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Department of State bulletin (Volume v. 22, Apr- Jun 1950) online

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The Secretary-General of the United Nations shall con-
vene the Initial meeting of the Committee at the Head-
quarters of the United Nations.

Article S2

1. The Committee shall, at its initial meeting, elect its
Chairman and Vice-Chairman for the i>eriod of one year
and consider the rules of procedure to be established in
accordance with Article 33.



952



Department of State Bulletin



2. Thereafter the holding of these ofllces shall rotate
among the members of the Committee In accordance with
arrangements prescribed by the rules of procedure.

Article SS

The Committee shall establisli its own rules of pro-
cedure, but these rules shall provide that :

(a) Five members shall coustitute a quorum;

(b) The work of the Committee shall proceed by a
majority vote of the members present ; In the event of an
equality of votes the Chairman shall have a casting vote;

(c) The States referred to in Article 38 shall have
the right to be represented at the hearings of the Com-
mittee and to make submissions to it orally and in writing ;

(d) The Committee shall hold hearings and other
meetings in closed session.

Article 5-J

1. A State Party to the Covenant concerned in a case
referred to the Committee may, if none of its nationals is
a member of the Committee, designate as a member, to
participate with the right to vote in the deliberations on
the case under consideration, a person chosen from the
list referred to in Article 20.

2. Should there be several States in the same interest,
they shall, for the purpose of the preceding sentence, be
reckoned as one only. Any doubt upon this point shall
be settled by the Committee.

Article S5

1. After its initial meeting the Committee shall meet
at such times as it deems necessary, and shall be convened
by its Chairman or at the request of not less than four
of its members and in any event when a matter is referred
to it under Article 3S.

2. The Committee shall meet at the Permanent Head-
quarters of the United Nations at Geneva.

Article S6

The Secretary of the Committee shall attend Its meet-
ings and, under the instructions of the Committee, shall
make all necessary arrangements for the preparation and
conduct of the work of the Committee.

Article S7

The Secretary-General of the United Nations shall
provide the necessary services and facilities for the
Committee and its members.

Article S8

1. If a State Party to the Covenant considers that
another State Party is not giving effect to a provision of
the Covenant, it may, by written communication, bring the
matter to the attention of that State. Within three months
after the receipt of the communication, the receiving State
shall afford the communicating State an explanation or
statement in writing concerning the matter, which should
include, to the extent possible and pertinent, references
to domestic procedures and remedies taken, or pending,
or available in the matter.

2. If the matter is not adjusted to the satisfaction of
both parties within six months after the receipt by the

June 72, 7950

889467—50 i



receiving State of the Initial communication, either State
shall have the right to refer the matter to tlie Committee,
by notice given to the Secretary of tlie Committee and
to the other State.

Article SO

Normally, the Committee shall deal with a matter re-
ferred to it only if available domestic remedies have been
invoked and exlmusted in the case. This shall not be the
rule where the application of the remedies is unreason-
ably prolonged.

Article iO

In any matter referred to it, the Committee may call
upon the States concerned to supply any relevant
Information.

Article 41

1. Subject to the provisions of Article 3f), the Commit-
tee shall ascertain the facts and make available its good
offices to the States concerned with a view to a friendly
solution of the matter on the basis of respect for human
rights as recognized in this Covenant.

2. The Committee shall, in every case and in no event
later than eighteen months after the date of receipt of
the notice under Article 38, draw up a report which will
be sent to the States concerned and then communicated
to the Secretary-General of the United Nations for
publication.

3. If a solution within the terms of paragraph 1 of this
article is reached, the Committee shall confine its report
to a brief statement of the facts and of the solution
reached. If such a solution is not reached, the Commit-
tee shall state in its report its conclusions on the facts.

Part IV

Article 42

1. This Covenant shall be open for signature and rati-
fication or accession on behalf of any State Member of the
United Nations or of any non-member State to which an
invitation has been extended by the General Assembly.

