793.94 Commission/756: Telegram
The Minister in Switzerland (Wilson) to the Secretary of State
[Received January 21—7:55 p.m.]
84. Sweetser informs me that the following communiqué issued at the close of the meeting of the Committee of Nineteen this evening adequately summarizes its discussions today. In view of the important changes requested by the Japanese Government referred to in paragraph 3 of the communiqué (omission of any reference to nonrecognition of Manchukuo as providing basis for conciliation) the Committee determined to proceed forthwith to prepare the draft report provided for by paragraph 4 of article 15 of the Covenant. [Page 119] The draft confidentially prepared by the Secretariat (see my 83, January 20, 10 p.m.) will be circulated tomorrow to the Committee of Nineteen which will meet again on Monday morning for consideration of the form this report should take.
Communiqué follows:
“The Committee of Nineteen in its meeting this afternoon noted from the declarations made by the Japanese delegate to the President and the Secretary General that the Japanese Government was not prepared to accept the draft resolution of December 15 even if the possibility of inviting nonmember states to take part in the negotiations was eliminated from the draft. After making this declaration the Japanese delegation informed the President that the proposals it had communicated yesterday on its own initiative had been approved by its Government.
After taking note of these fresh proposals from the Japanese Government and the Chinese amendments to the texts it had communicated to the parties, the Committee could only state the impossibility of proposing a resolution acceptable to both parties. The importance attached by the Chinese delegation, as well as the Committee itself, to the participation of the United States and the U.S.S.R. in negotiating a settlement makes it impossible to eliminate this provision on the request of Japan alone, if the Committee must, at the same time modify the other provisions of the draft resolution of December 15 in the sense of the Japanese proposals.
Moreover the Committee noted that, even if it agreed to change the statement of motives into a declaration made by the President on behalf of the Committee, in respect of which the parties would be free to submit reservations, the Japanese Government would not accept without amendments the text drawn up by the Committee on December 15. The Japanese Government has in its latest proposals asked that important changes be made in this text which the Committee cannot accept.
In these circumstances the Committee felt that its attempts to propose to the Assembly a procedure for settling the dispute have, so far as it is concerned, failed for the time being. Being compelled to consider the hypothesis that the Assembly at its next meeting will be led to the same conclusion, the Committee, in virtue of its mission under part 3 paragraph 5 of the resolution of March 11, 1932, decided to begin forthwith to prepare the draft report provided for by article 15 paragraph 4 of the Covenant.
As the procedure under paragraph 3 of article 15 cannot be closed except by the Assembly the Committee is naturally ready to welcome any further suggestions the parties may wish to communicate.”