Conference Files: Lot 59 D 95: CF 20

Tripartite Recommendation of Subcommittee B 1

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MIN/TRI/P/13

Draft Declaration for the Three Foreign Ministers on Germany

1.
Following the London Agreements of June 19482 and the Washington Agreements of April 1949,3 the U.S.A., France and the United Kingdom replaced the military authority and the direct administration of the occupied territories in force since 1945 by a civilian regime simply of supervision. By virtue of this regime Germany was able to produce a Constitution, proceed to free elections, call a Parliament, form a Government and elect a Federal President. The Federal Government and the Governments of the Laender were able to take over the administration and control of internal German affairs.
Furthermore by the agreement of the 13th April 19494 the Allies decided to ease the burden of reparations on Germany. Some months [Page 1087] later under the Petersberg Protocol5 an agreement was reached for the final settlement of the reparations question.
In the domain of foreign relations the Petersberg Protocol made provision for the appointment of Grerman Consular and commercial representatives abroad. During the last few months steps have been taken by the Western Powers to secure the accession of the Federal Republic to a number of international organizations including the Organization for European Economic Cooperation. Finally, she has been invited to join the Council of Europe.
2.
The Allies are resolved to pursue their aim laid down in the Washington Agreement of April 1949 and reaffirmed at the Petersberg that Germany shall re-enter progressively the community of free peoples of Europe. To this end they have decided to draw up a plan intended to liberate the Federal Republic by stages from the controls to which she is still subject, in order to give her the greatest possible measure of sovereignty compatible with the basis of the occupation regime. They emphasize that this regime is imposed on the Germans and on the Allies by the consequences of the division of Germany and of the international situation, and is moreover in accordance with the common interests of Germany and of Europe.
The Washington Agreements have already enabled the German Government to assume extensive powers and must pave the way for further progress of the same kind. While retaining the framework of those Agreements the Allies intend to give Germany the possibility of developing freely, while at the same time safe-guarding the possibility of peaceful reunification of Germany, which remains the ultimate object of their policy. The three governments reaffirm the offers which were formulated during the meeting of the Council of Foreign Ministers last June, and express the hope that the necessary conditions for the establishment of a government for all Germany may be achieved which would guarantee to all Germans respect for their laws and fundamental liberties and they have agreed upon the conditions which are necessary, in their opinion, for this purpose and which are contained in the accompanying annex.
3.
The policy of the Western Powers towards Germany can only be carried out in a spirit of confident and friendly collaboration. Unless this is forthcoming the operation of the plan which the Foreign Ministers have in mind will be inevitably retarded. They trust, therefore, that the Federal Republic will fulfil the hopes placed in the wisdom of her people and her leaders and so enable the three Governments [Page 1088] to put into force without too much delay the intentions outlined above.
[Annex]

Draft Statement on German Unity

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In reaffirming the determination of their Governments to work together, in co-operation with the German Federal Government and all like-minded Powers, for the unification of Germany, the three Foreign Ministers agreed that German unity should be achieved on the basis of the following principles:—

(a)
A freely-elected all-German government.
(b)
Individual freedom of movement, freedom from arbitrary arrest and detention, freedom of association and assembly, freedom of speech, press and radio throughout Germany.
(c)
Freedom of action throughout Germany for all democratic political parties.
(d)
Independence of the judiciary.
(e)
Prohibition throughout Germany of political secret police and police formations constituting a military force.
(f)
Assurance of German economic unity through action by a German government on matters such as a unified currency and customs, and through quadripartite agreement on matters such as cessation of reparations from current production, and prohibited and limited industries.
(g)
Surrender and disposal, in accordance with appropriate German legislation, of any industrial enterprise in Germany whose ownership or control was acquired after 8th May, 1945 by or on behalf of any foreign Power, unless such acquisition has quadripartite approval and the interest so approved is subjected to German Law.
(h)
Establishment of quadripartite supervision through a four-Power Commission, exercising its reserve powers in such a way as to permit the German Government to function effectively.

The Foreign Ministers further agreed that the first step towards the restoration of German unity should be the holding throughout Germany of free elections to a Constituent Assembly. They accordingly welcome and endorse the resolution of the German Federal Republic of 22nd March, 1950 inviting free all-German elections for a national assembly empowered to frame an all-German constitution.6 These elections should be held under international supervision and on the basis [Page 1089] of an electoral law to be agreed between the four Occupying Powers which would take into account the principles set forth above. The Constituent Assembly when elected should have the sole task of drafting a constitution for submission to the German people for ratification.

Finally, the Ministers agreed that with the formation of an all-German government on the basis of the foregoing principles, the Four Powers should immediately address themselves to a peace settlement.7

  1. Attached to the source text was a cover sheet, not printed, which indicated that this paper was a draft tripartite recommendation to the Foreign Ministers but had not been examined at the tripartite plenaries.
  2. For documentation on the London Agreements of June 1948, see Foreign Relations, 1948, vol. ii, pp. 1 ff.
  3. For documentation on the Washington Agreements of April 1949, see ibid., 1949, vol. iii, pp. 1 ff.
  4. Regarding this agreement, see the press statement on the revised reparation program for Germany in Germany 1947–1949: The Story in Documents (Washington, U.S. Government Printing Office, 1950), pp. 425–426.
  5. For the text of the Petersberg Protocol of November 22, 1949, see Foreign Relations, 1949, vol. iii, p. 343.
  6. Further documentation on this resolution is scheduled for publication in volume iv.
  7. MIN/TRI/P/13 was discussed by the Foreign Ministers at their third meeting on May 12, and it was agreed that it would be combined with MIN/TRI/P/7 (see Secto 169, May 6, and footnote 2, p. 932) by a committee of experts. (MIN/TRI/DEC/3, May 12. Conference Files: Lot 59 D 95: CF 21). For a report on the third meeting, see Secto 243, May 12, p. 1044. For the revised text of this paper, as approved by the Foreign Ministers, see MIN/TRI/P/13 Final, infra.