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Resolution 439



Resolution 439 (1978) of 13 November 1978
The Security Council,

Recalling its resolutions 385 (1976) of 30 January 1976, 431 (1978) and 432 (1978) of 27 July and 435 (1978) of 29
September 1978,
Having considered the report of the Secretary-General submitted pursuant to paragraph 7 of resolution 435 (1978),
Taking note of the relevant communications addressed to the Secretary-General and the President of the Security
Having heard and considered the statement of the President of the United Nations Council for Namibia,
Taking note also of the communication dated 23 October 1978 from the President of the South West Africa People's
Organization to the Secretary-General,
Reaffirming the legal responsibility of the United Nations over Namibia and its continued commitment to the
implementation of resolution 385 (1976), in particular the holding of free elections in Namibia under United
Nations supervision and control,
Reiterating the view that any unilateral measure taken by the illegal administration in Namibia in relation to
the electoral process, including unilateral registration of voters, or transfer of power, in contravention of the
above-mentioned resolutions and the present resolution, is null and void,
Gravely concerned at the decision of the Government of South Africa to proceed with unilateral elections in
Namibia in clear contravention of resolutions 385 (1976) and 435 (1978),
1. Condemns the decision of the South African Government to proceed unilaterally with the holding of elections in
the Territory from 4 to 8 December 1978 in contravention of Security Council resolutions 385 (1976) and 435 (1978);
2. Considers that this decision constitutes a clear defiance of the United Nations and, in particular, the
authority of the Security Council;
3. Declares those elections and their results null and void and states that no recognition will be accorded either
by the United Nations or any Member States to any representatives or organ established by that process;
4. Calls upon South Africa immediately to cancel the elections it has planned in Namibia in December 1978;
5. Demands once again that South Africa cooperate with the Security Council and the Secretary-General in the
implementation of resolutions 385 (1976), 431 (1978) and 435 (1978);
6. Warns South Africa that its failure to do so would compel the Security Council to meet forthwith to initiate
appropriate actions under the Charter of the United Nations, including Chapter VII thereof, so as to ensure South
Africa's compliance with the aforementioned resolutions;
7. Calls upon the Secretary-General to report on the progress of the implementation of the present resolution by
25 November 1978.

Adopted at the 2098th meeting by 10 votes to none, with 5 abstentions (Canada, France, Germany Federal Republic
of, United Kingdom of Great Britain and Northern Ireland, United States of America).

Namibia, South Africa
Related with resolutions
385 431 432 435
Quoted in resolutions
532 539 566 601
Security Council Composition