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THE BLACKSCHOLAR
APRIL,1974
by G. J. EDDY GOURAIGE
colonialpowersat the San FranciscoConference as regards the status of peoples who
were stillunder colonialdomination.Under
its provisionsthe colonial powers assumed,
among other things,the responsibility"to
promoteto the utmost. . . thewell-beingof
theinhabitants
Its incluoftheseterritories/*
sion into the Charterwithoutany means of
enforcement,however, set the stage for a
protractedstrugglewithinthe U. N. General
Assembly between the colonial and anticolonialpowersas to the precise meaningof
ChapterXI withrespectto "obligations"on
the partof the colonialpowers. The colonial
held the view that
powershave traditionally
the U. N. Chartermust be seen as a legal
contractwhose language is finaland, therefore,bindingupon all who become partyto
it. The anti-colonialpowers on the other
hand, givinga broad constructionto the U.
N. Charter,have argued that the Charter
should be viewed as an evolvingdocument
that should be subject to interpretation
to
take accountof changes in the international
politicalenvironment.
.Having broadly interpretedthe Charter,
the anti-colonialpowershave relied on Articles 10, 11, 14, and 22, thatoutlinethe powers and functionsof the General Assembly
underthe U. N. Charter,to defendthe competence of the General Assemblyin reference to decolonization.Makingeffectiveuse
ofthe GeneralAssembly'spowers"to discuss
any questions or any matterswithin the
THE BLACK SCHOLAR
APRIL, 1 974
scope of the presentCharter,"to "make recommendationsto the Members of the United Nationsor to the SecurityCouncil or to
bothon any such questionsor matters,"and
to "establish such subsidiaryorgans as it
deems necessaryforthe performanceof its
as outlinedin theaforementioned
functions,"
Articles of the Charter, the anti-colonial
powers proceeded to create the machinery
forthe implementation
of ChapterXI.
with
General
Beginning
Assemblyresolutiona(I) of9 February1946,whichrequested
the Secretary-General
to submita summary
of information
fromNSGTs to the General
Assembly,followed by subsequent resolutions establishingCommitteeson Information fromthe NSGTs, which were empowered to examineconditionsin the Territories
and make recommendationsto the General
Assembly,the U. N. began to develop the
machineryto implementChapter XI of the
Charter. As such, "the protectiveshield of
Article2(7)"1was strippedofitslegal mantle.
By resolutions421 D(V) and 545(VI), the
GeneralAssemblyrecognizedthe rightofall
This was made
peoples to self-determination.
even moreconcretewiththe passage ofGeneral Assemblyresolution637(VII) on 16 December1952, whichcalled upon all Member
States:
1- To recognizeand promotethe rightof
self-determination
of the peoples of the
NSGTs and Trust Territoriesunder their
administration.
2- To facilitatetheexerciseofthatrightby
thepeoples oftheseTerritories
in accordance
PAGE 1 7
APRIL, 1974
APRIL, 1974
PAGE 20
APRIL, 1974
THE BLACKSCHOLAR
APRIL,1974
power
Africa.
hasanpowerin Southern
Portugal
nounceda schemeto settleone million
whiteimmigrants
along the Zambezi to
the manpower
resourcesofthe
strengthen
statesofthesouth.13
white-minority
take appropriatemeasuresunderChapter
VII oftheCharter
has
to meetsucha threat,
ofthe
contributed
to therelativeimpotence
U. N. in its dealingswiththeissueofPorto note
It is important
tuguesecolonialism.
been
has
unthat
the
Council
here
Security
CONCLUSION
able to actin thisregardbecauseofthesuphas portwhichis givento Portugal
The issue of Portuguesecolonialism
byitsNATO
N.
the
U.
allies
who
of
the
since
are
members
of the
beena central
concern
permanent
in
the
member
the
veto
admissionof Portugalas a
by
SecurityCouncil.The use of
Afri- Portugal's
alliesin the Security
Councilhas
mid-fifties.
Since1960,afterPortugal's
to be NSGTs madeit virtually
forthatbodyto
can coloniesweredetermined
impossible
within
themeaning
ofChapterXI byresolu- deal seriouslywith the questionof Porhave tuguesecolonialism.
resolutions
The obstacleoftheveto
tion1542A (XV),numerous
theUniting
been passed that have condemnedPor- canonlybe removed
byinvoking
whichempowersthe
and havecalledforself- forPeace Resolution,
tuguesecolonialism
of
fortheAf- GeneralAssembly
toassumethefunctions
andindependence
determination
Councilas regardsthemainterican majoritiesin Angola,Guinea-Bissau theSecurity
and Mozambique.Portugalhas persistently nanceofinternational
peace and security.
