Foreign Relations of the United States, 1948, Western Europe, Volume III

865.014/9–148

Recommendations by the Deputies of the Foreign Ministers for the Former Italian Colonies of the Council of Foreign Ministers

secret

London, August 31, 1948.

I. In accordance with Article 23 of the Peace Treaty with Italy and Annex XI (the Joint Declaration of the Governments of the Soviet Union, the United Kingdom, the United States of America, and France in regard to the Italian territorial possessions in Africa) the Deputies of the Foreign Ministers, on instructions from the Council of Foreign Ministers, during the past year:

(a) have continued to consider the question of the disposal of the former Italian Colonies;

(b) have sent a Four Power Commission of Investigation to Eritrea, Italian Somaliland and Libya in order to collect the necessary data on these Colonies and to ascertain the views of the local population;

(c) have studied the three reports on the results of the investigation of Eritrea, Italian Somaliland and Libya submitted by the Four Power Commission to the Deputies and have distributed them to all the other interested Governments as well as to the Governments of Egypt and Italy;

(d) have studied the views of the other interested Governments as well as those of the Governments of Egypt and Italy on the disposal of the former Italian Colonies which were presented orally or in written form to the Deputies. Views were expressed by the following Governments in addition to Egypt and Italy: China, Australia, Belgium, Byelorussia, Brazil, Canada, Czechoslovakia, Ethiopia, Greece, India, the Netherlands, New Zealand, Poland, the Ukraine, the Union of South Africa, Yugoslavia, and Pakistan.

II. As a result of this work the Deputies decided to submit to the Council of Foreign Ministers of the U.S.S.R., the U.K., the U.S.A. and France the following recommendations:

A. Italian Somaliland
	That the former Italian Colony of Italian Somaliland to be placed under the trusteeship
U.S.S.R.	[of Italy]1
U.K. U.S.A. France	[system of the United Nations with Italy as the administering authority]*
	[The U.K., U.S. and French Deputies recommend that the duration of Italian trusteeship should be undefined.]
	[The Deputy of the U.S.S.R. recommends that the Italian trusteeship should be fixed for a definite and acceptable term.]
U.S.S.R.	[All the former Italian colonies in Africa, namely Libya, Eritrea and Italian Somaliland, to be placed under the trusteeship of Italy within those frontiers which existed on the 1st January, 1934, fixed in accordance with treaties and agreements in force at that time concluded between the interested Governments concerned.]
U.K. U.S.A. France	[Ethiopian-Italian Somaliland Frontier. Pending final settlement of the frontier between Ethiopia and Italian Somaliland the line to which the British Military Administration is withdrawing on the evacuation from the Ogaden should be the provisional boundary without prejudice to the final settlement.
	A map showing the approximate position of the provisional line to which the British Military Administration in the Ogaden will withdraw is attached.2
	The Ethiopian Government should be asked to state whether they would accept this provisional line as the permanent frontier between Ethiopia and Italian Somaliland in accordance with previous agreements between the Ethiopian and Italian Governments. If the Ethiopian Government reply that they do regard this provisional line as the permanent frontier, then all that will be necessary will be the appointment of a boundary commission to demarcate this frontier.
	If, on the other hand, the Ethiopian Government reply that they do not regard this line as a satisfactory permanent frontier, they should be urged by the Council of Foreign Ministers to agree upon the appointment of a boundary commission by the Secretary-General of the United Nations.
	It would be the duty of such a boundary commission to take into account the views of the Ethiopian and Italian Governments and to decide upon a boundary which, while based on the relevant previous treaties, in particular the Italo-Ethiopian Convention of 1908, satisfies the administrative requirements of both parties and the interests of the inhabitants on each side of the frontier. In interpreting the Italo-Ethiopian Convention of 1908, the frontier to the east of the Webi Shebelli should be assumed to be a straight line drawn from the point fixed by the Convention on the Webi Shebelli to the point 48° East, 8° North, unless official documents are produced which show that the agreement of 1897 provided for some other specific line. The boundary commission should take their decisions by a majority vote.
	The Ethiopian Government should be asked to give their consent to this proposal within three months of the 15th of September, 1948.
	British Somaliland–Italian Somaliland Frontier. The frontier between British Somaliland and Italian Somaliland from Hidid to the Gulf of Aden should follow the 49th meridian of longitude thus including within British Somaliland the locality of Bender Ziada.]
B. Eritrea
U.S.S.R.	[That the former Italian colony of Eritrea be placed under the trusteeship of Italy for a definite acceptable term.]
U.S.S.R.	The position of the Delegation of the U.S.S.R. on the question of the frontier of Eritrea is stated in section A.
U.K.	[1) Ethiopia should be appointed to be administering authority in Eritrea for a period of ten years.
	2) At the end of ten years the General Assembly of the United Nations would decide whether, and if so under what conditions, Ethiopian administration should continue indefinitely.
	3) An Advisory Council would be appointed to assist the Ethiopian Administration. This Council would consist of local Eritreans and the representatives of four Powers, for instance, Italy, Switzerland, a Scandinavian country and a Moslem State.
	4) The rights and position of the various groups, Italians, Moslems, Copts, etc., should be governed by a special statute which might include provision for separate law courts, for education, for religious rights, etc.
	5) This Advisory Council, in addition to its advisory functions, should also have the power to suspend any legislation on certain reserved subjects under (4) above introduced by the Ethiopian Administration. It would then be open to the latter to ask the Eritrean Commission referred to in (6) to confirm the legislation, and if the Commission agreed to confirm it the suspension would then lapse.
	6) The Advisory Council and the Ethiopian Administration would report from time to time to a special Eritrean Commission of the United Nations. This Commission would be quite distinct either from the Trusteeship Council or the Trusteeship Committee of the General Assembly. It should number some eight or nine representatives of States Members of the United Nations, chosen for reasons of disinterestedness, experience in administration of backward peoples, and not being States represented on the Advisory Council. The Commission would hold sessions every few months.]
France	[1) With the exception of the territories situated between the Gulf of Zula and French Somaliland, Eritrea should be placed under the trusteeship of Italy.
	2) The territories situated between the Gulf of Zula and French Somaliland should be assigned to Ethiopia in full sovereignty.
	3) Concerning the territories to be assigned to her Ethiopia would undertake to observe economic and financial stipulations drawn up in accordance with paragraph 19 of Annex XIV to the Treaty of Peace with Italy.3
	4) The frontier between the territories assigned to Ethiopia and those which would be placed under the trusteeship of Italy should follow the present eastern administrative limit of the district of Akkele Guzai from the Gulf of Zula to the present Ethiopian frontier. It should be demarcated by a commission composed of an equal number of Ethiopian and Italian representatives before the 15th of September, 1949.]
U.S.	[The United States recommends the cession to Ethiopia of the southern section of Eritrea (including the Danakil Coast, and the districts of Akkele Guzai and Serae, the new frontier to start at the Gulf of Zula, following the northern borders of Akkele Guzai and Serae Districts to the Ethiopian frontier). Ministers recommend to the General Assembly of the United Nations that the question of the disposition of the remainder of Eritrea, that is, the northern and predominantly Moslem portion including Asmara and Massawa, be postponed for one year in order that it may be given further study before attempting to come to a definitive solution.]
U.S. France	[The Governments of the United States and France, [in recommending that]† [if]‡ the disposal of northern Eritrea should be postponed for one year, strongly advocate that the Italians formerly resident in this area should be allowed to return to their homes during the period of postponement. The Governments of the United States and France recognize that postponement would work further hardship on these people who have thus far been unable to make plans for their future, and they therefore consider that it would be equitable and just to allow them to return, whatever the final disposition of this territory may be.]
U.K. U.S. France	[The frontier between the territories assigned to Ethiopia and French Somaliland should follow the course of the Wadi Weima.]
C. Libya
U.S.S.R.	[That the former Italian colony of Libya be placed under the trusteeship of Italy for a definite acceptable term.]
U.S.S.R.	The position of the Delegation of the U.S.S.R. on the question of the frontier of Libya is stated in Section A.
France	[Taking note of the fact that the four Delegations have been unable to reach a unanimous decision, the French Delegation proposes to the Foreign Ministers that they should recommend to the General Assembly of the United Nations the postponement for one year of consideration of the disposal of Libya.]
	[The United States and the United Kingdom recommend that Cyrenaica be placed under the trusteeship system of the United Nations with the United Kingdom as administering authority.
	They further propose that the Foreign Ministers recommend to the General Assembly of the United Nations that the question of the disposal of the remainder of Libya be postponed for one year in order that it may be given further study.]
U.S. France	[The Governments of the United States and France, in recommending that disposal of [Tripolitania]§ [Libya]|| be postponed for one year, strongly advocate that Italians formerly resident in Tripolitania should be allowed to return to their homes during the period of postponement. The Governments of the United States and France recognize that postponement would work further hardship on these people who have thus far been unable to make plans for their future, and they therefore consider that it would be equitable and just to allow them to return, whatever the final disposition of [Tripolitania]§ [Libya]|| may be.]
U.K.	[Whilst the United Kingdom Government would examine with sympathy the possibility of repatriating to Tripolitania those Italians who still have homes and families in that territory, they must record that so long as they have to fulfil their responsibilities as Occupying Power they must give first consideration to the maintenance of law and order and to the welfare and safety of the population including the existing Italian colonists. Any additional repatriation would therefore have to be very carefully considered from that point of view by the Occupying Power. These considerations apply to any territory in which the United Kingdom Government may be the Occupying Power.]
U.K.	[The United Kingdom also proposes that the present administrative boundary between Cyrenaica and Tripolitania should be moved westward so as to include within the former the Sirtica area and other predominantly Senussi areas. This line should be demarcated by a boundary commission to be constituted by the administrations concerned.]
	The attached Annexes A, B, C, D and E form part of the present document.

