320/11–1750: Telegram
The Secretary of State to the United States Representative at the United Nations ( Austin )
Gadel 125. Draft resolutions South West Africa.
(1) Recalling its previous resolutions 65 (I) of 14 December 1946, 141 (II) of 1 November 1947, 227 (III) of 26 November 1948, 337 (IV) and 338 (IV) of 6 December 1949 concerning the Territory of South West Africa, and
(2) Having requested, by its resolution 338 (IV) of 6 December 1949, the International Court of Justice to render an advisory opinion on the following questions:
[Here follow the questions, comprising the balance of paragraph (2); and paragraph (3), in which note is taken of the advisory opinion of the Court rendered on 11 July 1950, and a verbatim recital is made of the Court’s opinion on each of the questions.]
(4) Recommends that the Govt of the Union of South Africa in conformity with the opinion of the ICJ concerning the international status of South West Africa and until such time as the present international status of the territory has been modified with the consent of the UN, (a) submit to the UN an annual report on its administration of the territory, and (b) transmit to the UN, with such observations as it deems desirable, petitions received by it from inhabitants of the Territory.
(5) First Alternative. Invites the Union of South Africa to enter into negotiations with UN concerning steps to be undertaken to implement the advisory opinion of the Court concerning the international status of South West Africa and, for the purpose of the said negotiation, establishes a committee composed of ———, which should submit a report thereon to the next regular session of the GA.
(5) Second Alternative. Establishes an Ad Hoc Comite on South West Africa to examine the annual reports and the petitions relating to the Territory and to present its observations thereon to the GA; the Ad Hoc Comite shall advise the Assembly in all matters relating to the observance of the Mandate for South West Africa, and perform such other functions as may be entrusted to it by the GA.
The Ad Hoc Comite on South West Africa shall consist of ten members selected for their personal merits and competence by the following Member States:
It shall meet at such time and place as may be determined by the SYG. Its procedures in the consideration of the annual reports and of petitions shall conform as far as possible to the procedure followed [Page 494] by the Mandates Commission of the League of Nations and shall otherwise conform to the rules of procedure of the Comites of the GA.
(5) Third Alternative. Establishes a special commission of ———— persons to receive and consider the reports and petitions referred to in para 4 and to make appropriate reports to the GA relative to this Territory. The Members of this Commission will serve in their individual capacities and will be elected by the GA from a panel of persons qualified in the field to be named by——–. The Commission will establish rules of procedure conforming as closely as possible to the procedures established by the Mandates Commission of the League of Nations.