S/PV.44 Security Council

Before opening today's -discussion, 1should like e~pressthe regret and sympathy felt by the members of the Security Council, ànd by myself pamcular, now, that Ml'. Edward Stettinius is relinquishing the post of representative of United States of America. After a brilliant industrial career, in 1940, when the war had already broken out in Europe and was threatening the l'est of the world, Ml'. Stettinius placed bis services at the disposaI of the Government of bis country. Beginning as a member of·the Advisory Commission to the Council o 'Ibid., Annex .Ja. 1 Ibid., Annex lib. 'SeeOfficitJl Retords of the Security Council, Fiat Year, . First Series, Special Supplement. Revised Edition. After his appointment as Under-Secretary of State in October 1943, he replaced Mr. Cordell Hull as Secretary of State in 1944 and, in that position vitally affecting United States and wol'1d poliey, became the constant collaborator of the man whose magnificent action was to have a decisive influence on the destiny of the world: President Roosevelt. Devenu d'Etat remplacer d'Etat Etats-Unis ainsi l'homme une j'ai We in the United Nations should be particularly nùndful of the very important part played by Mr. Stettinius in the creation and in the early stages of development of the new international Organization. In October 1944 he played a decisive part in drafting the Dumbarton Oaks proposaIs, which are the foundation of the Charter now governing our Organization. 4t San Francisco it was he who a year ago presided over the process of transforming the Dumbarton Oaks proposals into a docum~nt in which the peoples of the whole world now place their hope: the Charter of the United Nations. 1 need hardly remind you that Mr. Stettinius' two fine addresses at San Francisco on 26 April and 28 May 1.945 contain material for thought on subjects which should be ever-present in the minds of those contributing to the work of the United Nations. A devons essentiel et dans internationale. part Dumbarton-Oaks, qui lui qui, la transformation des propositions Oaks du espoirs: de rappeler discours Francisco, sujets à l'esprit des Nations More recentIy wc have all been able to appreclate in the Security Council how great was his knowledge of internatiorial problems and how valuable for us and for the Council was bis participation in the difficult task· confronting us. Plus récemment, nous avons au sein connaissance l'intérêt nous laquelle Allow me to add a persona! note: AlI of us, and 1 in particu!ar, shallregret the absence not only of a' colleague at ti.e Council table but also of a man whose perfect courtesy and emotional and inteHectual quaIities have earned him the esteem of all who met hirn. Permettez-moi rapports tous et rai, non ! Conseil, toisie faire de le The letter in which Mr. Stettinius informed me of his resignation reads as follows: Voici Stettinius "1 camlGt leave the service of my Government without writing this persona! note to you as President of the Security Council. 1 want to tell you, first of all, how much 1 appr~ciated 1;he Opportunity to serve with you and your colleagues, and how warrnly 1 shall always cherish the many friendships 1 have found at the Council table. My regret that my resignation makes it necessary to interrupt this association is tempered bythe knowledge that my place can he taken now by so distinguished and able a deputy as Mr. Herschel V. Johnson, and later by my successor, the Honorable Warren R. Austin, who has always ~çen a leader in the United States Senate "Je Gouvernement personnelle Conseil d'abord, qui m'a collègues je témoignerai que j'ai que j'éprouve cette collaboration.est ma place pléant V. Johnson, "The United Nations - the A.ssembly, the Security Couneil, the Economie and Social Council, él.nd all other United Nations agencies - has brought the Member Nations together in constructive co-operation in every field of human endeavour in which they have a common interest. It is the greatest organized effort in history to establish a peaceful world in which aIl men may ulti.nately find the opportunity 'ta live out their lives in freedom from fear and want'. "As 1 become a private citizen again, my confidence is greater than ever that the United Nations, given the constant support and persistent effort of Governments and private citizens alike, cannot fail to realiz~ allthe hopes that have been placed upon it. For myself, 1 can only repeat to you the words of my letter of resignation to the' President that 'my iaith in the United Nations and my devotion to the cause it represents will always remain uppermost in my heart and mind'," Mr. Stettinius' seat will be occupied today by Mr. Herschel V. Johnson, whom 1 welcome to the Council table.. He is preceded by the reputation acquired in the countries where he has discharged bis duties, more recently in the Uniteq Kingdom and in Swede.n: that of a man of great talent and a diplomat of high standing. We are sure, and 1 in particular am convmced after my contacts with him, that .his participation in our work will be most fruitful. l should aIso like to welcome Mr. Evatt, Minister of' Extemal'.Affairs of Australia, who aIso took part from the very outset in the work which led to the creation and establishment of thé United Nations. 