Foreign Relations of the United States Diplomatic Papers, 1940, The American Republics, Volume V

710.Consultation(2)/448: Telegram

The American Delegate (Hull) to the Acting Secretary of State

Habana, July 26, 1940—4 p.m.
[Received July 27—9:15 a.m.]

14. The following texts are being presented this afternoon by the subcommittee composed of Cuba, Panama, Brazil and the United States to Committee on the Preservation of Peace.

“Redraft: Cuban project.

The second consultation of American Ministers of Foreign Relations considering:

that the status of territories in this hemisphere belonging to European powers is a subject of deep concern to all of the Governments of the American Republics;

that changes arising from the existing European war may give rise to the assumption that conquest, which has been renounced in the international relations of the American Republics, may nevertheless be resorted to, thereby endangering the essence and pattern of the international institutions of America;

that the doctrine of inter-American solidarity agreed upon in the meetings at Lima and at Panama requires adoption of a watchful and defense policy so that the pacific methods of the American Republics shall be free from the danger that conflicting systems or regimes may upset their contacts as good neighbors;

that the course of military events during the past weeks in the Old World and international changes resulting from them create the imminent possibility of an attempted change in sovereignty of the European territories in the new World, and require the American nations to eliminate the possibility that any European territories might become strategic points for aggression against or penetration of the American hemisphere;

The Ministers of Foreign Relations of the American Republics accordingly

declare:

that non-American islands or territories subject to the danger of becoming possible objects of barter of territory or change of sovereignty may be provisionally occupied by the American nations, subject to the following reservations:

(a) that as soon as the immediate reasons requiring such occupation shall cease to exist, the territories so occupied shall be returned to their original sovereign, if this would not be prejudicial to the safety of the American Republics, or in the alternative that they be permitted to establish for themselves autonomous and independent states whichever of these shall appear to be the more practicable and just having in mind all pertinent considerations;

(b) that such territories as may thus be occupied shall be placed temporarily under the guardianship of the American Republics, which guardianship shall be exercised for the economic, political and social benefit and the welfare of such territories until the American Republics shall be in a position to determine their ultimate destiny.”

“Resolution concerning American possessions of non-American states.

Whereas by the Declaration of Lima the American Republics reaffirmed their continental solidarity and their decision to maintain and defend against all foreign intervention and activity the principles upon which it is based; and

whereas situations may develop arising out of change in sovereignty or control over regions in this hemisphere belonging to or claimed by non-American states which may threaten the peace or security of this hemisphere and may necessitate appropriate defense action on the part of the American Republics or any one of them; and

whereas the representatives of the American Republics have this day signed a convention relating to the administration of such regions in the event of such change of sovereignty or control,

the meeting of the Foreign Ministers of the American Republics

resolves:

(1) that should it become necessary, prior to the coming into force of the above-mentioned convention, to establish a collective guardianship over any region in this hemisphere belonging to or claimed by a non-American state, the committee hereinafter provided for shall assume on behalf of the American Republics the responsibility for undertaking its collective guardianship, and for applying in respect thereto the principles and policies set forth in the said convention. To this end it shall exercise the authority and functions granted by the said convention to the inter-American commission of guardianship and in the manner provided in the convention.

(2) that the committee shall consist of representatives, one to be appointed by each American Republic, and shall be considered as constituted when two thirds of the American Republics shall have appointed a representative

(3) that upon the coming into force of the said convention the authority and functions exercised by the committee established pursuant to this resolution shall devolve upon and shall be carried forward by the inter-American commission of guardianship

(4) that the American Republics will forthwith name their representatives on the committee to be established pursuant to this resolution. The committee shall assemble and organize upon the request of any signatory

(5) that should circumstances require measures of defense against a threat of danger, as referred to in the preamble to this resolution, of so urgent a nature as to preclude the possibility of previous consultation, the American Republics consider it the duty of any one or more of them, so situated as to be in a position to act promptly and effectively, to take, as a means of common defense, whatever action may be necessary

(6) that should any such action involve the taking by any American Government of control over any region heretofore in the possession of a non-American state, the matter shall automatically become a temporary responsibility of all of the American Republics and shall form the subject of prompt consultation among them through diplomatic channels for the purpose of determining whether a collective guardianship should be established for the region in question.”

“Draft Convention.

The Governments represented at the Second Meeting of Ministers of Foreign Affairs of the American Republics, considering:

that the European conflict, in which nations exercising sovereignty over regions of America are involved, might result in the extinguishment or impairment of that sovereignty;

that any transfer, or attempted transfer, of the sovereignty, jurisdiction, possession or any interest in or control over any such region to another non-American state, would be regarded by the American Republics as inimical to their peace, safety, and political independence;

that no such transfer or attempt to transfer or acquire any interest in, right to or control over, any such region, directly or indirectly, will be recognized or acquiesced in by the American Republics;

that the American Republics reserve the right to judge whether any change in the political relations of the European possessors on September 1, 1939, of geographic regions in the Americas has the effect of impairing their political independence or freedom of action, even though no formal transfer or change in the status of such region or regions shall have taken place;

that it is, therefore, necessary to seek a solution, and to decide upon the most desirable regime to be adopted for these regions, should conditions of the character referred to above materialize;

that it is evident that some of the regions have not yet reached a sufficient degree of developments to assume a status of sovereign states capable of defending and maintaining themselves, especially at this distressing moment in the life of nations;

that the American Republics, as an international community which acts strongly and integrally, using as a basis political and juridicial principles which they have applied for more than a century, have the unquestionable right, in order to preserve their unity, to take such regions under their guardianship and to deliberate as to their destinies, in accordance with their respective degrees of political and economic development;

that such a community has international juridical capacity to act in this manner;

that in this case, the most appropriate rule is that of guardianship;

that since guardianship is exercised for the benefit of the ward, the state or states exercising these functions assume a great moral and material responsibility; and

being desirous of protecting their peace and safety and of promoting the interests of any of the regions herein referred to which may fall within the purview of the foregoing recitations, have resolved to conclude a convention for these purposes and to that end have designated the following plenipotentiaries:

who, after having deposited their full powers, found to be in good and due form, have agreed as follows:

