Re-instate GOA as NON SELF GOVERNING TERRITORY per UN Resolution 1542 (XV) of 15.Dec.60

                                                  SUMMARY

This Petition is a replacement of the ‘FREE GOA’ Petition which was closed on the Change.org website for technical reasons and is now posted on this avaaz.org website. Citizens of all countries  (not only people of Goa) are requested to sign this petition in large numbers in support as the petition matter is an international issue before the United Nations, a world body.

This petition now has a limited time frame and shall be formally registered with the United Nations, New York, latest by June, 2021. This petition therefore must get a huge number of signatures in support to impress upon   ANTÓNIO GUTERRES  the Secretary Gen of the UN [1 Jan. 1917 - 31 Dec. 202 1] and the UN General Assembly that this petition has worldwide support.

This petition is akin to any aggrieved person seeking legal remedy from a Court of Law or appealing before a Competent Authority for redressal of grievances. Therefore no signatory to this petition can be prosecuted or punished by any authority just as any person rightly or wrongly approaching a court of law or a competent authority cannot be prosecuted for seeking redressal of grievances or seeking justice.

This Petition is a true reflection of historical facts with supporting documents which are in public domain..

Frustrated by India's broken promises of conferring on  Goa the   "Special Status" under Article 371 of the Indian Constitution , this petition appeals to the current members of the United Nations General Assembly (UNGA) to re-instate GOA's status as a 'NON SELF GOVERNING TERRITORY' as per UN resolution 1542 (XV) of 15.Dec.60 . Grave and irreparable loss, injury, injustice and distress has been caused to the people of Goa by the removal of Goa from the said list of UN Non Self Governing Territories by the UN itself, which is supposed to be a conscience keeper of world peace, human rights and dignity.

India invaded Goa while it was listed with the UN as a Non Self Governing Territory and was enjoying UN protection along with several other Portuguese Colonies. As India was about to invade Goa the UNSC (United Nations Security Council) passed a majority resolution S/5033 in the 988th meeting on 18.Dec.61 requiring India to withdraw its forces from Goa to its pre 17.Dec.61 position which was vetoed by USSR which itself has disintegrated since 1991  but its veto is allowed to continue to permit India's occupation of Goa. . The UN has not only failed to take steps as per the provisions of the UN Charter with regard to the illegal invasion of Goa, a Non Self Governing Territory but on the contrary unjustly deleted Goa from its list of Non Self Governing Territories.

Several invasions similar to Goa's invasion have taken place, but the UN has selectively dealt firmly and decisively only with invasions of Falkland Islands (invaded by Argentina 1982), East Timor (a Portuguese Colony like Goa listed as a Non Self Governing Territory invaded by Indonesia and occupied since 1975 for   twenty-four years, now an independent country) and Kuwait (invaded by Iraq in 1990). But the Goa matter which is still being referenced repeatedly even in the UN debates, was itself improperly handled by the UNGA making it difficult to understand on what basis the august UN itself struck Goa out of its list of Non-Self-Governing Territories, rebuffed the Goan delegation of 4 to the Trusteeship Committee and even attempted to expunge their testimony from the UN records, which was luckily stayed, thanks to some friendly nation members, and finally, by making an entry in the UN Year Book of 1962 that Goa was nationally REUNITED with India. Ironically the UN resolution to include Goa in the list of Non Self Governing Territories was passed with the help of India, which has gained respect and legitimacy for its defiance of the UN Charter to be elected to the Security Council on at least six separate occasions from 1966 to 2012 and is presently actively seeking for a permanent seat at the UN as a reward for its record of defiance of the UN Charter.

The people of Goa, have been under the Portuguese governance for 450 years, nurtured and formatted in a way of life that is appreciated even to this day by the whole world. Goans, by nature, are peaceful, non violent and very hospitable people. Unlike the people of Angola, East Timor and other Portuguese Colonies "non self- governing territories"  Goans did not resort to violent protest or take up arms to assert their territorial rights. Portugal, which was humiliated and unceremoniously driven out of Goa by India through an illegal invasion against the UN Charter and worldwide opposition, swallowed its own self respect and pride, and like a traitor with treacherous intent betrayed the people of Goa by signing an ‘ILLEGAL TREATY’ [see Dr. Innocencio Galvao Teles’ interview of O’Diabo]  with India in 1974 without taking them into confidence for their opinion, whom Portugal considers as its citizens by an act of its parliament.
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Portugal was expected to protect the interests of the people of Goa, (its own deemed citizens). Goans would not have opposed this ‘TREATY’ with India, but if consulted,  would have demanded inclusion into the Treaty the following CLAUSES.   (a) That India grants   ‘Special Status’ to Goa under Article 371 of its Constitution, in keeping with the often repeated promises of Prime Minister Jawaharlal Nehru, the architect of the invasion of Goa, that India would protect Goa's unique identity and (b) to make India observe the 1949 Geneva Conventions which mandates that unprecedented “IN and OUT” flow of population in an occupied territory (Goa) has to be controlled by the occupying nation (India) to prevent dilution of the existing ethnic population in the occupied territory (Goa).  This would result in preserving the unique Goan identity and would prevent the ethnic Goan population from getting diluted by the unprecedented influx of Indian population into Goa and the resultant displacement of the frustrated ethnic Goans to other parts of the world. Today the extent of the pressure on the Goan land from the immigrant non Goan Indian population settling in Goa is so much that Goans can no longer afford to buy land in their own homeland to build dwelling houses for their own selves. Moreover, ethnic Goan electoral votes from original Goans is getting to be insignificant in elections as they are almost getting outnumbered by the voting might of the huge amount of Non Goan settlers in Goa.  

It must be noted that the only REFERENDUM that India conducted is  the OPINION POLL [GOA]  of  16 January, 1967 seeking from the people of Goa their opinion whether they wanted GOA to remain SEPARATE or MERGED into the neighbouring Indian state of Maharashtra. Although the said Opinion Poll was not based on the UN Charter’s Principle IX and was not conducted nor supervised by the UN, the people of Goa chose, with overwhelming majority, to remain SEPARATE.

