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  4. Document 489

320/1–752: Telegram

The Acting Chairman of the United States Delegation to the General Assembly ( Roosevelt ) to the Secretary of State

confidential
priority
Paris , January 7, 1952—6 p.m.

Delga 908. Re Southwest Africa. Fol is rough draft proposed res handed USGADel by Jooste today:

“Whereas charter makes no provision for right petition to UN except in case trust territories;

“Whereas WSA is not a trust territory;

“Whereas GA in accepting ICJ advisory opinion in WSA has subscribed, inter alia, to courts’ statement that re SWA “degree of supervision to be exercised by GA shld not therefore exceed that which applied under mandate system, and shld conform as far as possible to procedure followed by the Council of League”;

“Whereas procedure of Council of League re mandated territories preclude hearing of oral petitions;

“Whereas ad hoc comite on SWA was appointed by GA and authorized as interim measure to examine, inter alia, petitions and other matters relating to territory of SWA that may be transmitted to SYG as far as possible in accordance with procedure of former mandate system;

“Whereas certain communications were reed by SYG and considered and treated as petitions by ad hoc comité and transmitted to the SA Govt as petitions for its observations in accordance with procedure followed under former mandates system;

GA

“Noting that its Fourth Comite decided accept oral petitions from Hosea Kutako and other chiefs or headmen of Herero, Nama and Damara tribes or spokesmen designed by them; and called upon Michael Scott to address it during its consideration of item on SWA, and at 222nd meeting heard Scott;

“Noting further that communications on which committee purported to act emanated from same source, were of same nature and in certain cases were same communications which were treated as petitions by the ad hoc comite.

“Finds that in acceding to request for oral petitions form reps of a section of population of a country which is not a trust territory, and in inviting individual not representing any section of population to address it, Fourth Comite exceeded its legal competence.”

Roosevelt