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From Trusteeship to Independence

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The Question of Namibia
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Abstract

In the previous chapter it was pointed out that under the mandates system of the League of Nations and the trusteeship system of the United Nations lay the principle of trusteeship which was intricately bound up with that of self-determination or independence. Trusteeship came prior to the other principles in the sense that praxis thereunder was considered to be a prerequisite for attaining self-determination or independence. However, there is good reason to believe that, while administering South West Africa under mandate, South Africa was working toward the goal of incorporating the territory rather than that of granting it independence eventually. Indeed, this was being done especially, but by no means exclusively, under the cover of Article 2, paragraph 2, of the South West Africa mandate and in the context of uncertainties of international supervision of the performance of the mandate as a consequence of the demise of the League of Nations and its supervisory organs.

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Notes

  1. Ruth First, South West Africa (Harmondsworth: Penguin, 1963), p. 198;

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  2. SWAPO, Department of Information, To Be Born a Nation: The Liberation Struggle for Namibia, London: Zed Press, 1981, p. 170.

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  3. Olga Levinson, Story of Namibia (Cape Town: Tafelberg Publishers, 1978), p. 68.

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  4. R.W. Imishue, South West Africa: An International Problem (London: Pall Mall Press, 1965), p. 53;

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  5. United Nations Institute for Namibia (UNIN), Namibia: A Direct United Nations Responsibility (Lusaka: UNIN, 1987), p. 179.

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  6. Paul Alpert, ‘Dependent Peoples’, in Richard N. Swift, ed., Annual Review of United Nations Affairs, 1961–1962 (New York: Oceana Publications, 1963), pp. 137–74.

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  7. See, for example, Muhammad Aziz Shukri, The Concept of Self-Determination in the United Nations (Damascus: Al Jididah Press, 1965), pp. 58–61.

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  8. In general, Resolutions of the General Assembly are ‘recommendations’ in nature because the Assembly has the competence to recommend; it is up to states to decide whether to comply or not. See Charles W. Yost, ‘The United Nations: Crisis of Confidence and Will’, Foreign Affairs, Vol. 45, No. 1, 1966, p. 31.

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  9. ‘South West Africa’, Africa Report, Vol, 12, No. 6, June 1967, p. 42; Anne Winslow, ed., ‘Issues Before the 22nd General Assembly’, International Conciliation, No. 465, September 1967, pp. 61–2.

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  10. International Defence and Aid Fund (IDAF), Defence and Aid Information Service Manual, No. 1 January–June 1967, p. 32.

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  11. Ibid., pp. 332–3; Anne Winslow, ed., ‘Issues Before the 24th General Assembly’, International Conciliation, No. 574, Special Issue, September 1969, p. 81. The Resolution was adopted by eleven votes to none; the UK, the USA, France and Finland abstained.

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  12. Patricia S. Rambach, ed., ‘Issues Before the 25th General Assembly’, International Conciliation, No. 579, Special Issue, September 1970, p. 90.

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  13. ICJ, Reports of Judgements, Advisory Opinions and Orders: Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276 (1970): Advisory Opinion of 21 June 1971, (The Hague: ICJ, 1971), p. 58. See also I.C.J. Yearbook, 1971, pp. 100–108.

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© 1996 Laurent C. W. Kaela

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Kaela, L.C.W. (1996). From Trusteeship to Independence. In: The Question of Namibia. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-24996-1_4

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