A/RES/294(IV) GA

including technical advisers and observers as re- quired; and authorizes the Secretary-General to pay the expenses and per diem of a representative and an alternate from each of the States members of the Commission and of such persons as may be appointed in accordance with paragraph 1 ( c) of the present resolution. 233rd plenary meeting, 21 October 1949. 294 (IV). Observance in Bulgaria, Hungary and Romania of human rights and fundamental freedoms Whereas the United Nations, pursuant to Article 55 of the Charter, shall promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, Whereas the General Assembly, at the second part of its third regular session, considered the question of the observance in Bulgaria and Hungary of human rights and fundamental freedoms, Whereas the General Assembly, on 30 April 1949, adopted resolution 272 (III) 4 concerning this question in which it expressed its deep con- cern at the grave accusations made against the Governments of Bulgaria and Hungary regard- ing the suppression of human rights and funda- mental freedoms in those countries; noted with satisfaction that steps had been taken by several States signatories to the Treaties of Peace with Bulgaria and Hungary regarding these accusa- tions ; expressed the hope that measures would be diligently applied, in accordance with the Treaties, in order to ensure respect for human rights and fundamental freedoms; and most ur- gently drew the attention of the Governments of Bulgaria and Hungary to their obligations under the Treaties of Peace, including the obliga- tion to co-operate in the settlement of the question, Whereas the General Assembly has resolved to consider also at the fourth regular session the question of the observance in Romania of human rights and fundamental freedoms, Whereas certain of the Allied and Associated Powers signatories to the Treaties of Peace with Bulgaria, Hungary and Romania have charged the Governments of those countries with viola- tions of the Treaties of Peace and have called upon those Governments to take remedial measures, Whereas the Governments of Bulgaria, Hun- gary and Romania have rejected the charges of Treaty violations, Whereas the Governments of the Allied ancl Associated Powers concerned have sought un- successfully to refer the question of Treaty viola- tions to the Heads of Mission in Sofia, Budapest and Bucharest, in pursuance of certain provisions in the Treaties of Peace, Where as the Governments of these Allied ancl Associated Powers have called upon the Govern- ments of Bulgaria, Hungary and Romania to join in appointing Commissions pursuant to the pro- visions of the respective Treaties of Peace for 4 See Official Records of the third session of the General Assembly, Part II, Resolutions, page 17. 16 the settlement of disputes concerning the inter- pretation or execution of these Treaties, Whereas the Governments of Bulgaria, Hun- gary and Romania have refused to appoint their representatives to the Treaty Commissions, main- taining that they were under no legal obligation to do so, Whereas the Secretary-General of the United Nations is authorized by the Treaties of Peace, upon request by either party to a dispute, to appoint the third member of a Treaty Commission if the parties fail to agree upon the appointment of the third member, Whereas it is important for the Secretary- General to be advised authoritatively concerning the scope of his authority under the Treaties of Peace, The General Assembly 1. Expresses its continuing interest in and its increased concern at the grave accusations made against Bulgaria, Hungary and Romania; 2. Records its opinion that the refusal of the Governments of Bulgaria, Hungary and Romania to co-operate in its efforts to examine the grave charges with regard to the observance of human rights and fundamental freedoms justifies this concern of the General Assembly about the state of affairs prevailing in Bulgaria, Hungary and Romania in this respect ; 3. Decides to submit the following questions to the International Court of Justice for an ad- visory opinion : •· I. Do the diplomatic exchanges between Bul- garia, Hungary and Romania on the one hand and certain Allied and Associated Powers signa- tories to the Treaties of Peace on the other, concerning the implementation of article 2 of the Treaties with Bulgaria and Hungary and article 3 of the Treaty with Romania, disclose disputes subject to the provisions for the settlement of disputes contained in article 36 of the Treaty of Peace with Bulgaria, article 40 of the Treaty of Peace with Hungary, and article 38 of the Treaty of Peace with Romania?" In the event of an affirmative reply to ques- tion I: ''II. Are the Governments of Bulgaria, Hun- gary and Romania obligated to carry out the pro- visions of the articles referred to in question I, including the provisions for the appointment of their representatives to the Treaty Commis- . ?" S1011S. In the event of an affirmative reply to ques- tion II and if within thirty days from the elate when the Court delivers its opinion the Govern- ments concerned have not notified the Secretarv- General that they have appointed their represe~- tatives to the Treaty Commissions, and the Secre- tary-Genera! has so advised the International Court of Justice : "III. If one party fails to appoint a represen- tative to a Treaty Commission under the Treaties of Peace with Bulgaria, Hungary and Romania where that party is obligated to appoint a repre- sentative to the Treaty Commission, is the Secretary-General of the United Nations author- ized to appoint the third member of the Com- m1ss10n upon the request of the other party to a dispute according to the provisions of the re- spective Treaties?" In the event of an affirmative reply to ques- tion III: "IV. Would a Treaty Commission composed of a representative of one party and a third member appointed by the Secretary-General of the United Nations constitute a Commission, within the mean- ing of the relevant Treaty articles, competent to make a definitive and binding decision in settle- ment of a dispute?" 