710.J/4–2648: Telegram
The Ambassador in Colombia (Beaulac) to the Secretary of State
Bogotá, April 26,
1948.
Delbog 129. Daily Report No. 21 (for Saturday and Sunday1).
- 1.
- Organic Pact: Following summarizes articles re organs approved committee II: Juridical Council has permanent committee called IA Juridical Committee of Rio de Janeiro. Re Cultural Council, most of US amendments accepted and similar permanent committee established, although US opposed and abstained. Re Juridical Council, on US motion committee report will contain statement of understanding that all functions on codification of law previously assigned to five committees codification are transferred to Council.
- In chapters on principles and rights and duties of states,
principal problems for US were:
- (a)
- Article proposed by Argentina that American States condemn war. Victory carries no rights. US insisted second sentence be limited to victory in aggressive war. Finally agreed on “American states condemn war of aggression; victory carries no rights”;
- (b)
- Principle that “American States proclaim fundamental rights of human person without distinction etc”. At US insistence committee agreed include statement in record that this does not incorporate declaration rights duties man. US added that so far US concerned, neither does it incorporate any other instrument.
- (c)
- Article stating “jurisdiction of states is exercised over all inhabitants. Nationals and aliens are under same protection and owe same obedience to laws and authorities of country”. US obtained reconsideration of article and elimination second sentence. Since this weakens principle as contained in Montevideo convention to which [Page 64] US had reserved, others decided indicate in record that article does not modify that convention for countries which ratified it.
- 2.
- Rights and duties of man: committee VI completed declaration.
Remaining articles concern rights of petition, protection
against arbitrary arrest, fair trial, asylum, general limitation
clause and article that statement of rights does not derogate
from other rights not stated. Principal problems for US were:
- (a)
- Article on health stating that every person has right to preservation health through sanitary and social measures. On motion US, accompanying statement will make clear that article indicates no preference between private or public control of medical programs;
- (b)
- Article on right of asylum, which, on motion US, is stated as dependent on domestic legislation as well as international convention;
- (c)
- Cuban proposal for right of resistance is case of denial or evident delay in application of justice. Tie vote and steering committee will decide;
- (d)
- Article on duty to work on which US abstained committee also approved, US opposing, Brazilian proposal requesting Juridical Council study convention to give juridical protection to rights of man.
- 3.
- Charter social guarantees: before committee approved charter US again sought avoid definitive conference action by proposing reference document to IA–ECOSOC, although manifesting US adherence to principle of appropriate international action in interests of labor. US voted against approval charter stating US government not consider self bound by its specific terms.
- Tie vote in committee on adoption resolution rather than convention re equal civil and political rights for women. Reconsideration Monday.
Beaulac
- April 24 and 25.↩