Cases of Practice | Sanctions

Last updated 30 August 2024This case study was part of the Assembly for Peace Handbook (2024).

Portuguese Territories (1961–1973)

In response to repeated non-compliance on de-colonization recommendations, the General Assembly recommended diplomatic, economic and military sanctions by Member States and NATO partners, and called on the Security Council to make these measures mandatory.

Related practice summary: Sanctions

On 15 December 1960, through GA resolution 1452 (XV) (A/RES/1542(XV)), the GA decided that a number of territories formerly under Portuguese administration (as colonies) were to be considered “Non-Self-Governing Territories” under Chapter XI of the UN Charter. These included the territories that would later become the African States of Angola, Mozambique and Guinea-Bissau. The same resolution requested that Portugal transmit information about these territories, in accordance with Chapter XI (ibid., para. 2). Since joining the UN in 1955, Portugal had taken the position that these were not “Non-Self-Governing Territories” but were “overseas provinces”, with the same legal status as Portugal’s national territory.1 It therefore did not comply with the resolution’s request and continued to maintain its administration of these territories.

The GA responded strongly to this: in December 1961, it passed resolution 1699 (XVI) (A/RES/1699(XVI)) (by a vote of 90-3-2) condemning Portugal’s non-compliance with Chapter XI, noted the “continuing deterioration” of the situation in Portuguese territories, and requested all Member States to “deny Portugal any support and assistance which it may use for the suppression of the people” in its territories. The same resolution also established a Special Committee on the Territories under Portuguese Administration, whose subsequent report observed Portugal’s non-compliance with the GA’s resolutions, as well as other severe human rights violations within the territories.2 In December 1962, in resolution 1807 (XVII), the GA more specifically called on Portugal to withdraw its forces and move toward recognizing the independence of the territories in question (A/RES/1807(XVII)). It also reiterated its previous calls for Member States to use their influence to induce the Portuguese Government to comply with its Charter obligations, and to that end, to refrain from offering it any assistance, including preventing “the sale of arms and military equipment to the Portuguese Government” (ibid., paras. 6, 7). It further requested the SC to “take appropriate measures” to secure the compliance of Portugal with all GA resolutions should it continue to refuse to do so (ibid., para. 8). Following on the heels of these GA resolutions, in July 1963, the SC urgently called on Portugal to recognize the right to self-determination of the people of the territories and requested all States to refrain from any assistance to Portugal that could be used for the suppression of people in the territories and to prevent the “sale and supply of arms and military equipment” for this purpose (S/5380, paras. 5(a), 6). It subsequently reiterated this call in another resolution a few months later, in December 1963 (S/5481).

Thereafter, GA calls for more comprehensive sanctioning measures increased, strengthening in urgency and scope the longer that Portugal’s non-compliance continued. In 1965, the GA passed resolution 2107(XX) (A/RES/2107(XX)) by a vote of 66-26-15, condemning Portugal’s “colonial policy” and its “persistent refusal” to comply with GA and SC resolutions, and calling on all States to render “moral and material support” to those seeking independence in these territories. Further, it requested Member States to introduce a number of additional sanctioning measures, including to prevent their nationals from engaging in foreign financing activities that would inhibit moves toward independence, urging Member States to “separately or collectively” break off diplomatic relations with Portugal, close their ports to Portuguese vessels, and to “boycott all trade with Portugal” (ibid., paras., 6, 7). The resolution specifically called on members of NATO to refrain from providing Portugal assistance, including arms or military equipment, and requested the SC to consider putting “appropriate measures laid down in the Charter” into effect (ibid., paras. 8, 11). The subsequent year, in 1966, it reiterated similar demands for sanctioning measures (including those related to NATO members’ provision of military support and cooperation), and recommended that the SC “make it obligatory for all States” to directly and indirectly implement the measures in resolution 2107(XX) (A/RES/2184(XXI), para. 7). In 1967, the same recommendations were repeated with greater urgency, including for the SC to make these various sanctioning measures mandatory (A/RES/2270(XXII)). Similar recommendations were included in annual resolutions passed in subsequent years (through 1973), with some more specifically outlining the sanctioning measures requested of NATO Member States, or calling for Member States to tighten restrictions on their nationals or companies’ engagement in economic activities in the territories in question.3

In 1972 the SC passed two resolutions, one sponsored by Guinea, Somalia and Sudan, that condemned Portugal’s actions (S/RES/322, para. 6), and a second that further deplored Portugal’s lack of compliance with prior resolutions, and called upon all States “to prevent the sale and supply of arms and military equipment to the Portuguese Government” that might be used in the context of “repression of the peoples of the Territories under its administration” (S/RES/312, para. 6). In 1974, the Portuguese military overthrew the previous Government in Portugal, leading to far-reaching reforms and the recognition of independence of its former colonies. In its last resolution on the topic, adopted without vote on 13 December 1974, the GA welcomed this development, and urged Portugal and all Member States to support decolonization (A/RES/3294(XXIX)).

Notes

  1. United Nations, “Chapter I: Questions relating to the Non-Self-Governing Territories”, Yearbook of the United Nations, 1962, vol. 16 (United Nations Publication, 1962), pp. 409–410. ↩︎
  2. United Nations, “Chapter VI: Territories under Portuguese administration”, Yearbook of the United Nations, 1963, vol. 17 (United Nations Publication, 1963), pp. 481–489. ↩︎
  3. See, for example, A/RES/2395(XXIII) (1968); A/RES/2554(XXIV) (1969); A/RES/2507(XXIV) (1969); A/RES/2707(XXV) (1970); A/RES/2795(XXVI) (1971); A/RES/3113(XXVIII) (1973). The last three resolutions are illustrative of the trend toward more specific restrictions for NATO Member States and on economic activities. ↩︎

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