Foreign Relations of the United States, 1946, General; the United Nations, Volume I

London Embassy Files (1946): 800–Trusteeship

Draft Trusteeship Agreement for Tanganyika⁶⁵

undated

[Here follows the text of the preamble, which is the same as that printed in Cmd. 6840, June 1946.]

Article 1.

The territory to which this agreement applies comprises that part of East Africa lying within the boundaries defined by Article 1 of the British Mandate for East Africa and by the Anglo-Belgian Treaty of the 22nd of November, 1934, regarding the boundary between Tanganyika and Ruanda-Urundi.

Article 2.

His Majesty is hereby designated as Administering Authority on behalf of the United Nations for Tanganyika. The responsibility for the administration of Tanganyika which will be undertaken by His Majesty’s Government in the United Kingdom of Great Britain and Northern Ireland.

Article 3.

The Administering Authority undertakes to administer Tanganyika in such a manner as to achieve the basic objectives of the International Trusteeship System laid down in Article 76 of the United Nations Charter, and The Administering Authority further undertakes to collaborate fully with the General Assembly of the United Nations and the Trusteeship Council in the discharge of all their the Council’s functions as defined in Article 87 of the United Nations Charter and in this agreement. The Administering Authority shall to facilitate any periodic or special visits to Tanganyika which they may deem necessary, at times to be agreed upon with the Administering Authority. which the Trusteeship Council or the General Assembly may deem necessary, in accordance with Article 87 (e) of the Charter.

Article 4.

The Administering Authority shall be responsible (a) for the peace, order, good government and defence of Tanganyika, and (b) for ensuring that it shall play its part in the maintenance of international peace and security.

Article 5.

For the above mentioned purposes and for all other purposes of this agreement, as may be necessary, the Administering Authority:

(a) shall have full powers of legislation, administration, and jurisdiction in Tanganyika, subject to the provisions of the Charter and of this agreement;

(b) shall be entitled to constitute Tanganyika into a customs, fiscal or administrative union or federation with adjacent territories under his sovereignty or control, and to establish common services between such territories and Tanganyika where such measures are not inconsistent with the basic objectives of the International Trusteeship System and with the terms of this agreement;

(c) may establish and use military, naval and air bases, erect fortications, and station and employ its own forces in the trust territory in carrying out its obligations toward the Security Council as well as for local defense and the maintenance of law and order within the trust territory;

(d) may enlist volunteer forces for the purpose of carrying out its obligations toward the Security Council and for local defense and the maintenance of law and order within the trust territory.

Article 6.

1. The Administering Authority shall promote the development of political institutions suited to Tanganyika. To this end, the Administering Authority shall assure to the inhabitants of Tanganyika a progessively increasing share in the administrative and other services of the territory; shall develop the participation of the inhabitants of Tanganyika in advisory and legislative bodies and in the government of the territory, both central and local, as may be appropriate to the particular circumstances of the territory and its peoples; and shall take all other appropriate measures with a view to the political advancement of the inhabitants of Tanganyika towards the objectives of self-government or independence as prescribed in Article 76(b) of the United Nations Charter.

[Additional sentence to be added in case of Togoland and Cameroons: In considering the measures to be taken under this Article the Administering Authority shall, in the interests of the inhabitants, have special regard to the provisions of Article 5(a) of this Agreement.]

2. The Administering Authority shall collaborate fully with the Trusteeship Council in the conduct of any surveys of the development of the political institutions and the capacity for self-government of the inhabitants of Tanganyika which the Administering Authority and Trusteeship Council agree it would be useful to hold. The Administering Authority and the Trusteeship Council shall likewise agree upon the time at which any such survey can usefully be held, and upon the most appropriate methods of ensuring the free expression of the wishes of the local population during the conduct of such survey.

Article 7.

The Administering Authority undertakes to apply in Tanganyika the provisions of any international conventions and recommendations already existing or which may hereafter be drawn up by the United Nations or specialised agencies referred to in Article 57 of the United Nations Charter which may be appropriate to the particular circumstances of the territory and its peoples, and which would the application of which would in his opinion conduce to the achievement of the basic objectives of the International Trusteeship System.

Article 8.

In framing laws relating to the holding or transfer of land and resources, the Administering Authority shall take into consideration native laws and customs, and shall respect the rights and safeguard the interests, both present and future, of the native population. No native land⁶⁶ may be transferred, except between natives, save without the previous consent of the competent public authorities. No real rights over native land and resources⁶⁷ in favour of non-natives may be created except with the same consent.

Article 9.

Subject to the provisions of Article 10 of this agreement, the Administering Authority shall take all necessary steps to ensure equal treatment in social, economic, industrial and commercial matters for all members of the United Nations and their nationals and to this end:—

(a) The Admistering Authority shall ensure the same rights to all nationals of members of the United Nations as to his own nationals in respect of entry into and residence in Tanganyika, freedom of transit and navigation, including freedom of transit and navigation by air, acquisition of property both movable and immovable, the protection of person and property, and the exercise of professions and trades;

(b) The Administering Authority shall not discriminate on grounds of nationality against nationals of any member of the United Nations in matters relating to the grant of concessions for the development of the natural resources of Tanganyika, and shall not grant concessions having the character of a general monopoly;

(c) The Administering Authority shall ensure equal treatment in the administration of justice to the nationals of all members of the United Nations.

The rights conferred by this Article on nationals of members of the United Nations apply equally to companies and associations controlled by such nationals and organised in accordance with the law of any member of the United Nations.