1 am convinced 1 am voicing my colleagues' views in saying that his presence among us is of good augury for the Security Council ata time when we are about to embark on a particularly delicate and difficult agenda.- Mr. JOHNSON (United States of America): On behalf of my distinguisheg friend and former chief, Mr. Stettinius, 1 should like ta thank the dent ainsi adresse. j'ai l'occasion travaux ganisation donné région guerre, était pratiquement de suffi nécessité tombes semblables. mesure conférences, Potsdam, Organisation. My faith in the United Nations is supreme and 1offer the President, and the other delegates, my coll.eagues, my full and loyal support, and 1 hope that 1 may be able to contribute something to our common labours to the same end. Unies sident, ainsi-qu'à mes la pouvoir travaux le même Mr: EVATT (Australia): 1 also desire to thank the President for his generous welcome to myse1f and to pay tribute to the work done on behalf of my eountry by those who have represented Australia on this Couftcil. 1 refer to Colonel Hodgson and Mr. Hasluck. Like the distinguished representative of the United States, 1 have complete confidence in the United Nations. That is, subjeet only to one condition, namely that at this critical moment, at this critical period in our bistory, all the instruments and organs of the United Nations face their tasks boldly and courageously. Subjeet to that, 1 believe we shall achieve great success. Je l'aimable hommage sentants Hodgson je l'Organisation condition: cette ganisation, abordent .courage crois Je pour prononcer Ithank the President most cordially for bis kind 'references to my work. 73. Adoption .of the agenda The PREsmENT (trilnslated trom French): 1 now put to the vote the adoption of the agenda, to which should be added three reports from the Secretary-General on the credentials of the representatives of the· United States, Poland and France. Le de rapports concernant les pouvoirs Unis, représentant 75. Report of the Chairman of the Com- mi"ee of Experts concerning. certain aspects of the poweR of iheSecretary- General A, the invitation of the President, M:r. Chate- net, Chairman of the Committee of EXpt'vts, took his place at the Couneil table. Mr. CHATENET (Chaùman of the Cammittee of Experts) (translated from French): The Committee of Experts has been engaged in the consideration of a certain number of questions concerning the powers of the Secretary-General in relation to the Security Council. These ques- tions may be brought under two headings: the submission of oral or written statements by the Secretary-General to the Security Council and the appointment of the Secretary-General as Rapporteur. As' regards the first point, the Committee of Experts based its consideration on similar pro- visions which might be contained in the provi- si~nal rules of procedure of the General Assembly or the provisional rùles of procedure of the Eco- nomic and Social Couneil. The Committee of Experts unanimously adopted the text of an addi- tionalrule to be incorporated in the provisional draft rules of procedure adppted by the Security Couneil at its forty-first and forty-second meet- ings held on 16 and 17 May 1946; this rule would bear ~e number 21 and would read as follows: "The Sécretary-General, or bis'deputy acting on bis behalf, may make either oral or written statements to the Security Council on any ques- tion under consideration by it." Hence by this text the Secretary-General is granted the power to make writtcnor oral state- mentS to the COQllcil concerningany question under consideration by it. As' the text says, the Committee of Experts was unanimously of the opinionthat this powershould be extended to the Secretary-General's deputy acting on bis behalf. The report mentions another .poil1î: more specifically. Mthough' the~ext asa.dopted does not refer to commissions, commi~ees,or other subsidiaryorgans of the Security Council, t.'J.e Committee of Experts was unanimously of the opinionthat theSecretary-General, or his deputy actingonlùs behalf, should have the same power. in r~la.tionto'these organsasin. relation to $e SecurityCouncjI. No special pr.ovision to this cffcct'Was d.ecidçd;upon'becau~e it wasconsidered und~ir,ablc to risk anticipating the qu~tion, which,might appearpreDlat1J1'c 4t thepres~t le déterminée." With these remarks and those contained in the cIraft repart circuIated to members of the Security Cauncil, 1 have the hanour, oh behalf of the Committee of Experts, to propase the texts Bub- mitted to you far your adoption. celles distribué que d'e.."'perts, .qui

1 thank Mr. Chatenet for his statement and, thraugh him, the membersof the Committee of Experts for the very usefuI work they are doing. 1 wouId draw the Security Council's attention ta the impartancé of the two articlessu'bmitted to it, since they govern the position of the Secretariat in the work of the United Nations. 'l'exposé qu'il vient de faire et remercie également, en sa personne, les membres pour d'effectuer. sécurité sur l'importance sont tariat des The two proposais wùe 'adopted and became ruZes 21 and 22, chapter V, of the provisional ruZes of procedure. 76. Continuation of the discussion on the Spanish,question . 76.

