S/PV.1044 Security Council

Thursday, July 11, 1963 — Session None, Meeting 1044 — New York — UN Document ↗ OCR ✓ 2 unattributed speechs
This meeting at a glance
4
Speeches
2
Countries
0
Resolutions
Topics
General statements and positions Global economic relations General debate rhetoric Southern Africa and apartheid

NEW YORK
Mr. Carvalho Silos BRA Brazil on behalf of Brazilian GOvernment before the Council proceeds to discuss its agenda #120014
1 liave asked for permission to makè a brief statement on behalf of the Brazilian GOvernment before the Council proceeds to discuss its agenda. This statement concerns the agreementreachedyesterdayinMoscowbythe UnitedStates. the United Kingdom andthe Soviet Union on tlle question Of the suspension of nuclear tests. an event whose mllgnitude is very clearto all ofus and to all humanity. With your permissiç>n. Mr. President. 1 am going to reaq out thljl text of the message sent yesterday by President Jo!IQ" Goulart ofBrazilto President Kenneqy. PrhneMinister Macmillan and Chairman Khrushchev: "In the Eighteen Natior. Conimittee on Disarmament. at its meetings held on 16 March. 25 July and 17 August 1962. Brazil suggested and recommended that a partialtreat-.f shouldbe signed asa preliminary measure towards the final banning of such tests. against which we had protested within the spirit of the resolutions adopted by the General Assembly. ". "In wëlcoming this conclusion'of the negotiations that will protect mankind from the lethal effects of such tests. Brazil wishes to express its determination to continue to work towards the solution of aIl questions and problems which still separateusfrom the signing of a treaty on general and complete disarmament. "Both in Geneva ~d in New York. at the sessions of the Committee on Disarmament and the General Assembly. the Brazilian delegation will continue to defen.d the idea of the necessity.of effective and speedy aètion for the prevention of the spread of nuclear weapons and of the prevention of war by accident. miscalculation or failure of communication. "The agreement now reachedèonstitutes an important step with which Braziliàn diplomacy had the privilege of being associated on the road towards peace and harmony between nations." Adoption of the agenda The agenda was adopted. Letter'dated 11 July 1963addressedtothe President of ·theSecurity. Council by· the representatives of Algeria, BUl"'undi,Cameroon,Central African Republie, Chad, Congo (Brazzaville),Congo {Leopoldville), Dahomey, I;thiopia, Gabon, Ghana, Guinea, Ivory Coast, Liberia, Libya, Madagascar, Mali, Mauritania, Morocco, Niger, Nigeria, Rwanda, Senegal, Sierra Leone,Somalia, Sudan, Tanganyika,. Togo, "funisia, Uganda, United Arab Republicanèl Upper . Volta (S/5347) L,~ttérdated11 July 1963 addressed to the Presid6:'lt of 'th~ 'Security C()uncil by the representatives ~f Alg~ria,; Burundi, Cameroon, Central Africal1Repub- IJ<:,. Çhad, Congo (erazt:(Iville),Congo (Leopoldvi Ile), b.ahomer, .Ethi<;>pia, Gabon, Ghana, Gui.nea, Ivory C:oait,Liberia, L, ibya, Madagascar, Mali, Mauritania~ Moroèco, Niger, Nigeria, Rwanda, Senegal, $ierrtl Leone,. Somalia,. Sudan, Tanganyika, Togo, .. Tunisia, Uganda, United Arab Republicand'Upper Volta (S/5348) . 4. Ml'. QUAISON-SACKEY (Ghana): In the name ofthe delegations of Gh~a. Morocco and the Philippines. which are acting on behalf of the Foreign Ministers from Africa designatedby the thirty-one African Heads of State. l have the honour to introduce the draft resolution contained in document S/5372. which reads as follows: "The Security Couneil. "Having examined the situation in the Territories under Portuguese Administration. as submitted by the thirty-two African Member States. "Recalling its resolution of 9 June ;l.961Y and General Assembly resolutions 1807 (XVll) of 14 Dècember 1962 and 1819 (XVII) of 18 December 1962, "Recalling General Assembly resolution 1542 (XV) of 15 December 1960 which deelares the Territories under Portuguese Administration to be Non-Self- Governing Territories within the meaning of Chapter XI of the Charter. as weIl as General Assembly resolution 1514 (XV) of 14 December 1960. bywhich the General Assembly d~elared interalia that ~m­ mediate steps be taken to transfer all powers to the peopleof these Territorieswithout any conditions or reservationSl_ in accordanCè with their freely expressed wishes, without distinction as to race. creed or colour in order to enable them to enjoy complete freedom and independence, "Convinced that the situation prevailing in the Territories 'lmderPortuguese Administration in Africa is a threat to internationalpeace and security, "1. Confirms resolution 1514 (XV) of the General Assembly; "2. Decides thatthe polieies of Portugalin claiming the Territories under its administration as "overseas" territories andas integral part of m~tropolitan Portugal are contrary tothe princi'ples of the Charter and the relevant resolutions of the General Assembly and the Security Couneil; "3. Condemns the attitude of the Portuguese Government,.its repeated violations of the principles of the United Nations Charter and its continued refusaI to implement the resolutions ofthe General Assembly and of the Security Council; "4. Determines that the situationin the Territories under Portuguese Administration is seriously endangering peaee and security in Africa; "'(Q) The immediate cessati.on of aIl acts of repression and the withdrawal of aIl military and other forces at present employed for that. purpose: "'(QJ The promulgation of an unconditional political anmnesty and the establishment of conditions that will allow thefree functioning ofpoliticalparties: "'(Q) Negotiations. on the basis of the recognition of the right to self-determination. with the authorized representatives of the political parties within and outside the Territories with a view to the transfer of power to political institutions freely elected and representative of the peoples. in accorda.1ce with resolution 1514 (XV): "'(~) The granting of independence immediately thereafter to aIl the Territories under its administration in accordance with the aspirations of the peoples:' "6. Decides thatall States shouldrefrainforthwith from offering the Portuguese Government any assistance which would enableit to continue its repression of the peoples of the Territories under its administration. and to take all.measures to prevent the sale and supply of arms and military equipment for this.purpose to the Portuguese Government: "7. Requests the Secretary-General to ensure the Implementation of the provisions of this resolution. 