flNITED NATIONS 5ECURITY COUNCIL Distr. GENERAL S/395)+ 14 February 1958 ENGLISH ORIGINAL: FRENCH LETTER DATED 14 FEBRUARY 1958 FRCM THE PERlvl.ANENT REPRESENTATIVE CF FfulliCE TO TIlE PRESIDENT OF THE SECURITY COUNCIL Upon instructions from my Government, I have the honour. to request that the Security Council should, at its next nleeting, consider the follOWing complaint brought by France against Tunisia: ltSituation resulting from the aid furnished by Tunisia to rebels enabling them to conduct operations from Tunisian terri tor~r directed against the inteGrity of French territory and the safety af the persons and property of' French nationals. 11 An memorandillU is attached to the present letter. I have the honour to be, etc. e~~lanatory (Sipned) G. Georges Picot Ambassador and Penl~nent Representative S/3954 English Page 2 EXPLANATORY MEMORADUM ATTACHED '1'0 THE CONPLAINT BROUGHT BY FRANCE In bringing a complaint before the Security Council, it is the purpose of the French Government to make it clear that the Tunisia.n Government has not shmm capable of maintaining order on the Franco-Tlmisian frontier, or disposed to do so. Ttmisia thus stands in violation of the obligations asswned by it under Art:i cle !~ of the Charter upon its admission to the United Nations and is taking a position contrary to tIle good-neighbourly spirit which Member States must observe if they ifish to live ~t peace iiith the other states of the international comn:unity • It is in these circumstances that the lUgerian rebels) aided and abetted by the Tunisian authorities, have been able in recent mOllchs to establish in Tunisia a complete organization enabling them to carry out numerous border violations and incursions into French territory i(here they commit particularly heinous crimes • it~01f . The F.L.N. has set up a veritable militar;y infrastructure based in Tunis which, from the military point of vievT, has now become the nain centre of rebel activity in vi.ei'T of the fact that, since last July, a general staff responsible for the conduct of operations carried out in eastern Algeria has been set up in that city with the Tunisian Goverru~entls permisaion. Among the facilities available to the F.L.N. in TlU1isia are rest camps, bases, and quartering and training centres where the rebel bands receive training and weapons and are quartered for the purpose of military oDerations. In addition to the asylum given by the Tunisj.an GoYernment., Tunisian armed forces and the national ~lard provide the F.L.N. with direct logistical support (c~ganization of transport, the supplying of arms and eqllipreent, and medical facilities). Tunisia is in fact the chief base for movil1B supplies to the F.L.N. in the form of military weapons delivered in Tunisia to the F.L.N. which then sends them into Algeria. The Tunisian authorities take part in this traffic and in the movement and delivery of weapons. The latter are Benerally stored in the prerrdses of the Tunisian national guard whicll is also responsible for their transport. /- .. S/395 4 English Page 3 The Tunisian auth~rities toler'ate, and sometimes even facilitate, the m~vement of armed bands on Tunisian terl'itory and incursions effected from Tllni9ian soil against French territory. Finally, Tunisian radio brDadcasts constar~tl;y furnish moral support to the rebellion. In these circumstances, it is net surprising that in recent months incidents in the vicinity of the border, resulting in the death of many members of the French arnled forces and ]Tench ciVilians often in atrocious circumstances, have steadily increased in number and intensity. On many occasions French patrols have encountered rebel groups operating from Tunisian territory, to ,,,hich they returned when pursued; similarly ~Tenr.h aircraft- have on several occasion~ been fired on by automatic weapons in Tunisian territory. A particularly serious incident occurred on 11 January last in the vicinity of Sakiet-Sidi-Youssef. In the course of an engagement with a rebel bAnd '''hieh c~me from Tunisia sixteen French soldiers were killed and four were taken prisoner. In additj.on ai!.'c'{lft. flying over French territory have on several occasions sustained dQC';::"3t~ caused by automatic weapons, including weapons fired from the building in th~s village occupied by the Ttm1sian National Guard. The French Government had warned the Tunisian Government of the 11eavy ro.sponsibility it was assmnin~ by lending its assistance to the rebels. It had 3uggested measures to prevent the recurrence of such incidents. These warnings nave unfortunately been without effect and no positive response has been made to ~ur sugsestions. The reaction of the French Air Force at the time of the incident to which the Tunisian complaint referR vTas thus the outcome of the m!:;ny acts of provocaM.on to which our forces have been SUbjected. While the French Government deplores the losses suffered by the civllian population, and has the question of ~ompensation for those losses under consideration, it cannot isolate this incident from the incidents vThich were its cause. For these reasons the French Government considers that Tunisi~ haG seriously failed in its obligations as a state Member of the United Nations and has directly snd indirectly caused very grav.e injury to the legitimAte interests of France. 1:1'1e French Government accordingly asks that the assistance furnished by Tunisia to the Algerian rebels should be condemned by the Council.