The list draws its origins from the period of colonialism and the Charter's concept of non-self-governing territories. Thus, Western Sahara was initially included in 1963 by Moroccan demand when it was a Spanish colony. The same can be said about the situation of Namibia (removed upon its independence in 1990), which was seen, due to its former status as a mandate territory, as a vestige of German colonial legacy in Africa. A set of criteria for determining whether a territory is to be considered "non-self-governing" was established in General Assembly Resolution 1541 (XV) of 1960.
Also in 1960, the General Assembly adopted Resolution 1514 (XV), promulgating the "Declaration on the Granting of Independence to Colonial Countries and Peoples", which declared that all remaining non-self-governing territories and trust territories were entitled to self-determination and independence. The following year, the General Assembly established the Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples (sometimes referred to as the Special Committee on Decolonization, or the "Committee of 24" because for much of its history the committee was composed of 24 members), which reviews the situation in non-self-governing territories each year and reports to the General Assembly.
Criticism
The list remains controversial. One reason for this is the fact that it includes many dependencies that, some contend, have democratically chosen to maintain their territorial status, and rejected independence (or in some cases the territory periodically organizes referenda, as in the United States Virgin Islands, but there is insufficient voter participation). Other non-self-determining areas (most of the French overseas territories) are excluded. Another criticism is that a number of the listed territories, such as Bermuda, consider themselves completely autonomous and self-governing, with the "administering Power" retaining a limited number of responsibilities such as defense and diplomacy. On the other hand, territories that have achieved a status described by the administering countries as internally self-governing?such as Puerto Rico, the Netherlands Antilles and the Cook Islands?have been removed from the list by vote of the General Assembly. In 1972, Hong Kong (then administered by the United Kingdom) and Macau (then administered by Portugal) were removed from the list at the request of the People's Republic of China, which had just been recognized as holding China's seat at the United Nations. Many critics charge the Committee that drafts this list with using it as a political instrument.
Some territories that have been annexed and incorporated into the legal framework of the controlling state (such as the overseas departments of France) are considered by the UN to have been decolonized, since they then no longer constitute "non-self-governing" entities; their populations are assumed to have agreed to merge with the former parent state. However, in 1961, the General Assembly voted to end this treatment for the then-"overseas provinces" of Portugal such as Angola and Mozambique, which were active foci of United Nations attention until they attained independence in the mid-1970s.
On December 2, 1986, New Caledonia, then a territoire d'outre-mer, was reinstated on the list of non-self-governing territories, an action that caused protest from France. New Caledonia is the only French-administered territory presently on the list, although it has enjoyed the status of a collectivité sui generis since 1999. Its Territorial Congress holds the right, active since the 1998 Nouméa Accord, to call for a referendum on independence after 2014.
In response to attempts at decolonizing Tokelau, New Zealand journalist Michael Field wrote: "The UN [...] is anxious to rid the world of the last remaining vestiges of colonialism by the end of the decade. It has a list of 16 territories around the world, virtually none of which wants to be independent to any degree".[1] Tokelau is seen by some as a case in point. Field further notes that Patuki Isaako, who was head of Tokelau's government at the time of a UN seminar on decolonization in 2004, informed the United Nations that his country had no wish to be decolonized, and that Tokelauans had opposed the idea of decolonization ever since the first visit by UN officials in 1976. In 2006, a UN-supervised referendum on decolonization was held in Tokelau, where voters rejected the offer of self-government. When the first referendum failed, a second was held in 2007, and Tokelauans rejected it again. This led New Zealand politician and former diplomat John Hayes, on behalf of the National Party, to state that "Tokelau did the right thing to resist pressure from [the New Zealand government and] the United Nations to pursue self-government".[2]
In May 2008, the United Nations' Secretary General Ban Ki-moon urged colonial powers "to complete the decolonization process in every one of the remaining 16 Non-Self-Governing Territories".[3] This led the New Zealand Herald to comment that the United Nations was "apparently frustrated by two failed attempts to get Tokelau to vote for independence from New Zealand".[4]
A Spanish colony up to 1976, most of the territory of Western Sahara is now occupied by Morocco.[5]The rest is administered by the SADR, awaiting the outcome of the ongoing UN-sponsored political settlement.
Former entries
The following territories have all been on the List of Non-Self-Governing Territories in the past. The date, former administering/colonial power (where not obvious from the name), and reason for removal from the List are given for each.
Panama Canal Zone (United States), 1947, on change of status (Panama requested that Canal Zone be removed from the list; now part of Panama)
Puerto Rico (United States), 1953, on change of status; however, since 1972, the U.N. Decolonization Committee has called for Puerto Rico's decolonization and for the United States to recognize the island's right to self-determination and independence. Most recently, the Decolonization Committee called for the United Nations General Assembly to review the political status of Puerto Rico, a power reserved by the 1953 Resolution.[7]
Aden Colony and Protectorate, 1967, on independence from the United Kingdom as South Yemen (also referred to as Democratic Yemen from 1970 to 1990, now part of Yemen)
Cyprus, 1960, on independence from the United Kingdom
Dominica, 1978, on independence from the United Kingdom
East Timor, May 20, 2002, on independence from Indonesia, which had ruled it since 1975, the year of its independence from Portugal (now known in the United Nations as Timor-Leste)
Ellice Islands formerly part of Gilbert & Ellice Islands Colony, 1978, on independence from the United Kingdom as Tuvalu
Sarawak, 1963, on joining the Federation of Malaysia, two months after its independence from the United Kingdom
Seychelles, 1976, on independence from the United Kingdom
Sierra Leone, 1961, on independence from the United Kingdom
Singapore, 1963, on joining the Federation of Malaysia three weeks after independence from the United Kingdom (separate independence as Singapore 1965)
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