Canberra, 14 May 1971
Secret
Chinese Representation in the United Nations
In a minute of 19th April, 1971 I attached the texts of our two draft resolutions which, taken together, constitute a dual representation formulation.2 Only the operative parts of those resolutions had been considered previously, and accepted as a basis for possible future discussions with our allies. The preambular paragraphs were added when the minute of 19th April, 1971 was circulated.
2. Sir Kenneth Bailey has now refined these texts. They are attached.
3. According to Washington’s 2485 of 8th May, 19713 the White House staff is working on the subject of U.N. representation and is still asking the State Department for additional papers. Although the prospects of the Americans deciding in favour of a DR approach are becoming more remote (as indeed are the prospects of a DR attempt succeeding), I think we should now pass to the Americans the completed texts of our two resolutions. (The Americans have only the operative parts, and in their original form: Sir Kenneth Bailey has amended the final operative paragraph of the draft substantive resolution.)
4. If these texts are conveyed to the U.S., the opportunity might be taken to say that we do not regard the amended Important Question resolution as a procedural gimmick. On more than one occasion the State Department’s U.N. Section has described any I.Q. resolution as a procedural device which had lost its credibility. We should resist firmly any suggestion that a resolution based on Article 18— particularly one that seeks only to protect the rights of a member—is nothing more than a gimmick.
Attachment
REPRESENTATION OF CHINA IN THE U.N.
AUSTRALIAN DRAFT RESOLUTION
Draft I. Q. Resolution
The General Assembly,
Noting that Article 6 of the Charter of the United Nations permits the expulsion of a Member of the United Nations in the case only of a Member which has persistently violated the Principles contained in the Charter, and then only by the General Assembly upon the recommendation of the Security Council,
Considering that by virtue of Article 3 of the Charter the Republic of China, having participated in the United Nations Conference on International Organisation at San Francisco, having signed the Charter and having ratified it in accordance with Article 110, is an original Member of the United Nations,
Recognising that by virtue of Article 18 of the Charter a two-thirds majority of the members present and voting is required for decisions of the General Assembly on important questions, including the expulsion of Members of the United Nations,
Affirms that in accordance with Article 18 of the Charter any question of the expulsion of the Republic of China, the seat of government of which is at Taipei, is an important question within the meaning of that Article.
REPRESENTATION OF CHINA IN THE U.N.
AUSTRALIAN DRAFT RESOLUTION
Draft substantive resolution
The General Assembly,
Considering that the People’s Republic of China is not represented in the United Nations,
Believing that the presence in the United Nations of representatives of the People’s Republic of China would be in the interest of the Organisation,
Noting that China is presently under the effective administration respectively of the People’s Republic of China, with its seat of government at Peking, and of the Republic of China, with its seat of government at Taipei,
1. Invites the People’s Republic of China, as a Member of the United Nations, to take its seat in the Organisation;
2. Decides that the People’s Republic of China, having regard to the territory in which it exercises effective authority, shall succeed to the rights and duties of a permanent member of the Security Council.
REPRESENTATION OF CHINA IN THE U.N.
AUSTRALIAN DRAFT RESOLUTION
(ALTERNATIVE TEXT)
Draft substantive resolution
The General Assembly;
Considering that the People’s Republic of China is not represented in the United Nations,
Believing that the presence in the United Nations of representatives of the People’s Republic of China would be in the interest of the Organisation,
1. Invites the People’s Republic of China, as a Member of the United Nations; to take its seat in the Organisation;
2. Decides that the People’s Republic of China is the permanent member mentioned in paragraph 1 of Article 23 of the Charter.4
[NAA: Al838, 3107/38/18, x]
1 J.W.C. Cumes, First Assistant Secretary, International Organizations Division, Department of Foreign Affairs.
2 The texts included a draft substantive resolution inviting the PRC to take its seat in the United Nations and a draft Important Question resolution affirming that any proposal to expel a member from the United Nations was an important question requiring a two-thirds majority of voting members.
3 Not published.
4 See footnote 4, Document 58.