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306 Chapter VIII. Maintenance of International Peace and Security Being Absent.76 the Polish. Proposal Was Rejected by 2 Votes I

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306 Chapter VIII. Maintenance of International Peace and Security Being Absent.76 the Polish. Proposal Was Rejected by 2 Votes I 306 Chapter VIII. Maintenance of international peace and security being absent.76 The Polish. proposal was rejected by 2 At the 37th meeting on 25 April, the Australian votes in favour, 8 against, with 1 member absent.‘e amendment was replaced by a draft resolutionE2 which The Iranian question remained on the list of matters was re-submitted in revised form accepted by the representatives of Australia, France and Poland at the of which the Security Council is seized. 38th meeting on 26 April 1946.83 THE SPANISH QUESTION At the 39th meeting on 29 April, the draft resolution INITIAL PROCEEDINGS was adopted with further amendments by 10 votes in favour, none against, and 1 abstention.@ The resolu- By letter dated 9 April 1946,7?the representative Of tion, as adopted, read:85 Poland, after referring to General Assembly reso- “The attention of the Security Cou~zcil has been lution 32 (I) of 9 February 1946, stated : drawn to the situation in Spain by a Member of the “Since then a series of developments has made it United Nations acting in accordance with Article 35 clear that the activities of the Franc0 Government of the Charter, and the Security Council has been have already caused international friction and en- asked to declare that this situation has led to inter- dangered international peace and security.” national friction and endangers international peace 6‘-.. and security. “In view of the foregoing, the situation in Spain “Therefore the Security Council, keeping in mind must be considered not as an internal affair of that the unanimous moral condemnation of the Franc0 country but as a concern of all the United Nations. regime in the Security Council, and the resolutions Article 2 of the Charter in paragraph 6 provides that concerning Spain which were adopted at the United the United Nations Organization shall insure that Nations Conference on International Organization States not Members of the United Nations act in ac- at San Francisco and at the first General Assembly cordance with the principles of the OTganization SO of the United Nations; and the views expressed by far as may be necessary for the maintenance of inter- members of the Security Council regarding the national peace and security. The situation in Spain Franc0 regime, makes the applicati’on of this provision imperative. “Hereby resok!es: to make further studies in “The Polish delegation, therefore, under Articles order to determine whether the situation in Spain 4 and 35 of the Charter, requests the Security Coun- has led to international friction and does endanger cil to place on its agenda the situation arising from international peace and security, and if it so finds, the existence and activities of the Franc0 regime in then to determine what practical measures the Spain for consideration and for adoption of such United Nations may take. measures as are provided for in the Charter.” “To this end, the Security Council appoints a Sub- At its 32nd meeting on 15 April 1946, the Council Committee of five of its members and instructs this included the question in the agenda.78 Sub-Committee to examine the statements made The Council considered the Spanish question at its before the Security Council concerning Spain, to 34th to 39th and 44th to 49th meetings between 17 receive further statements and documerits, and to April and 26 June 1946.?O conduct such inquiries as it may deem necessary, and to report to the Security Council before the end At the 34th meeting on 17 April 1946, the repre- of May.” sentative of Poland contended that the situation due to the existence and activities of the Fascist regime in REPORT OF THE SUB-COMMITTEE Spain was of the nature referred to in Article 34, and ON THE SPANISH QUESTION that it was the duty of the Organization to take appro- The report of the Sub-Committee on the Spanish priate steps in accordance with Article 2, paragraph 6. question, dated 1 June 1946, included conclusions and The representative of Poland submitted a draft resolu- tionso that the Security Council call upon Members of recommendations, as well as reservations by two of its members.s6 the United Nations to sever diplomatic relations with the Franc0 Government “in accordance with the After an Introduction an,d Parts II and III con- authority vested in it under Articles 39 and 41 of the cerning “Relevant Facts” and “Franc0 Spain and the Charter”. United Nations”, respectively, the Sub-Committee’s Decision of 29 April 1946 (39th meeting): Establish- report in Part IV dealt with “Jurisdiction of the Secu- ment of a sub-com,mittee to conduct inquiries