Questions of American Samoa, Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Guam, Montserrat, Pitcairn, St. Helena, Tokelau, the Turks and Caicos Islands and the United States Virgin Islands, G.A. res. 50/38, U.N. Doc. A/RES/50/38 (1995).


 
 
 
                                         A
 
                                      GENERAL
 
      The General Assembly,
 
      Having considered the questions of the Non-Self-Governing Territories of
American Samoa, Anguilla, Bermuda, the British Virgin Islands, the Cayman
Islands, Guam, Montserrat, Pitcairn, St. Helena, Tokelau, the Turks and Caicos
Islands and the United States Virgin Islands, hereinafter "the Territories",
 
      Having examined the relevant chapter of the report of the Special
Committee on the Situation with regard to the Implementation of the
Declaration on the Granting of Independence to Colonial Countries and Peoples,
 
      Recognizing that 1995 is the fiftieth anniversary of the United Nations
and that decolonization is one of the proudest achievements of the
Organization,
 
      Recalling its resolution 1514 (XV) of 14 December 1960, containing the
Declaration on the Granting of Independence to Colonial Countries and Peoples,
and all resolutions and decisions of the United Nations relating to those
Territories, including, in particular, the resolutions adopted by the General
Assembly at its forty-ninth session on the individual Territories covered by
the present resolution,
 
      Recognizing that the specific characteristics and the sentiments of the
people of the Territories require flexible, practical and innovative
approaches to the options of self-determination, without any prejudice to
territorial size, geographical location, size of population or natural
resources,
 
      Recalling its resolution 1541 (XV) of 15 December 1960, containing the
principles that should guide Member States in determining whether or not an
obligation exists to transmit the information called for under Article 73 e of
the Charter of the United Nations,
 
      Conscious of the need to ensure the full and speedy implementation of
the Declaration in respect of the Territories, in view of the target set by
the United Nations to eradicate colonialism by the year 2000,
 
      Noting with appreciation the continuing exemplary cooperation of New
Zealand, as administering Power, in the work of the Special Committee, and
welcoming its statement that it will abide by the wishes of the population of
Tokelau in determining their future political status,
 
      Welcoming the stated position of the Government of the United Kingdom of
Great Britain and Northern Ireland that it continues to take seriously its
obligations under the Charter of the United Nations to develop self-government
in the dependent Territories and, in cooperation with the locally elected
Governments, to ensure that their constitutional frameworks continue to meet
the wishes of the people, and the emphasis that it is ultimately for the
peoples of the Territories to decide their future status,
 
      Aware of the special circumstances of the geographical location and
economic conditions of each Territory, and bearing in mind the necessity of
promoting economic stability and diversifying and strengthening further the
economies of the respective Territories as a matter of priority,
 
      Conscious of the particular vulnerability of the small Territories to
natural disasters and environmental degradation,
 
      Aware of the usefulness both to the Territories and to the Special
Committee of the participation of appointed and elected representatives of the
Territories in the work of the Special Committee,
 
      Expressing its conviction that referendums and other forms of popular
consultation on the future status of the Non-Self-Governing Territories are an
appropriate means of ascertaining the wishes of the peoples in those
Territories with regard to their future political status,
 
      Mindful that United Nations visiting missions provide one effective
means of ascertaining the situation in the Territories, and considering that
the possibility of sending further visiting missions to the Territories at an
appropriate time and in consultation with the administering Powers should be
kept under review,
 
      Mindful also that some Territories have not had any United Nations
visiting mission for a long period of time,
 
      Noting with appreciation the contribution to the development of some
Territories by specialized agencies and other organizations of the United
Nations system, in particular the United Nations Development Programme, as
well as regional institutions such as the Caribbean Development Bank,
 
      1.    Approves the chapter of the report of the Special Committee on the
Situation with regard to the Implementation of the Declaration on the Granting
of Independence to Colonial Countries and Peoples relating to the
Non-Self-Governing Territories of American Samoa, Anguilla, Bermuda, the
British Virgin Islands, the Cayman Islands, Guam, Montserrat, Pitcairn, St.
Helena, Tokelau, the Turks and Caicos Islands and the United States Virgin
Islands, hereinafter "the Territories";
 
