1 - General Assembly

32(I). RELATIONS OF MEMBERS OF THE UNITED NATIONS WITH SPAIN

1. The General Assembly recalls that the San Francisco Conference adopted a resolution according to which paragraph 2 of Article 4 of chapter II of the United Nations Charter "cannot apply to States whose regimes have been installed with the help of armed forces of countries which have fought against the United Nations so long as these regimes are in power."

 2. The General Assembly recalls that at the Potsdam Conference the Governments of the United Kingdom, the United States of America and the Soviet Union stated that they would not support a request for admission to the United Nations of the present Spanish Government "which, having been founded with the support of the Axis powers, in view of its origins, its nature, its record and its close association with the aggressor States, does not possess the necessary qualifications to justify its admission."

 3. The General Assembly, in endorsing these two statements, recommends that the Members of the United Nations should act in accordance with the letter and the spirit of these statements on the conduct of their future relations with Spain.

Twenty-sixth plenary meeting, 9 February 1946.

39 (I). Relations of Members of the United Nations with Spain

The peoples of the United Nations, at San Francisco, Potsdam and London, condemned the Franco regime in Spain and decided that, as long as that regime remains, Spain may not be admitted to the United Nations.

 The General Assembly, in its resolution of 9 February 1946, recommended that the Members of the United Nations should act in accordance with the letter and the spirit of the declarations of San Francisco and Potsdam.

 The peoples of the United Nations assure the Spanish people of their enduring sympathy and of the cordial welcome awaiting them when circumstances enable them to be admitted to the United Nations.

 The General Assembly recalls that, in May and June 1946, the Security Council conducted an investigation of the possible further action to be taken by the United Nations. The Sub-Committee of the Security Council charged with the investigation found unanimously: |1|

 "(a) In origin, nature, structure and general conduct, the Franco regime is a fascist regime patterned on, and established largely as a result of aid received from, Hitler's Nazi Germany and Mussolini's Fascist Italy.

 "(b) During the long struggle of the United Nations against Hitler and Mussolini, Franco, despite continued Allied protests, gave very substantial aid to the enemy Powers. First, for example, from 1941 to 1945, the Blue Infantry Division, the Spanish Legion of Volunteers and the Salvador Air Squadron fought against Soviet Russia on the Eastern front. Second, in the summer of 1940, Spain seized Tangier in breach of international statute, and as a result of Spain maintaining a large army in Spanish Morocco large numbers of Allied troops were immobilized in North Africa.

 "(c) Incontrovertible documentary evidence establishes that Franco was a guilty party with Hitler and Mussolini in the conspiracy to wage war against those countries which eventually in the course of the world war became banded together as the United Nations. It was part of the conspiracy that Franco's full belligerency should be postponed until a time to be mutually agreed upon."

The General Assembly,

Convinced that the Franco Fascist Government of Spain, which was imposed by force upon the Spanish people with the aid of the Axis Powers and which gave material assistance to the Axis Powers in the war, does not represent the Spanish people, and by its continued control of Spain is making impossible the participation of the Spanish people with the peoples of the United Nations in international affairs;

Recommends that the Franco Government of Spain be debarred from membership in international agencies established by or brought into relationship with the United Nations, and from participation in conferences or other activities which may be arranged by the United Nations or by these agencies, until a new and acceptable government is formed in Spain.

The General Assembly,

Further, desiring to secure the participation of all peace-loving peoples, including the people of Spain, in the community of nations,

Recommends that if, within a reasonable time, there is not established a government which derives its authority from the consent of the governed, committed to respect freedom of speech, religion and assembly and to the prompt holding of an election in which the Spanish people, free from force and intimidation and regardless of party, may express their will, the Security Council consider the adequate measures to be taken in order to remedy the situation;

Recommends that all Members of the United Nations immediately recall from Madrid their Ambassadors and Ministers plenipotentiary accredited there.

The General Assembly further recommends that the States Members of the Organization report to the Secretary-General and to the next session of the Assembly what action they have taken in accordance with this recommendation.

Fifty-ninth Plenary meeting, 12 December 1946.

Notes:

 1. Documents S/75 and S/76.


1.1 - Landmark documents
The Spanish Question

I cannot fail to draw the attention of the General Assembly to the Spanish question arising out of existence in Spain of the fascist regime which was imposed on the Spanish people with the armed intervention of the Axis Powers.

 The Spanish question has again and again demanded the attention of organs of the United Nations. I do not need to remind you of the resolution on this question which was adopted at the first part of this session of the General Assembly. Since then, the Security Council has discussed it in detail, and it has been discussed in connection with several items which have come before the Economic and Social Council

 It is probable that other organs of the United Nations as well as of the specialized agencies will also be impeded by the Spanish question.

