232 POLITICAL AND SECURITY QUESTIONS

CHAPTER XV QUESTIONS RELATING TO THE CHARTER AND MEMBERSHIP IN THE UNITED NATIONS

AMENDMENTS TO THE UNITED NATIONS CHARTER

ENTRY INTO FORCE OF The last of the instruments of ratifica- AMENDMENTS TO tion of the permanent members of ARTICLES 23, 27 AND 61 the Security Council was deposited on 31 It will be recalled that, on 17 December Date of entry into force of the amend- 1963, the General Assembly approved amend- ments for all the Members of the ments to Articles 23, 27 and 61 of the United United Nations 31 August 1965 Nations Charter to increase the number of As depositary of the amendments to the members of the Security Council and of the Economic and Social Council and, in the case Charter, the Secretary-General on 31 August 1965 issued a protocol of entry into force of of the Security Council, to increase from seven the amendments. This protocol was commu- to nine the number of votes required for 1 nicated to all Members of the United Na- adoption of decisions by the Council. As at tions and was also submitted to the General 31 , 47 Member States had Assembly on 27 , in connex- deposited instruments of ratification of these 2 ion with the elections, at the twentieth ses- amendments. As at 20 , the sion, to the Security Council and to the Eco- amendments had been ratified by the follow- nomic and Social Council as enlarged by the ing 57 additional Member States: entry into force of the amendments. Afghanistan, Australia, Belgium, Bolivia, Bulgaria, In communications dated 4 October, 2 and Burma, Burundi, the Byelorussian SSR, Cambodia, 14 respectively, the Permanent , , the Congo (Brazzaville), Cyprus, Missions of the USSR, Czechoslovakia and Czechoslovakia, Dahomey, , Dominican Re- Hungary referred to the protocol of entry into public, Ecuador, Finland, , Greece, Guate- mala, Hungary, , , Italy, , Laos, force and the listing therein of an instrument , Luxembourg, Malawi, , Malta, of ratification by "the Chiang Kai-shek , Mexico, Mongolia, , , clique." They said their Governments did Paraguay, , Romania, , Senegal, not recognize any authority other than the Sierra Leone, Somalia, Spain, Sudan, Syria, , Government of the People's Republic of Uganda, the Ukrainian SSR, the USSR, the , the United States, Venezuela, , China as entitled to represent and act on be- . half of China. Accordingly, they considered that the instruments of ratification which had The amendments to Articles 23, 27 and 61 been made out and deposited by the "Chiang of the Charter entered into force on 31 Au- Kai-shek clique" had no legal force whatso- gust 1965, the requirements of Article 108 of ever. the Charter for their entry into force having The three Governments noted, nevertheless, been fulfilled on that date as follows: that the People's Republic of China had an- nounced that it would not object to the en- Total number of instruments deposited 95 Membership in the United Nations as largement of the two Councils even before at 31 August 1965 114 the restoration of the lawful rights of the Number of ratifications required under People's Republic of China in the United Article 108 of the Charter of the Nations. Czechoslovakia said that, in view of United Nations to bring the amend- this stand taken by the People's Republic, the ments into force (two thirds of the

