S/PV.730 Security Council
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The representative oi France, in a mûst lucid and extremely well-balanced speech, earlier explained why his Government does not cünsider that the Security Council should accede to the request of thirteen Member States that the Algerian question should be considered by the Council. 1 would also express my admiration for the painstaking and responsible manner in which the representative of Iran has presented the opposite case. Although, as he will realize, 1 do not agree with him on the substance, that does not in any way diminish my respect for the way in which he has discharged his task. 51. 1 am bour,d to say that my delegation fully agrees that the Security Council should not consider this question, and it is evident that, if a delegation i5 opposed to consideration of an item, it must aJso be opposed on the prior question of inscription of the item.
52. As the French representati"e has pointed out, the Security Council is precluded by the terms of the Charter from considering this matter, since to do so would he tantamount to intervening in the internaI affairs of France. There can surely be no dispute on this point. Algeria is constitutionally an integral part of France; indeed, it has been a part of Metropolitan France for over a hundred years. Any discussion, therefore, by the Council of the situation in Algeria would inevitably constitute interference in a matter Iying essentially within the domestic jurisdiction of a Member State. This question is therefore clearly outside the competence of the Security Coundl. 53. One of the cardinal principles on which the Charter was founded was that the United Nations would not intervene in the domestic affairs of it" Members, and it is, 1 think, timely to recali that a number of founder nations without whose co-operGltion the United Nations could hardly have been brought into being would have hesitated to lend, as they did, their whole-hearted efforts to this great enterprise unless they had known that the Charter enshrined this cardinal principle.
54. The Charter is the supreme law of the United Nations, and the law must be respected. Any attempt to extend the area in which the United Nations has jurisdiction would risk weakening the whole structure of the Organization. Perhaps 1 may be permitted to quote from my statement of 30 September 1955, during !he debate in the General Assembly on the AJgerian Item: "If they"-that is, rules-"are not respected, there is the risk that the United Nations will become an Organization not for solving problems but for exploiting them, and even for creating them" [529th plenar}' meeting, para. 152].
56. Il is tlnfortnnatdy lIy no n1('ans improhahle that ail oyer the worl<l, in conntrÏ('s ohl and new, snch experiellces may repeat t11('lllselyes. But if anarchy and human mist'nare to he aYOilk<l, the <lutv of the l l nited Xations is il; l'nsun' that law and onlt'I: an' upl1l'I<I. If, contran' to our ru1es, we wcre to allow this itelll to he considei'ed lnthe Sl'Curity Council. we shouhl. 1 lwlieve, he takiilg ;i step whic11 would g-ran'Iy wl'aken the foundations on whic1\ the L'nite<l ;\ations is huilt. This consideratiou alone is sufficient to l'anse Ill~' deleg-ation to be opposed to consilil'ra,'on of this item 11)' the Security Council.
Si, But it is not sole1y tor such legal reasons, conc1usiw though they may ue, that my Government is opposed to the consideration of this item. It is also our view that it would be inexpedient flil lhe Council to consider this question. A debate in this Council, l'ven if it were lùnducted with the utmost restraint on ail sides, l'ould do nothing to help promote a peaccfu1 solution, On the contrarv. it would be ca1culated to inflame passions still furil~er and lead to an increase, rather than a decrease, of present tensions, with a consequent risk of further violence. \Ve ail here, 1 believe, sincerelv desire to sel' a relaxation of tension in regard to thé Algerian question and the restoration of peaceful conditions in the Territory. But experience has shown that debates on such matters in the United Xations l'an have the very opposite effect to that which 1 believe is genuinely desired by the thirteen Member States which have asked for this meeting.
58. ~Iy Government considers that the future of Algeria is a problem which l'an only be worked out by the Government of France in consultation with representatives of the inhabitants of Algeria. \Ve have l'ntire confidence that this problem l'an be left to the courage and sagacity of France. 59. ~lr. XISOT (Belgium) (translatcd from Frellch): Thirteen States, invoking Article 35 of the Charter, have asked the Security Council to take up the Algerian question. 60. Belgiunù position \Vas c1early stated by its Minister for Foreign Affairs on 30 September 1955, before the General Assembly [530th plenary meeting]. After analysing Article 2, paragraph 7, of the Charter,
~lr. Spaak conc1uded that the United Nations had no jurisdiction to deal \Vith the matter.
61. ~loreover, the Charter is categorical on that point. It proyides that nothing contained in it "shall authorize
65. 1n these circumstances the Be1gian delegation will he obliged to vote against the inclusion of this question. 11\ accordance with its legal position it will avoid any expression of opinion on the facts which it is desired to lay before the Security Council today. Only too much has been said here about them. in a discussion not concerning the substance of the question. 66. And now a brief word on certain circumstances to which the Iranian representative referred, circumstances which arose in 1948.
fi7. :'.rr. Abdoh referred to the practice of placing a matter on the agenda in order that the question of competence may be discussed. It is true that this practice may offer some opportunity of elucidating the question of competence whell this has not been discussed. On the Algerian matter, the question of the competence of the United Nations was the subject of lengthy discussion last year. The Belgian de1egation would not be jllstified in acting here as though the sllbject had never been broached in the United Nations. as was the case in the matter which Chile brought before the Council in 1948. Once again. the question of competence has been considered at length; it \Vas discussed again this morning.