'to furnish any necessary assistance and ta reportto the Security Counci! by 30 September 1963." 5. l must confess that some hardwork. involvinghard thinking. was put into the preparation oithls draft. The Foreign Ministers of Liberia. SierraLeone and Tunisia and the Finance Minister of Madagascarhave spared no efforts to make clear the African position and to consider the various facets of the issue before this Counoil in consultations with various groups of delegations. Thus. what is before the Council was not concocted in a hurry: each paragraph hasbeenproperlyweighed. Our aim is to root out the sources of the conflict. 6. Here may l remind the Council of the words spoken by Ambassador Stevenson to the Security Council on 15 March 1961. during the debate on Angola: ' "It is in the spirit of seeking constructive elimination of not just the symptoms butthe sources of friction that the United states approaches this problem. .•. And while we recognize full well that Angola and the conditions therein do not today endanger international peace and security. webelieve that they may. if not alleviated. lead to more disorders. with many unforeseen. unfortunate and dangerous consequences. ".... These were ponderous words. full of conviction and sincerity. and it is this conviction which Africa today wants to see implementedin a practical wayby support of the present draft resoh1.tion.. 7. An examination of the draft will convince every member around this table that the African states have not asked for any extraordinary measures. The draft resolution is. ~o put it mildly. a milddraft resolution; in facto it constitutes the minimum which the African states are putting forward for now. We realize that Portugal is aNATOmember.Butbecauseofthis. those whom we deem to be our friends should not fail to do their duty. that is to cast their weight on the side of justice. 8. Here. with your permission. 1 would quote to the members of the Security Council the preamblè of the North Atlantic Treaty Organization:Y "The parties to this Treaty reaffirm their faith in the Purposes and Principles of the United Nations and their desire to live in peace with aIl peoples and aIl Governments. "They are determined to safeguard theirfreedom, common heritage and civilization, founded on the principles of democracy, individualliberty and the rule of law. "They seek to promote stability and well-being in the North Atlf"utic area•. "They are resolved to unite their efforts for collective ' defence for the preservation of peace and security. ' "They therefore agree ta this North Atlantic Treaty." 9. Referring to this. the President ofGhana. speaking in the National Assembly in Accra. said this: IiBut Angola. in the South Atlantic. and Mozambique are no part of NortI: .ülanticdefence. ThePortuguese in Africa are not defending the freedom, heritage or civilization of the African people. They observe no principle of democracy. no individuallibertynorthe rule of law. In its conduct in Africa Portugal acts continuously in defiance of the Purposes and Principles of the United Nations. Yet the truth is that NATO weapons and NATO support aloneenablePortugal to survive as a colonial Power in Africa even today." 10. 1 have addressed this preamble to theCouncil to bring home forc::efully that the Africal\States. in this draft resolution. arenot doing anything out of the 'book. ?:I Signed at Washington, April 4, 1949. See United Nations, Treat;y Series, vol. 34, 1949, 1. No. 541. -- 11. In the operative paragraphs, aIl that the African Ministers have asked us to put forward is to urge the Council to confirm a resolution passed by the General Assembly, resolution 1514 (XV), which was overwhelmingly passed with only afew-veryfew-dissenting voices. The Foreign Ministers want the Councilto decide that the policies of Portugal in claimingthat the territories are "overseas territoriesIl are not in consonance with the facts-and 1thinkthateveryone around this table has already' agreed to this, either in the General Assembly or in this Council, and we are merely asking the Council to put that categorically. Many have spoken of the attitude of the Portuguese Government in the General Assembly andhere, several ti,mes, and we are asking onlythat the condemnation of tl\at attitude be placed on record. 12. In operative paragraph 4, aIl that the African States, through their Foreign Ministers, are asking is that this Council determine that the situation in the territories under Portuguese administration is seriously endangering peace a!ld security in Africa~ Evidence has been adquately produced by the Foreign Ministers. Reference was made, for example, to five shiploads of troops on their way to Guinea, and there is evidence that even today there is a shooting war going on in Angola. If this is not seriously endangering peace and security in Africa, then what is? 13. Then the Foreign Ministers, in a very mild way, are asking the Council to askfor the immediate implementation of resolution 1807 (XVII) of the General Assembly of which 1 have alréady read out the relevant portions. 