HickersonMurphyKey files, lot 58 D 33, “UN Charter Review Conference”

The Deputy Under Secretary of State (Murphy) to the Secretary of State

confidential
  • Subject:
  • Analysis of Committee Action in 8th GA on Charter Review.

The attached report (Tab A) which I thought you would be interested in looking over sums up the highlights of the Committee Six debate on Charter Review at the present General Assembly session.1

The main points of the report are that (a) the deliberate tactics of the US delegation to keep somewhat in the background on this item seem to have paid dividends; (b) our various objectives were satisfactorily achieved; (c) the committee was sharply split between governments favoring review of the Charter and those opposing it; (d) the same splits appeared within groups which usually vote together (other than the Soviet bloc); (e) through a combination of luck and good management only the Soviets were isolated in opposition in the final vote; (f) the strong disinclination by some of the leading colonial powers to face up to Charter Review probably rests on their fears that it will be used to undermine their colonial relationships.

Some of the preliminary votes were quite interesting. The lineup within various groups of states as reflected in speeches and in the [Page 183] preliminary voting is diagrammed in Annex B to the attached report. Annex A is the text of the resolution which, as you may know, was finally approved in plenary session on November 27th by a vote of 54–5.

[Attachment]

Memorandum by Lincoln P. Bloomfield Planning Adviser, Bureau of United Nations Affairs2

confidential
  • Subject:
  • Analysis of Committee Action in 8th GA on Charter Review.

The recent debate on Charter Review in the Legal Committee had some rather interesting aspects which I summarize below. Even at this preliminary stage their significance should, I think, be kept in mind as part of the general backdrop against which we will be maturing our own preparations. For brevity I have eliminated all background material in favor of the salient features of committee debate itself.

1. The overt role of the US delegation throughout the three-week debate in committee was deliberately minor, although our generally positive attitude toward Charter Review, as enunciated by the Secretary, was of course well understood. Our tactics were to work backstage, mainly through the Netherlands and New Zealand delegations which steered the six-power resolution. In retrospect, this role was effective because (a) it made liars out of the Soviets as they persisted in characterizing the various resolutions before the committee as reflecting a conspiracy led by the US, (b) on the same count the Soviet charges served to insult such sponsors of the various resolutions as Egypt and Pakistan, as well as the others (Netherlands, New Zealand, Cuba, Argentina, Canada, Costa Rica), and (c) it helped preserve our tactical freedom of action in committee.

2. US objectives in this matter were generally achieved, even down to some small details: (a) the final resolution (Annex A) contained a clear and unequivocal reference to Article 109, Charter Review, the 10th GA, etc.; (b) the Egyptian proposal for a preparatory committee was abandoned; (c) the final resolution was procedural and unprejudicial in character; (d) adequate documentation will be made available and the legislative history, about which we were not enthusiastic on grounds both of substance and economy, was rejected in favor of a comprehensive index; and (e) the Netherlands-sponsored invitation [Page 184] to governments to submit preliminary views which we had accepted only conditionally was [eliminated?].

3. The debates showed a marked diversity of views and approaches and, as we suspected would happen, often went considerably beyond procedure to the point of reflecting basic national attitudes, aspirations and fears. There were forty-six speeches in the general debate in committee. In the face of the splits which appeared within the free world and within blocs which usually stand together, it was rather extraordinary that in the final vote of 48–5, with no abstentions, the Soviet bloc alone was isolated in opposition to a heavy majority. The Dutch had been fearful that their proposal would drive a wedge into the free world, and it was a pleasant surprise to them and an illustration of the fundamental solidarity of the non-Communist world that at the end all but the Soviets rallied in support of the resolution.

4. The configuration of forces in the debate took the form of a spectrum, at one end of which were those countries enthusiastic for revision of the Charter and at the other end those strongly hostile to any mention of it. Within each of the several groupings the same shadings tended to appear. Perhaps the most egregious example was within the Western European group and the “old” Commonwealth. The Netherlands was bitterly opposed by Belgium and France; New Zealand and Canada appeared to be poles apart from the UK, Australia, and South Africa.

The motivation behind the opposition to Charter Review was varied. The Soviet bloc (which it will be recalled had opposed paragraph 3 of Article 109 at San Francisco on the grounds that any review conference in the future would be a club in the hands of opponents of unanimity) apparently felt their predictions were coming true, and were implacably hostile. They were joined all the way in spirit, if not in the final vote, by France, Belgium, Syria, Guatemala, and Liberia. The Syrian representative, Dr. Tarasi, made little attempt to disguise his obvious sympathy with the Communist line. Presumably Guatemala was similarly animated. However, the intensity of the French and Belgium challenges to the legality and constitutionality of preparations for Charter Review reflected deepseated apprehension that further inroads would be made in their colonial relationships. I cannot estimate the Liberian motives. These various “bitter-enders” were joined along a good part of the road by a number of others. Annex B is my rough classification of the shadings within each grouping as reflected in speeches and to some extent in the votes. I have shown at the end of Annex B the present profile of the NATO membership based on this evidence.

