CFM Files: Lot M–88: Box 58
Report by the Special Committee to the Council of Foreign Ministers 7
CFM(47) (M) 122
The Special Committee submits to the Council of Foreign Ministers the following draft directives for the Control Council.
[Page 447]demilitarization
The Control Council:
(1) shall accelerate the work of destruction of German military material and the demolition of all the military establishment and installations intended for carrying on war on land, on the sea and in the air, in accordance with the programme already in progress by the Allied Control Council under directives 22 and 28 as amended, which looks forward to the completion of this work by 31st December, 1948, if possible.
(Agreed by four Delegations)
(2) shall complete the plan for the liquidation of the plants constructed especially for the production of war materials (Category I) prior to July 1st, 1947.
(Agreed by four Delegations)
(3) The U.S., French and Soviet Delegations agree on the following text:
[shall effectively complete the liquidation of factories in Category I before December 31st, 1947, with the exception of a limited number of war plants which, according to decisions of the Control Council, are intended for the conversion of ammunition into artificial fertilisers and which shall be liquidated before June 30th, 1948]
The British Delegation proposes:
[shall effectively liquidate Category I war plants at the earliest practicable date which shall be set by the Control Council. In this connexion, the Control Council shall provide for the temporary retention of the limited number of war plants which are being used for the conversion of ammunition into artificial fertilisers.]
(4) The U.S. and U.K. Delegations propose:
[shall effectively complete the liquidation of the other factories or workshops constituting a marked war potential (Categories II, III and IV, with the exception of plants maintained temporarily for the needs of the German economy under conditions determined or to be determined by the Control Council) at the earliest practicable date after adoption of the revised plan for reparations and the post-war level of German economy. The date shall be agreed by the Control Council.]
The Soviet Delegation proposes:
[shall elaborate by July 1st, 1947, a plan for the liquidation of war industrial potential for Germany having fixed a date for the actual completion of the work for the liquidation of industrial war potential (Categories II, III and IV) at a date not later than the end of 1948 paying special attention to the liquidation of monopolies, concerns, cartels, trusts, syndicates, monopolies, which unite enterprise linked with German war potential or exercise financial control over such enterprises.]
The French Delegation proposes:
- [(a) shall complete within a period of 3 months after the definite establishment of the Reparations and the Level of Industry Plan for Post-War German Economy and at the latest by October 31st, 1947, the formulation of a liquidation plan applicable to other plants or factories constituting a marked war potential (Categories II, III and IV). This plan shall provide for exceptions in the case of plants temporarily maintained for the needs of German economy or the disposition of which could depend on final decisions regarding level of industry; it shall be established independently of the detailed Plan for Reparation.]
- [(b) shall liquidate effectively the plants or factories in Categories II, III and IV, nine months after the approval of the liquidation plan provided for in paragraph (a) above.]
(5) shall verify with the aid of quadripartite commissions the operations for the liquidation of war potential provided for in the preceding paragraphs.
(Agreed by four Delegations)
The Soviet Delegation understands that Mr. Molotov, the Minister for Foreign Affairs of the U.S.S.R., proposed to refer to the Special Committee for its consideration the following proposals of the Soviet Delegation:
[(6) to disband and fully eliminate by June 1st, 1947, all remaining German military formations, including auxiliary units.
(7) to disband and fully eliminate all remaining and newly formed units, staffs, guard services and other organisations, as well as training and assembly camps made up of non-German nationals which, under the decision of the Control Council, are to be dissolved and repatriated.]
The U.K. and U.S. Delegations were of the opinion that the above questions (paragraphs 6 and 7) were not referred to the Special Committee. The French Delegation considered that owing to some uncertainty in this respect, the Ministers should be requested to give instructions to the Committee.
democratization
The Control Council:
Elections
1. shall ensure quadripartite supervision and inspection of elections throughout Germany as a whole:
The U.K., U.S. and French Delegations have accepted the above text.
The Soviet Delegation proposes:
1. shall ensure throughout Germany a quadripartite supervision and inspection of elections to the all-German Parliament;
[Page 449]The forms of supervision and inspection shall be determined in due time by the Control Council.
Land Reform
2. shall ensure the carrying out and completion of land reform in all zones of occupation in Germany in 1947.
