235 Australian Delegation, United Nations, to Department of External Affairs

Cablegram UN763 NEW YORK, 21 November 1946, 9.11 p.m.

MOST IMMEDIATE SECRET

Assembly 215.

When discussion on Indians in South Africa commenced in Committee 1 today, Smuts proposed to narrow the case initially to the domestic jurisdiction issue arguing that this case was the first of its kind and would be a precedent. He proposed the following resolution. Begins:-

'At the conclusion of the discussion of the Indian protest before the joint Session of Committees 1 and 6, it should be recommended to the General Assembly that an advisory opinion be sought from the International Court of justice upon the question of whether the matters set forth by the Government of India in Document A/68 and replied to by the Government of the Union of South Africa in Document A/167 are, in the terms of paragraph 7 of Article 2, matters essentially within the domestic jurisdiction of the Union of South Africa.'

Ends.

[AA:1838/2, 852/10/2, i]