public of the Congo, Rwanda, Senegal, Sierra Leone, Somalia, the Sudan, Togo, Tunisia, Uganda, the United Republic of Tanzania, the Upper Volta and Zambia (S/ 10326);87
"(b) Report of the Ad Hoc Sub-Committee on
Namibia (S/10330)."88
At its 1584th meeting, on 27 September 1971, the Council decided to invite the representatives of Ethiopia, South Africa, Sudan, Liberia, Guyana, Nigeria, Chad and the President of the United Nations Council for Namibia to participate, without vote, in the discus-
sion of the question.
At its 1585th meeting, on 28 September 1971, the Council de~ided to invite the representative of Senegal to participate, without vote, in the discussion of the question.

Resolution 301 (1971)
of 20 October 1971

The Security Council,

R~a!Jirming the inalien~ble right of the people of Nmmbta to freedom and mdependence, as recognized
in General Assembly resolution 1514 (XV) of 14 December 1960,

Recognizing that the United Nations has direct re-
sponsibility for Namibia, following the adoption of General Assembly resolution 2145 (XXI) of 27 Octo-
ber 1966, and that States should conduct any relations
with or involving Namibia in a manner consistent with
that responsibility,

Reaffirming its resolutions 264 ( 1969) of 20 March
1969, 276 (1970) of 30 January 1970 and 283 (1970) of 29 July 1970,

in

Recalling its resolution which it requested the

284 (1970) International

oCfo2u9rtJuolfyJu1s9t7ic0~

for an advisory opinion on the question:

"What are the legal consequences for States of the continued presence of South Africa in Namibia, notwithstanding Security Council resolution 276 (1970)?",

At its 1587th meeting, on 30 September 1971, the Council decided to invite the representative of Mauritius to participate, without vote, in the discussion of the question,
At the same meeting, the Council also decided to extend an i,nyitation to Mr. Nujoma, under rule 39 of the prov1s10nal rules of procedure of the Security Council,B9

CouAnt~ilitsde1c5i8de9~th.tomienevtiinteg,

on the

6 October 1971 the representative of Saudi

Arab1a to part1c1pate, without vote in the discussion

of the question.

'

At its 1595th meeting, on 15 October 1971 the

Council.decided to invite the representatives of Uganda

and India to participate, without vote in the discussion

of the question.

'

Ssey 81 Official Records of the Security Council, Twenty-sixth
!!Dot§faa8h1rfo,deme1umeypttepeWelret,ta.nmsagen,anddtSdwfaeodtar.ztt.hJlaeunlyd1,5wA8ua8sgthuasdmtdeaeendtdintogS'etphoteneml5ibsetOrocf1t9os7big1en;raat1to9r7tihe1es, Ibid., Tll!enty-sixth Year, Special Supplement No. 5.

lSSSthMrm. eNe1?mJgo,moan

made a statement S October 1971.

to

the

Council

at

the

Gravely concerned at the refusal of the Government

of South Africa to comply with the resolutions of the

Security Council pertaining to Namibia,

Recalling its resolution 282 (1970) of 23 July 1970

on the arms embargo against the Government of South

Africa and stressing the significance of that resolution

with regard to the Territory of Namibia,

Recognizing the legitimacy of the movement of the

people of Namibia against the illegal occupation of

their Territory by the South African authorities and

their right to self-determination and independence,

Taking note of the statements of the delegation of
the Organization of African Unity,40 led by the Presi-

dent .of Mauritania in his capacity as current Chairman

of the Assembly of Heads of State and Government of

that organization,

Noting further the statement of the President of the
United Nations Council for Namibia,41

Having heard the statements of the delegation of the

Government of South Mrica,42

Having considered the report of the Ad Hoc Sub-
Committee on Namibia,4s

1. Reaffirms that the Territory of Namibia is the

direct responsibility of the United Nations and that

this responsibility includes the obligation to support

and promote the rights of the people of Namibia in

accordance with General Assembly resolution 1514 (XV);

2. Reaffirms the national unity and territorial in-

tegrity of Namibia;

·

40 See Official Records of the Security Council, Twellty-sixtlz Year, 1583rd, 1585th, l587tb, 1588th and l594th meetings. · 41 Ibid., 1584th meeting.
42 Ibid., 1584th and 1S94th meetings.
48 Ibid., Twenty-sixth Year, Special Supplement No. 5.

