Foreign Relations of the United States, 1946, Council of Foreign Ministers, Volume II

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

Report by the Deputies to the Council of Foreign Ministers⁵⁵

secret
CFM(46) (NY)19

New York, November 20, 1946.

Peace Treaty With Italy

revised text of paragraphs 7, 8, and 9 of the paris conference recommendation regarding the statute of the free territory of trieste⁵⁶

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.

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) ensuring that the Government of the Free Territory conducts its foreign relations in conformity with the Statute, Constitution and laws of the Free Territory. To this end the Governor [shall be kept currently informed of the negotiation of any treaties or agreements and]⁵⁷ shall have authority to prevent the entry into force of treaties or agreements affecting foreign relations which in his judgment conflict with the Statute, Constitution and laws of the Free Territory. Treaties and agreements as well as exequaturs and consular commissions shall be signed jointly by the Governor and a representative of the Council of Government.

Alternative Texts for First Part of Paraaraph 8(c)

• U.S. Proposal [The appointment of the judiciary from among candidates proposed by the Council of Government or from among other persons (except in the event of the inclusion in the Constitution, as shall be permissible after the Permanent Statute has been in effect for five years, of a provision for the election of judges);]
• U.K. Proposal [The appointment of the juciary under conditions to be laid down in the Constitution;]
• U.S.S.R. Proposal [The appointment of the judiciary from among candidates proposed by the Council of Government unless the Constitution provides for a different manner for filling judicial posts;]
• French Proposal [Confirmation of the appointment of the judiciary on nomination by the Council of Government, which shall draw up a list of candidates in accordance with the procedure laid down in the Constitution;]

Agreed Text for Second Part of Paragraph 8(c)

and, subject to safeguards to be established by the Constitution, the removal of members of the judiciary for conduct incompatible with their judicial office.

8 bis.

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

1. (a) The Council of Government shall submit to the Governor a list of candidates for the post of Director of Public Security. The Governor shall appoint the Director from among the candidates presented to him, or from among other persons after consultation with the Council of Government. He may also dismiss the Director of Public Security after consultation with the Council of Government. [The final decision as regards both appointment and dismissal of the Director shall rest with the Governor.]^*

(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. The Director of Public Security shall normally be under the immediate authority of the Council of Government from which he will receive instructions on questions within his competence.

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) The Governor may require the Council of Government to suspend administrative measures which in his view conflict with his responsibilities as they will be defined in the Statute (observance of the Statute; maintenance of public order and security; respect for human rights). Should the Council of Government object, the Governor may suspend these administrative measures and the Governor or the Council of Government may refer the whole question to the Security Council for decision.

In matters affecting his responsibilities as defined in the Statute the Governor may propose to the Council of Government the adoption of any administrative measures. Should the Council of Government not accept such proposals the Governor may, without prejudice to paragraph 9 below, refer the matter to the Security Council for decision.

9. In cases which in the opinion of the Governor permit of no delay, threatening the independence or integrity of the Free Territory, [public order or respect for human rights], the Governor may directly order and require the execution of [all] 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 security services.

55. At their 119th Meeting, November 19, the Deputies, on the instructions of the Council of Foreign Ministers, examined document CFM(46) (NY) 16, November 18, p. 1194, in the light of the understandings reached by the Council at its 3rd Informal Meeting, November 18 (see the United States Delegation Minutes of that meeting, p. 1186). As a result of the discussion, the Deputies prepared the paper printed here, which was submitted to and discussed by the Council at its 4th Informal Meeting, November 20 (see the United States Delegation Minutes, supra).
56. The paragraphs under reference are those of the French proposal for article 16 of the Draft Peace Treaty with Italy as included in the Recommendations of the Peace Conference, vol. iv, p. 895.
57. Brackets throughout this document appear in the source text and indicate unagreed language.
58. The Soviet and French Delegations consider the words in square brackets superfluous in so far as they are covered by the preceding two sentences. [Footnote in the source text.]