860H.01/12–1644
The Ambassador Near the Yugoslav Government in
London (Patterson) to the Secretary of State
restricted
No. 7
London, December 16,
1944.
Subject: Agreements between Dr. Subasic and Marshal Tito.
Sir: I have the honor to report that Prime
Minister Subasic today handed
me translations of the following agreements between himself and
Marshal Tito:
- 1.
- Agreement of November 1, 1944.
- 2.
- Agreement entitled “Elections for the Constituent Assembly
and Organization of Public Powers”, dated December 7,
1944.
- 3.
- Agreement entitled “Property of H. M. the King and Regency
Council”, dated December 7, 1944.
- 4.
- Communiqué dated December 7, 1944.
Copies of these translations are enclosed. The translation of the
agreement of November 1, 1944 is apparently a revision of the
undated draft submitted by Mr. R. E.
Schoenfeld in his despatch (Yugoslav) No. 18 of
November 8, 1944,1
and the two versions are not essentially different. Enclosures Nos.
2, 3 and 4 comprise the “supplemental agreements” referred to in my
telegram Yugos 8 of December 12,
1944.1 The
wording of these agreements is far from precise in some instances
and would seem to permit considerable latitude in
interpretation.
Respectfully submitted,
Richard C. Patterson,
Jr.
[Enclosure 1]
restricted
Agreement
between the President of the National Committee
of Liberation of Yugoslavia, Josip
Broz Tito, and the Prime Minister of the Royal
Yugoslav Government, Dr. Ivan
Subasic.
In compliance with the principle of the continuity of the
Yugoslav State from the point of view of international law, and
the clearly expressed will of all Yugoslav nations, demonstrated
by their four years’ struggle for a new, independent and federal
State, built up on the principles of democracy, we desire and
make every effort for the people’s will to be respected at every
step and by everybody, both with regard to the internal
organization of the State and to the form of government, and
therefore intend to comply with the fundamental and general
principles of constitutional government proper to all truly
democratic States.
Yogoslavia being acknowledged among the United Nations in its
established form, and functioning as such, we shall continue to
represent our country abroad and in all acts pertaining to
foreign policy in the same way, up to the time when our State,
the democratic, federative Yugoslavia of the future, assumes, by
a free decision of the people, the definite form of its
government.
In order to avoid any possible tension of relations in the
country, we have agreed that King Peter II shall not return to the country until
the people have pronounced their decision in this respect, and
that in his absence the Royal Power should be wielded by a
Regency Council.
The Regency Council will be appointed by a constitutional act of
the Bang, on the proposal of the Royal Government, and in
agreement [Page 252] with the
President of the National Committee of Liberation of Yugoslavia,
Marshal J. B. Tito, and
the President of the Royal Government, Dr. Ivan Subasic. The Regency
Council take their oath to the King, while the Government take
their oath to the people.
The President of the National Committee of Liberation of
Yugoslavia, Marshal Josip Broz
Tito, and the President of the Royal Yugoslav
Government, Dr. Subasic,
with the full concurrence of the Anti-Fascist Council of
Liberation of Yugoslavia, agree that the Govern ment be formed
as follows:
- 1.
- President;
- 2.
- Vice-President;
- 3.
- Minister of Foreign Affairs;
- 4.
- Minister of the Interior;
- 5.
- Minister of National Defense;
- 6.
- Minister of Justice;
- 7.
- Minister of Education;
- 8.
- Minister of Finance;
- 9.
- Minister of Trade and Industry;
- 10.
- Minister of Communications;
- 11.
- Minister of Post, Telegraphs and Telephones;
- 12.
- Minister of Forests;
- 13.
- Minister of Mines;
- 14.
- Minister of Agriculture;
- 15.
- Minister of Social Welfare;
- 16.
- Minister of National Health;
- 17.
- Minister of Public Works;
- 18.
- Minister of Reconstruction;
- 19.
- Minister of Food;
- 20.
- Minister of Information;
- 21.
- Minister for Colonization;
- 22.
- Minister for the Constituent Assembly;
- 23.
- Minister of State for Serbia;
- 24.
- Minister of State for Croatia;
- 25.
- Minister of State for Slovenia;
- 26.