70. It is only natnral that the Algerian question should have become a matter of growing international concern. It is, therefore, generally recognizcd that efforts towards a solution o.f tbis admittedly cOl11plex question are 11rg'cntly calleel for, a solution which woulcl pay due heed ta the rightful interests of both parties. 71. There are a number of avenues towards such a solution. Some have been outlined; others have been indicated. None has, l think, been fully explored. It is essential that both sides should spare no effort to achieve such a settlement. There is reason to hope that a willingness will, in fact, be found on both sides to make such efforts. 72. It appears rather doubtful, to say the least, that a discussion in the Security Council at the present moment-and l repeat "at the present moment"- with the possibly acrimonious debate and resulting stiffening of attitudes that might ensue, would really serve the cause of an early and satisfactory settlement in Algeria. It might incieed have the opposite effect and hamper such endeavoltl"s as are being made, or as may be contemplated, towards a solution.
73. It is for these reasons that my delegation will not be able to vote in favoltl" of the adoption of the provisional agenda. 74. Mr. SOBOLEV (Union of Soviet Socialist Republics) (translated trom Russian): The Security Coundl has before it a request from thirteen States Memhers of the United Nations [S/3609] that it should consicler the situation in Algeria. 75. The Coullcil is now discussing merely the question whether this matter should be inc1uc1ed in its agenda. Consequently l tao sha11 avoid any reference to the substance of the question raised in the letter from the thirteen States, 76. Clearly, the Secmity Council cannot disregard such a request from States Members of the United Na.tions, more particularly since these States maintain that there i8 a threat to peace and security in the area concerned. In order to determine whether or not any snch threat to peace exists, the parties must be heat,cl and the matter must be discussed in the Security Cot111ciL 77. At the beginning of this morning's meeting the delegation of the Soviet Union asked for the postpone-
78.. The Soviet delegation interpreted the consent of the Jraniall I-epresentative to our proposaI ta mean that the s~)onsors of the appeal to the Security Council were SllO\VlIlg a 1110st fervent spirit of co-operation in the endeavour to fincl possible means of settling the Algerian question. In view of this we have difficultv in understanding the position taken by the French representative, who. categorically opposed the stel) suggested by the SOvIet c1elegation. 'vVe find his position particularly difllcnlt to 11l1derstand in view of the fact that the sole pttrposc of the Soviet proposaI was to give members of the Security Conncil the time and the opportunity to consl1\t with other delegations, including the French de1cgatioll. 79. \Ve hope that the Security Council will place this question on its agenda, will objectively examine the reql1est snbmitted to it by the thirteen States, and will fille! a way of solving the probler1l. in the spirit in which the United N ntions is calleel upou to act,
SO. Accordingly, the Soviet clelegation will vote for the inclusion of the request of the thirteen States Memhers of the United Nations in the agenda of the Security Coullcil. 81. l\ü-. LODGE (United States of America): The problcm of Algeria is assuredly complex, and its solution is at best not likely ta be easy, but we, as members of an Organization having a strongly humanitarian impulse. 111USt care deeply about every single individual in Aigeria, even though some of those individuals may be in bitter conf1ict with each other. l say this because nothing that is human can be a matter of indifference to us.
82. '\Te aH look to the day, which we hope is not far distant, when a liberal and just solution will be fouud which will enable all the people in Algeria to live and work together in peace and hanl1ony. l am sure that we ,,"oulcl 110t wish ta take any action or conduct ourselves in such a way as to impeele the attainment of the olJjective which we al! desire.
83. Algeria is clearly in an evolutionary stage. There are bound ta be c1ifferences of opinion at such a time as this 011 what constitutes a satisfactory settlement of the AIg-erian question, but the concern of the United States is that a truly constrnctive solution for Algeria should he found as soon as possible. 84. The United States has considered carefully all of the factors involved, and we have conc1uded' that consideration by the Securit.y Council of this situation at this time would not contribute to a solution. That is why l shaH have to vote against the inclusion of this item in the agenda. 85. The PRESIDENT: l have no more speakers on my list. l wonId propose therefore to put to the vote the adoption of the provisionaI agenda. A vote was taken by show of hands. In favou1": Iran, Union of Soviet Socialist Republics.
