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UN Resolution 385

Adopted by the Security Council at its 1885th meeting on 30 January 1976

The Security Council,

Having heard the statement of the President of the United Nations Council
for Namibia,

Having considered the statement by Mr. Moses M. Garoeb, Administrative
Secretary of the South West Africa People's Organization,

Recalling General Assembly resolution 2145 (XXI) of 27 October 1966, by
which the Assembly terminated South Africa's Mandate over the Territory of
Namibia, and resolution 2248 (S-V) of 19 May 1967, by which it established a
United Nations Council for Namibia as well as all other subsequent resolutions
on Namibia, in particular resolution 3295 (XXIX) of 13 December 1974 and
resolution 3399 (XXX) of 26 November 1975,

Recalling its resolutions 245 (1968) of 25 January and 246 (1968) of 14
March 1968, 264 (1969) of 20 March and 269 (1969) of 12 August 1969, 276 (1970)
of 30 January, 282 (1970) of 23 July, 283 (1970) and 284 (1970) of 29 July 1970,
300 (1971) of 12 October and 301 (1971) of 20 October 1971, 310 (1972) of 4
February 1972 and 366 (1974) of 17 December 1974,

Recalling the advisory opinion of the International Court of Justice of 21
June 1971 that South Africa is under obligation to withdraw its presence from
the Territory,

Reaffirming the legal responsibility of the United Nations over Namibia,

Concerned at South Africa's continued illegal occupation of Namibia and its
persistent refusal to comply with the resolutions and decisions of the General
Assembly and the Security Council, as well as with the advisory opinion of the
International Court of Justice,

Gravely concerned at South Africa's brutal repression of the Namibian
people and its persistent violation of their human rights, as well as its
efforts to destroy the national unity and territorial integrity of Namibia and
its aggressive military build-up in the area,

Strongly deploring the militarization of Namibia by the illegal occupation
regime of South Africa,

1. Condemns the continued illegal occupation of the Territory of Namibia
by South Africa;

2. Condemns the continued illegal and arbitrary application by South
Africa of racially discriminatory and oppresssive laws and practices in Namibia;

3. Condemns the South African military build-up in Namibia and any
utilization of the Territory as a base for attacks on neighbouring countries;

4. Demands that South Africa put an end forthwith to its policy of
bantustans and the so-called homelands aimed at violating the national unity and
the territorial integrity of Namibia;

5. Further condemns South Africa's failure to comply with the terms of
Security Council resolution 366 (1974);

6. Further condemns all attempts by South Africa calculated to evade the
clear demand of the United Nations for the holding of free elections under
United Nations supervision and control in Namibia;

7. Declares that, in order that the people of Namibia may be enabled freely
to determine their own future, it is imperative that free elections under the
supervision and control of the United Nations be held for the whole of Namibia
as one political entity;

8. Further declares that, in determining the date, timetable and
modalities for the elections in accordance with paragraph 7 above there shall be
adequate time, to be decided upon by the Security Council, for the purpose of
enabling the United Nations to supervise and control such elections, as well as
to enable the people of Namibia to organize politically for the purpose of such
elections;

9. Demands that South Africa urgently make a solemn declaration accepting
the foregoing provisions for the holding of free elections in Namibia under
United Nations supervision and control, undertaking to comply with the
resolutions and decisions of the United Nations and with the advisory opinion of
the International Court of Justice of 21 June 1971 in regard to Namibia and
recognizing the territorial integrity and unity of Namibia as a nation;

10. Reiterates its demand that South Africa take the necessary steps to
effect the withdrawal, in accordance with Security Council resolutions 264
(1969), 269 (1969) and 366 (1974), of its illegal administration maintained in
Namibia and to transfer power to the people of Namibia with the assistance of
the United Nations;

11. Demands again that South Africa, pending the transfer of power provided
for in paragraph 10 above:

(a) Comply fully in spirit and in practice with the provisions of the
Universal Declaration of Human Rights;

(b) Release all Namibian political prisoners, including all those
imprisoned or detained in connexion with offences under so-called internal
security laws, whether such Namibians have been charged or tried or are held
without charge and whether held in Namibia or South Africa;

(c) Abolish the application in Namibia of all racially discriminatory and
politically repressive laws and practices, particularly bantustans and
homelands;

(d) Accord unconditionally to all Namibians currently in exile for
political reasons full facilities for return to their country without risk of
arrest, detention, intimidation or imprisonment;

12. Decides to remain seized of the matter and to meet on or before 31
August 1976 for the purpose of reviewing South Africa's compliance with the
terms of the present resolution and, in the event of non-compliance by South
Africa, for the purpose of considering the appropriate measures to be taken
under the Charter of the United Nations.

.