Foreign Relations of the United States, 1948, Germany and Austria, Volume II

EUR Files: Lot 55 D 374: Box 5342: File—500 London Tripartite Conf.

Paper Agreed Upon by the London Conference on Germany¹

secret

TRI/13 (Final)

Political Organisation

final report of the drafting committee of the united states, french and united kingdom delegations, as amended, final

1. The three Military Governors will, not later than 15th June 1948, call a joint meeting of the Ministers-President of the States of their respective zones.

2. This meeting will be instructed to examine the boundaries of the several states in order to determine what modifications might be proposed to the Military Governors. Any such modification will take account of traditional patterns, and avoid, to the extent feasible, the creation of states which are either too large or too small in comparison with the other states. The recommendations of the Ministers-President, if not disapproved by the Military Governors, will be submitted for approval by the people of the affected areas not later than the choice of members of the Constituent Assembly.

3. The meeting of the Ministers-President will also be informed that they are authorised to convene a Constituent Assembly to be held not later than 1st September 1948 in order to prepare a Constitution to be ratified by the participating states, to communicate this fact to the various states and to make the necessary arrangements.

4. The delegates to this Constituent Assembly will be chosen in each of the existing states under such procedure and regulations as shall be adopted by the legislative body of each of these states.

5. The number of delegates from each state will be in the proportion that its population is to the total population of the participating states. The total number of delegates will be determined by dividing the total population at the last census by 750,000 or some similar figure as may be recommended by the Ministers-President and approved by the Military Governors.

6. The Constituent Assembly will draft a democratic constitution which will establish for the participating states a governmental structure of federal type which is best adapted to the eventual re-establishment of German unity at present disrupted, and which will protect the rights of the participating states, provide adequate central authority, and contain guarantees of individual rights and freedom.

7. If the Constitution as prepared by the Constituent Assembly does not conflict with these general principles the Military Governors will authorize its submission for ratification. The Constituent Assembly will thereupon be dissolved. The ratification will take place by each participating state by means of a referendum requiring a simple majority of the voters in each state under such rules and procedure as it may adopt. When the Constitution has been ratified by two-thirds of the states, it will come into force and be binding upon all states. Thereafter, any amendment to the Constitution must be ratified by a like majority of the states.

8. The Ministers-President of the existing states will, prior to the completion of the work of the Constituent Assembly take the necessary steps for the election of the Assemblies of those states, the boundaries of which have been modified, so that these Assemblies and those of the states, the boundaries of which have not been modified, will be in a position to determine the electoral procedures and regulations for the ratification of the Constitution as stated in paragraph 7 above.

9. Within thirty days following the coming into force of the Constitution, institutions will be established as determined by the Constitution.

10. Prior to the convening of the Constituent Assembly, there shall be a determination of the control and administrative powers which the occupying authorities intend to retain as regards both the proposed Government of the participating states and the governments of the states themselves.

London, 31 May 1948.

[Annex]

Paper Agreed Upon by the London Conference on Germany²

secret

TRI/19 (Final)

Reorganisation of the Laender

In connection with the words “affected areas” in paragraph 2 of TRI/13 (Final) the following method has been agreed for dealing with specific proposals which may be put forward by the Ministers President regarding North Rhine/Westphalia.

(a) A recommendation to divide the present Land into two Laender, namely North Rhine and Westphalia, with boundaries as they were before the junction was affected.

method of voting

All voters in the present Land to be asked to vote for or against this proposal. If the voters in either one of the two parts, namely North Rhine and Westphalia, should show a majority in favour of the proposed division, that division will take place provided that the combined vote in the two parts in favour of division represents at least 33⅓% of total votes cast.

(b) Splitting off that part of North Rhine which lies west of the Rhine and joining it to South Rhine.

method of voting

The people in the area to be split off to vote.

(i) for or against separation from the Land to which they at present belong;

(ii) for or against junction with South Rhine.

(c) Addition of South Rhine to present Land North Rhine/Westphalia. To be vetoed by Military Governors unless other regroupings result in the creation of comparably large Laender.

Note Any material increase in the size of Bavaria would constitute a case of this sort.

London , 26 May, 1948.

1. The Conference reached final agreement on this paper at a meeting on the afternoon of May 31. It was Annex F to the Report of the London Conference on Germany, p. 309.
2. The terms of this paper were first discussed in an informal meeting of the Conference on May 11 (see telegram 2072, Delsec 1732, May 12, from London, p. 237). Telegram 2297, May 27, from London, not printed, reported that the Conference had agreed to attach this paper as an annex to document TRI/13 (740.00119 Council/5–2748). It was also Annex G to the Report of the London Conference on Germany, p. 309.