Foreign Relations of the United States, 1951, European Security and the German Question, Volume III, Part 2

320/11–1251: Telegram

The Secretary of State to the Acting Secretary of State ¹

secret
priority

Paris, November 12, 1951—11 p. m.

Delga 161. Re German item. USDel staff had first mtg on Ger item this afternoon with French and Brit, mtg called by latter. Draft British res (sent Dept Delga 136²) revised ad referendum by group; revised text in immediately following telegram.³ Several questions raised at mtg which require governmental decisions. Group agreed to meet again Friday. Wld therefore appreciate Dept’s reactions by Thurs.

We said we had no Dept reactions to draft res yet but Byroade⁴ personally approved in general. Lacoste said French agreed in principle but queried whether opportune to be so detailed in terms of ref. Parrott (UK) thought strict terms of ref essential. We agreed, saying task was difficult and this had better be made clear at outset. Lacoste thought details made task look too difficult and indicated sponsors doubted feasibility of project. Sauvagnargues, German expert from Quai d’Orsay who carried burden of argument for French today, said phrase “simultaneous investigation” protected three powers and further details in res raised psychological hurdles, made it look as if three powers were against unity, and advanced other arguments which did not seem to us to justify apparent intensity of his feelings. Brit and we agreed it was necessary from UN point of view to give detailed terms of ref so exercise wld not look perfunctory and designed merely have propaganda purposes. Lacoste was impressed by this point and group agreed to include details, stating they were examples of matter commission wld examine.

In addition to redrafting of specifics, group agreed to French suggestion of reversing order of preambulatory paras and our suggestion (given to USDel by Byroade) of giving commission access to documents and adding final para requesting SYC to provide necessary staff and facilities.

One point we agreed required governmental decision was French suggestion to add to first operative para language to effect that GA appointment of commission wld be “without prejudice to responsibilities of four occupying powers regarding unification of Germany”, British and we thought this opened res to Soviet attack on Art 107⁵ grounds, but Sauvagnargues argued three powers must make clear that this res did not throw whole German question into UN or relieve four occupying powers of their responsibilities.

Further Unresolved Questions:

1. UK suggestion three powers shld keep in touch with Blankenhorn, FedRep observer here, keeping him informed so he won’t disclaim knowledge of three powers thinking.

2. Shld commission be given time limit and if so, how long? We warned against getting in box where Soviets could spin out negotiations, thus delaying integration of FedRep into Western Defense System.

3. If Russians reject proposal in GA, shld three powers introduce second res expressing regret or, press ahead with original res? Sauvagnargues thought we shld go to vote on first res in order to make propaganda point in Germany. He thought Soviets wld not reject proposal out of hand but wld offer counter-proposal for quadripartite election supervision. We emphasized importance of striving for clearcut Soviet rejection and not allowing matter to drag along indefinitely.

4. What shld position be on hearing East and West Germans in comite? Sauvagnargues was sure we shld oppose: “If East and West Germans ever get together at same table we are lost”.

We raised various other tactical questions on possible Soviet gambits and queried what shld be done to meet them. UK and French indicated lack of prior thought on these problems.

Acheson

1. Secretary Acheson was in Paris for the sixth regular session of the United Nations General Assembly and for meetings with Foreign Ministers Eden and Schuman on matters of common interest. Regarding the meetings of the Foreign Ministers, see editorial note, p. 1312.

2. Not printed; the British draft read:

   “Whereas German Federal Chancellor has expressed desire for appointment of impartial international commission to carry out simultaneous investigation in FedRep Ger, in Berlin and in Sov Zone of Ger in order determine whether existing conditions there make it possible hold genuinely free elections throughout these areas;

   And whereas this request has been brought before Gen Assembly by Govts of UK, the US and Fr,

   The General Assembly:

   Having regard to purpose and principles of UN as set out in Charter, and considering it desirable to give effect to this request,

   1. Resolves to appoint Commission composed of representatives of … which shall carry out simultaneous investigation in FedRep of Ger, in Berlin and in Sov Zone of Ger to ascertain and report whether conditions in these areas are such as to permit holding of genuinely free and secret elections throughout these areas. The matters which commission shall investigate are:

   (a) Constitutional provisions in force in these areas and their applications;

   (b) Treatment of polit parties;

   (c) Organization and activities of police and judiciary, and prison system;

   (d) Conditions under which recent elections have been held and particularly whether they took place under secret ballot and without intimidation;

   (e) Degree to which individual enjoys freedom of movement, freedom from arbitrary arrest and detention, freedom of assoc and assembly, freedom of speech, press and broadcasting.

   2. Calls upon all authorities responsible for administration of Ger to provide commission with facilities which they require to enable them to travel freely throughout areas referred to above; and to allow commission freedom of access to such places as they require to visit in course of executing their task; and to allow them to summon any witnesses whom they wish to examine.” (320/11–1051)

3. Delga 162, November 12, not printed (320/11–1251).
4. Byroade had accompanied Secretary Acheson to Paris for discussions on Germany.

5. Article 107 of the United Nations Charter reads:

   “Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.”