357.AH/8–2450: Telegram
The United States Representative at the United
Nations (Austin) to the Secretary of State
confidential
priority
New York, August 24, 1950—11:25 p. m.
364. As a result of conversations yesterday and today between
Ambassador Muniz,1
Ambassador Padilla Nervo, Stafford and Noyes2 on the one hand, and the Italian and
Ethiopian delegations on the other, regarding Eritrea, it seems
hopeful that the Italians and Ethiopians may be able to accept
or acquiesce in the latest draft working paper annexed hereto.
Both delegations are forwarding this paper to their Foreign
Offices with careful explanations. Both delegations seem
prepared, in the interests of a solution, not to pursue further
the points which they had previously insisted upon. Both
delegations have been urged strongly to attempt to obtain
instructions authorizing them to acquiesce in this draft, and
the group is hopeful that this may occur.
Both delegations have been advised that in view of the short time
left for the interim committee, this text will be submitted
immediately, informally, to a number of delegations who have
indicated an interest in acting as co-sponsors. Ambassador Muniz
has called a meeting Friday at 11:30 and is attempting to get
the Canadian, Netherlands, Turkish, Lebanese and South African
delegations to attend the meeting. It is hoped that if all goes
well, a resolution along the lines of the attached draft may be
introduced in the IC by the
middle of next week.
Question will arise Friday as to the US attitude towards this
document. We propose to state that it is the result of
exhaustive negotiation; that we believe it is the best possible
compromise; and that we have been and are prepared to continue
pressing both the
[Page 1668]
Italian and Ethiopian delegations and to urge upon all other
delegations that they should accept or support a resolution
along these lines. We shall reserve our right to recommend
modifications to the other members of the group in the light of
the instructions received by the Italian and Ethiopian
delegations. We shall state that if both parties accept the
resolution, we shall give it our full support in the IC and the GA and that in any case, if the co-sponsors
introduce this resolution, we shall not ourselves propose
amendments to it.
We should like to be in a position, if necessary, to go beyond
this fairly limited commitment which we do not believe will be
wholly satisfactory. We recommend that Department authorize us
to cosponsor this resolution if the Ethiopian Government agrees
to it or the Ethiopian delegation has no objections and if it
appears desirable for tactical reasons. In view of our large
responsibility for the draft, we feel that whether or not we
sponsor the resolution, we should be prepared to advise the
co-sponsors that once the resolution is introduced we would give
it our full support and would act as if we were co-sponsors,
i.e., we would not support any amendments unless such amendments
were agreed by all of the co-sponsors.3
Annex
Eritrea working paper.
The interim committee, having considered the report of the
United Nations Commission for Eritrea, recommends to the
General Assembly that it approve the following
resolution:
Whereas by paragraph 3 of Annex XI to
the Treaty of Peace with Italy, 1947, the powers concerned
have agreed to accept the recommendation of the General
Assembly on the disposal of the former Italian colonies in
Africa and to take appropriate measures for giving effect to
it; and
Whereas by paragraph 2 of the
aforesaid Annex XI such disposal is to be made in the light
of the wishes and welfare of the inhabitants and the
interests of peace and security, taking into consideration
the views of interested governments:
Now therefore:
The General Assembly, in the light of
the report of the United Nations Commission for Eritrea and
the recommendations of the interim committee, and
[Page 1669]
Taking into consideration
- (a)
- The wishes and welfare of the inhabitants of Eritrea,
including the views of the various racial, religious and
political groups of the provinces of the territory and
the capacity of the people for self-government;
- (b)
- The interests of peace and security in East
Africa;
- (c)
- The rights and claims of Ethiopia based on
geographical, historical, ethnic or economic reasons,
including in particular Ethiopia’s legitimate need for
adequate access to the sea;
Taking into account the importance of
assuring the continuing collaboration of the foreign
communities in the economic development of Eritrea;
Recognizing that the disposal of
Eritrea should be based on its close political and economic
association with Ethiopia; and
Desiring that this association assure
to the inhabitants of Eritrea the fullest respect and
safeguards for their institutions, traditions, religions and
languages, as well as the widest possible measures of
self-government, while at the same time assuring to the
empire of Ethiopia the maintenance of its international
status and identity;
A. Recommends that:
- 1.
- Eritrea shall constitute an autonomous unit
federated with Ethiopia under the sovereignty of the
Ethiopian crown.
- 2.
- The Eritrean Government shall possess legislative,
executive and judicial powers in the field of
domestic affairs.
- 3.
- The jurisdiction of the Federal Government shall
extend to the following matters: defense, foreign
affairs, currency and finance, foreign and
interstate commerce and external and inter-state
communications including ports. The Federal
Government shall have the power to maintain the
integrity and internal security and good order of
the Federation, and shall have the right to levy
uniform taxes throughout the Federation to meet the
expenses of Federal functions and services, provided
that Eritrea shall bear only its just and equitable
share of these expenses. The jurisdiction of the
Eritrean Government shall extend to all matters not
vested in the Federal Government, including the
power to maintain internal police, to levy taxes to
meet the expense for domestic functions and
services, and to adopt its own budget.
- 4.
