was described as "a significant new offer" regarding the deserted resort city of Varosha (New Famagusta), under Turkish control since the hostilities in July 1974. The Department's announcement stated in part:

Specifically, the Turkish Cypriots have proposed that an interim administration under U.N. aegis be established in Varosha as soon as intercommunal negotiations are resumed. They have proposed, further, that discussions be initiated promptly to plan for the setting up of this administration. This offer is designed to facilitate the return of some 35,000 Greek Cypriots to their homes and businesses in Varosha, which the Turkish Cypriots have indicated can begin as soon as the intercommunal talks are reconvened. This proposal is based on a suggestion put forward by U.N. Secretary-General Waldheim.

We consider this new offer to be a positive and forthcoming step on the part of the Turkish Cypriots and a clear indication of their desire to be conciliatory and to negotiate in earnest toward a just and enduring solution of the Cyprus problem. It should facilitate an early resumption of intercommunal negotiations. We hope that the Greek Cypriot side will respond in an equally conciliatory and forthcoming manner.

Ibid., p. 33; Dept. of State News Briefing, DPC 135, July 20, 1978.

President Carter commended the new proposal and "especially" welcomed the important new element in it which would permit the United Nations to supervise the administration of Varosha. A White House statement issued on July 21 added:

The President believes it is particularly important that no time be lost and no effort be spared in facilitating the return of thousands of refugees to their homes and in resuming meaningful negotiations under the United Nations to achieve a Cyprus settlement.

Ibid.

On July 24, 1978, the Department of State announced that the Government of Cyprus had (also) made a new proposal, that day, looking to the early resumption of Cyprus intercommunal negotiations under the United Nations Secretary-General; like the Turkish Cypriot proposal, ante, it related initially to the return of Greek Cypriot refugees to Famagusta (Varosha). The Department's announcement continued:

Under the proposal, all Turkish troops would be withdrawn from the city, which would be placed under the security control of the United Nations for a period of time, and the inhabitants of the city would be permitted to return.

The Greek Cypriot side indicated that once the inhabitants begin returning to their homes, it would immediately be ready to resume U.N.-sponsored negotiations with the Turkish Cypriots.

We welcome this proposal as a positive development. Although the Greek Cypriot proposal appears to differ in certain respects from the Turkish Cypriot proposal of July 20, we believe that a solid basis now exists for discussions regarding the important humanitarian problem relating to Varosha and, thereafter, for resuming the Cyprus intercommunal talks.

See also, Deputy Secretary of State Warren Christopher to Senator John J. Sparkman, Chairman, Senate Committee on Foreign Relations, letter, July 24, 1978, Cong. Rec., Vol. 124, No. 113 (daily ed., July 25, 1978), p. S11691.

In the President's report on Cyprus, transmitted to the Congress under date of September 1, 1978, he noted approval by the (House) conference committee on the (International) Security Assistance bill, of language ending the statutory restrictions on Turkish arms transactions. The Senate had voted favorably, by 57 to 42, to end the embargo, on July 25, 1978. See, further, this Digest, Chapter 14, § 6, post.

The Senate's vote is at Cong. Rec., Vol. 124, No. 113 (daily ed., July 25, 1978), p. S11712. A White House statement regarding the Senate action is at Weekly Comp. of Pres. Docs., Vol. 14, No. 30, July 31, 1978, p. 1337; Dept. of State Bulletin, Vol. 78, No. 2018, Sept. 1978, p. 34. For the President's report, ante, see ibid., No. 2020, p. 31; Weekly Comp. of Pres. Docs., Vol. 14, No. 35, Sept. 4, 1978, pp. 1481–1482. The International Security Assistance Act of 1978, sec. 13 of which permitted lifting of the prior restrictions, was signed Sept. 26, 1978 (P.L. 95-384, 92 Stat. 730, 737; 22 U.S.C. 2370(x), 2373).

President Carter's next report on the Cyprus conflict, transmitted to the Congress under date of November 30, 1978, referred to Secretary of State Cyrus R. Vance's statement before the United Nations General Assembly on September 29, that the United States would welcome and actively support "a renewed effort by U.N. SecretaryGeneral Waldheim to help the parties reach agreement on a sovereign, bicommunal, nonaligned Federal Republic of Cyprus." (For Secretary Vance's address to the United Nations General Assembly, September 29, see Department of State Bulletin, Volume 78, Number 2020, November 1978, pages 45, 50.)

