320/12–1250: Telegram

The United States Representative at the United Nations ( Austin ) to the Secretary of State

restricted

Delga 424. South West Africa. Following is text resolution introduced plenary today by Brazil, Denmark, Peru, Syria, Thailand, U.S.:

The GA ,

Considering that the International Court of Justice, duly consulted by the GA pursuant to Resolution 338 (IV) of December 6, 1949, reached the conclusion that the territory of Southwest Africa is a territory under the international mandate assumed by the Union of South Africa on December 17, 1920,

Considering that the International Court of Justice is of the opinion that the Union of South Africa continues to have the international obligations laid down in Article 22 of the Covenant of the League of Nations and in the mandate for Southwest Africa,

Considering that the International Court of Justice is of the opinion that the functions of supervision over the administration of the territory of Southwest Africa by the Union of South Africa should be exercised by the UN, to which the annual reports and the petitions from the inhabitants of the territory are to be submitted,

Considering that, in accordance with the opinion of the International Court of Justice, the Union of South Africa is under an obligation to accept the compulsory jurisdiction of the Court as provided by Article 37 of the Statute of the International Court of Justice, by Article 80, Paragraph 1, of the Charter of the UN and by Article 7 of the mandate for Southwest Africa,

Considering that the International Court of Justice is of the opinion that the Union of South Africa acting alone is not competent to modify the international status of the territory of Southwest Africa, and that the competence to determine and modify the international status of the territory rests with the Union of South Africa acting with the consent of the UN,

Considering that the Government of the Union of South Africa should continue to administer the territory of Southwest Africa in accordance with the mandate conferred by the principal Allied and [Page 508] Associated powers upon His Britannic Majesty to be exercised on his behalf by the Government of the Union of South Africa,

Considering that it is incumbent upon the Government of the Union of South Africa to promote to the utmost in the administration of the territory the material and moral well-being and social progress of its inhabitants as a sacred trust of civilization, subject to the existing mandate, and to give effect to the obligations which it assumed under the mandate;

  • “1. Accepts the advisory opinion of the International Court of Justice with respect to Southwest Africa;
  • “2. Urges the Government of the Union of South Africa to take the necessary steps to give effect to the opinion of the Court, including the transmission of reports on the administration of the territory of Southwest Africa and of petitions from the inhabitants of the territory;
  • “3. Establishes a committee of five consisting of the representatives of Syria, Thailand, Denmark, US of America and Uruguay, to confer with the Union of South Africa concerning the procedural measures necessary for implementing the advisory opinion of the International Court of Justice;
  • “4. Authorizes the committee, as an interim measure, pending the completion of its task referred to in paragraph 3, to examine in accordance with the procedure of the former mandates system, the report on the administration of the territory of Southwest Africa, covering the period since the last report, as well as petitions and any other matters relating to the territory that may be transmitted to the SYG, and to submit a report thereon to the next regular session of the GA.”1
Austin
  1. This resolution was adopted as Part A of a 2-part resolution adopted by the General Assembly on December 13, after the Assembly had rejected the Draft Resolution I recommended by the Fourth Committee. This reversal in plenary of a Committee-recommended draft was unusual.

    At the same time, however, the General Assembly approved the Fourth Committee’s recommended Draft Resolution II on the application of the international trusteeship system to South West Africa, after defeating a Soviet amendment offered thereon in the plenary session. This became Part B of the 2-part resolution.

    For the official text of this 2-part resolution, Resolution 449(V), December 13, 1950, “Question of South West Africa”, see United Nations, Official Records of the General Assembly, Fifth Session, Resolutions, pp. 55 and 56. For the proceedings of the General Assembly on this matter, see United Nations, Official Records of the General Assembly, Fifth Session, Plenary Meetings, vol. i, pp. 621–623, 627–632.