Resolution adopted by the United Nations
Special Committee on Decolonisation
Question of Guam
The General Assembly,
Having considered the question of Guam,
Having examined the relevant chapter of
the report of the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples for 2016, related to Guam,[1]
Taking note of the working paper
prepared by the Secretariat on Guam[2] and
other relevant information,
Recognizing that all available options
for self-determination of the Territory are valid as long as they are in
accordance with the freely expressed wishes of the people of Guam and in
conformity with the clearly defined principles contained in General Assembly
resolutions 1514 (XV) of 14 December 1960, 1541 (XV) of 15 December 1960
and other resolutions of the Assembly,
Expressing concern that 56 years after
the adoption of the Declaration on the Granting of Independence to Colonial
Countries and Peoples,[3] there
still remain 17 Non-Self-Governing Territories, including Guam,
Conscious of the importance of
continuing the effective implementation of the Declaration, taking into account
the target set by the United Nations to eradicate colonialism by 2020 and the
plans of action for the Second[4] and
Third International Decades for the Eradication of Colonialism,
Recognizing that the specific
characteristics and the aspirations of the people of Guam require flexible,
practical and innovative approaches to the options for self-determination,
without any prejudice to territorial size, geographical location, size of
population or natural resources,
Convinced that the wishes and aspirations
of the people of the Territory should continue to guide the development of
their future political status and that referendums, free and fair elections and
other forms of popular consultation play an important role in ascertaining the
wishes and aspirations of the people,
Concerned by the use and exploitation of the natural
resources of the Non‑Self-Governing Territories by the administering Powers for
their benefit, by the use of the Territories as tax havens to the detriment of
the world economy and by the consequences of any economic activities of the
administering Powers that are contrary to the interests of the people of the
Territories, as well as to resolution 1514 (XV),
Convinced that any negotiations to
determine the status of the Territory must take place with the active
involvement and participation of the people of the Territory, under the
auspices of the United Nations, on a case-by-case basis, and that the views of
the people of Guam in respect of their right to self-determination should be
ascertained,
Noting the continued cooperation of the
Non-Self-Governing Territories at the local and regional levels, including
participation in the work of regional organizations,
Mindful that, in order for the Special
Committee to enhance its understanding of the political status of the people of
Guam and to fulfil its mandate effectively, it is important for it to be
apprised by the administering Power and to receive information from other
appropriate sources, including the representatives of the Territory, concerning
the wishes and aspirations of the people of the Territory,
Aware of the importance both to Guam and
to the Special Committee of the participation of elected and appointed
representatives of Guam in the work of the Committee,
Recognizing the need for the Special
Committee to ensure that the appropriate bodies of the United Nations actively
pursue a public awareness campaign aimed at assisting the people of Guam with
their inalienable right to self-determination and in gaining a better
understanding of the options for self-determination, on a case-by-case basis,
Mindful, in that connection, that the
holding of regional seminars in the Caribbean and Pacific regions and at
Headquarters, with the active participation of representatives of the
Non-Self-Governing Territories, provides a helpful means for the Special
Committee to fulfil its mandate and that the regional nature of the seminars,
which alternate between the Caribbean and the Pacific, is a crucial element in
the context of a United Nations programme for ascertaining the political status
of the Territories,
Welcoming the Pacific regional seminar
held by the Special Committee in Managua and hosted by the Government of
Nicaragua from 31 May to 2 June 2016 as a significant and forward-looking
event, which enabled the participants to assess the progress made in the
decolonization process and to review the existing working methods of the
Committee and renew its momentum in implementing its historic task,
Recognizing the importance of the
conclusions and recommendations adopted by the seminar, which are annexed to
the report of the Special Committee[5] and
which outline the findings of the seminar, including, especially, the way
forward for the decolonization process within the context of the proclamation
by the General Assembly of the period 2011-2020 as the Third International
Decade for the Eradication of Colonialism,[6]
Noting with appreciation the
contribution to the development of some Territories by the specialized agencies
and other organizations of the United Nations system, in particular the
Economic Commission for Latin America and the Caribbean, the Economic and
Social Commission for Asia and the Pacific, the United Nations Development
Programme and the World Food Programme, as well as regional institutions such