Underthe UnitingforPeace Resolution,
It hasarguedthat
violatedtheseresolutions.
areclearlyultraviresofArti- the anti-colonial
theresolutions
powers,who makeup the
intheGeneralAssembly,
couldtake
it has madeno
cle 2(7). In thisconnection,
majority
to continuewaging some bold initiativestowardendingcolsecretof its intentions
onialismin Africa.First,theycouldimpose
colonialwarsin Africa.
on Portugal.In lightof
The essentialquestionwhich emerges economicsanctions
itwould
theRhodesian
is: Can theU. N.
fromtheabovediscussion
however,
experience,
do moretobringabouttheendofPortuguese be naive to expectthatthe applicationof
con- economicsanctionsagainstPortugalwould
in Africa?
It is thiswriter's
colonialism
tentionthatit can. The U. N. has several produce positive results. The nonwhichit cooperation
theCharter
of otherstateswhichcarryon
optionsopentoitwithin
in
ofthe tradewithand have large investments
has yetto exploitin itsconsideration
in
Africa.
be
would
colonialism
African
colonies
of
enough
Portugal's
Portuguese
question
thateffort.
To exercisethem,however,theU. N. must toundermine
Second,theycould
movefromsteriledebateto positiveaction. imposean armsembargoon Portugal.This
ofthe memThereare morethanenoughanti-Portugal wouldrequirethecooperation
to exresolutions
on thebooks.The tasknowis to bersofNATO.It wouldb unrealistic
it.
with
to
them
see to it thattheyare fullyimplemented.
Third,
they
along
pect
go
thatmemberstatessever
It seemsaccurateto arguethatcontinued couldrecommend
withPortugal.
relations
withU. N. re- diplomatic
Againthis
non-compliance
Portuguese
oftheNATO
has createda basis uponwhichit wouldrequirethecooperation
solutions
couldbe expelledfromtheworldorganiza- powers.Andthisis notlikelyto happenin
tionunderArticle6. This,however,would the foreseeablefuture.Fourth,theycould
To mymind,
a military
solution.
recommend
effect
onthecolonies.In
havenoappreciable
ofall the
fact,it couldbe arguedthatsuchan action thiswouldseemthemostrealistic
ofopinto becomeevenmore above.However,giventhediversity
wouldcausePortugal
ion whichexistsamongAfrican
states,it is
recalcitrant.
canbe madethat notlikelythattheycouldagreetoundertake
Secondly,theargument
actionagainst
Councilthusfarto anysortofcollectivemilitary
thefailure
oftheSecurity
itis highly
in itsAf- Portugal.
declarethatPortuguese
Moreover,
questionable
repression
a threattointerna- thatthe leadersof the nationalliberation
ricancoloniesconstitutes
togoalongwith
wouldbe willing
and thefailureto movements
tionalpeace and security,
PAGE 22
APRIL, 1974
APRIL, 1974
FOOTNOTES
1. YassinEl-Ayouty,The UnitedNationsand Decolonization:The Role ofAfro-Asia(New York:
1971), p. 40.
2. As quoted fromspeech deliveredby his excellencyDr. Rui Patricio,MinisterofForeignAffairsof Portugalin the General Debate of the
U. N. 27thGeneralAssembly,2 October1972,
p. 19.
3. Ronald Chilcote, Portuguese Africa, (Englewood Cliffs,New lersey: 1967), p. 48.
4. JamesDuffy,Portugalin Africa,(Baltimore,
Maryland:1963), p. 156.
5. Hugh Kay, Solazar and Modern Portugal,
(London: 1970), p. 219.
6. FrantzFanon, TowardtheAfricanRevolution,
(New York: 1967), p. 40.
7. Ibid., p. 33.
8. Ibid. , p. 34.
9. Chilcote,op. cit., p. 15.
10. Duffy,hoc. Cit.
11. As quoted fromRuthFirst,Portugal'sWarsin
Africa,(London: May 1971), p. 26.
12. Ibid.
13. Ibid., p. 27.
14. U. N. DocumentA/8723/
Add. 3, 1 September
1972, pp. 17-20.
15. A/RES./2918(XXVII),15 November1972.
PAGE 23