44. On behalf of my delegation, Sir, may I convey to you our sincere congratulations upon your election to the high post of President of this Assembly. Your long experience as the leader of your country's delegations to the United Nations, coupled with your considerable experience as Chairman of Assembly Committees, eminently fits you for the task of guiding the deliberations of this Assembly. My delegation knows that you will maintain the high standards of fairness and impartiality set by your distinguished predecessor, Sir Leslie Munro, and I am glad to be able also to pay that tribute to him.
45. When last I spoke from this rostrum in a general debate, it was my unpleasant duty to inform the Assembly that in future the Union of South Africa would maintain only a token or nominal representation in this Assembly and also at the Headquarters of the United Nations. That decision was not lightly taken. It was a decision which could be justified only by reasons of a compelling nature.
46. The records of the United Nations bear testimony to the nature and the validity of these considerations and to the manner in which our undoubted rights, solemnly inscribed in the Charter, have been denied us ever since the establishment of the Organization, despite the clear injunction contained in Article 2 (7) of the Charter that the United Nations shall not intervene in the domestic affairs of Member States.
47. At the same time, these records provide abundant proof of the patience with which for twelve years in succession South African delegations have borne the attacks that have been made on our country. Repeatedly during the past, twelve years we have demanded that ,our country’s rights be respected — that the United Nations should adhere to the Charter, and honour the constitutional guarantees against the invasion of a Member State's sovereignty — guarantees which South Africa accepted in good faith when our Parliament ratified the Charter.
48. National honour is not the prerogative of the great and the powerful, and there comes a time when no country with any sense of pride and self-respect can continue to tolerate a flagrant Invasion of its domestic and sovereign rights. Indeed, the records of the United Nations also testify to the number of occasions when other delegations have not hesitated to claim, and indeed to demand, the protection of Article 2 (7) for themselves, when their own domestic affairs were involved or when they felt that their sovereign rights were being impugned.
49. In 1956, at the eleventh session [577th meeting], I said that it would be the last occasion upon which a South, African delegation would argue South Africa's case against intervention in our domestic affairs. I adhere to what I then said. It is not my intention to restate or to argue our case today. It stands on record, unanswered and valid.
50. Upon my return to South Africa after the 1956 session, I pointed out that the policy of "token representation" could not be maintained indefinitely, and that sooner or later the question as to whether South Africa should continue its membership of the United Nations would have to be considered.
51. Needless to say, the proceedings of the 1957 session of the General Assembly were followed with keen interest in my country. What happened during last year's Assembly? Once more South Africa's internal affairs were discussed, our sovereignty invaded, and our rights as a Member State denied us. Once more, certain delegations indulged in unwarranted attacks on my country in connexion with the conduct of our domestic affairs.
52. But, happily, there was another side to the picture. In contrast to What happened in past years, a number of delegates in the course of the debates went out of their way to show a greater measure of respect for our national susceptibilities and an appreciation of bur legitimate sense of injustice. Moreover, many delegations, both inside and outside the Assembly, expressed a desire that South Africa should once again play its full part in the Organization. My Government was impressed by this more conciliatory attitude adopted towards South Africa in the debates, also by delegations which in past years had shown little sympathy for South Africa's point of view. Of particular importance in this connexion were the discussions in the Fourth Committee on the question of South West Africa, and more particularly the decision to set up a Good Offices Committee.
53. We noted the attitude of those delegations which conceived the idea of a "new approach" — designed to resolve an issue which in the past contributed to the growing estrangement between the Union of South Africa and the United Nations. I would today express my appreciation to those who developed the "new approach", and for their efforts to deal with this difficult problem in accordance with the spirit of the Charter and in a manner which is consistent with the real purpose of the United Nations. Whether their efforts will succeed, whether our efforts to co-operate with the Good Offices Committee will succeed, will of course depend upon the manner in which the matter is dealt with in the appropriate committee.
54. But, having said that, I wish to state that it was with surprise, also with a sense of shock, that we learned from a press report in the South African papers, only a few days after the Good Offices Committee had handed its report to the Secretary-General, and while this matter is still sub judice. that the United Nations standing Committee on South West Africa had granted an oral hearing to a private individual, representing himself to be the agent of a relatively small group of natives in South West Africa, who then proceeded to launch a violent, indeed a vicious, attack on my Government, and incidentally also attacked the Good Offices Committee. The press dispatch has since been confirmed by the report of the Committee's proceedings.
55. The standing Committee was aware of the fact that successive South African delegations have strongly protested against the granting of oral hearings — a procedure which was not permitted by the Mandates Commission of the defunct League of Nations, of which the United Nations professes to be the successor. The Committee must also have been aware of the fact that the report of the Good Offices Committee is still to be considered by the Fourth Committee and later by this Assembly, and is thus still sub judice.