Members of the United Nations, 1

including all the permanent mem- 2 See Y.U.N., 1963, pp. 87-88. bers of the Security Council) 76 See Y.U.N., 1964, p. 467. QUESTIONS RELATING TO THE UNITED NATIONS CHARTER AND MEMBERSHIP 233 General Assembly could proceed to fill the 3. If such a conference has not been held before vacancies on the two Councils as enlarged. the tenth annual session of the General Assembly fol- lowing the coming into force of the present Charter, Hungary added, for the same reason, that it the proposal to call such a conference shall be placed accepted and recognized the entry into force on the agenda of that session of the General Assembly, of the Charter amendments. and the conference shall be held if so decided by a In a reply dated 15 to the majority vote of the members of the General Assembly and by a vote of any seven members of the Security USSR communication of 4 October, the Per- Council. manent Representative of China said that the Republic of China, a permanent member The Secretary-General pointed out that a of the Security Council, had ratified the discrepancy existed between the amended text amendments to the Charter on 6 of Articles 23 and 27 and the existing text of and that the instrument of ratification had Article 109, requiring a consequential amend- been deposited with the Secretary-General on ment to paragraph 1 of the latter Article, so 2 August 1965. There was no doubt that the that a vote of "any nine members of the Se- protocol of entry into force was valid in its curity Council" instead of "any seven mem- entirety. If any part of the provisions of Arti- bers of the Council" would be required for cle 108 of the Charter had not been fulfilled, fixing a date and venue for a General Con- the amendments would not be deemed to have ference to review the Charter. entered into force. The allegations made by As far as paragraph 3 of Article 109 was the USSR, said the representative of China, concerned, the Secretary-General's note con- were untenable both in law and in fact and tinued, no similar amendment was required, could in no way affect the'Validity of the pro- as the provisions of that paragraph had al- tocol or the entry into effect of the amend- ready been complied with. ments. He also recalled that the General Assembly had adopted a resolution on the matter on AMENDMENT TO 3 November 1956 (whereby, among other ARTICLE 109 things, it was decided that a General Con- On 16 September 1965, the Secretary- ference to review the Charter should be held General asked that an item entitled "Amend- "at an appropriate time"3 and that, on 16 ment to Article 109 of the Charter of the December 1955, the Security Council had United Nations" be included in the agenda concurred in that Assembly decision.4). Para- of the General Assembly's twentieth session. graph 3 of Article 109 of the Charter, the In an explanatory memorandum accom- Secretary-General's note added, could there- panying this request, the Secretary-General fore be considered obsolete. drew attention to the fact that, on 31 August The Secretary-General accordingly sub- 1965, the amendments to Articles 23 and 27 mitted a draft resolution, for the Assembly's of the Charter had entered into force, thereby consideration, to enable the necessary amend- increasing the number of members of the Se- ments to be made to paragraphs 1 and 3 of curity Council from 11 to 15 and changing Article 109 of the Charter. the majority votes required for decisions of In 1965, at the Assembly's twentieth ses- the Council from seven to nine. He then re- sion, the Assembly's Sixth (Legal) Commit- ferred to the text of Article 109 of the Char- tee devoted one meeting to the question of ter, paragraphs 1 and 3 of which read as fol- amending Article 109 of the Charter. It was lows: unanimously agreed that paragraph 1 of Arti- 1. A General Conference of the Members of the cle 109 should be amended. United Nations for the purpose of reviewing the In the opinion of the representatives of present Charter may be held at a date and place to Australia, China and the United Kingdom, be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any seven members of the Security Council. Each Member of the United 3 See Y.U.N., 1955, pp. 76-77. 4 Nations shall have one vote in the conference. . . . Ibid., p. 77. 234 POLITICAL AND SECURITY QUESTIONS among others, paragraph 3 of Article 109 had the Assembly would adopt and submit for already been acted upon at the tenth ses- ratification by Member States an amendment sion of the General Assembly and was, in this to paragraph 1 of Article 109, to the effect sense, no longer operative. Nevertheless, it that a vote by any nine Security Council should be retained for historical reasons. The members (instead of a vote by any seven Australian spokesman also pointed out that Council members) would be required for a a practical purpose might be served by re- Council decision on the date and venue of a taining paragraph 3 in its present form, as General Conference of United Nations Mem- the decision at the Assembly's tenth session bers to review the Charter. In addition, the to convene a conference for the purpose of Assembly would also call on all United Na- reviewing the Charter at an appropriate time tions Member States to ratify this amendment had not yet been fully implemented. To de- at the earliest possible date. This draft reso- lete paragraph 3 might give rise to the ques- lution was adopted unanimously by the Sixth tion whether the decision remained in effect. Committee on 14 December 1965. On 20 Czechoslovakia and others considered that any December, this decision was endorsed at a conference convened to review the Charter in plenary meeting of the Assembly with the the future should be convened only under unanimous adoption of resolution 2101 (XX). paragraph 1 of Article 109. (For full text, see DOCUMENTARY REFERENCES Greece proposed a draft resolution whereby below.)