1 wouId remind the Security. Council that the Sub-CoInmittee instructed to investigate the Spanishquestion was set up under a Council resolution dated 29 April 1946, which reads as follows: sécurité sur suite 29 lecture: "The attention of the Security Council has been drawn tothe situation in Spain by a Member of the United Nations! acting in accordance with Ar.icle 35 of the Charter, and the Security Cauncil has been asked to' declare that this situation has led ta international friction and endangers internationaI peace and security. sur l'Organisation vertu de situation et inetrnationales. "Therefore the Security Council, keeping in mind the unanimous moral condemnation of the Franco regime in the Security Council, and the resolutionsconcerning Spain which_ were adopted at the United Nations Conference on , compte que Conseil qui 1 Première nexes This Sub-Committee has fulfilled the duties entrusted ta it by the Security Counci1. Mr. Evatt, Chairman of the Sub-Committee, will himself suhmit tlJ the Council the Sub-Committee's report and the conclusions it reached.Before calling on him ta speak, hope 1 may be permitted, particularly as was. not, except at rare intervals, personally associated with the Sub-Committee's work, thank him and members of the Sub-Committee for theexceptional quality of that work. particular 1 should like to thank Mr. Evatt for bis personal'contributionta the drafting the report and for the ve1"1 exact way in which the conc1usions are expressed. 1·should aIso Iik.e to pay tribute to the United. Nations Secretariat for their very competent assistance the preparation of the report. Mr; EVATT(Australia): As Chairman the Sub-Committee on this qu.estion, 1 wish ta pr{:Sent the report, to make sorne observatians upon it and to concludewith the propose~ resolution to the Security Council. The Sub- Cnnunittee's report and findingsare contained in two documents, referr{:d"'to.on the agenda as: S/75and Sl16,and as theyhave already been distributed ta my colleagues ori the Council there is therefore no occasion ta read them. The firstof these documents reviews work of the Sub-Committee, aIlalyses the prablemsbefore the Couneil .and .makes certain conclusions and recommendations. The" second docurpent contàinsasummary of the informationwhich was gathered by the Sub-Commïttee in the. course of it~ work. In addition, a great number ofclocuments were received by the Sub- Committee. fromMembers of the United Nationsand froni othersources, and they "have 'See Do.cume1'l4'ofthtUnited Nations Conference Internationa.l Organization,. Volume 6,. Commission "General Provisions, pages 124-136. 2See Ri!so{utions adopted by the General Assembly during the first part of its first s~ion, page 39. . In discharging its responsibility, the Sub- Committt" has made inquiries. It has analysed the information obtained from those inquiries; it has attempted to describe with aceuracy the nature of the present situap,on in Spain, and t~ indicate the practical measures whieh, in the light of that analysis and description, appear to be open to the Security Couilèil. And it is now for the Security Council to determinein accordance with its·resolution of 29 April and il! the light of.the Jacts now presented to it, what practical measu~es "ean and should be taken. ln making its studies, the Sub-Committee relied,in the first place, on Members of the United Nations to supply information in their possession. As a guide to them, the Sub-Committee drew up and circulated a statement containing nine headings under whicll it considered that informationwould 'hé useful to it in its work. In addition, the Sub-Committee addressed particular inquiries to Governments, when in ~he course of its work"it found that it required information on a specifie point. And from time to time it directed the members of the SeCTet;lriat who were assisting it to make rpecial sttIdies. 1 join with the President of the Council inthanking the Secretariat attached to the Security Coun~il. for their great assistar";e. 1 think it is absolutely correct to say that the .Sub-Committee worked objectively and in The General Assembly resolution aIso called on Members to act in accordance with these declarations. This can orny he interpreted, l ~ubniit, as a request that the Members of the United Nations, having already passed certain resolutions, should now do something positive about the matter. The major problem before the Security Council now is to decide what are. the practical meas· ures appropriate to the situation in Spain. The Sub-Committee -in examining the facts of the situation was concerned in assisting the Security Council to obtain a