- Minister of State for Montenegro;
- 27.
- Minister of State for Macedonia;
- 28.
- Minister of State for Bosnia and Hercegovina.
This form of government in Yugoslavia shall remain in force up to
the decision of the Constituent Assembly, i. e., until the final
constitutional organization of the State will be
established.
The new Government will publish a declaration proclaiming the
fundamental principles of the democratic liberties and
guaranteeing their application. Personal freedom, freedom from
fear, freedom of worship, liberty of conscience, freedom of
speech, liberty of the press, freedom of assembly and
association, will be specially emphasized and guaranteed; and,
in the same way, the right of property and private initiative.
The sovereignty of the national individualities within the State
and their equal rights will be respected and safeguarded, as [Page 253] decided at the Second
Session of the Anti-Fascist Council of National Liberation of
Yugoslavia. Any predominance of one nation over another will be
excluded.
November 1,
1944.
The President of the Royal Yugoslav Government:
Dr. Ivan
Subasic
November 1, 1944.
The President of the National Committee of Liberation of
Yugoslavia:
J. B. Tito
[Enclosure 2]
Elections for the Constituent Assembly and
Organization of Public Powers
1. Elections for the Constituent Assembly will be decided upon
within three months of the liberation of the whole country. The
elections will be held in accordance with the Law on Elections for the
Constituent Assembly which will be enacted in good time. This
law will guarantee complete freedom of elections, freedom of
assembly and speech, liberty of the press, franchise for all and
a secret ballot, as well as the right of independent or united
political parties, corporations, groups and individuals—who have
not collaborated with the enemy—to present lists of candidates
for the election. All those whose collaboration with the enemy
will have been proved, will be deprived of both the right to
elect and to be elected.
2. The Anti-Fascist Council of the National Liberation of
Yugoslavia will wield the legislative power until the
Constituent Assembly will have completed its task.
3. The Government will be responsible for the organization of the
executive power.
4. One of the first and foremost tasks of the new Government will
be to organize the judiciary power in the country in a
democratic spirit. The Courts of Justice will be independent in
their proceedings and the judges will decide according to the
law and to their conscience.
December 7,
1944.
J. B. Tito
Dr. Ivan
Subasic
[Enclosure 3]
Property of H. M. the King and Regency
Council
1. H. M. King Peter II can
dispose of his estates and property in the country during his
absence. The superintendence of the Royal Estates will for that
period be under the supervision of the Regency Council.
[Page 254]
2. Regular intercourse between H. M. the King and the Regency
Council will be established and guaranteed.
3. In case of disability, ill-health, death or resignation of one
of the Regents, H. M. the King will, on the proposal of the
Government, appoint one other Regent in his place.
Belgrade,
December
1944.
J. B. Tito
Dr. Ivan
Subasic
(Note by Embassy: The Croatian copy of the above agreement is
dated December 7, 1944)
[Enclosure 4]
Communiqué
In the course of the negotiations which have taken place in
Belgrade between the President of the National Liberation
Committee of Yugoslavia, Marshal Josip Broz Tito, and the Prime Minister of the
Royal Yugoslav Government, Dr. Ivan
Subasic, before and after Dr. Subasic’s visit to Moscow, and
completed on December 7, 1944, both the question of the
formation of a single Yugoslav Government and the question of
the transitional regime of the Yugoslav State, pending the
decisions of the Constituent Assembly, have been exhaustively
discussed.
At that occasion, it was decided that a single Yugoslav
Government be formed, consisting of representatives of all
nations and federal units of Yugoslavia and including
individuals of various political opinions supporting the
fundamental aspirations of the national liberation struggle.
This Government would be expected, as early as may be, to
establish civic authorities in the country, to proceed to
economic reconstruction, and to prepare and carry out elections
to the Constituent Assembly.
Decisions were also taken making it possible for the nations of
Yugoslavia to express, in these elections, their true will in
full freedom.
During the talks, Marshal Tito and Dr. Subasic discussed the provisional regime to be
set up in the transitional period before the elections, bearing
in mind the achievements in the struggle for national
liberation, conditions and feelings throughout the country, as
well as the international status of Yugoslavia among the United
Nations.
Belgrade,
December 7,
1944.
