UNP files, lot 59 D 237, “Membership”

Memorandum by the Assistant Secretary of State for United Nations Affairs (Hickerson) to the United States Representative at the United Nations (Lodge)1

secret

During our meeting with you on January 22, you indicated that you attach very great importance to planning some means of breaking the membership deadlock in the United Nations at an early date. It was agreed that we would take a fresh look at the question promptly.

You will recall that there was special discussion of the possibility of advancing the device of associate membership. After reviewing the extent of our prior exploration of this question showing the lack of any interest on the part of Italy and2 Japan in associate member status, it was concluded that it would probably be better to concentrate attention on some means of dealing with the problem on the basis of regular membership status.

The attached preliminary memorandum has been prepared pursuant to this discussion. I would very much appreciate your views concerning the possible course of action suggested. If you think it is worthwhile to explore the possibility of an omnibus arrangement in preparation for the meeting of the Special Committee on Membership, we will press the matter actively here with other interested Bureaus.

John D. Hickerson
[Attachment]

Admission of New Members to the United Nations

The essential background on the present membership stalemate and a possible course of action for consideration are set forth below.

[Page 919]

possible course of action

1.
The Department for the past few years has seriously considered the advantages and disadvantages of an omnibus arrangement but has always finally decided against it. However, in view of the urgency of finding some solution to the membership problem which would achieve the admission of Italy, Japan and others we favor, we should again consider the possibility of an omnibus arrangement. If we handled the matter carefully we could probably overcome some of the difficulties of an omnibus settlement noted below.
2.
We should not seek any action in the United Nations on the membership question before the Assembly’s Special Committee meets in May to review the whole problem and prepare conclusions for the consideration of the Assembly. The Committee will have before it many proposals, some designed to circumvent the Soviet veto and others to achieve a solution within existing procedures. We will have to take a position on all these proposals. If we should decide to move ahead on the basis of an omnibus arrangement, we could pave the way in the Committee for subsequent Security Council action.

background

The qualifications for new members and the procedures for their admission are governed by Article 4, which reads as follows:

1.
Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
2.
The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

The International Court of Justice has given two advisory opinions on Article 4. In the first, it said that a Member, while recognizing that a state fulfills the conditions of Article 4, cannot subject its favorable vote on the admission of that state to the additional condition that other states be admitted simultaneously. In the second, the Court advised that the General Assembly cannot admit a state in the absence of a favorable Security Council recommendation.

Only nine states have been admitted as new members since the founding of the Organization. These nine are: Afghanistan, Burma, Iceland, Indonesia, Israel, Pakistan, Sweden, Thailand, and Yemen. The last time that a state was admitted was in 1950, when Indonesia was accepted.

Nineteen other candidates have applied. The USSR has used its veto 28 times to block the admission of fourteen of these candidates (Austria, Cambodia, Ceylon, Finland, Ireland, Italy, Japan, Jordan, Republic of Korea, Laos, Libya, Nepal, Portugal, and Vietnam), all [Page 920] of which the Assembly has determined to be qualified. The remaining five, which are Soviet-sponsored (Albania, Bulgaria, Hungary, Rumania, and Outer Mongolia), have never received the seven votes required for a Security Council recommendation or been found qualified by the Assembly. In addition to these nineteen, the North Korean and Vietminh regimes have submitted communications purporting to be membership applications.

The Soviet Union has proposed the simultaneous admission of nine of the non-Soviet applicants (including Austria, Ceylon, Finland, Ireland, Italy, Jordan, Libya, Nepal and Portugal but not Cambodia, Japan, Republic of Korea, Laos and Vietnam) and of the five Soviet-sponsored candidates, always making clear, however, that it would continue to use its veto to block the admission of the non-Soviet applicants unless its own candidates were also admitted. The majority on the Security Council, including the United States, have not accepted this package deal because it is contrary to the Charter principle that each applicant should be considered separately, and because it includes applicants not considered qualified and while excluding others which meet the conditions for membership. The membership question has therefore remained deadlocked, the Soviet Union vetoing the non-Soviet applicants and the majority rejecting the Soviet-sponsored candidates or a package deal.

Some of the Latin American countries have proposed, and will again propose in the Special Committee established by the Seventh General Assembly, that the General Assembly should itself proceed to admit Italy and other applicants considered qualified even though the Security Council has made no recommendations on them. Those advocating this course have tried to justify it on the grounds that a Council recommendation to admit a new member is not subject to the veto, or that the separate Soviet vetoes of Italy and others included in its package deal have been illegal because the Soviet Union has voted for their admission as one of a group. However, it has been widely understood from the beginning that a recommendation on a membership application is a substantive question to which the veto applies, and the Security Council and the General Assembly have always proceeded on this basis. Furthermore, there could be serious consequences in connection with the veto power over other matters of vital concern to us if a precedent were established whereby the Assembly could itself decide whether a matter before the Council is substantive or procedural or whether the vote of a permanent member is null and void because it is illegal. Some members have suggested that recourse might be made to the International Court of Justice on the question of the veto, but it is unlikely that this would lead to any useful result. Similarly, an amendment to Article 4 to remove the veto from votes on membership applications would only be vetoed by the Soviet Union.

