes of the majority of the people of New Caledonia, in accordance with the provisions of the Matignon Agreement agreed to by all the parties in 1988. As a result of the Nouméa Accord of 1998, the New Caledonian parties opted for a negotiated solution and progressive autonomy from France rather than an immediate referendum. The transfer of powers from France began in 2000 and will continue for 15 to 20 years, when the territory will opt for full independence or a form of associated statehood. As of 2006, New Caledonia continued to vote in French presidential elections and to elect parliamentary representatives to the French Senate and National Assembly. However, new political institutions were formed in New Caledonia as a result of the Nouméa Accord.
The Problem of Namibia (South West Africa)
The status of South West Africa (officially designated as Namibia by the General Assembly in June 1968), a pre-World War I German colony that was administered by South Africa under a League of Nations mandate beginning in 1920, has preoccupied the General Assembly almost from the first moment of the UN's existence. In 1946, South Africa proposed that the Assembly approve its annexation of the territory. Fearing that the South African government would seek to extend its apartheid system to South West Africa, the General Assembly did not approve the proposal and recommended instead that the territory be placed under the UN trusteeship system. In the following year, South Africa informed the General Assembly that while it agreed not to annex the territory, it would not place it under trusteeship. Although South Africa had reported on conditions in the territory in 1946, it declined to submit further reports, despite repeated requests from the General Assembly.
In 1950, the International Court of Justice, in an advisory opinion requested by the General Assembly, held that South Africa continued to have international obligations to promote to the utmost
Australia |
Cocos (Keeling) Islands (integrated with Australia) |
Papua (now part of Papua New Guinea) |
Nauru |
New Guinea (now part of Papua New Guinea) |
Belgium |
Belgian Congo (now Democratic Republic of the Congo) |
Burundi |
Rwanda |
France |
Comoros |
Cameroon |
French Equatorial Africa |
(now Central African Republic, Chad, Congo, and Gabon) |
French Somaliland (now Djibouti) |
French West Africa (now Burkina Faso, Côte d'Ivoire, Benin, Guinea, |
Mauritania, Niger, and Senegal) |
Indochina (now Cambodia, Laos, and Vietnam) |
Madagascar |
Morocco |
New Hebrides (Anglo-French condominium; now Vanuatu) |
Tunisia |
Togo |
Italy |
Somalia |
Netherlands |
Netherlands Indies (now Indonesia) |
Suriname |
West New Guinea (West Irian; now part of Indonesia) |
New Zealand |
Cook Islands (self-governing in free association with New Zealand) |
Niue (self-governing in free association with New Zealand) |
Samoa |
Portugal |
Angola |
Cape Verde |
Goa (united with India) |
Mozambique |
Portuguese Guinea (now Guinea-Bissau) |
São Tomé and Príncipe |
Timor-Leste |
Spain |
Fernando Poo and Rio Muni (now Equatorial Guinea) |
Ifni (returned to Morocco) |
United Kingdom |
Aden (now part of Yemen) |
Antigua (now Antigua and Barbuda) |
Bahamas |
Barbados |
Basutoland (now Lesotho) |
Bechuanaland (now Botswana) |
British Guiana (now Guyana) |
British Honduras (now Belize) |
British Somaliland (now Somalia) |
Brunei (now Brunei Darussalam) |
Cyprus |
Dominica |
Ellice Islands (now Tuvalu) |
Fiji |
Gambia |
Gilbert Islands (now Kiribati) |
Gold Coast (now Ghana) |
Grenada |
Jamaica |
Kenya |
Malaya (now Malaysia) |
Malta |
Mauritius |
Nigeria |
New Hebrides (Anglo-French condominium; now Vanuatu) |
North Borneo (now part of Malaysia) |
Northern Rhodesia (now Zambia) |
Nyasaland (now Malawi) |
Oman |
St. Kitts and Nevis |
St. Lucia |
St. Vincent and the Grenadines |
Sarawak (now part of Malaysia) |
Seychelles |
Sierra Leone |
Singapore |
Solomon Islands |
Southern Rhodesia (now Zimbabwe) |
Swaziland |
Trinidad and Tobago |
Uganda |
Zanzibar (now part of Tanzania) |
United Nations |
Namibia (formerly South West Africa)1 |
United States |
Trust Territory of the Pacific Islands (Federated States of Micronesia, Marshall Islands, Northern Mariana Islands), Palau (in free association with the United States) |
1. In 1966, the General Assembly terminated South Africa's mandate over South West Africa and placed the territory under the direct responsibility of the UN. In 1968, the General Assembly declared that the territory would be called Namibia, in accordance with its people's wishes. Until independence, the legaladministering authority for Namibia was the UN Council for Namibia. |
the material and moral well-being and social progress of the inhabitants of the territory as a sacred trust of civilization, and that the UN should exercise the supervisory functions of the League of Nations in the administration of the territory. South Africa refused to accept the court's opinion and continued to oppose any form of UN supervision over the territory's affairs.
