68. Paper Prepared by Virginia F. Hartley of the Office of United Nations Political and Security Affairs1
GA CHARTER REVIEW COMMITTEE
Background
The tenth GA decided that a Charter review conference “shall be held at an appropriate time,” and established a committee of the whole “to consider, in consultation with the Secretary General, the question of fixing a time and place for the Conference and its organization and procedures.” This committee is to report to the 12th GA, and the United States must therefore determine the position it is to take in the committee when it meets prior to the 12th session.
The adoption of the tenth GA resolution was in large measure the result of U.S. urging. While only the Soviet bloc strongly opposed the idea of Charter review, there was no pressure for an early conference. Doubt about the possibilities of accomplishment at such a conference in the absence of a more favorable political climate was widespread. Neutralist members were influenced by the Soviet position. They, and others, feared that a conference might exacerbate East-West differences. The anti-colonial and underdeveloped countries saw little chance of amendments they might favor receiving the necessary major-power ratifications. The older colonial powers and more developed countries were apprehensive about the pressures that might build up at such a conference for Charter changes they could not accept. The U.S. in principle strongly favored the holding of a conference, but did not wish it held in 1956—an election year. The British would have preferred to see any decision on holding a conference deferred until 1960.
The GA discussions in 1955 produced very little in the way of concrete proposals for change. Preparatory to these discussions, a Department working group prepared twenty position papers on various substantive aspects of Charter review, but these papers were never finalized nor advanced beyond the working level. (A list of these papers is annexed.2) Since 1955, there has been almost no [Page 190] discussion of Charter review in official circles either here or abroad. The Secretary, however, has on a number of occasions, reiterated his interest in the institution of some type of weighted voting in the GA.
Committee’s Terms of Reference
The first decision before the committee (and the United States) is whether to favor the calling of a conference. The GA committee is free to recommend to the 12th session against a decision now to hold a review conference on the ground that it is not “an appropriate time” since the “auspicious international circumstances” referred to in the tenth GA resolution do not prevail. If this first decision is negative, the others concerning place, organization, and procedures would automatically be postponed.
The committee’s terms of reference as set forth in the tenth GA resolution are procedural and not substantive. However, some substantive discussion may be difficult to avoid. The individual members will have to give at least preliminary consideration to substance in order to reach a position on whether or not the scheduling of a conference is desirable, and this consideration may be reflected in the subsequent committee discussion. Moreover, India at the last GA made specific mention of this committee in connection with its proposal that the composition of the Security Council be studied “in all its aspects.” It is therefore not unlikely that India may try to raise this matter in committee despite the 11th GA decision to postpone further consideration of the “enlargement” items until the 12th session.
U.S. Preparations
If the consensus of the UN membership clearly and strongly favors the convening of a Charter review conference in the near future, it would appear difficult for this Government to fail to support such a move in view of our previous statements within this country and at the tenth GA. Moreover, a refusal to review is difficult to defend intellectually and for us to join the USSR, or even all the other permanent SC members, in opposing a conference would appear to many other members as a failure to fulfill what they regard as a tacit commitment given at the San Francisco Conference in 1945.
If, however, there is no clear consensus in favor of convening a conference, and there is no indication of one at present, we should weigh very carefully whether the holding of a review conference at this time is really in the U.S. interest. One of our principal concerns—the membership deadlock—has been met, and enlargement of [Page 191] the UN Councils responsive to the increased membership is already on the 12th GA’s agenda. There would appear to be little chance of obtaining effective agreement on another principal objective—restricting the use of the veto—not only because of Soviet opposition but also because British and French support for such a move at this juncture seems unlikely. Our own position on this matter has been complicated by the fact that with the growing membership of the UN and the projected enlargement of the SC, a friendly Council will become increasingly difficult to ensure. If a review conference is held, the questions of the permanent seats on the SC and of Chinese representation seems inescapable. While the Charter requirements of a two-thirds vote and ratification by the five permanent members of the SC guarantee us against any unacceptable amendments, long and acrimonious debate of these highly controversial issues could be seriously prejudicial to U.S. and free-world interests.
We should therefore carefully weigh what we could reasonably expect to gain at this time from a Charter review conference against the hazards one presents for us. This calls for a careful review of the 1955 series of draft position papers to determine their adequacy, their continuing validity, and their probable acceptability to others in the present situation. We should then, before finalizing our position for the committee-of-the-whole session, take informal soundings with friendly members and the UN Secretariat to ascertain what if any pressure exists, and where, for holding a conference in the near future.
If it is clear that there is no consensus among the UN membership in favor of a conference now and if we decide not to press for the convening of a conference under these circumstances, the development of detailed positions on place, organization, and procedures of such a conference would be premature.
Committee Session Tactics
Our primary tactical problem when the committee of the whole meets will be to avoid, so far as possible, substantive discussion. To this end, a brief meeting under a strong chairman, who would hold the committee to its terms of reference under the tenth GA resolution, is desirable.
If no strong pressure for a conference in the near future develops, the committee should be able to reach a decision on a negative recommendation with the minimum of discussion. If, however, there are pressures for an early conference, then it would appear desirable to limit the number of meetings of the full committee and to have the questions of place, organization, and procedures taken up in subcommittees, both in order to expedite the work and to minimize [Page 192] the inducement to substantive discussion inherent in a forum of all UN members.
While a meeting early in the summer would probably attract less high-level representation, it might also prolong the proceedings. On balance, it would seem preferable that the committee meet either in late August or early September, just before the GA. This timing would serve to emphasize the committee’s procedural character and the need for an expeditious transaction of its business. A meeting during the GA might facilitate an Indian move to interject into the committee the “enlargement” items on the agenda of the 12th session.
- Source: Department of State, IO Files: Lot 60 D 113, Charter Review. Confidential. A covering memorandum by Ware Adams, April 26, reads: “Attached is a paper concerning the Charter review question at the next GA. If it meets with your approval we plan to take it up with the regional bureaus and L in order to get our preparations under way for the meeting of the special committee on the holding of a Charter review conference established by the 10th GA.”↩
- Not printed.↩