the united nations and decolonization the role of afro-asia

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THE UNITED NATIONS AND DECOLONIZATION
THE ROLE OF AFRO-ASIA
THE UNITED NATIONS AND
DECOLONIZATION:
THE ROLE OF AFRO - ASIA
by
Y ASSIN EL-A YOUTY
St.John's U~i~siV', New York
•
MARTINUS NIJHOFF / THE HAGUE / 1971
ISBN-13: 978-90-247-5021-4 e-ISBN-13: 978-94-011-7525-8
001: 10.1007/978-94-011-7525-8
© I97I by Marlinus NijlwjJ, The Hague, Netherlands
Softcover reprint of the hardcover 1s t edition 1971
A.U rights resnved, including the right to translate or to
reproduce this book or parts thereof in any form
To the Memory
of my late Mother
Aziza El-Sayed Ahmed El-ShareeJ
and of my late Father
Shaikh El-Sayed Mohammad Mohammad Hassanain El-Ayoury
ACKNOWLEDGMENTS
My interest in undertaking a study in constitutional interpretation
emanates from my earlier areas of specialization in: U.S. political
theory, taught by Professor Edward McNall Burns at Rutgers Univer
sity (1953-1955); U.S. constitutional history, taught by Professor L.
Ethan Ellis, also at Rutgers University (1953-1954); and U.S. con
stitutionallaw, taught by Professor Theodore H. Skinner at New York
University (1958-1959).
This interest in the relationship between constitutional evolution and
institutional behaviour was further broadened and vitalized as a result
of my participation in graduate seminars offered during 1958 and 1959
at New York University in: international relations, jointly by Profes
sors Waldo Chamberlin and Richard N. Swift; constitutionalism and
institutionalism, jointly by Professors Thomas R. Adam and Arnold J.
Zurcher; political theory by Professors Gisbert H. Flanz and Albert
Somit; and international organization by Professor Thomas Hovet, Jr.
Therefore, it is only natural that I should acknowledge my indebted
ness to the valuable contributions made to my academic formation by
these Professors.
In choosing and dealing with the subject of this study, I am very
grateful to my successive advisers, Professors Waldo Chamberlin and
Thomas Hovet, Jr., for their supervision of the methods and contents
of research.
In this respect, I am particularly indebted to Professor Hovet, who
proposed, during the early research stages, organic modifications in my
topic and prodded my thinking along the several themes reflected in
this book.
In addition to Professor Hovet, Professors Flanz and Zurcher read
the manuscript, offering valuable criticisms and suggestions which were
of great advantage to me in the preparation of the final text.
vm ACKNOWLEDGEMENTS
My views on the subject were also influenced by Professor Arnold
Kunst, who was the Secretary of the U.No's Committee on Information
from Non-Self-Governing Territories for several years before its dissolu
tion, and by Mr. M. E. Chacko, who, as Secretary of the Special
Committee of Twenty-Four (on the implementation of the Declaration
on the granting of independence) gave me freely of his time. In this
connection, mention should also be made of the great moral encourage
ment which I received, during various stages of this project, from three
of the Mrican U.N. Under-Secretaries-General, namely Mr. Godfrey
K.J. Amachree formerly of the Department of Trusteeship and Non
Self-Governing Territories, Mr. Gabriel d'Aboussier former executive
Director of the United Nations Institute for Training and Research,
(UNITAR) and Chief S. O. Adebo, presently Executive Director of
UNITAR.*
In collecting the primary sources my task was substantially facilitated
by several friends including Mr. Badr Kasme of the U.N. Library at
Geneva's Palais des Nations; Messrs. Raymond Logan, William Meck
and Alfred Moss of the U.N.'s Dag Hammarskjold Library in New
York; Mrs. Rothman and Mr. Hamid Reza of the U.N. Collection of
the Library of N ew York University; and the staff of the New York
City Public Library.
It is with gratitude that I acknowledge the help given by Miss
Nelida Brosa who has assisted me in the organization of my final pro
duct and patiently typed the entire manuscript.
I should also add, with a deep sense of appreciation, that throughout
the years of research and writing, both my late father, Shaikh EI-Sayed
Mohammad Mohammad Hassanian EI-Ayouty, and my brother, Dr.
Hassan EI-Ayouty, have made a point of inquiring about my progress
in every piece of mail which I received from our village, namely,
Kanayat, Zagazig, Sharkia, Egypt, U .A.R.
It goes without saying that I am fully responsible for any errors of
judgment or evaluation which might be found to be contained in the
book.
