CFM Files
United States Delegation Journal
USDel (PC) (Journal) 51
The Commission considered Article 14 and related amendments. Colonel Hodgson (Australia) withdrew his Delegation’s amendment (CP Gen Doc. 1 B 5) which, he pointed out, was identical with the second portion of the Australian amendment to Article 13 which had been defeated in a previous meeting. The Representative of Yugoslavia spoke in favor of his Delegation’s amendment to this Article (CP Gen Doc. 1 U 9). It was supported by the representatives of Poland and Byelorussia, while Mr. Dunn and the Representative of the U.K. spoke against it. M. Moutet (France) agreed with Mr. Dunn in opposing the first part of the Yugoslav amendment which would have added instruction in the “mother tongue” to the human rights provisions of Article 14. However, he supported the second part of the Yugoslav amendment, which reads as follows:
“Article 14a
“Italy agrees not to take any proceedings whatsoever against:
- “(a) Persons who expressed themselves in favour of their locality or any parts of Italy being ceded to any Allied Associated Power, who engaged in activities to this end or took action, vis-à-vis international organisations or commissions in favour of a solution of the frontier question detrimental to Italy.
- “(b) Italian nationals or members of the armed forces who deserted from the Italian army or joined Allied military units or resistance movements in the rear or under the occupation.”
The first paragraph of the Yugoslav amendment (U 9) was rejected by a vote of 9 to 5, with 6 abstentions. The second part of this amendment, however, was adopted by a vote of 13 to 6, with 1 abstention (New Zealand).
The Representative of Greece spoke in favor of his Delegation’s amendment to Article 68, which had been referred to the Political and Territorial Commission by the Economic Commission for Italy (CP (IT/P)Doc. 79). The amendment provided for the restoration of legal rights and interests of the Greek Orthodox establishments in Italy as well as for the enjoyment of spiritual liberty and freedom of worship. The Representatives of France and the U.K. favored sending this amendment to the Legal and Drafting Commission while Colonel Hodgson proposed sending it back to the Economic Commission. It was finally decided by vote of the Commission to refer the Greek amendment to the Legal and Drafting Commission to give a ruling on whether the substance of the amendment was not in fact already covered by other provisions in the Draft Treaty.31 Article 14 was adopted without further comment.
The Commission then took up the articles relating to special interests of China (Section IV) and Dr. Quo (China) spoke on them. He described them principally as drafting changes to accord with the existing situation in Italo-Chinese affairs.32 He was supported by Mr. Dunn and M. Moutet. The Chinese amendments to Articles 18, 19, and 20 were adopted without objection, as well as draft Articles 18, 19, and 20.
The Commission then adopted Article 37 (Section VIII—Bilateral Treaties) and Article 63 (Part 5—Withdrawal of Allied Forces).
In response to a request from the Albanian Delegation, it was agreed to invite it to express its views on Articles 21–26, inclusive, (Section V—Albania). On proposal from Mr. Dunn it was agreed to comply with the Italian Delegation’s request to be heard on the articles of the treaty relating to Albania and Ethiopia (Sections V and VI).
- See Annex 4 to C.P.(Plen) Doc. 28, Report of the Legal and Drafting Commission on the Draft Peace Treaty with Italy, vol. iv, p. 429.↩
- The changes proposed by the Chinese delegation were contained in C.P. (Gen) Doc.1.G.2.↩