Goans having been frustrated, slighted, cajoled and insulted  by false promises, starting with Jawaharlal Nehru’s pre-invasion promises of protecting the unique identity of Goa, of not coercing them to join the Indian Union against their wishes etcetera, and the false election promises of the mainstream political parties, the Congress and the BJP alike, of conferring on Goa, the much demanded  Special Status.  

The aim of the UN Charter is “Peace”  but the continuing resultant " Torment”  being suffered by the Goans for almost 60 years continues to be, and ever will be held against the UN by future generations and questioned by legal professionals the world over. Therefore there is an urgent need for the current members of the UN to review the matter of Goa’s invasion and continuing occupation by India so that Goans can finally get the ultimate justice and closure. The least the UN General Assembly can do is to re-instate Goa in the list of “Non-Self Governing Territories” from which it was struck off in a hurry.

For all those reasons, Goans now appeal to the  United Nation General Assembly (UNGA) to grant them the relief of re-instating Goa in the UN list of NON SELF GOVERNING TERRITORIES to once again enjoy the privileges  enshrined in the ‘PRINCIPLE IX’ [Principle 9] of the United Nation’s Charter which has been widely ignored since the past almost  60 years,  to save their Goa from total environmental,  socio-economic and demographic disaster.

The actions of the UNGA in handling this petition will prove to the entire world whether the UN is going to be relevant or whether it is going to be a league of nations, irrelevant. 

NOTE: Please click on or copy paste the internet links wherever provided at paragraph ends into your internet browser to open and read the supporting documents.

                                                       PETITION
The indigenous people of Goa known as “Goans” from the Goa Territory of “Estado da India” {the term ‘India’ meaning “Goa, Damao, Diu, Dadra and Nagar-Aveli”}, (hereinafter referred to as “Goa” for the sake of brevity); displaced Goans living outside Goa, Goans living in exile in other foreign countries; Goan allies and sympathizing citizens of the world; hereby prayerfully petition the United Nation General Assembly and state that:
1.   INDIA WAS BORN ONLY IN 1947: Until the year 1858 the Indian peninsula was politically fragmented and comprised of over 560 princely states ruled by indigenous rulers. From 1858 onwards the British captured most of these princely states and formed a unified India, officially a British colony till 1947. The Republic of India was formed in 1947 after it gained independence from the British.
2.   PROOF OF GOA’S SOVEREIGNTY vis-à-vis UN & INDIA’s ACCEPTANCE: Although geographically contained in the Indian sub-continent, Goa was already politically established as “Estado da India” and was in continuous existence for 451 years since the year 1510, under Portuguese rule and was neither a part of the British Colony nor a part of India, because India did not exist until 1947. The Republic of India subsequently became a member of the United Nations and exchanged diplomatic missions with Portugal on 12th August 1948.

• India held its General Consulate in Goa’s capital city, Panjim, till 1955. This is prima facie proof that Goa was recognized by India as a sovereign neighboring country. If Goa was an Indian Territory,  India would not have had diplomatic relations with its own territory.   ·      
• India through its Charge d'Affaires in Lisbon, in aide-memoire, requested Portugal to transfer to itself its sovereignty in Goa This was Indian admission that sovereignty lied with Portugal contrary to its claims during the UNSC meetings 987 and 988 of 18.Dec.61
• The International Court of Justice (ICJ) had previously on 12.Apr.60 ruled in the “Right of Passage Case” that India had no right of claim on the enclaves of Dadra and Nagar Aveli, parts of Damão district, a dependency of Goa and Portugal’s right to passage in exercise of its sovereignty over its enclaves .
  
• If India had legally annexed Goa to the Indian Union on December 20, 1961, it would have had full sovereignty over Goa as per the Judgment. of the Supreme Court of India March 26, 1969. But it is evident that India itself did not believe that it had full sovereignty of Goa and that is why it persuaded Portugal to pass on the sovereignty of Goa through the illegal Treaty of 1974. 

https://www.icj-cij.org/en/case/32  https://1drv.ms/b/s!AqeIIFnYk7yPjAzmeLDPCsaZiDgw?e=J4WkqQ     https://www.icj-cij.org/files/case-related/32/12675.pdf

3.   INDIA SUPPORTED GOA AS “NON-SELF GOVERNING TERRITORY”: The UNGA declared Goa along with all other Portuguese colonies as Non-Self-Governing Territories (qualifying for self-determination or plebiscite) , in light of the provisions of Chapter XI of the Charter, UNGA resolution 742 (VIII) and principles approved in resolution 1541 (XV)  of 15 Dec 1960 on the recommendations of the ad hoc Committee of Six elected by UNGA vide resolution 1467 (XIV) of 12.Dec.59. Indian Ambassador to UN Mr. Chandra. S. Jha was President of the said committee. At that time India did not claim Goa as its territory and voted in favour of the resolution.
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https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/142/90/IMG/NR014290.pdf?OpenElement

4 .   INDIA ILLEGALLY ASSUMED THE ROLE OF UN: Indian PM, Nehru stated on 21. Aug.55 , “It is not true that we covet Goa. That small bit of territory does not make any difference to this great country India. We do not desire to impose ourselves on the people of Goa against their wishes. It is definitely their responsibility to choose for themselves. We have assured Goans that it is for them to establish their own future and I further assure them on matters such as Religion, Languages and Customs”. Nehru continued to promise that Goa would retain its distinct identity and that the people of Goa would be consulted on any decision about their territory. Mr. Nehru’s words since 1956 in his public speeches as well as in Parliament, preparing for India’s take-over of Goa must be noted, Quote If the people of Goa, minus the Portuguese deliberately wish to retain their separate identity, I am not going to bring them by force, compulsion or coercion into the Indian Union Unquote. He later changed his stand to say, Quote Goa is part of the Indian Union and it shall return Unquote . Since then India started claiming that Goa was one of its territories, had a constant struggle with Goa including sponsored cross border terrorist attacks. India illegally assumed the role of the UN and high-handedly took unilateral action on its own, in ending the Portuguese colonial rule in Goa a Non Self Governing Territory under UN protection. http://goa-invasion-1961.blogspot.ca/2013/04/vae-victis-from-book-nehru-seizes-goa.html http://www.ocnus.net/artman2/publish/Dark_Side_4/THE-DIRTY-GAME-PLAYED-BY-V-K-KRISHNA-MENON-AGAINST-GOA--1961.shtml