Article 10.

Measures taken to give effect to Article 9 of this agreement shall be subject always to the overriding duty of the Administering Authority in accordance with Article 76 of the Charter to promote the political, economic, social and educational advancement of the inhabitants of Tanganyika, to carry out the other basic objectives of the International Trusteeship System, and to maintain peace, order and good government.

The Administering Authority shall in particular be free:—

(a) to organise essential public services and works on such terms and conditions as he thinks just;

(b) to create monopolies of a purely fiscal character in order to provide Tanganyika with the fiscal resources which seem best suited to local requirements, or otherwise to serve the interest of the inhabitants of Tanganyika;

(c) to establish, under conditions of proper public control, such other monopolies or undertakings having in them an element of monopoly as appear to him to be in the interests of the economic advancement of the inhabitants of Tanganyika.

(Revision suggested by British)

. . . . The Administering Authority shall in particular be free:

(a) No change.

(b) No change.

(c) For specific purposes, and as the interests of the economic advancement of the inhabitants of Tanganyika may require it, to establish, or permit to be established, other monopolies or undertakings having in them an element of monopoly, under conditions of proper public control.

Article 11.

Nothing in this agreement shall of itself entitle any member of the United Nations to claim for itself or for its nationals, companies or and associations in Tanganyika the application of a more advantageous regime than that member itself grants in its own territory to Tanganyika and its inhabitants the benefits of Article 9 of this agreement in any respect in which it does not give to the nationals, companies and associations of Tanganyika equality of treatment with the nationals, companies and associations of any other state.

Article 11a.

The Administering Authority shall⁶⁸ continue and extend the general system of elementary education throughout Tanganyika, designed to abolish illiteracy and to facilitate the vocational and cultural advancement of the population, child and adult. It shall provide such facilities as may prove necessary⁶⁹ in the interests of the inhabitants for qualified students to receive higher⁷⁰ education, including training on the professional level.

Article 12.

The Administering Authority shall ensure in Tanganyika complete freedom of conscience and, so far as is consistent with public order and morality, freedom of religious teaching, and the free exercise of all forms of worship. which are consistent with public order and morality. Subject to the provisions of Article 8 of this agreement and the local laws. Missionaries who are nationals of States members of the United Nations shall be free to enter Tanganyika and to travel and reside in Tanganyika therein, to acquire and possess property, and to erect religious buildings and to open schools and hospitals in throughout the territory. The provisions of this Article shall not, however, affect the right and duty of the Administering Authority to exercise such control as he may consider necessary for the maintenance of peace, order and good government and for the educational advancement of the inhabitants of Tanganyika, and to take all measures required for such control.

Article 12a.

Subject only to the requirements of public order, the Administering Authority shall guarantee to the inhabitants of the trust territory freedom of speech, of the press, of assembly, and of petition.

Article 13.

1. The Administering Authority shall make to the General Assembly of the United Nations an annual report on the basis of a questionnaire drawn up by the Trusteeship Council in accordance with Article 88 of the United Nations Charter and submit such special reports upon particular matters as may be called for by the General Assembly or the Trusteeship Council.

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.

The Administering Authority shall designate a special an accredited representative to be present at the sessions of the Trusteeship Council at which the reports of the Administering Authority with respect to Tanganyika are considered.

Article 14.

Nothing in this agreement shall affect the right of the Administering Authority to propose, at any future date, the amendment of this agreement for the purpose of designating the whole or part of Tanganyika as a strategic area in accordance with Articles 82 and 83 of the United Nations Charter or for any other purpose not inconsistent with the basic objectives of the International Trusteeship Agreement.

Article 15.

The terms of this agreement shall not be altered or amended except as provided in Article 79 and Article 83 or 85, as the case may be, of the United Nations Charter.

Article 16.

If any dispute whatever should arise between the Administering Authority and another member of the United Nations relating to the interpretation or application of the provisions of this agreement, such dispute, if it cannot be settled by negotiation or other means, shall be submitted to the International Court of Justice provided for in Chapter XIV of the United Nations Charter.

Article 17.

(The Administering Authority may, on behalf of Tanganyika) accept membership in any regional advisory Commission, regional authority, or technical organisation, or other voluntary association of states, may cooperate with specialised international bodies, public or private, and may engage in other forms of international cooperation, not inconsistent with the Charter.

65. Enclosure to a letter of July 15 from the Deputy Director of the Office of Near Eastern and African Affairs (Villard) to the First Secretary of the American Embassy in the United Kingdom (Hare), not printed (London Embassy Files: 800–Trusteeship).

    Additions to the text printed in Cmd. 6840 are underscored; deletions are indicated by canceled type.

    A British text of this draft agreement was transmitted to the Department by the British Embassy on July 31 (see p. 612 for covering letter), and is the same as the American draft except as noted below. The British text was entitled “Revise ‘A’ (June, 1946)”, and is referred to in subsequent British communications either under this name or as “the joint text of June”. In such instances reference should be made to the U.S. draft here printed.

66. The British Embassy text transmitted to the Department on July 31 included the words “or resources” at this point (FW 862S.01/7–3146).
67. The British text read: “or resources”.
68. The British text at this point included the words “as may be appropriate to the circumstances of the territory”, set off by commas.
69. In the British text the words “desirable and practicable” were used in place of “necessary”.
70. The British text inserted “secondary and” ahead of “higher”.