Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

CFM Files

Proposal by the Yugoslav Delegation to the Political and Territorial Commission for Italy

C.P.(IT/P)Doc.103

October 1, 1946.

Amendment Proposed by the Yugoslav Delegation to Part II, Section II, Art. 16 of the Draft Peace Treaty With Italy

This amendment replaces the amendment proposed on the same matter by the Yugoslav Delegation as CP.Gen.Doc.1U.10

Title: Replace the title “Free Territory of Trieste” by the title “Free City of Trieste”.

Article 16 should read as follows:

Article 16

I. Italy renounces her sovereignty to the territory of the City of Trieste and its surroundings, within the following boundaries …

II. The territory of the City of Trieste and its surroundings, as delimited by the boundaries mentioned in paragraph I, shall constitute the Free City of Trieste, according to the following principles:

1. The Free City of Trieste shall have complete independence and integrity assured by the Security Council and shall be in real union with Yugoslavia. The territory of the Free City shall be neutral and demilitarized.

2. Sovereignty in the territory of the Free City of Trieste shall rest with the people. The latter shall exercise their power through the People’s Assembly, elected by universal, equal and direct suffrage, and by secret ballot. Legislative authority shall be exercised by the people’s representative, subject to the sole restriction, that the Constitution and the laws of the Free City of Trieste shall remain within the limits set by the Statute. There shall be no other restrictions.

3. Executive authority shall be exercised by the Council of Government of the Free City of Trieste. The Council of Government shall be appointed and relieved of its functions by the People’s Assembly. All officials and all armed forces for the maintenance of public order shall be placed under the Government. Local self-Government, also elected by democratic suffrage, shall, however, conduct the affairs of self-governing, local, territorial units.

4. The Constitution shall guarantee to all citizens, irrespective of sex, national sentiments, language, race and religion, the fundamental human rights and rights of citizenship.

5. Judiciary shall be organized on the principle of the full freedom and independence of the judges. The details of the organisation shall be provided for by the Constitution.

6. Citizenship of the Free City of Trieste shall be granted to Italian citizens who inhabited the territory of the Free City of Trieste before June 10th 1940, and who continue to live within this territory. The inhabitants, who are not Italian citizens, but who fulfill the other conditions, shall be able to become citizens of the Free City of Trieste by making a statement to this effect. Citizenship shall, however, not be granted to those Italian immigrants who are considered war criminals, or were prominent Fascist leaders or Fascist public servants. Former Austro-Hungarian citizens, who were domiciliated in the Free City before the occupation by the Italian armed forces in 1918, and who left the City on account of the occupation, as well as the children of these citizens, shall be considered citizens of the Free City if they make a statement to this effect.

7. The Port of Trieste shall be an internationalized free port, and Yugoslavia shall be given the right to establish her free zone therein. The parts of the port, which do not serve the needs of international traffic, shall remain under the administration of the Free City.

8. The real union between Trieste and Yugoslavia shall be reflected in a monetary agreement, in a customs union, in a joint railway system, in a joint postal, telegraph and telephone service, in freedom of work and employment on a reciprocal basis, in unrestricted frontier traffic of persons and goods, in the obligation on the part of Yugoslavia to protect the interests of the Free City of Trieste abroad.

9. The observance of the international Statute of the Free City shall be under the supervision of the Security Council.

In questions which concern Yugoslavia in connection with the real union, the Federal People’s Republic of Yugoslavia shall be represented by the Governor of the Free City.

10.

a) The present Military Government shall cease within a period of one month from the coming into force of the Peace Treaty;

b) An Inter-Allied Commission, composed of the representatives of the USA, of the USSR, of the UK, and France, shall be established. This Commission shall exercise the powers of the High Commissioner, pending elections for the Constituent Assembly and the appointment of the Council of Government, which shall be responsible to the Assembly;

c) The Inter-Allied Commission shall, after due consultation with all democratic groups, appoint a Provisional Council of Government, composed of representatives of the Italians and the Yugoslavs, and a Provisional Consultative Assembly, both of which shall exercise authority within the territory under the supervision of the Inter-Allied Commission, and pending elections for the regular Constituent Assembly.