Foreign Relations of the United States, 1958–1960, United Nations and General International Matters, Volume II

240. Telegram From the Department of State to the Mission at the United Nations¹

Washington, November 4, 1960—8:47 p.m.

847. Urtels 1132 and 1210 re US position on Portuguese and Spanish territories.² Department has reviewed its position on this question and has concluded that we are opposed to a resolution singling out Portugal and Spain or any other country to remind it of obligations, if any, under Article 73(e) of the Charter. Whether USDel should abstain or vote against depends upon the form and wording of such draft resolution which Department wishes to see in advance of voting.

USDel should explain in statement or explanation of vote that the principles contained in Committee of Six report are described as “principles which should guide members in determining whether or not an obligation exists to transmit” such information. Department considers that, as in the past, each member of UN should in accordance with its obligations under the Charter, decide whether principles contained in report of Committee of Six apply to territories under their administration and, if so, how they should be given effect. If certain members UN wish single out Portugal and Spain for application these principles, it is difficult to see why some other countries should not also be singled out for such application.

In presenting argument USDel should state that US has for itself given broadest possible interpretation to Article 73(e) and has reported on territories which were incorporated parts of US, two of which have since become, by their own choice, States of the Union. US convinced that all territories which contain peoples not having full measure of self-government ought to be subject to reporting under Article 73(e) and that states administering such territories have moral obligation to assist such peoples in the progressive development of their free political institutions leading to self-government which, when achieved, removes the obligation under Article 73(e). The US therefore accepts the obligations of Article 73 without any reservation and believes all other UN Members would be wise to do the same.

In indicating firm US opposition to procedure whereby GA would single out particular countries, USDel should also make clear (initially with sponsors and in corridor discussions) that if GA is determined to embark upon this dangerous course, US would consider it intolerable that special reference be limited to Portugal or Spain.

Finally, to take the unprecedented action in singling out Portugal and Spain will not, we believe, produce desired result. A better alternative, it seems to Department, will be to urge all members to fulfill their obligations, if any, to report under Article 73(e). It might even be added that we believe this should be done even if certain domestic legal and constitutional difficulties might seem to stand in the way (provided no particular country is mentioned).

USDel should make our views known to sponsors and others in corridor discussions in hope they might withdraw mention particular countries.

Herter

1. Source: Department of State, Central Files, 321.4/11–160. Confidential. Drafted by Gerig on November 3; cleared by Kohler, Ludlow, Penfield, Monsma, Day, and Bohlen; and approved by Merchant who signed for Herter.
2. Telegram 1132 is printed as Document 233. Telegram 1210, November 1, reported that the Fourth Committee had begun considering the Report of the Special Committee of Six on the Transmission of Information Under Article 73e of the Charter. (Ibid.) For text of the report, see U.N. doc. A4526.