14. Is there anything wrong in asking for self-determination for the African peoples in Angola, Mozambique, Cabinda and Guinea? Is there anything wrongin asking for a political amnesty for these people, for the political combatants in Angola and Mozambique, Cabinda and Guinea? Is there anything wrong in asking that there be negotiations, on the basis of recognition of the right to self-determination, with the authorized representatives of the political parties, who, after all, are caught in the present conflict? Is there anything wrong in asking that the CouncUdemandthe immediate implenientation of the granting (ilindependence to these 16. A~l that we have done is ask that this issue be kept alive. We feel that we have not asked for extra... ordinary measures today. We have Îlot asked for expulsion. We have not even invoked sanctions. We have not asked for suspension. The Foreign Ministers, sensitive to opinion which they value very bighly. expressed through consultations, have deemed it fit to put forth this minimum draft resolution. They are asking the Secretary-General, in paragraph 7, toensure that this draft resolution is implemented, and to furnish every available assistance to the Portuguese Governmellt. 1 am sure that they will need assistance. 17. Here we 1.'.ave a man of integrity, a man who has proved. throughout the few years he has been Secre'" tary-General that he can in fact be very useful in '9asmg tensions, in helping resolve difficult and intractable problems. Here the Foreign Ministers al'e asking the Secretary-General, U Thant, to furnish every assistance to the Portuguese Government. This assistance can take many forms. It can take the form of consultations by him with the Portuguese Government. It can take the form of bis sending someone tù talk with the Portuguese as to the ways and means of implementing the draft resolution, especially the part affecting self-dete:rmination. lS. We have asked the Secretary-General to report to the Security Council by 30 September 1963. The General Assembly is bound to be discussing problems affecting Africa. Is it wrong to ask that an Interim report be sent to the Council so that we can study the situation on the basis of whatever report the Secretary-General puts forward? 19. May 1 say that we are not expecting that Portugal would immediately-tomorrow-implement everything in the draft resolution. AlI tha.t we are asking is that there should be a positive step forward, sorne demonstration of good faith. If this is not done, it will put the African states in a very diffieult position, and the patience which we have so far exhibited can no longer be the same. 20. In conclusion, may 1 say that Africa is wa~ching. Our Headsof State were not jokingwhenthey said that they wculd like to see who Africa's friends a.re. We feel that the conflicts in Angola, Mozambique, Guinea and Cabinda snould be exorcised. Radical surgery is 21. We want the Security Council ta embrace this draft resolution which is bound to do good. We who live in Africa know the dangers which at the .moment are prevailing on the Continent. There is an attempt by the white settlers in Southern Rhodesia, Angola and in South Africa to set up an "Australafrica". A plan is afoot-we know this-to establish a kind of Mason- Dixon Line, whereby they can forcibly divide Africa in two, with some whit0 settlers somewhere in the south and the Africans in the north. These are the dangers which the Council must take note of. 22. The draft resolution is very innocuous. In time the Foreign Ministers will take the floor to explain it further. But l have done the duty assigned to me and l would ask the Council ta examine it carefully. l especially ask our friends from Europe to weigh their friendship with Africa and with Portugal very carefully. We are not saying that by their support of this draft resolution they will cease tobefriends of Portugal; if they fail to support this innocuous draft resolution, we shall weigh our position vis-à-vis our relations with Europe. 23. Ml'. NIELSEN (Norway): The Security Council is dealing with the situation in the territories .under Portuguese administration at the request ofthirty-two African Member States. The conference of African Heads of State in Addis AbabaY decided that cabinet ministers from four African countries should appear before the Council as special representatives of the African States. The Norwegian delegation is fully cognizant of the fact that this decision emphasizes the deep anxiety which the African nations feel with regard to the situation in the territories under Portuguese administration, and the strong desire that the peoples of these territories should also be enabled to enjoy their right to self..,.detel'mination without delay, 24. The serious but temperate interventions we have heard from the Foreign Ministers of LibGria, Tunisia and Sierra Leone, and the Minister of Finance of Madagascar al! depicted a situation which, in their view, was nearing a crisis that might endanger international peace and security not only in the area, but also in the world at large, They reiterated that aIl the United Nationsrecommendations and an the efforts at persuasion directed towards Portugal had been to no avail, andtheyindicated that the independent Afri':Jan States would not tolerate the Portuguese intransigence very much longer. The Foreign Ministers underlined the need for effective action by the Security Council. 25. The Norwegian delegation andtheNorwegianpeopIe understand their anxietyand their feeling of the need for an early remedy, and we share these sentiments. The Foreign Minister of Norway, speaking in 1/Summit .Conference of Independent African States, held ai, Addis Ababa, May ?2-25. 1963. 