      2.    Reaffirms the inalienable right of the people of the Territories
to self- determination, including independence, in conformity with the Charter
of the United Nations and General Assembly resolution 1514 (XV), containing
the Declaration on the Granting of Independence to Colonial Countries and
Peoples; 
 
      3.    Reaffirms also that it is ultimately for the people of the
Territories themselves to determine freely their future political status in
accordance with the relevant provisions of the Charter, the Declaration and
the relevant resolutions of the General Assembly, and in that connection calls
upon the administering Powers, in cooperation with the territorial
Governments, to facilitate programmes of political education in the
Territories in order to foster an awareness among the people of the
possibilities open to them in the exercise of their right to self-
determination, in conformity with the legitimate political status options
clearly defined in resolution 1541 (XV);
 
      4.    Requests the administering Powers to ascertain expeditiously, by
means of popular consultations, the wishes and aspirations of the peoples of
Non-Self- Governing Territories regarding their future political status so
that the Special Committee can review the status of the Territories in
accordance with the expressed wishes of the peoples of the Territories;
 
      5.    Also requests the administering Powers to facilitate the dispatch
of the United Nations visiting missions to the Non-Self-Governing Territories
regarding their future political status so that the Special Committee can
review the status of the Territories in accordance with the expressed wishes
of the peoples of the Territory;
 
      6.    Reaffirms the responsibility of the administering Powers under the
Charter to promote the economic and social development and to preserve the
cultural identity of the Territories, and recommends that priority continue to
be given, in consultation with the territorial Governments concerned, to the
strengthening and diversification of their respective economies;
 
      7.    Requests the administering Powers to take all necessary measures
to protect and conserve the environment of the Territories under their
administration against any environmental degradation, and requests the
specialized agencies concerned to continue to monitor environmental conditions
in those Territories;
 
      8.    Calls upon the administering Powers, in cooperation with the
respective territorial Governments, to continue to take all necessary measures
to counter problems related to drug trafficking, money laundering and other
offences;
 
      9.    Stresses that the achievement of the declared goal of eradication
of colonialism by the year 2000 requires full and constructive cooperation by
all parties concerned, and appeals to the administering Powers to continue to
give their full support to the Special Committee;
 
      10.   Urges Member States to contribute to the efforts of the United
Nations to usher in the twenty-first century in a world free of colonialism,
and calls upon them to continue to give their full support to the Special
Committee in its endeavours towards that noble goal;
 
      11.   Invites the specialized agencies and other organizations of the
United Nations system to initiate or to continue to take all necessary
measures to accelerate progress in the social and economic life of the
Territories;
 
      12.   Requests the Special Committee to continue the examination of the
question of the small Territories and to recommend to the General Assembly the
most suitable steps to be taken to enable the populations of those Territories
to exercise their right to self-determination, and to report thereon to the
Assembly at its fifty-first session.
 
 
                                         B
 
                              INDIVIDUAL TERRITORIES
 
                                I.  American Samoa
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Noting the fact that a large number of American Samoans have emigrated
to the United States of America and are residing there,
 
      Noting also the constitutional developments in the Territory,
 
      Noting further that the Territory, similar to isolated communities with
limited funds, continues to experience lack of adequate medical facilities and
other infrastructural requirements,
 
      Recalling the dispatch in 1981 of a United Nations visiting mission to
the Territory,
 
      1.    Requests the administering Power to carry out, at the earliest
possible date, a democratic exercise to ascertain the wishes of the people of
American Samoa regarding the future status of the Territory;
 
      2.    Calls upon the administering Power to continue to assist the
territorial Government in the economic and social development of the Territory
and the development of manpower resources.
 