(I) Any transfer or attempt to transfer, directly or indirectly, from a non-American state to another non-American state of the sovereignty, jurisdiction or possession of territory situated in or adjacent to the Americas, or of any interest in or control over any such territory, shall be deemed to threaten the peace and safety of the American continent, and such territory shall automatically come under the protection and guardianship of the American Republics.

(II) Guardianship assumed pursuant to this convention shall be exercised either individually or collectively, as may be deemed advisable in each case. In choosing the nations which shall function as guardians, there shall be taken into account their economic and financial conditions, their protective capacity, and especially, their geographic location with regard to the territory in question, to the end that the guardianship may be exercised as efficiently as possible.

(III) When guardianship shall have been established for any region it shall be exercised for the benefit of the people of the region under guardianship, with a view to their welfare and progress, until such time as the region may, consistent with the security of the American Republics, be restored to its original sovereign, or the people thereof shall be capable of undertaking self government.

(IV) The guardian shall exercise the administration of the territory under conditions which shall guarantee freedom of conscience and of worship, subject only to such restrictions as public order and good habits may demand.

(V) The construction of fortifications and the giving of military training to natives, are hereby forbidden except for the supervision and defense of the territory or region in question.

(VI) The guardian shall enforce the local laws insofar as they are compatible with the purposes of this convention, but in order to meet situations in which there is no applicable local law or the existing law is deficient additional laws shall be promulgated.

(VII) In all that concerns trade, commerce and industry, all the American nations shall enjoy the same benefits as those enjoyed by the guardian, the latter being forbidden to establish a privileged position for itself or its nationals.

(VIII) Natives of the region shall participate in public administration and in the courts of justice in accordance with their capacity so to do.

(IX) To the extent that may be practical, the ownership, occupancy and use of real estate shall be governed by local law and custom, and vested rights shall be protected in accordance with such law.

(X) Forced labor shall not be permitted except in cases of public necessity, and in such cases it shall be permitted only when ordered by the constituted authorities, and subject to a fair remuneration.

(XI) The guardian shall provide facilities for the education of the natives with the two-fold purpose of developing the wealth of the country and improving the living conditions of the population in all respects, especially as regards public and individual hygiene, thus preparing them for the exercise of political autonomy as soon as possible.

(XII) The natives of the territory under guardianship shall have their own organic act, which the guardian shall establish by a special law.

(XIII) The guardian shall submit an annual report to the Inter-American organization entrusted with the control of the territory under guardianship of the matter in which it has fulfilled its functions, attaching thereto copies of its fiscal accounts and of the laws enacted during the year for the territory under guardianship.

(XIV) The organization referred to in the preceding article shall be competent to take cognizance of the petitions submitted by the inhabitants of the territory through the medium of the guardian, with reference to the exercise of the guardianship. The guardian shall transmit with these petitions such observations as it may deem proper.

(XV) The guardianship shall be granted for a period of 5 years, at the expiration of which, if the territory under guardianship shall not be in a position to be declared an independent state and restoration to its former sovereign is not feasible, it shall be renewed for successive periods of ten years.

(XVI) Within two years counted from the date on which the guardianship was granted, the guardian shall submit to the above-mentioned organization a project of guardianship which, having due regard for the principles established according to the convention, may satisfy the conditions of the territory under its guardianship. Once this project is approved, it may be altered only with the approval of the said organization within the periods hereinbefore mentioned.

(XVII) The expenses incurred in the exercise of the guardianship shall be defrayed with the revenues of the territory under guardianship but in case they are insufficient the deficit shall be paid by the guardian state or states.

(XVIII) The international organization to which this convention refers, shall be a commission composed of a representative from each one of the states which ratified this convention, and shall be entitled ‘Inter-American Commission on Guardianships’. Once constituted, it shall elect its president and otherwise perfect its organization. Any country which ratifies the convention may convoke the first meeting of the Commission, at which time the latter shall fix its place of meetings. Two-thirds of the members of the Commission shall constitute a quorum, and when this quorum is present, it may act with the approval of two-thirds of the members present.

(XIX) The Commission is authorized to establish an inter-American guardianship over the regions covered by this convention, grant guardianship to be exercised by the number of states which it may determine in each case, and supervise the exercise of the functions of the guardian or guardians under the terms of the preceding articles.

(XX) The present convention shall be ratified by the high contracting parties in conformity with their respective constitutional procedures. The Secretary of State of the Republic of Cuba shall transmit at the earliest possible date authentic certified copies to the governments for the aforementioned purpose of ratification. The instrument of ratification shall be deposited in the archives of the Pan American Union in Washington, which shall notify the signatory governments of said deposit. Such notification shall be considered as an exchange of ratifications.

(XXI) The present convention shall enter in force whenever two-thirds of the American states have deposited their respective instruments of ratification.

Done in the city of Habana, et cetera.”

Hull