5.   SECURITY COUNCIL RESOLVES ANNEXATION OF GOA AS ILLEGAL: In the 988th meeting of the SNSC on 18.Dec.61, USA, UK, France, Turkey, Chile, Ecuador, and Nationalist China , acting on a complaint by Portugal passed a majority resolution S/5033 declaring the annexation of Goa by India as illegal and called for the cessation of hostilities, withdrawal of Indian forces from Goa, and for India and Portugal to solve differences through peaceful means. In the preamble of the draft resolution, Article 1(2) was recalled and the principle of self-determination by the people of Goa debated. The majority resolution was defeated by the Soviet veto–the 99th cast by the USSR. in the UNSC as a favour to India by the world’s most notorious colonizing nation. The USSR, a totalitarian country (which itself had openly practiced neo-colonialism in Poland, Czechoslovakia and other Eastern European countries), had the audacity to hypocritically state that the "end of colonialism has to come" when it vetoed the majority resolution requiring the Indian Forces to retreat from Goa to their pre 17.Dec.61 positions. It is ironical that a VETO by USSR still stands while USSR itself has disintegrated since December 26, 1991.   https://1drv.ms/b/s!AqeIIFnYk7yPjBFc5Ei3nMFS-okF https://1drv.ms/b/s!AqeIIFnYk7yPjBJkesTKAiILLXFY https://1drv.ms/b/s!AqeIIFnYk7yPjBNe22JEpBGYvXX7

6.   INDIA ILLEGALLY INVADED GOA CLAIMING IT AS INDIAN TERRITORY: India in violation of the sovereign rights of Portugal, the Charter of the United Nations, and world order, illegally conquered, occupied and annexed Goa on 19.Dec.61. India fabricated a false claim that since Goa was geographically a part of the Indian subcontinent, it was an Indian Territory, and that India had a right to put an end to the Portuguese colonial rule unilaterally, ignoring the fact that only a year before it had voted in favor of including Goa in the UN list of Non Self Governing Territories. This principle, if accepted would permit Panama, to occupy the Canal Zone, or Spain to seize Gibraltar and Alaska to be a part of Canada. If geography should pertain, Pakistan, Sri Lanka, Bhutan and other nations of the Indian subcontinent also should have been annexed by India. Sri Lanka is inhabited by a substantial population of Indian origin which was violently fighting for independent North Eastern areas for decades as Tamil Elam, with massive casualties. Indian Hindu religious texts also document religious ties with Shri Lanka from Vedic times. India even sent a Peace Keeping Force to Sri Lanka but never suggested nor claimed it to be Indian Territory. At no time in history was the Indian subcontinent politically united, because historically, there were Hindu empires and kingdoms just as there were Mughal , Bahamani empires and kingdoms, and, lastly there was the empire of British India in the Indian sub-continent. None of all these empires and kingdoms at any time ever extended over the entire geographical region today known as India and during the rise and fall of all these empires and kingdoms none of them affected Goa. Acceptance by the political leaders of India, that the subcontinent was the home of more than one nationality led to the agreed division of British India into two States as late as 1947 causing Pakistan to come into being. Although Pakistan, Nepal and Bhutan are situated in the Indian subcontinent, they are not considered a parts of Indian Territory. India grew out of a part of the former British India which held a part of the Indian subcontinent which included Nepal, Sikkim, Bhutan, Pakistan, Sri Lanka and Myanmar as well. But the very description of Goa as a "foreign pocket" always showed that the territory was all the time regarded by the people of India and their political leaders as a foreign territory and not a part of India. Politically, Goa had nothing to do with the old British India Empire except to live as a good neighbour. Mr. Jha, the Indian representative at the UNSC 987th meeting (para 37) Quote Now, these so called sovereign rights of the Portuguese Government in India – what do they derive from? They derive from a naked, unabashed application of force, chicanery and trickery inflicted on the people of India 450 years ago  Unquote. Historically the Portuguese were invited to Goa by a Goan called Timoji [Timoja] to liberate Goa from the tyranny of Yusuf Adil Shah whereas, India orchestrated its own invitation to Goa by financing terrorists to demand the end of the Portuguese rule because the Portuguese would not relinquish Goa to India. Unsuccessful with several attempts to create unrest in Goa, India finally gate crashed by invading Goa. India on the other hand was invited by East Pakistan in 1971, now Bangladesh, to free the territory from West Pakistan. India went to war to free East Pakistan but did not occupy East Pakistan and annex it to the Indian Union, which it should have done under the normal circumstances. Chicanery and trickery which India blamed on Portugal were actually played by India , because behind the violent occupation of Goa also stood India’s economic interest as Goa's export of iron ore would yearly add 212 Million Rupees to the Indian Treasury to build up its money reserves from only 982 Million Rupees according to "Der Spiegel" the West German . Magazine. Also at that time there were rumours that NATO was to set up its base in Goa in alliance with Portugal, which also prompted India to make a pre-emptive strike on Goa. Nothing deterred India from sending a force of 46,000 troops, jet bombers, fighter planes, an aircraft carrier, cruisers, destroyers and anti-submarine frigates to overwhelm Goa’s 3,500 Portuguese defenders, violating all norms of morality. India’s claim that the Portuguese had fortified their defences with 25,000 troops with modern NATO weapons were blatant lies. These blatant lies have been exposed in the report filed from Goa by acclaimed NBC Bureau Chief Mr. Putnam Welles Hangen an American hero and Ex-First Lieutenant buried after his death after a 21 gun salute in Arlington National Cemetery, USA . https://portugueseindia.wordpress.com/2011/07/09/the-dirty-game-played-by-v-k-krishna-menon-against-goa/