In October 1966, the General Assembly, declaring that South Africa had failed to fulfill its obligations under the League of Nations mandate to ensure the well-being of the people of the territory and that it had, in fact, disavowed the mandate, decided that the mandate was therefore terminated, that South Africa had no other right to administer the territory, and that thenceforth the territory came under the direct responsibility of the UN. In May 1967, the General Assembly established the UN Council for South West Africa (later renamed the UN Council for Namibia) to administer the territory until independence "with the maximum possible participation of the people of the territory." It also decided to establish the post of UN Commissioner for Namibia to assist the council in carrying out its mandate. Later in the same year, in the face of South Africa's refusal to accept its decision and to cooperate with the UN Council for Namibia, the General Assembly recommended
France 2 |
New Caledonia |
New Zealand |
Tokelau Islands |
Spain |
Western Sahara 3 |
United Kingdom |
Anguilla |
Bermuda |
British Virgin Islands |
Cayman Islands |
Falkland Islands (Malvinas) |
Gibraltar |
Montserrat |
Pitcairn Island |
St. Helena |
Turks and Caicos Islands |
United States |
American Samoa |
Guam |
United States Virgin Islands |
2On 2 December 1986, the General Assembly decided that New Caledonia the government of Morocco accepted in principle in March 1999. As of 2006, the was a non-self-governing territory within the meaning of Chapter XI of the identification process had been completed, but the parties continued to hold UN Charter. divergent views regarding an appeals process, the repatriation of refugees and 3Spain informed the Secretary-General on 26 February 1976 that as of that other aspects of the plan. date, it had terminated its presence in the territory of the Sahara and deemed it necessary to place the following on record: "Spain considers itself henceforth exempt from any responsibility of an international nature in connection with the administration of the territory in view of the cessation of its participation in the temporary administration established for the territory." On 5 December 1984, and in many subsequent resolutions, the General Assembly reaffirmed that the question of Western Sahara was a question of decolonization, which remained to be resolved by the people of Western Sahara. In August 1988 the Kingdom of Morocco and the Frente Popular para la Liberación (Polisario Front) agreed in principle to the proposals put forward by Secretary-General Perez de Cuéllar and the Organization of African Unity. By its Resolutions 658 (1990) and 690 (1991) the Security Council adopted a settlement plan for Western Sahara that included a referendum for self-determination by the people of the country. In September 1991, the UN achieved a cease-fire in Western Sahara between the factions, through the establishment of the UN Mission for the Referendum in Western Sahara (MINURSO). In 1994, MINURSO began the process of identifying potential voters. In May 1996, the Secretary-General suspended the identification process and most MINURSO civilian staff were withdrawn. The military component remained to monitor and verify the ceasefire. In October 1998, in an attempt to move the process of a referendum forward, the Secretary-General presented a package of measures to the parties, which included a protocol on identification of those remaining applicants from the three tribal groupings. Frente POLISARIO accepted the package the following month, and other aspects of the plan |
that the Security Council take measures to enable the UN Council for Namibia to carry out its mandate.
In its first resolution on the question, in 1969, the Security Council recognized the termination of the mandate by the General Assembly, described the continued presence of South Africa in Namibia as illegal, and called on South Africa to withdraw its administration from the territory immediately. In the following year, the Security Council explicitly declared for the first time that "all acts taken by the government of South Africa on behalf of or concerning Namibia after the termination of the mandate are illegal and invalid." This view was upheld in 1971 by the International Court of Justice, which stated, in an advisory opinion requested by the Security Council, that "the continued presence of South Africa in Namibia being illegal, South Africa is under obligation to withdraw its administration from Namibia immediately and thus put an end to its occupation of the territory." South Africa, however, again refused to comply with UN resolutions on the question of Namibia, and it continued to administer the territory.
To secure for the Namibians "adequate protection of the natural wealth and resources of the territory which is rightfully theirs," the UN Council for Namibia enacted a Decree for the Protection of the Natural Resources of Namibia in September 1974. Under the decree, no person or entity may search for, take, or distribute any natural resource found in Namibia without the council's permission, and any person or entity contravening the decree "may be held liable in damages by the future government of an independent Namibia." The council also established, in the same year, the Institute for Namibia (located in Lusaka, Zambia, until South Africa's withdrawal from Namibia) to provide Namibians with education and training and equip them to administer a future independent Namibia.
In 1976, the Security Council demanded for the first time that South Africa accept elections for the territory as a whole under UN supervision and control so that the people of Namibia might freely determine their own future. It condemned South Africa's "illegal and arbitrary application … of racially discriminatory and repressive laws and practices in Namibia," its military buildup, and its use of the territory "as a base for attacks on neighboring countries."
In the same year, the General Assembly condemned South Africa "for organizing the so-called constitutional talks at Windhoek, which seek to perpetuate the apartheid and homelands policies as well as the colonial oppression and exploitation of the people and resources of Namibia." It decided that any independence talks regarding Namibia must be between the representatives of South Africa and the South West Africa People's Organization (SWAPO), which it recognized as "the sole and authentic representative of the Namibian people." In 1977, the General Assembly declared that South Africa's decision to annex Walvis Bay, Namibia's main port, was "illegal, null, and void" and "an act of colonial expansion," and it condemned the annexation as an attempt "to undermine the territorial integrity and unity of Namibia."
