Memorandum Prepared in the Division of Dependent Area Affairs
Supplementary Comments on the Draft Terms of Trusteeship for Tanganyika, and the Cameroons and Togoland Under British Mandate52
Suggestions Relating to Procedural Matters and Drafting Changes
Comment.—In view of the requirement of Article 81 of the Charter that the Administering Authority shall be “one or more states or the Organization itself”, it seems desirable to designate “the United Kingdom of Great Britain and Northern Ireland” rather than “His Majesty” as the Administering Authority. It likewise seems desirable to set forth in clear terms the basic role of the Administering Authority in the trusteeship system of the United Nations. The following revised wording is therefore suggested:
“The United Kingdom of Great Britain and Northern Ireland is hereby designated as Administering Authority for ________ and, in the exercise of rights and duties conferred upon it in this agreement, shall serve as agent of the United Nations as trustee.”
Comment.—Since both the General Assembly and the Trusteeship Council are given important functions in the Charter of the United Nations with respect to the trusteeship system, the Administering [Page 587] Authority should undertake to give effect to the actions of both of these organs in discharging with respect to the trust territory the functions set forth in the Charter and in the terms of trusteeship. The following revised wording is suggested for the latter portion of this Article:
“… and to give effect to the actions of the General Assembly and the Trusteeship Council in discharging their functions with respect to _______ as defined in the United Nations Charter and in this agreement.”
Comment.—In view of the fact that this Article bears upon the responsibilities of the Administering Authority with respect to internal and international security, it is suggested that the words “good government” might properly be eliminated in this Article. The designators (a) and (b) might also be eliminated.
Comment.—It is suggested that paragraph (a) of the draft terms for Tanganyika should contain, as do the draft terms for Togoland and the Cameroons, the words “subject to the provisions of this agreement”.
Comment.—It is suggested that the introductory clause to Article 10 be revised to include the conception that the obligations specified in this Article are obligations of the United Nations as well as of the Administering Authority. The introductory clause so revised would read as follows:
“Measures taken to give effect to Article 9 of this agreement shall be subject always to the overriding obligation of the United Nations and of the Administering Authority to promote the political, economic, social and educational advancement of the inhabitants of ________, and to carry out the other basic objectives of the International Trusteeship System as stated in Article 76 of the Charter. The Administering Authority shall in particular be free:”
It is suggested that the words “as appear to him to be” in paragraph (c) be replaced by the words “as may be”. The exercise of the right set forth in paragraph (c) should be made subject to the approval of the Trusteeship Council.
Comment.—It is believed that this important aspect of the trusteeship system would be made still more effective in its practical application by the inclusion of two additional clauses, the first of which would [Page 588] make possible requests for special reports should this seem desirable, and the second of which would put into writing a useful practice which was quite generally followed under the Mandates System.
- “1. The General Assembly or the Trusteeship Council may call upon the Administering Authority to submit special reports upon particular matters.
- 2. The Administering Authority shall include in its reports to the General Assembly information concerning the measures taken to give effect to suggestions and recommendations of the General Assembly and the Trusteeship Council.”
Article 13a (new)
Comment.—The following suggested Article is also based upon a practice of the Mandates System which it might be useful to formalize in the trusteeship terms.
“The Administering Authority shall designate a special representative to be present at the sessions of the Trusteeship Council at which the reports of the Administering Authority with respect to _______ are considered.”
Comment.—It is suggested that the phrase “in accordance with Articles 82 and 83 of the United Nations Charter” be omitted, since the procedure of amending trusteeship agreements is fully specified in the Charter.
Comment.—In view of the fact that these draft terms of agreement are non-strategic in character, the alteration or amendment of them should take place in accordance with Article 79 and 85 of the Charter.
Comment.—Consideration might be given to the addition of a clause on advisory opinion.
Article 16a (new)
Comment.—Article 87(c) of the Charter states that visits to trust territories may be provided for at times “agreed upon with the Administering Authority”. It therefore seems appropriate to include within each trust agreement a provision of the character of the clause which follows:
“The Administering Authority shall facilitate any periodic or special visits to _______ which the Trusteeship Council or the General Assembly may deem necessary, in accordance with Article 87 (c) of the Charter.”
- This document was not transmitted to the British Government at this time, but was handed informally to representatives of the Foreign Office in London in June by Mr. Benjamin Gerig, Chief of the Division of Dependent Area Affairs. For the London conversations, see Mr. Gerig’s “Report” to the Acting Secretary, dated July 1, p. 601.↩