clearer picture of the situationin order that it niight decide on action. The conclusion reached by the Sub-Committee was that although the activities of the Franco regime do not constitute an existing threat to the peace, within the meaning of Article 39 of the Charter, nevertheless such activities do constitute a situation which is a potential menace to international peace and security, and which is therefore a situation the continuation of which is likely to endanger the maintenance of 'international peace and security within the meaning of Article 34. In short, the Sub-Committee based its findings upon Chapter VI of the Charter instead of Chapter VII. l aIso consider that the appropriate way in which the Secur~ty Council could rleal with such a situation would be to recommend appropriate procedures or methods of adjustment under Article 36, paragraph 1, which is aIso containëd in Chapter VI of the Charter. In accordance with these conclusions, the Sub-Committee therefore presents for consideration by the Security Council t.h.e positive recommendations contained in paragraph 31 of its report, together with a <:onsequential observation contained in paragraph 32. The first of these recommendations is that the Security Council should endorse the principles contained in the declaration by the United Kingdom, the United States of America and France, on 4 March last. Those principles are as follows: First, "so long as General Franco continues in :control of Spain, the Spanish people cannot anticipate full and cordial assoèiation with those nations of the worM --"i>ich have, by commOll effort, hrought defeat tu German Nazism and ItalianFascism"• sur Chapitre régler de et les méthodes à lequel Comité sécurité au l'observation dans le énoncés du et priricipes. sont les suivants: continue gnol diale leur nazisme Thirdly, essential features of such a change l'eferred to iu the declaration of the Three Powers are "political amnesty, retlun of exiled Spaniards, freedom of assembly and political association and provision for free public clections". And fourthly, interim Government . . . dedicated to.these ends should receive the recognition and support of all freedom-Ioving peopIes" including "full diplomatie relations and the taking of . . . practical measures to assist in the solution of Spain's econoroic problems". Thêseare theprincip!es of the decIaration ôf Mar<:h 4, 1946, wmch we suggest should be endorsed by the Security Coundl.. The next step is to "à.pply the prinâples of that declaration. What are the facts? :For more than a year past, the Members of the United Nations, eitherindividually or acting together, have made pronouncements in condemnation of the rcgime in Spain," and the sradies made by the Sub- Committee of this Council haveled to the concIusion that the situation is one the <:ontinuation of which is likely ta endanger the maintenance of international peaceand security.· .. As the l'cpresentatives of Members of !he United Nations,the members ofthis Council may now be expec:~d to actm accordance with the General Assembly's resolutionand further,Unies, if mey a;dopt the unanimous finding of their own Sub-Committee, they will be bound, as members of theSecurity Council, to recommend appro?r1ate procedures Of methods 'Of adjustment. in Qi'der t'O impl'ove the situation .•disclosed in .l·der relation!~~paitJ.by the Suh-Coiluniti:ee's report... "~ The Sub-Committee hasmade certain unani mo~s reèÔmmendations. It appears. to ..Îts membersthat themeasures proposed are a realisticbres appli~ation .. of. the previoliS declaration ••by .the Genei~tAssemblyoftbeUnited N?-,1.:')ns and by the tlu'ee :rowers. and that they are measmt.d which·are liki.:ly tu proveeffective nrencouraging- .th~peacefu1 \\'ithdrawal of the .•Franco regime;l wLkh j~ th.eobjective of those declarations. 11. nlaybet;hat other members of tmsCounciJ rnay consider thatdifferentineasuresare likely . At the San }'rancisco Conference, together with other colleagues sitting at thisCouncil with me today, 1 had sorne share in the final drafting of Article 2, paragraph 7, and 1 should like to quote from the memorandum presented by my delegation to the First Committee of Commission 1at that Conference: "Once a matter is recognized as one of legitimate, international concern, no exception to the general rule is needed ta bring it withinthe powers o:f. the Organization. The general rule itself ceases to apply as saon as the. matter ceases to he one of domestic jurisdiction." Therefore, tne Security Gouncil must determine that point. The Security Council has to look at the facts of this particular situation and ask itself whether· the situation