- The area of the Federation shall constitute a
single area for customs purposes, and there shall be
no barriers to the free movement of goods and
persons within the area. Customs duties on goods
entering or leaving the Federation which have their
final destination or origin in Eritrea shall be
assigned to Eritrea.
- 5.
- An Imperial Federal Council, composed of equal
numbers of Ethiopian and Eritrean representatives
shall meet at least once a year and shall advise
upon the common affairs of the Federation referred
to in Article 3.
- 6.
- A single nationality shall prevail throughout the
Federation. All inhabitants of Eritrea, except
persons possessing foreign nationality, shall be
nationals of the Federation. The qualifications for
exercising their rights as citizens of Eritrea shall
be determined by the constitution and laws of
Eritrea. All persons possessing foreign nationality
who have resided in Eritrea for 10 years prior to
the date of the adoption of this resolution shall
have the right, without further requirements of
residence, to apply for the nationality of the
Federation in accordance with Federal laws. Such
persons who do not thus acquire the nationality of
the Federation shall be permitted to reside in and
engage in peaceful and lawful pursuits in Eritrea.
The rights and interests of foreign nationals
resident in Eritrea shall be guaranteed in
accordance with the provisions of Article 7.
- 7.
- All residents of Eritrea without distinction of
nationality, race, sex, language or religion, shall
enjoy human rights and fundamental liberties,
including the following:
- (a)
- The right of equality before the law. No
discrimination shall be made against foreign
enterprises in existence in Eritrea, engaged in
industrial, commercial, agricultural, artisan,
educational or charitable activities, nor against
banking institutions and insurance companies
operating in Eritrea.
- (b)
- The right to life, liberty and security of
person.
- (c)
- The right to own and dispose of property. No
one shall be deprived of property including
contractual rights, without due process of law and
without payment of just and effective
compensation.
- (d)
- The right to freedom of opinion and
expression and of adopting and practicing any
creed or religion.
- (e)
- The right of education.
- (f)
- The right to freedom of peaceful assembly
and association.
- (g)
- The right to inviolability of correspondence
and domicile, subject to requirements of the
law.
- (h)
- The right to exercise any profession subject
to the requirements of the law.
- (i)
- No one shall be subject to arrest or
detention without an order of a competent
authority, except in case of flagrant and serious
violation of the law in force. No one shall be
deported except in accordance with the law.
- (j)
- The right to a fair and equitable
trial.
- (k)
- Retroactivity of penal law shall be
excluded.
The respect for the rights and freedoms of others
and the requirements of public order and the
general welfare alone will justify any limitations
to the above rights.
- 8.
- Paragraphs 1 through 7 of this resolution shall
constitute the Federal Act.
- 9.
- There shall be a transition period not exceeding
————— during which the Eritrean Government will be
organized and the Eritrean constitution prepared and
put into effect.
- 10.
- There shall be a United Nations Commissioner in
Eritrea appointed by the General Assembly.
- 11.
- During the transition period, the present
administering authority shall continue to conduct
the affairs of Eritrea. It shall, in consultation
with the United Nations Commissioner, prepare as
rapidly as possible the organization of an Eritrean
administration, induct Eritreans into all levels of
the administration, and make arrangements for and
convoke a representative assembly of Eritreans
chosen by the people. It may, in agreement with the
Commissioner negotiate on behalf of the Eritreans a
temporary customs union with Ethiopia to be put into
effect as soon as practicable.
- 12.
- The United Nations Commissioner shall, in
consultation with the administering authority, the
Government of Ethiopia, and representatives of the
people of Eritrea, prepare a draft of the Eritrean
constitution to be submitted to the Eritrean
Assembly and shall advise and assist the Eritrean
Assembly in its consideration of the constitution.
The constitution of Eritrea shall also be based on
the principles of Democratic government, shall be
consistent with the provisions of the Federal Act
and shall include the guarantees contained in its
Article 7.
- 13.
- The Federal Act and the Eritrean constitution
shall enter into effect simultaneously following
ratification of the Federal Act by the Emperor of
Ethiopia and the Eritrean Assembly, and following
approval by the Commissioner, adoption by the
Eritrean Assembly and ratification by the Emperor of
Ethiopia of the Eritrean constitution.
- 14.
- Arrangements shall be made by the Government of
the United Kingdom as the administering authority
for the transfer of power to the appropriate
authorities. The transfer of power shall take place
as soon as the Eritrean constitution and the Federal
Act enter into effect in accordance with the
provisions of paragraph 13 above.
- 15.
- The Commissioner shall maintain his headquarters
in Eritrea until the transfer of power has been
completed, and shall make appropriate reports to the
General Assembly of the United Nations concerning
the discharge of his functions.
A. The Commissioner may consult, with
the interim committee of the General Assembly with respect
to the discharge of his functions in the light of
developments and within the terms of the present resolution.
When the transfer of authority has been completed, he shall
so report to the General Assembly and submit to it the text
of the Eritrean constitution.
B. Authorizes the Secretary-General,
in accordance with established practice:
- 1.
-
To arrange for the payment of
an appropriate remuneration to the United Nations
Commissioner;
- 2.
-
To assign to the United
Nations Commissioner such expert staff and to
provide such facilities as the Secretary-General may
consider necessary to carry out the terms of the
present resolution.
