296 Australian Delegation, United Nations, to Department of External Affairs
Cablegram United Nations 284 NEW YORK, 7 June 1946, 5.39 p.m.
1. In presenting the report of Spanish Sub-Committee to the Council yesterday afternoon , the Minister spoke on behalf of all its members. After viewing the Sub-Committee's work, and presenting its findings on the facts, he cited provisions of previous United Nations declarations on Spain and showed these declarations were steps in the application of a constant policy towards the Franco Regime which has now led to the stage where the Council was called upon to take positive action. He then outlined the Sub-Committee's recommendations which its members considered action likely to prove effective in encouraging peaceful withdrawal of the Franco regime.
2. In reply to criticism advanced in some quarters, that action proposed by Sub-Committee was contrary to Article 2(7) of the Charter, Dr. Evatt said this was based partly on misunderstanding that Article 2(7) meant that the United Nations should not intervene in any matter essentially within the Domestic jurisdiction of any State except when the matter fell within Chapter 7. This was not correct. Under Article [2(7)] the only matter to be decided was, whether the question fell essentially within Domestic jurisdiction. This was a question of fact, and depended upon the circumstances of each case. Facts regarding Spain showed situation there was complete antithesis of domestic situation. Also the breach of Diplomatic relations recommended by the Sub-Committee was form of action completely within the control of various members, and solely within their discretion. Finally objective of recommendation, namely, to remove danger to International peace, and cause of international friction, was International in character, and no way domestic.