7.   INDIAN ARROGANCE & INSULTS AT THE UN: India got its own independence by preaching nonviolence and ‘Peaceful Satyagraha’ to the world, but the same India soon turned into a forceful and arrogant invader showing its true colours through insults and defiance of UN when C S Jha, Indian Ambassador stated at the UNSC 987th meeting Quote The invasion of Goa is a question of getting rid of the last vestiges of colonialism in India. That is a matter of faith for us. Whatever anyone else may think, Charter or no Charter, Council or no Council, that is our basic faith which we cannot afford to give up at any cost Unquote.Krishna Menon, the then Indian Defence Minister boasted Quote Had the Security Council intervened, we would not have stopped the action (to take Goa by military force). We had learned some lessons. ….The nation that behaves well is always in a bad position Unquote. C. S. Jha also stated in the UNSC, Quote International Law should be cast into the dustbin of history and its founders, Grotius, Bodin and the rest of the great family, should be relegated to the museums because they were Europeans whom my country does not like Unquote. The same India is now going around the world like a wolf in sheep’s clothing seeking support from the very same USA and Western and European countries it defied and insulted and did not like , to get a permanent seat at the UNSC. India now wants the world community to reward an aggressor for its open and arrogant contempt for the Charter, International law and its subordination. Once again in 1969, during a debate on the complaint by Guinea     Bissau against Portugal in the UNSC, Mr. C. S. Jha stated Quote “ I am not ashamed to declare that if colonies cannot be liberated through peaceful efforts, then there is no alternative but to drive out the colonial powers by force. In the case before the Council, India's position is that the process of bilateral negotiation is not applicable because the United Nations is committed to the elimination of colonial regimes, and Portugal has refused to abide by that principle or to carry out any of the relevant resolutions adopted by the United Nations Unquote Furthermore, Mr. C.S. Jha also stated (at para 43 of the proceedings) Quote The point is that this is a colonial territory which is a part of India – an inseparable part of India – and it must come back to India. The people of Goa must join their country in freedom and democracy Unquote. Goa too was an independent country in the bosom of the Indian subcontinent, which was colonized by the Portuguese centuries ago, and re-colonized by India. The ramblings of Mr. C. S. Jha in the UNSC debates 987 & 988, therefore were blatant lies. This is the same Indian delegate, member of the ad hoc Committee of ‘Six’ of the UNGA who had earlier voted to include Goa in the list of “Non-Self-Governing Territories ” now voicing a “India does not care for the United Nations ” attitude. Through these statements, India, in a display of arrogance, admitted to illegally executing the commitment of the UN of eliminating colonial regimes by forcefully annexing one of them by war and disrupting world peace against the Charter. India was gaining legitimacy through defiance of the Charter. It is clear that Mr. Jha resorted to false syllogisms and sophistry in his arguments and the world community saw through those arguments for what they were to vote against India’s action in Goa. 
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http://cdn.un.org/unyearbook/yun/chapter_pdf/1969YUN/1969_P1_SEC1_CH7.pdf     
https://repository.law.wisc.edu/s/uwlaw/media/21621

8.   INDIA CRITICIZED BY INTERNATIONAL COMMUNITY : A host of countries including the United States, England, Australia, France, Germany, Canada, Spain, Netherlands, New Zealand and Pakistan criticized India at the time for preaching non-violence to the world but indulging in violation of the Charter of the United Nations and the Geneva Convention through using military force in Goa. Referring to the perception, especially in the West, that India had previously been lecturing to the world about the virtues of nonviolence, US President J. F. Kennedy told the Indian ambassador to the US, Quote “You spend the last fifteen years preaching morality to us, and then you go ahead and act the way any normal country would behave.... the preacher was caught coming out of a brothel’ Unquote, clearly hinting at the Indian Prime Minister, Jawaharlal Nehru’s rhetoric on non-violence .
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9.   ABDICATION OF DUTY BY THE GENERAL ASSEMBLY AND THE SECURITY COUNCIL: After the Soviet veto, the UNSC totally abdicated its duty and ignored the matter of illegal occupation of Goa by India. The vetoed resolution was for cessation of hostilities, withdrawal of Indian forces, and a solution to differences between India and Portugal through peaceful means. The veto did not permit India to take unilateral action to invade Goa, re-colonize continue to illegally occupy it.  The veto also in no way obstructed, stopped nor hindered the UNSC from taking steps against India for invading and annexing Goa by force against Article 22 of the League of Nations Covenant as well as Articles 75-85 of UN Charter especially as Goa was a Non Self Governing Territory at the time of invasion by India. The Soviet veto was certainly not an opportunity for Goa to be struck off the UN list of Non Self Governing Territories.

