Foreign Relations of the United States, 1948, The Near East, South Asia, and Africa, Volume V, Part 1

501.BC/4–648: Telegram

The Acting Secretary of State to the United States Representative at the United Nations (Austin)

secret

Washington, April 7, 1948—2 p. m.

194. Reference telephone conversation¹ Noyes-Thurston April 6 re Kashmir dispute and urtel No. 388 April 6.

1. Though Dept believes informal draft resolution Mar 30, which is revised version Chinese original resolution, represents fair basis settlement Kashmir issue, it is believed inadvisable for US join with Chinese alone in formal sponsorship this resolution. Such sponsorship by US in view strongly pro-Indian flavor original Chinese resolution would either too closely associate this Govt with pro-Indian position or, alternatively, give impression that US is representing Pakistan interests and China continuing represent Indian views.

2. If, however, representatives UK, China, Belgium, and Canada, who participated in preparation Mar 30 draft resolution, will agree joint formal sponsorship US rep may also participate.

3. However, should final effort by President SC (López) to achieve agreement among parties on terms of a resolution fail, it is believed for following reasons that before proceeding to Art 37 recommendation effort should be made to persuade parties to request SC recommendation under Art 38: (a) if they could be so persuaded the parties would be morally stopped from refusing to carry out terms so recommended; (b) by proceeding first under Art 38, possibility that one or both of parties might refuse to accept terms recommended under Art 37 would be delayed and, if successful, entirely avoided; (c) procedure under Art 38 is more in line with our basic approach of attempting to obtain largest possible measure of agreement among the parties; (d) the parties are doubtless aware of large measure of support for March 30 draft and so would realize that in requesting recommendation under Art 38 they would be requesting a formal recommendation of substance of March 30 draft. Quite possibly they may be willing accept such a recommendation when proposed formally which they have not been able to accept in informal negotiations where their approval of disagreeable, but not necessarily unacceptable, provisions has been required.

In any event it is believed that parties should first be given opportunity of requesting recommendation under Art 38 and that López at time of meeting with parties should put question squarely before them in order that they may make definite affirmation on this point.

4. In expressing willingness US jointly sponsor Mar 30 draft resolution with other reps mentioned above, door should not be closed to consideration appropriate amendments either at suggestion parties or other members SC. Joint sponsors should of course agree to hold informal consultations re any proposed amendments, in order to present and maintain united front in SC.

Lovett

1. Not found in Department of State files.