is el''' tially witlrin the domestic jurisdiction of Spa', What are the facts? The facts are that there is lt situation' the continuance of whicns in th~ finding of the Sub-Committee, is likely to endanger the maintenance.of internationa:1 .peace anci,.s.ecurity. Thal sitllatiop. has .aiready led· to Then, as ta the action praposed, the recommended measures are the breaking off of diplomatie relations by all Members of the United Nations. This is a form of action completely within the control of the various nations and is within their sole discretion ta adopt this measure. The matter of diplomatie re1ations with other countries belongs to the sphere external and international re1ationships. Further, the termination of diplomatie relations is the normal action taken by nations to express their disapproval or to make their protest against the international actions of another nation. Again, the proposed action follows directly from the decision taken in.the course of international deliberations duringthe past year seeking exclude Franco ~pain from membership in the United Nations. Inasmuch as the United Nations, which is the' organized family of nations, has already denied membership to Franco Spain, it is eompletely logical and consequential for not to maintain diplomatic re1ations with regime, which acçording to the United Nations' own decision can never become a member that Organization. Then, 1 turn to the .purpose of the action order todemonstrate that this matter is not essentiaIly one of domestic concern. The object is to remove a danger to internationa! peace and a cause of international friction. It is true that this internationalobjective may be served by withdrawal of the Franco regime, nut how that change is to be brought about is er,..rre1y a matter for the Spanish Government and people. The United Ki..gdom, the United States of America 3..l"1d France,in favouring such a change last March, expressed the hopethat Franco himself would peacefully wît..ltdraw. So long as he remains, there is Llkely to be an' international situation of concern to the United Nations because, in the view of the Sub-Committee, it oile likely to endanger t.h.e maintenance of international.peace and security. '·Therefore, !irst, L~e nature of the, situation; secondly, the action proposed; and thirdly, the da..11S permettre régnant national. résolution session du des Etats-Unis, en par ne un espagnol. quiste, et de un ce largement le le tionales, l'Organisation principal maintien." Président rapport comme d'unanimité antérieurement sécurité nant été observations questions que Nations membres un Il peuple bilité nisation contribution The Sub-Committee's views on this are summed uo in two or three sentences which 1 sbould like·ta quote. "There can be no question that the situation in Spain is of international conc~. That flict is sufficiently evidenced by the resolution of the fust part of the fust session of the General Assembly in London, the resolution of the Security Couneil, and the joint declarations of the United, States, the United )Gngdom and France dated 4 March, 1946. .. "It is also plain that thé facts 'established by the evidence before the Sub-Commîttee are by no means of essentially local or domestic concern to Spain. What is imputed ta the Franco regime is that it is threatening the maintenance of international peace and security and that it is causing international friction. 'I:he allegations against the Franco regime involve matters which travel far beyond the domestic jurisdiction and which concern the maintenance of international peace and security and the smooth and efficient working of the United Nations as the instrument mainly responsible for performing this duty." As representative of Australia and as Chairman of the Sub-Committee, 1 submit the Sub-Committee's report for the consideration of the Council and 1 express the hope. that, inasmuch as previous United Nations decisions on this question have been unanimous, in the end we may also reach unanimity regardiing these recommendations. The purpose of the recommendations has been fully explained both in the report . and in the relnarks which 1 have made. In addition to -the questions aIready covered, however, l feel that all Members of the United Nations, including all members of this Council, should entertain a very l'eal concern for the future of the Spanish people themse1ves. We would all wish to.hold out before those people hopes for a ?rIghter future, for an opportunity to co-operate mthe great purposes of the United Nations.and to make their fitting -contribution to thewelfare .of .the world. . It is tragic to think that while Mussolini's