710 Consultation 4/7–2447: Circular telegram

The Secretary of State to the Diplomatic Representatives in the American Republics

restricted

On July 7 Brazilian Govt asked Governing Board Pan American Union to decide whether invitation to Bio Conference should be extended to de facto regime in Nicaragua in view of fact that it was not recognized by 19 of the American Republics, Brazil feeling that it could not take unilateral decision on matter since it is fulfilling collective mandate in acting as host to Conference.

[Page 25]

On July 21 Governing Board passed resolution recommending that its members consult their Govts on questions of to whom Nicaraguan invitation should be addressed and whether invitation should be made with reservation that it does not affect bilateral relations of any Govt with Nicaragua. Preamble of resolution points out that Statutes of PAU provide that the various American Govts enjoy the inherent right of representation at inter-American conferences but that they contain no provisions covering Govts which do not have normal diplomatic relations with a majority of the other American Govts. Decision on Nicaraguan participation scheduled to be taken at Governing Board meeting of July 28.

Position which US representative on Governing Board will take is that, while Nicaragua as a state has right to be represented at Rio Conference, there is no Govt at present which can properly represent it. Deposed Argüello regime does not have the generally accepted attributes of sovereignty. Fact that overwhelming majority of American Republics do not recognize Lacayo regime would make its participation in Conference anomalous. This Govt hopes that steps may be taken in Nicaragua to normalize situation before Rio Conference so that basis for recognition of a Govt by a majority of the American Republics may exist in which case it feels that an invitation should then be extended. In the unfortunate event of this not occurring this Govt would favor leaving treaty to be elaborated at Rio open to adherence by Nicaragua once normal relations between it and a majority of the other American Republics are restored. In any event this Govt feels that question of Nicaraguan participation should be decided by majority vote of Governing Board of PAU and it will of course support the decision of the majority.

You should not bring the subject up on your own initiative in conversations with FonOff. If FonOff broaches matter to you, you should explain US position as outlined above, endeavor to ascertain its position and telegraph Dept.

Sent to Managua for info only.

Marshall