10.   INVASION & ANNEXATION OF GOA IS ILLEGAL AS PER LAW & CHARTER: In order for its use of force in Goa to be considered legal under the UN Charter, India had to argue one of three points:
a) Its use of force was not “against” any other state, because Goa was really a part of India,
b) Its use of force had the approval of the Security Council; or
   c) Its use of force was in self-defence to a Portuguese “armed attack”.     Unfortunately for India, it pursued the first line of argument. Its delegate in the Security Council debates argued without citing specific laws, that it was the colonization of Goa by Portugal that was illegal and thus Goa was not Portuguese. Defence Minister of India argued, “India had not violated any one’s territorial integrity” Unfortunately for India, just a year earlier the UNGA had declared Goa as a “Non-Self-Governing Territory” under Portuguese administration and India was a signatory to the declaration and did not claim that Goa was Indian Territory till that time. That same year the ICJ acknowledged Portugal’s sovereignty over Dadra and Nagar Aveli, two Portuguese possessions in the Indian sub-continent with the same colonial history as Goa. Therefore India’s first main argument was out.
    Next, the Security Council did not approve use of force by India in Goa. Unfortunately disagreement at the time prevented the UNSC from reaching a decision on the Goa conflict and the ICJ was not asked to arbitrate or provide an advisory opinion. So the second argument was not available.
    Finally, India did not argue self defence to a Portuguese “armed attack”. So by all conventional interpretations, India’s annexation of Goa breached Article 2 of the UN Charter.  
    Illegal Indian claim of acquisition of Goa . Key agreements like the 1907 Porter Convention, the 1920 Covenant of the League of Nations and the 1928 Kellogg–Briand Pact, culminated in Article 2(4) of Chapter I of the United Nations Charter, which is in force till today: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations". Since the use of force against territorial integrity or political independence is illegal, title or sovereignty cannot be transferred in such a situation. It is generally held that countries are under obligation to abide by the Stimson Doctrine that a state: "cannot admit the legality of any situation de facto, nor recognize any treaty or agreement entered into between those Governments... not... recognize any situation, treaty or agreement which may be brought about by means contrary to the covenants and obligations of the Pact of Paris of August 27, 1928". These principles were reconfirmed by the 1970 Friendly Relations Declaration .    
     Annexation of Goa by India is illegal because annexation is a forcible, violent or unilateral seizure and or incorporation of a territory belonging to a sovereign state into the domain of another sovereign country.  Annexation has been strictly rejected and prohibited in terms of American President Woodrow Wilson’s No-Annexation Doctrine soon after WWI. This is why and how Mandate System and Trusteeship System were instituted, in the first place, and formalized in terms of Article 22 of the League of Nations Covenant as well as in terms of Articles 75-85 of the Charter, respectively. Moreover during World War II, the use of annexation deprived whole populations of the safeguards provided by international laws governing military occupations. The Fourth Geneva Convention (GCIV) of 1949 amplified the Hague Conventions of 1899 and 1907 with respect to the question of the protection of civilians. The authors of the Fourth Geneva Convention made a point of giving the rules regarding inviolability of rights "an absolute character", thus making it much more difficult for a state to bypass international law through the use of annexation. GCIV Article 47, in the first paragraph in Section III: “Occupied territories”, restricted the effects of annexation on the rights of persons within those territories: Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.”
    India cannot claim conquest over Goa, as conquest is also illegal because conquest is the acquisition of sovereignty over a territory by force of arms, exercised by an independent power which reduces the vanquished power to submission of its territory. Conquest does not, per se, give the conquering state plenum dominium et dominium utile (meaning “full ownership” and “equitable ownership”). Moreover, conquest is generally unacceptable as a means for acquiring sovereignty under current norms of international relations. The acquisition of territory by force of arms (i.e. aggression or similar violation of international law) has, in any event, been illegal in international law since 1945 after the UN Charter came into force. Resolution 1541 (XV) has laid down the principles which the United Nations should follow in respect of territories called colonial. Principle VI mentions only three ways, in which non self-governing territory can be said to have reached a full measure of self-governments, namely:
a) Emergence as a sovereign independent State
b) Free association with an independent State; or
c) Integration with an independent State.    
Obviously, alternatives (a) and (b) are both inapplicable to the case of Goa, as it has neither emerged as an independent State nor has it freely associated with an independent State. Goa’s change of status has been brought about by illegal and criminal force. Only the third alternative remains, therefore, to be considered: integration with an independent State.
First of all, no reason can be found why integration with the Indian union should be regarded as of a higher order of values. Resolution 1541 (XV) also specifies the circumstances in which such integration should come about. In this connection Principle IX of the Un Charter states:
(a) The integrating territory should have attained an advanced stage of self-government with free political institutions, so that its people have the capacity to make a responsible choice through informed and democratic processes;
(b) The integration should be the result of the freely expressed wishes of the territory’s peoples acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic progresses, impartially conducted and based on universal adult suffrage.
    The United Nations could, when it deems necessary, supervise these processes. These Principles cannot be reconciled with the violent and illegal annexation of Goa, by the Indian Union. So flagrant is the violation of the General Assembly Resolutions committed by India that India’s representative who stated in the Security Council – “Charter or no Charter, Council or no Council”, might have also added “Resolutions or no Resolutions”.   The Indian Union not only violated the Charter and defied the Security Council but infringed on the very anti-colonialist resolutions of the General Assembly, which it had itself subscribed to.
http://un-documents.net/a25r2625.htm

11.   INTERNATIONAL COMMUNITY FAVOURED INDIA BY BENDING RULES:      The UNSC was set up by the Charter and, uniquely amongst the UN’s institutions, is given the authority to make legally binding decisions for all UN members. The UNGA can only “recommend” and the ICJ can bindingly arbitrate between members that have consented to its jurisdiction, otherwise, it only gives advisory opinions.  So how did India legally justify its annexation of Goa?
India argued that Portugal had failed its administrative responsibilities to Goa required under UNGA Resolution 1514 of 1960. This resolution, a binding international custom passed by 90% of the UN members required that “immediate steps” be taken “to transfer all powers” to the people of Non-Self-Governing Territories like Goa.   However, nothing in Resolution 1514 suggested that a failure to comply, meant the administrating power could have a Non-Self-Governing Territory unilaterally seized and absorbed by another country. Indeed UNGA Resolution 1541 states that the integration of a Non-Self-Governing Territory with an existing State “should” come about from the territory freely expressing its wishes democratically. Portugal had refused to hold a referendum in Goa, but, again, the Resolution did not provide for any punishment for this transgression.
  What is remarkable about the Goa incident is that the international community, without changing a letter of this law, chose to bend these rules in India’s favour. Not only was Goa being gradually recognised by the community as a legal part of India, but, within 18 months of Goa’s annexation, the UNSC was imposing sanctions  on Portugal for continued colonial repression elsewhere in the world, letting India go scot free for its war crimes, crimes against humanity and human rights abuses it was committing under its Martial Law in Goa which continued under the so called civilian rule.   Nor was the law changed retrospectively to exonerate India. In 1967 the UNSC noted the “inadmissibility of the acquisition of territory by war”, making no apparent distinction between lawful war, unlawful war, and/or war in the pursuit of decolonisation. Ironically this resolution was passed with the help of India , which had gained respect and legitimacy for its defiance of the Charter, to be elected to the Security Council six times from 1966 to 2012.  Eventually this bending of the rules culminated in 1974 with Portugal itself recognising Goa as a part of India. But what is even more confusing for rule-of-law proponents is that this rule bending did not set a legal precedent. The General Assembly repeatedly endorsed the right of subjugated peoples to achieve decolonisation “by all available means”, yet no exception has yet been made for the forcible annexation of a Non-Self-Governing Territory by a neighbouring country.
    In 1982, for example, the Security Council rejected Argentina’s attempted annexation of the UK’s Falkland Islands, despite the Goa precedent being discussed and several members accepting Argentina’s argument that the territory belonged to it. Similarly in 1975, the Security Council, whilst noting Portugal’s failure to uphold its administrative responsibilities, unanimously denounced Indonesia’s annexation of East Timor. How can the people of Goa reconcile this with our understanding of the rule of law? India violated its legal obligations, and yet it suffered no sanctions.

