S/PV.1211 Security Council

In accordance with tbe previous decision taken by the C 1 propose t the representatives of , Portugal Congo (Brazzaville) to take places at the Council table. At fie invïfation ofthePresident. Mr. Diop (Sesegal), Mr. de Mi-a (Portugal) and Ah-. Mouama (Cmgo, Brassavilie) tcokplaces aP fbe Cou&l tabIe. 2. Tbe PRESIDENT: The Couucil Will now proceed with its consideration of the Senegalese complaint against Portugal. There are two aames on tbe list of speakers, but before callmg ou the first speaker 1 cal1 on the representative of Jordan, who wishes to make a short statement. 3. Mr. RIFA’P (Jordan): As a member of theSecuri@ CounoiP. 1 feel ébat I cannot overlook the fa& that at tbe ead of tbis morning’s meeting [1210th meeting], tbe representative of PortagaI made a discourteous remark to a permanent member of the Cou&l. 4. The representative of Portugal, who has been given the privilege by the Council of occupying a place at its table during the presentdiscussion. shouldbe more courteous to the members of the Council. I tberefore bope tbat he Will take my observation into accourt in his future statements during tne present debate. 6. 1 am perfectly sure that everyone understands that anyone who is invited to this table to participate inonrdiscussionsmustobservetbenecessa~courtesy and decorum. ‘7. 1 give the floor to the representative of Portugal.

My delegation holds that tbe representatives of all Member States are entitled to equal courtesy. 1 do not think that 1 wss any more dlscourteous to tbe representative of the Soviet Union than he was to me.

1 now cal1 on the first speaker on my list, the representative of Uruguay.

My delegation has given very careful tbought to the problem before the Council. We do not intend to deal at length wlth a11 the details involved. Tbese have already been discussed by prevlous speakers, including tbe two parties directly concerned. 11. Moreover, we believe tbat thls is not tbe most suitable place or time for a fac’mal investigation of events. many of wbich oocurred some time ago and complete material evldence of which could hardIy be produced now. 1 say tbis not only because the functions of thls Council are net, in fact, those of a judicial body, but because. as the representative of the United Kingdom rigbtly polnted out this morning, any Member State needs only to bring its complaint before us for it to be consideredmost carefully and thorougbly. whatever the facts may be. 12. Admittedly, it has been said that according to certain provisions of tbe United Nations Charter, it would be desirable to have recourse to other means of settlement before the Council exeroises its full powers. Witbout. of course, disputing the principle involved, my delegation is convinced that in some cases-and tbis would be one of themand for understandable reasons, the fullandautomatic application of a11 provisions of the Charter is not possible. particularly when one of the parties is not prepared, for reasons which are well lmown. to give its assent. 13. Accordingly and in vlew of the political and bistorical background to the events in question, my delegation believes that it is of the utmost importance for tbe Council to reaffirm the attitude it adoptsd on a previous occasion, witb the unanimous approval Of 15. Tbis situation contains another element. tbe importance of which my delegation does not wish to underestimate; in essence, it raises a question involving the rigbt of asylum. and particularly what has been termed territorial asylum. the granting of which. ever since the time of Grotius. has been considered by many to be an actual duty of States. Our countries of Latin America, whicb have a long tradition in these matters. must always favour. where there is a doubt, those solutions which glve the greatest weight to that right. 16. When it is alleged that frontiers have been violated in order to pursue refugees from one country seeking protection in another. not oaly may territorial integrity, which is a le@ possession, have been vlolated but inevitably the rigbt of asylum, wbich 1s a moral possession, wlll have been violated. 17. hiy delegation believes that the draft resolution submitted by the Ivory Coast. Jordan and Malaysia [S/6366] takes due account of the principles to which 1 have referred. Its wordlng shows a spirit of moderatien and understanding and we hope, in vlew of the assurances which have again been given by tbe representative of Portugal, that its adoption by the Council Will contribute effectively to the re-establishment of normal conditions. 18. My delegation wishes to state that. when the vote is taken, it Will vote for the original French aad Engiish texts and not for tbe Spaaish text wbicb. in its opinion, dces m,, perhaps because of insurmountable difficulties, give an accurate and faithful translation of the meaning and spirit of the original texts.