as the Caribbean Development Bank, the Caribbean Community, the Organization of
Eastern Caribbean States, the Pacific Islands Forum and the agencies of the
Council of Regional Organizations in the Pacific,
Noting the statement made by the
representative of the Governor of Guam at the 2016 Pacific regional seminar, in
which he presented an update on the efforts of Guam towards decolonization,
including by securing funding for the public education programme on
self-determination, and on the work of the Guam Commission on Decolonization
for the Implementation and Exercise of Chamorro Self-Determination in
reinforcing public awareness ahead of the planned plebiscite on
self-determination,
Recalling the concern expressed by the
representative of the Governor and the Speaker of the Guam legislature before
the Special Committee in October 2015 about the reinstatement of a lawsuit
challenging the voting restrictions for the Territory’s plebiscite on
self-determination,
Cognizant of the efforts made by the
Guam Commission on Decolonization to promote in the Territory the holding of a
plebiscite on self-determination, to populate the decolonization registry, as
required by public law, to enhance the ability to expediently register those
who have not yet been registered and to identify and secure territorial and
federal resources for a self-determination education programme,
Aware that the Department of the Interior
of the United States of America has approved a grant to support the
self-determination education campaign, as stated by the representative of the
Governor of Guam at the 2016 Pacific regional seminar,
Aware also that, under United States
law, the relations between the territorial Government and the federal
Government in all matters that are not the programme responsibility of another
federal department or agency are under the general administrative supervision
of the Secretary of the Interior,[7]
Recalling that, in a referendum held in
1987, the registered and eligible voters of Guam endorsed a draft Guam
Commonwealth Act that would establish a new framework for relations between the
Territory and the administering Power, providing for a greater measure of
internal self-government for Guam and recognition of the right of the Chamorro
people of Guam to self-determination for the Territory,
Aware that negotiations between the
administering Power and the territorial Government on the draft Guam
Commonwealth Act ended in 1997 and that Guam has subsequently established a
non-binding plebiscite process for a self-determination vote by the eligible
Chamorro voters,
Cognizant of the importance of the
administering Power continuing to implement its programme of transferring
surplus federal land to the Government of Guam,
Noting that the people of the Territory
have called for reform in the programme of the administering Power with respect
to the thorough, unconditional and expeditious transfer of land property to the
people of Guam,
Aware of the deep concern expressed by
civil society and other parties regarding the potential social, cultural,
economic and environmental impacts of the planned transfer of additional
military personnel of the administering Power to the Territory,
Recalling the statement of the Speaker
of the thirty-third Guam legislature made before the Special Committee during
its 2015 session that the most acute threat to the legitimate exercise of the
decolonization of Guam was the incessant militarization of the island by its
administering Power, and noting the concern expressed regarding the effect of
the escalating United States military activities and installations on Guam,
Recalling also its resolution 57/140 of
11 December 2002, in which it reiterated that military activities and
arrangements by administering Powers in the Non-Self-Governing Territories
under their administration should not run counter to the rights and interests
of the peoples of the Territories concerned, especially their right to
self-determination, including independence, and called upon the administering
Powers concerned to terminate such activities and to eliminate the remaining
military bases in compliance with the relevant resolutions of the General
Assembly,
Recalling further its resolution 35/118
of 11 December 1980, and conscious that immigration into Guam has resulted in
the indigenous Chamorros becoming a minority in their homeland,
1. Reaffirms
the inalienable right of the people of Guam to self-determination, in
conformity with the Charter of the United Nations and with General Assembly
resolution 1514 (XV), containing the Declaration on the Granting of
Independence to Colonial Countries and Peoples;
2. Also
reaffirms that, in the process of decolonization of Guam, there is no alternative
to the principle of self-determination, which is also a fundamental human
right, as recognized under the relevant human rights conventions;
3. Further
reaffirms that it is ultimately for the people of Guam to determine freely
their future political status in accordance with the relevant provisions of the
Charter, the Declaration and the relevant resolutions of the General Assembly,
and in that connection calls upon the administering Power, in cooperation with
the territorial Government and appropriate bodies of the United Nations system,
to develop political education programmes for the Territory in order to foster
