Sunday, May 19, 2013
COMPLAINT BY PORTUGAL (GOA)
By letter 454 dated 18th December 1961, the permanent representative of Portugal informed the president of the Security Council that the government of India had followed up its build-up of armed forces and provocation –some of which had been mentioned in his letters to the President of the Council dated 8th, 455; 11th 456 and 16th 457 December 1961 with a full –scale unprovoked armed attack on the territories of Goa, Damao and Diu, comprising the Portuguese State of India. The aggression now committed was a flagrant violation of the sovereign rights of Portugal and the Charter of the United Nations. Consequently, the Government of Portugal requested the President of the Council to convene the Security Council immediately to put an end to India’s act of aggression, to order an immediate cease fire and the withdrawal forthwith of all the invading Indian forces from the Portuguese territories of Goa, Damao and Diu. In the meantime and until the Security Council had taken the above-mentioned measures, Portugal had no alternative but to defend itself against aggression.
458 – At the 987th meeting on 18 December 1961, the Security Council decided by 7 votes in favour to 2 votes against, with 2 abstentions, to include the item in its agenda.
459 – The Security Council considered the question at the 987th and 988th meetings on 18 December 1961. The representatives of Portugal and India were invited to take part in the discussion
460 – At the 987th meeting the representative of India stated that the Portuguese Government had refused repeated requests of the Government of India to negotiate the transfer of the Portuguese possessions in India and invented a legal fiction that they were a part of Portugal. The question before the Council was a colonial question in the sense that part of Indian territory had been illegally occupied by conquest by Portugal. Portugal had no sovereign right over that territory and there was no legal frontier between India and Goa since Goa was an integral part of India. Therefore, a question of aggression could not arise. The only thing the Security Council could do was to tell Portugal to vacate Goa, Damao and Diu, and to give effect to the numerous resolutions of the General assembly with regard to the freedom of dependent peoples.
461 – At the 988th meeting on 18 December 1961, the representative of the United States introduced a joint draft resolution co-sponsored by France, Turkey and the United Kingdom, whereby the Security Council would: (1) call for an immediate cessation of hostilities; (2) call upon the Government of India to withdraw its forces immediately to positions prevailing before 17 December 1961; (3) urge the parties to work out a permanent solution of their differences by peaceful means in accordance with the principles embodied in the Charter; and (4) request the Secretary–General to provide such assistance as might be appropriate.
492 – At the meeting, the representative of Ceylon (Sri Lanka) introduced a joint draft resolution co-sponsored by Liberia and the United Arab Republic (Egypt), according to which the Security Council would: (1) decide to reject the Portuguese complaint of aggression against India; and (2) call upon Portugal to terminate hostile actions and co-operate with India in the liquidation of her possessions in India.
463 – At the same meeting, the joint draft resolution submitted by Ceylon (Sri Lanka), Liberia and the United Arab Republic (Egypt) ws rejected; there were 4 votes in favour and 7 against
464 – The joint draft resolution submitted by France, Turkey, the United Kingdom and the United States failed of adoption. There were 7 votes in favour and 4 against (one of the negative votes being that of a permanent member)[USSR or Russian veto]
The question remained on the list of matters with the Security Council is seized.