rity Council and its power to take action under Chapter VII of the Charter”. It was stated that “in the opinion At the 35th meeting on 18 April 1946, the repre- of the Sub-Committee the Security Council cannot, sentative of Australia submitted an amendment to the on the present evidence, make the determination re- Polish draft resolution providing for a committee “to quired by Article 39”. In Part V on “Other measures make further inquiries” in accordance with Article available to the United Nations”, the Sub-Committee 34.81 reported that “the present situation in Spain . is a =43rd meeting: p. 305. situation the continuance of which is in fact likely to m43rd meeting: p. 305. endanger the maintenance of international peace and TI S/34, O.K., Suppl. No. 2, 1st year, 1st series, p. 55. security.s7 Is 32nd meetmg : p. 122. “For consideration of the question of domestic jurisdiction in connexion with the Spanish question, see chapter XII, Case *’ 37th meeting : p. 216. 2. “38th meeting: p. 239. “34th meeting : p. 167. For texf, see chapter XI, Case 1. BL39th meeting : p. 245. =35th meeting: p. 198. For consideration of the relevance of “39th meeting: p. 244. Article 34, see chapter X, Case 8; and for considerations of m S/75, O.R., Special Suppl., 1st year, 1st series, Rev. ed. On domestic Jurisdiction in connexion with the establishment of the character of the sub-committee, see chapter V, Case 65. the sub-committee, see chapter XII, Case 2. 6’0.R., Special Sz@pZ., 1st year, 1st series, Rev. ed., pp. l-10. Part ZZ. The Spanish quetition 307 The Sub-Committee, in Part VI, “Conclusions and mitted an amendAd text,e6 the representative of Poland recommendations addressed to the Security Council”, dissenting. stated,** inter al&z, that “the Security Council is . At the same meeting, the Security Council upheld97 empowered by paragraph 1 of Article 36 to recom- the President’s (Mexico) ruling that this text be con- mend appropriate procedures or methods of adjust- sidered as an amendment to the Polish draft resolu- ment” and it recommended, inter alia, that, unless cer- tion. This amended resolution was not adopted.QsThere tain conditions were satisfied, the General Assembly were 9 votes in favour, 2 against (one being that of pass a resolution recommending that each Member of a permanent member). the United Nations terminate forthwith diplomatic relations with the Franc0 regime. (iii) Also at the 49th meeting, the representative of the USSR submitted amended texts.Q0 After an amend- Decision of 18 June 1946 (47th meeting): Rejection ment submitted by the representative of the USSR had of draft resolution submitted by the Chairman of the been rejected, the following resolution was adopted :I00 Sub-Committee “Whmeas the Security Council on 29 April 1946 At the 45th meeting on 13 June 1946, the Chairman appointed a Sub-Committee to investigate the situa- of the Sub-Committee submitted a draft resolution for tion in Spain, the adoption of the Sub-Committee’s recommendations, “And whereas the investigation of the Sub-Com- subject to one addition.s9 mittee has fully confirmed the facts which led to the condemnation of the Franc0 regime by the Potsdam At the 46th meeting on 17 June, the representative of the United Kingdom s,ubmitted an amendment.90 and San Francisco Conferences, the General Assem- bly at the first part of its first session, and by the At the 47th meeting on 18 June, the United King- Security Council by resolution of the date mentioned dom amendment was rejected, by 2 votes in favour, above, 6 against, with 3 abstentions.91 After separate votes “The Security Council decides to keep the situa- had been taken on each of the three recommendations, tion in Spain under continuous observation and the draft resolution as a whole was not adopted. There maintain it upon the list of matters of which it is were 9 votes in favour, 1 against (that of a permanent seized in order that it will be at all times ready to member) and 1 abstentionQ2 take such measures as may become necessary to Decision of 24 June 1946 (48th wweting): Rejection maintain international peace and security. Any mem- of the draft resolzrtion submitted by the represent+ ber of the Security Council may bring the matter tive of Poland up for consideration by the Council at any time.” At the 48th meeting on 24 June 1946, the repre- Decision of 26 June 1946 (49th meeting): Rejection sentative of Poland presented the draft resolution of draft resotution submitted by the representative submitted by him at the 34th meeting with the refer- of Aztstralia ence to Articles 39 and 41 of the Charter deleted. At the 49th meeting on 26 June 1946, the repre- sentative of Australia submitted a draft resolution At the same meeting, the Polish draft resolution was providing thatlo rejected by 4 votes in favour and 7 against.QQ “ Decision of 26 June 1946 (49th meeting): To keep the .
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