56. This action of the standing committee on South West Africa, I submit — and I submit this with full respect for that Committee, cannot but prejudice the consideration of the Good Offices Committee's report when it comes before the Fourth Committee and, afterwards, before this Assembly. It is clear that the oral evidence which was given to the standing Committee was an attempt to sabotage the work and the report and recommendations of the Good Offices Committee. That is clear from a statement which was made to the Committee that "This is not something on which a deal can be made in a spurious spirit of conciliation". I prefer not to comment on the spurious sense of morality which is demonstrated by that statement.
57. However, in spite of this somewhat surprising action of the standing Committee on South West Africa, the Union Government is fully prepared to proceed with the discussions. We are prepared to proceed with the investigations envisaged in the report of that .Committee. But I do wish to make it perfectly clear that if the attitude of the standing Committee on South West Africa which led to the granting of the Oral hearings should also prevail in the Fourth Committee when the matter is considered there then I see little hope of progress. I trust that wiser counsels will prevail. I shall deal with this matter further when it is considered by the Fourth Committee.
58. Now I return to a more pleasant matter, namely, the more friendly approach and more conciliatory attitude shown towards South Africa in the debates of the last session of the General Assembly. That more conciliatory approach was the determining factor in my Government's decision to return to the United Nations resolved to play its part as an active Member of this Organization. But I think that it is only fair to the Assembly that I should add that if that more conciliatory attitude had not been shown at the last session the decision to return would decidedly not have been taken. I would add that the decision of 1956 to maintain only a token representation and the subsequent decision to return received the support of both the two main political parties in my country.
59. We are under no illusions as to what may still happen. We have no doubt that certain delegations will continue to attack South Africa and to drag South Africa's domestic affairs into this Assembly Whilst, however, vehemently protesting whenever any attempt is made to discuss their own domestic affairs, or whenever their own nation sovereignty is in danger of being impugned. We heard such protests not so long ago when the matter of the Middle East situation was being discussed by the Security Council. Once more attempts will be made, I have no doubt — indeed, this was done this afternoon by the previous speaker — to circumvent Article 2 (7) by appealing to Articles 55 and 56 relating to fundamental human rights and freedoms, despite the fact that, as we have pointed out at three previous sessions, the plenary session at San Francisco in 1945 decided unanimously that nothing contained in the articles dealing with fundamental human rights "can be construed as giving authority to the Organization to intervene in the domestic affairs of Member States".
60. Then, once more, we can expect in connexion with the Indian issue the fairy tale, shall I say, of the so-called Cape Town Agreement, the so-called international agreement. On previous occasions my delegation has given the true facts, and it is not my intention to repeat them today. In connexion with these facts from South Africa, my delegation sincerely hopes1 fiat Members of the United Nations will come 16 realize that this Organization, beset as it is with serious problems which have to be resolved, cannot afford the luxury of this forum's being used for the prosecution of private vendettas. We are convinced that unless unconstitutional practices and the prosecution of ideological and other differences are discontinued then the ideals of those who established the United Nations and who drafted our Charter cannot be realized. What is more important is that if these practices are continued in the future the Organization will be in danger of ultimate collapse.
61. I come now to the question of what is going to be the attitude of the South African delegation if, during the course of the present session of the Assembly, either here or in the Committees, an attempt is made, as it will be made, to interfere in our domestic affairs. Like all nations, great or small, South Africa cannot countenance such an invasion of its sovereign rights or such a continued Interference in its domestic affairs. We have always regarded as ultra vires the Charter the inscription or discussion of, or any resolution by this Assembly on, any matter which, in the opinion of the South African Government, is a matter which falls within the domestic jurisdiction of South Africa. I wish to repeat the statement I made on Monday when the debate on Inscription took place [752nd meeting, para. 31], and I want to say that the South African delegation, having on Monday recorded its objection to the placing of items 62 and 67 on the agenda, will Ignore all discussions dealing with either of those items and will, equally, ignore any resolutions adopted by the United Nations concerning them. I would add that our attitude is without prejudice to our legal position and, furthermore, must not be regarded as in any way implying any measure of indifference on our part. We are acting on the principles by which South Africa has always stood.
62. If, of course, there are delegations which wish to continue acting in contravention of a fundamental principle of the Charter then they are free to do so, it is a matter between them and their consciences. But I would leave with those delegations two thoughts. First, it might be prudent for them to consider whether, in the terms of the well-known legal maxim, they have come to the court — the court being the United Nations with — "clean hands", I have no desire to embark upon any incursion into the domestic affairs of other Member States, but I do venture to suggest that practices and conditions prevailing in other countries expose the injustice and the hollowness of the attacks that have been made upon South Africa during the past twelve years.