At a special session on Namibia in May 1978, the General Assembly adopted a declaration on Namibia and a program of action in support of self-determination and national independence for Namibia. Expressing "full support for the armed liberation struggle of the Namibian people under the leadership of the SWAPO," it stated that any negotiated settlement must be arrived at with the agreement of SWAPO and within the framework of UN resolutions.
The UN Plan for Namibian Independence.
In July 1978, the Security Council met to consider a proposal by the five Western members of the council—Canada, France, the Federal Republic of Germany, the United Kingdom, and the United States—for a settlement of the Namibian question. The proposal comprised a plan for free elections to a constituent assembly under the supervision and control of a UN representative, assisted by a UN transition assistance group that would include both civilian and military components. The council took note of the Western proposal and requested the Secretary-General to appoint a special representative for Namibia. In September 1978, after approving a report by the Secretary-General based on his special representative's findings, the council, in Resolution 435 (1978), endorsed the UN plan for the independence of Namibia, and it decided to establish, under its authority, the UN Transition Assistance Group (UNTAG) to ensure the early independence of Namibia through free and fair elections under UN supervision and control.
The Secretary-General's report stated that the implementation of the UN plan would be carried out in three stages: (1) cessation of all hostile acts by all parties; (2) the repeal of discriminatory or restrictive laws, the release of political prisoners, and the voluntary return of exiles and refugees; and (3) the holding of elections after a seven-month pre-electoral period, to be followed by the entry into force of the newly adopted constitution and the consequent achievement of independence by Namibia.
Since 1978, the General Assembly has continually reaffirmed that Security Council Resolution 435 (1978), in which the council endorsed the UN plan for the independence of Namibia, is the only basis for a peaceful settlement. It has condemned South Africa for obstructing the implementation of that resolution and other UN resolutions, for "its manoeuvres aimed at perpetuating its illegal occupation of Namibia," and for its attempts to establish a "linkage" between the independence of Namibia and "irrelevant, extraneous" issues, such as the presence of Cuban troops in Angola. In furtherance of the objective of bringing to an end South Africa's occupation of Namibia, the General Assembly has called upon all states to sever all relations with South Africa, and it has urged the Security Council to impose mandatory comprehensive sanctions against South Africa. The General Assembly also has continued to authorize the UN Council for Namibia, as the legal administering authority for Namibia, to mobilize international support for the withdrawal of the illegal South African administration from Namibia, to counter South Africa's policies against the Namibian people and against the UN, to denounce and seek the rejection by all states of South Africa's attempts to perpetuate its presence in Namibia, and to ensure the nonrecognition of any administration or political entity installed in Namibia, such as the so-called interim government imposed in Namibia on 17 June 1985, that is not the result of free elections held under UN supervision and control.
In April 1987, the Secretary-General reported to the Security Council that agreement had been reached on the system of proportional representation for the elections to be held in Namibia as envisaged in Council Resolution 435 (1978). Thus, he noted, all outstanding issues had been resolved, and the only reason for the delay in the emplacement of UNTAG and an agreement on a cease-fire was South Africa's unacceptable precondition that the Cuban troops be withdrawn from Angola before the implementation of the UN plan for Namibian independence.
In December 1988, after eight months of intense negotiations brokered by the United States, Angola, Cuba, and South Africa signed agreements on the withdrawal of Cuban troops from Angola and the achievement of peace in south-western Africa. On 16 January 1989 the Security Council officially declared that Namibia's transition to independence would begin on 1 April 1989 (Security Council Resolution 628/1989). The council also authorized sending the UNTAG to Namibia to supervise the transition (Security Council Resolution 629/1989).
In one short year, from 1 April 1989 to 21 March 1990, the 8,000-member UNTAG force established 200 outposts, including 42 regional or district centers and 48 police stations. During the transition the UN High Commissioner for Refugees (UNHCR) had supervised the repatriation of 433,000 Namibian exiles who had been scattered throughout 40 countries. UNTAG supervised the registration of more than 700,000 voters, more than 97% of whom cast ballots in the historic election from 7–11 November 1989 that marked the end of Namibia's colonial history. The Special Committee also dispatched a visiting mission to observe and monitor the election process. In that election Sam Nujoma, head of SWAPO, was elected the country's first president. The mission reported to the Special Committee that the people of Namibia had, in accordance with Security Council resolution 435 (1978), exercised their inalienable right to self-determination by choosing their representatives to a constituent assembly that was charged with drafting a constitution for an independent Namibia.
In March 1990, Secretary-General Perez de Cuéllar administered the oath of office to the new Namibian president at a historic celebration. In a moving show of good faith, President F. W. DeKlerk of South Africa took part in the inauguration ceremony. Nelson Mandela, then leader of South Africa's African National Congress party and only recently released from prison in South Africa, also attended, as did hundreds of dignitaries from 70 countries.
On 23 April 1990 Namibia became the 159th member of the United Nations.