[Enclosure 2]
confidential
16 June 1945.
Comments on Draft Paper on “Civil
Administration”
The draft paper on civil administration which you submitted
yesterday raised several important points of principle which
we discussed quite fully. In order that there may be no
misunderstanding, however, I wish to comment briefly on the
four important questions presented.
First, you stress again the fact that this territory is
liberated in character, in part through the struggle of the
civilian population itself over a long period. The liberated
character of the area is fully recognised. In friendly
territory, which we consider this to be, AMG will conduct its relations
with the civilian population accordingly and anticipates
close cooperation with those elements which have proved
their sympathy for and support of the Allied cause during
the war.
Second, you ask adoption of the principle of equality as
between persons of Italian and Slovene origin, particularly
as regards language. [Page 845] As we have made clear to you all persons, of whatever
national origin, enjoy equality before AMG. As to language, we have
already taken measures to have proclamations and other
papers published in the Slovene language where appropriate,
that is, in areas in which the Slovene population is
concentrated in numbers sufficient to warrant it.
Third, you have asked us to give you assurance that the
Italian Government will have no influence on the civil
administration of this area. I do not think it necessary, in
this connection, to lay down any principles beyond those
which ordinarily govern our military administration of
occupied territory. I call your attention to the fact that
Article No. 1 of Proclamation No. 14
states that all powers of government and jurisdiction in
those parts of Venezia Giulia
occupied by the Allied Forces and over its inhabitants, and
final administrative responsibility are vested solely in the
Supreme Allied Commander as Military Governor. This formally
denies to the Italian Government, as it does to all other
authorities other than the Allied Military Command, any
power in our military administration.
In connection with the general question of relations with the
Italians, you should have in mind two points. As set forth
in the proclamations, the laws applicable in the territory
during our period of trusteeship will be Italian laws,
purged of all fascist measures and supplemented by our
AMG proclamations and
orders. This follows inevitably from the fact that the
territory belongs legally to Italy unless and until it is transferred to
another power under the orderly procedures of international
law. If, as you indicated yesterday, you interpret this fact
as implying the reintroduction of fascism in any form, you
show very little understanding of the intentions of Britain
and the United States with regard to this area and, in fact,
of their objectives and accomplishments during this war.
Both Britain and the United States have fought a long,
bitter and costly war to destroy fascism and it would be as
intolerable to us as to you to permit its rebirth in any
area for which we are responsible.
You must also bear in mind that there are large numbers of
Italians in the territory which we will administer. It will
be our duty to protect their rights as vigorously as we
shall the rights of Slovenes or any other groups who may be
subject to our orders.
Finally, in your draft you ask us, in effect, to recognise
certain committees of liberation as the sole agencies
through which we will conduct the civil administration. This
we cannot do. In the proper discharge of his
responsibilities to the two governments, the Supreme Allied
Commander cannot so limit his authority. You, as a soldier,
[Page 846] should
understand this principle. Even if he were free to do so,
the Supreme Allied Commander would not now agree to accept
any person or group of persons as the instruments through
which he will govern the territory without satisfying
himself as to their efficiency and loyalty to the purposes
of his administration. You have the undertaking of our two
governments in the Belgrade
agreement. I am not empowered to add to or further define
that undertaking.
In closing this subject, I should like to venture a final
suggestion. The degree to which Allied Military Government
and the groups whose interests you have been representing
will be able to cooperate will depend, I believe, in large
measure upon the willingness and ability of these groups to
assist us in maintaining order and conducting civil
administration in this area during a difficult period. I
trust you will make this clear to all concerned. If you and
they will have confidence in our desire and ability to
insure a just and impartial regime you will make a great
contribution toward the solution of the problem.
