501.BC/10–2547: Telegram
The Acting Secretary of State to the United States Representative at the United Nations (Austin)
511. For Austin from Rusk. In concert with UK Delegate1 who will receive similar instruction, please deliver the following communication to the Chairman of the Security Council:
“On September 15, 1947, upon the coming into force of the Treaty of Peace with Italy and the coming into being of the Free Territory of Trieste, the Commander, British-United States Forces in the Free Territory, in accordance with Article 1 of Annex VII of the Treaty, assumed full responsibility for the administration of the British-United States Zone of the Free Territory pending the assumption of office by the Governor. On that occasion the Commander, British-United States Zone of the Free Territory of Trieste issued the following Proclamation:
‘Proclamation Number 1. To the people of the Free Territory of Trieste, British-United States Zone. Whereas by Article 21 of the Treaty of Peace between the Allied and Associated Powers and Italy which has now come into force, a Free Territory of Trieste has been constituted, and whereas, under Article 2 of Annex VI of the treaty the integrity and independence of the Free Territory shall be assured by the Security Council of the United Nations, and whereas, under Article 1 of Annex VII of the treaty it has been provided that pending the assumption of office by the governor of the Free Territory, the said territory shall continue to be administered by the Allied Military Commands within their respective zones, I, therefore, T. S. Airey, Major General, Commander British and United States Forces, in order to implement the provisions of the Treaty of Peace and to ensure the welfare and safety of the population by preserving law and order have issued the following proclamation which is being communicated to the Security Council of the United Nations by the United States and United Kingdom Governments.
“Continuance of military government.
- 1.
- Pending the assumption of office by the duly appointed governor of the Free Territory of Trieste all powers of government and administration in that zone of the Free Territory in which British and United States Forces are stationed as well as jurisdiction over its inhabitants shall continue to be vested in me in my capacity of commander of the said British and United States Forces.
- 2.
- An Allied Military Government of the British-United States Zone of the Free Territory to administer these powers under my direction is hereby continued.
- 3.
- I hereby direct that all administrative and judicial officials and all other government and municipal functionaries and employees and all officers and employees of public, municipal or other services, shall continue in the performance of their duties, subject to such directions as may from time to time be issued by me or by officers designated by me for that purpose.
- 4.
- All existing laws, decrees and orders in force in the British-United States Zone on the date of this proclamation shall remain in force and effect except as abolished or modified by Proclamation Number 2 which is promulgated herewith and except in so far as I may, from time to time, change or supersede them. The words ‘Allied Forces’ which appear in such laws, decrees and orders shall be interpreted as referring to the British and United States Forces stationed in the zone.”
Signed T. S. Airey, Major General, Commander, British and United States Forces, Allied Military Government, British-United States Zone, Free Territory of Trieste.’
“It is the view of the Government of the United States that, pending the assumption of office by the Governor, the commanders of the British-United States Zone and of the Yugoslav Zone of the Free Territory are, by the terms of the Treaty obliged to administer the Free Territory within their respective zones in strict accord with the purposes and principles of the provisions of the Treaty establishing the Free Territory of Trieste. The Commander, British-United States Zone has, pursuant to Article 2 of Annex VII, been instructed to govern that Zone in accordance with all of the provisions of the Permanent Statute as and when those provisions prove to be applicable and in so far as they are not superseded by the provisions of the Instrument for the Provisional Regime. Further, the actions of the Commander, British-United States Zone will be guided mainly by the needs of the population and its well being.
“While it is recognized that the provisions of the Treaty require that pending the assumption of office by the Governor there shall be separate administrations within the two zones of the Free Territory, it is the view of this Government that the Governments of the United States and the United Kingdom, in their zone, and of Yugoslavia, in its zone, are clearly charged with ensuring that the areas under their respective administration are so administered as to ensure that there shall be no impairment of the future integrity and independence of a united and prosperous Free Territory of Trieste.
“In fulfillment of its obligations in this respect, the Government of the United States will from time to time report to the Security Council concerning its responsibilities in connection with the administration of the Free Territory of Trieste and, within the limitations of its responsibilities, will supervise the observance of the applicable provisions of the Statute including the protection of the basic human rights of the inhabitants and will ensure that public order and security are maintained in the Free Territory in accordance with the purposes and principles of the applicable provisions of the Treaty of Peace with Italy.”
(Sent New York 511 rptd Rome as 2186, Trieste as 85 and Belgrade as 707)
- Sir Alexander G.M. Cadogan.↩