26. It is the conviction of the Norwegian Government that aIl peoples ofthe world have the right to determine by themselves. according to recognized democratic procedures, their own future. They should be allowed to express their own will in aIl matters concerning self-government and independence. We do not recognize that any State is entitled to limit or curtail these rights. and we are convinced that any attempt to repress these rights will in the end inevitably fail. 27. We have all witnessed the great lùstorical development of the recent years. during which a large number of countries haverisenfromnon-self-govern- , ing status to full independence and nationhood. During bis intervention last Wednesday [lü42nd meeting] the representative of Ghana stated that whereas in,1958 only eight independent African nations mei in conference' at Accra. the number of African Heads of State and Government meeting at the Summit Conference in Addis Ababa this year had swelled to tlùrty··two. Yet there ar-e unfortunately still areas in Africa which are under foreign administration. It is natural thatthe independent African States, who are primarily concerned, are deeply preoccupied bythe need to fulfil the aspirations of the peoples in these areas for national self-expression. We believe that the Addis Ababaconference .marked a turIÙng-point in the attitude of the African States tov:qrds the question of liberationof the remaining dependenL countries. 28. The Norwegian Government shares the view that the process of liberating Africa must be brought to a successful conclusion. The Norwegian Government has consistently supported the efforts inside the United Nations to channel the wave of emancipation into a peaceful evolution. The Norwegian delegation believes that tlùs Organization should spare no effort to help bring the remaining dependent peoples to self-government and independence without heedless build-up of tension, local disturbances or fear of international friction at large. For tlùs _reason also, we welqome the .tact that the African States once more have turned to the UIÙted Nations rather than resortingto unilateral action. ' 29. The Norwegian Government cannot accept the Portuguese thesis that the territories under her administration areoverséas provinces of Portugal. The bistorical development and the sociological set-upin theareas do not b~ar out these theses. The Norwegiail Government 'maintaiIis, and has made known bn various occasions previously in the United Nations. that these area~ are Non-Self-Governing Territories within the p~view of C,hapter XI .Qf the Charter. We feel that .1/àfficial Records of th~ 'Gener~l Assembly, Seventeenth Session, Plenary Meetings, 1126ih meeting, para. 54. .' . . ' ', 30. Furthermore, we feel that the time has come for the Security COlll1cil to affirm unequivocally that the peoples of the portugtleSe territories shouldbe enabled to enjoy their right to self-determination and that the COlll1cil shouldformally call upon POl'tugal to recognize this right and to prepare for its free exercise. 31. In his intervention in the Security COlll1cil on Wednesday [1042nd meeting], the Foreign Minister of Portugal gave an outline of the Portuguese administrative efforts in the territories during recentyears, and informed the COlll1cil of the governmental measures which were taken and envisaged. My delegation feels that the members of the COlll1cil are not called upon to discuss the extent to which the internaI administration of the territories is efficient or not. Our tasle is to detel'mine the rights of the African peoples lll1der Portuguese ~dnùnistration, and to suggest ways and means so that they may attain these rights. 32. The Noi'Wegian delegation recognizes, however, that with the limited resources at her disposaI, Portugal may experience real difficulties if ail the territories lll1der her administration opted for independence. We believe that portugal's friends amongst the industrialized nations may have a very important l'ole. to play in assisting portugal in the process of adjustment which in our mind no doubt lies abe.ad. 33. It has been stated repeatedly in this COlll1cil that Portugal has not heeded the resolutions passed by the Security COlll1cil and by the General Assembly. It has also been maintained that the efforts at persuasion have so far been to little avail. It is a matter of deep regret to the Norwegian delegation that such is the case. 34. We feel, however, that the possibility to influence Portugal by persull.sion and recommendations still exists, and we are of the opinion that the United Nations and the individual Member States shouldexplore every opportlll1ity to reach Portugal through such means. we have the hope that the portuguese Government will recognize the inevitable historical trend, and take the necessary steps to remedy the situation before it erupts into an upheaval which may have lll1- foreseeable consequences. We share the sentiments expressed in such a serious and noble way by the representative of Brazil during his intervention inthe COlll1cil on Wednesday, when he stated: "Brazil does not lose hope that Portugal will act in a radicaily new and highly constructive manner in the matter, I:I.nd places here and now at the disposaI of this hope the services of its diplomacy." [1043rd meeting, para. 17.] 35. We hope that our sincere appeal to the portuguese Government will be lll1derstood, coming as it does from a cOlll1try whîch co-operates with portugal in various international organs thathave been established 37. 