~(). ~rr. AHDOll (Iran) (ll'allslated frol/l Frellch): The 1ranian llelegation expresscs its kt'en regret at the decision jnst taken by the Council in refusing to place the Algcrian qucstion on its agenda. 8ï. 1t must be noted, hO\\'<.'\·cr, that some members of the Cmmcil. while refusing to support nur pnsitioll, basell their attitude, not on the thesis of incompetence under Article 2, paragraph ï, of the Charter, but rather on consil\erations of political expediency. The Chinese representative, for example, took cognizance of the fact that questions affccting the liheration of nonself-go\'l'rning peop1t's are as a mIe international in scope, and cited historic facts to support his vie\\'. The y ugosl:w representative went so far as to recognize that the Algerian situation is a matter of international concern, adding that he was not at present ahle ta support the position we had adopted. 88. As for my mm delegation, it had joined with tweh'e other countries in suhmitting this question to the Securitv Council. in the conviction, not merelv that the Councii was comlx'tent, hut that it bore a responsibility for dealing \Vith the Algerian question. ln sa doing we kit sure that discussion of this question in the Council would lead to a better appreciation of the serious eYents taking place in Algeria and wouId help towards a peaceful settlement of the question. In addition. we based our action on Article l, paragraph 4, of the Charter. which places ~[embers of the United Xations l1lHler a dutv to use the Cnited Nations as a centre for harmonizillg the actions of nations. For there \Vere ditTt'rt'nces of vie", on the Algerian maller: man)'
~[embers of the l'nited :i\ations are far from approving the French GO\'ernment"s method of dealing with it, as the Council's discussions have shown in unmistakable iashion.
89. It would have been quite proper, therefore, for us to discuss this question in the Council in order to state our respecti\'e vie\\'s. "oe think this would have been the best wa)' of ensuring co-operation and harmony anlong us: and it was in that spirit that we acted to place the Algerian question before the Council. Vve couId not remain unmoved when thousands of Algerians and Frenchmen were losing their lives. Our duty as Members of the United Nations and our conscience impelled us to place the matter before the Council and to vote for its inclusion in the agenda.
90. If our point of view had been shared by the majorit)' of the members of the Coundl, we could have had a constructive discussion which might ultimately have halted the bloodshed and helped towards a settlement of the Algerian question. \Ve might also have spared France the continuation of a costly war-costly bath materially and morally-and spared the Algerian people the se\"ere trials they are undergoing in their quest for freedom. 91. At this final stage of the discussion I should like to point out that the use of force is no solution to the Algerian problem. Ho\\'ever large the French army in
92. \Ve are certain that the Algerian people wi11 continue its movement for freedom. It may not yet be too late for France to regain the confidence of the Algerians by fulfilling their legitimate aspirations and by showi~lg them that it is still possible for the French commumty and the Algerians to live together in peace and. since~e co-operation. Then, and only then, a new era Will begm in the relations between France and Algeria, a new era founded on mutual respect, confidence and cooperation. 93. vVe trust that France, inspired by these democratic principles, wil} be able to overcome. its present ~iffic~tl ties and. desplte the efforts of the dlehard reactlonanes who stubhornly oppose ail progress in Algeria, will succeed in settling the question of Algeria in accordance with the principles of the United Nations Charter and the Universal Declaration of Human Rights.
94. The understanding shown hy France in the past towards Indo-China, Tunisia and Morocco encourages the helief that France wi11 he capable of a bold and inspired decision which will lead to the settlement of the Algerian question on a just and equitable basis, in keeping with the spirit of our times and inspired by the principles for which France fought during the past century. Such a decision, far from being looked on as a retreat, will be calculated to increase France's prestige throughout .he world.
95. To <:Dnclude this explanation of my vote, let me quote an article \Vritten by Mr. Guy Mollet in l'Express of 19 December 1955, in the column "Front répuhlicain" : "In Asia and in Africa, the countries which Europe colonized are now demanding (and achieving) their independence, their self-government and even full sovereignty ... "Shall we be able to meet the universal c1aim of the peoples to whom Europe has taught the lessons of freedom and the enjoyment of human rights, and who are now demanding that Europe shaH put those lessons into practice? "Shall we be able to turn these people into colleagues and friends? On 2 January, Frenchmen will give the answer. They will state unequivocally their choice between a future of reconciliation and peace, or of futile war which can lead nowhere." 96. Mr. ALPHAND (France) (translated from French) : The statement by my friend, Mr. Abdoh, goes of cm (se beyond the restricted procedural limits laid down by the President himself; hence, as 1 wish to comply \Vith the President's recommendations, 1 cannot reply in detail to the substantive question he touched upon. But 1 cannot let his final speech pass without expressing my gratification that the Iranian de1egation, the spokesman for the signatories to the letter which was to be submitted to us, has expressed its confidence, in France quoting the very words of my country's leaders. l' wonder whether' Mr. Abdoh is not thus admitting the principle which 1 have so consistently
99. The Council's decision is founded on an assessment of the specific responsibilities of the Security Council under the Charter for the maintenance of international peace and security. Various members have expressed their gravest doubts regarding the opportuneness of placing the matter on our agenda as a method of assisting in the solution of the Aigerian situation and also regarding the legal competence of the Security Council to consider this question, in view of Article 2, paragraph 7, of the Charter. 100. l am sure that we personaUy and the countries we represent aU feel the deepest concern in our hearts over recent events in Aigeria and share a common hope and confidence that, in accordance with the expressed determination of the French Government, these grave problems may be brought to just and peaceful solutions as speedily as possible. T.he meeting rose at 6.25 p.m.
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