DOCUMENTARY REFERENCES ENTRY INTO FORCE OF AMENDMENTS mously by Sixth Committee on 14 December 1965, TO ARTICLES 23, 27 AND 61 meeting 897. A/6019. Election of non-permanent members of Se- A/6180. Report of Sixth Committee. curity Council; Election of members of Economic RESOLUTION 2101 (xx), as submitted by Sixth Com- and Social Council. Report of Secretary-General, mittee, A/6180, adopted unanimously by Assembly containing "Protocol of Entry into Force of the on 20 December 1965, meeting 1404. Amendments to Articles 23, 27 and 61 of the Charter of the United Nations adopted by the "The General Assembly, General Assembly resolutions 1991 A and B (XVIII) "Considering that the Charter of the United Nations of 17 ." has been amended to provide that the membership of A/6031, A/6055, A/6139, A/6185. Election of non- the Security Council, as provided in Article 23, should permanent members of Security Council; Election be increased from eleven to fifteen and that decisions of members of Economic and Social Council: Note of the Security Council should be taken, as provided verbale of 4 October 1965 from USSR; Note ver- in Article 27, by an affirmative vote of nine members bale of 15 December 1965 from China; Note ver- instead of seven, bale of 2 December 1965 from Czechoslovakia; Note "Considering that these amendments make it neces- verbale of 14 December 1965 from Hungary. sary also to amend Article 109 of the Charter, "1. Decides to adopt, in accordance with Article AMENDMENT TO ARTICLE 109 108 of the Charter of the United Nations, the follow- GENERAL ASSEMBLY—20TH SESSION ing amendment to the Charter and to submit it for Sixth Committee, meeting 897. ratification by the States Members of the United Plenary Meetings 1336, 1404. Nations: " 'In Article 109, paragraph 1, the word "seven" A/5974. Note by Secretary-General requesting inclu- in the first sentence shall be replaced by the word sion in agenda of item entitled "Amendment to "nine"'; Article 109 of the Charter of the United Nations," "2. Calls upon all Member States to ratify the and proposing draft resolution. above amendment, in accordance with their respective A/C.6/L.584. Greece: draft resolution, adopted unani- constitutional processes, at the earliest possible date." COMMITTEE ON ARRANGEMENTS TO REVIEW THE CHARTER The Committee on Arrangements for a Con- United Nations Charter, established on 25 No- ference for the Purpose of Reviewing the vember 1955, was continued by an Assembly QUESTIONS RELATING TO THE UNITED NATIONS CHARTER AND MEMBERSHIP 235 resolution (1933(XVIII)) of 17 December agreement on the objectives sought, which was 1963 and invited to report, with recommenda- not the case at the present time. dations, to the Assembly at its twentieth session The Committee approved, by a vote of 54 in 1965.5 to 0, with 10 abstentions, a resolution, sub- The Committee, consisting of all Members mitted by its rapporteur, by which the Gen- of the United Nations, met on 16 December eral Assembly would decide to keep the Com- 1965. There was a general expression of satis- mittee in being and invite it to report with faction with the ratification of amendments to recommendations to the General Assembly at the Charter which had been adopted by the its twenty-second (1967) session. The Assem- Assembly, increasing the membership of the bly would further recommend the preparation Security Council and the Economic and Social of the supplements to the Repertory of Prac- Council.6 The USSR representative considered tice of United Nations Organs. that the shortcomings of the United Nations The text to this effect was later adopted by should not be attributed to the Charter and the General Assembly, without objection, at a that the potentiality inherent in the Charter plenary meeting on 21 December 1965 as reso- should be fully realized. The United States ob- lution 2114(XX). (For full text, see DOCU- served that a general review conference was MENTARY REFERENCES below.)

not the only means of determining whether 5 See Y.U.N., 1963, pp. 76-77, for text of resolution changes were necessary; such a conference 1933 (XVIII). could be held only when there was general 6 See APPENDIX II for texts of Articles 23, 27 and 61.

DOCUMENTARY REFERENCES

GENERAL ASSEMBLY——20TH SESSION 1993(XVIII) of 17 December 1963 relating to the Plenary Meeting 1407. establishment, under Article 109 of the Charter of the United Nations, of the Committee on arrangements A/5987. Report of Committee on Arrangements for for a conference for the purpose of reviewing the Conference for Purpose of Reviewing Charter. Charter and to the functions entrusted to the Com- RESOLUTION 2114(xx), as proposed by Committee, mittee, A/5987, adopted by Assembly on 21 December "1. Decides to keep in being the Committee on 1965, meeting 1407, without objection. arrangements for a conference for the purpose of reviewing the Charter and invites the Committee to "The General Assembly, report with recommendations to the General Assembly "Recalling the provisions of its resolutions 992(X) at its twenty-second session; of 21 November 1955, 1136(XII) of 14 October 1957, "2. Requests that the work envisaged in paragraph 1381 (XIV) of 20 November 1959, 1670(XVI) of 15 4 of General Assembly resolution 992 (X) should be , 1756(XVII) of 23 and continued."

