S/A files, lot 53 D 65, “UNGA 1952—4th Committee”
Memorandum by the Deputy Legal Adviser (Tate) to the Deputy Director of the Office of Dependent Area Affairs (Cargo)1
- Subject:
- Revision of Position Paper: “Transmission and Discussion of Political Information under Article 73(e)”
This is to confirm the conversations which members of the Legal Adviser’s Office have had with you concerning the revision of the General Assembly position paper, “Transmission and Discussion of Political Information under Article 73(e)”, (SD/A/C.4/99, October 6, 1952). As this paper itself indicates, it has not received final clearance in the Department; and this office cannot give its clearance until some modification is made in Recommendation 2 which reads:
“2. The Delegation should be guided by the view of the United States that the General Assembly is competent, under Article 10 of the Charter, to discuss and make recommendations on conditions in non-self-governing territories generally, including political questions arising out of Articles 10, 14, and 73.”
This office objects to the present phrasing of this recommendation because it may reasonably be implied that the United States does not consider that the General Assembly has competence under Article 10 [Page 1283] to discuss and make recommendations on political conditions in particular non-self-governing territories. Such an implication is inconsistent with the Comment on Recommendation 2 which appears upon page 5 of this position paper, and is most certainly inconsistent with the United States position on the items of Tunisia and Morocco which have been assigned to Committee 1. Regarding the Tunisian and Moroccan questions, the United States position is that the General Assembly is competent to discuss and make recommendations relating to these items; and that this competence is not restricted to recommendations generally, but extends to whatever type recommendation the General Assembly may decide upon.
This office therefore proposes that Recommendation 2 of this paper be clarified so as to reflect accurately the United States position on the competence of the General Assembly, as follows:
- (1)
- Delete the word “generally” from the recommendation; or
- (2)
- Add new language, so the text will read as follows:
“2. The Delegation should be guided by the view of the United States that the General Assembly is competent, under Article 10 of the Charter, to discuss and make recommendations on conditions in non-self-governing territories, including political questions arising out of Articles 10, 14, and 73, both generally and also with respect to particular non-self-governing territories.”2
- Sent to New York for the Assistant Legal Adviser for UN Affairs (Meeker), an adviser–member of the U.S. Delegation staff, who in turn transmitted it to Ambassador Jessup.↩
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The Department telegraphed the following instruction to the Delegation on Oct. 29:
↩“Re: Comite 4 Political Discussions.
“Dept has decided not to complete clearance draft position paper on transmission and discussion of polit info under Article 73(e) sent to Del as SD/A/C.4/99. Question of competence GA consider polit questions in colonial field may not arise Comite 4 in form requiring statement US views. Question of transmission polit info under Article 73(e) is dealt with in position paper SD/A/277.
“If competence issue raised Del shld seek to discourage discussion in order avert repetition of situation precipitated Sixth GA by Iraq draft res. If situation arises requiring US take position on substance of issue either in gen or specific form, Dept shld be consulted.” (Telegram Gadel 26, Oct. 29, 1952, 4:08 p.m., 320/10–2952)