'l'he portuguese territories are located in an area ofAfricawhere there are many unsolvedproblems whose settlement will require careful consideration and great restraint. It seems to us that it is particularly in the intei'est of the neighbouring States that the transformation of the portuguese territories should take place in a peaceful manner withôùt resort to coercive measures. We therefore think that the Security Council should act with due caution and concentrate on such measures of a constructive nature as can be implemented in practice at the present time. But we also think it prudent for the Council to take cognizance of the likelihood of the further aggravation of the situation li developments in the area do not now take a radi.cally new and positive course. '38. The African Ministers who have appeared before the Council have been seriously preoccupied with the presence of modern arms in the portuguese territories in Africa. We share their anxiety. We would suggcst. therefore. that the Security Council make a strong plea to all concerned to ensure that any arms or military equipment delivered to Portugal shall not be used in its ove:rseas territories. We think thatthe problem of ensuring that weapons delivered to Portugal do not reach the African territories is a practical matter which it should be possible to solve. We would like to mention in this context that Norway long ago ceased delivering any kind of arms to portugal. Nevertheless. we cannot favour a decision which would bar Portugal from a supply of weapons for its own legitimate defensive needs in Europe. Our preoccupation i",l this Council should be to ensure that new supplies of arms and military equipment for use againsttheAfricanpopulation do not reach the Portuguese territories. 39. To us. the most important task of the Council now is. however, to establish unequivocally that the right to self-determination applies fully also to the peoples of the territories under portugueœ administration. In our view, the Council may also very well find it desirable to designate a respectedpersonor persons with a mandate to visit the territories andrender assistance and advic6 regarding a rapid. butorderly andpeaceful. application of the right to self-deterrrJ.nation. We be- Heve that it· ought to be possible to work out satisfactory terms of reference for such a mission. 40. The measures suggested here by the Norwegian delegation are presented in the hope that they may be of assistance in arriving at a co-ordinated effort by this Council to reach a practical solution witlùn the 4:3. My delegation has never had any doubt as to the true status of these territoriesj l might add,however, that the resolutions 1541 (XV) and 1542 (XV) adopted by the General Assembly, on the pri1;lciples by which a territory could be defined as non-self-governing and on the inclusion in that category of the territories undèr portuguese administration dispelled any doubt that might.have existed on the question and brought those territories once and for aH within the purview of the Declaration on the granting of indepencence to colonial cou11tries andpeoples,1514 (XV) of the General Assembly. and Venezuelà voted in favour of aU those resolutions. Therefore, it ls clear that my delegation does not share portugal's view that those territories form an integral part of its national territory. 44. Furthermore, it is obvious that the dependent statusimposedupon those territories, or rather Portugal's reluctance to initiate the process of decolonization there, is causing definite unrest in Africa and spurriIig on the countries of that continent in the struggle they have undertaken to achieve complete independence for those territories. Whether we refer to this unrest as a situation which might lead to international friction, in the terms of Article 34 of the Charter, or as a threat ta the peace or breach of the peace, in accordance with Article 39 of the Charter, it is quite clear that in either case the Security Counci! is competent to take up the matter. 46. On previous occasions, for the most part in the Special Comnùttee on the Situation with regard to the Implementation of the Declaration on the Grailting of Independence to Colonial Countries and Peoples, Venezuela has stated its view that independence œ""lt he achieved, in accordance with the spiritofthe United Nations Charter, throug~what has been called peàcefuI evolution, without undue haste which might jeopardize a territory's future welfare and stability, but also without delays that might unjustifiablyretard the attainment of this inalienable right. It is logical for countries which, like mine, have been rent by bloody struggles for liberation to advocate accession to independence by peaceful means. We have also said that each territory has its individual features which must he taken into account when the time comes to decide upon the measures to he taken so that it may achieve independence under the mostfavourableconditions and at the earliest possible date. We cannot fail to note that this position has been borne out hY the co-opera.- tion given by the administering Powers, though at times with some reluctance, but such has not been the case with Portugal. Nevertheless, we believe that. in this same spirit, we could continue to explore the possihilities offered by the least drastic measures, provided that they may leadto the initiationof the process of indepenejence for the territories under Portuguese administration. 47. We hope that portugalwillrealizethatitsposition is untenable, because it l'uns counter to the spirit of the Charter, ta explicit resolutions of the United Na- tions approved by an overwhelming majority of votes and, what is more important, to the times in which we live. We are sure that Portugal will caU to mind that these are distinguished Members of this Organization which were, or still are, administering Powers and which now, owing to their co-operation and under- standing, enjoy the same respect. the same considera- tion. and greater esteem from all ofus,in spite of the difficulties which had to be overcome and which, at times, seemed insurmountable. 48. We fully appreciate the importance ofdetermining whether the situation before us comes under Chapter VI 49. My delegation will state its position at a later stage concerning the draft resolution just presented by the representative of Ghana and any other draft resolutions which may be submittedfor our considera- tion.
fi
The President unattributed #120017
The Foreign Minister of Portugal has asked to make a statement.
