Foreign Relations of the United States, 1946, General; the United Nations, Volume I

800.014/10–846

The British Ambassador (Inverchapel) to the Acting Secretary of State ¹³

secret

Washington, 8 October 1946.

Sir: The United States Government are aware of and indeed are known to share the wish of His Majesty’s Government in the United Kingdom to see the Trusteeship system set up without delay. In this spirit His Majesty’s Government expressed their readiness to cooperate as fully as circumstances permitted in considering the amendments to the draft terms of trusteeship for the territories in Africa under United Kingdom mandate proposed by the State Department in their secret note to my predecessor of the 7th May, 1946.¹⁴ Representatives of the State Department were accordingly invited to London early in June to discuss these amendments. The discussions on the official level resulted in a joint text which was communicated to the State Department informally shortly afterwards.¹⁵ As was explained at the time, this text was subject on the part of His Majesty’s Government in the United Kingdom to ministerial approval.

2. After full consideration His Majesty’s Government in the United Kingdom are now glad to state that, subject to a satisfactory understanding being reached with United States Government regarding the attitude of the latter to the text, they are prepared to accept substantially the joint text of June. The revised draft terms of trusteeship which His Majesty’s Government are prepared to adopt subject to this understanding and to the concurrence of the Governments who concurred in the original texts are enclosed herewith, and are accompanied by an explanatory memorandum.¹⁹ In the few cases where His Majesty’s Government have not felt themselves able to follow the June text the reasons are given.

3. It is the intention of His Majesty’s Government in the United Kingdom, when the concurrence of the “states directly concerned” has been obtained, to communicate the revised texts to the Secretary-General of the United Nations. It is furthermore the intention of His Majesty’s Government to submit the proposed terms of trusteeship to the United Nations on its own behalf as mandatory power, and not collectively on behalf of itself and of the “states directly concerned”.

I have [etc.]

For the Ambassador

D. D. Maclean

[Enclosure]

Annex A

secret

Aide-Mémoire

Revised Draft Terms of Trusteeship For Territories in Africa Under United Kingdom Mandate

The revised draft terms of trusteeship for territories in Africa under United Kingdom mandate are identical with the texts resulting from the discussions in June between United States and United Kingdom experts,²⁰ except in the following respects.

Article 2.

After very careful consideration His Majesty’s Government have found themselves unable to accept the inclusion in this Article of the words “on behalf of the United Nations”. They cannot find any words in the Charter to warrant definition of the position in these terms. They feel that the position of the Administering Authority under the trusteeship system in relation to the United Nations is clearly set out in the Charter, and that it would be undesirable to attempt to define it further in the terms of trusteeship themselves. It is felt that the inclusion of these words might give the erroneous impression that the United Nations itself had administrative functions in respect of trust territories where a single state is designated as administering authority. It will be recalled that in his statement to the General Assembly in January, 1946, when announcing the intention of His Majesty’s Government to place the territories in question under the trusteeship system, the Foreign Secretary said: “It is most important that the people of the territories themselves and the world at large should be left in no doubt that the continuity of administration will be maintained until the ultimate objective of the trusteeship system, self-government or independence, as the case may be, is attained”.

Article 5(b).

It has been decided to retain the words “under his sovereignty or control”. His Majesty’s Government are not in a position to constitute a trust territory under their control into a customs, fiscal or administrative union with any territory not under their control. Further His Majesty’s Government are anxious to avoid anything which might create an impression either locally or internationally that they wish in any way to attach other territories to territories under their administration.

Article 6(1).

The words “in accordance with Article 76(b) of the United Nations Charter” have been substituted for the words “towards the objectives of self-government or independence as prescribed in Article 76(b) of the Charter”. It is felt that the Article as now amended is already sufficiently explicit and that all that is required is a simple reference to the relevant Article of the Charter where the objectives in question are set out.

Article 6(2).

His Majesty’s Government are unable to accept the addition of a paragraph to Article 6 about surveys of development of political institutions. They appreciate that there was considerable discussion at the Preparatory Commission on this question and that it is felt in some quarters that it is desirable that such surveys should become a feature of the International Trusteeship System. Should the United Nations eventually decide that such surveys were desirable and should provision be made for them in the rules of procedure of the Trusteeship Council or anywhere else, the position would have to be reexamined. In the meantime however His Majesty’s Government feel that they would not be justified in prejudging the issue by including a provision for such surveys in the terms of trusteeship.

Article 8.

The word “natural” has been inserted before “resources” in this Article. This has been done as a result of a suggestion by local authorities who considered that it is desirable to define more clearly what was meant by “resources”.

Article 10(c).

There has been a slight rewording in this Article in order to make the sense clearer.

Article 11.

The word “nationals” has been substituted by “inhabitants” as this is a more appropriate description of the status of the people of Tanganyika. There has further been a slight rewording at the end of this article, which does not involve any change in the sense of the article.

13. Marginal notation: “Handed by Mr. Middleton to Mr. Hiss—Oct. 10, 1946”. For discussion that took place between Messrs. Hiss and Middleton on this occasion see memorandum of conversation of October 10 by the Chief of the Division of Dependent Area Affairs, p. 638. At the same time Mr. Middleton transmitted to the Department an aide-mémoire dated October 9, infra.
14. This has reference to the “Comments on the Draft Terms” which were incorporated into the Memorandum Accompanying Note from the Acting Secretary of State to the British Ambassador, May 7, p. 579.
15. See letter from the First Secretary of the British Embassy (Middleton) to the Chief of the Division of Dependent Area Affairs (Gerig), July 31, p. 612.
19. Copy of revised draft terms accompanying this note not printed. The revised draft terms are printed in British Cmd. 6935, October 1946. The explanatory memorandum follows as “Annex A”.
20. See draft terms of agreement for Tanganyika, p. 604.