an awareness among the people of their right to self-determination in
conformity with the legitimate political status options, based on the
principles clearly defined in Assembly resolution 1541 (XV) and other relevant
resolutions and decisions;
4. Welcomes
the convening of the Guam Commission on Decolonization for the Implementation
and Exercise of Chamorro Self-Determination and its ongoing work on a
self-determination vote, as well as its public education efforts;
5. Stresses
that the decolonization process in Guam should be compatible with the Charter,
the Declaration on the Granting of Independence to Colonial Countries and Peoples
and the Universal Declaration of Human Rights;[8]
6. Calls
once again upon the administering Power to take into consideration the
expressed will of the Chamorro people as supported by Guam voters in the
referendum of 1987 and as subsequently provided for in Guam law regarding
Chamorro self-determination efforts, encourages the administering Power and the
territorial Government to enter into negotiations on the matter, and stresses
the need for continued close monitoring of the overall situation in the Territory;
7. Requests
the administering Power, in cooperation with the territorial Government, to
continue to transfer land to the original landowners of the Territory, to
continue to recognize and to respect the political rights and the cultural and
ethnic identity of the Chamorro people of Guam and to take all measures
necessary to address the concerns of the territorial Government with regard to
the question of immigration;
8. Also
requests the administering Power to assist the Territory by facilitating
public outreach efforts, consistent with Article 73 b of the Charter, and in that regard welcomes the financial
assistance granted by the administering Power in support of the decolonization
educational campaign, calls upon the relevant United Nations organizations to
provide assistance to the Territory, if requested, and welcomes the recent
outreach work by the territorial Government;
9. Further
requests the administering Power to cooperate in establishing programmes
for the sustainable development of the economic activities and enterprises of
the Territory, noting the special role of the Chamorro people in the
development of Guam;
10. Stresses
the importance of the Special Committee on the Situation with regard to the
Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples being apprised of the views and wishes of the people of
Guam and enhancing its understanding of their conditions, including the nature
and scope of the existing political and constitutional arrangements between
Guam and the administering Power;
11. Calls
upon the administering Power to participate in and cooperate fully with the
work of the Special Committee in order to implement the provisions of Article
73 e of the Charter and the
Declaration and in order to advise the Committee on the implementation of the
provisions under Article 73 b of the
Charter on efforts to promote self-government in Guam, and encourages the
administering Power to facilitate visiting and special missions to the
Territory;
12. Reaffirms
the responsibility of the administering Power under the Charter to promote the
economic and social development and to preserve the cultural identity of the
Territory, and requests the administering Power to take steps to enlist and
make effective use of all possible assistance, on both a bilateral and a
multilateral basis, in the strengthening of the economies of the Territory;
13. Takes
into account the 2030 Agenda
for Sustainable Development, including the Sustainable Development Goals,[9] stresses the importance of
fostering the economic and social sustainable development of the Territory by
promoting sustained, inclusive and equitable economic growth, creating greater
opportunities for all, reducing inequalities, raising basic standards of
living, fostering equitable social development and inclusion and promoting the
integrated and sustainable management of natural resources and ecosystems that
supports, inter alia, economic, social and human development, while
facilitating ecosystem conservation, regeneration, restoration and resilience
in the face of new and emerging challenges, and strongly urges the administering Power to refrain from
undertaking any kind of illicit, harmful and unproductive activities,
including the use of the Territory as a tax haven, that are not aligned with the
interest of the people of the Territory;
14. Requests
the Territory and the administering Power to take all measures necessary to
protect and conserve the environment of the Territory against any degradation
and the impact of militarization on the environment, and once again requests
the specialized agencies concerned to monitor environmental conditions in the
Territory and to provide assistance to the Territory, consistent with their
prevailing rules of procedure;
15. Requests
the Special Committee to continue to examine the question of Guam and to report
thereon to the General Assembly at its seventy-second session and on the
implementation of the present resolution.
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[1] Official
Records of the General Assembly, Seventy-first Session, Supplement No. 23 (A/71/23), chap. X.
[2] A/AC.109/2016/9.
[4] A/56/61,
annex.
[5] Official
Records of the General Assembly, Seventy-first Session, Supplement No. 23 (A/71/23).