Italy l'Italie cratie vernement un les 15 tùday being democratized, and while democratic government is being restored,the fascist regime still·remainsin .Spain with the record which the Sub-Cômmïttee .has pointed out in detail. There is today a resurgence of democracy It is not CL matter of direct concern to the Sub- Committee or to this Couneil what political party or regime cornes to power in Spain. The question that does i:oncern us is the impact of its present Government, its present regime, upon interr ...tionai security. One's mind goes back to the great thoughts expressed by our leaders in the Unîted Nations during the struggle against Hitler and Mussolini, and the Japanese. On more than one occasion, President Roosevelt indicated the danger of fascism's being permitted to survive. And another very great American, who was associated with the formation of this Organization, Mr. Cordell Hull, said in a very notable speech made as recently as April 1944: ""'VVe have moved from a careless tolerance of evil institutions to the conviction that free governments and Nazi and fascist governments cannot exîst together in this world ...". What did Mr. Cordell Hull mean bythat? He Wl!S not concerned with a particular form of government within a country. He was concerned· with the menace of fasdiim to the peace and the security of the world, because he saw that those regimes were engaged, from the \.-ery first in Germany and Italy, and later in Japan, in sow-mg the seeds of future aggression against the democracies. And so 1 point out that no one recognized bett~r than Pre.sident Roosevelt and Mr. Hull that, in seeking to stamp out such regimes at the end of the Second World War, the United Nations would really be protecting international peace and security and would not be interfering or concerning themselves merely with the form of govern~ent within a particular country. The position today is· tbat when you ask who is for this regime, no one is for this regL."lle. Every Member of the Unîted Nations has condemned it in the declarations to which 1 have referred. The real question is, what are we going to do about it? The Sub-Committee's report referred to this question and analysed the situation to the best of its ability, with an honest and fearless attempt to get at the facts. Here are positive ree ommendations lmanimously put forward ta this Council suggesting that positive steps shotrld h~: taken. If they can he improved upon, it is for the Security Couneil to amend those recommendations. But we must make our decisio,n, a just and fearless decision, upon the matter, car rying out the letter and the spirit of theprevious declarations of this Organization and ta"king ac- So here is a challenge to the United Nations, a challenge to the Security Council in the first instance, and ultimate1y, if the recommendation of ~e Sub-Committee is adopted, to the Assembly. We thought that in this particular case it was proper that the Security Council should not be the final arbîter in this matter, but that, since aU the United Nations and so many other countries are involved, and as the question of diplomatie relations with Spain is involved, the matter should ultimate1y go to the General Assembly of the United Nations. l therefore propose that all the recommendations in the Sub-Committee's report he now adopted by the Security Council. The PRESIDENT (translated [rom F'lench): Mr. Evatt's very remarkable report as submitted to you concludes with a specifie proposaI for the adoption of the recommendations offered by the Sub-Committee. Are there any comments on the report? Mr. JOHNSON (United States of America): l have not as yet received definite instructions from my Government regarding an attitude to adopt on this report or on Mr. Evatt's proposaI, but my Government is of the opinion that there has not been sufficient time for the Governments to examine fully this report and its sources. l would, therefore, like to have further discùssion and debate on Mr. Evatt's proposaI postponed until a later meeting. l am willing to propose a motion to that effect. Sir Alexander CADOGAN (United Kingdom): 1should like to support the proposaI just made. My own Government is in still greater difficulty. 1had ward from it by te1egraph last night that at that til"11e it had not even received the actual text of the Sub-Committee's report and therefore it did not like to fonnulate its final views and opinions without being able to study that text. 1 should hope tiJ.at, by now, the text will have reached my Government ,and l shall get the finaI statement of its opinion in the course of the next two or three days at the latest.

