Proposal by the French Delegation to the Political and Territorial Commission for Italy
Statute of the Free Territory of Trieste
Proposal by the French Delegation
Having taken note of the report of the Sub-Commission on the Statute of the Free Territory of Trieste
Approves those provisions in the draft Statute on which unanimous agreement has been reached by the Sub-Commission,
And in order to facilitate the elaboration by the Council of Foreign Ministers of the Permanent Statute, the Free Port Regime, and the Provisional Regime, the Commission
The principles contained in paragraphs 2, 4, and 6 of the decision of the Council of Foreign Ministers of July 3, 1946, which appears under Article 16 of the Draft Treaty should be expanded in the Permanent Statute as follows:
(1) The integrity and independence of the Free Territory is assured by the Security Council. This responsibility implies that the Council shall
- ensure the observance of the Permanent Statute and in particular protect the basic human rights of the inhabitants of the Free Territory.
- assure the public order and security in the Free Territory.
(2) The Free Territory shall be demilitarized. No armed forces, except upon direction of the Security Council, shall be allowed in the Free Territory.
(3) In conformity with the principle that the legislative and executive authority of the Free Territory shall be established on democratic lines, the Permanent Statute of the Free Territory shall provide for the creation of a popular Assembly and a Council of Government formed by and responsible to the Assembly.[Page 791]
(4) By reason of the responsibilities imposed upon the Security Council it is inevitable that certain limitations shall be imposed upon the powers of the popular Assembly and the Council of Government. These limitations result from the rights now conferred upon the Governor, subject to any modification which the Security Council may subsequently determine.
Position of the Governor.
(5) The Governor shall be appointed by the Security Council after consultation with Yugoslavia and Italy. He shall be the representative of the Security Council in the Free Territory, and shall in particular have the duty of supervising the observance of the Statute.
(6) In matters which in his view affect the responsibilities of the Security Council as defined in paragraph one above the Governor shall have the right to propose legislation to the popular Assembly and to prevent the entry into force of legislative measures subject to reference to the Security Council if the popular Assembly does not accept his views and recommendations.
(7) In the meetings of the Council of Government, the Governor shall express his views on all matters affecting his responsibilities.
(8) The primary responsibilities of the Governor would be
- the maintenance of public order and security.
- the conduct of foreign relations in the closest liaison with the elected authorities of the Territory.
- the appointment of the judiciary on the advice of the Council of Government and, subject to safeguards to be established by the Constitution, the removal of members of the judiciary for conduct incompatible with their judicial office.
(9) When as a result of exceptional circumstances, the independence and integrity of the Free Territory, public order and security, or the human and civic rights of the inhabitants are endangered, the Governor may take all necessary measures subject to his making an immediate report to the Security Council. Under the same reservation he may proclaim a state of siege.
- Domicile in the Free Territory on June 10th, 1940 as provided in Article 13 of the Peace Treaty with Italy shall be the qualification for original citizenship of the Free Territory.
- The conditions for the acquisition of citizenship by persons not qualified for original citizenship shall be determined by the Assembly of the Free Territory and embodied in the Constitution.
Free Port and Economic Questions
- A Free Port Regime is desirable irrespective of whether or not it is ultimately decided that the whole Territory shall be a Free Customs Zone.
- The establishment of special zones under the exclusive jurisdiction of any country is incompatible with the status of the Free Territory and of the Free Port.
- Freedom of transit shall be assured to goods and means of transport between the Free Port and the States which it serves, without any discrimination and without customs or fiscal charges, by the States whose territories are traversed.
- Economic union or associations of an exclusive character with any other country are incompatible with the status of the Free Territory.
- From the date of the entry into force of the Treaty of Peace until the entry into force of the Permanent Statute, the Provisional Government of the Free Territory will be organized by the Security Council which in particular will appoint a Governor and define his powers.
- The Security Council shall fix the date or dates for the withdrawal of foreign troops stationed in the Free Territory.