NAMIBIA

CERD

RESERVATIONS AND DECLARATIONS

(Unless otherwise indicated, the reservations and declarations were made upon ratification, accession or succession)

Note

See note 1 under "Namibia" in the "Historical Information" section in the front matter of [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx].

            [Ed. note: Note 1 under Namibia is as follows:

Note 1.

Formerly: "Namibia (United Nations Council for Namibia)" until independence (21 March 1990).

The legal status of the United Nations Council for Namibia for the purpose of its participation in treaties was an issue during the period prior to Namibia's assuming responsibility for its international relations and becoming a member State of the United Nations. The Council for Namibia was established as a subsidiary organ of the General Assembly by resolution 2248 (S-V) of 19 May 1967. As a subsidiary organ, it was responsible to, and under the authority of, the General Assembly in the same way as any other subsidiary organ. Unlike other subsidiary organs, however, the Council functioned in a dual capacity: as a policy-making organ of the General Assembly and as the legal Administering Authority of a Trust Territory. This latter characteristic of the Council distinguished it from other United Nations subsidiary organs and it could, therefore, be considered an organ sui generis for certain purposes. As the legal Administering Authority, the Council was expressly endowed by the General Assembly with certain competences and functions to be exercised on behalf of Namibia in terms comparable to that of a Government, inter alia, to represent Namibia internationally. Even though South Africa continued, at the time, to exercise de facto control over the Territory, the essential element was that the Council had the de jure competence, inter alia, to enact any necessary laws and recognitions. Indeed, the Council became a party to many treaties deposited with the Secretary-General, such as the International Convention on the Elimination of All Forms of Racial Discrimination, 1966; the International Convention on the Suppression and Punishment of the Crime of Apartheid, 1973; the Constitution of the United Nations Industrial Development Organization, 1979; and the United Nations Convention on the Law of the Sea, 1982.]

(Note 12, Chapter IV.2, Multilateral Treaties Deposited with the Secretary-General)