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dc-1228474Court UnsealedA/RES/57/138A
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General: Questions of American Samoa, Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Guam, Montserrat, Pitcairn, St. Helena, the Turks and Caicos Islands and the United States Virgin Islands
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A/RES/57/138 A-B
United Nations
Distr.: General
26 February 2003
General Assembly
Fifty-seventh session
Agenda item 19
Resolutions adopted by the General Assembly
[on the report of the Special Political and Decolonization Committee
(Fourth Committee) (A/57/528)]
57/138. Questions of American Samoa, Anguilla, Bermuda, the
British Virgin Islands, the Cayman Islands, Guam,
Montserrat, Pitcairn, St. Helena, the Turks and Caicos
Islands and the United States Virgin Islands
A
G ENERAL
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, the Turks and Caicos Islands and
the United States Virgin Islands, hereinafter referred to as “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, 1
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 fiftysixth session on the individual Territories covered by the present resolution,
Recognizing that the specific characteristics and the sentiments of the peoples
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
_______________
1
A/57/23 (Part II), chap. X. For the final text, see Official Records of the General Assembly, Fifty-seventh
Session, Supplement No. 23.
02 54735
A/RES/57/138 A-B
obligation exists to transmit the information called for under Article 73 e of the
Charter of the United Nations,
Expressing its concern that, more than forty years after the adoption of the
Declaration, there still remain a number of Non-Self-Governing Territories,
Acknowledging the significant achievements by the international community
towards the eradication of colonialism in accordance with the Declaration, and
conscious of the importance of continuing effective implementation of the
Declaration, taking into account the target set by the United Nations to eradicate
colonialism by 2010 and the plan of action for the Second International Decade for
the Eradication of Colonialism, 2
Noting the positive constitutional developments in some Non-Self-Governing
Territories about which the General Assembly has received information, while also
acknowledging the need for recognition to be given to expressions of selfdetermination by the peoples of the Territories consistent with practice under the
Charter,
Recognizing that in the decolonization process there is no alternative to the
principle of self-determination as enunciated by the General Assembly in its
resolutions 1514 (XV), 1541 (XV) and other resolutions,
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 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,
Welcoming also the stated position of the Government of the United States of
America that it supports fully the principles of decolonization and takes seriously its
obligations under the Charter to promote to the utmost the well-being of the
inhabitants of the Territories under United States administration,
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 Territories to natural disasters
and environmental degradation and, in this connection, bearing in mind the
programmes of action of the United Nations Conference on Environment and
Development, 3 the World Conference on Natural Disaster Reduction, 4 the Global
Conference on the Sustainable Development of Small Island Developing States, 5 the
International Conference on Population and Development, 6 the United Nations
_______________
2
A/56/61, annex.
See Report of the United Nations Conference on Environment and Development, Rio de Janeiro,
3–14 June 1992 (United Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I: Resolutions
adopted by the Conference.
4
See A/CONF.172/9, chap. I.
5
See Report of the Global Conference on the Sustainable Development of Small Island Developing States,
Bridgetown, Barbados, 25 April–6 May 1994 (United Nations publication, Sales No. E.94.I.18 and
corrigenda), chap. I.
6
Report of the International Conference on Population and Development, Cairo, 5–13 September 1994
(United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex.
