Foreign Relations of the United States: Diplomatic Papers, 1945, General: The United Nations, Volume I

RSC Lot No. 122 (Rev): SC–79

Memorandum by the Interdepartmental Committee on Dependent Areas⁷⁶

[Washington,] March 17, 1945.

The attached draft statement of arrangements for international trusteeship is submitted to the Secretary’s Staff Committee from the Inter-Departmental Committee on Dependent Areas for consideration and approval prior to its clearance with other interested departments and with the President.⁷⁷ Following such clearance, this document will be transmitted to the other governments as our part of an exchange of documents on this subject.

The Inter-Departmental Committee is also considering: (1) a draft declaration regarding the administration of dependent areas; and (2) a draft plan for regional advisory commissions.

The overriding importance of the trusteeship question and the shortness of time make it essential that the paper on trusteeship be transmitted at the earliest possible date.

It is understood that the British Embassy has a paper covering the three subjects (trusteeship, draft declaration, and regional commissions) which they would be ready to give us as soon as it is cleared with the Dominions and, presumably, whenever we are ready to exchange papers with them.

A telegram has been sent to our missions at London, Moscow, and Chungking⁷⁸ proposing that discussions at the technical level be held shortly after the first of April and suggesting that France be invited to participate in the exchange of papers and in the discussion thereof.

ANNEX I

Chapter ——

Arrangements for International Trusteeship

• (Note 1: This draft deals with principles and mechanism only and makes no assumption about the inclusion of any specific territory.)
• (Note 2: If included as a chapter of the Charter of the Organization, the provisions of this draft would need to be harmonized with the other provisions of the Charter.)

Section A

Purposes

1. The Organization should establish under its authority a system of international trusteeship for the administration and supervision of such territories as may be placed thereunder.

2. The basic objectives of the trusteeship system should be: (a) to further international peace and security; (b) to promote, in accordance with the provisions of a declaration of principles to be agreed Upon, the political, economic, and social advancement of the trust territories and their inhabitants and their progressive development toward self-government; and (c) to provide for non-discriminatory treatment in trust territories for the economic and other appropriate civil activities of the nationals of all member states.

Section B

Scope and Method of Establishment

1. The trusteeship system should apply only to such territories in the following categories as may, by trusteeship arrangements, be placed thereunder: (a) territories now held under mandate; (b) territories which may be detached from enemy states as a result of this war; and (c) territories voluntarily placed under the system by states responsible for their administration.

2. The trusteeship arrangements by which territories would be placed under the trusteeship system should in each case include:

a. a statement establishing the title in the Organization as trustee;

b. the designation of the administering authority, which may be either a member, state or an international mixed commission;

c. the designation, where strategic considerations are controlling and in the interest of security, of certain territories, or parts thereof, as strategic areas for the purposes of the trusteeship system;

d. a statement of the respective rights and responsibilities of the Organization and of the administering authority taking into account, in giving effect to the basic objectives of the trusteeship system, the geographical situation of the territory, its political and economic characteristics, and its designation as a strategic or non-strategic area; and

e. appropriate provision for non-discriminatory treatment for the nationals of all member states, with such exceptions in strategic areas as may be required in the interest of security.

Section C

Structure and Procedures

1. The functions of the Organization with respect to the trusteeship system should, be exercised, as specified in Sections E, F, G, and H, by the General Assembly and the Trusteeship Council, each acting by a two-thirds vote of those present and voting, and, with respect to matters concerning strategic areas, also by the Security Council, acting with the concurrence of all of the permanent members.

2. The Trusteeship Council should be composed of specially qualified representatives designated (a) one each by the states administering trust territories, and (b) one each by an equal number of other states named for three-year periods by the General Assembly, initial designations being so arranged that one-third would expire each year. The Trusteeship Council should make provision for appropriate representation of international mixed commissions administering trust territories. It should make arrangements for representatives of appropriate specialized organizations or agencies to participate in its deliberations, without the right to vote.