Deputy of the Secretary of State of the United States of America

L. W. Douglas

Deputy of the Minister for Foreign Affairs of the French Republic

R. Massigli

Deputy of the Minister for Foreign Affairs of the Union of Soviet Socialist Republics

G. Zarubin

Deputy of the Secretary of State for Foreign Affair of the United Kingdom

Noel Charles

London, 31 August, 1948.

Annex A

Recommendation by the Delegations of the United States, United Kingdom, and France on Italian Somaliland

Method of Transfer

The three Delegations suggest that, in order that there should be no doubt as to the method of transfer, the decision of the Ministers should be formulated as follows:

1. The four Powers, acting in accordance with the powers which have been conferred on them by Annex XI of the Treaty of Peace, invite Italy to undertake the provisional administration of her former colony of Italian Somaliland with a view to placing it under the trusteeship system of the United Nations with Italy as the administering authority. In accepting this invitation, Italy undertakes:

(1) to abide by the terms of the agreement which will establish, in accordance with the Charter of the United Nations, terms of trusteeship applicable to Italian Somaliland;

(2) to accept the frontier arrangements specified in the Recommendations and the arrangements mentioned in Annex B.

2. The administration of former Italian Somaliland will be transferred by the Government of the United Kingdom to the Italian Government at such date (not later than 15th January, 1949) as may be agreed between the Government of the United Kingdom and the Italian Government.

3. The above mentioned conditions shall be an integral part of the decision of the Council of Foreign Ministers, and if they are not acceptable to Italy this decision of the Council of Foreign Ministers shall become null and void, and the question of the disposal of Italian Somaliland shall, in accordance with Annex XI of the Treaty of Peace with Italy, then be submitted to the General Assembly of the United Nations for a recommendation.