3
2
A/RES/57/138 A-B
Conference on Human Settlements (Habitat II) 7 and other relevant world
conferences,
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,
Convinced that the wishes and aspirations of the peoples of the Territories
should continue to guide the development of their future political status and that
referendums, free and fair elections and other forms of popular consultation play an
important role in ascertaining the wishes and aspirations of the people,
Convinced also that any negotiations to determine the status of a Territory
must take place with the active involvement and participation of the people of that
Territory, and that the views of the peoples of the Non-Self-Governing Territories in
respect of their right to self-determination should be ascertained under the
supervision of the United Nations, on a case-by-case basis,
Recognizing that all available options for self-determination of the Territories
are valid as long as they are in accordance with the freely expressed wishes of the
peoples concerned and in conformity with the clearly defined principles contained
in resolutions 1514 (XV), 1541 (XV) and other resolutions of the General Assembly,
Mindful that United Nations visiting missions provide an 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, by holding a Pacific regional seminar at Nadi, Fiji, from 14
to 16 May 2002, the Special Committee was able to hear the views of the
representatives of the Territories, as well as Governments and organizations in the
region, in order to review the political, economic and social conditions in the
Territories,
Mindful further that, in order for the Special Committee to enhance its
understanding of the political status of the peoples of the Territories and to fulfil its
mandate effectively, it is important for it to be apprised by the administering Powers
and to receive information from other appropriate sources, including the
representatives of the Territories, concerning the wishes and aspirations of the
peoples of the Territories,
Recognizing the need for the Special Committee to embark actively on a public
awareness campaign aimed at assisting the peoples of the Territories in gaining an
understanding of the options of self-determination,
Mindful, in this connection, that the holding of regional seminars in the
Caribbean and Pacific regions and at Headquarters and other venues, with the active
participation of representatives of the Non-Self-Governing Territories, provides a
helpful means for the Special Committee to fulfil its mandate, and that the regional
nature of the seminars, which alternate between the Caribbean and the Pacific, is a
crucial element in their success, while recognizing the need for reviewing the role of
those seminars in the context of a United Nations programme for ascertaining the
political status of the Territories,
_______________
7
Report of the United Nations Conference on Human Settlements (Habitat II), Istanbul, 3–14 June 1996
(United Nations publication, Sales No. E.97.IV.6), chap. I, resolution 1, annex II.
3
A/RES/57/138 A-B
Mindful also that some Territories have not received a United Nations visiting
mission for a long time and that no visiting missions have been sent to some of the
Territories,
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, and regional
institutions such as the Caribbean Development Bank, the Caribbean Community,
the Organization of Eastern Caribbean States, the Pacific Islands Forum and the
agencies of the Council of Regional Organizations in the Pacific,
Noting that some territorial Governments have made efforts towards achieving
the highest standards of financial supervision, and noting also that some territorial
Governments have expressed concern about insufficient dialogue between them and
the Organisation for Economic Cooperation and Development on that matter,
Concerned that in 2001 economic growth slowed in many Non-Self-Governing
Territories, in particular in the tourism and construction sectors,
Recalling the ongoing efforts of the Special Committee in carrying out a
critical review of its work with the aim of making appropriate and constructive
recommendations and decisions to attain its objectives in accordance with its
mandate,
1.
Reaffirms the inalienable right of the peoples of the Territories to selfdetermination, including, if they so wish, independence, in conformity with the
Charter of the United Nations and with General Assembly resolution 1514 (XV),
containing the Declaration on the Granting of Independence to Colonial Countries
and Peoples;
2.
Reaffirms also that it is ultimately for the peoples 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 their
right to self-determination in conformity with the legitimate political status options,
based on the principles clearly defined in General Assembly resolution 1541 (XV);
3.
Reaffirms further that, in the process of decolonization, there is no
alternative to the principle of self-determination, which is also a fundamental human
right;
4.
Requests the administering Powers to transmit to the Secretary-General
information called for under Article 73 e of the Charter and other updated
information and reports, including reports on the wishes and aspirations of the
peoples of the Territories regarding their future political status as expressed in fair
and free referendums and other forms of popular consultation, as well as the results
of any informed and democratic processes consistent with practice under the Charter
that indicate the clear and freely expressed wish of the people to change the existing
status of the Territories;
5.
Stresses the importance for it to be apprised of the views and wishes of
the peoples of the Territories and to enhance its understanding of their conditions;
6.
Reaffirms that United Nations visiting missions to the Territories at an
appropriate time and in consultation with the administering Powers are an effective
means of ascertaining the situation in the Territories, and requests the administering
4
A/RES/57/138 A-B
Powers and the elected representatives of the peoples of the Territories to assist the
Special Committee on the Situation with regard to the Implementation of the
Declaration on the Granting of Independence to Colonial Countries and Peoples in
this regard;
7.
Reaffirms also 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;
8.
Requests the administering Powers, in consultation with the peoples of
the Territories, 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;
9.