There are no other names on tbe Iist of speakers for this afternoon. Therefore, with the consent of the other members of the Council, 1 should like to make a statement as representative of MALAYSIA. 26. 1 listened with the greatest tare to the statements made by tbe represenative of Senegal when he presented his case against Portugal at tbe opening of 21. 1 also listened this morning to the statement of the representative of the Congo (Brazzaville), who presented the same problem in its wider aspect. 22. But the Portuguese answer is extremely simple. It is a complete denlal-wlth, of course, a certain amount of embroidery or argumentation by way of suggesting the absurdity of theseallegatlons. In&fect, the Portuguese answer involves the serious assertion that every single one of these incidents-whether the number was the ominous figure of thirteen, or was sixteen or seventeen-is a pure invention. 23. 1 realize that this is not a court of law, where the defender may be glven the benefit of the doubt because the allegations, each and every one of them, were net proved beyond a reasonable doubt. But, even though this is net a judicial proceeding, we bave to arrive at reasonable judgcments by what 1 may cal1 a quasi-judioial process. We may net dismiss the allegations because the quality and quantity of the proof in support of them are not such as would pass muster in a court of law. By the same token, we may net lay the blame at the opposite door merely because of a defective or inadequate presentation. 24. It is interesing to note that in April 1963, when a similar dispute between the same parties came before the Security Council, the pattern of presentation of the Portuguese case was identical: first, the Security Council has no competence; SeCOi& the allegations are totally and utterly rejected; third. an examination of their inherent merits-if any merit there cari be in trivial complaints Of no significance-only helps to demonstrate their inherent improbability. On the present occasion also, the Portuguese answer has taken that familiar course. 25. On the opening day of thisdebate, havingreferred to the document containing the complaint of Senegal “a monument of vagueness and imprecision” rT205th meeting, para. 351, the representative of Portugal did not feel at a11 deterred from making, at once, a reply which was anything but vague and anything but imprecise. This is what he said: “From my knowledge of the situation, 1 am in a position to tel1 the Council right away that Portugal rejects as completely baseless and unwarranted the allegations made by the Covernment of Senegal either in its letter contained in document S/6333 or in the statement just made by the representative of Senegal.” [1205th meeting. para. 37.) “Tbis is the reason wby I did nat reply to Mm at length immediately yesterday; for 1 thougbt it 27. IIe tben went on to refer to six additio violations. saying: 68 . . . none of tbese seems to bave been re tbe Govermnent of Senegal as si to be brought to the notice of tbe Security Couacil until the represeatative of Senegal tbougbt of alle tbem yesterday for the first tirne.” m.. para. 28. NO~. wbat is tbe Portuguese answer to tbose allegations, made for the first time the day before that answer is given? The representative of Portugal proceeds: “In spite of the very careful inquiries made by tbe Portuguese Government, we have been unable to find the sligbtest evhlence of tbese alleged violations, and vre are left to draw the unpleasant conclusion tbat recourse has been had to them solely in order to conjure up a case a@nst Portugal in tbis Courmil.” [m 29. What are tbese allegations tbat were made by Senegal, six of whicb were heardbythe represedative of Portugal only tbe previous afternoon? I sball quote from tbe statement made by tbe representative of Senegal at the 1205th meeting: “The twelftb violation resulted in the arrest of an intelligence agent named Sayé Diouha on 27 February 1965. The gendarmerie brigade commander had been infarmed that a Portuguese iatelli agent bad crossed tbe frontier andwas onSene@ese territory. Tbe gendarmerie commander arrested tbis Portuguese spy at the village of N%ord, and be was handed over to tbe civil autboritfes sud imprisoned. “The thirteentb violation occurred durfngtbe nigbt of 26 February to 1 March 1965, wben tbere was fighting between Portuguese soldiers andnationalists in the village of Mansacounda, whicb lies one hilometre from tbe frontiex of Portuguese Guinea. tbe battle some bullets atrucktbeSenegalese on the other side of the frontfer. Two ourteenth violation was the fligbt by a e aircraft, which. tumtely, has not tified, over the vi of Saré KO~& on 8 March 1965. “The fifteenth violation occurred at tbe viEage of Bambatodine. During the night of 11 to 12 ApriI 1965 a Portuguese patrol was found 1.2 kilometres inside the frontier. At 2.30 a.m. on 12 ApriI, the people of the villa were awakened by