It is a very brief statement. Mr. President. 1 merely wish to answer a few questions which were put to me by the Minister of Foreign Affairs of Tunisia. You may recaU that the day before yesterday he put to me three questions. The first relates to Article 25 of the Charter. He asked: Does the Portuguese Government consider itself bound by Article 25 of the United Nations Charter? Here is my answer. 52. When a country-any country-is admitted to the United Nations. itpledges to subscribe to the provisions of the Charter. both in their ethics or their spirit and in their letter. we have. of course. taken the same position and therefore we have accepted ail the provisions of the Charter in their entirety. It is. therefore, next to impossible to say that, all Articles being equal, some Articles are to be more respected than others. 1 fail to see any reason why Article 25 should be singled out; conceivably, a declaration of'special acceptancie or respect for Article 25 could be construed as casting doubts on the degree of respect for the other provisions. 53. But Mr. Slim did put the question to me. Some reflection and a little research atonce showedme that such a question is not harmless. nor casual. nor innocuous. Important debates have taken place in respect of Article 25. 1 am not going at the inoment inta them. 1 shall only select three opinions on the meaningand scope of Article 25. In volume n page 39 of the Repertory of Practice of United Nations Organs.&1 we firrd the following:&! "The Security Council has on no occasion found it necessary ta define the scope of the obligation incurred by Members of the United Nations under Article 25, nor has it expressly indicated on any occasion that aparticular decision should or should not beconsidered as falling within the provision of that Article." The same opinion was again expressed in volU!lle 1 of supplement No. 1 ta the Repertory, on page 257.V ~ Uni~ed Nations publîcation. Sales No: 55.V.2 (Vol, Il). !:i/ Text quoted in French by the speaker. Z! United Nations publication. Sales No: 57.V.4 (Supp. 1) (Vol. 1). 55. The third opinion 1 find interesting and useful ta quote is that firmly expressed by the delegation of the Soviet Union. Speaking -for the Security Council, at the 664th meeting, the representative of the Soviet Union, commenting on the binding nature ofArticle 25, stated that it could not be soregardedin all conditions and that he hadreachedthe conclusion thatthey-!lthey" means the sponsors of the draft resolution then under discussion-were disregarding the impossibility of settling international problems by the methods of imposing upon one of the parties a decision which, moreover, has beenstatedbythatpartyta be absolutely unacceptable from the outset. "56. 1 would therefore say that the opinions 1 have quoted answer the question of the Minister of Foreign Affairs of Tunisia. In so far as we are concerned, we accept Article 25 of the Charter in the sarne way as the other 'provisions of that document, taking into account the practice, jurisprudence and doctrinal interpretation of that Article. And 1 would add' one further' remark. When tne Indian Union committed a still unpuni!3hed act of aggression against Goa, the Indian representative, speaking before this Council, 3tated that law or no law, Charter or no Charter, with the Council or against the Council, his Governnient would go ahead withthe aggression justthe same. The Tunisian Government publicly and officially supported the Indian Union onthat. Myquestion to Ml'. Slim is: Does he grant to the Portuguese Government, in matters pertaining to respect for the Charter and the Council, the same right as wasgrantedby his Government to the Indian Government, or not? This question does not imply ar.y ulterior motives on our part; it is merely a point of principle. 57. The second question raised by the Minister of Foreign Affairs of Tunisia is. the following: Do we accept, and what steps have we taken in respect of, resolution 1603 (XV), reaffirme,d by the Security Council on 9 June 1961? Here is my answer: 58. We stated at the time thatthere were no "repressive measures li , that we took measures of self-defence against the invading groups of terrorists and for the protection of those who had escaped the nmrdering and slaughtering; that we thenrestored law andorderwhich seems to he a primary responsibility of any Government. As for the facilities whichwe were called upon to extend to the Sub-Committee of Five,21 what happened is weIl known. We could not accepttlie mandate of the Sub-Committee nor tlie principles guiding it; but we found a procedure which enabled us to coy Le1and Mo Goodrich and EdwardHarnbro~ Charter of 'the United Nations-Commentary and Documents, Boston, Wor1dPeace Foundation, 1949. second edition, page 209. 21 Sub-CoriJmittee on the Situation in Angola. 59. Now for MI'. Slim's last question: Does the Portuguese Government consider itself to be bound by any resolution às an outcome of the present debate? Now, this seems to me a mostextraordinary question; it does not seem to be a fair or reasonable question. 1 never heard that it should be 'considered possible to ask any Member State to sigp. a blank cheque. 1 am afraid that on this point 1 can go no further ~ 60. As you will have noticed, 1 have confined myself to the answers to the questions put to me by the Foreign Minister of Tunisia. However, other statements havebeen made here inthe meantime, and other statements will be made. 1 hope that my delegation will pe giv~n an opportunity to comment upon these statements and tocomment upon the draft resolution which has been submitted, and 1 will therefore seek your permission to make a further declaration in due course, MI'. President.
The President unattributed #120023
