810.014/2–940

Memorandum by the Assistant Secretary of State for United Nations Affairs (Rusk) to the Secretary of State

confidential

The Department has been informed that the American Committee on Dependent Territories, created as a result of a resolution adopted at the Ninth International Conference of American States (Bogotá 1948),2 will hold its first meeting in Habana on March 15. No representative to this Committee has been appointed by the United States. The attached paper summarizes the functions of this Committee, analyzes the attitudes of European and other American governments toward it, and presents the chief arguments, which have been advanced during a period of several months’ consideration of the problem, both for and against participation by the United States. It concludes with a recommendation that a representative should not be appointed, but indicates certain steps which should be taken in connection with making this decision known to other governments and to the public.

The paper has the concurrences of ARA, EUR and UNA, the Offices directly concerned.

I recommend that the paper and its recommendations be approved, and that the attached instruction to the United States Representative on the Council of the Organization of American States be signed.3

Dean Rusk
[Page 431]
[Annex]

Position Paper

Participation in American Committee on Dependent Territories

problem

To determine whether the United States should appoint a representative to and participate in the work of the American Committee on Dependent Territories, which will soon convene in Habana as a result of action taken at the Bogotá Conference.

background

Article XXXIII of the Final Act of the Ninth Conference of American States (Bogotá) (Annex A) declares that … it is the just aspiration of the American Republics that colonialism and the occupation of American territories by extra-continental countries should be brought to an end”, and provides for the creation of an American Committee on Dependent Territories to “… centralize the study of the problem of the existence of dependent and occupied territories in order to find an adequate solution to that question”. This centralized study is to be carried on with a view to seeking “pacific means of eliminating both colonialism and the occupation of American territories by extra-continental countries”. Reports on each of such territories are to be submitted by the Committee to the Council of the Organization of American States for transmission to member states “for study and information” and subsequent consideration by a Meeting of Consultation of Ministers of Foreign Affairs.

Following Bogotá there was considerable delay in the appointment of representatives by fourteen countries, as required by Article XXXIII, and further delay in the selection of a date for the meeting. The necessary appointments have been made, however, and the COAS has fixed March 15 as the date for the Committee to begin its sessions in Habana. Brazil, Bolivia, Chile, the Dominican Republic, Nicaragua, Uruguay and the United States have not yet appointed representatives.

Although the Resolution was approved by a large majority, Brazil opposed its adoption, the United States and the Dominican Republic abstained on the entire Resolution, and Chile abstained on creation of the Committee. Most active in advocating its approval were Argentina, whose obvious interest lies in strengthening outstanding claims to the Falklands and in Antarctica, and Guatemala, with a similar interest in British Honduras (Belize). The traditional attachment of American countries to the principles of self-government and self-determination of peoples was also a factor of importance to advocates of the Resolution. The United States abstained on the grounds that [Page 432] the Conference was not a court of law; that, in any event, action appearing to support the claims of one of the parties to a territorial dispute was not appropriate for a meeting in which the other party was not represented, and that means for examining the problems of dependent peoples are provided in the Charter of the United Nations.

The Department has continued to hold these general views with regard to the Committee as well as the Bogotá article which created it. Our missions in most of the other American republics were instructed to convey our general position to the Foreign Ministers of those countries early in December, and the responses to these approaches indicated that there was slight genuine interest in the Committee, except for that obviously held by Argentina and Guatemala. Cuba, Mexico, Paraguay and Colombia indicated some sympathy with the general objectives, but none of the countries which have not appointed representatives seem likely to do so, while Brazil has been firm in its expression of opposition to the Committee and its terms of reference. Many of the countries which have appointed members have selected their chiefs of mission or other diplomatic officers in Habana. Failure of the United States to designate a representative has produced a certain amount of unfavorable comment in Latin America, although the Committee itself has scarcely attracted enough attention yet for this to have become extreme. One factor in this lack of interest has been the discretion of the British in avoiding a repetition of the excitement created in 1947–48 over Belize and Antarctica.

As holders of the territories in question, although the amount of their control varies considerably, the British, Dutch and French have made known to the Department on numerous occasions since the Bogotá Conference their extreme distaste for Article XXXIII, the Committee resulting from it, and their apprehension at possible participation by the United States. In response to their queries and those of the press, the Secretary and officers of the Department have merely stated that no decision on appointment of a U.S. representative has been reached, but that all aspects of the problem were being given full consideration.

