Editorial Note
On November 14, 1952, the Delegations of Denmark, Iceland, Norway, and Sweden submitted to the General Assembly’s Ad Hoc Political Committee an amendment to the 18-power (Indian) draft resolution on the race conflict item which would retain the first three preliminary [Page 977] paragraphs and the final operative paragraphs of the Indian text and substitute, for the remainder, four paragraphs dealing with the race problem in general terms, which originally had been part of the two United States draft resolutions. This Scandinavian amendment resulted from conversations which the United States Delegation held with Representatives of Sweden, Denmark, Norway, and Iceland. At this time, the United States Delegation decided that it would abstain on the Indian resolution if the Scandinavian amendment failed. (Telegram Delga 194 from New York, November 14, 1952; 320/11–1452) The Department concurred in the decision to abstain in telegram Gadel 56 to New York, November 15, 1952. (320/11–1452) See also the Minutes of the Twelfth Meeting of the United States Delegation on November 14, 1952 in IO files, lot 71 D 440, US/A/M(Chr)/249.
Subsequently, the Scandinavian Delegations decided to introduce their amendment as a separate resolution. On November 20, the Ad Hoc Political Committee approved both the Indian and Scandinavian resolutions; the former by a vote of 35 in favor, 2 opposed, with 22 abstentions (United States) and the latter by a vote of 20 in favor (United States), 7 opposed, with 32 abstentions. In the case of the Scandinavian text, the Ad Hoc Committee voted to delete a preambular paragraph, which recognized that the methods for giving effect to their Charter pledges might vary with circumstances, including the social structure of the State concerned. This paragraph had originally been included in the first United States draft resolution, contained in telegram Delga 141 from New York, November 6, 1952. (320/11–652) Also on November 20, the Ad Hoc Committee rejected a motion by the South African Representative, under which the Ad Hoc Committee would have determined that, under Article 2(7) of the Charter, it had no competence to deal with this item. The vote on the South African motion was 6 in favor, 45 opposed (United States), with 8 abstentions. On November 15, United States Representative Sprague described the United States position on these three items to the Ad Hoc Committee. His statement is printed in the Department of State Bulletin, December 1, 1952, pages 868–870.
On December 5, 1952, the General Assembly considered the report of the Ad Hoc Committee on the race question item (UN document A/2276). The Assembly rejected a motion on competence introduced by the South African Representative, and then adopted the two resolutions approved by the Ad Hoc Committee. The United States voted on these three items as it had in the Ad Hoc Committee, despite a special request by Ambassador Jooste that the United States change its vote. (Telegram Delga 265 from New York, November 26, 1952; [Page 978] 320/11–2652) The text of the resolutions adopted as General Assembly Resolution 616 A and B reads:
A
The General Assembly,
“Having taken note of the communication dated 12 September 1952, addressed to the Secretary-General of the United Nations by the delegations of Afghanistan. Burma. Egypt, India, Indonesia, Iran, Iraq, Lebanon, Pakistan, the Philippines, Saudi Arabia, Syria and Yemen, regarding the question of race conflict in South Africa resulting from the policies of apartheid of the Government of the Union of South Africa,
“Considering that one of the purposes of the United Nations is to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,
“Recalling that the General Assembly declared in its resolution 103 (I) of 19 November 1946 that it is in the higher interests of humanity to put an end to religious and so-called racial persecution, and called upon all governments to conform both to the letter and the spirit of the Charter and to take the most prompt and energetic steps to that end,
“Considering that the General Assembly has held, in its resolutions 395 (V) of 2 December 1950 and 511 (VI) of 12 January 1952, that a policy of racial segregation (apartheid) is necessarily based on doctrines of racial discrimination,
- “1. Establishes a Commission, consisting of three members, to study the racial situation in the Union of South Africa in the light of the Purposes and Principles of the Charter, with due regard to the provision of Article 2, paragraph 7, as well as the provisions of Article 1, paragraph 2 and 3, Article 13, paragraph 1 b, Article 55c, and Article 56 of the Charter, and the resolutions of the United Nations on racial persecution and discrimination, and to report its conclusions to the General Assembly at its eighth session;
- “2. Invites the Government of the Union of South Africa to extend its full co-operation to the Commission;
- “3. Requests the Secretary-General to provide the Commission with the necessary staff and facilities;
- “4. Decides to retain the question on the provisional agenda of the eighth session of the General Assembly.”
B
“The General Assembly,
[Here follows a verbatim repetition of the first three paragraphs of part A.]
- “1. Declares that in a multi-racial society harmony and respect for human rights and freedoms and the peaceful development of a unified community are best assured when patterns of legislation and practice are directed towards ensuring equality before the law of all persons regardless of race, creed or colour, and when economic, [Page 979] social, cultural and political participation of all racial groups is on a basis of equality;
- “2. Affirms that governmental policies of Member States which are not directed towards these goals, but which are designed to perpetuate or increase discrimination, are inconsistent with the pledges of the Members under Article 56 of the Charter;
- “3. Solemnly calls upon all Member States to bring their policies into conformity with their obligation under the Charter to promote the observance of human rights and fundamental freedoms.” (Official Records of the General Assembly, Seventh Session, Supplement No. 20, UN document A/2361)