Foreign Relations of the United States, 1947, Council of Foreign Ministers; Germany and Austria, Volume II

CFM Files: Lot M–88: Box 58

Report by the Coordinating Committee to the Council of Foreign Ministers ⁵¹

secret
CFM(47) (M) 64

March 26, 1947.

Preparation of the Proposals in Regard to the Report of the Allied Control Council⁵²

i. demilitarization

A. Elimination of war potential

1. In the sphere of the elimination of industrial war potential, all four Delegations are agreed that Category I war plants mentioned in Control Council Directive No. 39⁵³ and special armament machinery in other plants will be eliminated as soon as possible. No agreement could be reached on the simultaneous elimination of the plants of Categories II and III. The French and Soviet Delegations require the fixing of a date for the elimination of these plants. The U.S. and U.K. Delegations consider that the elimination of these plants is dependent upon decisions on economic unity and the level of industry of Germany.

2. Moreover, no agreement could be reached on the establishment of the time limit for the drafting of a plan for the liquidation of industrial war potential, nor on a time limit for the actual completion of the liquidation of the industrial war potential in Germany as required by the Soviet and French Delegations.

B. Disbandment of German units

1. Agreement was reached in principle on the disbandment of existing German units. Agreement could not be reached on the date by which this disbandment shall be completed nor on the tasks for which Germans may legitimately be employed. The Soviet Delegation also insists on the disbandment of those units which are used for mine sweeping and/or guard duties.

C. Commission of inquiry into the elimination of war potential

1. All delegations have accepted in principle the establishment of a quadripartite commission to inquire into the progress made in the elimination of the German war potential. The Soviet Delegate made his acceptance of this proposal conditional upon the Commission being authorized to inquire also into the progress made in the disbandment of German and non-German military formations and upon the drafting of a plant and the fixing of time limits for the elimination of industrial war potential in Germany.

2. The U.S. Delegation knows of no military formations of Germans or non-Germans.

3. The U.S., British and French Delegations note that the terms of reference and the sphere of competence of the Commission have not yet been defined.

D. Destruction of military equipment and disbandment of units consisting of non-German nationals

1. The Delegations could reach no agreement on the questions of time limits for the destruction of military equipment and demolition of military installations in Germany and also regarding the disbandment of units consisting of non-German nationals.

ii. denazification

A. All delegations are in agreement on the following:

1. that measures concerning the acceleration of denazification in all Zones of Germany based on Control Council Directives 24⁵⁴ and 38⁵⁵ should be taken.

2. that the Soviet proposal on denazification should be considered as being agreed in principle leaving open the question of drafting these proposals.

B. Agreement was not reached by the delegations on the question of promulgation by German authorities in the various Laender of denazification laws based on Control Council Directive 38, which laws would establish uniform measures for the execution of denazification in all Zones of Occupation.

iii. democratization

A. Political Parties

1. All delegations agree to the principle of free development and activity of democratic political parties on a democratic basis.

2. Soviet, UK and US delegations agree on desirability of having political parties on an all-German basis.

3. The positions of the US and UK delegations in this respect are contingent on agreement to establish a provisional government.

4. The French delegation considers that the moment has not yet come to consider the possibility of development of political parties on a nationwide basis, and it is preferable for the time being to assure freedom of activity for these parties within the limits of States.

Soviet memo	CFM/47/M/956
French memo	CFM/47/M/5757
UK memo	CFM/47/M/3958
US memo	CFM/47/M/5359

B. Trade Unions

There is general agreement on the principles governing the establishment of free trade unions except that the US delegation expresses the opinion that the financial and organizational autonomy of member unions in an all-German federation should be protected. The Soviet delegation considers it an internal matter for the trade unions themselves. The French delegation expresses the opinion that it is too early to establish trade unions on a national basis, but that the Allied Control Council should encourage trade unions on a Laender basis.