3. The Trusteeship Council should have the technical assistance of a permanent staff which should constitute a part of the Secretariat of the Organization.

Section D

Territorial Charters

1. As soon as practicable after the trusteeship arrangements for a territory are completed, the administering authority thereof should submit to the General Assembly the territorial charter for the administration of that trust territory. This territorial charter should be drawn in accordance with the general terms of the trusteeship arrangements and should set forth the rights and obligations of the parties concerned and the fundamental rights of the inhabitants. This charter should become effective on approval by the General Assembly and should constitute a part of the organic law of the territory.

2. The terms of each territorial charter should take into account the stage of development of the people and other relevant factors.

Section E

Concurrent Powers of the General Assembly, the Trusteeship Council and the Security Council

The General Assembly and the Trusteeship Council, and, in the case of strategic areas, the Security Council, acting concurrently, should have authority:

a. to alter the trusteeship arrangements;

b. to amend the territorial charters within the scope of the respective trusteeship arrangements;

c. to remove an administering authority for failure to fulfill the terms of its trusteeship arrangement or of the territorial charter, and to arrange for the designation of another administering authority;

d. to determine the conditions which must be met for the attainment of self-governing status; and

e. to terminate trusteeship over any territory when these conditions have been met.

Section F

Powers of the General Assembly

The General Assembly should be empowered:

a. to negotiate and approve on behalf of the Organization the several trusteeship arrangements by which territories are placed under the trusteeship system of the Organization;

b. to approve the territorial charters;

c. to call for and to consider the reports and decisions of the Trusteeship Council, and to make recommendations thereon:

d. to institute investigations into any aspect of the trusteeship system and administration, subject, in the case of strategic areas, to such provisions in the respective trusteeship arrangements as may be required for security purposes;

e. to make recommendations, on its own initiative, or on the recommendation of the Trusteeship Council, regarding the economic, social, and political development of any trust territory; and

f. to exercise such other powers, in addition to those specified above, as may be vested in it by any trusteeship arrangement.

Section G

Powers of the Trusteeship Council

1. The Trusteeship Council should be empowered:

a. to advise the authorities administering trust territories;

b. to receive petitions;

c. to assist the Security Council at its request;

d. to make public its records and reports;

e. to adopt its own rules of procedure and the method of selecting its President; and

f. to exercise such other powers, in addition to those specified above, as may be vested in it by any trusteeship arrangement.

2. The Trusteeship Council, subject, in the case of strategic areas, to such provisions in the respective trusteeship arrangements as may be required for security purposes, should also be empowered:

a. to call for and examine reports from the administering authorities;

b. to interrogate representatives of those authorities;

c. to review periodically the financial position of each trust territory;

d. to conduct periodic inspections in the trust territories.

Section H

Powers of the Security Council

The Security Council should have authority to exercise such other powers in addition to those specified herein as may be vested in it by any trusteeship arrangement.

Section I

Finance

The revenues of each trust territory should be employed exclusively for the administration and development of the territory. Any additional amounts required for these purposes should be provided by the administering authority, with such assistance in obtaining financing, when necessary, as may be arranged by the General Assembly. The costs of supervision by the Organization should be provided in the budget of the Organization.

76. This committee (whose State Department representatives were appointed on January 5) held its first meeting on February 2 and its last on March 15. For information on the interdepartmental consideration of trusteeship, see Post-war Foreign Policy Preparation, pp. 387 ff. and 428 ff.
77. The above-mentioned draft statement (SC–79), as amended at the final meeting of the Interdepartmental Committee on Dependent Areas on March 15, was recorded as the ninth draft. The Secretary’s Staff Committee gave its approval on March 20 before the paper was submitted to the Secretaries of War and the Navy and the Joint Chiefs of Staff for clearance. President Roosevelt informed Secretary Stettinius, orally, on March 29 that they would review the trusteeship paper within a week or ten days.
78. Telegram 2019, March 16, midnight, to London, p. 128.