Inow give the floor to the Secretary of State of Liberia, who wishes to exercise his right of reply.. 62. MI'. GRIMES (Liberia): Before speaking about the problem with which this Council is now seized my colleagues and 1 would like to extend our heartfelt congratulations to the Governments of the Union of Soviet Socialist Republics, the United Kingdom and the United States for the conclusion of a partial nuclear test-ban treaty. We in Africa have frequently voicedour unqualified opposition to the continuationof nuclear tests and we are indeed gratified at this essential first step,. although we would have hoped to see the complete abolition of nuclear tests. This step taken in ijle interests of humanity by these three nuclear Powers can be an opening for the adjustment of many other outstanding East-West issues. We pray not onlythat other countries will adhere to thïs partial test-ban treaty, but also that statesmen in these coun..· tries will use the new atmosphere to further attempts 63. In the course of ms statement before the Security Council on 24 July [1042nd meeting], the Jroreign Minister of portugal. who happens accidentally ta sit on my left. took occasion to refer tothe remarks that 1 had the hcinour to address to the Council on 22 July [1040th meeting]. on the question of the territories under Portuguese administration. We had hoped that the distinguished Minister would have declared ms Government's willingness as a Member of the United Nations to fulfil in good faith Portugal's obligation to acêept the principles of self-determination in regard to the Portugu(jlse colonies. Unfortunately. ms dissertation added nothing new, and 1 dei not propose to answeI' ms statement in detail but shaU r.efer to some things in ms speech. 64. He mentioned the reference 1 made to Article 73. Chapter XI of thé Charter and endeavoured to imply that our presentationof this case rested on thi.s Article. In raising before the Council the applicability ofArticle 73 to the territol'ies under Portuguese administration. wedesired to bring to the attention of the Council the determination by the General Assembly inresolu- . tion 1542 (XV) that these territories are Non-Self- Governing Territories witmnthe meaningof Chapter XI of the Charter. and that since this is so. Portugal has the responsibi:lity· of internàtional accountability for them to the United Nations. 65. It would appear that the Foreign MinisterofPortugal needs to be apprised of the obligations set out under Article 73 of the Charter, which do caU for international accountability for Non-Self-Governing Territories, inasmuch as the General Assembly.Dy resolution 1542 (XV) denominatedthe territories under Portuguese administration as Non-Self-Governing Territories. and Chapter XI, which deals with Non- Self-Governing Territories requires Administering Members to develop self-government in such Territories. Portugal's obligations under the Charter are inescapable as long as the principle has not been applied to its dependent terri~ories. 66. It cannot be denied that the oppressive and repressive measures undertaken by Portugal in the territories under its administration are the outgrowth of Portugal 's refusaI to recognize those territories as non-self-governing and to apply the terms of the General Assembly resolution 1514 (XV) to grant to the inhabitants ofthose areas immediate independence. 67. The basic cause then of the situation prevailing in the territories under Portuguese administration is the denial of the application of Article 73 by Portugal to these territories and the absence of any peaceful means by which nationalists in the territories can get redress for legitimate grievances. Our.reference to this Article under Chapter XI of the Chàrter and our presentation certainly underscore this facto otuguese territories and the acceleration thereof is now imperative for the successfulpolitical, economic and .social advancement'Of aU inhabitants under Portuguese administration-advancement, in brief, towards full self-determination. 0 "The practical difficulties facing Portugal in the immediate future 0are formidable. If the people of Angola are not given reason to believe that they,- too, may hope to participate in determining their own future, the tension which exIsts today will grow and may well result in disorders which willindeed pose a threat to international peace and security,," [946th meeting, paras. 106 and 107.l This statement of the United States Permanent Representative regarding the right of self-.ietermination .9f the peoples of A..ngola could only have been made in the context of Chapter XI of the Charter and the resolutions o~ the General Assembly concerning the Portuguese, territories of Angola, which all relate to the status of these territories as non-self-governing. 69. My colleagues and 1 were disappointed at not being able to detect in the statement of the Foreign Ministèr of Portugal any reference to the recognition by his Government of the right of self-determination and independence of the territories under Portuguese administration. 70. The persistenoe of the Government of Portugal in its contention that the resolutions of the G\~neral Assembly deélaring the territories under its administration, to he non-self-governing are illegal for which reason this Member :nation has failed to implement them, is yet another grim and sorry spectable, of thé United Nations bein~~ faced with Portugal's arrogance 0 and flagrant def:iance of the will of the international community. 1 am constrained to say that the prolongation of this senseless effort by Portugal to continue to refuse to recognize the right of selfdetermination and independence of the inhabitants in 'the territories under its administration is indeed a vain pursuit, and this, 1 trust, the Foreign Minister should, in the hest interest of Portugal, recognize. 71. Coming to the matter ofthe charge bythe Foreign Minister that 1 failed to mention the source of the 'l'enorts thatthe Government of Liberia received rega~(ling the situation in Angola which caused the Liberian Government to initiate the proceedings in the Security Council on this matter, 1 can only refer him to the records of the Security Council meetings of March and June 1961, where he. will find ample information. These reports were, moreover, considered autho'ritative and authentic by boththe General Assembly and the Security Council, andpositive action was takèn in calling upon Portugal to desist forthwith from its repressive measures against the people of Angola. No further proof is necessary of Portugal's wanton and deliberate acts of trying to decimate the peoples of Angola, whose only de'sire is to achieve the right of self"determimition and independence as called 73. In General Assembly resolution 1603 (XV) of 20 April 1961, the view is expressed that the failure of Portugal to act speedily; effectively and in time to ameliorate the disabilities of the Mrican people of Angola was likely toendanger international peace and security. It was inthis light ofthe continued deterioration of the situation that the Security Council, in its resolution of 9 June 1961, expressed the conviction that the continuànce of the situation was an actual and potential ca-.lse of international friction and was likely to endanger the maintenance· of international peace and security. These were the decisions of the General Assembly and the Security Council. 