Libya:
The 1949 UN Resolution Relevant to Libya's Independence
On 11 October 1949, a subcommittee of seventeen, which held meetings between 11 October and 1 November 1949, was appointed for the purpose of drafting a resolution relevant to Libya's independence. A series of compromises having been reached , the subcommittee drafted a resolution to the effect that Libya was to receive independence as soon as possible, and in any case not later than 1 January 1952.
Questions relating to Libyan unity, the role of the United Nations in achieving independence, and the withdrawl of foreign forces consumed most of the committee's time. After a prolonged discussion, however, a draft resolution was finally adopted by 49 votes to 1, with 8 abstentions. The draft resolution having been adopted by an overwhelming majority in Committee 1, the granting of indepencence by the General Assembly became almost certain. The report of the committee, prepared by the representative of Panama, was submitted to the General assembly on 19 November 1949. the debate lasted till 21 November .
In spite of doubts raised by the French delegation to the wisdom of the short time limit for independance, and the protest of the Soviet Union delegation that Libya be granted immediate independence, the resolution was adopted by a vote of 48 to 1, with 9 abstentions.
The text of the draft resolution relevant to Libya's independence follows:
1. That Libya, comprising Cyrinaica, Tripolitania and Fazzan, shall be constituted an independent and sovereign state;
2. That this independence shall become effective as soon as possible and in any case not later than January 1, 1952;
3. That a constitution for Libya, including the form of the government, shall be determined by representatives of the inhabitants of Cyrinaica, Tripolitania and Fazzan meeting and consulting together in a National Assembly;
4. That , for the purpose of assisting the people of Libya in the formation of the constitution and the establishment of an independent government, there shall be a United Nations Commissioner in Libya appointed by the general Assembly and a Counsil to aid and advise him;
5. That the United Nations Commissioner, in consultation with the counsil, shall submit to the Secretary-General an annual report and such other special reports as he may consider necessary. To these reports shall be added any memorandum or document that the United Nations Commissioner or a member of the Counsil may wish to bring to the attention of the United Nations;
6. That the Counsil shall consist of the ten members, namely:
(a) One representative nominated by the government of each of the following countries: Egypt, France, Italy, Pakistan, the United Kingdom, and the United States;
(b) One representative of the people of each of the three regions of libya and one represetative of the minorities in Libya;
7. That the United Nations Commissioner shall appoint the represetatives mentioned in paragraph 6(b) , after consultation with the administrative powers, the representatives of the governments mentioned in paragraph 6(a) , leading personalities and representatives of political parties and organizations in the territories concerned;
8. That, in the discharge of his functions, the United Nations Commissioner shall consult and be guided by the advice of the members of the counsil; it being understood that he may call upon different members to advice him in respect to different regions or different subjects;
9. That the United Nations Commissioner may offer suggestions to the General Assembly, to the Economic and Social Counsil, and to the Secretary-General as to the measures that the United Nations might adopt during the transitional period regarding the economic and social problems of Libya;
10. That the administering powers in co-operation with the United Nations Commissioner:
(a) Initiate immediately all necessary steps for the transfer of power to duly constituted independent government;
(b) Administer the territories for the purpose of assisting in the establishment of Libyan unity and independent, co-operate in the formation of governmental institutions and co-ordinate their activities to this end;
(c) Make an annual report to the General Assembly on the steps taken to imlement these recommendations;
11. That upon its establishment as an independent state, Libya shall be admitted to the United Nations in accordance with Article 4 of the Charter.
( Reference: Modern Libya, Majid Khadduri)
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