[Page 921]

special committee of seventh general assembly

The large majority of Members have become increasingly concerned over this stalemate. The Seventh Session of the Assembly established a Special Committee to review the whole problem and report its conclusions to the Eighth Session. The Committee, which is now scheduled to meet on May 15, is composed of representatives of the following nineteen states: Argentina, Belgium, Canada, China, Columbia, Cuba, Egypt, El Salvador, France, Greece, Lebanon, Netherlands, New Zealand, Norway, Peru, Philippines, South Africa, United Kingdom, and United States. (The Soviet Union, Czechoslovakia and India were also designated as members of the Committee but declined to participate.) The United States favored the establishment of the Committee in order to stave off support for proposals unacceptable to us and in order to give the new administration an opportunity to reexamine the problem.

omnibus arrangement

It appears that the only possibility of breaking the membership stalemate under existing membership procedures would lie in an omnibus arrangement approved by the Security Council providing for the admission of a large number of applicants, both Soviet and non-Soviet. Such an arrangement would in all probability have to include the five Soviet-sponsored candidates (Albania, Bulgaria, Hungary, Rumania and Outer Mongolia) in order to avoid a Soviet veto. For our part, the arrangement should preferably include all of the non-Soviet applicants (Austria, Cambodia, Ceylon, Finland, Ireland, Italy, Japan, Jordan, Republic of Korea, Laos, Libya, Nepal, Portugal and Vietnam) and also Spain and the Federal Republic of Germany, which have not yet applied. However, it appears certain that the Soviet Union would not accept a list which included the Republic of Korea and the three Indo-China states, all of which it has omitted from its own package deal, or the Federal Republic of Germany. In addition, it might well maintain its opposition to Japan’s admission and be unwilling to consider Spain. In my opinion we could under no circumstances agree to an omnibus arrangement which did not include Japan and Spain. The issue to be resolved, it seems to me, is whether we could consider an arrangement which in the beginning would include all the states we favor but which was negotiated downward so that the Republic of Korea, the three Indo-China states and the Federal Republic of Germany would be left out, and which in its final form also included the five Soviet-sponsored candidates.

A. Arguments for Omnibus Arrangement

1.
Admission of many non-Soviet applicants, particularly Italy and Japan, is politically important to them and to the United States. We have been under heavy pressure from Italy and Japan to help obtain their admission.
2.
The Members of the United Nations have become increasingly concerned over the stalemate and are pressing for a solution.
3.
Perhaps a greater moral influence could be exercised over the Soviet satellites if they were inside rather than outside the United Nations.
4.
The Soviet-sponsored applicants are no worse than some present United Nations Members, i.e., the Soviet five.
5.
United Nations membership, by furnishing an additional method of contact with the free world, tends to offset exclusive Cominform control over the satellite countries and might conceivably strengthen the position of elements therein opposed to Moscow domination.
6.
The United Nations was meant to be a universal organization, the membership of which would reflect the world as it actually is.
7.
An increase in the number of United Nations Members would give a lift to the Organization.

B. Arguments Against Omnibus Arrangement

1.
Since 1946, the United States has maintained that the Soviet-sponsored candidates do not meet the Charter qualifications. At the same time, the conduct of the Soviet-sponsored applicants has become progressively worse.
2.
The admission of Soviet-sponsored applicants might dignify the puppet regimes, could be interpreted as tacit acquiescence in their present status, and might have an unfortunate effect upon the peoples within these states still looking with hope to the West.
3.
The admission of Outer Mongolia would give some sanction to the Soviet effort to organize Asia into pseudo-independent states.
4.
If we accepted an omnibus settlement excluding the Republic of Korea, the Federal Republic of Germany and the Indo-China states, the Soviet Union would be even less likely to agree to their admission later. It would be particularly difficult to omit the Republic of Korea, at a time when the United Nations is taking action to defend it against Communist aggression.
5.
Even though the questions of membership and representation are technically unrelated, willingness to admit the Soviet satellites might make it more difficult to obtain support for our position on Chinese-representation.
6.
Admission of the five Soviet-sponsored applicants would increase Soviet obstructive capabilities, while on many issues we could not count on the votes of all the eleven non-Soviet applicants included in the arrangement.
7.
Additional Soviet satellites in the Organization would correspondingly increase the scope of our internal security problem in New York.
  1. Drafted by the Deputy Assistant Secretary of State for UN Affairs (Sandifer).
  2. At this point a marginal notation was handwritten: “no great enthusiasm on the part of”.