Weekly Comp. of Pres. Docs., Vol. 14, No. 48, Dec. 4, 1978, pp. 2103, 2104. On Nov. 7, 1978, the Special Political Committee of the U.N. General Assembly heard the views of the representatives of the Cypriot communities, and the General Assembly, taking into account the report of the Special Political Committee, adopted, by a vote of 110 in favor to 4 against (Iran, Pakistan, Saudi Arabia, and Turkey), with 22 abstentions (United States), Res. 33/15, “Question of Cyprus," which read:

The General Assembly,

Having considered the question of Cyprus,

Recalling its Resolution 3212 (XXIX) of 1 November 1974 and its subsequent resolutions,

Greatly concerned over the prolongation of the Cyprus crisis, which continues to constitute a serious threat to international peace and security,

Deeply regretting that the resolutions of the United Nations on Cyprus have not yet been implemented,

Expressing deep concern over the lack of progress in the intercommunal

talks,

Deploring the continued presence of foreign armed forces and foreign military personnel on the territory of the Republic of Cyprus and the fact that part of its territory is still occupied by foreign forces,

Deploring also all unilateral actions that change the demographic structure of Cyprus,

Mindful of the need to settle the question of Cyprus without further delay by peaceful means in accordance with the provisions of the Charter of the United Nations,

1. Reiterates its full support for the sovereignty, independence, territorial integrity and nonalignment of the Republic of Cyprus and calls once again for the cessation of all foreign interference in its affairs;

2. Demands the immediate and effective implementation of Resolution 3212 (XXIX), unanimously adopted by the General Assembly and endorsed by the Security Council in its Resolution 365 (1974) of 13 December 1974. and of the subsequent resolutions of the Assembly and the Council on Cyprus, which provide the valid basis for the solution of the problem of Cyprus;

3. Demands the immediate withdrawal of all foreign armed forces and foreign military presence from the Republic of Cyprus;

4. Requests the Secretary-General to continue to provide his good offices for the negotiations between the representatives of the two communities;

5. Calls for respect of the human rights of all Cypriots and the instituting of urgent measures for the voluntary return of the refugees to their homes in safety;

6. Calls for the urgent resumption in a meaningful and constructive manner of the negotiations under the auspices of the Secretary-General between the representatives of the two communities, to be conducted freely on an equal footing on the basis of comprehensive and constructive proposals of the parties concerned with a view to reaching as early as possible a mutually acceptable agreement based on their fundamental and legitimate rights;

7. Calls upon the parties concerned to refrain from any unilateral action which might adversely affect the prospects of a just and lasting solution of the problem of Cyprus by peaceful means and to cooperate fully with the Secretary-General in the performance of his task under the relevant resolutions of the General Assembly and the Security Council as well as with the United Nations Peacekeeping Force in Cyprus;

8. Recommends that the Security Council should examine the question of the implementation, within a time frame. of its relevant resolutions and consider and adopt thereafter. if necessary, all appropriate and practical measures under the Charter of the United Nations for ensuring the implementation of the resolutions of the United Nations on Cyprus:

9. Decides to include the item entitled “Question of Cyprus" in the provisional agenda of its thirty-fourth session and requests the Secretary-General to follow un the implementation of the present resolution and to report on all its aspects to the General Assembly at that session.

U.N. Doc. A/RES/33/15, Nov. 15, 1978.

For U.N. Secretary-General Waldheim's report to the General Assembly, pursuant to U.N.G.A. Res. 32/15, Nov. 9, 1977, see U.N. Doc. A/33/348. Nov. 2, 1978. In a renewed effort to stimulate a resumption of intercommunal negotiations, the United States submitted a number of substantive proposals to the Greek and Turkish Cypriots on Nov. 10, 1978. The Governments of the United Kingdom and Canada had participated in the preparation of these proposals, and supported their presentation to the parties as a possible basis for resumed negotiations.

The U.N. Security Council, by Res. 430 (1978), adopted June 16, 1978 (14-0-0, China not participating), had extended the stationing in Cyprus of the U.N. Peacekeeping Force in Cyprus (UNFICYP), established under S/RES/186

(1964), for a further 6-month period, ending Dec. 15, 1978. For the vote, see U.N. Doc. S/PV.2080, June 16, 1978, p. 3. By Res. 443 (1978), adopted Dec. 14, 1968 (14-0-0, China not participating), the Security Council extended it for the 6-month period ending June 15, 1979. For the vote, see U.N. Doc. S/PV.2107, Dec. 14, 1978, p. 3. The reports of the U.N. Secretary-General, upon which the respective resolutions were predicated, are at U.N. Docs. S/12723, May 31, 1978, covering the period Dec. 1, 1977, to May 31, 1978, and S/12946, Dec. 1, 1978, covering the period June 1-Nov. 30, 1978. See, further, in regard to the U.N. Peacekeeping Force in Cyprus (UNFICYP), this Digest, Ch. 14, § 5.