 
                                   II.  Anguilla
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Noting that general elections were held in March 1994,
 
      Conscious of the commitment of both the Government of Anguilla and the
administering Power to a new and closer policy of dialogue and partnership
through the Country Policy Plan for 1993-1997,
 
      Aware that the exploitation of deep-sea resources would help reduce the
risk of depleting the Territory's own fishing resources as a result of
overfishing,
 
      Noting the need for continued cooperation between the administering
Power and the territorial Government in tackling the problems of drug
trafficking and money laundering,
 
      Recalling the dispatch in 1984 of a United Nations visiting mission to
the Territory,
 
      1.    Requests the administering Power to carry out, at the earliest
possible date, an exercise to ascertain the wishes of the people of Anguilla
regarding the future status of the Territory;
 
      2.    Requests all countries, organizations and United Nations agencies
with deep-sea fishing experience to assist the Territory in improving its
capacity in exploiting deep-sea fishing.
 
 
                                   III.  Bermuda
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Noting the results of the independence referendum held on 16 August
1995,
 
      Conscious of the different viewpoints of the political parties of the
Territory on the future status of the Territory,
 
      Noting the measures taken by the Government to combat racism and the
plan to set up a Commission for Unity and Racial Equality,
 
      Noting also the closure of the Canadian base in 1994 and the announced
plans of the United Kingdom of Great Britain and Northern Ireland and the
United States of America to close their respective air and naval bases in
Bermuda in 1995,
 
      Calls upon the administering Power to continue its programmes of
socio-economic development.
 
 
                            IV.  British Virgin Islands
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Noting the completion of the constitutional review in the Territory and
the coming into force of the amended Constitution, and noting also the results
of the general elections held on 20 February 1995,
 
      Noting further the results of the constitutional review of 1993-1994,
which made it clear that a prerequisite to independence must be a
constitutionally expressed wish by the people as a result of a referendum,
 
      Taking note of the statement by the Chief Minister of the British Virgin
Islands that the Territory was ready for constitutional and political
advancement towards full internal self-government and that the administering
Power should assist through gradual transfer of power to elected territorial
representatives,
 
      Noting that the Territory is emerging as one of the world's leading
off-shore financial centres,
 
      Noting also the need for continued cooperation between the administering
Power and the territorial Government in countering drug trafficking and money
laundering,
 
      1.    Requests the administering Power to continue the process for
facilitating the expression of the will of the people regarding the future
status of the Territory;
 
      2.    Also requests the administering Power, specialized agencies and
other organizations of the United Nations system and all financial
institutions to continue to provide assistance to the Territory for
socio-economic development and development of human resources, bearing in mind
the vulnerability of the Territory to external factors.
 
 
                                V.  Cayman Islands
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Noting the constitutional review of 1992-1993, according to which the
population expressed the sentiment that the existing relations with the United
Kingdom of Great Britain and Northern Ireland should be maintained and that
the current status of the Territory should not be altered,
 
      Noting also the actions taken by the territorial Government to implement
its localization programme to promote increased participation of the local
population in the decision-making process in the Cayman Islands,
 
      Noting with concern the vulnerability of the Territory to drug
trafficking and related activities, as well as the measures taken by the
authorities to deal with those problems,
 
      Noting that the Territory has emerged as one of the world's leading
off-shore financial centres,
 
      Recalling the dispatch in 1977 of a United Nations visiting mission to
the Territory,
 
      1.    Requests the administering Power to continue to provide the
territorial Government with all required expertise to enable it to achieve its
socio-economic aims;
 
      2.    Also requests the administering Power, in consultation with the
territorial Government, to continue to facilitate the expansion of the current
programme of securing employment for the local population, in particular at
the decision-making level;
 
      3.    Requests the specialized agencies and other organizations of the
United Nations system to continue and increase their programmes of assistance
to the Territory with a view to strengthening, developing and diversifying its
economy; 
 
      4.    Calls upon the administering Power and the territorial Government
to continue to cooperate to counter problems related to money laundering,
smuggling of funds and other related crimes, as well as drug trafficking.
 