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;
10. Notes the cooperative efforts of some Non-Self-Governing Territories to
address the problem of illegal drugs, with a focus on demand reduction, education,
treatment and legal issues;
11. Notes with concern that the plan of action for the first International
Decade for the Eradication of Colonialism 8 was not fully implemented by 2000, and
stresses the importance of implementing the plan of action for the Second Decade, 2
in particular through the development of work programmes for the decolonization of
each Non-Self-Governing Territory, on a case-by-case basis, including periodic
analyses of each Territory and the review of the impact of the economic and social
situation on the constitutional and political advancement of the Territories;
12. Calls upon the administering Powers to enter into constructive dialogue
with the Special Committee before the fifty-eighth session of the General Assembly
to develop a framework for the implementation of the provisions of Article 73 e of
the Charter and the Declaration on the Granting of Independence to Colonial
Countries and Peoples for the period 2001–2010;
13. Notes the particular circumstances that prevail in the Territories
concerned, and encourages the political evolution in them towards selfdetermination;
14. Urges Member States to contribute to the efforts of the United Nations to
usher in a world free of colonialism during the twenty-first century, and calls upon
them to continue to give their full support to the Special Committee in its
endeavours towards that noble goal;
15. 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 economic and social life of the Territories, and calls for closer
cooperation between the Special Committee and the Economic and Social Council
in furtherance of the provision of assistance to the Territories;
_______________
8
See A/46/634/Rev.1 and Corr.1, annex.
5
A/RES/57/138 A-B
16. Notes that some Non-Self-Governing Territories have expressed concern
at the procedure followed by one administering Power, contrary to the wishes of the
Territories themselves, namely, amending or enacting legislation for the Territories
through Orders in Council, while recognizing that such Orders in Council were
necessary for the administering Power to fulfil its international treaty obligations;
17. Takes note of statements made by the elected representatives of the
Territories concerned emphasizing their willingness to cooperate with all
international efforts aimed at preventing abuse of the international financial system
and to promote regulatory environments with highly selective licensing procedures,
robust supervisory practices and well-established anti-money-laundering regimes;
18. Calls for an enhanced and constructive dialogue between the
Organisation for Economic Cooperation and Development and the territorial
Governments concerned, with a view to achieving the highest standards of financial
supervision, and requests the administering Powers to assist those Territories in this
matter;
19. Requests the Secretary-General to report to the General Assembly on the
implementation of decolonization resolutions since the declaration of the
International Decade for the Eradication of Colonialism;
20. Requests the Special Committee to continue to examine the question of
the small Territories and to report thereon to the General Assembly at its fifty-eighth
session with recommendations on appropriate ways to assist the peoples of the
Territories in exercising their right to self-determination.
73rd plenary meeting
11 December 2002
B
I NDIVIDUAL T ERRITORIES
The General Assembly,
Referring to resolution A above,
I
American Samoa
Taking note of the report by the administering Power that most American
Samoan leaders express satisfaction with the Territory’s present relationship with
the United States of America,
Noting that the leaders of American Samoa, including the Governor and
Lieutenant Governor, are freely and fairly elected by the people, and that the general
elections held in the Territory in 2000 resulted in the re-election of the incumbent
Governor and Lieutenant Governor,
6
A/RES/57/138 A-B
Taking note with interest of the statement made on the political status of
American Samoa by the Lieutenant Governor of American Samoa at the Pacific
regional seminar, held at Nadi, Fiji, from 14 to 16 May 2002, 9
Noting that the Government of the Territory continues to have financial,
budgetary and internal control problems, but that it has recently taken steps to
increase revenues and decrease government expenditures,
Noting also that the Territory, similar to isolated communities with limited
funds, continues to experience a lack of adequate medical and other infrastructural
facilities,
Aware of the efforts of the Government of the Territory to control and reduce
expenditures, while continuing its programme of expanding and diversifying the
local economy,
1.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
2.
Notes that the Department of the Interior of the United States of America
provides that the Secretary of the Interior has administrative jurisdiction over
American Samoa;
3.
Takes note with interest of the statement delivered by the Territory’s
delegate to the United States Congress at the Caribbean regional seminar, held at
Havana from 23 to 25 May 2001, 10 in which he indicated that he was not aware that
the administering Power had selected American Samoa to be reviewed under the
case-by-case informal method adopted by the Special Committee on the Situation
with regard to the Implementation of the Declaration on the Granting of
Independence to Colonial Countries and Peoples and the administering Power;
4.