Soviet	CFM/47/M/9
French	CFM/47/M/57
UK	CFM/47/M/39
US	CFM/47/M/53, para 2b

C. Elections

The Soviet and US delegations have presented principles governing elections. The US delegation proposed that elections throughout Germany shall be under the supervision and inspection of the Allied Control Council. The Soviet and French delegations agree in principle. However, the Soviet Delegation finds it expedient that the forms of supervision should not be determined at present because they should be defined by the Allied Control Council. The Soviet delegation considers it appropriate to establish for all Germany uniform principles of democratic legislation concerning elections on the basis of universal, direct, and equal suffrage, by secret ballot and on the system of proportional representation. The British delegation has made no formal proposals on elections, and states no point of view at this time on the proposals which have been submitted.

Soviet	CFM/47/M/9
French	No specific reference
UK	No reference
US	CFM/47/M/49,60 53 para 2a

D. Land Reform

All delegations agreed that during 1947 it is necessary to implement land reform in all zones of occupation.

Report of ACC, Section IV, part 4

E. Circulation of Information and Ideas

All delegations agreed in principle with the US proposal for the freedom of circulation of information and ideas in Germany. The US point of view is contained in paragraph 2c of the US memorandum CFM/47/M/53.

F. Freedom of Movement

1. The US and UK delegations have presented proposals for freedom of movement throughout Germany. On these proposals, no agreement has been reached.

2. The UK delegation points out that failure to get agreement on this would make it impossible for the UK delegation to agree on other matters to which it would otherwise be ready to agree.

US memo	CFM/47/M/53
UK memo	CFM/47/M/39

G. Fundamental Human Rights

1. This question is dealt with in the following memoranda:

US memoranda CFM/47/M/53 paragraph 1; 49, paragraph 5, a, (5);

Soviet memorandum CFM/47/M/46, Section II, paragraph 6;

French memoranda CFM/47/M/41,⁶¹ paragraph 2A; 57, Section III paragraph 1;

UK memorandum CFM/47/M/39 paragraph 3.

2. The views of the various delegations as set out in these memoranda are as follows:

US: (from CFM/47/M/53) “Every state and federal constitution in Germany shall contain specific and effective guarantees of the rights of the individual including freedom of religion, freedom from search, seizure and arbitrary arrest, freedom of speech and assembly and other basic human rights”, and (from CFM/47/M/49), “Inform the provisional government that Allied approval of the constitution will depend upon the fulfillment of the following conditions:

. . . . . . .

(5) The basic rights of the individual including free speech, freedom of religion, freedom of assembly and association and other equally basic rights of man are recognized and guaranteed.”

Soviet: (from CFM/47/M/46)⁶² “The all German constitution and the Land constitutions shall guarantee to all citizens of Germany, regardless of race, sex, language and creed, the democratic freedoms, including freedom of speech and press, religious worship, assembly and association.”

French: (from CFM/47/M/41): “The following basic principles, which all constitutions and legislative provisions enacted by the German public powers should respect and which are based on universally recognized democratic principles, must be included in the peace terms.

A—Basic Rights and Duties:

1) Equality of all before the law and the courts, equality of political rights, equal rights to education, equal access to all employments, the right to work and to suitable wages therefor;

2) Freedom of the individual, of his action, movements, beliefs and opinions, (and) of his right to express them. This freedom must be effectively guaranteed against arbitrary action.

3) Freedom of assembly and association, with regard for the legal regulations of a democracy, particularly in the matter of trade unions.

4) Respect for the dignity of the human being (and for) his life, development and property.

5) Respect for minority rights of all kinds, with such rights being safeguarded within the framework of the law.

6) The rights of men, as set forth above, are inalienable even by renunciation or consent. The duty of one person to another, to the family, to communities, and to humanity involves responsibilities from which no one shall be exempt.”; and from CFM/47/M/57, “The Deputies are invited to define the fundamental democratic principles which must be applied in the constitutions of the different states.”

UK: (from CFM/47/M/39) “The following rights must under this system be freely and immediately exercised by all Germans throughout Germany, subject only to such restrictions as may be decided by agreement within the Control Council; freedom of speech, freedom of press and radio; freedom of assembly; freedom of movement and communication; freedom of religious affairs; freedom of association for lawful purposes, freedom of the judiciary; freedom from arbitrary arrest and imprisonment.”