All Delegations have accepted the above text.
Circulation of Information
The French, U.S. and U.K. Delegations propose:
3. shall establish in all of Germany a free exchange of information and democratic ideas by all media, this exchange to be limited only by the requirements of military security, the needs of the occupation, and the necessity of preventing the resurgence of National Socialism and militarism. This exchange should not be subject to any pressure of any sort, particularly administrative or economic, on the part of the central government, or of the Laender governments, or any other German authority.
The Soviet Delegation proposes:
3. shall establish in Germany freedom for dissemination of information and democratic ideas, subject only to the requirements of military security as well as to the carrying out by Germany of her obligations to the Allies and the necessity of preventing the revival of Nazism and militarism. The dissemination of information and democratic ideas shall be free from administrative and economic pressure, both on the part of the Central Government and on the part of the Governments of the Laender.
Basic Human Rights
The U.S. and U.K. Delegations propose:
4. shall ensure that any future constitution for Germany as a whole and, through the Zone Commanders, that every state (Land) constitution in Germany contains specific and effective guarantees of the rights of the individual regardless of race, sex, language or creed, including freedom of religion, freedom from search, seizure and arbitrary arrest, freedom of speech, assembly and association, freedom of movement and communication, the equality of all before the law and the courts, equal rights for education and of access to all employments, and also effective guarantees for freedom of the press and radio, and for independence of the judiciary.
The Soviet and French Delegations propose:
4(a) shall ensure that any future constitution for Germany as a whole and, through the Zone Commanders, that every state (Land) constitution in Germany contains specific and effective guarantees of the rights of the individual regardless of race, sex, language or creed, including freedom of religion, freedom from search, seizure and arbitrary arrest, freedom of speech, assembly and association, freedom of movement and communication, the equality of all before the law [Page 450] and the courts, equal rights for education and of access to all employments, and also effective guarantees for freedom of the press and radio, and for independence of the judiciary.
4(b) These fundamental democratic rights of the individual shall not be used to the detriment of the requirements of military security or against the carrying out by Germany of her obligations to the Allied Powers and for attempts to revive Nazism and militarism in any form.
The U.S. and U.K. Delegations accept the content of 4(b). They consider, however, that no fresh instructions on this question are required by the Control Council. The Control Council’s responsibilities are already clearly defined. The U.K. and U.S. Delegations do not consider that a restatement of these responsibilities is necessary in this connection.
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The Report was prepared by the Special Committee in pursuance of the decision reached by the Council of Foreign Ministers at its 20th Meeting, April 3 (see telegram 1188, Delsec 1390, April 3, from Moscow, p. 307). For the earlier report by the Special Committee on some of the same topics considered here, see document CFM(47) (M)93, April 2, 1947, p. 427. The Council of Foreign Ministers discussed this Report at its 27th Meeting, April 12 (see telegram 1333, Delsec 1418, April 12, from Moscow, p. 330). According to the Record of Decisions of that meeting, the Council made the following disposition with regard to this Report:
↩“Demilitarisation, paragraphs 1, 2 and 5, agreed
“Democratisation, paragraph 2, agreed
“Demilitarisation, paragraph 3
“It was agreed to amend paragraph 3 as follows:
‘shall effectively complete the liquidation of factories in Category I before June 30, 1948’. The U.K. Delegation made the reservation that it would accept the above date but reserved the right to report to the Control Council if difficulties arose in the completion of the task by the date established and to request an extension should this prove necessary.
“Demilitarisation, paragraphs 6 and 7
“Democratisation, paragraphs 3 and 4
“It was agreed to refer these paragraphs back for further consideration by the Special Committee.
“Demilitarisation, paragraph 4
“Democratisation, paragraph 1
“It was agreed to refer these paragraphs to the Allied Control Council for Germany for consideration and report to the next session.”
The Special Committee held meetings on April 14 and 15 at which time it revised this paper to include the recent decisions by the Council and such minor additional changes as the Committee was able to agree upon. The revised Report of the Committee, circulated to the Council as document CFM(47) (M)132, April 15, 1947, is not printed. Its agreed portions were subsequently included in the Report of the Deputies for Germany to the Council, CFM(47) (M)148, April 23, 1947, p. 461.