2. Ratification of or accession to this Covenant shall
be effected by the deposit of an instrument of ratification
or accession with the Secretary-General of the United
Nations, and as soon as 20 States have deposited such
instruments, the Covenant shall come into force among
them. As regards any State which ratifies or accedes
thereafter the Covenant shall come into force on the date
of the deposit of its instrument of ratification or
accession.

3. The Secretary-General of the United Nations shall
inform all Members of the United Nations, and other
States which have signed or acceded, of the deposit of each
instrument of ratification or accession.

Article 45

(The consideration of this article was postponed. The
United States proposed the following language for this
article :

"In the case of a Federal State, the following provisions
shall apply :

(a) With respect to any articles of this Covenant

953



which are determined in accordance with the constitu-
tional processes of that State to be appropriate in whole
or in part for federal action, the obligations of the federal
government shall to this extent be the same as those of
parties which are not Federal States ;

(b) With respect to articles which are determined
in accordance with the constitutional processes of that
State to be appropriate in whole or in part for action by
the constituent states, provinces or cantons, the federal
government shall bring such articles, with favorable rec-
ommendation, to the notice of the appropriate authorities
of the states, provinces or cantons at the earliest possible
moment.")

Article 4i

(The consideration of this article was postponed. The
United States proposed the following language for this
article :

"Any State may, at the time of the deposit of its in-
strument of ratification or accession or at any time there-
after, declare by notification addressed to the Secretary-
General of the United Nations that this Covenant shall
extend to all or any of the territories for the international
relations of which it is responsible. This Covenant shall
extend to the territory or territories named in the notifi-
cation from the date of receipt by the Secretary-General
of the United Nations of this notification.

Each State Party to this Covenant undertakes, with
respect to those territories to which the Covenant is not



extended at the time of ratification or accession, to take
as soon as possible the necessary steps in order to extend
the application of this Covenant to such territories, sub-
ject, where necessary for constitutional reasons, to the
consent of the Governments of such territories.")

Article ^5

1. Any State Party to the Covenant may propose an
amendment and file it with the Secretary-General. The
Secretary-General shall thereupon communicate the pro-
posed amendment to the States Parties to the Covenant
with a request that they notify him whether they favour
a conference of States Parties for the purpose of con-
sidering and voting upon the proposal. In the event that
at least one-third of the States favour such a conference
the Secretary-General shall convene the conference under
the auspices of the United Nations. Any amendment
adopted by a majority of States present and voting at
tlie conference shall be submitted to the General Assembly
for approval.

2. Such amendments shall come into force when they
have been approved by the General Assembly and ac-
cepted by a two-thirds majority of the States parties to
the Covenant in accordance with their respective
constitutional processes.

3. When such amendments come into force they shall be
binding on those parties which have accepted them, other
parties being still bound by the provisions of the Covenant
and any earlier amendments which they have accepted.



The United States In the United Nations



(June 3-9]

Freedom of Information

At its fourth session, which was held in Monte-
video, Uruguay, May 15-26, the Sub-Commission
on Freedom of Information and of the Press con-
demned interference with radio broadcasts across
national boundaries, drafted a code of etliics for
journalists, and approved several measures de-
signed to discourage limitations on freedom of in-
formation. Tlie Sub-Commission is comprised of
12 international experts in the field of information,
who are elected by the Commission on Human
Rights to serve in their individual capacities.
The Soviet expert did not participate in this ses-
sion since he was unsuccessful in his effort to
unseat the Chinese expert.

The resolution condemning the "jamming" of
radio broadcasts was submitted by the United
States expert, Carroll Binder. It noted that
Soviet radio-operating agencies were deliberately
interfering with certain radio broadcasts coming
from outside the Soviet Union and condemned all
measures of this nature as a violation of the ac-
cepted principles of freedom of information. It
recommended that the General Assembly be asked
to request all member governments not to interfere
with the rights of their people in this regard.