74. Our Headsof State have considered that the continuing deteriorating and worsening situation from 1961 ta· now are serious threats to thepeace in Mrica. Since 1961 the Government of Portugal has made no effort ta ameliorate speedily and effectively the disabilities along the lines set forth in the General Assembly and Security Council resolutions. It was the expressed feeling of most Member Governments that the violation of human rights and the continued repression, despite the recommendations of the United Nations, might arouse popular feelings in other nations, particularly the people in the neighbouring countries, who are, as we know, bound by kinship to the people of Angola. 75. As regards the matter of "a state of war", it is now common knowledge even to the Government of Portugal tliat just within a week five shiploads of Pbrtuguese troops sailed for Guinea. Burely these troops have not gone on an excursion. Eventhe Portuguese authorities in Lis'bon have been compelled ta report on this state of affairs prevailing inquinea. 76~ The l\ÏIinister of Foreign Aifàirs wondered why our Mrican Heads of State had chosen to place their trust in the reports of the Sub-Committee on Angola whose integrity Portugal. had questioned. The l'eason is not difficult to explain. Itwas the General Assembly and. the Security Council wbich established these bodies. The United Nations Charter, to which all of us are bound, has set up the criteria under which we aIl subscribed and pledged to sUPPQrt andco-operatewith bodies it may estaplish. No Member of the United Nations, no matter how small or howlarge, should arrogate to itself the determination of what rule it shall or shall not obey. It·is this deliberate policy of failing to respect our pledges and commitments as Members of the United Nations which indicates contemptfor United Nations actions, and we call upon the Security Council 78. Regarding the possibility of neo-colonialism in Africa. to which the Foreign Minister of Portugal referred, 1 would hasten to assure him that we in Africa are constantly on our guard against neocolonialism raising its ugly head in our continent. Certainly in an atmosphere offreecl.om, human dignity, independence and mutual respect in every corner of Africa. neo-colonialism would never be able to establish itself. If Portugal's fears have been aroused that neo-colpnialism is appearingon the continentofAfrica. it cau assist its eradication by hasteningthe liberation of its colonies. 79. Let me restate briefly the ~ain points which we have made in this Council. 80. First, Article 73 of the Charter requires international accountability for Non-Self-Governing Territories hi administering Po~ers. Portugal has failed to adhere to this principle of the Charter and has ignored and defied United Nations resolutions' in pursuance of this principle. 81. Secondly, Portugal has taken repressive measures against the inhabita.'lts of its colonies in Africa and. hl' its refusaI to recognize the right to self-determination in these areas, a situationexists in Africa which threatens peace and security in the region. 82. My colleagues and 1 thanlt the FOreign Ministerof :portugal for his personal invitation to us to visit Angola and Mozambique. 1 am sure thatthe Foreign Minister realizes that none of us is free to accept a persOnal invitation, but we shaH refer it to our respective GoverllInents an(i to all the other African Governments wh.ose agents we are. We think, however. that the Foreign Minlster would hav~ demonstrated the good faithof the Portuguese Government if he had invite(i tlle Seeurity CouDeU, which is seized of this 83. Mr. President, members of the Security Council, you will forgive fne for having spoken again on this matter of grave importance to the peace and seCUI'ity of Africa. l have done sO notonlyto exercise my right of reply, but also to stress the importance of the need for the Security Council to take positive action so as to Elnsure a peaceful solution to this problem. 84. That the independence of the territories inAfrica under Portuguese administration wiU be achieved is a foregone conclusion. Nothing can stop the irresistible force which has opened up the flood-gates ofindependence on the African continent. Neither can Portugal stop the waves of independence which are alreacty beating on the shores on those territories under its administration. 85. Your responsibility then, gentlemen, is to see that a peaceful change Is brought about. If, by yoar action in failing to adopt the draft resolution which was introduced by the representative of Ghana in such clear and unamiJiguous language, violent action shoulà be undertaken to secure for the people of the territories their freedom and independence, history will mark you as having abdicated your clear responsibility to take that action necessary for .the maintenance of peace and security in Africa and in the world. 86. We therefore calI upon you to 6i.ve your support to this draft resolution, a draft resolution which caUs upon the Portuguese Governmentto recognize the right of the African people of the territory to self-determination and independence, and to support a limited embargo on the sale and supply of arms which could be used for the suppression of the ju.st aspirations of the people of these territories. Th'a members of the Security Coancil are called upon to take these effective measures in this matter, not tl) temporize or to hope that this situation win cease to exist if nothing is done. We plead with you not to fail in the discharge of your serious responsibility. The meeting rose at 1.25 p.m. AFRICA/AFRIQUE CYPRUS/CHYPRE: PAN 10 Alexander the Great CZECHOSLOVAKIA/TCHÉCOSLOVAQUIE: ~RTlA LTD., 30.~ Sme~kàch, CESKOSLOVENSKY SplSOVATEL Nârodnl rrlda 9. Praha. DENMARK/DANEMARK: CAMEROON/CAMEROUN: LIBRAIRIE DU PEUPLE AFRICAIN la Gèrante. 8. P. 1197. Yaoundè. DIFFUSION INTERNATIONALE CAMEROUNAISE DU LIVRE ET DE LA PRESSE, S.angmellma. CONGO (LéoPOld.me): INSTITUT POLITIQUE CONGOLAIS, B. P. 2307, Léopoldv.lle.·· ETHIOPIA/ÉTHIOPIÈ: INTEI'NATIONAL PRESS AGENCY. P. O. Box 120, Addis Ababa. GHANA: UNIVERSITY BOOKSHOP Unl'verslty College of Ghana. Legon, Accra. KENYA: THE E.S.A. BOOKSHOp Box 30167. Nairobi. MOROCCO/MAROC: CENTRE DE DIFFUSION DOCUMENTAIRE DU B.E.p.l. 8. rue Michaux-Bellaire. 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UN Project. “S/PV.1044.” UN Project, https://un-project.org/meeting/S-PV-1044/. Accessed .