THE ADMISSION OF NEW MEMBERS The number of United Nations Member States The Maldive rose to 118 in 1965. Three more States— Islands 20 September , the Maldive Islands and Singa- 20 September 21 September pore—were admitted to United Nations mem- The admission of these three States was unani- bership by the General Assembly as recom- mously recommended by the Security Council. mended by the Security Council. The follow- At a plenary meeting of the Assembly on 21 ing table indicates the dates of United Na- September, all three States were also unanimous- tions actions: ly declared admitted to United Nations mem- Date of Council Date of Admission bership. (For texts of Security Council and Applicant Recommendation by Assembly General Assembly resolutions, see DOCUMENTARY The Gambia 15 March 21 September REFERENCES below.) 236 POLITICAL AND SECURITY QUESTIONS

DOCUMENTARY REFERENCES THE GAMBIA A/5981. Letter of 20 September 1965 from President of Security Council. SECURITY COUNCIL, meeting 1190. A/L.463. Australia, Ceylon, , , Kuwait, Malaysia, Malta, Nigeria, Pakistan, United King- S/6197. Letter of 18 from Gambia. dom: draft resolution. S/6226. Ivory Coast, Jordan, Malaysia, United King- RESOLUTION 2009(xx), as proposed by 10 powers, dom: draft resolution. A/L.463, adopted by acclamation by Assembly on RESOLUTION 200(1965) as proposed by four powers, 21 September 1965, meeting 1332. S/6226, adopted unanimously by Council on 15 , meeting 1190. "The General Assembly, "Having received the recommendation of the Se- GENERAL ASSEMBLY——20TH SESSION curity Council of 20 September 1965 i:hat the Maldive Plenary Meeting 1332. Islands should be admitted to membership in the A/5898. Letter of 18 February 1965 from Gambia. United Nations, A/5911. Letter of 15 March 1965 from President of "Having considered the application for membership Security Council. of the Maldive Islands, A/6002. Report of Security Council to General As- "Decides to admit the Maldive Islands to member- sembly, Chapter 10 D. ship in the United Nations." A/L.462. Australia, Canada, Ceylon, Cyprus, , India, Jamaica, Kenya, Malawi, Malaysia, Malta, SINGAPORE New Zealand, Nigeria, Pakistan, Sierra Leone, SECURITY COUNCIL, meeting 1243. Trinidad and Tobago, Uganda, United Kingdom, United Republic of , Zambia: draft reso- S/6648. Cable of 2 September 1965 from Singapore. lution. S/6696. Ivory Coast, Jordan, Malaysia, United King- RESOLUTION 2008(xx), as proposed by 20 powers, dom: draft resolution. A/L.462, adopted by acclamation by Assembly on RESOLUTION 213(1965) as proposed by four powers, 21 September 1965, meeting 1332. S/6696, adopted unanimously by Council on 20 "The General Assembly, September 1965, meeting 1243. "Having received the recommendation of the Se- curity Council of 15 March 1965 that the Gambia GENERAL ASSEMBLY——20TH SESSION should be admitted to membership in the United Plenary Meeting 1332. Nations, "Having considered the application for membership A/5968. Cable of 2 September 1965 from Singapore. of the Gambia, A/5982. Letter of 20 September 1965 from President "Decides to admit the Gambia to membership in of Security Council. the United Nations." A/L.464 and Add.l. Australia, Cambodia, Canada, Ceylon, Cyprus, Ghana, India, Ivory Coast, Jamaica, THE MALDIVE ISLANDS Japan, Jordan, Kenya, Malawi, Malaysia, Malta, New Zealand, Nigeria, Sierra Leone, Thailand, SECURITY COUNCIL, meeting 1243. Trinidad and Tobago, Uganda, United Kingdom, Zambia: draft resolution. S/6645. Letter of 26 August 1965 from Maldive RESOLUTION 2010(xx), as proposed by 23 powers, Islands. A/L.464 and Add.l, adopted by acclamation by S/6695. Jordan, Malaysia, United Kingdom: draft Assembly on 21 September 1965, meeting 1332. resolution. RESOLUTION 212(1965) as proposed by three powers. "The General Assembly, S/6695, adopted unanimously by Council on 20 "Having received the recommendation of the Se- September 1965, meeting 1243. curity Council of 20 September 1965 that Singapore should be admitted to membership in the United GENERAL ASSEMBLY——20TH SESSION Nations, Plenary Meeting 1332. "Having considered the application for membership of Singapore, A/5967. Letter of 26 August 1965 from Maldive "Decides to admit Singapore to membership in the Islands. United Nations."

