United Nations
General Assembly Resolution 1541
1541 (XV). Principles which should guide Members in determing 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, 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 od each case to determine whether or not an
obligation exists to transmit information under Article 73 e of the
Charter.
948th plenary meeting,
15th December 1960.
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 our 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 distinct ethnically and/or
culturally from the country administrating 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
State 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
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;
(b) The integration should be the result of 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 73 e of the Charter refers
are those arising from constitutional relations of the territory with the
Administrating 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.
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