3. The committee noted that there was general agreement among the delegations in principle on this matter.

H. Reeducation

1. The French Delegation has proposed (para 3 of Section III, CFM/47/M/57) that the Allied Control Council should establish common principles applicable to reeducation in Germany, the training of German teachers, and the participation of educators of the United Nations.

2. The Soviet Delegation proposed that instead of paragraph 3 of Section III of the French memorandum, paragraph 7 of the decisions of the Potsdam conference be substituted, and that the Allied Control Council be instructed to implement this paragraph 7.

3. The US and UK delegations have not yet taken a position on this matter.

iv. territorial reorganization

1. The Soviet delegation has proposed (CFM/47/M/18)⁶³ that the Council of Foreign Ministers should instruct the Allied Control Council that henceforth territorial changes should only be made with consent of ACC. The US delegation had no objection to this proposal contingent on agreement being reached on provisional government. The French and UK delegations have reserved their positions.

2. The French delegation proposed (Section VII, CFM/47/M/57) that the deputies should be charged with drawing up the list and setting the territorial limits of the States. On this proposal at the present moment issue has not been joined by the other delegations.

(Note: Succeeding parts of the Report will be circulated separately when completed⁶⁴).

51. This Report was discussed by the Council of Foreign Ministers at its 16th Meeting, March 28 (see telegram 1074, Delsec 1363, March 28, from Moscow, p. 295). Regarding the establishment of the Coordinating Committee, see the report on the Council’s 12th Meeting, March 22, telegram 963, Delsec 1336, March 22, from Moscow, 276.
52. Regarding the Report of the Allied Control Council for Germany, see footnote 95, p. 239.
53. Official Gazette of the Allied Control Council for Germany, No. 11, October 31, 1946.
54. Entitled “Removal from Office and from Positions of Responsibility of Nazis and of Persons Hostile to Allied Purposes”, dated January 12, 1946, Official Gazette of the Allied Control Council for Germany, No. 6, April 30, 1946.
55. Entitled “The Arrest and Punishment of War Criminals, Nazis, and Militarists and the Internment, Control, and Surveillance of Potentially Dangerous Germans,” dated October 12, 1946, ibid., No. 11, October 31, 1946, or Ruhm von Oppen, Documents on Germany, p. 168.
56. A statement made by Foreign Minister Molotov at the 4th Meeting of the Council of Foreign Ministers, March 13; for the text, see Molotov, Problems of Foreign Policy, pp. 348–358.
57. Dated March 24, 1947, and entitled “Resolutions Proposed by the French Delegation in Connection with the Discussion of the Report of the Control Council”, not printed.
58. Statement tabled by Foreign Minister Bevin at the 11th Meeting of the Council, March 21, and entitled “Suggested Principles for Development of Future Political Structure of Germany”, not printed.
59. Statement by the United States Delegation on German Democratization, dated March 23, 1947, not printed.
60. Statement by the United States Delegation on the form and scope of a provisional political organization for Germany, dated March 22, 1947; for the text, see Germany 1947–1949, pp. 189–190 or Department of State Bulletin, March 30, 1947, pp. 569–570.
61. Memorandum by the French Government, dated January 17, 1947, and subsequently circulated to the Council of Foreign Ministers as document CFM(47) (M)41, March 21, 1947; for text, see Documents Français Relatifs à L’Allemagne (Août 1945–Février 1947) (Paris, Imprimerie Nationale, 1947), pp. 46–56.
62. Statement made by Foreign Minister Molotov at the 12th Meeting of the Council, March 22; for text, see Molotov, Problems of Foreign Policy, pp. 391–399; for a summary, see telegram 963, Delsec 1336, March 22, from Moscow, p. 276.
63. Statement made by Deputy Foreign Minister Vyshinsky at the 6th Meeting of the Council, March 15, not printed.
64. See CFM(47) (M)74, March 28, 1947, p. 409.