The Sub-Commission recommended that the



Secretary-General be asked to submit its draft
international code of ethics to all governments for
comment. The Sub-Commission will then recon-
sider the code at its next session in the light of
these comments and prepare a text for presenting
to a later international professional conference.
Carroll Binder abstained in the vote, as did the
expert from Great Britain. Mr. Binder was of
the opinion that such codes should be voluntary
and drawn up by the journalists themselves.

In an effort to discourage restrictions on free-
dom of information, the Sub-Commission asked
that the General Assembly recommend to member
states that when forced to limit freedom of in-
formation and of the press in time of national
emergency, they do so "only to the extent strictly
required by the situation." Recognizing the im-
portance of the free circulation of newsreels as a
means of disseminating information about other
peoples and their cultures, the Sub-Commission
recommended that the Economic and Social Coun-
cil appeal to the member states not to apply cer-
tain specified restrictions in this connection. The
Economic and Social Council was also asked to
request United Nations members to put an end to
confiscatory and discriminatory measures regard-
ing the sale and purchase of newsprint.



954



Department of State Bulletin



Security Council

The Security Council, meetinfj on May 24 -with-
out the Soviet representative, unanimously decided
to note the April 28, 1949, recommendation of the
General Assembly concerning the appointment of
a repporteur or conciliator for a situation or dis-
pute brought to the attention of the Security
Council and to employ this technique "should an
appropriate occasion arise."

United States deputy representative, Ernest A,.
Gross, pointed out that an advantage of this pro-
cedure is that it enables the parties to have private
conversations during which attempts at concilia-
tion can be made and thus avoids that "crystalliza-
tion of views" early in a dispute that "often results
from the taking of public positions." The device
had already been used etfectively by the Council,
he said, mentioning the Kashmir case as an ex-
ample, and he thought it should be accepted "as
one useful procedure for the peaceful adjustment
of disputes." The proposal itself grew out of the
Interim Committee s studj' of methods for tTie
promotion of international cooperation in the
political field.

Economic Commission for Asia and the Far East

With the adoption of a report to the Economic
and Social Council on May 20, the Economic Com-
mission for Asia and the Far East ended its sixth
session, which had opened in Bangkok on May 16.
Following a vote through which the Commission
expressed its preference for having the question
of Chinese representation decided by "a higher
bod}'", thus refusing to unseat the Chinese Na-
tionalist representative, the Soviet delegate left
the meeting. Ambassador Edwin F. Stanton told
the Commission of the desire of the United States,
through its technical assistant program, to help
the countries in that region to improve living
standards and to strengthen their economies. He
also stressed the joint and cooperative character
of the whole technical assistance concept and the
need for full integration of various programs.

An important part of the Commission's work
was approval of the report of the Committee on
Industry and Trade, which had met during the
preceding week to review progress with respect
to industrial development and trade promotion.
As evidence of an advance from broad generaliza-
tions to technical examination of individual prob-
lems, the Commission cited in its report to the
Economic and Social Council the work of the Com-
mittee on Industry and Trade, the Subcommittee
on Iron and Steel, the Conference of Inland Trans-
port Experts, and the Ad Hoc Committee on
Travel Facilities. The Commission reviewed the
work program of its Secretariat, a report on the
implementation of its resolutions, and admitted
the Republic of the United States of Indonesia as
an associate member. A decision was made to
hold the next session in Lahore, Pakistan, in
February 1951.



International Court of Justice

Public hearings on the questions submitted by
the General Assembly on tlie international status
of South West Africa were held before the Inter-
national Court of Justice at The Hague on May
16-2.'5. Oral statements were presented on behalf
of the Secretary-General of tlie United Nations,
the Philippine Kepublic, and the Union of South
Africa.

