UNP files, lot 59 D 237, “Membership”

Memorandum of Conversation, by Senator J. W. Fulbright of the United States Delegation to the General Assembly and Joseph J. Sisco, an Adviser of the Delegation

confidential
  • Subject:
  • Non-member Participation
  • Participants:
  • Mr. Crosthwaite, U.K. Delegation
  • Mr. Michael Williams, U.K. Delegation
  • Senator Fulbright, U.S. Delegation
  • Mr. Joseph Sisco, U.S. Delegation

Senator Fulbright made available to Messrs. Crosthwaite and Williams a copy of a brief summary of our non-member participation proposal and a copy of the legal memorandum which explains the juridical basis of our proposal.

Mr. Crosthwaite said he would take this matter up in their delegation urgently. During the course of the luncheon conversation Messrs. Crosthwaite and Williams made the following points:

1.
He described their position on our proposal as somewhere between outright opposition and extreme scepticism.
2.
The UK has real doubts as to the legality of the proposal.
3.
He indicated that according to their information none of the European non-members would favor participation on the basis of our proposal.
4.
They were opposed to any proposal which would derogate from the authority of the Security Council and enhance the position of the General Assembly. He explained further that in their view the General Assembly is not a reliable organ. He maintained that the UK has no comparable “veto” in the GA as the US has by virtue of its ability to muster 20 Latin American votes on any proposal which really affects its interest. He cited the Latin American support of the US against Indian participation in the Korean Political Conference.
5.
They did express specific opposition to the provision that the vote of the non-member participants be recorded but not counted.

[Attachment 1]

Brief Summary of United States Proposal

limited official use

The proposal is for non-member participation of the 14 qualified states. (Those states who have received 7 votes in SC and ⅔ majority in GA).

Under the proposal the GA would set up arrangements for the participation of these non-members. Their privileges might include: receive UN documentation; they could speak, make proposals, and have [Page 1034] their vote recorded but not counted, they would be asked to make some financial contribution.

This is different from the old associate membership idea. The GA would invite the qualified non-members to participate on the above basis—no individual applications would be necessary. The non-members could choose to respond to the GA invitation to participate shortly after the adoption of the resolution or at a subsequent later date.

It would be an interim step towards full membership. This proposal is complementary to our continued support of qualified applicants for full membership. Its juridical basis rests on the assumption that the GA, as an adaptable and flexible organ, can invite states to participate in its proceedings under conditions defined by the GA.

The proposal would also include an operative paragraph or two in the resolution which would have the GA declare or express the opinion that membership should not be subject to the veto and that the Charter be revised to this effect.

We have been informed that the Prime Minister Yoshida has accepted the proposal in principle. The Koreans have also indicated their willingness to participate on this basis. We are awaiting responses from a number of other non-members.

[Attachment 2]

Legal Memorandum

limited official use

Non-Voting Participation in the General Assembly

Representation and voting in the General Assembly are provided for in Articles 9 and 18 of the Charter, which specify that each United Nations Member is entitled to five representatives and one vote in the Assembly. The Charter makes no provision for any form of associate membership in the United Nations.

On the other hand, the Charter does not exclude the possibility of non-Member states appearing before and being heard by United Nations organs, including the General Assembly. Indeed, Articles 11(2) and 35(2) clearly contemplate this. Article 35(2) provides that a “state which is not a member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the Charter.”

In a large number of instances, main committees of the Assembly have invited representatives of non-Member states to appear and speak on questions coming before the Assembly. For example, representatives [Page 1035] of Albania and Bulgaria were heard in the Greek case; representatives of Jordan have been heard in discussion of the Palestine problem; the Republic of Korea has been represented by spokesmen in the Assembly’s Political and Security Committee. Austria and Italy also have appeared and been heard by Assembly Committees.

These have been instances where the non-Member states concerned were thought to have a special interest in the particular subjects under consideration, and were therefore invited to participate. But there is nothing in the Charter to suggest that similar arrangements may not be made by the General Assembly for one or more non-Member states whose participation the Assembly believes would be valuable over the whole range of subjects dealt with in the Assembly’s sessions.

The General Assembly, by large majorities, has expressed its view that fourteen of the existing applicant states ought to be admitted to membership in the Organization so as to participate in its work; they have been excluded only through the veto in the Security Council by one permanent member of the Council. There is no reason why the Assembly may not invite these states to participate in its deliberations, with such privileges as the Assembly wishes to accord, so long as the non-Members do not have their votes counted so as to affect the outcome on proposals placed before the Assembly and its Committees.