Calls upon the administering Power to continue to assist the territorial
Government in the economic and social development of the Territory, including
measures to rebuild financial management capabilities and strengthen other
governmental functions of the Government of the Territory;
5.
Welcomes the invitation extended to the Special Committee by the
Governor of American Samoa to send a visiting mission to the Territory;
II
Anguilla
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 Strategic Country Programme 2000–2003,
Aware of the efforts of the Government of Anguilla to continue to develop the
Territory as a viable offshore centre and well-regulated financial centre for
_______________
9
See A/57/23 (Part I), chap. II, annex, para. 31. For the final text, see Official Records of the General
Assembly, Fifty-seventh Session, Supplement No. 23.
10
See Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 23 (A/56/23),
chap. II, annex, para. 31.
7
A/RES/57/138 A-B
investors, by enacting modern company and trust laws, as well as partnership and
insurance legislation, and computerizing the company registry system,
Noting the need for continued cooperation between the administering Power
and the territorial Government in tackling the problems of drug trafficking and
money-laundering,
1.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
2.
Calls upon the administering Power and all States, organizations and
United Nations agencies to continue to assist the Territory in social and economic
development;
3.
Welcomes the Country Cooperation Framework of the United Nations
Development Programme for the period 1997–1999 and its extension currently
being implemented following consultations with the territorial Government and key
development partners in the United Nations system and the donor community, and
also welcomes the inclusion of the Territory by the United Nations Development
Programme in its 2001–2003 subregional cooperation framework for the countries
members of the Organization of Eastern Caribbean States and Barbados;
4.
Takes note of the assessment by the Caribbean Development Bank, in its
2000 report on the Territory, that growth slowed to 1 per cent in 2000 from
7.5 per cent in 1999 as a result of damage caused by hurricane Lenny; that tourism,
the largest contributor to the gross domestic product, declined following the closure
of several hotels, with the resultant negative impact on employment; that the
cessation of aluminium trans-shipment to Europe eroded government revenue; and
that medium-term growth prospects remained favourable given the expected
recovery in the tourism sector;
5.
Notes that the Caribbean Development Bank, in its study entitled
“International and regional economic background in 2001 and prospects”, noted that
the Territory experienced improved performance in 2001, when a 2 per cent rate of
expansion represented a recovery from the contraction in 2000 caused by hurricane
damage;
6.
Welcomes the signing of a memorandum of understanding between the
Caribbean Development Bank and the United Kingdom of Great Britain and
Northern Ireland to conduct a country poverty assessment for the Territory;
7.
Also welcomes the establishment of the constitutional reform process,
which puts emphasis on public information and education and is expected to create a
participatory environment in which changes to the Constitution effective in the
Territory can be formulated and recommended to the administering Power, pursuant
to the recommendations as stated in its White Paper entitled “Partnership for
Progress and Prosperity: Britain and the Overseas Territories”; 11
8.
Further welcomes the convening in the Territory in June 2002 of the
thirty-fifth meeting of the Authority of the Organization of Eastern Caribbean
States, in which the Territory enjoys associate membership;
_______________
11
8
A/AC.109/1999/1 and Corr.1, annex.
A/RES/57/138 A-B
III
Bermuda
Noting the results of the independence referendum held on 16 August 1995,
and conscious of the different viewpoints of the political parties of the Territory on
the future status of the Territory,
Noting also the discussions between the Territory and the administering Power
on internal constitutional changes,
1.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
2.
Calls upon the administering Power to continue to work with the
Territory for its socio-economic development;
3.
Welcomes the agreement reached in June 2002 between the United States
of America, the United Kingdom of Great Britain and Northern Ireland and the
Territory formally transferring the former military base lands to the territorial
Government, and the provision of financial resources to address some of the
environmental problems;
4.
