United Nations General Assembly Resolution 34/44

November 23, 1979


The General Assembly,

Recalling its resolutions 2649 (XXV) of 30 November 1970, 2955 (XXVII) of 12 December 1972, 3070 (XXVIII) of 30 November 1973, 3246 (XXIX) of 29 November 1974, 3382 (XXX) of 10 November 1975 and 33/24 of 29 November 1978, and Security Council resolutions 418 (1977) of 4 November 1977 and 437 (1978) of 10 October 1978,

Recalling also its resolutions 2465 (XXIII) of 20 December 1968, 2548 (XXIV) of 11 December 1969, 2708 (XXV) of 14 December 1970, 3103 (XXVIII) of 12 December 1973 and 3314 (XXIX) of 14 December 1974, concerning the use and recruitment of mercenaries against national liberation movements and sovereign States,

Taking note of the report of the Secretary-General,1/ the final communiqué and resolutions adopted by the Tenth Islamic Conference of Foreign Ministers, held at Fez from 8 to 12 May 1979,2/ and the Final Declaration of the Sixth Conference of Heads of State or Government of Non-Aligned Countries, held at Havana from 3 to 9 September 1979,3/

Recalling the resolutions on Zimbabwe, Namibia and the Palestinian question adopted by the Council of Ministers of the Organization of African Unity at its thirty-third ordinary session, held at Monrovia from 6 to 20 July 1979,4/

Taking note of the Political Declaration adopted by the First Conference of Heads of State and Government of the Organization of African Unity and the League of Arab States, held at Cairo from 7 to 9 March 1977,5/

Considering that the activities of Israel, in particular the denial to the Palestinian people of its right to self-determination and independence, constitute a serious and increasing threat to international peace and security,

Reaffirming its faith in General Assembly resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, and the importance of its implementation,

Reaffirming the importance of the universal realization of the right of peoples to self-determination, national sovereignty and territorial integrity and of the speedy granting of independence to colonial countries and peoples as imperatives for the full enjoyment of all human rights,

Reaffirming that "bantustanization" is incompatible with genuine independence and national unity and sovereignty and has the effect of perpetuating the power of the white minority and the racist system of apartheid in South Africa,

Reaffirming the obligation of all Member States to comply with the principles of the Charter and the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and alien domination,

Welcoming the independence of Dominica and Saint Lucia,

Reaffirming the national unity and territorial integrity of the Comoros,

Indignant at the continued violations of the human rights of the peoples still under colonial and foreign domination and alien subjugation, the continuation of the illegal occupation of Namibia and South Africa's attempts to dismember its territory, the perpetuation of the racist minority régimes in Zimbabwe and South Africa and the denial to the Palestinian people of its inalienable national rights,

1. Calls upon all States to implement fully and faithfully the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and alien domination;

2. Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and alien domination and foreign occupation by all available means, including armed struggle;

3. Reaffirms the inalienable right of the peoples of Namibia and Zimbabwe, of the Palestinian people and of all peoples under colonial and alien domination to self-determination, national independence, territorial integrity, and national unity and sovereignty without external interference;

4. Strongly condemns all partial agreements and separate treaties which constitute a flagrant violation of the rights of the Palestinian people, the principles of the Charter of the United Nations and the resolutions adopted in various international forums on the Palestinian issue, and which prevent the realization of the Palestinian people's aspiration to return to its homeland, to achieve self-determination and to exercise full sovereignty over its territories;

5. Takes note with satisfaction of the decision adopted by the Assembly of Heads of State and Government of the Organization of African Unity at its sixteenth ordinary session, held at Monrovia from 17 to 20 July 1979, on the question of Western Sahara 6/ and invites all Member States to spare no efforts for the effective implementation of that decision;

6. Takes note of the contacts made by the Government of the Comoros and the Government of France in the search for a just solution to the integration of the Comorian island of Mayotte into the Comoros in accordance with the resolutions of the Organization of African Unity and the United Nations on that question;

7. Condemns the policy of "bantustanization" and reiterates its support for the oppressed people of South Africa in their just and legitimate struggle against the racist minority régime in Pretoria;

8. Condemns the violations of the sanctions imposed by the Security Council against the illegal rebel régime in Southern Rhodesia;