63. I would leave a second thought with those who would deny to South Africa the protection of Article 2 (7). I suggest that it might be wise for them to consider to what extent their continued intervention in the domestic affairs of another State may compromise their own Governments and their own countries. If the United Nations is to play its part in world affairs it cannot afford what is generally known as a "double standard" policy. It cannot regard the actions of one State as being constitutional and at' the same time condemn similar actions by another State as unconstitutional.
64. This concludes my remarks on South Africa's position in and its relations with the United Nations. I now propose to deal with the United Nations as an organization, and more particularly do I propose to deal with the deficiencies in the Charter and the defects in the United Nations procedures which have prevented the Organization from achieving the objectives or living up to the ideals of its founders.
65. If the United Nations is to be an effective instrument in the preservation of peace, it is essential that its activities be subjected to continued scrutiny and that its defects, whether organic or functional, be discussed frankly.
66. Prominent world statesmen, during past years, have directed attention to the distressing and disturbing fact that the United Nations gradually has been moving away from the ideals of those who drafted the Charter at San Francisco in 1945. 1 do not intend to take up the time of the Assembly in quoting their views. I wish to refer briefly to only three of them. I am sure that this Assembly will be prepared to listen to the view expressed by Mr. Paul-Henri Spaak, one of the founders of the United Nations and a former President of the General Assembly. Writing in the well-known journal Foreign Affairs, in January 1957, he said: "… from the start I had excessively great hopes for this. Organization. Too often they have been dashed. Those who do not know the inner workings of the United Nations... its oft-demonstrated inefficiency — in short, those who are acquainted with it only from the outside and hark back to its generous principles and noble ideals — all these have held fast, to their original confidence and faith. "... I only wish that I could still number myself among the faithful. And yet I honestly cannot. On the. contrary, it seems to me that never before has the insufficiency of the United Nations as at present constituted stood out so clearly. In spite of its apparent success, I believe that it has never come so near to the brink of failure."
67. Other authorities have expressed similar views. Speaking in London last year, the Prime Minister of Australia, Mr. Robert Menzies, said: "... Great changes will have to be made in the procedures and attitude of the United Nations if the Charter is to be effective. The procedures of the Assembly are unsound and must be remodelled upon a basis of justice for all."
68. The Conference of Commonwealth Prime Ministers, held in London in June of last year, gave special attention to the subject of the United Nations and, in the final communique issued by the Conference, there appeared the following significant pronouncement: "The United Nations was designed to provide one of the main opportunities for the practical exercise of the principle of co-operation between nations. Experience has, however, revealed certain deficiencies and weaknesses in the functioning of the Organization. The Commonwealth Ministers agreed that constructive action is needed to strengthen and improve the United Nations as an instrument for preserving peace, justice and co-operation throughout the world in accordance with the principles of the Charter."
69. This statement by the Commonwealth Prime Ministers', couched as it is in careful and restrained language, coupled with the. opinions expressed by Mr. Spaak, Mr. Menzies and other eminent persons, give powerful support to the views which are held by my Government regarding the state of affairs which has gradually developed within the United Nations. I say that these three quotations convey a clear message and merit serious consideration.
70. Admittedly great changes have taken place in the international sphere since the United Nations was founded in 1945. We are living in a different World today. The original conception Of the United Nations as a "town meeting of the world", where international differences could be settled by peaceful means, has, I am afraid, proved to be an idle dream — one might say, a pipe dream. Since 1946, the world has passed through a succession of crises, each one more serious than the one before. I need but remind the Assembly of the growth of international tension since 1956, when last I participated in the general debate. Recent events in the Middle East are still fresh in our mind. There is the present serious situation in Formosa.
71. I am not suggesting that the United Nations has been without success. After all, the United Nations Emergency Force "was sent to guard the Israeli-Egyptian frontier, and it is now proposed that certain United Nations agencies will operate in the Middle East. I am obliged, however, to point out that experience has shown that the United Nations was powerless to act in the initial stages of these crises and that the Organization came into the picture only after the great Powers had taken the initiative. That fact must be recognized if we are to be objective in our approach, if we are not blindly to condemn, nor equally blindly to approve, the part played by the United Nations in these crises.
72. It is our view that the great changes which have taken place in world conditions since the establishment' of the United Nations have had the effect of rendering certain provisions of the Charter unrealistic. Indeed, I would say that some of them have become dangerous.
73. If we are to seek what the Commonwealth Prime Ministers described as "certain deficiencies and weaknesses in the functioning of the Organization", then it would appear that sufficient account has not been taken of the human factor — human nature. It would appear that those who drafted the Charter did not sufficiently bear in mind that the average person is concerned primarily with safeguarding his own interests. This almost universal characteristic of human nature applies equally to groups of persons — the family, the community, the nation — with the result that those whose interests are similar seek to group together in order to safeguard, as well as to protect, their common interests.