Also welcomes the accession of the Territory to associate membership in
the Caribbean Community;
IV
British Virgin Islands
Noting the last constitutional review in the Territory, conducted by the
administering Power in 1993–1994, the coming into force of the amended
Constitution, and the appointment by the territorial Government of a committee to
assess the implications of independence for the implementation of a
recommendation of the 1993 review,
Noting also the results of the constitutional review of 1993–1994, which made
it clear that a prerequisite to independence must be a constitutionally expressed wish
of the people as a result of a referendum,
Taking note of the motion adopted by the Legislative Council in March 2002,
requesting the administering Power to appoint a commission to review the
Constitution with the aim of modernizing it, paying specific attention to the creation
of a sixth ministerial post, the standing of the Territory’s “belonger” status and the
devolution of power from the representative of the administering Power to the
elected Government,
Noting that the Territory continues to emerge as one of the world’s leading
offshore financial centres, and that the financial services sector is becoming the
cornerstone of the Government’s recurrent budget, accounting for over 50 per cent
of government revenue, and also noting the establishment of the Financial Services
Commission,
Noting also the need for continued cooperation between the administering
Power and the territorial Government in countering drug trafficking and moneylaundering, and further noting that the Territory hosted a meeting of the British
Overseas Territories’ Drug Prevention Conference in January 2002,
9
A/RES/57/138 A-B
Noting further that the Territory commemorated its annual British Virgin
Islands-United States Virgin Islands Friendship Day on 11 May 2002 in official
ceremonies held in Tortola,
1.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
2.
Requests the administering Power, the specialized agencies and other
organizations of the United Nations system and all financial institutions to continue
to provide the Territory with assistance for socio-economic development and the
development of human resources, bearing in mind the vulnerability of the Territory
to external factors;
3.
Takes note of the adoption by the Legislative Council of the Territory of
the Corporal Punishment Abolition Act 2000, which brought to an end the exercise
of such a power by the court or other authority;
4.
Welcomes the completion of the airport terminal facility, which was the
largest capital project of the Government;
5.
Also welcomes the convening in the Territory in 2001 of a summit of
elected leaders of Caribbean Territories, which addressed issues of constitution and
governance, immigration and nationality, human rights, social development, civil
aviation and safety, and environmental issues;
V
Cayman Islands
Noting the formation for the first time of a political party in the Territory and
the subsequent change of government in November 2001,
Aware that the Territory has one of the highest per capita incomes in the
region, a stable political climate and virtually no unemployment,
Noting the actions taken by the territorial Government to implement its
localization programme to promote increased participation by the local population
in the decision-making process in the Cayman Islands,
Noting with concern the vulnerability of the Territory to drug trafficking,
money-laundering and related activities, and noting the measures taken by the
authorities to deal with those problems,
Noting also that the Territory has emerged as one of the world’s leading
offshore financial centres,
Noting further the approval by the Cayman Islands Legislative Assembly of
the Territory’s Vision 2008 Development Plan, which aims to promote development
that is consistent with the aims and values of Caymanian society,
Welcoming the convening in the Territory in September 2001 of the Human
Rights Today Caribbean Symposium,
1.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
10
A/RES/57/138 A-B
2.
Takes note of the adoption by the Legislative Assembly in 2001 of a
referendum law, which confirmed that only a referendum makes it possible for the
electorate to give a clear judgement on a single issue of immediate relevance and
that the Constitution of the Cayman Islands can be amended only through a
referendum;
3.
Requests the administering Power, the specialized agencies and other
organizations of the United Nations system to continue to provide the territorial
Government with all required expertise to enable it to achieve its socio-economic
aims;
4.
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;
5.
Welcomes the implementation of the Country Cooperation Framework of
the United Nations Development Programme for the Territory, which is designed to
ascertain national development priorities and United Nations assistance needs;
6.
Notes the negative impact on the economy of the Territory of the
slowdown in economic performance in the world, as well as the determination of the
new Government to modernize the economic structure and intensify the
implementation of its financial management initiative;
7.
Welcomes the accession of the Territory to associate membership in the
Caribbean Community;
8.