 In these circumstances, the General Assembly, at its current session, can do a valuable service by giving comprehensive guidance to the organs and to the Member States of the United Nations regarding their relationship with the Franco regime.

 It is un unhappy fact that the fascist control of Spain has continued unchanged despite the defeat of Germany and Japan. It seems to be clear that as long as the Franco regime continues in Spain, it will remain a constant cause of mistrust and disagreement between the founders of the United Nations. It is therefore my hope that those who gave us victory and peace may also find ways and means by which liberty and democratic government may be restored in Spain."

General Assembly - Thirty-fifth Plenary Meeting - Held on Thursday, 24 October 1946, at 11 a.m.

(...) Among the matters in regard to which the veto rules have paralyzed the action of the Security Council, there is one which has called for the intervention of the Belgian Government, and which 1 should like, for this reason, to mention especially.

 The inclusion of the Spanish question in the Council's agenda was requested by the representative of Poland on 8 and 9 April last. In the course of the proceedings, the Belgian Government was led, by means of communications made in May and in September, to contribute to the inquiry into the rôle of the Spanish Government.

 The information which it supplied to the Council bears chiefly on the help which the Spanish Government gave to the traitor Degrelle, one of the principal German agents in Belgium, in allowing him to escape the fate he deserved for his political crimes and his crimes under common law. This information showed that the attitude of complicity of the Spanish Government with regard to agents of the Axis Powers during the war constitutes a disturbing element in Europe, and a threat to security.

 The Belgian Government cannot remain indifferent to the fact that the various draft resolutions submitted to the Council with a view to positive measures be taken, have hitherto led to no result, since the requisite majority has not been obtained, and the matter remains unsolved.

 The resolution unanimously adopted by the Assembly on 9 February adopts the Potsdam Declaration which states that the Spanish Government "having been founded with the support of the Axis Powers, in view of its origins, its nature, its record and its close association with the aggressor States does not posses the necessary qualifications to justify its admission."

 The resolution recommends that Members of the United Nations should act in accordance with the letter and spirit of this statement in the conduct of their future relations with Spain.

 It is useless to formulate declarations if they are to have no practical effect. Such methods cannot enhance the prestige of the Organization.

 Limited in its efforts by the provisions of the Charter, as by the rules of procedure, the Belgian delegation can only submit a proposal that the Assembly should draw the attention of the Security Council to the advantage of taking definite measures capable of solving the Spanish problem. We will submit such a proposal to you in the course of the present session. (...)"

General Assembly - Thirty-sixth Plenary Meeting - Held on Thursday, 24 October 1946, at 4 p.m.


2 - Security Council

THE SPANISH QUESTION
4 (1946). Resolution of 29 April 1946

The attention of the Security Council has been drawn to the situation in Spain by a member of the United Nations acting in accordance with Article 35 of the Charter, and the Security Council has been asked to declare that this situation has led to international friction and endangers international peace and security;

Therefore the Security Council,

Keeping in mind the unanimous moral condemnation of the Franco régime in the Security Council, and the resolutions concerning Spain which were adopted at the United Nations Conference on International Organization at San Francisco [1] and at the first session of the General Assembly of the United Nations, [2] and the views expressed by members of the Security Council regarding the Franco régime,

Hereby resolves to make further studies in order to determine whether the situation in Spain has led to international friction and does endanger international peace and security, and if it so finds, then to determine what practical measures the United Nations may take;

To this end, the Security Council appoints a sub-committee of five of its members and instructs this sub-committee to examine the statements made before the Security Council concerning Spain, to receive further statements and documents, and to conduct such inquiries as it may deem necessary, and to report to the Security Council before the end of May.

Adopted at the 39th meeting by 10 votes to none, with 1 abstention (Union of Soviet Socialist Republics)

 [1] See United Nations Conference on International Organization, I/10, discussion relating to Chapter III of the United Nations Charter.

 [2] See Resolutions adopted by the General Assembly during the first part of its first session, page 39, resolution 32 (I) of 9 February 1946
7 (1946). Resolution of 26 June 1946

Whereas the Security Council on 29 April 1946 appointed a Sub-Committee to investigate the situation in Spain, and

Whereas the investigation of the Sub-Committee has fully confirmed the facts which led to the condemnation of the Franco régime by the Potsdam and San Francisco Conferences, by the General Assembly at the first part of its first session and by the Security Council by resolution of the date mentioned above [resolution 4 (1946)],

The Security Council

Decides to keep the situation in Spain under continuous observation and maintain it upon the list of matters of which it is seized, in order that it will be at all times ready to take such measures as may become necessary to maintain international peace and security. Any member of the Security Council may bring the matter up for consideration by the Council at any time.
Adopted at the 49th meeting.[1]

[1] The draft resolution was adopted in parts. No vote was taken on the text as a whole.