United Nations list of Non-Self-Governing Territories
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| United Nations list of Non-Self-Governing Territories | |
|---|---|
 United Nations General Assembly · Public domain · source | |
| Name | United Nations list of Non-Self-Governing Territories |
| Caption | Emblem of the United Nations |
| Established | 1946 |
| Type | List maintained by the United Nations General Assembly |
United Nations list of Non-Self-Governing Territories is the roster maintained by the United Nations General Assembly identifying territories the Assembly regards as not having attained full self-determination, originating from post-World War II decolonization processes and instruments such as the Charter of the United Nations and the Trusteeship Council. The list has influenced proceedings in forums including the International Court of Justice, the Special Committee on Decolonization (C-24), the Security Council, and regional bodies like the African Union and the Organization of American States. Its entries intersect with disputes involving states such as the United Kingdom, France, United States, Spain, Netherlands, and New Zealand.
Overview
The list was formalized after adoption of Resolution 66(I) by the United Nations General Assembly and is updated pursuant to resolutions of the General Assembly, recommendations of the Special Committee on Decolonization (C-24), and submissions by administering powers including United Kingdom, France, and United States of America. It derives authority from the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960) and engages legal instruments like the Trusteeship Agreement and the doctrine crystallized in opinions of the International Court of Justice. The roster has included territories such as Puerto Rico, Western Sahara, Falkland Islands, New Caledonia, French Polynesia, Bermuda, Gibraltar, and Guam, with periodic additions and removals reflecting referendums, constitutional changes, and bilateral negotiations involving actors like France Overseas Territories, the Commonwealth of Nations, and the European Union.
Criteria and Legal Basis
Legal foundation rests on the Charter of the United Nations, the Resolution 1514 (XV), and subsequent General Assembly resolutions interpreting the right of peoples to self-determination recognized in instruments including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The Special Committee on Decolonization applies criteria that reference historical administration under treaties such as the Treaty of Paris (1814), colonial arrangements of the British Empire, the Spanish Empire, and the French colonial empire, and adjudicatory pronouncements from the International Court of Justice and cases involving parties such as Argentina, Morocco, and Chile. Determinations weigh factors addressed in legal precedents like the Advisory Opinion on Western Sahara and diplomatic instruments involving United Kingdom–Argentina relations and New Zealand–United Kingdom relations.
Current Listed Territories
The roster currently contains territories administered by states including United Kingdom, France, United States of America, Spain, Netherlands, and New Zealand. Prominent entries have included Western Sahara, Falkland Islands, Saint Helena, Ascension and Tristan da Cunha, Pitcairn Islands, Gibraltar, Bermuda, Cayman Islands, Anguilla, Montserrat, Turks and Caicos Islands, British Virgin Islands, Guam, American Samoa, Puerto Rico, US Virgin Islands, Aruba, Curaçao, Sint Maarten, New Caledonia, French Polynesia, Wallis and Futuna, and Mayotte prior to its removal. Each entry has generated reports engaging institutions like the Secretariat of the United Nations, the Special Committee on Decolonization (C-24), and national legislatures such as the Parliament of the United Kingdom, Congress of the United States, and the Assemblée nationale of France.
Administration and Governance
Administration arrangements vary: some territories operate as overseas territories of the United Kingdom, overseas collectivities of France, unincorporated territories of the United States, or constituent countries within the Kingdom of the Netherlands. Governance models involve local bodies such as the Legislative Assembly of the Falkland Islands, Territorial Council of New Caledonia, Congress of the French Polynesia, and executive offices interacting with metropolitan ministries including the Foreign, Commonwealth and Development Office, Ministry for Europe and Foreign Affairs (France), and the United States Department of the Interior. Constitutional instruments have referenced jurisprudence from the International Court of Justice and bilateral accords like those negotiated between Spain and United Kingdom over Gibraltar, or between Morocco and Polisario Front concerning Western Sahara.
Decolonization Efforts and UN Actions
UN action has included sending visiting missions, sponsoring referendums, and facilitating negotiations via mediators such as the United Nations Secretary-General and envoys including James Baker III in the Western Sahara peace process, and mechanisms under resolutions like UN Security Council Resolution 690 and General Assembly initiatives. The Special Committee on Decolonization (C-24) monitors progress, issues annual reports, and proposes measures referenced in debates at the General Assembly Hall and hearings involving representatives from Mauritania, Algeria, Argentina, Chile, and administering powers. Cases have proceeded to advisory procedures at the International Court of Justice and invoked instruments such as the Friendly Relations Declaration.
Controversies and Disputed Listings
Listings have provoked disputes involving sovereignty claims by states including Argentina (over Falkland Islands), Morocco (over Western Sahara), Spain (over Ceuta and Melilla contexts), and United Kingdom (over Gibraltar), with involvement by non-state actors like the Polisario Front and regional organizations such as the African Union and European Union. Contentions pivot on interpretations of self-determination in cases like the Advisory Opinion on Western Sahara and political acts such as referendums in New Caledonia and Puerto Rico that engaged parties including the High Commissioner for Human Rights, the Inter-American Commission on Human Rights, and national courts like the Supreme Court of the United States and the European Court of Human Rights. Debates also touch constitutional changes such as Mayotte's departmentalization and the integration of territories into the European Union framework, producing litigation, diplomatic démarches, and competing UN resolutions involving figures like former UN Secretary-General Boutros Boutros-Ghali and Kofi Annan.