ShootIng. wblch caused flres ancl very serious damage to ty. Fourteen huts and nine barris NI of and rice were burned down and cattlebreeding animals-were kllled by stray bullets. Fifteen cartridge cases and one unspent FNM 7.6 mm cartridge were found at the place where the battle occurred. vThe sixteenth violation was an attack on the villa@ of Sambaloounda, 2 kilometres from the frontier. on 14 April 1965. At midnight on 14 April 109 Portuguese soldiers armed with and machine-guns suddenly entered the vi and attacked it. Some twenty-four cartridge and one machine-gun bullet were picked up near the spot. That night, after the attack. the Portuguese soldiers went lootlng. They ransackedprivate houses and shops and carried off booty worth approximately 487,750 francs. There was a general panic, and the inhabitants of the village had to Lave their homes. wFinalIy, the seventeenth violation occurred at the village of Bambato on 18.19 and 20 April1965, when armed Portuguese entered the village and forcinty-four Portuguese refugees who bad been livi in Senegalese territory since June 1964.” [1205th meeting, paras. 18-23.1 30. For the representative of Portugal to bave been able in the remarkably short space of time between 4.10 p.m. on Wednesday and 10.30 a.m. on Thursday to make Very carefuI inquiries” and find not the “slightest evidence” of the alleged violations that took place over a period of approximatelyeightweeks, between 27 February and 20 April-and tbese incidents took place along a border stretching over long kilometres of distance-he must bave accomplished a monumental featininvestigationalprocedures.whlch even in these days of ultra-rapid communications should stand out as an achievement of the first order, and 1 must compliment the representative of Portugal on this feat. 31. In short, in our judgement. this episode is alone sufficient to satisfy us tbat not much reliance cari be placed on the repeated denial and rejection of every single one of tbe slleged incidents, unless they are regarded-and representatives Will remember tbat each of them has beenprovldedwithnames, Urnes and places, togsther objective material evldenceas having been patiently and PainstakingIyputtogether and assembled for the sole purpose of throwlng dust in the eyes of the members of the Security Council 3 for the accreticn of ; anye tbat vilia in a * to be tbe tirne the details of tbat event reach tbe capital Of 34. It is clear from the statement of tbe representative of Portugal btmsetf tbat tension does extst abmg Mer. He attributes it to “tbe irregular armed wbich [Senegal] harbours iu own territory bicb a~ sent to attack peace populations in Portuguese Guinea. wbicb naturally and quite legitimately defend tbemselvesW Ll25Sth meeting,para. 321. Tbe representative of Portugal s on to say: n . . .it is a matter of common tbose armed gangs infiltrattng fro besn committing murder, loot and guese Guinea; it is a matter of common knondedge ‘effective’ aid it is a matter at least five 1 clmor, Kolda. Samine, Véltng beiag utilized eitber as operational bases or as medical aid centres by armed gangs raidmg Portuguese CWnea. New, when tbe Govermnent 0fSenegal practises or consents to such mantfest vtolations of international law and fails in its elementary daty to control its own frontiers, it lacks tbe moral autbority to complain against Portugal, even if its Complai&s were to be considered well founded. whicb tbey are net.” [mid.. para. 34.1 if 1 may emulate the expression used by tbe representative of Portugal, tbis 1s a classic case of the pot caUing the kette black. 32. MOtwitbStailCli the Portuguese representative’s protestations tbat cordial relations exist between the Portuguese autborities and the Senegalese psopleand. of co-urse. be cites the medical assistance frewently provided by bis Government for the stck and He goes on to emphasize tbat: . . . altbough armed raiders prooeedingfrom Seneconstantly attack Portupese Guinea, the Port~- se securityforces bave rigorous orders to respect the frontier of Senegal. and 1 cari assure the Counoil tbat tbese orders are being oheyed and Will be obeyed.” [I&i&. para. 36.1 Tbst is like pointiag to the penal laws of a State and on that basis alone making a claim that a11 crimes have been abolished in that St&?. This, 1 ventme to think, is anotber glorious example of non sequlttm. 