12.   EXCEPT FOR GOA, MOST PORTUGUESE COLONIES GOT INDEPENDENCE: Almost all Portuguese colonies listed along with Goa as “Non-Self Governing Territories” by the UN like Portuguese Guinea got independence in 1974, Angola, Cape Verde Archipelago, Mozambique, Sao Tome and Principe in 1975 and East Timor as late as 2002 through the intersession of the UN except Goa only because of India’s pre-emptive strike to prevent Goa’s independence. The UN at whose behest all these colonies gained independence mysteriously ignored Goa. Goans now re-colonized by India appeal to the United Nations to end its complacency on the matter of the continued illegal occupation of Goa by India. This petition is not seeking something that is too difficult or impossible, as the United Nations has previously gone to the extent of allowing multinational force in many similar instances like Somalia, Haiti, Rwanda, Eastern Zaire, Albania, Bosnia, Herzegovina, , Bunia in the DRC, Liberia and Kuwait.
https://1drv.ms/b/s!AqeIIFnYk7yPjBflkai8GeKKBY62

13.   THE UN ACQUIESCED IN MATTER OF GOA INVASION BY INDIA : The UN acquiesced in the matter of the invasion, annexation and illegal occupation of Goa by India for 56 years on the wrong notion that Goans have wholeheartedly and peacefully accepted the illegal invasion of Goa by India as their liberation and also that Goa was Indian Territory because the peace loving Goans did not get violent over the Indian invasion and illegal occupation. Perhaps the UN would have acted swiftly if Goans had started a mayhem in Goa, killing and burning people and property in opposing the Indian invasion of their motherland. The UN charter is to have peace in the world, and since the Goans did not retaliate and indulge in violence and mayhem against India, the UN wrongly and conveniently concluded that the objective of peace in Goa was attained. Certainly the violence in East Timor, convinced and impressed the UN to give them independence ending 20 years of Indonesian occupation. This means that the UN steps in to enforce the Charter only if there is resistance, brutality, killings and war. The UN seems to have penalized the Goans for displaying good and non-violent behaviour by denying them independence of their motherland just because they did not violently resist the invasion and illegal occupation of their motherland Goa by India. Unfortunately, it is difficult to understand what actually motivates and influences the UN, especially the UNSC, to act or to remain silent. One illustration of this point is the case of the civil war that has ravaged Sudan for decades with an estimated two million casualties. And yet the only resolutions passed by the UNSC in relation to Sudan concerned Sudan’s failure to extradite suspects in the attempted assassination of President Mubarak of Egypt, which failure was determined to have threatened international peace and security https://www.un.org/press/en/1996/19960426.sc6214.html If Goans had engaged in violence against the mighty and populous India, the entire tiny population of Goa would certainly be massacred to extinction by the Indian might and the UN might have just looked the other way, as it did in Sudan as there certainly would be “Peace” for India and the UN itself with the elimination of the entire Goan population.

14     ONLY VIOLENCE AND MAYHEM GETS THE UN ATTENTION, WHILE IT CONSIDERS ABSENCE OF VIOLENCE AS PEACE: Goans are peaceful, simple, humble, honest people having trust and faith in law and natural justice. Peaceful Goan people detest unruly behaviour, public disorder, riots, strikes, marches, sloganeering, killings in the streets and burning of property for redressal of grievances and show of opposition. The people of Goa have the culture of reason and debate. They argue and plead for their demands and genuinely believe in due process of law to attain justice. When India invaded and occupied Goa, the Goans did not go about braving the Martial Law and intermittent curfews India imposed on the so called “India’s own liberated people of Goa” , to demonstrate and kill people in the streets opposing the invasion. The Goans looked up to and kept their faith in the UN, the civilized and sensible member nations, and rule of international law. Goans were convinced that it was just a matter of time till the UN stepped in and ended the illegal occupation of Goa by India. The Goans who are well educated and well informed in International Law, the Geneva Convention, and the UN Charter, perhaps took it for granted that the temporary Indian aberration and foolish aggressive enterprise would soon be ended by the UN intervention and the mighty force of International Law, and did not find it necessary to get violent. Goans did not want to destroy peace and behave like hooligans following in the Indian example of unruly behaviour. The time for which Goans patiently waited since 1961 for deliverance by the United Nations never came, We Goans have now woken up to the reality that only War, Blood Bath, Killings, Burning, Mayhem and total destruction of peace seems to move the United Nations into action. It seems that for any aggrieved people to get the UN to act, they must aggressively display violent resistance, like they did in East Timor, and only then the UN will take notice and act.
    The United Nations failed to consider the fact that Goans were muzzled with a ruthless Martial Law and intermittent curfews and intimidation of people who resisted the brutal murder of International law and the UN Charter by India. At the time while the UNGA and its committees were finding ways and means to strike Goa off the list of Non Self Governing Territories, the UN failed to observe that at that very moment t he backs of the peaceful Goans were being ruthlessly broken by the then military administration of Goa by committing war crimes and crimes against humanity, subjugating and forcing them to accept political, economic, social and cultural institutions which were entirely alien to their tradition.  

