View a scan of the original published document

742 (VIII). Factors which should be taken into account in deciding
whether a Territory is or is not a Territory whose people have not yet
attained a full measure of self-government.

  The General Assembly,

  Bearing in mind the principles embodied in the Declaration regarding
Non-Self-Governing Territories and the objectives set forth in Chapter
XI of the Charter,

  Recalling the provisions of resolutions 567 (VI) and 648 (VII),
adopted by the General Assembly on 18 January and 10 December 1952
respectively, indicating the value of establishing a list of factors
which should be taken into account in deciding whether a Territory has
or has not attained a full measure of self-government,

Having regard to the competence of the General Assembly to consider the
principles that should guide the United Nations and the Member States in
the implementation of obligations arising from Chapter XI of the Charter
and to make recommendations in connexion with them,

Having examined the report of the Ad Hoc Committee on Factors
(Non-Self-Governing Territories) set up by resolution 648 (VII),

1. Takes note of the conclusions of the report of the Ad Hoc Committee
on Factors (Non-Self-Governing Territories);

2. Approves the list of factors as adopted by the Fourth Committee;

3. Recommends that the annexed list of factors should be used by the
General Assembly and the Administering Members as a guide in
determining whether any Territory, due to changes in its constitutional
status, is or is no longer within the scope of Chapter XI of the
Charter, in order that, in view of the documentation provided under
resolution 222 (III) of 3 November 1948, a decision may be taken by the
General Assembly on the continuation or cessation of the transmission of
information required by Chapter XI of the Charter;

4. Reasserts that each concrete case should be considered and decided
upon in the light of the particular circumstances of that case and
taking into account the right of self-determination of peoples;

5. Considers that the validity of any form of association between a
Non-Self-Governing Territory and a metropolitan or any other country
essentially depends on the freely expressed will of the people at the
time of the taking of the decision;

6. Considers that the manner in which Territories referred to in
Chapter XI of the Charter can become fully self-governing is primarily
through the attainment of independence, although it is recognized that
self-government can also be achieved by association with another state
or group of states if this is done freely and on the basis of absolute
equality;

7. Reaffirms that the factors, while serving as a guide in determining
whether the obligation as set forth in Chapter XI of the Charter shall
exist, would in no way be interpreted as a hindrance to the attainment
of a full measure of self-government by the Non-Self-Governing
Territory;

8. Further reaffirms that, for a Territory to be deemed self-governing
in economic, social or educational affairs, it is essential that its
people shall have attained a full measure of self-government;

9. Instructs the Committee on Information from Non-Self-Governing
Territories to study any documentation transmitted hereafter under
resolution 222 (III) in the light of the list of factors approved by
the present resolution, and other relevant consideration which may
arise from each concrete case of cessation of information;

10. Recommends that the Committee on Information from
Non-Self-Governing Territories take the initiative of proposing
modifications at any time to improve the list of factors, as may seem
necessary in the light of circumstances.

459th plenary meeting
27 November 1953

ANNEX

List of Factors

FACTORS INDICATIVE OF THE ATTAINMENT OF INDEPENDENCE OR OF OTHER
SEPARATE SYSTEMS OF SELF-GOVERNMENT


First Part

FACTORS INDICATIVE OF THE ATTAINMENT OF INDEPENDENCE

A. International Status

  1. International responsibility. Full international responsibility of
the Territory for the acts inherent in the exercise of its external
sovereignty and for the corresponding acts in the administration of its
internal affairs.

  2. Eligibility for membership in the United Nations

  3. General International Relations. Power to enter into direct
relations of every kind with other governments and with international
institutions and to negotiate, sign and ratify international
instruments.

  4. National defence. Sovereign right to provide for its national
defence.

B. Internal Self-Government

  1. Form of government. Complete freedom of the people of the
Territory to choose the form of government which they desire.

  2. Territorial government. Freedom from control of interference by
the government of another State in respect of the internal government
(legislature, executive, judiciary, and administration of the
Territory).

  3. Economic, social and cultural jurisdiction. Complete autonomy in
respect of economic, social and cultural affairs.


Second Part

FACTORS INDICATING THE ATTAINMENT OF OTHER SEPARATE SYSTEMS OF
SELF-GOVERNMENT

A. General

  1. Opinion of the population. The opinion of the population of the
Territory, freely expressed by informed and democratic processes, as to
the status or change in status which they desire.

  2. Freedom of choice. Freedom of choosing on the basis of the right
of self-determination of peoples between several possibilities,
including independence.

  3. Voluntary limitation of sovereignty. Degree of evidence that the
attribute or attributes of sovereignty which are not individually
exercised will be collectively exercised by the larger entity thus
associated and the freedom of the population of a Territory which as
association itself with the metropolitan country to modify at any time
this status through the expression of their will by democratic means.

  4. Geographical considerations. Extent to which the relations of the
Non-Self-Governing Territory with the capital of the metropolitan
government may be affected by circumstances arising out of their
respective geographical positions, such as separation by land, sea or
other natural obstacles; and extent to which the interests of boundary
States may be affected, bearing in mind the general principles of
good-neighborliness referred to in Article 74 of the Charter.

  5. Ethnic and cultural considerations. Extent to which the
populations are of different race, language or religion or have a
distinct cultural heritage, interests or aspirations, distinguishing
them from the country with which they freely associate themselves.

  6. Political advancement. Political advancement of the population
sufficient to enable them to decide upon the future destiny of the
Territory with knowledge.