36. On the other hand, tbe representative of Senegal complains-and the representative of the Ivory Coast supports hiM, as did the representative of Uruguay tbis afternoon-that nationalists from Portuguese Guinea, running away from repressioo and finding asylum , are tbe abject and the 0f Port itary incursions into Se purauit hat this is an atmosphere conflict and tension tend to thrlve and must continue to flourish, he wbo runs may read. 37. Those incidents-which perhaps are not of very great seriousness in international terms-are. forthe reason 1 have Just mentioned. net to be dismissed, d or laughed away. They must be regarded n truth and in fact they are: symptoms of a deep-rooted disaffection tbat the people of Portuese Guinea feel towards their colonial masters. It for ever important to remember tbis context, in judging these incidents which oceur. And when one also remembers that national sentiment for real freedom ami liberty is an undying flame deep down in a man’s heart, be he black or brown or white, it beboves every administration not to forget that it will only burn its fingers by attempting to quench that flame. 38. 1 do not wlsh to digress into the political facets of the Portuguese colonial problem. partlcularly in Africa. Portugal has protested often enough that its attitude to its subject peoples is altogether noble, creditable and commendable, and that it despairs of getting its point of view understood in Africa, and so on. We are aware that 50 many. many resolutlons d the General Assembly and the Security Comm11 bave gone, like a flood, over Portugal’s head: it claims to be undrenchcd and unmoved. 39. ‘In ils resolution 1542 (XV), the General AssembIy recognized that in the Portuguese territories the denial of the peoples’ right to self-determination nstitutes a threat to the well-being of humaniiy to international peace”, ancl in its resolution 1807 (XVII) it noted with deep concern Yhat the pulicy and acts of the Portuguese Government with regard to the Territories under its administration 41. I trust that Portugal Will read betimes the writing on th@ wall, and uot obstinately close its eyes and protest tbat it sees no writlug. On tbe stormy shores of a nationalistic sea, it sees itself sitting on a gilded throne on the brink of the waters, and, Canute the seas not touch its feet. If OnluP ake up and take note of the world =OUnd cannot but ses the dlsmantled debris of many an empire of yesterday. it Will learn tbat it too must corne to terms with the world of today. if it is to survive in bistory. The storied past may still retain its glory if-and only if- Portugal meets the future with courage and confidence and treats its peoples in Africa sud in Asia, whether they inbabit its Overseas provinces or its Overseas colonies. as tbe beneficiaries of a “sacred trust*. in the words of the Charter. to wbom it owes all tbe obligations spelled out tberein. But tbat is the ta& for tomorrow. 42. Today’s need is more urgent. The at of suspicion and strife does exist, and it o h& dissipated. Tbat cari be done only by sustained, patient effort. Portugal does net claim or seek to obtain an iuch of Senegalese territory. It protests that its attitude to tbe people of Senegal, who are essentially no different from its own people in Gulnea, is by uo means hostile. It claims that it is indeed anxious tbat ,its soldiery should net deliberately commit incursions into Senegal. Those are the assets tbat make for gcod will. onwhich Portugal must meaningfully and unceasingly build. so that it may continue to exist, for as long or as short a time as destiny has preordaiued for it. as Senegal’s gocd neighbour. That is what the draft resolution asks for-the more effective steps it must take before it cari get the world to believe in its good intentions and rely on its good faith as a Member of the United Nations, net merely claiming the rights but consciously remembering that it is committed to the obligations it has undertaking under the Charter. 43. Mr. USHER Qvory Coast) (translated from French): First of all, 1 should like to say that some changes have been made in the draft reso1ution.g 44. In French, operative paragraph 1 reads: “Doplore profondément toutes incursions de forces militaires portugaises sur le territoire sen6galais”. This text remains the sanie, but 1 think that the Endish translation of “toutes incursions” should be :any incursions”, rather than “a11 incursions”. 45. Operative paragraph 4 has been chanpd to read: ‘Requests the Secretary-General to follow the development of the situation”. Y A retised draft resoluth (S/KK%/Rev.l) incorporaUne these changes WBS subsnj”x~tly diatribufed. erefore IXepared VOFy Coast) @%m?dated from t like ta say that we tlo mot expmssed very cnear1p canmy hn Fsen&, we that it 5P1Ouk3 beused ents: a1teratims to tbe e it tbat tbose of us wbo bave tended to sead. ve 110 otber speakers. aad 1 proeowenience of tbe Council. tbat tomorrow afternoon, to continue of tbe question relating to the Domimicm Republic, we sbould first of a11 dispose 09 tbe psesent item: tbat is to say. we should meet ~QF the puyose of voting and hearing explauations of vête before OF after the voting. Tben. ai%er completi ‘bis work. we shall go on to deal with the Dom%nican Ilepublic, WI connexion witb whicb, as tbe Cou161 Will remember, we have invited two speakers to make statements to us tomorrow afternoon. It was so decided. The meeting. i-ose at 5.15 p.m. Litho in U.N. Pri=e: $V&O.50 (Or‘equiV&Xl~i~Otht?~