 
                                     VI.  Guam
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Noting the results of the general elections held in November 1994,
 
      Recalling that, in a referendum held in 1987, the people of Guam
endorsed a draft Guam Commonwealth Act that would establish a new framework
for relations between the Territory and the administering Power, providing
internal self- government for Guam and recognition of the right of the people
of Guam to self- determination for the Territory,
 
      Aware of the continued negotiations between the administering Power and
the territorial Government on the draft Guam Commonwealth Act and on the
future status of the Territory, with particular emphasis on the question of
the evolution of the relationship between the United States of America and
Guam,
 
      Recalling the statement by the Special Representative of the United
States of America for Guam Commonwealth Issues on 12 December 1993 that the
Administration hoped to have comments on the Commonwealth Bill before Congress
by the end of 1994,
 
      Cognizant that the administering Power continues to implement its
programme of transferring surplus federal land to the Government of Guam,
 
      Noting that the people of the Territory have called for reform in the
programme of the administering Power with respect to the thorough and
expeditious transfer of land property to the people of Guam,
 
      Conscious that immigration into Guam has resulted in the indigenous
Chamorros becoming a minority in their homeland,
 
      Aware of the potential for diversifying and developing the economy of
Guam through commercial fishing and agriculture and other viable activities,
 
      Recalling the dispatch in 1979 of a United Nations visiting mission to
the Territory,
 
      1.    Calls upon the administering Power and the territorial Government
to expedite the early conclusion of the negotiations on the draft Guam
Commonwealth Act and on the future status of the Territory;
 
      2.    Requests the administering Power to continue to assist the elected
territorial Government in achieving its political, economic and social goals;
 
      3.    Also requests the administering Power, in cooperation with the
territorial Government, to continue the transfer of land to the people of the
Territory and to take the necessary steps to safeguard their property rights;
 
      4.    Further requests the administering Power to continue to recognize
and respect the political rights and the cultural and ethnic identity of the
Chamorro people and to take all necessary measures to respond to the concerns
of the territorial Government with regard to the immigration issue;
 
      5.    Requests the administering Power to continue to support
appropriate measures by the territorial Government aimed at promoting growth
in commercial fishing and agriculture and other viable activities.
 
 
                                 VII.  Montserrat
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Noting the functioning of a democratic process in Montserrat,
 
      Taking note of the reported statement of the Chief Minister that his
preference was for independence within a political union with the Organization
of Eastern Caribbean States and that self-reliance was more of a priority than
independence,
 
      Recalling the dispatch in 1982 of a United Nations visiting mission to
the Territory,
 
      1.    Requests the administering Power to conduct an appropriate
exercise, at the earliest possible date, to ascertain the will of the people
regarding the future status of the Territory;
 
      2.    Requests the specialized agencies and other organizations of the
United Nations system, as well as regional and other multilateral financial
institutions, to continue their assistance to the Territory in the
strengthening, development and diversification of the economy of Montserrat in
accordance with its medium- and long-term development plans.
 
 
                                  VIII.  Pitcairn
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Taking into account the unique nature of the Territory in terms of
population and area,
 
      Expressing its satisfaction with the continued economic and social
advancement of the Territory, as well as with the improvement of its
communications with the outside world and its management plan to address
conservation issues,
 
      Requests the administering Power to continue its assistance for
improvement of the economic, social, educational and other conditions of the
population of the Territory.
 
 
                                  IX.  St. Helena
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Aware of the request by the Legislative Council of St. Helena that the
administering Power conduct a constitutional review in the Territory,
 
      Taking into account the unique character of the Territory, its
population and its natural resources,
 
      Aware of the efforts of the administering Power and the territorial
authorities to improve the socio-economic conditions of the population of St.
Helena, in particular in the sphere of food production,
 
      1.    Requests the administering Power to conduct the constitutional
review in the Territory, taking into account the wishes of its population;
 
      2.    Requests the administering Power and relevant regional and
international organizations to continue to support the efforts of the
territorial Government to address the socio-economic development of the
Territory.
 