The question we are considering is undoubtedly grave, and it is perfectly in order and legitimate for the Security Council to take the necessary time for a thorough study. In order, however, to further the èonsideration of the problem, 1.propose invitingrepresentatives who wish to offer comments to speak. If no representative wishes to take the floor, l shall make one or two remarks myself. If the two articles of the Charter referred ta are compared, it seems ta me that the report merely meant to say that we ought ta rely on Article 39 or Article 34, according ta whether the threat is more or less remote, or more or less imminent. The report relies on Article 34, because of its estimate of the facts and as a result of assessing the more or less imminent nature of the threat. But this cloes nat mean that Article 39 is not applicable except when a threat is already on the point of being transfonned into action. If a different interpretation were admitted, 1 could understand the Polish representative's rese..'"Vation, for such an interpretation might result in a situation somewhat like the following one. If we cast our minds back, we shall see that the situationbrought about by the Fascist or Hitlerite regimes could never have given rise to a decision based on Article 39 of the Charter until the very last moment. We know by experience that at the last moment it is tao late ta act. 1 do not think that that is really what the report means. ·It simply means that, according ta whether the threat is more or less serious~ we may rely either on Article 39 .or on Article 34; and the report afrer judging the facts elected ta .rely on Article 34. My second remar-k CQncerns the part of the report which provides for referring the question to the General Assembly. On this point too 1 should like to state how 1 understand the report. It does notin any way imply that the Security COl.»1cilhas not the power todecide on certain measures immecliately and on· its own initiative. Reference ·to the Assembly does not mean that the Assembly is the only body competent at the ptesent.·stage ta take measures.Reference·to the Assembly is provided for as a measure of expecliency, asapolitical measure, or· as a m.easure of co.urtesy and deferenc~, on the grounds that the Assembly hasalready studied the Spanish These are my two points, and 1 should like to ask Mr. Evatt if he agrees with. my two interpretations. " Mr. EVATT (Australia): 1 am much obliged to the President far bis exposition of.the lt:;gal position. 1 think that it is substantiaIly correct in both respects. 1 do not think 1 need e1aborate more now,becaus~: 1 think the President has summed up the pos~tion here, as he did at the Sub-Committee meeting at which we finalized the report, and we' were much'beholden to him then for bis remarks. AlI 1 desire to say now is that he has correctly explained those two points on the legal interpretation of the Charter. Mr. LANGE (Poland): 1 should like to limit myself ta stating some general points which will prove important in the subsequent discussions. 1 have heard with great interest the President's explanation of the legal points which were connected with my reservation and aIso Mr. Evatt's remarks, and 1 am very glad to hear that in Mr. Evatt's opinion the position taken up by the report does not imply any diminution of the rights of the Security CoiIncil. 1 think 1 still disagree on the question of interpretation of Article 39, but 1 should not like to stress this in this connexion. We have here before us a report which has a factual part, certain legal arguments, and finally, very definite recommendations as to action to be taken by the Security Counci!. 1 should like ta point out that the resolution submitted by Mr. Evatt to the Council asks us to adopt the recommendations of the report which was unanimously presented by the Sub-Committee. It does not ask us to adopt every detail of the argument which is contained in the report, or .other interpretations of the Charter. Therefore, 1 think that the whole question of legal interpretation and its technicalities can really be waived in the discussion, and that 1 shall just concentrate upon the final recommendations. Once more, 1 should like to point out that 1 understand the adoption of the recommendations does not commit anyone·to adopting every detail of the report or of its legal arguments. And it is on this bâsis that 1 am ready to support Mr. Evatt in bis. request that we adopt the 1 still believe that the best course for Council would be to adopt right away a recommendationdirected to all the United Nations sever diplomatie relations with the Franco gime immediately. However, as 1 have already had occasion to state several times, 1 attach great importance ta the achievement of unanimous action by this Council, and if it is the case, believe, that the unanimous recommendations the Sub-Comnùttee may prove a basis for similar action by this Coundl, l am quite ready support them. That is ~e reason why 1 supported them in the Sub-Committe. 