Office of the Historian

C.F.M. Files: Lot M–88: Box 2079: CFM Documents

Report by the Deputies to the Council of Foreign Ministers43

secret
CFM(46) (NY) 16
New York, November 18, 1946.

Peace Treaty With Italy

revised text of paras. 7, 8 and 9 of the conference recommendation regarding the statute of the free territory of trieste44

7. The Governor shall have the right to be present at all meetings of the Council of Government. He may express his views on all questions affecting his responsibilities.

[Page 1195]

8. The responsibilities of the Governor shall include:

  • [(a) Ensuring that public order and security are maintained by the [Government] of the Free Territory in accordance with the Statute, the Constitution and the laws of the Free Territory.]*
  • [(b) Foreign relations (not yet discussed)]
  • [(c) Appointment of judiciary (not yet discussed)]

The Governor’s responsibilities [under 8(a)]† shall be exercised in the following manner:

[1(a) The Director of Public Security in the Territory shall be appointed by the Governor after consultation with the Council of Government. He may be dismissed by the Governor (Proposed by the French, U.K. and U.S.A. members)];

[1(a) The Director of Public Security in the Territory shall be appointed and may be dismissed by the Governor on the proposal of the Council of Government (Proposed by the Soviet member)];

(b) Members of the Police Force and of the Security Services shall be recruited by the Director of Public Security and shall be subject to dismissal by him.

[2. On matters within his competence, the Director of Public Security shall normally receive instructions from the Council of Government (Proposed by the French, U.K. and U.S.A. members).]

[2. The Director of Public Security shall in normal times be subordinate to the Council of Government from which he will receive instructions in matters within his competence. (Proposed by the Soviet member).]

3 (a) The Governor shall receive regular reports from the Director of Public Security and shall consult with him on any questions coming within the competence of the Director;

(b) The Governor shall be informed by the Council of Government of its instructions to the Director of Public Security and may express his opinion thereon;

(c) [In matters which in his view affect his responsibilities (observance of the Statute, maintenance of public order and security; respect of human rights) the Governor may propose to the Council of Government [in cases expressly laid down in the Statute] the suspension of administrative measures adopted in violation of the Statute.] Should the Council of Government object, the Governor may suspend these administrative measures and refer the whole question to the Security Council for decision. [The Governor may also in the same matters propose to the Council of Government the adoption of any administrative measures.]

[9. In cases which in the opinion of the Governor permit of no delay, threatening the independence or integrity of the Free Territory, [Page 1196] [public order or respect for human rights], the Governor may directly order and require the execution of appropriate measures subject to an immediate report thereon being made to the Security Council. In the same circumstances, he may himself assume, if he deems it necessary, control of the police services.]

  1. After discussing the relationship of the Governor and the Director of Police under the proposed Statute for the Free Territory of Trieste at their 1st and 2nd Informal Meetings, November 15 and 16 (see the United States Delegation Minutes, pp. 1166 and 1174), the Council of Foreign Ministers instructed the Deputies to prepare a paper incorporating the results of those discussions. At their 118th Meeting, November 17, 11 a.m., the Deputies reviewed the understandings reached by the Council and assigned to a special drafting committee the task of preparing this paper. This paper was discussed by the Council at its 3rd Informal Meeting, November 18 (see United States Delegation Minutes, supra), and the understandings reached at that meeting were incorporated by the Deputies in a revised paper, CFM(46) (NY)19, November 20, p. 1211.

    Brackets throughout this paper appear in the source text and indicate unagreed language.

    ↩
  2. The paragraphs under reference are those of the French proposal for article 16 of the Draft Peace Treaty with Italy as included in the Record of Recommendations of the Peace Conference, vol. iv, p. 895.↩
  3. Three members of the Drafting Committee understood that the Deputies had decided to submit the above formula to the Ministers for their consideration. The Soviet member considered that the text should include the words “administered and” before the word “maintained”. [Footnote in the source text.]↩
  4. The Soviet member considered these words unnecessary. [Footnote in the source text.]↩