 
                                    X.  Tokelau
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Having heard the statements of the representative of New Zealand, the
administering Power, and the Special Representative of Tokelau, who conveyed a
message from the Council of Faipule (joint chairmen of the General Fono
(Council)) to the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples,
 
      Recalling the solemn declaration on the future status of Tokelau
delivered by the Ulu-o-Tokelau (highest authority of Tokelau) on 30 July 1994,
that an act of self-determination in Tokelau is now under active
consideration, together with the constitution of a self-governing Tokelau, and
that the present preference of Tokelau is for a status of free association
with New Zealand,
 
      Noting the emphasis placed in the solemn declaration on the terms of
Tokelau's intended free association relationship with New Zealand, including
the expectation that the form of help Tokelau could continue to expect from
New Zealand in promoting the well-being of its people, besides its external
interests, would be clearly established in the framework of that relationship,
 
      Noting also the Territory's concentrated focus in 1995 on strengthening
its national institutions and creating a structure of government to meet
modern needs, preparatory to the exercise by the people of Tokelau of their
right to self- determination,
 
      Acknowledging the endeavours of Tokelau to be self-reliant to the
greatest extent possible,
 
      Noting with appreciation the continuing exemplary cooperation of the
administering Power with regard to the work of the Special Committee on the
Situation with regard to the Implementation of the Declaration on the Granting
of Independence to Colonial Countries and Peoples relating to Tokelau and its
readiness to permit access by United Nations visiting missions to the
Territory,
 
      Recalling the dispatch in 1994 of a United Nations visiting mission to
Tokelau, 
 
      1.    Notes, on the basis of statements made by representatives of the
administering Power and Tokelau subsequent to the 1994 United Nations visiting
mission, that Tokelau is working towards an act of self-determination that
would result in Tokelau assuming a status in accordance with the options on
future status for Non-Self-Governing Territories contained in Principle VI of
the annex to General Assembly resolution 1541 (XV) of 15 December 1960;
 
      2.    Also notes the expressed wishes of the people of the Territory
indicating a strong preference for a status of free association with New
Zealand; 
 
      3.    Further notes the readiness of the people of Tokelau to assume
full governmental responsibility and to conduct their own affairs within the
framework of a constitution, which is currently being developed;
 
      4.    Welcomes the assurances of the Government of New Zealand that it
will meet its obligations to the United Nations with respect to Tokelau and
abide by the freely expressed wishes of the people of Tokelau with regard to
their future status;
 
      5.    Invites the administering Power and United Nations agencies to
continue their assistance to the social and economic development of Tokelau.
 
 
                           XI.  Turks and Caicos Islands
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Noting recent changes to the Constitution of the Territory and the
intention of the territorial Government to continue to campaign for further
constitutional changes,
 
      Noting also that general elections took place in the Territory on 31
January 1995,
 
      Noting further the policy of the authorities of maintaining a balance
between creating a more liberal investment environment and preserving access
by the population to economic benefits,
 
      Noting the increase in aid, in particular financial assistance, granted
to the territorial Government by the Government of the United Kingdom of Great
Britain and Northern Ireland,
 
      1.    Requests the administering Power to conduct, at the earliest
possible date, an appropriate exercise to ascertain the will of the people
regarding the future status of the Territory;
 
      2.    Calls upon the administering Power and the relevant regional and
international organizations to continue to support the efforts of the
territorial Government to address the socio-economic development of the
Territory.
 
 
                        XII.  United States Virgin Islands
 
      The General Assembly,
 
      Referring to resolution A above,
 
      Noting that general elections were held in November 1994,
 
      Noting also that a majority of those who voted in the referendum on the
political status of the Territory on 11 October 1993 supported the existing
territorial status arrangement with the United States of America,
 
      Noting further the continuing interest of the territorial Government in
seeking associate membership in the Organization of Eastern Caribbean States
and observer status in the Caribbean Community,
 
      Noting the necessity of further diversifying the Territory's economy,
 
      Noting also that the question of Water Island is still under
consideration,
 
      Noting further that in 1993 the territorial Government purchased the
assets of the West Indian Company, which had significant property and
development interests in the Charlotte Amalie Harbour,
 
      Recalling the dispatch in 1977 of a United Nations visiting mission to
the Territory,
 
      1.    Requests the administering Power to continue to assist the elected
territorial Government in achieving its political, economic and social goals;
 
      2.    Also requests the administering Power to facilitate the
participation of the Territory, as appropriate, in various organizations, in
particular the Organization of Eastern Caribbean States and the Caribbean
Community;
 
      3.    Welcomes the negotiations between the administering Power and the
territorial Government on the question of Water Island.
      

 

 



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