- Oct 3, 2018
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Occupation of South Africa THE GLOBAL ASSEMBLY |
_____________________________________________________________________________________________________________________________
DATE OF SUBMISSION | 05/1999
REPRESENTATIVES NAME AND TITLE | Ambassador Oh Joon, Republic of Korea & Ambassador Luke Adams, United States
DRAFT RESOLUTION |
Binding
In Agreement that the actions of the Kingdom of Sweden constitute the occupation of a foreign state and its inhabitants,
Gravely concerned at the ongoing attempt by Sweden to alter the system of government of South Africa as an occupying power,
Reiterating its concern for the suffering caused to people of South Africa,
Deeply concerned by the unilateral actions by Sweden in bypassing the Global Assembly and occupying without a mandate, South Africa, and its implementation of colonial actions,
Determined to bring the invasion and occupation of South Africa by Sweden to an end and to restore the sovereignty, independence and territorial integrity of South Africa to the indigenous people,
Noting that the Sweden Colonial Administration in South Africa or the Apartheid regime of South Africa has no legitimacy and shall not be dealt with as a legal entity,
Mindful of the Global Assemblies responsibilities as the successors of the United Nations for the maintenance of international peace and security,
Reaffirming the role of the Global Assembly in maintaining global peace and stability, and performing peacekeeping duties,
Reaffirming the legality of this resolution under the GA resolution on peacekeeping,
Reaffirming that the apartheid regime is not a state actor and shall not recognized by any member of the Global Assembly and does not have the basic functions of a state,
Recognizing the occupation of South Africa has having an adverse affect on global security and the situation in Southern Africa and the need for financial as well as military assistance to support a legitimate government,
Emphasizing once again the need for global cooperation and action,
Recognizing the urgency of the situation,
Acting under Charter of the Global Assembly,
Have agreed as follows:
- Determines that Sweden has taken over the authority of the people of South Africa;
- Further recognizing Sweden denying the people of South Africa their right for self-determination in its occupation and setting up of political institutions unilaterally without oversight,
- Further Determines Sweden’s actions constitute an occupation in accordance with Article 42 of the 1907 Hague Conventions, reaffirmed by the 1949 Geneva Conventions
- Condemns the occupation of South Africa by Sweden and rejects completely any legitimate right for a state to occupying another state,
- Considering these actions, member states may enforce trade restrictions against entities involved in the current occupation, their subsidiaries, financial institutions, and trading vessels as they deem appropriate within the confines of international law
- Recognizing Sweden as an occupying power, finds it responsible of upholding the duties of an occupying power, as listed in the Geneva Convention, but not limited to;
- Art. 43. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
- Art. 44. A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.
- Art. 45. It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power.
- Art. 46. Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.
- Private property cannot be confiscated.
- Art. 47. Pillage is formally forbidden.
- Art. 50. No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.
- Demands immediately, that Sweden announce its intentions to end its occupation and acceptance of a Global Assembly Mandate, and noting such mandate shall be concurrently passed with the affirmation of this resolution,
- Further Demanding Sweden cooperate with the peaceful transition of authority from their occupational authority to the approved Global Assembly Mission.
- Reaffirming as outlined in the GA resolution on peacekeeping, under Article VII, sub-article 2: If the assembly, designate one actor in a conflict as imminently hostile to the interests of peace, security, and the rule of law, Peacekeepers may be granted a broad mandate to destroy the designated actor,
- Recognizing the adverse effect that violent non-state actors may have on the peaceful transition from the Swedish Colonial Authority shall grant discretion to the civilian leadership of (GATFSA) to designate such groups as hostile actors;
- Noting such designations shall be publicly made to the global community after deliberations have been completed and that such designations may be challenged by member states.
- Recognizing the adverse effect that violent non-state actors may have on the peaceful transition from the Swedish Colonial Authority shall grant discretion to the civilian leadership of (GATFSA) to designate such groups as hostile actors;
- Requests that the global assembly authorize a Global Assembly Transitional Force to South Africa (GATFSA) with the mandate to maintain peace and provide an conducive environment for the people of South Africa to choose a system of government, constitution, and organize their government free from foreign interference, sabotage, or influence.
- Endorses a framework for a comprehensive political settlement of the South Africa question and encourages the continuing efforts of regional and international actors in a peaceful and legal manner in this regard;
- Welcomes the proposals of South African civil society for this framework and the inclusion of all South African parties and groups, and offers to host in member states of the Global Assembly, or facilitate as a neutral party, a summit for relevant South African parties;
- Encourages a public commitment of all South African parties, in full cooperation, to collaborating in negotiations, a framework into a comprehensive political settlement through the processes of a negotiated settlement;
- Affirms, in particular, that the Global Assembly shall have no mandate to set up a government for the South African people and shall support the people of South Africa in formulating a unique legitimate body and source of authority in which, throughout the transitional period, the independence, national sovereignty and unity of South Africa is embodied and treated as a partner to GATFSA;
- Demands the international community to take immediately all measures within their power (including legal actions against their corporations), from doing or causing to be done or permitting, any acts which might aggravate the situation;
- The member states of the Global Assembly shall impose financial blocks on the person(s) registered on the designated list of wanted persons pertaining to the Apartheid regime and Colonial authorities,
- The member states of the Global Assembly shall impose travel restrictions on the person(s) registered on the Global Assemblies list of wanted persons & organizations in relevant to the South Africa situation,
- Member States may formally protest to the Secretariat person(s) they believe have mistakenly been placed on the list and shall be entitled to a formal response.
