General Assembly — Fifteenth Session
Resolutions adopted on the reports of the Fourth Committee
1541 (XV). Principles which should guide Members in
determining whether or not an obligation exists to transmit the information
called for under Article 73 e of the Charter
The General Assembly,
Considering the
objectives set forth in Chapter XI of the Charter of the United Nations,
Bearing in mind the list of factors annexed to General Assembly resolution 742
(VIII) of 27 November 1953,
Having examined the report of the Special Committee of Six on the Transmission of
Information under Article 73 e of the Charter,12
appointed under General Assembly resolution 1467 (XIV) of 12 December 1959 to
study the principles which should guide Members in determining whether or not
an obligation exists to transmit the information called for in Article 73 e
of the Charter and to report on the results of its study to the Assembly at its
fifteenth session,
1. Expresses its
appreciation of
the work of the Special
Committee of Six on the Transmission of Information under Article 73 e
of the Charter;
2. Approves
the principles set out in section V, part B, of the report of the
Committee, as amended and as they appear in the annex to the present
resolution;
3. Decides that
these principles
should be applied in the light of the facts and the circumstances
of each case to determine whether or not an obligation exists to transmit
information under Article 73 e of the Charter.
948th plenary meeting,
ANNEX
Principles which should guide Members in
determining whether or not an obligation exists to transmit the information
called for in article 73 e of the charter of the United Nations
Principle I
The authors of the Charter of the United Nations had in mind that
Chapter XI should be applicable to territories which were then known to be of the
colonial type. An obligation exists to transmit information under Article 73
e of the Charter in respect of such territories whose peoples have not yet
attained a full
measure of
self-government.
Principle II
Chapter XI of the Charter embodies the concept of
Non-Self-Governing Territories in a dynamic state of evolution and progress
towards a "full measure of self-government". As soon as a territory
and its peoples attain a full measure of self-government, the obligation
ceases. Until this comes about, the obligation to transmit information under
Article 73 e continues.
Principle III
The obligation to transmit information under Article 73 e
of the Charter constitutes an international obligation and should be carried
out with due regard to the fulfilment of
international law.
Principle IV
Prima facie there
is an obligation to transmit information in respect of a territory which is
geographically separate and is distinct ethnically and/or culturally from the
country administering it.
Principle V
Once it has been established that such a prima facie case
of geographical and ethnical or cultural distinctness of a territory exists,
other elements may then be brought into consideration. These additional
elements may be, inter alia, of an administrative, political, juridical,
economic or historical nature. If they affect the relationship between the
metropolitan Slate and the territory concerned in a manner which arbitrarily
places the latter in a position or status of subordination, they support the
presumption that there is an obligation to transmit information under Article 73
e of the Charter.
Principle VI
A Non-Self-Governing Territory can be said to have reached a full
measure of self-government by:
(a) Emergence as a
sovereign independent State;
(b) Free association with an independent
State; or
(c) Integration with an
independent State.
Principle VII
(a) Free association
should be the
result of a free
and voluntary choice by
the peoples of
the territory concerned expressed through informed and
democratic processes. It should be one which respects the individuality and the
cultural characteristics of the territory and its peoples, and
retains for the peoples of the
territory which is associated with an independent State the freedom to modify
the status of that territory through the expression of their will by democratic
means and through constitutional processes.
(b) The associated territory should
have the right to determine its internal constitution without outside
interference, in accordance with due
constitutional processes and
the freely expressed wishes of
the people. This does not preclude consultations as appropriate or necessary
under the terms of the free association agreed upon.
Principle VIII
Integration with an independent State should be on the basis of
complete equality between the peoples of the erstwhile Non-Self-Governing
Territory and those of the independent country with which it is integrated. The
peoples of both territories should have equal status and rights of citizenship
and equal guarantees of fundamental rights and freedoms without any distinction
or discrimination; both should have equal rights and opportunities for
representation and effective participation at all levels in the executive,
legislative and judicial organs of government.
Principle IX
Integration should have come about in the following circumstances :
(a) The integrating territory should have attained an advanced stage
of self-government with free political institutions, so that its peoples would
have the capacity to make a responsible choice through informed and democratic
processes;
(6) The integration should be the result of the freely expressed
wishes of the territory's peoples acting with full knowledge of the change in
their status, their wishes having been expressed through informed and
democratic processes, impartially conducted and based on universal adult
suffrage. The United Nations could, when it deems it necessary, supervise these processes.
Principle X
The transmission of information in respect of Non-Self-Governing
Territories under Article 73 e of the Charter is subject to such limitation as
security and constitutional considerations may require. This means that the
extent of the information may be limited in certain circumstances, but the
limitation in Article 73 e cannot relieve a Member State of the obligations of
Chapter XI. The "limitation" can relate only to the quantum of information
of economic, social and educational nature to be transmitted.
Principle XI
The only constitutional considerations to which Article 73 e of
the Charter refers are those arising from constitutional relations of the
territory with the Administering Member. They refer to a situation in which the
constitution of the territory gives it self-government in economic, social and
educational matters through freely elected institutions. Nevertheless, the
responsibility for transmitting information under Article 73 e continues,
unless these constitutional relations preclude the Government or parliament of
the Administering Member from receiving statistical and other information of a
technical nature relating to economic, social and educational conditions in the
territory.
Principle XII
Security considerations have not been invoked in the past. Only in
very exceptional circumstances can information on economic, social and
educational conditions have any security aspect. In other circumstances,
therefore, there should be no necessity to limit the transmission of
Information on security grounds.
12 Ibid., agenda item 38, document A/4S26.