9. Reaffirms that the practice of using mercenaries against national liberation movements and sovereign States constitutes a criminal act and that the mercenaries themselves are criminals, and calls upon the Governments of all countries to enact legislation declaring the recruitment, financing and training of mercenaries in their territory and the transit of mercenaries through their territory to be punishable offences and prohibiting their nationals from serving as mercenaries, and to report on such legislation to the Security Council;

10. Condemns the policies of those members of the North Atlantic Treaty Organization and of other countries whose political, economic, military, nuclear, strategic, cultural and sporting relations with the racist régimes in southern Africa and elsewhere encouraging those régimes to persist in their suppression of the aspirations of peoples for self-determination and independence;

11. Again demands the immediate application of the mandatory arms embargo against South Africa, imposed under Security Council resolution 418 (1977), by all countries, particularly by those countries which maintain military and nuclear co-operation with the racist Pretoria régime and continue to supply related material to that régime;

12. Strongly condemns all Governments which do not recognize the right of self-determination and independence of all peoples still under colonial and foreign domination and alien subjugation, notably the peoples of Africa and the Palestinian people;

13. Strongly condemns the ever-increasing massacres of innocent and defenceless people, including women and children, by the racist minority régimes in southern Africa in their desperate attempt to thwart the legitimate demands of the people;

14. Further condemns the expansionist activities of Israel in the Middle East, as well as the continuous bombing of civilian Arab and, in particular, Palestinian populations and the destruction of their villages and encampments, which constitutes a serious obstacles to the realization of the self-determination and independence of the Palestinian people.

15. Urges all States, competent United Nations organs, specialized agencies and other international organizations to extend their support to the Palestinian people through its representative, the Palestine Liberation Organization, in its struggle to restore its right to self-determination and independence in accordance with the Charter of the United Nations;

16. Demands the immediate and unconditional release of all persons detained or imprisoned as a result of their struggle for self-determination and independence, full respect for their fundamental individual rights and the observance of article 5 of the Universal Declaration of Human Rights,7/ under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment;

17. Reiterates its appreciation for the material and other forms of assistance that peoples under colonial and foreign rule continue to receive from Governments, United Nations agencies and intergovernmental organizations, and calls for a maximization of that assistance;

18. Further calls for a maximization of all forms of assistance given by all States, appropriate United Nations organs, specialized agencies and non-governmental organizations to the victims of racism, racial discrimination and apartheid through their national liberation movements recognized by the Organization of African Unity;

19. Takes note of Economic and Social Council decision 1979/39 of 10 May 1979, by which the Council decided that the studies on the historical and development of the right to self-determination on the basis of the Charter of the United Nations and other instruments adopted by United Nations organs, with particular reference to the promotion and protection of human rights and fundamental freedoms,8/ and on the implementation of United Nations resolutions relating to the right of peoples under colonial and alien domination to self-determination 9/ should be printed and given the widest possible distribution, including distribution in Arabic;

20. Requests the Secretary-General to give maximum publicity to the Declaration on the Granting of Independence to Colonial Countries and Peoples and to give the widest possible publicity to the struggle being waged by oppressed peoples for the realization of their self-determination and national independence;

21. Decides to consider this item again at its thirty-fifth session on the basis of reports which Governments, United Nations agencies and intergovernmental and non-governmental organizations have been requested to submit concerning the strengthening of assistance to colonial Territories and peoples under foreign domination and control.


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Notes


1/ A/34/367 and Add.1 and 2.
2/ A/34/389 and Corr.1, annexes I and II.
3/ A/34/542, annex.
4/ A/34/552, annex I, resolutions CM/Res.719 (XXXIII), CM/Res.720 (XXXIII) and CM/Res.725 (XXXIII).
5/ A/32/61, annex I.
6/ A/34/552, annex II, decision AHG/Dec.114 (XVI).
7/ Resolution 217 A (III).
8/ E/CN.4/Sub.2/404 (vols. I-III).
9/ E/CN.4/Sub.2/405/Rev.1; the study was published under the title The Right to Self-Determination (United Nations publication, Sales No. E.79.XIV.5).
Source: The United Nations.