5. I believe some of the votes which preceded the final showdown were significant reflections of the real feeling of many delegations. [Page 185] The sharp basic division within the committee was epitomised by the first test veto, when the Dutch invitation to governments to submit views was eliminated by 24–25 with 5 abstentions. This was a low watermark for the co-sponsors and, I might add, we worked hard to discourage their tendency to panic. However, after this controversial provision was eliminated their fortunes rose swiftly, and perhaps the most meaningful vote was on the four-power amendment to eliminate from the basic resolution any reference to Charter Review. This lost 15–28 with 9 abstentions. The 15 to eliminate were the 5 Soviets, the 4 co-sponsors of the amendment (France, Belgium, Mexico, Colombia) plus Guatemala, Iran, Liberia, Syria, Afghanistan, and Burma. The 9 abstainers were the UK, Australia, South Africa, India, Indonesia, Iraq, Israel, Saudi Arabia, and Thailand. Thus, 24 out of 52 had doubts as to any mention of Charter Review, essentially the same 24 who killed the invitation to governments to submit views.

6. As reported earlier, once the invitation was out of the way and the legislative history thrown out (on the motion of UK and Australia) and after the critical test of strength described above, only the Soviet bloc voted in the negative. In the final voting, the preamble citing Charter Review carried 36–5 with Syria, Mexico and Israel abstaining (seven others apparently did not want to be caught voting on this since there were 14 abstentees, compared with only 7 abstentees in the vote a few minutes later on the resolution as a whole). The preambular reference to the preparations required on the part of both governments and the SYG carried 41–5 with 2 abstentions; the preambular reference to the need for documentation 40–5 with 5 abstentions; and the remaining operative clause regarding documentation carried 44–5. The absentees on the final vote were Ethiopia (which had favored the resolution but had apparently retired in embarrassment after casting her vote the wrong way the evening before), Haiti, Lebanon, Luxembourg, Paraguay, Yemen, and Bolivia. Thus, if Ethiopia had been present, the vote would have been 49–5, and if the others had put in an appearance it might conceivably have been as high as 55–5.

7. In the plenary session on November 27th the resolution was approved 54–5–0.

8. There is good reason, in my opinion, to anticipate renewed discussion of this subject at the 9th GA, with likelihood that the proposal to establish a preparatory body will be revived.

[Page 186]

Annex A

Resolution on Charter Review as Approved by the General Assembly, November 27, 19533

The General Assembly,

Having regard to the provisions of Article 109 of the Charter under which a proposal to hold a General Conference of the Members of the United Nations for the purpose of reviewing the Charter is to be placed on the agenda of the tenth annual session of the General Assembly if such a conference has not been held before that session,

Considering that the examination of such a proposal will require considerable preparation on the part of both the Secretary-General and Member States,

Considering that study of the legislative history of the Charter and of the practice followed by the various organs of the United Nations is one of the best methods of acquiring knowledge of the Charter and will greatly facilitate the General Assembly’s consideration, at its tenth annual session, of the question of calling a General Conference,

Having regard to the memorandum by the Secretary-General (A/C.6/343),

Requests the Secretary-General to prepare, publish and circulate among the Member States during 1954, or shortly thereafter:

(a)
A systematic compilation of the documents of the United Nations Conference on International Organization not yet published;
(b)
A complete index of the documents of that Conference on the lines envisaged in part II and part III C of the memorandum by the Secretary-General;
(c)
A repertory of the practice of United Nations organs appropriately indexed.

Annex B

Situation in Groupings—Shadings from Pro to Anti-Revision

[Page 187]
Western Europe Netherlands very pro
France, Belgium very anti
Luxembourg absent
Scandinavia Norway pro
Iceland voted for resolution and against amendment
Denmark cautious
Sweden very cautious
Commonwealth New Zealand, Canada very pro
Australia pro revision, but abstained on amendment
UK, South Africa very half-hearted, cautious
Latin-America Brazil, Argentina, Peru, Panama, Nicaragua, Chile, Uruguay, Ecuador, El. Sal. all very pro
Cuba, Honduras generally pro
Venezuela, Dom. Republic voted for res. and against amend.
Costa Rica, Mexico, Colomb anti
Guatemala very anti
Bolivia, Haiti, Paraguay absent
Arabs Egypt pro
Iraq, Saudi Arabia somewhat anti
Syria very anti
Yemen, Lebanon absent
Middle East Pakistan pro
India cautious
Afghanistan, Iran favored amendment
Asia Philippines, China pro, but opposed invitation for views
Indonesia, Thailand abstained on amendment, opposed invitation for views
Burma says pro but neutral, opposed invitation for views
Africa Ethiopia pro
Liberia very anti
Southern Europe Greece pro
Turkey voted for resolution and against amendment
Yugoslavia cautious
Israel abstained on amendment
U.S United States pro
Soviet Bloc USSR, Ukrainian SSR, Byelorussia SSR, Poland, Czechoslovakia very anti
NATO US, Greece, Turkey, Norway, Netherlands, Iceland, Canada pro
UK, Denmark, Sweden lukewarm
Belgium, France anti
Luxembourg ?
  1. For the official United Nations record of this debate, see United Nations, Official Records of the General Assembly, Eighth Session, Sixth Committee. The classified minutes of meetings of the U.S. Delegation are in IO files, lot 71 D 440 (Eighth Session), as are also the Delegation’s memoranda of conversation with other delegations.
  2. Addressed to the Assistant Secretary of State for United Nations Affairs (Murphy) and the Deputy Assistant Secretary (Sandifer). (On the same date, Murphy was transferred from this position and designated Deputy Under Secretary of State.)
  3. Resolution 796 (VIII), entitled “Publication of documents concerning the drafting and application of the Charter: Preparatory work with regard to the possible holding of a General Conference of the Members of the United Nations in accordance with Article 109 of the Charter”. For official text, see United Nations, Official Records of the General Assembly, Eighth Session, Resolutions, p. 51. For the legislative history, see United Nations, Official Records of the General Assembly, Eighth Session, Annexes, agenda items 58, 70, and 72.