Doc. No. 35 (G).
Memorandum on the Clauses of the Draft Peace Treaty Concerning Fiume and Zara (Art. 11)
Article 11
Included in the territory which, under the terms of Article 11 of the draft Peace Treaty, should be ceded to Yugoslavia by Italy is the city of Fiume, together with the surrounding area.
The future disposal of this city calls for rather special consideration.
From the time of its incorporation into Austria (1471) until the collapse of the Austro-Hungarian monarchy, the city of Fiume has enjoyed a special autonomous status. In 1779, Fiume was solemnly declared a “corpus separatum” annexed to the Hungarian Crown, and it has always enjoyed this special juridical position. The reason for this is to be found in the Italian character of the city, which has always been acknowledged, and which has always been resolutely defended, as regards both Hungary and Croatia.
After the collapse of the Austro-Hungarian Monarchy, the Italo-Yugoslav Treaty signed at Rapallo on 12th November, 1920, recognised the independent state of Fiume, which was effectively organised on democratic lines with a Constitution adopted by a Constituent Assembly freely elected by the people. The independent State of Fiume was also recognised by the Governments of the other Powers.
The two Governments which signed the Treaty of Rapallo undertook “to respect in perpetuity” the independence and liberty of the State of Fiume (Art. 4).
After the events which followed the conclusion of the Treaty of Rapallo, the solution which would now be most consonant with justice and the wishes of the population of Fiume, would be to re-establish the Free State of Fiume as it was recognised by the Treaty of Rapallo, as the latter was the outcome of free negotiation between the two countries directly concerned.
It would, in any case, be essential to provide certain guarantees to ensure that, in becoming a part of Yugoslavia, the city of Fiume should be accorded a statute in harmony with its special circumstances and its traditions.
To this end the Treaty should provide that Fiume, as well as the territory which formed part of the Free State of Fiume, under the terms of the Treaty of Rapallo, should be granted legislative, administrative and judicial autonomy.
The peace Treaty must also provide that the statute of Fiume should be guaranteed by U.N.O.
[Page 139]Certain guarantees for administrative autonomy should also be stipulated in the Peace Treaty for the city of Zara and for other communities in Istria where the majority of the inhabitants are Italian-speaking.