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196 at the Same Meeting, the Representative Oftheussr 196 Chapter VIII. Maintenance of international peace and security At the same meeting, the representative oftheUSSR titles 34, 35 (l), 52 (4), 103, 24 (1) and 31 of the proposed that in operative paragraph 1 of the Turkish Charter, and on the relevant rules of procedure of draft resolution, after the words “had not been fully the Security Council. carried out”, be added the words “by Francen, and At the 980th meeting on 22 November 1961, the that, in operative paragraph 2, after the words Ymple- Council included the question in its agenda.9 The mentation of that resolution” be added the words “by President (USSR) invited the representatives of Cuba France”.*/ and the Dominican Republic to participate in the At the 966th meeting, the Council proceeded to vote debate.m The Council considered the Cuban com- on the draft resolutions and the amendment before it. plaint at its 980th, 981st and 983rd meetings held on The first draft resolution (S/4903) submitted by Ceylon, 22, 24 and 28 November 1961. Liberia and the United Arab Republic was not adopted, there being 4 votes in favour, none against and Decision of 28 November 1961 (983rd meeting):State- 6 abstentions.m The second draft resolution submit- ment by the President summing up the consensus in ted by Ceylon, Liberia and the United Arab Republic the Council was not adopted, there being 4 votes in favour, none At the 980th meeting on 22 November 1961, the against and 6 abstentions.9 The USSRamendment to representative of Cuba* asked the Council tocondemn the Turkish draft resolution was not adopted, there the United States as an aggressor, and to demand the being 4 votes in favour, none against and 6 absten- immediate withdrawal of U.S. Forces from the coasts The draft resolution submitted by Turkey was tions.444’ of the Dominican Republic . @?/ not adopted, there being 6 votes in favour, none against and 4 abstenti0ns.w The representative of the United States observed that the charge that the United States was planning The President (Ecuador) noted that France had not armed intervention in the Dominican Republic was participated in the voting. totally without foundation, and at no time had the land, The President expressed his concern at the fact sea or air forces of the United States been present that the Council had concluded its discussion without in the territorial waters or airspace of the-Dominican having arrived at a positive resolution. He expressed Republic. The friendly presence of the U.S. fleet on the hope that the good will of the countries concerned the high sea-= of the Caribbean was undertaken with and their understanding of their duties would lead to the full knowledge of the constitutional authorities of the full implementation of the only resolution that the the Dominican Republic, who were struggling to free Council had been able to adopt on the matterM that nation from years of dictatorship. It was sur- prising, however, that the accusation of intervention was made not by the Dominican Republic but by Cuba. COMPLAINT BY CUBA The real threat to the peace and security of the hemi- (LETTER OF 21 NOVEMBER 1961) sphere, he asserted, rested with a Government aided INITIAL PROCEEDINGS by the Communist bloc, which was attempting to frustrate the efforts of the Dominican people to achieve By letter43 dated 21 November 1961 addressed to a new and democratic life for their c0untry.m the President of the Security Council, the represen- tative of Cuba stated that the UnitedStates was carry- At the 981st meeting on 24 November 1961, the ing out a plan of armed intervention in the Dominican representative of the Dominican Republic* expressed Republic in violation of that country’s sovereignty. He regret that Cuba had misused the right granted to asserted that United States warships and aircraft Members under Article 35 in a case that fulfilled . carriers had been dispatched to Santo Domingo waters, none of the prerequisites mentioned in Article 34. from which flights had been launched over Dominican The Dominican Republic had traditionally been very territory with no justification expect force and intimi- conscious about its sovereignty, and there was no dation. Such actions, he added, infringed on the basic United States interference in Dominican internal principles of the United Kations Charter and those of affairs. Instead, full United States respect for that the Charter of the Organization of American States country’s sovereignty was manifest. Further, the and were consequently endangering international peace United States had not violated international law since and security. Furthermore, if allowed to go unpro- it had not intruded into the Dominican Republic% tested, they could become a precedent for United territorial waters. The United States patrolled the States intervention in the internal affairs of other high seas which was within its rights. The Dominican countries of Latin America and thus affect their representative suggested that since Cuba had raised struggle for self-determination. The request for a the same complaint before the Organization of meeting of the Security Council was based on Ar- American States the Council might abstain from con- sidering it. In so doing, the Council wouldbe respect- .k!.L./ 966th meeting: paras. 