United Nations Security Council Resolution 283

by the United Nations

Adopted by 13 votes to none, with 2 abstentions (France, United Kingdom of Great Britain and Northern Ireland) by the Security Council at its 1550th meeting, on 29 July 1970

The Security Council,

Reaffirming once more the inalienable right of the people of Namibia to freedom and independence recognized in General Assembly resolution 1514 (XV) of 14 December 1960,

Reaffirming Security Council resolution 264 (1969) of 20 March 1969 and 276 (1970) of 30 January 1970 in which the Council recognized the decision of the General Assembly to terminate the Mandate for South West Africa and assume direct responsibility for the Territory until its independence and in which the continued presence of the South African authorities in Namibia, as well as all acts taken by that Government on behalf of or concerning Namibia after the termination of the Mandate, were declared illegal and invalid,

Recalling its resolution 269 (1969) of 12 August 1969,

Noting with great concern the continued flagrant refusal of the Government of South Africa to comply with the decisions of the Security Council demanding the immediate withdrawal of South Africa from the Territory,

Deeply concerned that the enforcement of South African laws and juridical procedures in the Territory have continued in violation of the international status of the Territory,

Reaffirming its resolution 282 (1970) of 23 July 1970 on the arms embargo against the Government of South Africa and the significance of that resolution with regard to the Territory and people of Namibia,

Recalling the decision taken by the Security Council on 30 January 1970 to establish, in accordance with rule 28 of its provisional rules of procedure, an Ad Hoc Sub-Committee of the Council to study, in consultation with Secretary-General, ways and means by which the relevant resolution of the Council, including resolution 276 (1970), could be effectively implemented in accordance with the appropriate provisions of the Charter of the United Nations in the light of the flagrant refusal of South Africa to withdraw from Namibia, and to submit its recommendations to the Council,

Having examined the report submitted by the Ad Hoc Sub-Committee and recommendations contained in that report,

Bearing in mind the special responsibility of the United Nations with regard to the Territory of Namibia and its people,

1. Requests all States to refrain from any resolutions-diplomatic, consular or otherwise-with South Africa implying recognition of the authority of the Government of South Africa over the Territory of Namibia;

2. Calls upon all States maintaining diplomatic or consular relations with South Africa to issue a formal declaration to the Government of South Africa to the effect that they do not recognize any authority of South Africa with regard to Namibia and that the consider South Africa's continued presence in Namibia illegal;

3. Calls upon all States maintaining such relations to terminate existing diplomatic and consular representation as far as they extend to Namibia, and to withdraw any diplomatic or consular mission or representative residing in the Territory;

4. Calls upon all States to ensure that companies and other commercial and industrial enterprises owned by, or under direct control of, the State cease all dealings with respect to commercial or industrial enterprises or concessions in Namibia;

5. Calls upon all States to withhold from their nationals or companies of their nationality not under direct government control, government loans, credit guarantees and other forms of financial support that would be used to facilitate trade or commerce with Namibia;

6. Calls upon all States to ensure that companies and other commercial enterprises owned by, or under direct control of, the State cease all further investment activities, including concessions in Namibia;

7. Calls upon all States to discourage their nationals of companies of their nationality not under direct governmental control from investing or obtaining concessions in Namibia, and to this end to withhold protection of such investment against claims of a future lawful government of Namibia;

8. Requests all States to undertake without delay a detailed study and review of all bilateral treaties between themselves and South Africa in so far as these treaties contain provisions by which they apply to the Territory of Namibia;

9. Requests the Secretary-General to undertake without delay a detailed study and review of all multilateral treaties to which South Africa is a part and which, either by direct reference or on the basis of relevant provisions of international law, might by considered to apply to the Territory of Namibia;

10. Requests the United Nations Council for Namibia to make available to the Security Council the results of its study and proposals with regard to the issuance of passports and visas for Namibians, and to undertake a study and make proposals with regard to special passport and visa regulations to be adopted by States concerning travel of their citizens to Namibia;

11. Calls upon all States to discourage the promotion of tourism and emigration to Namibia;

12. Requests the General Assembly, at its twenty-fifth session, to set up a United Nations fund for Namibia to provide assistance to Namibians who have suffered from persecution and to finance a comprehensive educational and training programme for Namibians, with particular regard to their future administrative responsibilities in the Territory;

13. Requests all States to report to the Secretary-General on measures they have taken in order to give effect to the provisions set forth in the present resolution;

14. Decides to re-establish, in accordance with rule 28 of its provisional rules of procedure, the Ad Hoc Sub-Committee on Namibia and to request the Sub-Committee to study further effective recommendations on ways and means by which the relevant resolutions of the Council can be effectively implemented in accordance with the appropriate provisions of the Charter of the United Nations, in the light of the flagrant refusal of South Africa to withdraw from Namibia;

15. Requests the Sub-Committee to study the replies submitted by Governments to the Secretary-General in pursuance of paragraph 13 of the present resolution and to report to the Council as appropriate;

16. Requests the Secretary-General to give every assistance to the Sub-Committee in the performance of its tasks;

17. Decides to remain actively seized of this matter.