15.   GOANS UNFAIRLY SILENCED BY THE UN TRUSTEESHIP COMMITTEE : Goans did not take the path of aggressive resistance to protest the Indian invasion of Goa, but a civilized and decent path through the United Nations. As an example, at a conference on the 3rd December 1963 at Hotel de Palais d’Orsay in Paris, Goans from all over the world met and unanimously resolved to send a four member delegation of Antonio da Fonseca, Wolfgang de Souza, Prof. Leo Anthony de Souza, and Romeo da Silva to the “Trusteeship Committee” of the General Assembly on 10.Dec.63. The Goan delegates were given a hearing before this special committee which hears petitions from oppressed people. But all four Goan delegates were mysteriously silenced by the Committee Chairman, Achkar Marof of Guinea, who, for very curious and suspicious reasons was openly biased towards India and against Goa. He cut their statements short on the grounds that they had been given a hearing solely to express their views exclusively on the Portuguese Non-Self Governing Territories included on the list approved by the United Nation and that Goa was not included in the list . A motion to expunge their testimony from the record was however dropped, as a result of the opposition by the USA, Western members and Liberia. This matter was reported by Thomas J. Hamilton in The New York Times on 11.Dec.63. It has come to the attention of Goans from a visiting Goan to the UN, that an entry has been made in the United Nations Year Book that “Goa and its dependencies have been nationally reunited with India.” The petitioners are now incensed having lately confirmed upon checking the records of the United Nations that indeed the UNGA has struck Goa out of the list of Non-Self-Governing Territories in 1962 itself as recorded at page 410 of the UN Year book of 1962 and Goa is missing in the list of territories as on 31.Dec62 at page 408 of the said Year Book. .The petitioners have also, to their horror, seen that the UN List of Trust and Non-Self-Governing Territories (1945-1999) lists Goa and Dependencies as “Change in Status” in 1961.
https://www.gpo.gov/fdsys/pkg/GPO-CRECB-1963-pt19/pdf/GPO-CRECB-1963-pt19-5-1.pdf
https://read.un-ilibrary.org/united-nations/yearbook-of-the-united-nations-1962_04f55469-en#page3
https://1drv.ms/b/s!AqeIIFnYk7yPjBlbniP6uBst393p

16.   GOANS OBJECT TO THE ENTRY – “GOA REUNITED WITH INDIA” : The UN must resolve to replace the entry in its records which reflects in the Year Books “Goa and its dependencies have been nationally reunited with India .” or any other record, with an appropriately phrased entry conveying the true and realistic meaning amounting to “ Goa and the dependencies were illegally invaded and annexed by India without authorization of neither the UNSC nor the UNGA, against the Charter while the territory was on the UN list of “Non-Self Governing Territories”. As already stated in this petition Goa was never ever a part of India to be reunited with it by illegal invasion and annexation by India. The said entry is false and once again seems to have been made at the behest of India and to favour the aggressor India against all relevant facts favouring Goa’s independence. The people of Goa cannot understand how the UN can be so blinded to ignore the truth and make such notations to benefit India.

17.    APPEAL FOR RETROSPECTIVE ACTION ON ILLEGAL INDIAN OCCUPATION OF GOA . The UN is bound by its Charter to revisit and reconsider the historical illegality of the forceful invasion, annexation and illegal occupation of Goa by its member nation India against the Charter retrospectively and to act in spite of the illegal Treaty signed between India and Portugal, and the subsequent illegal declaration of Goa as a state of the Indian Republic. The previous illegality committed by India against the UN Charter and the world order, including the Geneva Convention, does not stand legalized nor condoned by subsequent additional illegal acts of signing an illegal treaty with Portugal, as the right to self-determination, plebiscite and independence had already accrued and had passed on to the people of Goa vide the UN resolutions prior to the 19.Dec.61 invasion of Goa. The treaty is primarily against international law and conventions so established and it seeks to transfer sovereignty over Goa from Portugal to India with retrospective effect. If India had legally annexed Goa to the Indian Union on December 20, 1961, it would have had full sovereignty over Goa as per the Judgment. of the Supreme Court of India March 26, 1969. But it is evident that India itself did not believe that it had full sovereignty of Goa and that is why it persuaded Portugal to pass on the sovereignty of Goa through the illegal Treaty of 1974. The Portuguese also seem to be of the same opinion as Dr. Inocencio Galvao Teles, Portugal's principal attorney in the Rights of Passage case at the ICJ who was also Minister for Law in Dr. Oliveira Salazar’s cabinet in an interview with the journal, O Diabo, of Lisbon on 18 February, 1992 has stated that the Indo Portuguese Treaty of 31/12/1974 failed to meet the requirements of International Law and is not valid as it offended the fundamental principles of International Law . At that point of time Goa was already under the protection of the United Nations by virtue of it being included in the list of “Non-Self Governing Territories” as of 15.Dec.60, eligible for right to self-determination, plebiscite and independence.

