882.5048/53: Telegram

The Acting Secretary of State to the Chargé in Liberia (Wharton)

29. Your July 24 noon, July 24, 10 p.m., July 25 noon, Department’s 27, July 26, 6 p.m., your July 26, midnight, and August 1, 2 p.m.

[Page 294]

You may advise the Liberian Government that the Department feels that the Liberian note of July 18 makes a most constructive contribution to the discussion now in course between the two Governments regarding alleged forced labor and slavery conditions in Liberia. The terms of reference proposed by the Liberian Government, as reported in your July 24, noon, appear most generous in principle and this Government would be gratified to see them adopted with the following clarifying emendations, which it may be said would seem essential to insure the broadest possible basis for the work of the proposed commission.

(1)
In introductory paragraph of Liberian terms of reference, insert the word “international” before “commission”.
(2)
Paragraph (d) should be altered to read “to what extent compulsory labor exists as a factor in the social and industrial economy of the State either for public or private purposes and whether the recruiting and employment of compulsory labor for public and private purposes has at any time been conducted in a manner inconsistent with the letter or spirit of Article 5 of the Slavery Convention of 1926”. In this connection if you think it desirable you may explain to the Liberian Government that this Government’s desire that paragraph (d) be broadened as suggested above should not be considered as being in any way critical of Liberian policy regarding the use of forced labor for public purposes but merely as evidence of its desire to make the commission’s field of investigation as broad as possible.
(3)
Paragraph (e) should be altered to read “whether shipment of contract laborers to Fernando Po under the terms of arrangement with Spain or shipment of such laborers to the Congo or any other foreign parts is associated with slavery and whether the method employed in recruiting such labor carries any compulsion.”
(4)
In paragraph (f) substitute the phrase “for private purposes on privately owned or leased plantations” for the phrase “on the Firestone plantations”.
(5)
Add to paragraph (g) the clause “and whether members of the Liberian Frontier Force or other persons holding official positions or in Government employ or private individuals have been implicated in such recruiting with or without Governmental approval”.
(6)
[Paraphrase.] Your comments have been considered by the Department which, however, believes the scope of the 1926 law suffices for the commission’s purposes, provided that authority conferred upon the commission under the law is promptly and effectively enforced by the Liberian Government and that the latter recognizes that the commission under this law is authorized to compel witnesses to attend and to call for the submitting to it of public documents pertinent to the object of the inquiry. Should you, however, deem it necessary or desirable, you may informally advise the Liberian Government of the views of this Government on the matter. If, as your comments would seem to anticipate, the commission should fail to receive from the Liberian Government the requisite assistance in its work, then this Government would consider what other measures to meet the situation should be taken. [End paraphrase.]
(7)
Section 4 of the Liberian proposal: change “two months” to read “two months or such further period as may be found necessary for the completion of the commission’s investigation”.

The Department feels that the original announcement of the commission and its terms of reference should come from the Liberian Government although, of course, it will be glad to issue a statement to the effect that it has been informed by the Legation at Monrovia of the Liberian Government’s announcement. In view of the danger of premature and unfavorable publicity, it is thought that such announcement should be made at the earliest possible date. In this connection it is suggested that in making its announcement the Liberian Government might state that the commission is to consist of one Liberian, one American and one other the latter two of whom are to be appointed upon the recommendations of the United States and the League of Nations respectively. [Paraphrase.] If the terms of reference suggested above are accepted by the Liberian Government, and if the latter decides to follow the course which this paragraph suggests, the Department will defray the expenses of the commission’s American member and of any secretarial assistance he may be given and likewise will urge through the Minister in Switzerland upon the League of Nations that the latter follow a similar course. Obviously, however, the United States cannot take any steps in this direction pending receipt of information that the Liberian Government has directly approached the League of Nations in the premises. [End paraphrase.]

Cotton