:7

3. Condemns all moves by the Government of South Africa designed to destroy that unity and territorial integrity, such as the establishment of Bantustans;
4. Declares that South Africa's continued illegal presence in Namibia constitutes an internationally wrongful act and a breach of international obligations and that South Africa remains accountable to the international community for any violations of its international obligations or the rights of the people of the Territory of .Namibia;
5. Takes note with appreciation of the advisory opinion of the International Court of Justice of 21 June 1971;44
6. Agrees with the Court's opinion, as expressed in paragraph 133 of its advisory opinion:
"(1) 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;
''(2) that States Members of the United Nations are under obligation to recognize the illegality of South Africa's presence in Namibia and the invalidity of its acts on behalf of or concerning Namibia, and to refrain from any acts and in particular any dealings with the Government of South Africa implying recognition of the legality of, or lending support or assistance to, such presence and administration;
"(3) that it is incumbent upon States which are not Members of the United Nations to give assistance, within the scope of subparagraph (2) above, in the action which has been taken by the United Nations with regard to Namibia.";
7. Declares that all matters affecting the rights of the people of Namibia are of immediate concern to all Members of the United Nations and, as a result, the latter should take this into account in their dealings with the Government of South Africa, in particular in any dealings implying recognition of the legality of, or .lending support or assistance to, such· illegal presence and administration;
8. Calls once again upon South Africa to withdraw from the Territory of Namibia;
9. Declares that any further refusal of the South African Government to withdraw from Namibia could create conditions detrimental to the maintenance of peace and security in the region;
10. Reaffirms the provisions of resolution 283 (1970), in particular paragraphs 1 to 8 and 11;
11. Calls upon all States, in the discharge of their responsibilities towards the people of Namibia and
'"Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, I.C.l. Reports 1971, p. 16.

subject to the. exceptions set forth in paragraphs 122 and 125 of the advisory opinion of 21 June 1971:

(a) To abstain frotn entering into treaty relations with South Africa in all cases in which the Government of South Africa purports tcfact on behalf of or concerning Namibia;

(b) To abstain from invoking br applying those treaties or provisions of treaties concluded by South Africa on behalf of or concerning Namibia which involve active intergovernmental co-operation.

(c) To review their bilateral treaties with South ·

Africa in order to ensure that they are ~ot inconsistent

with paragraphs 5 and 6 above;

.

(d) To abstain from sending diplomatic or special

missions to South Africa that include the Territory of

Namibia in their jurisdiction;

·

(e) To abstain from sending consular agents to Namibia and to withdraw any such agents already there;

(f) To abstain from entering into economic and other forms of relationship or dealings with South Africa on behalf of or concerning Namibia which may entrench its authority over the Territory;

12. Declares that franchises, rights, titles or contracts relating to Namibia granted to individuals or companies by South Africa after the adoption of General Assembly resolution 2145 (XXI) are not subject to protection or espousal by their States against claims
of a future lawful Government of Namibia;

13. Requests the Ad Hoc Sub-Committee on Namibia to continue to carry out the tasks entrusted to it under paragraphs 14 and 15 of Security Council resolution 283 (1970) and, in particular, taking into account the need to provide for the effective protection of Namibian interests at the international level, to study
appropriate .measures .for the fulfilment of the responsibility of the United Nations· towards Namibia;

14. Requests the Ad Hoc Sub-Committee ori Namibia to review all treaties and agreements which are contrary to the provisions of the present resolution in order to ascertain whether States have entered into agreements which recognize South Africa's authority
over Namibia, and to report periodically thereon;

15. Calls. upon all States to support ·and .promote the rights of the people of Namibia and to this end to
implement fully the provision:s of the present resolution; · · ·

16. Requests the Secretary-General to report periodically on the implementation of the provisions of the
present resolution.

Adopted at the}598th meet· ing by 13 votes to no11e, with 2 abstention.<; (France, United Kingdom of Great Britain a'!d. Northern Ireland):.