*
The final chapter covering the main developments from 1963 to 1970 was suggested by
Mr. Oscar Schachter, Deputy Executive Director and Director of Research, UNITA R. I am
grateful for his suggestion as well as for several inspiring ideas received from him.
FOREWORD
When the United Nations' Charter was signed in San Francisco in
1945, the number of African member states of the Organisation was
only 4. By the end of 1960 it had risen to 22. Today it is 41. How has
this come about?
The answer is given in this valuable book by Dr. Yassin EI-Ayouty.
The handful of Asian and African countries who had the privilege of
foundation membership made it their business to see to it that their
brethren who were still under the colonial yoke attained their freedom
and independence as soon as possible and, in the meanwhile, that they
were treated with decency and fairness by their colonial masters. It was
a tough assignment. The struggle was long, requiring a great deal of
patience and endurance. It was at times fierce, requiring much dogged
resolution. It also called for the deployment of intellectual agility ofthe
highest order. Fortunately all these qualities were available in the rep
resentatives of Asia and Africa who led the great struggle. These dis
tinguished delegates also demonstrated a wonderful degree of solidarity
which has, happily, become an Afro-Asian tradition at the United
Nations.
The battle began even before the Organisation had itself become a
fact. It would have been a more difficult struggle, had there been no
provision in the Charter at all in respect of colonies, by whatever name
called. Chapter XI, even in the unsatisfactory text in which it was
finally admitted, was not inserted in the Charter without a fight.
Many lessons can be drawn from the story of this struggle, so elo
quently told by Dr. El-Ayouty. One of them, surely, is the wisdom of
exploiting to the utmost the provisions of the Charter, of the United
Nations, and recognising that to do this with success requires ajudicious
ensemble of intellect, courage, firmness and tact.
Dr. El-Ayouty has rendered great service to Africa, to Afro-Asian
x
FOREWORD
solidarity, to the cause of decolonisation (still very much an unfinished
business) and to the United Nations by his choice of subject and by his
competent handling ofit.
New York City S.O.ADEBO
May 1970 Under-Secretary-Generalof
the United Nations and
Executive Director of UNITAR
LIST OF ABBREVIATIONS
(in order of appearance in text)
ORGA: Official Records of the United Nations General Assembly.
NSGT: Non-Self-Governing Territories.
The Declaration on the Granting of Independence: The Declaration
on the Granting of Independence to Colonial Countries
and Peoples.
The Special Committee ofS eventeen (later ofT wenty-Four) : The Spe
cial Committee on the Situation with Regard to the Im
plementation of the Declaration on the Granting of In
dependence to Colonial Countries and Peoples.
UNCIO: United Nations Conference on International Organiza-
tion.
Doc.: Document.
NSG: Non -Self-Governing.
ECOSOC: The Economic and Social Council.
UNESCO: The United Nations Educational, Scientific and Cultural
Organization.
ILO: International Labour Organization.
FAO: Food and Agriculture Organization.
WHO: World Health Organization.
EEC: European Economic Community (popularly known as
the European "Common Market").
OAU: The Organization of African Unity.
T ABLE OF CONTENTS
Acknowledgments VII
Foreword by Chief S. O. Adebo IX
List of Abbreviations XI
Introduction XVII
PART I
IDEOLOGICAL BACKGROUND OF THE INTERPRETATION
OF THE UNITED NATIONS ROLE
TOWARD NON-SELF-GOVERNING TERRITORIES
CHAPTER I: THE EFFECTS OF WORLD WAR II ON THE AFRO-ASIAN POSITION AT THE
SAN FRANCISCO CONFERENCE 3
A. Impact of World War II on the Colonial Problem 3
B. Anti-Colonial Declarations and Principles Formulated During the War 10
C. Evolution of Chapter XI at the San Francisco Conference 16
I. Article 22 of the Covenant of the League of Nations 16
2. Main Proposals at San Francisco 17
3. "General Policy" in the Working Paper 22
4. Adoption of the Declaration 26
CHAPTER 2: THE DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES
AND THE CONCEPTS OF INTERNATIONAL RESPONSIBILITY FOR COLONIAL AD-
MINISTRATION 29
A. Nature of the Obligations under Chapter XI 30
I. The Text 30
2. Terminological Ambiguity 32
3. Institutional Effects of Ambiguity 32
4. The Afro-Asian Juridical and Non-Juridical Approaches 34
B. Conceptual Evolution of International Accountability 37
I. The Beginnings ofInternational Accountability Under Chapter XI 37