Annex B

Recommendation by the Delegations of the United States, United Kingdom, and France on Italian Somaliland

Economic and Financial Provisions

1. Italy should agree to negotiate with the United Kingdom Government a settlement of outstanding economic and financial matters including the transfer of statal and para-statal property, matters relating to currency and the hand over of stores, buildings, etc. If agreement is not reached within three months from September 15th, 1948, an arbitrator should be appointed by the Secretary-General of the United Nations whose decision would be binding on both parties.

2. In addition, the decision of the Council of Foreign Ministers should contain provision for certain other outstanding economic and financial matters in accordance with paragraph 19 of Annex XIV of the Treaty of Peace with Italy along the following lines:

In accepting trusteeship over Italian Somaliland, Italy will undertake to apply in the territory, in so far as appropriate, the provisions of Articles 75, 76, 78, 80, 81, 83 and Annex XV of the Treaty of Peace. Pending the coming into force of a trusteeship agreement, Italy will undertake to apply in the territory the provisions of Article 82 of the Treaty of Peace.⁴

Annex C

Statement by the Delegation of the Soviet Union

Special Opinion of the U.S.S.R. Delegation

Since the Council of Foreign Ministers has instructed the Deputies only “to submit their recommendations on the question of defining the ultimate fate of the Italian territorial possessions in Africa”, the Soviet Delegation considers that the consideration of questions in paragraphs 4, 5 and 6 of the recommendations on Eritrea submitted by the U.K. Delegation and in paragraph 3 of the recommendations of the French Delegation do not come within the terms of reference of the Deputies and therefore should not be included in the Recommendations to the Council of Foreign Ministers.

This in equal measure relates to the text of Annexes A and B submitted jointly by the Delegations of the U.K., U.S. and France.

Annex D

Statement by the Delegations of the United Kingdom, United States, and France

The U.K., U.S. and French Deputies disagree with the opinion of the Soviet Delegation that certain of the recommendations made by these three Delegations do not come within the terms of reference of the Deputies. (Annex C)

It is the task of the Deputies to prepare the ground so far as possible for the decisions which the Foreign Ministers are required to take by the provisions of the Peace Treaty. In carrying out this task, the Deputies must clearly be guided by the same considerations as the Ministers themselves. The Ministers, according to the text of Annex XI of the Treaty, must bear in mind the requirements of peace and security. It is evident that an incomplete or vague settlement, or one which left undecided such questions as the method of transfer of administration, would not fulfil these requirements. Moreover, Annex XIV contains a definite requirement that the Ministers should decide the economic and financial questions connected with the final disposal of the former Italian Colonies.

Annex E

Statement by the Delegations of the United States, United Kingdom, France, and the Soviet Union

Requests by Other Interested Governments To Express Their Views to the Council of Foreign Ministers

In presenting their views on the disposal of the former Italian Colonies the Governments of Australia and of the Union of South Africa made a definite request for an opportunity to present views to the Council of Foreign Ministers.

In addition, the following other interested Governments have informed the Deputies that they reserve the right to present views direct to the Ministers:

Byelorussian S.S.R., New Zealand, Poland, Ukrainian S.S.R. and Yugoslavia.

The Deputies inform the Ministers of these facts so as to enable them to consider the question at the appropriate time.

1. Brackets throughout this document appear in the source text.
2. The U.K. agreement is conditional on a solution satisfactory to them being reached as regards Eritrea. [Footnote in the source text.]
2. Not printed.
3. This stipulated that final arrangements for the colonies were to be made by the CFM, or failing decision there, by the U.N. General Assembly.
4. U.S. [Footnote in the source text.]
5. France [Footnote in the source text.]
6. U.S. [Footnote in the source text.]
7. France [Footnote in the source text.]
8. U.S. [Footnote in the source text.]
9. France [Footnote in the source text.]
4. These articles relate to the restitution of allied property, renunciation of claims, payment of debts, and settlement of disputes arising from any claims etc.; Article 82 provided for the establishment of normal trading relations between Italy and the United Nations without discrimination against nationals of any state.