74. In the international sphere there have been, from the earliest times, pacts and alliances, sometimes for defensive purposes, sometimes with less commendable intentions. After the First World War, the nations of the world got together and created the League of Nations for the purpose of promoting peace and international co-operation. This was followed by the creation of the United Nations after the Second World War. Unfortunately, in both those Organizations sufficient account was not taken of these characteristics of human nature: the tendency of the average person, of the community and of the nation, to protect their own interests. We have seen, both in the defunct League of Nations and also in the United Nations, delegations acting only too often in concert for the protection or promotion of what they conceive to be their common interests. This accounts for the formation' of groups-and blocs in the Assembly of the United Nations. The. tendency to promote or safeguard national interests is responsible, I believe, in a very large measure for the ideological and propaganda war, for which this Organization provides a convenient battleground.
75. The deficiencies and weaknesses of the Organization are also in a large manner, we believe, due to the fashion and can be ascribed to the manner in which the provisions of the Charter are being interpreted and applied. These weaknesses, these deficiencies are functional rather than organic. But they can be remedied only by a firm resolve to apply the Charter as conceived, as drafted, and as accepted by. the respective Governments; or, alternatively, to revise the Charter, where necessary, in the light of experience and changed international conditions.
76. Admittedly the United Nations cannot remain static. It must develop in accordance with changes in the International sphere: We cannot, however, agree with those who would have us believe that the United Nations General Assembly has developed into what they term a sort of world parliament. Apart from the impracticability of such an approach, there is also the juridical aspect. International contractual obligations cannot be increased without the consent of all the States concerned. The United Nations has no greater authority than what it derives from the Charter, and the Charter for its part is an international instrument which can legally be amended only by the processes provided for in the Charter. We in South Africa have noted with concern how in recent years there has been a tendency to amend the Charter by a process of interpretation. Such a process places the United Nations at the mercy of a chance majority. In any case, it is unconstitutional.
77. I repeat that we in South Africa can never agree to the conception of the United Nations or this Assembly as a world parliament clothed with authority to over-ride the will of sovereign parliaments.
78. I repeat that the source of many of the ills of the United Nations lies in the manner in which the provisions of the Charter are interpreted and applied in practice. What is required is to restore confidence in the United Nations, confidence which during recent years has been undermined by practices which have developed within the Organization.
79. I have said that the Charter suffers from certain defects. I have said that revision of the Charter seems to be indicated. Great-Power solidarity, which followed upon the Second World War, unfortunately no longer exists, and that has been held as a reason for continually postponing what should have already taken place after ten years, a probable revision of the Charter.
80. Meanwhile, in the Words of Mr. Paul-Henri Spaak, "never before has the insufficiency of the United Nations as at present constituted stood out so clearly".
81. We in South Africa believe that the revision of the Charter has become an urgent necessity and, in the opinion of my Government, should receive early attention.
82. Among other things — and I am merely throwing this out as a Suggestion — consideration might be given to the system of voting whereby a group of smaller States, acting in. concert, is able to thwart of to impose its will on certain great-Powers which, in the case of threatening aggression, have, to step in and bear the responsibility for the maintenance of peace. I fully realize that that is a very thorny question, and it will require very careful examination. I am not expressing air opinion one way or the other. It is, however, a situation, a position which has hitherto militated against rapid and effective action by the United Nations.
83. I have mentioned that one aspect of the Charter which appears to call for revision. There are also others. But it seems to me that unless remedial action is taken, there is a real danger that the United Nations will resolve itself into what an eminent statesman once described as a condition of "organized chaos”; or, alternatively, that it will degenerate into a sort of international debating society — albeit a very dangerous one.
84. I announced earlier in my speech this afternoon the intention of the Union Government to participate fully in the work of the United Nations. It will be our endeavour, the endeavour of this and future South African delegations, to assist in making the Charter more effective in pursuing its main objective, which is to harmonize the actions of nations. It is for that reason that I have dealt with the Organization as such — with its organic weaknesses and its functional defects — and in doing so have suggested certain remedial action. It is the belief of my delegation that to close our eyes to the weaknesses and defects of the Organization and to pretend that they do not exist would be merely to deceive ourselves and to assist this Organization on a downward course which, in course of time, must lead to ultimate collapse.
85. The United Nations was intended to be a tremendous force for good. That was the ideal of its founders. The United Nations was never intended to be an end in itself, but a means to an end. That end is peace and harmony among nations. If the United Nations lives up to the ideals of San Francisco, its existence will be justified. If, on the other hand, the United Nations brings discord, if it serves as a source oi estrangement, as a source of conflict, then it cannot and it will not survive.
86. I conclude my remarks with the words I used at San Francisco at the Commemorative Assembly three years ago in 1955. Those words were: "We must get back to the spirit of San Francisco."