At the request of Cyprus, the Security Council also considered the Cyprus problem at its 2099th meeting on Nov. 15, and at its 2100th meeting on Nov. 27. At the 2099th meeting, the Foreign Minister of Cyprus, Nicos Rolandis, on behalf of his Government, asked the Council to consider measures against Turkey under Art. 41, Ch. VII, of the U.N. Charter, upon the basis of operative par. 8 of U.N.G.A. Res. 33/15, ante. See U.N. Doc. S/PV.2099, Nov. 15, 1978, p. 7. On Nov. 27, the Security Council adopted by consensus Res. 440 (1978), which read: The Security Council,

Having considered the situation in Cyprus in response to the letter dated 7 November 1978 from the Permanent Representative of Cyprus to the United Nations (S/12918),

Deeply concerned at the lack of progress in the solution of the Cyprus problem,

Taking note of the relevant General Assembly resolutions concerning Cyprus, Mindful of the urgency of solving the Cyprus problem without further delay, 1. Reaffirms its Resolutions 365 (1974), 367 (1975) and subsequent resolutions, including Resolution 410 (1977);

2. Calls upon the parties concerned to comply with and cooperate in the implementation of those resolutions within a specific time frame;

3. Urges the representatives of the two communities to resume negotiations, under the auspices of the Secretary-General, on an agreed basis, bearing in mind the aforementioned resolutions;

4. Requests the Secretary-General to report on the efforts made with regard to the negotiations referred to in paragraph 3 and on the progress towards the implementation of its resolutions by 30 May 1979, or earlier if developments should warrant it;

5. Decides to remain seized of the matter and to review the situation in June 1979 in order to continue to promote a just solution to the Cyprus problem.

U.N. Doc. S/RES/440 (1978), Nov. 27, 1978. For the consensus vote, see S/PV.2100, Nov. 27, 1978, p. 36.

See, further, the 1976 Digest, pp. 628-629, 631, 632, and the 1975 Digest, pp. 6-7, 755–757. For the early history of the U.N. Peacekeeping Force in Cyprus, see Whiteman, Digest of International Law, Vol. 12 (1971), pp. 655–694.

P.L. 94-104, § 2(c) (2), Oct. 6, 1975, amending sec. 620 (x) of the Foreign Assistance Act of 1961, as amended (89 Stat. 508, 509; 22 U.S.C. (1976) 2370 (x) (2)), required the President to submit to the Congress within 60 days after Oct. 6, 1975, and at the end of each succeeding 60-day period, a report on progress made during such period toward the conclusion of a negotiated solution of the Cyprus conflict. P.L. 95-384, ante, provided in sec. 13, par. (a) that sec. 620(x) of the Foreign Assistance Act of 1961 should be of no further force and effect upon a Presidential determination and certification regarding, inter alia, certain actions to be taken toward a settlement of the Cyprus problem. Sec. 13, par. (c) re-established the 60-day reporting requirement, beginning 60 days from enactment of P.L. 95–384; the President's report to the Congress, Nov. 30, 1978, antc, was made pursuant to this provision. For the full text of sec. 13 of P.L. 95–384, see this Digest, Ch. 14, § 6, post.

Namibia

Self-Determination

Under date of April 10, 1978, representatives of five Western members of the United Nations Security Council-Canada, France, the Federal Republic of Germany, the United Kingdom, and the United States-transmitted to the President of the Security Council a compromise proposal for settling the Namibian question, drawn up by their Governments upon the basis of lengthy negotiation and consultation with the various parties involved. The proposal, designed to bring about a peaceful transition to independence and the installation of an independent, freely elected Government in Namibia, in accordance with Security Council Resolution 385, January 30, 1976, was based upon complete cessation of hostilities between South West African People's Organization (SWAPO) guerrillas and South African troops in the territory, and the establishment of free and fair elections, under United Nations supervision, in which Namibians would select a Constituent Assembly to adopt a constitution for an independent Namibia.

The proposal detailed requirements for conduct of the elections and assigned a key role to a special representative of the United Nations Secretary-General working with the Administrator General appointed by South Africa, in order to ensure an orderly transition to independence. The United Nations Special Representative would be required to satisfy himself at each stage of the electoral process as to the fairness and appropriateness of all measures affecting it at every level of administration, before such measures might take effect. To carry out his duties satisfactorily, he would have at his disposal a "substantial" civilian section of a United Nations Transition Assistance Group (UNTAG), whose military section would ensure that all parties observed the provisions relating to cessation of hostilities. To meet the objective of free and fair elections, requirements were specified for repeal by the Administrator General of discriminatory or restrictive laws, regulations, or administrative measures that might abridge or inhibit the objective, for release of all Namibian political prisoners or political detainees held by South African authorities, and for return of all Namibian refugees or Namibians detained or otherwise held outside Namibian territory.

Provisions were also included (with an annexed timetable for implementation), covering: the comprehensive cessation of all hostile acts and restriction of South African and SWAPO armed forces to base; a phased withdrawal from Namibia of all but 1,500 South African troops within twelve weeks and prior to the official start of the political campaign; demobilization of citizen forces, commandos, and