Having been notified by the Trusteeship Council
of South Africa's decision not to continue to supply
annual information on its administration of the
Territory of South West Africa, as requested by
the General Assembly, the latter decided to ask
the Court for an advisory oi)inion on three specific
questions. First, does the Union of South Africa
still have international obligations under the man-
date for South West Africa, and, if so, what are
these obligations? Second, do the provisions of
chapter XII of the Charter concerning the inter-
national trusteeship system apply to the Territory
of South West Africa, and, if so, in what way?
Third, is the Union of South Africa competent
to modify the international status of the territory,
and, if not, where does such competence rest %

Egypt, India, Poland, the Union of South
Africa, and the United States submitted written
statements to the Court. In its statement, the
United States expressed the following views con-
cerning the questions at issue: (1) Tlie Union of
South Africa continues to be obligated under the
mandate and is required to subipiit reports to the
United Nations on the administration of the terri-
tory; (2) chapter XII of the United Nations
Charter provides for placing mandated terri-
tories — such as South West Africa — under the in-
ternational trusteeship system of the United
Nations, but the placing of such territories under
trusteeship is not compulsory; (3) the provisions
contained in chapter XI of the United Nations
Charter concerning non-self-governing terri-
tories — including the provisions on submission of
certain information to the United Nations — are
applicable to South West Africa ; (4) the mandate
for South West Africa cannot be modified uni-
laterally by the mandatory power. A means of
modifying it would be through agi-eement between
the mandatory power and the United Nations
General Assembly.

Population Commission

In its 2-week session held at Lake Success May
22-June 2, the 12-member Population Commission
considered the question of migration studies at an
international level, the interrelationships between
demographic, economic and social factors, and the
demographic aspects of the United Nations techni-
cal assistance program. Alfred Sauvy of France
was chairman of the sessions, and Philip M.
Hauser of the United States served as rapporteur.
As in other United Nations organs, the Soviet



June 72, 1950



955



representative left the meeting following an un-
successful attempt to unseat the "representative of
the Kuomintang group." The Ukrainian repre-
sentative was also absent because of the Chinese
representation question.

With respect to migration studies and research,
the Commission asked the Secretary-General to
prepare a summary statement of inter-war and
recent migi-atory movements affecting various
parts of Europe ; analyze emigration potentials in
this area; "analyze the possible contribution of
migration from European countries to economi-
cally underdeveloped countries toward the eco-
nomic and social advancement of the countries
of origin and destination ;" and begin these studies
with countries for which adequate data is or will
be made available; and to utilize them as a basis
for extending research to other areas of actual or
potential emigration and immigi-ation. This ac-
tion was based on a United States proposal which
noted that the gravity of Western European eco-
nomic problems might be in part attributable to
lack of balance between population and economic
resources.

In considering studies of interrelationships be-
tween demographic, economic, and social factors,
the Commission had a study of the Secretary-
General in this field, a proposal by him for a field
study of these relationships in India which he con-
sidered a particularly suitable area, and a report
prepared by the World Health Organization on
health demonstration areas as a form of technical
aid for economic development. The Commission
asked the Secretary-General to expand his
report "to achieve a more comprehensive and
balanced discussion of theories and points of view"
and requested that the revised report be circulated
to members and submitted to the next session of
the Commission. The Secretary-General was also
asked to "develop a general plan for conducting
field studies and for utilizing existing data" with
a view to better understanding of the economic and
social problems arising from the interrelationships
under consideration. The plan for a pilot survey
in India, with provisions for its possible expan-
sion, was approved. India seemed a particularly
suitable area for such a study because "far-reach-
ing economic changes have occurred to varying
degrees in different regions of her vast territory,
with possible repercussions on mortality, fertility,
and migration and on the modes of life of a large
fraction of the population."

The Secretary-General was asked to circulate
the Commission's views on the demographic as-
pects of technical assistance to member states and
to the Technical Assistance Committee of the Eco-
nomic and Social Council and to use them as a
guide in providing technical assistance. These
views emphasize the importance of considering
demographic factors in connection with develop-
ment of underdeveloped countries and of provid-
ing technical assistance.