Also welcomes the completion of the report of the Constitutional Review
Commission, which conducted an extensive review of the current Constitution, and
the recommended changes, following public discussions with community groups
and individuals, pursuant to the recommendations of the administering Power as
stated in its White Paper entitled “Partnership for Progress and Prosperity: Britain
and the Overseas Territories”.11
VI
Guam
Recalling that, in a referendum held in 1987, the registered and eligible voters
of Guam endorsed a draft Guam Commonwealth Act that would establish a new
framework for relations between the Territory and the administering Power,
providing for a greater measure of internal self-government for Guam and
recognition of the right of the Chamorro people of Guam to self-determination for
the Territory,
Recalling also 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 the Non-SelfGoverning Territories, in particular, General Assembly resolutions 56/72 A and B of
10 December 2001,
Recalling further the requests by the elected representatives and nongovernmental organizations of the Territory that Guam not be removed from the list
of the Non-Self-Governing Territories with which the Special Committee is
concerned, pending the self-determination of the Chamorro people and taking into
account their legitimate rights and interests,
11
A/RES/57/138 A-B
Aware that negotiations between the administering Power and the territorial
Government on the draft Guam Commonwealth Act are no longer continuing and
that Guam has established the process for a self-determination vote by the eligible
Chamorro voters,
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, unconditional
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,
Noting the proposed closing and realigning of four United States Navy
installations on Guam and the request for the establishment of a transition period to
develop some of the closed facilities as commercial enterprises,
Recalling the dispatch in 1979 of a United Nations visiting mission to the
Territory, and noting the recommendation of the 1996 Pacific regional seminar for
sending a visiting mission to Guam, 12
Taking note with interest of the statements made and the information on the
political and economic situation in Guam provided by the representatives of the
Territory to the Pacific regional seminar, held at Nadi, Fiji, from 14 to 16 May
2002, 13
Concerned that the latest census figures in the Territory show that the
percentage of persons living in poverty increased from 14 per cent in 1990 to
23 per cent in 2000,
1.
Requests the administering Power to work with Guam’s Commission on
Decolonization for the Implementation and Exercise of Chamorro SelfDetermination with a view to facilitating Guam’s decolonization and to keep the
Secretary-General informed of the progress to that end;
2.
Calls upon the administering Power to take into consideration the
expressed will of the Chamorro people as supported by Guam voters in the
plebiscite of 1987 and as provided for in Guam law, encourages the administering
Power and the territorial Government of Guam to enter into negotiations on the
matter, and requests the administering Power to inform the Secretary-General of
progress to that end;
3.
Requests the administering Power to continue to assist the elected
territorial Government in achieving its political, economic and social goals;
4.
Also requests the administering Power, in cooperation with the territorial
Government, to continue to transfer land to the original landowners of the Territory;
_______________
12
See A/AC.109/2058, para. 33 (20).
See A/57/23 (Part I), chap. II, annex, para. 39. For the final text, see Official Records of the General
Assembly, Fifty-seventh Session, Supplement No. 23.
13
12
A/RES/57/138 A-B
5.
Further requests the administering Power to continue to recognize and
respect the political rights and the cultural and ethnic identity of the Chamorro
people of Guam, and to take all necessary measures to respond to the concerns of
the territorial Government with regard to the question of immigration;
6.
Requests the administering Power to cooperate in establishing
programmes specifically intended to promote the sustainable development of
economic activities and enterprises, noting the special role of the Chamorro people
in the development of Guam;
7.
Also requests the administering Power to continue to support appropriate
measures by the territorial Government aimed at promoting growth in commercial
fishing and agricultural and other viable activities;
VII
Montserrat
Noting that elections to the Legislative Council were held in the Territory in
2001, resulting in the assumption of office by the New People’s Liberation
Movement,
Taking note with interest of the statements made and the information on the
political and economic situation in Montserrat provided by the elected
representative of the Territory to the Caribbean regional seminar, held at Havana
from 23 to 25 May 2001, 14
Noting that the last visiting mission to the Territory was dispatched in 1982,
Noting with concern the dire consequences of a volcanic eruption, which led to
the evacuation of three quarters of the Territory’s population to safe areas of the
island and to areas outside the Territory, in particular Antigua and Barbuda and the
United Kingdom of Great Britain and Northern Ireland, and which continues to have
a negative impact upon the economy of the island,
Welcoming the continued assistance provided to the Territory by States
members of the Caribbean Community, in particular Antigua and Barbuda, which
has offered safe refuge and access to educational and health facilities, as well as
employment for thousands who have left the Territory,
Noting the efforts of the administering Power and the Government of the
Territory to meet the emergency situation caused by the volcanic eruption, including
the implementation of a wide range of contingency measures for both the private
and the public sectors in Montserrat,
Noting also the coordinated response measures taken by the United Nations
Development Programme and the assistance of the United Nations disaster
management team,
Noting with concern that a number of the inhabitants of the Territory continue
to live in shelters because of volcanic activity,
Welcoming the inclusion of the Territory by the United Nations Development
Programme in its 2001–2003 subregional cooperation framework for the countries
members of the Organization of Eastern Caribbean States and Barbados,
_______________
14
See Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 23 (A/56/23),
chap. II, annex, para. 34.
