340/4–1453: Telegram

The United States Representative at the United Nations (Lodge) to the Department of State

confidential
priority

613. Re ECOSOC item 34. Re USUN 607 and Deptel 389.1 USDel has today discussed procedure for handling item 34 ECOSOC plenary a.m. tomorrow with President of Council and with French, UK, Swedish and Indian Dels. Believes debate re political and legal aspects problem can be minimized and drastic measure such as resolution of protest or censure, or transfer item to GA, can be avoided if USDel speaks first along lines indicated below. Swedish representative has indicated he prepared to follow US statement with suggestion council await outcome discussion between SYG UN and US Government, or other action appropriate under Headquarters Agreement. French delegate has indicated will support Swedish position and move to adjourn debate. French delegate also speaking with Poles in effort dissuade them from presenting resolution re item. UKDel endeavoring dissuade Uruguayans from following instructions to vote for transfer item to GA.

Should resolution along lines Swed’s position be brought to vote, USDel prepared abstain as interested party.

Proposed US statement as follows:

“The items before us deal with the inability of certain individuals to obtain visas in order to gain entrance to this country for the stated purpose of attending meetings of this council or its commissions as representatives of their respective NGOS. In a larger sense however, it deals with a disagreement between the Legal Department of the Secretariat and the US Government as to the nature and extent of the obligations undertaken by my government in entering into the Headquarters Agreement. In the opinion of my Del, Mr. President, little can be gained by a debate in this body concerning this disagreement. The problem here is essentially juridical in nature and I submit that in section 21 of the Headquarters Agreement there exists clear and adequate machinery for the settlement of disputes between the UN and the host country concerning the interpretation and application of the agreement. My government has no intention of contravening any part of this agreement and will continue to recognize the validity of its provisions, including the reservation expressed by the 80th Congress in PL 357. Accordingly my government is prepared to enter into conferences and negotiations with the SYG concerning this matter and, should such negotiations fail to achieve agreement, is prepared to cooperate in the next step, that of arbitration.

[Page 262]

Therefore, Mr. President, without presuming to suggest an unwilling silence on the part of my colleagues in this matter, I submit that a protracted debate today can serve only to raise unnecessarily the temperature of our climate here, and suggest that an immediate beginning of the conferences referred to above would be of far greater practical value.

Request Department’s comments prior plenary 10:30 a.m. tomorrow.

Lodge
  1. The ECOSOC item and the reference telegrams all dealt with the concern felt at the United Nations over U.S. refusal to grant visas to Mrs. Luckock and Mr. Dessau of the NGO. The reference telegrams are in Department of State file 340/4–1053.