18.   GOA REMOVED FROM THE UN LIST IN A HURRY: The UN is bound by its Charter to reconsider the hurried removal of “Goa and dependencies called the State of India” from the UN list of “Non-Self Governing Territories” within a few months of Goa’s invasion by India, with a fresh mind, on the legality of such hurried removal even though Goa was still under a brutal Indian Martial Law. The Goans are of the opinion that the illegal invasion of Goa by India may have been considered as a ‘fait accompli” for the UN which legally or illegally removed yet another territory from the long list of “Non-Self Governing Territories”. The United Nations has to introspect, do some soul searching and determine whether at any point of time it has been in a hurry to take territories off the list. If seems that Goa is an unfortunate victim as elaborated by R.M. Marty M. Natalegawa, Chairman of the Special Committee on Decolonization which, since its establishment in 1961, had monitored the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. “The aim appeared to be the hurried removal of those Territories from the United Nations list, even as they remained Non-Self-Governing. The international community could not countenance such acts, but must decide if it was going to remain true to the relevant provisions of the Charter” With this background, the Goans wonder whether it was a matter of convenience for the General Assembly to hurriedly remove Goa and dependencies from the list by agreeing with false Indian claims of liberating its own people of Goa and that Goa was a part of Indian Territory. (GA/SPD/422 5 OCTOBER 2009)
https://www.un.org/press/en/2009/gaspd422.doc.htm  

19.   RE-INSTATE GOA IN THE UN LIST OF “NON SELF GOVERNING TERRITORIES: The petitioners state that the UN is duty bound under the charter to re-instate Goa in the UN list of “Non-Self Governing Territories” as originally listed in light of the provisions of Chapter and UNGA resolutions. The petitioners intend to petition the UN (Committee of 24) Special Committee on Decolonization. However they are unable to do so since the said committee, with regard to the petition signed by 1.80 million West Papuans, has declared that it is not mandated to consider territories not included in the current list of “Non-Self Governing Territories” before it. Since Goa has been unfairly removed from the said list, the people of Goa are handicapped in petitioning the said Special Committee and hence prayerfully petition all the member nations of the UNGA to rightfully re-instate Goa in the said list.

20.   INTERNATIONAL COURT OF JUSTICE [ICJ] ON GOA : The United Nations must consider or re-evaluate the ruling or advisory opinions the ICJ already on the record of the, more particularly its judgement of 1960, delivered in the matter of the “Right of Passage Case”, in which it ruled that India had no right of claim on the enclaves of Dadra and Nagar Aveli, parts of the district of Damão, with the same colonial history as Goa and that Portugal has sovereignty over these enclaves, or seek a fresh ruling or advisory opinion from the ICJ on the illegal invasion and annexation of Goa by India in terms of established international law and conventions as stated in the aforesaid Para 10 of this petition.
https://1drv.ms/b/s!AqeIIFnYk7yPjBttYXDqAqhjj2C_  
https://1drv.ms/b/s!AqeIIFnYk7yPjBofdDXCEGc_6DP9                    

PRAYER TO THE UNITED NATIONS GENERAL ASSEMBLY . We, the peace loving people of Goa and our worldwide supporters request you, Sir, to review the proceedings of the Honourable United Nations, in the case of non-implementation of resolution. of 18 December, 1961, where India was required to withdraw its forces from Goa but is holding on, even to this day by invading the pre-defined Non-Self Governing Portuguese Territory in total defiance of the United Nations Charter.
Sir, under your tutelage, we want the following to be investigated and answered to make the United Nations, relevant. ·    

• Whether Goa was wrongly, erroneously and fraudulently deleted from the UN list of Non-Self Governing Territories after 18 December 1961, what procedure was followed and whether the said procedure that was followed is in accordance with the UN Charter, principles and relevant resolutions passed from time to time. ·     
•  Whether the entry in the UN's year book of 1962 ' Goa has been re-united with motherland India' was made by following due process/procedure as per the UN Charter, Principles and resolutions on record, particularly Principle IX of UN Resolution 1541 (XV) of 15 Dec 1960.                         ·     
•  Whether the UNGA has investigated and determined that India falsely claimed Goa to be its integral part as an afterthought because even a year before invading Goa, India itself had voted in favour of UN Resolutions 1541 (XV) & 1542(XV) of 15 Dec 1960 to include Goa in the list of Non Self Governing Territories to enjoy protection of the UN and did not claim Goa to be Indian Territory. ·     
•  Whether the UNGA has determined and confirmed that Goa was never an integral part of India. Whether it was considered that India's claim that Goa was an integral part of India or an Indian Territory was false because India would not have had a consulate/diplomatic relations with its own integral part or Indian territory (Goa) with a General Consulate in Panjim, Goa till 1955. Also, no country LIBERATES it's so called 'own people/Indian Brothers and Sisters' from alien rule , and then lets its invading soldiers rape the women, loot and plunder and then subjects it's so called 'own people' to a brutal and despotic Martial Law while Goa was listed in the UN list of Non Self Governing Territories and was under UN protection under the charter. ·     
• Whether the UN Committees' recommendations to the UNGA to delete Goa from the list of Non Self Governing Territories were contrary to the letter and spirit of the UN Charter, partial to India's interests and may have been made at India's behest as the committee members were under undue influence of pecuniary interests and personal rewards to make such recommendations contrary to the UN Charter and resolutions.     
• Whether the recommendations of these UN Committees were/are within the scope of/in line with or were/are 'ultra vires" the UN Charter and the spirit of the UN Charter and must be re-evaluated retrospectively. 
• Whether if, a) deleting Goa from the list of Non Self Governing Territories at the time it was under UN protection as a Non-Self Governing Territory b) the entry into the UN's year book of 1962 ' Goa has been re-united with motherland India' are not according to due process/procedure guided by spirit of the UN Charter and principles especially principle 55, 56 IX, then whether Goa is eligible to be re-included into the list of Non Self Governing Territories from which it was taken out, and if not why. ·    
•  Whether, if it is found that Goa was wrongly, erroneously, fraudulently deleted from the list of Non Self Governing Territories and is found to be eligible to be re-included in the list of Non Self Governing Territories of the UN, whether the UNGA will assign responsibility for its inclusion on priority and set a definite time frame for such inclusion. 

The petitioners pray that the UN General Assembly immediately resolve to, and re-instate Goa in the UN list of “Non-Self Governing Territories” as originally listed on 15.Dec.60 as per the provisions of the UN Charter and UNGA resolutions and more particularly UNGA resolution 742 (VIII) and principles approved in resolutions 1541 (XV) and 1542(XV) to prove to the entire world whether the UN is going to be relevant or whether it is going to be a league of nations, irrelevant to humanity.