13
A/RES/57/138 A-B
Noting the establishment in 2001 of the Montserrat Financial Services
Commission, which is responsible for the licensing and supervision of all financial
services, with the exception of domestic banks,
1.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
2.
Calls upon the administering Power, the specialized agencies and other
organizations of the United Nations system as well as regional and other
organizations to continue to provide urgent emergency assistance to the Territory in
alleviating the consequences of the volcanic eruption;
3.
Welcomes the support of the Caribbean Community in the construction of
housing in the safe zone to alleviate a shortage caused by the environmental and
human crisis of the eruption of the Montsoufriere volcano, as well as the material
and financial support from the international community to help alleviate the
suffering caused by the crisis;
4.
Also welcomes the Chief Minister’s 2002 budget presentation, in which
he noted that in 2001, for the first time in seven years, the economy of Montserrat
experienced positive growth, from a negative rate of 5.43 per cent in 2000 to
0.4 per cent in 2001, the implementation of several major public works projects
accounting for growth in the construction sector;
5.
Takes note of the statement of the Chief Minister that his Government
would explore the possibilities of securing additional finance from sources other
than the Government of the United Kingdom of Great Britain and Northern Ireland,
and that the main sources under consideration were the Caribbean Development
Bank and the European Investment Bank;
6.
Welcomes the establishment of the Constitutional Review Commission,
which will embark on a public education programme on the Constitution, ascertain
the views of the population and make recommendations to the administering Power
on changes which may be envisaged, pursuant to the recommendations as stated in
its White Paper entitled “Partnership for Progress and Prosperity: Britain and the
Overseas Territories”;11
VIII
Pitcairn
Taking into account the unique nature of Pitcairn in terms of population and
area,
Welcoming the participation of an expert from Pitcairn for the first time in the
Pacific regional seminar, held at Nadi, Fiji, from 14 to 16 May 2002,
1.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
2.
Also requests the administering Power to continue its assistance for the
improvement of the economic, social, educational and other conditions of the
population of the Territory;
14
A/RES/57/138 A-B
3.
Calls upon the administering Power to continue its discussions with the
representatives of Pitcairn on how best to support their economic security;
IX
St. Helena
Taking into account the unique character of St. Helena, its population and its
natural resources,
Noting that a Commission of Inquiry into the Constitution appointed at the
request of the Legislative Council of St. Helena reported its recommendations in
March 1999, and that the Legislative Councillors are currently considering its
recommendations,
Aware of the establishment by the territorial Government of the Development
Agency in 1995 to encourage private sector commercial development on the island,
Also 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, continuing high
unemployment and limited transport and communications, and calls for continuing
negotiations to allow access to Ascension Island by civilian charter flights,
Noting with concern the problem of unemployment on the island and the joint
action of the administering Power and the territorial Government to deal with it,
1.
Welcomes the commitment of the administering Power to consider
carefully suggestions for specific proposals for constitutional change made by
territorial Governments, as stated in its White Paper entitled “Partnership for
Progress and Prosperity: Britain and the Overseas Territories”; 11
2.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
3.
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 challenges, including the high
unemployment and the limited transport and communications problems;
X
Turks and Caicos Islands
Noting that the People’s Democratic Movement was elected to power in the
Legislative Council elections held in March 1999,
Also noting the efforts by the Government of the Territory to strengthen
financial management in the public sector, including efforts to increase revenue,
Noting with concern the vulnerability of the Territory to drug trafficking and
related activities, as well as its problems caused by illegal immigration,
Noting the need for continued cooperation between the administering Power
and the territorial Government in countering drug trafficking and money-laundering,
Welcoming the assessment by the Caribbean Development Bank in its 2000
report that the economic performance of the Territory remained strong, with an
15
A/RES/57/138 A-B
increase in gross domestic product estimated at 8 per cent, reflecting strong growth
in the tourism and construction sectors,
Also welcoming the convening in the Territory in January 2002 of the
fourteenth meeting of the Bureau of the Caribbean Community, a regional
organization in which the Territory enjoys associate membership,
1.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
2.