- The member states of the Global Assembly shall limit and monitor dual-use chemicals, electronics, and other goods that are sources for explosive devices or weapons in their exports to South Africa.
- The member states shall further monitor and inspect cargo vessels destined for South Africa under the auspices of this resolution to look for illegal weapons, dual-use chemical compounds, and explosive devices.
- The member states of the Global Assembly shall cooperate with the Peacekeeping mission to ensure their best efforts to limit and block the movement of good(s) and person(s) actively engaged in the ongoing conflict.
- Requests that the international community take steps to facilitate by means of access to air and sea ports to movement of GATFSA authorized by this resolution to fulfill their mandate under the resolution.
- Governments required to facilitate the necessary movement of GATFSA shall be compensated for material, financial, and delays occurred as a result of the actions of GA personnel.
- Reaffirming the GATFSA role as outlined by Article II of the GA resolution on peacekeeping, under clause 1 sub-clause a: the Assembly is responsible for issuing mandates for peacekeeping and the building of the rule of law and security institutions, such as sub-clause III: disarmament, demobilization and reintegration.
- The GATFSA mandate for the purposes of peacekeeping shall include the disarmament of popular militias, insurgents, armed communities, and ensuring the orderly reintegration of communities and person(s) back into the wider society.
- The GATFSA mandate for the purposes of peacekeeping shall not be limited to a passive role, and the specific mandate for GATFSA shall encompass Article 7 & 8 of this resolution.
- The GATFSA mandate shall be extended across the territorial and administrative boundaries of South Africa,
- Calls upon the Government of Sweden to fully cooperate and hand over control of areas under its occupational authority to the GATFSA forces in an orderly manner, to ensure a calm environment and transition.
- Authorizes the GATFSA mandate to forcefully remove Swedish Forces from the occupied territories of South Africa and be entrusted to act within its capacity as peacekeepers to take necessary measures to maintain peace through the removal of Swedish Forces,
- Recognizing that such authorization shall be granted as discretionary powers to the commander of the GATFSA force in the event that Sweden fails to comply to the provisions of this resolution with the passing of this resolution;
- Recognizing that failure to comply with the provisions of this resolution shall require all member states and its corporate entities within their territorial jurisdiction to cease all active military cooperation and transfer of weapons, equipment, or dual-use items with Sweden until compliance with the resolution is verified.
- Member States shall refrain from granting transit rights or refuel and replenish Swedish personnel traveling to and from the occupied territories and shall deem such assistance as constituting a violation of the resolution by member states.
- Outlines the mandate of GATFSA shall expire two year after its entry and may be renewed at the request of the peacekeeping mission or the civil society of South Africa through the Undersecretary for Security & Peace Operations,
- Reaffirming the Assembly’s intention to review the mandate and structures of GATFSA at the end of the present mandate (2001) and requests the member states of the Global Assembly, following appropriate consultations, to include in their report recommendations in this regard, taking into account the prevailing situation on the ground, the activities actually performed by the Force in its area of operation and its contribution towards the remaining task of restoring international peace and security.
- Expressing the Assembly’s members right to inquire and request a report on the current status of GATFSA including accurate figures from peacekeepers killed and wounded, insurgents killed and wounded, civilians killed and wounded, property destruction, and other actions occurring as a result of the GATFSA.
- Expressing the need for the GATFSA to ensure orderly conduct amongst the operational force as stipulated by the GA resolution on peacekeeping and ensuring its personnel act on a uniformed code of ethics and engagement as outlined by the Geneva Conventions and GA resolutions.
- Affirming the Undersecretary General for Security & Peace Operation’s responsibility to issue with the passing of this resolution a mandate for the formation of GATFSA as outlined in Article VI clause 1 sub-clause b. a. carrying out operations assigned to their unit by the Force Commander.
- AuthorizesMember States, unless Sweden on or before 1 June 1999 indicates it’s intentions of compliance, as set forth in clauses above, to use all necessary means to uphold and restore International peace and security in the area;
- Noting that failure to follow through with its public statement of intention shall be noted as a violation of Clause 12 and re-authorize member states without the re-passing of this resolution, the use of all necessary means to ensure Sweden’s compliance with this resolution;
- Authorizing Member States to institute economic sanctions and trade restrictions against the Government, Corporations, and Legal Entities of the Kingdom of Sweden for violation of the Resolution.
- Demands all States to provide appropriate support for the actions undertaken in pursuance of this resolution,
- Further Requests the States concerned to keep the Global Assembly regularly Informed on the progress of actions undertaken pursuant to clause 12 above’.
- Decides to remain seized of the matter.