Rabu, 16 Januari 2013

United Nations and Non-Self-Governing territories

The basic idea of the UN Charter is given in article 1, which in part 2 says "To develop friendly relations among nation based on respect for the principle of equal right and self-determination of people, and to take other appropriate measures to strengthen universal peace"

The Charter in chapter 11 provides respect for the equal rights & self-determination of Non-Self-Governing territories which are occupied by UN members by telling those UN nations how to treat the non-self-governing territories.

The Charter in chapter 12 defines a "Trusteeship System" by which the UN can occupy or administrate a non-self-governing territory, a "trust territory". The chapter allows options for either the UN or a member of the UN to be the colonial power to occupy and administrate the trust territory.

Finally, the Charter in chapter 13 creates a Trusteeship Council and explains obligations which the Trusteeship Council has towards non-self-governing territories which are subject to the Trusteeship System.

If the UN allows one of its members to administrate a trust territory, the only remaining duties of the Trusteeship Council towards the trust territory are articles 87 and 88 of the Charter; to consider petitions about the territory, and to ask questions about the territory. In effect articles 87 and 88 perform the same function as article 73(e) does for other non-self-governing territories, to provide information to the UN about the colony each year.

The purpose of the "Trusteeship System" is stated in article 76, which in part says is to promote them "towards self-goverment or independent". In the UN Charter there is no means of ending Trusteeship, but in article 78 it says "The trusteeship system shall not apply to territories which have become Member of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality."

The result of Chapter 12 and article 1 of the UN Charter is that the UN must recognise an act of self-determination by trust territories as soon as possible.

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