1946-11-23 — Page 6

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THE CHINA MAIL. SATURDAY, NOVEMBER 23, 1946,

SMUTS AGREES TO DISCUSSION OF

COMPLAINT AGAINST S. AFRICA DACIFIC FAR EAST LINE

New York, Nov. 21.

General Jan Smuts, South Africa's Premier, agreed at a joint session of the Legal and Polf- tical committees of the United Nations to night to a full discussion of India's complaint about the treatment of Indians in South Africa without admitting the right of the United Nations to intervene in this matter.". After asserting there had been grave exaggera- tions and misstatements of facts, General Smuts said: "The situation of Indians in the Union of South Africa does not call for any action on the part of this organisation. It is my earnest submission to you' that it is not merely a question affecting Indians in South -Africa, or the immediate relation between the Government of India and the Union of Southị Africa,

the

From uncertainty as to the to. but has already impaired precise nature of Human Rights frichaty relations between the contemplated by the Charter of two countries..

United Nations larger "It has been urged that issues arise than the present since conditions in India arc differences between the Govern-worse than anything that oxis.3 ment of India Land the Union in South Africa, Indians should Government. What is involved not complain of the provisions is the larger principle of con- of the Tenure Act, which are sidering the allegation of vio designed to avert racial ten- tion of Human Rights before slons that may endanger pence they have been authoritatively of all, communities. The danger defined and before any specific of this argument, proved by international obligation has practical experience, lies in the been imposed, or undertaken, in fact that each new concession respect thereof,

to prejudices of the politically dominant European' community had led to fresh demands for racial discrimination.

Misleading

This

principle has the widest implications If it is to receive your sanction, it may bd expected on unforeseeable "It is a question of com- state. "Every state has the occasions in precisely, the game petence of this organisation to right to live its own life in its way as domestic minorities pro-

"Comparison with conditions: concern itself with the internal own way as long as it does not blems have been in the past-in India is profoundly misledd administration' of member infringe the equal right of to stir up unrest where peace ing. In India we are doing states.

other states to do the same and would otherwise, prevail and everything in our power to re- "It raises the whole question has jurisdiction over all per- other states may find themselves nove as rapidly as possible the of domestic jurisdiction, which sons and thinks within its ter- before the bar of this organi- social evils which are our in is basic to the constitution of ritorial supremacy," he said.sation upon the charge of hav-heritance of the past Neither the United Nations. Interfer- Stating that, interference by ence by the United Nations in the United Nations in the domestic affairs of member domestic affairs of member states is bound to lead to ulti-states was "bound to lead to mate disaster for the organisa, ultimate disaster for peace of tion and for the peace of the the world" Gentral Smuts urg. world.

ed that "serious consideration. be given to the advisability of häving an authoritative opinion from the International Court on interpretation of Article 2 of the Charter."..

“There is no desire on the part of South Africa to stifle discussion on Indlan affairs "Perhaps there is something to be said for its fullest ventila- tion."

Fit Subject General Smuts quoted Article He implied that India's a 2. Paragraph: 7, of the United tion in bringing the complaint Nations Charter that there rather than South Africa's should not be intervention in a treatment of her Indian minori- matter essentially within

the ty was the fit subject for domestic jurisdiction of any United Nations investigation.

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ing violated undefined Hunian Rights, which might very well have been respected by then had any specific obligation been imposed,” concluded Gencial Smuts.

Mrs. Pandit

Mrs. Pandit, head of the Indian delegation, earlier de clared that the issue is a political and not a legal one not even an issue between twa

in India, nor before world opinion, do we seek to justify! this. In the Union what is being done is to reverse the process or legallging disabilities, which with us never had the force of plaw and which we are contend. ing "not without success to re. move. The disappearing evils of India are not an example for the introduction of new, or old evils in perpetuation of

South Africa:

"The legal argument that tire Government of the Union

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countries alone, but in possibi litles of its extent a world issue."

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The Governinent of India submit in all earnestness that their dispute with South Africa is properly a matter for dis- cussion and disposal by the Assembly because the legisla- tion to which they object efferida ngalist the purposes of the Chatter They submit with equal emphasis that the Aastm bly is concerned with this dis pute, because the law to which they object is not only likely

that the legislation in question

has resulted in the severance

United Nations of their collec-ordination of just claims of tive wisdom and moral sanction members of one race to the un- just demands of another, its .in, the cause of justice and

repercussions will extend be fairplay...

yond South Africa and India.

"It has been suggested, that what happens to Indians in South Africa is exclusively the concern of the Government of the Union, whose nationals the majority of them are. The Cov ernment of India do not contend that the Indian population in South Africa are not South African nationals, but they have moral and political obliga- tion towards their people. They were responsible for sending the forebears of these Indivis to South Africa. They did so ́on the clear understanding that the original immigrants; R well as their descendants, who settled in the Union lawfully, would enjoy equality of oppor- tunity and rights with al other class of South African citizens," Mrs. Pandit conclud- ed.-Reuter.

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Mr. Kimon Georgies, Prime Minister of Bulgaria, tendered the resignation of his Cabinet in the Grand National Assembly here today, and suggested post- tonement of the Assembly's sessions pending formation of a new Cabinet Reuter,

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