Invites the administering Power to take fully into account the wishes and
interests of the Government and the people of the Turks and Caicos Islands in the
governance of the Territory;
3.
Welcomes the establishment of the Constitutional Review Commission,
which will embark on a public education programme on the Constitution, ascertain
the views of the population and make recommendations to the administering Power
on changes which may be envisaged, pursuant to the recommendations as stated in
its White Paper entitled “Partnership for Progress and Prosperity: Britain and the
Overseas Territories; 11
4.
Calls upon the administering Power and the relevant regional and
international organizations to continue to provide assistance for the improvement of
the economic, social, educational and other conditions of the population of the
Territory;
5.
Also 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;
6.
Welcomes the first Country Cooperation Framework approved by the
United Nations Development Programme for the period 1998–2002, which should,
inter alia, assist in the development of a national integrated development plan that
will put in place procedures for determining the national development priorities over
ten years, the focus of attention being on health, population, education, tourism and
economic and social development;
XI
United States Virgin Islands
Taking note with interest of the statements made and the information provided
by the representative of the Governor of the Territory to the Pacific regional
seminar, held at Nadi, Fiji, from 14 to 16 May 2002, 15
Noting 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 and the current request by the Territory to the
administering Power for the delegation of authority to proceed,
Noting also the necessity of further diversifying the economy of the Territory,
_______________
15
A/57/23 (Part I), chap. II, annex, para. 38. For the final text, see Official Records of the General
Assembly, Fifty-seventh Session, Supplement No. 23.
16
A/RES/57/138 A-B
Noting further the efforts of the Government of the Territory to promote the
Territory as an offshore financial services centre,
Recalling the dispatch in 1977 of a United Nations visiting mission to the
Territory,
Noting that the Territory commemorated its annual British Virgin IslandsUnited States Virgin Islands Friendship Day on 11 May 2002 in official ceremonies
on St. Thomas,
1.
Requests the administering Power, bearing in mind the views of the
people of the Territory ascertained through a democratic process, to keep the
Secretary-General informed of the wishes and aspirations of the people regarding
their future political status;
2.
Also requests the administering Power to continue to assist the territorial
Government in achieving its political, economic and social goals;
3.
Further requests the administering Power to facilitate the participation of
the Territory, as appropriate, in various organizations, in particular the Organization
of Eastern Caribbean States, the Caribbean Community and the Association of
Caribbean States;
4.
Notes with satisfaction that continuing measures being taken by the
elected territorial Government have eased the fiscal crisis, and calls upon the
administering Power to continue to provide every assistance required by the
Territory to further alleviate the difficult economic situation, including, inter alia,
the provision of debt relief and loans;
5.
Notes with interest the entering into force in 2001 of the joint
memorandum of cooperation on the exchange of artefacts between the Territory and
Denmark, the Territory’s former administering Power, as a companion agreement to
the 1999 memorandum for the repatriation of archival material from the Danish
colonial period, consistent with the Durban Declaration and Programme of Action,
adopted by the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance on 8 September 2001, 16 and requests the United
Nations Educational, Scientific and Cultural Organization, under its records and
archives management programme, to assist the Territory in carrying out its archival
and artefacts initiative;
6.
Notes the position of the territorial Government opposing the assumption
by the administering Power of submerged land in territorial waters, having regard to
relevant resolutions of the General Assembly on the ownership and control of
natural resources, including marine resources, by the people of the Non-SelfGoverning Territories, and its calls for the return of those marine resources to the
people of the Territory;
7.
Notes with concern that the last census figures for the Territory indicate
that 32.5 per cent of the population is living in poverty, and that 47 per cent of
children on St. Croix and 33 per cent of children on St. Thomas live in poverty.
73rd plenary meeting
11 December 2002
_______________
16
See A/CONF.189/12 and Corr.1, chap. I.
17
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