MATTERS PERTAINING TO 'S MEMBERSHIP IN THE UNITED NATIONS On 20 , it will be recalled, the eign Affairs of Indonesia formally notified the Deputy Prime Minister and Minister for For- Secretary-General of the United Nations by ADDRESS BY POPE PAUL VI TO THE GENERAL ASSEMBLY 237 letter that "Indonesia has decided at this stage now part of general customary international and under present circumstances to withdraw law. No State, it added, could by withdrawing from the United Nations."7 from the Organization avoid some of the fun- In this connexion, in a note verbale of 13 damental obligations laid down in the Charter. addressed to the Secretary-General, In this connexion, the Italian note referred the Italian Government voiced its "apprehen- to Article 2, paragraph 6, and to Chapter VII sion over the disquieting consequences for the of the Charter (for text of these sections of the United Nations resulting from the absence of Charter, see APPENDIX II). It went on to say any mention in the United Nations Charter of that, while respect for the sovereignty of States such an important point as withdrawal from should be safeguarded, States had, by joining the Organization." The declaration on with- the United Nations, renounced those parts of drawal which had been adopted at the San their sovereign capacities which were contrary Francisco Conference, the note verbale stated, to the principles proclaimed in the Charter. did not appear to be entirely adequate as it This point was recognized in a number of post- did not contain any definition of the circum- war constitutions, including that of Italy. stances justifying withdrawal, or any procedure In withdrawing from the United Nations, for determining such circumstances in the fu- the Italian note verbale concluded, a State did ture. The Italian Government hoped that an not cease to be a party to those multilateral appropriate study of the problem, in general conventions concluded under the auspices of terms, would be undertaken in the near future. the Organization to which it had previously As to the statement in the Indonesian letter adhered. of 20 January 1965 to the effect that "Indo- nesia still upholds the lofty principles of inter- 7 See Y.U.N., 1964, pp. 189-91, for a description of national co-operation enshrined in the United this letter, the reply by the Secretary-General, and 8 Nations Charter," the Italian Government ob- letters from Malaysia and from the United Kingdom. served that the principles of the Charter were 8 Ibid., p. 190.

DOCUMENTARY REFERENCES A/5914 (S/6356). Note verbale of 13 May 1965 from A/6002. Report of Security Council to General As- Italy. sembly, Chapter 26.

CHAPTER XVI ADDRESS BY POPE PAUL VI TO THE GENERAL ASSEMBLY

On 4 October 1965, His Holiness Pope Paul the occasion of the twentieth anniversary of this VI addressed a plenary meeting of the twen- world institution for peace and co-operation tieth session of the United Nations General As- among the peoples of all the earth. sembly. Pope Paul spoke at the invitation of "Thanks also to the President of the Gen- the Secretary-General; he was welcomed to the eral Assembly, Mr. Amintore Fanfani, who has meeting by the President of the Assembly and had such kind words for Us from the very day the Secretary-General. he took office. The following is the text (translated from "Thanks to all of you here present for your French) of his address: warm welcome. To each one of you We extend "As We begin Our address to this audience, Our cordial and deferential greeting. Your unique in the world, We wish first to express friendship has invited Us and admits Us to this Our profound gratitude to Mr. Thant, your meeting; it is as a friend that We appear before Secretary-General, for the invitation which he you. extended to Us to visit the United Nations on "In addition to Our personal homage, We