B. Internal status

  1. General international relations. Degree or extent to which the
territory exercises the power to enter freely into direct relations of
every kind with other governments and with international institutions
and to negotiate, sign and ratify international instruments freely.
Degree or extent to which the metropolitan country is bound, through
constitutional provisions or legislative means, by the freely expressed
wishes of the Territory in negotiating, signing and ratifying
international conventions which may influence conditions in the
Territory.

  2. Change of political status. The right of the metropolitan country
or the Territory to change the political status of that Territory in
the light of the consideration whether that Territory is or is not
subject to any claim or litigation on the part of another State.

  3. Eligibility for membership in the United Nations.

C. Internal self-government

  1. Territorial government. Nature and measure of control or
interference, if any, by the government of another State in respect of
the internal government, for example, in respect of the following:

  Legislature: The enactments of laws for the Territory by an
indigenous body whether fully elected by free and democratic processes
or lawfully constituted in a manner receiving the free consent of the
population;

  Executive: The selection of members of the executive branch of the
government by the competent authority in the Territory receiving
consent of the indigenous population, whether that authority is
hereditary or elected, having regard also to the nature and measure of
control, if any, by an outside agency on that authority, whether
directly of indirectly exercised in the constitution and conduct of the
executive branch of the government.

  Judiciary: The establishments of courts of law and the selection of
judges.

  2. Participation of the population. Effective participation of the
population in the government of the Territory; (a) is there an adequate
and appropriate electoral and representative system? (b) Is this
electoral system conducted without direct or indirect interference from
a foreign government?

  3. Economic, social and cultural jurisdiction. Degree of autonomy in
respect of economic, social and cultural affairs, as illustrated by the
degree of freedom from economic pressure as exercised, for example, by a
foreign minority group which, by virtue of the help of a foreign Power,
has acquired a privileged economic status prejudicial to the general
economic interest of the people of the Territory; and by the degree of
freedom and lack of discrimination against the indigenous population of
the Territory in social legislation and social developments.


Third part

FACTORS INDICATIVE OF THE FREE ASSOCIATION OF A TERRITORY ON EQUAL
BASIS WITH THE METROPOLITAN OR OTHER COUNTRY AS AN INTEGRAL PART OF
THAT COUNTRY OR IN ANY OTHER FORM

A. General

  1. Opinion of the population. The opinion of the population of the
Territory, freely expressed by informed and democratic processes, as to
the status or change in status which they desire.

  2. Freedom of choice. The freedom of the population of a
Non-Self-Governing Territory which has associated itself with the
metropolitan country as an integral part of that country or in any
other form to modify this status through the expression of their will
be democratic means.

  3. Geographical considerations. Extent to which the relations of the
Territory with the capital of the central government may be affected by
circumstances arising out of their respective geographical positions,
such as separation by land, sea or other natural obstacles. The right
of the metropolitan country or the Territory to change the political
status of that Territory in the light of the consideration whether that
Territory is or is not subject to any claim or litigation on the part of
another State.

  4. Ethnic and cultural considerations. Extent to which the
populations are of different race, language or religion or have a
distinct cultural heritage, interests or aspirations, distinguishing
them from the peoples of the country with which they freely associate
themselves.

  5. Political advancement. Political advancement of the population
sufficient to enable them to decide upon the future destiny of the
Territory with due knowledge.

  6. Constitutional considerations. Association by virtue of a treaty
or bilateral agreement affecting the status of the Territory, taking
into account (i) whether the constitutional guarantees extend equally
to the associated Territory, (ii) whether there are powers in certain
matters constitutionally reserved to the Territory or in the central
authority, and (iii) whether there is provision for the participation
of the Territory on a basis of equality in any changes in the
constitutional system of the State.

B. Status

  1. Legislative representation. Representation without discrimination
in the central legislative organs on the same basis as other
inhabitants and regions.

  2. Participation of the population. Effective participation of the
population in the government of the Territory: (a) Is there an adequate
and appropriate electoral and representative system? (b) Is this
electoral system conducted without direct or indirect interference from
a foreign government?

  3. Citizenship. Citizenship without discrimination on the same basis
as other inhabitants.

  4. Government officials. Eligibility of officials from the Territory
to all public offices of the central authority, by appointment or
election, on the same basis as those from other parts of the country.

C. Internal constitutional conditions

  1. Suffrage. Universal and equal suffrage, and free periodic
elections, characterized by an absence of undue influence over and
coercion of the voter or of the imposition of disabilities on
particular political parties.

  2. Local rights and status. In a unitary system equal rights and
status for the inhabitants and local bodies of the Territory as enjoyed
by inhabitants and local bodies of other parts of the country; in a
federal system an identical degree of self-government for the
inhabitants and local bodies of all parts of the federation.

  3. Local officials. Appointment or election of officials in the
Territory on the same basis as those in other parts of the country.

  4. Integral legislation. Local self-government of the same scope and
under the same conditions as enjoyed by other parts of the country.

  5. Economic, social and cultural jurisdiction. Degree of autonomy in
respect of economic, social and cultural affairs, as illustrated by the
degree of freedom from economic pressure as exercised, for example, by a
foreign minority group which, by virtue of the help of a foreign Power,
has acquired a privileged economic status prejudicial to the general
economic interest of the people of the Territory; and by the degree of
freedom and lack of discrimination against the indigenous population of
the Territory in social legislation and social developments.

Return to the Hawaiian Independence Home Page or the Legal Documents Index