Cablegram United Nations 284 NEW YORK, 7 June 1946, 5.39 p.m.
Security 96.
1. In presenting the report of Spanish Sub-Committee to the
Council yesterday afternoon [1], 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.
Committee's recommendations would be adopted unanimously in same
way as previous declaration by the United Nations on Spain. He
stressed that the Council was not concerned with the type of
political party in power in Spain, but with the impact of the
Spanish Regime upon International security. He then moved that all
the Sub-Committee's recommendations be adopted.
4. Polish delegate stated that although he wished the Council to
recommend breach of Diplomatic relations, without referring to the
General Assembly, he was prepared to support the Sub-Committee's
recommendations in the hope of obtaining unanimous agreement.
France also expressed support and reasoned that reference to the
General Assembly was preferable, because all members would then
have the opportunity to participate in decision which would affect
all of them.
5. United States and the United Kingdom then proposed adjournment
on the ground that their Governments needed more time to consider
the report and the Council adjourned until Tuesday.
6. We expect the members of the Sub-Committee to maintain their
support of its recommendations and this means that the majority of
Council are in favour of reference to the General Assembly. The
attitude of Major powers has not yet been fully defined and
unanimity is by no means certain. However, it appears the stage
for attempts at bargaining has now been set. The United Kingdom
delegation has been considering the objection based on
interference in Domestic jurisdiction, but the Minister's
statement yesterday on this point, seems to have cleared away
doubts in most quarters.
7. By moving the Sub-Committee's recommendations we have taken up
position consistent with decisions at San Francisco and London.
[2] Any member who wishes to dissent from any one or more of the
Sub-Committee's recommendations will have to move amendments which
will be voted first and which are almost certain not to obtain the
necessary majority for success.
8. The Minister's speech was very well received amongst other
Delegations, and created most favourable impression, except in a
few quarters which are authorities of organised pro-Franco
propaganda. A thorough and just enquiry has been held, a good
report produced and a course of positive action within the terms
of the charter placed before the Council. Acceptance of Sub-
Committee's recommendations should do much to remove unfavourable
impression created by the Council's inability to take positive
action regarding Iran. On the other hand nothing is lost if
recommendations are sent to the Assembly which is the General
Plenary body authority of which has been constantly supported by
Australia.
[AA:A1066, E45/28/7]
1 See Document 288.
2 See Document 214, note 2, and Document 178, note 3.
