IO Files: US/A/C.4/201

United States Delegation Working Paper

Question of South-West Africa

Advisory Opinion of the International Court of Justice

draft resolution adopted at the 196th meeting1 on 4 december 19502

The General Assembly,

Considering that the General Assembly by its resolutions 65 (I) of 14 December 1946, 141 (II) of 1 November 1947, 227 (III) of 26 November 1948 and 338 (IV) of 6 December 1949 recommended that the [Page 504] Mandated Territory of South-West Africa be placed under the International Trusteeship System and urged the Government of the Union of South Africa to submit a trusteeship agreement for the Territory,

Considering that the International Court of Justice, duly consulted by the General Assembly pursuant to resolution 338 (IV) of 6 December 1949, reached the conclusion that the Territory of South-West Africa is still a Territory under the international Mandate assumed by the Union of South Africa on 17 December 1920,

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 South-West 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 United Nations,

Considering that the International Court of Justice is of the opinion that the Union of South Africa continues to be subject to the international obligations laid down in Article 22 of the Covenant of the League of Nations and in the Mandate for South-West Africa,

Considering that the International Court of Justice is of the opinion that the functions of supervision over the administration of the Territory of South-West Africa by the Union of South Africa should be exercised by the United Nations, to which the annual reports and the petitions should be submitted,

Considering that the International Court of Justice is of the opinion that the Union of South Africa continues to be subject to the obligation to transmit petitions from the inhabitants of the Territory of South-West Africa,

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 United Nations and by Article 7 of the Mandate for South-West Africa,

1.
Declares that it is incumbent upon the Government of the Union of South Africa, pending the determination of the future status of South-West Africa by agreement between the Union of South Africa and the United Nations, 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;
2.
Requests the Government of the Union of South Africa to submit to the United Nations, before 1 June 1951, a report on the administration of the Territory of South-West Africa during the years 1947, 1948, 1949 and 1950 in accordance with the questionnaire adopted by [Page 505] the Permanent Mandates Commission of the League of Nations and also, in due course, reports relating to the subsequent years;
3.
Requests the Government of the Union of South Africa to transmit to the Secretary-General, with such additional observations as it may deem necessary, all petitions relating to the Territory of South-West Africa;
4.
Establishes a Commission for South-West Africa to assist the General Assembly in the consideration of the annual reports, petitions and all other matters relating to the Mandated Territory of South-West Africa in accordance with the following instructions and procedures which the General Assembly laid down in the exercise of its functions of control over the administration of South-West Africa:
(a)
The Commission for South-West Africa shall be composed of ten experts appointed on the basis of their qualifications and expert knowledge by*
(b)
The Commission for South-West Africa shall hold the meetings necessary for the accomplishment of its task; it shall meet at such time and place as may be determined by the Secretary-General;
(c)
The Commission for South-West Africa shall decide upon its own rules of procedure and for that purpose shall, as far as possible, follow the procedure adopted in that matter by the Permanent Mandates Commission of the League of Nations for consideration of reports and petitions;
5.
Invites the Government of the Union of South Africa to designate a duly authorized representative who should be prepared to offer to the Commission for South-West Africa any supplementary explanations or supplementary information as the Commission may request;
6.
Recommends that the Commission for South-West Africa should submit annual reports to the General Assembly for consideration. Such reports shall contain an analysis of conditions in the Mandated Territory and observations, conclusions and recommendations regarding the fulfilment by the Mandatory Power, of the obligations set forth in the Mandate. The Commission shall advise the Assembly on all matters relating to South-West Africa, and perform such other functions as may be entrusted to it by the General Assembly.
  1. Of the Fourth Committee.
  2. In official nomenclature this resolution became known as Draft Resolution I. The resolution on application of the international trusteeship system to South West Africa was adopted on December 5 and was styled Draft Resolution II.
  3. After adoption of the resolution the countries will be chosen by the Fourth Committee on the basis of equitable geographical distribution. [Footnote in the source text.]