Departmental consideration has, in fact, been going on for several months and has produced a fairly evenly balanced set of arguments for and against U.S. participation. These may be summarized as follows:

For participation:

(1)
Failure of the United States to join will open this Government up to criticism for boycotting an inter-American organization established by majority vote of the Bogotá Conference, as the USSR has boycotted UN agencies;
(2)
It would avoid the risk of encouraging Latin American as distinguished from inter-American cooperation;
(3)
It would offer an opportunity for U.S. influence to be thrown against unwise actions which the Committee might otherwise take;
(4)
It would prevent the accusations, which are certain to develop, that the United States is indifferent to the fate of dependent peoples;
(5)
Non-participation will not eliminate the necessity for our dealing with the questions raised, either in their immediate context or in the long run, since in any event the Committee’s reports are to be considered by a Meeting of Foreign Ministers;
(6)
Positive expression of our views at Habana is necessary in order to prevent the Committee from acting in such a way as to create dissension among freedom loving countries in this time of crisis, cast an unfavorable light on the inter-American regional organization, or establish a bad precedent that the question of colonial territories is an appropriate one for action by regional groups which exclude the metropolitan countries directly involved. There is danger, in this connection, that the viewpoints of the fourteen countries present will be fixed so firmly at Habana that there will be no opportunity for subsequent majority alteration at a Meeting of Foreign Ministers.

Against participation:

(1)
U.S. participation will be resented by the British, Dutch and French;
(2)
Brazil has indicated she will not attend;
(3)
It will be interpreted as inconsistent with our UN” obligations, especially since we have taken the position that, if international action on the problems is necessary, it should be done through the UN;
(4)
It will be interpreted as lending U.S. support to claims for disputed territories with regard to which we have always maintained an impartial attitude;
(5)
It will be inconsistent with our abstention at Bogotá, and the reasons for which that position was taken;
(6)
It will, if carried on by the U.S. representative consistently with the principles we have always expressed, actually antagonize the Latin Americans more than if we abstained;
(7)
It has been pointed out that, since the Committee could only get the information necessary to prepare useful studies with the consent of the metropolitan governments, which will not be given, or by interfering in one or more ways with their internal affairs, which would be contrary to basic inter-American and UN obligations, the specific purpose for which it was created cannot be achieved, and the United States would not therefore associate itself with such an enterprise.

It now appears that the Committee will have only fourteen members when it meets, and that of these fourteen there will be some representatives of countries which will not have any strong desire to bolster the cases of those which have obvious axes to grind. Since Article XXXIII requires that the studies prepared by the Committee shall be transmitted by the COAS to all the American governments “for their information and study”, and subsequent consideration by a Meeting of Foreign Ministers, it would appear that this Committee [Page 434] can be viewed primarily as a body for preliminary action in which the views even of the participating governments need not be regarded as fixed or final. It would be highly desirable to emphasize this interpretation, since it would mean that, even if the United States, Brazil and others do not participate, there would be subsequent opportunity, not only for them to express their views on reports which are almost certain to be unacceptable, but also for the countries which are to be represented subsequently to oppose the Committee’s findings. If it is determined that the United States shall not participate, this position could be explained to the other governments by stating that, while we do not think the Committee is an appropriate body to study problems affecting countries not represented, we specifically reserve our right and declare our intention to examine its results and we feel that all governments, whether represented or not, should take the same position.

If this position can be maintained, it appears that many of the unfortunate consequences of non-participation could be minimized, while the opportunity would not be lost for the United States and the Organization of American States to lessen the danger that the original unwisdom of Bogotá will be compounded.

recommendations

It is, therefore, recommended that:

(1)
The Representative of the United States on the Council of the Organization of American States inform the Secretary General of the OAS that the United States does not plan to appoint a representative to the American Committee on Dependent Territories, and transmit a memorandum to the other representatives on the COAS stating our reasons for not making this appointment, together with an indication that we may wish to comment on the reports emanating from the Committee. An instruction to this effect is attached for the signature of the Secretary.4
(2)
The substance of the memorandum referred to above should be communicated through our Embassies in the other American Republics, together with the suggestion, wherever appropriate, that, in view of the serious questions of principle regarding the Committee, those governments also reserve their final opinion regarding any conclusions the Committee may reach.
(3)
After an appropriate interval, the substance of the above mentioned memorandum should be made public.

  1. The text of Resolution XXXIII is printed in Ninth International Conference of American States, Bogotá, Colombia, March 30–May 2, 1948: Report of the Delegation of the United States of America With Related Documents (Department of State Publication No. 3263, November 1948), p. 268.
  2. A marginal note on the source text read: “Signed”.
  3. Not printed.