Trusteeship Council

The Trusteeship Council opened its seventh ses-
sion on June 1 at Lake Success and elected Max
Henriquez-Urena of the Dominican Republic as
President and Belgian representative Pierre Ryck-
mans, Vice President. Following defeat of its
proposal that the Council "exclude the repre-
sentative of the Kuomintang group from its com-
position," the Soviet delegation left the meeting.

On June 2, the Council heard Roger Garreau,
President, during its sixth session, report on his
efforts to confer with Israel and Jordan on the
Statute for Jerusalem approved by the Council.
He reported that he had received no reply what-
soever f i-om Jordan, but that Israel had "showed
a spirit of conciliation" and had presented new
proposals through which the Holy Places would
be placed under United Nations control. Sub-
stantive discussion of Mr. Garreau's report was
scheduled for June 12.

Discussion of New Zealand's annual report on
its administration of the trust territory of West-
ern Samoa was completed on June 7. On the fol-
lowing day, the Council began discussion of the
annual report on the trust territory of New
Guinea, under Australian administration. It had
earlier set up a committee, composed of Argen-
tina, Australia, the Dominican Republic, and
France, which (following Council consideration
of the annual reports) will draft conclusions and
recommendations on each for the Council's ap-
proval. Other annual reports to be considered by
the Council at this session are those on Nauru
(Australia), the trust territory of the Pacific
Islands (United States), British Togoland, and
French Togoland.

An ad hoc committee, composed of Belgium,
China, the Dominican Republic, New Zealand,
the Philippines, and the United States, to examine
the 188 petitions now before the Council has also
been established. Other major items on the Coun-
cil's agenda for the session are its reports to the
General Assembly and the Security Council and
the question of administrative unions affecting
trust territories.

Commission for Conventional Armaments

Under the chairmanship of French representa-
tive, Francis Lacoste, the Commission for Con-
ventional Armaments working committee met on
June 8 to continue discussions under the Com-
mission's plan of work. The Soviet representa-
tive was not present. Debate centered primarily
on the item dealing with safeguards to protect
states complying with a sj'stem of armaments
control against violations and evasions by other
states, concerning which the United States had
submitted proposals on May 18. The Commission
will resume its discussions on June 22.



956



Department of State Bulletin



U.S. Views on Control of Conventional Armaments



hy Frank Nash

Deputy UjS. Representative to the General Assembly '



At the meetinj; of the Commission for Conven-
tional Armaments held on last April 27th, I ven-
tured the suggestion that as an appropriate
prelude to the work which we are about to under-
take, it might be useful for the members of the
Commission to review the expressions of opinion
on the matter of safeguards for a plan or plans of
disarmament which were advanced by the several
members of the Commission in the fall of 1947.^

My delegation has reviewed the statement of
opinion which it submitted at that time, and I
would like, today, to enlarge upon it in some
detail.

Before doing so, however, and by way of a little
explanatory framework, I would like to emphasize
one or two points :

In the first place, the work with which we are
now engaging ourselves, is limited to the planning
stage. That is why it is possible for us to go
ahead with it despite the illegal and regrettable
absence of the representative of tlie Soviet Gov-
ernment. My Government's willingness to go
ahead with the consideration of this planning
work at this time, and under the circumstances of
the absence of the Soviet representative, is in
no sense to be taken as a relaxation of the point
of view advanced by my predecessor in the fall
of 1947 when he stated that "any effective system
for the regulation and reduction of armaments
and armed forces must be participated in and
agreed to by all nations having substantial mili-
tary resources."

Secondly, despite the fact that we must restrict
ourselves to the planning sphere until such time
as the full cooperation and participation of all
nations possessed of substantive military resources
make it possible for us to move ahead with the

' Submitted to the Commission for Conventional Arma-
ments on May 18, 19.50, and released to the press by the
U.S. Mission to the United Nations on the same date.

' U.N. doc. S/387/annex A.



concrete and effective implementation of actual
measures of disarmament, nevertheless this plan-



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 88 of 116)