Security Council resolution 539 (1983) [rejecting South Africa's insistence on linking the independence of Namibia to irrelevant and extraneous issues as incompatible with resolution 435 (1978)]
Symbol: S/RES/539(1983)
Date: 1983-10-28
Status: adopted
Subjects: MILITARY OCCUPATION|SOUTH AFRICA|ELECTIONS|NAMIBIA|SELF-DETERMINATION OF PEOPLES|NAMIBIA QUESTION
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GUYANA
vote: yes
country: JORDAN
vote: yes
country: MALTA
vote: yes
country: NETHERLANDS
vote: yes
country: NICARAGUA
vote: yes
country: PAKISTAN
vote: yes
country: POLAND
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: abstention
country: USSR
vote: yes
country: ZAIRE
vote: yes
country: ZIMBABWE
vote: yes

Resolution 539 (1983)
of 28 October 1983

The Security Council,

Having considered the report of the Secretary-General of 29 August 1983, 49

Recalling General Assembly resolutions 1514 (XV)
of 14 December 1960 and 2145 (XXI) of 27 October
1966,

Recalling and reaffirming its resolutions 301 (1971),
385 (1976), 431 (1978), 432 (1978), 435 (1978), 439
(1978) and 532 (1983),

Gravely concerned at South Africa’s continued
illegal occupation of Namibia,

Gravely concerned also at the tension and instability
prevailing in southern Africa and the mounting threat
to the security of the region and its wider implications
for international peace and security resulting from
continued utilization of Namibia as a springboard for
attacks against and destabilization of African States
in the region,

Reaffirming the legal responsibility of the United
Nations over Namibia and the primary responsibility

of the Security Council for ensuring the implementation
of its resolutions, in particular, resolutions 385 (1976)
and 435 (1978), which call for the holding of free and
fair elections in the Territory under the supervision
and control of the United Nations,

Indignant that South Africa’s insistence on an irrelevant and extraneous issue of "linkage" has obstructed
the implementation of resolution 435 (1978),

1. Condemns South Africa for its continued illegal
occupation of Namibia in flagrant defiance of resolutions of the General Assembly and decisions of the
Security Council;

2. Further condemns South Africa for its obstruction of the implementation of Security Council resolution 435 (1978) by insisting on conditions contrary to
the provisions of the United Nations plan for the
independence of Namibia;

3. Rejects South Africa’s insistence on linking
the independence of Namibia to irrelevant and extraneous issues as incompatible with resolution 435
(1978), other decisions of the Security Council and the
resolutions of the General Assembly on Namibia,
including General Assembly resolution 1514 (XV);

4. Declares that the independence of Namibia
cannot be held hostage to the resolution of issues that
are alien to resolution 435 (1978);

5. Reiterates that resolution 435 (1978), embodying
the United Nations plan for the independence of
Namibia, is the only basis for a peaceful settlement
of the Namibian problem;

6. Takes note that the consultations undertaken
by the Secretary-General pursuant to paragraph 5 of
resolution 532 (1983) have confirmed that all the
outstanding issues relevant to resolution 435 (1978)
have been resolved;

7. Affirms that the electoral system to be used
for the elections of the Constituent Assembly should
be determined prior to the adoption by the Council
of the enabling resolution for the implementation of
the United Nations plan;

8. Calls upon South Africa to co-operate with the
Secretary-General forthwith and to communicate to
him its choice of the electoral system in order to
facilitate the immediate and unconditional implementation of the United Nations plan embodied in resolution 435 (1978);

9. Requests the Secretary-General to report to the
Council on the implementation of this resolution as
soon as possible and not later than 31 December 1983;

10. Decides to remain actively seized of the matter
and to meet as soon as possible following the Secretary-General’s report for the purpose of reviewing
progress in the implementation of resolution 435
(1978) and, in the event of continued obstruction by
South Africa, to consider the adoption of appropriate
measures under the Charter of the United Nations.

Adopted at the 2492nd meeting
by 14 votes to none, with 1
abstention (United States of
America).


49 Official Records of the Security Council, Thirty-eighth Year,
Supplement for July, August and September 1983, document
S/15943.