59-60, 62. ing Articles 5 2 to 54 of the United Kations Charter.%/ 64. One permanent member did not par- 442/ 966th meeting: para. The President, in summing up the debate at the ticipate in the voting. 443/ 966th meeting: para. 65. One permanent member did not par- 983rd meeting on 28 November 1961,.453/stated that ticipate in the voung. @I 980th meeang: preceding para. 1. -Y!k!/ 966th meeting: para. 66. One permanent member did not par- acipate in the v0tir.g. * 980th meeung: paras. 1 and 50. 44j/ 966th meeang: para. 67. One permanent member did not par- ~ 990th meeting* . paras. 430. ticqate in the voting. a/ 9SOth meeang: paras. 31-16. 4461 966th meeting: para. 78. 452/ 981st meeung: paras. 3-30, 3-141. 51 S/4392, O.R., 16th year, Suppl. for Oct.-&c. 1961, pp. 139-141. 453/ 353rd meeur.g: para. 17Q. Part II 197 not much could be gained from prolonged discussion ,U the 987th meeting the representative of India* at that stage and that if there were no objections he stated that the Portuguese Government had refused would close the meeting, leaving the matter on the repeated request s of the Government of India tonego- agenda in case further discussion should prove neces- ti:ite the transfer of the Portuguese possessions in sary. There was no objection. India and invented a legal fiction that they were part of Portugal. The question before the Council was a colo- COMPLAINT BY PORTUGAL (GOA) nial question in the sense that part of Indian territory had been illegally* occupied by conquest by Portugal. INITIAL PROCEEDIXGS Portugal had no sovereign right over that territory By 1etterB’dated 18 December 1961, the permanent and there was no legal frontier between India and Goa representative of Portugal informed the President of since Goa was an integral part of India. Therefore, a the Security Council that the Government of India had question of aggression could not arise. The only thing followed up its build-up of armed forces andprovoca- the Security Council could do was to tell Portugal to tion-some of which had been mentioned in his letters vacate Goa, Damao and Diu, and to give effect to the to the President of the Council, dated 8,455/ 11 ,s numerous resolutions of the General .\ssembly with and 164”‘/ December 1961-with a full-scale unpro- regard to the freedom of dependent peoples.“60/ voked armed attack on the territories of Goa, Damao At the 988th meeting on 18 December 1961, the and Diu, comprising the Portuguese State of India. The representative of the United States introduced a joint aggression now committed was a flagrant violation of draft resolution4” co-sponsored by France, Turkey the sovereign rights of Portugal and of the Charter of and the I’nited Kingdom, whereby the Security Council the United Kations. Consequently, the Government would: (1) call for an immediate cessation of hostilities; of Portugal requested the Presilent of the Council to (2) call upon the Government of India to withdraw its convene the Security Council immediately to put an forces immediately to posi;ions prevailing before end to India’s act of aggression, to order an immediate 17 December 1961: (3) urge the parties to work out a /-. - 2 fire y.f:‘, tl-e li*itb. !y.-:-:.‘ ‘:-irthwit! nf d! tke perr-r.a:,2nt soLiti01. of 1Lt-ir diiizrence5 hy--ptzaceful invxiing Indian forces from the Portuguese territories means in accordance w’ith the principles embodie‘if in of Goa, Damao and Diu, In the meantime and until the the Charter; and (4) request the Secretary-General to -C 22rity Council had ta-ken the above-xxenti?ned provicie such as% -,lilce as i..ight be approprihtz. measures, Portugal had no alternative but to defend itself against aggression. At the same meeting, the representative of Ceylon introduced a joint draft resolution 46’i co-sponsored At the 987th meeting on 18 December 1961, the by Liberia and the Cnited .Qab Republic, according Securitv w Council decided by 7 votes in favour to 2 to which the Security Council would: (1) decide to against, with 2 abstentions, to include the item in its reject the Portuguese complaint of aggression against agenda. 455/ India; and (2) call upon Portugal to terminate hostile The Security Council considered the question at actions and to co-operate with India in the liquidation its 98ith and 983th meetings on 18 December 1961.
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