1 should like to sug,gest to Mr. Evatt that adopt not only the recommendation~ presented in paragraph 31 of this report, but aIso para.gra.ph 32 of the report, which reads as follows: "In the event of the General Assembly being satisfied that all the conditions set out in deelaration of 4 March 1946 have been complied with, including the withdrawal of Franco regime, political amnesty, return exiled Spaniards, freedom of political assembly and association and fl'ee public elections, Sub-Committee suggests that it would be appropriate for the organization to consider favourably an application by a freely-elected Spanish Government for membership in the United Nations." 1 think it would be advisable to add this paragraph to our resolution for two reasons. First, states clearly what are the conditions under :which Spain can be admitted to the United Nations; those conditions are put here in a very clear expressive form and, 1 may say, in a form which requires a real and effective democratization the Spanish regime. From the context of paragraph 34 it is quite clear that we would not consider sufficient a replacement of General Franco by some othermilitary dictator who would exactly the same as Franco does. What is required is the l'eal democratization of the Government of Spain and a change of its whole ideology attitude towards the aims of the'United Nations. SeconcHy, the addition of this paragraph the resolution to be adopted constitutes a positive move towards the Spanis'l people and assures . them that the United Nations isopen to receive the people of Spain into its fold, and 1 attach great significance to this. 1 should Iike to conclude by expressing hope that this Couneil, after thorough discussion of the issue, will be able to reach a unanimous .. ·cand_effectiv.ec_deci~~on~_I··thiP_1{ that t.lIe Sub- Committee has proved to be .a fust step iR that direction and has shown that i:f:recommendation for' action can be reached unanimously, aI}.d the Council does, as 1 hope it will, reach a deci-

1 propose to hold the next meeting of the Security Council next Tuesday, unless it should appear desirable ta postpone it in order to enable certain members to obtain all the necessary data. The meeting rose at 5.15 p.m. FORTY-FIFTH MEETING Held at Hunter College, New York, on ThursdaYJ 13 June 1946J at 10.30 a.m. President: Mr. A. PARODI (France). Australie, Mexique, bliques Etats-Unis Pre::ent: The representatives of the following countries: Australia, Brazil, China, Egypt, France, Mexico, Netherlands, Poland, Union of Soviet Socialist Republics, United KiIlgdom, United States of America. 77. 77. Provisional agendc:4 (document 5/84) 1'. 2. 1. Adoption of the agenda. 2. The Spanish question. (a) Letter dated 8 April 1946 from the representative of Poland addressed to the Secretary-General (document 8/32) .1 (b) Letter dated 9 April 1946 from the representative of Polandaddressed to the Secretary-General (document S/34).z (c) Report of the Sub-Committee on the Spanish question appointed by the Security Council on 29 April 1946 (document S/75).3 (d) Factual findïngs concerning the Spanish situation (Supplementàry memorandum ta the report of the Sub-Committee) (document 8i76).3 (e) Letter dated 2 June 1946 from the representative of Brazil addressed ta the ( Chairman of the SUb-C()7~'1Ütteeon the Spanish question appoj·,.: ed by the Security Council on 29 Ap;. 'J. ~946 (document S/77).3 78. Adoption of the agenda 79. Continuation of the discussion on the 5panish questior,t 78. Mr. EVATT (Australia): In stating what 1 have to say, 1 am speaking on behalf of the 8ub- Je :See ûfficiai Records of the Security Council, {irst Year, FltSt Series, Supplement No. 2, Annex 3a. _ PJ;'emière nt'.xe Première édition