4. Requests the Secretary-General to make avail- able to the International Court of Justice the rele- vant exchanges of diplomatic correspondence communicated to the Secretary-General for circu- lation to the Members of the United Nations and the records of the General Assembly proceedings on this question; 5. Decides to retain on the agenda of the fifth regular session of the General Assembly the ques- tion of the observance of human rights and funda- mental freedoms in Bulgaria, Hungary and Romania, with a view to ensuring that the charges are appropriately examined and dealt with. 235th plenary meeting 22 October 1949. 295 (IV). Re-establishment of the In- terim Committee of the General Assembly The General Assembly, Having taken note of the report5 submitted to it by the Interim Committee of the General Assem- bly on the changes in the Committee's constitu- tion, its duration or its terms of reference which are considered desirable in the light of experience, Affirming that, for the effective performance of the duties specifically conferred upon the Gen- eral Assembly by the Charter in relation to mat- ters concerning the maintenance of international peace and security ( Articles 11 and 35), the pro- motion of international co-operation in the politi- cal field (Article 13), and the peaceful adjustment of any situation likely to impair the general wel- fare or friendly relations among nations ( Article 14), it is necessary to continue the Interim Com- mittee for the purpose of considering such mat- ters and reporting with conclusions to the Gen- eral Assembly, Recognizing fully the primary responsibility of the Security Council for prompt and effective action for the maintenance of international peace and security ( Article 24), Resolves that: 1. There shall !Je re-established an Interim Committee of the General Assembly, to meet when the General Assembly is not actually in regular session, on which each Member of the General Assembly shall have the right to appoint one representative; 2. The Interim Committee, as a subsidiary organ of the General Assembly established in ac- cordance with Article 22 of the Charter, shall • See Official Records of the foi.rth session of the Cen- tral Assembly, Supplement No. 11. 17 assist the General Assembly in the performanct of its functions by discharging the following duties: (a) To consider and report with conclusions to the General Assembly on such matters as may he referred to the Committee by or under the authority of the General Assembly; ( b) To consider and report with conclusions to the General Assembly on any dispute or any situation which, in virtue of Articles 11 (para- graph 2), 14 or 35 of the Charter, has been proposed for inclusion in the agenda of the Gen- eral Assembly by any Member of the United Nations, or by any non-member State under Articles 11 ( paragraph 2) or 35, or has been brought before the General Assembly by the Security Council, provided the Committee pre- viously determines the matter to be both impor- tant and requiring preliminary study. Such deter- mination shall be made by a majority of two- thirds of the members present and voting, unless the matter is one referred to the General Assem- bly by the Security Council, in which case a simple majority will suffice; (c) To c·onsider systematically, using the rec- ommendations and studies of the Interim Com- mittee contained in documents A/6056 and A/ AC.18/91, 7 the further implementation of that part of Article 11 ( paragraph 1) relating to the general principles of co-operation in the mainte- nance of international peace and security, and of that part of Article 13 (paragraph la) which deals with the promotion of international co- operation in the political field, and to report with conclusions to the General Assembly; (d) To consider, in connexion with any matter under discussion by the Interim Committee, whether occasion may require the summoning of a special session of the General Assembly and, if the Committee deems that a session is required, so to advise the Secretary-General in order that he may obtain the views of the Members of the United Nations thereon ; ( c) To conduct investigations and appoint commissions of inquiry within the scope of the Committee's duties, as it may deem useful and necessary, provided that decisions to conduct such investigations or inquiries shall be made by a :wo-thirds majority of the members present and voting. An investigation or inquiry elsewhere than at the Headquarters of the United Nations shall not be conducted without the consent of the State or States in whose territory it is to take place; (j) To report to the General Assembly, should the occasion arise, on :iny changes in the Com- mittee's constitution or its terms of reference which may be considered desirable in the light of experience ; 3. The Interim Committee is authorized to request advisory opinions of the International Conrt of Justice on legal questions arising within the scope of the Committee's activities; 4. In discharging its duties, the Interim Com- 111itt\'e shall at all times take into account the responsibilities of the Security Council under the 6 See O J1icial Records of the third session of the General Assembly, Supplement No. 10. . 1 See () Oicial Records of the fourth .<csswn of the Gen- eral ,·I ssnn/,/y, Suppiement No. 11, annex 1.

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