694.001/5–3051: Telegram
The Chargé in the Philippines (Harrington) to the Secretary of State
3807. Romulo informally showed me today Phil comments on draft Jap peace treaty.1 The fol deletions and additions are suggested. Phils attach greatest importance to recommended additions with [Page 1054] respect to (1) Jap educational system and (2) chapter re claims and property. Suggested addition re education reads as fols: “Para 6 (d) to accept the auth of UN to direct and supervise its entire educational system for a period not exceeding twenty years from the date of the effectivity of this treaty, through such means and agencies as the UN may determine, for the purpose of ensuring the development of the concept of individual liberty, the dignity of the human person, and the democratic way of life as basic factors in the personal and national life of the Jap people”.
The foregoing addition with respect to Jap educational system is followed by a suggested subpara 6 (e) “to accept the right of the UN to intervene for the preservation and maintenance of the supremacy of the civil over the military auths in the government of Jap, for the prevention of the rise of any form of dictatorship, and for the enforcement of any obligations of Jap under this treaty, such right of intervention to last for a period of twenty years from the date of the effectivity of this treaty. The act of intervention shall last as long as in the judgment of the UN the situation requires.”
The suggested addition with respect to claims and property reads as fol: “Chapter 6, para 14, pursuant to the Potsdam Declaration and the instrument of surrender of Sept 2, 1945, the allied powers affirm and Jap accepts responsibility for causing loss and damage to the allied powers and their nationals as a consequence of the Pacific war, and agrees to make reparations therefor to each of the allied powers in the fol amounts: (Fols here the names of the allied powers entitled to reparations and the amount for each). Nothing herein shall be understood as precluding or preventing any of the allied powers to waive its share in the reparations herein provided.
“Jap, in pursuance of the provisions in the preceding para grants to each of the allied powers the right to vest, retain and dispose of all property, rights and interests of Japan and of Jap nationals, which between Dec 7, 1941 and Sept 2, 1945 were within their territories or within territories renounced by Jap, or within territories administered by any of them under United Nations trusteeship, except (1) tangible diplomatic or consular property, net of any expenses incident to its preservation; (2) property of exclusively religious or charitable institutions; and (3) trademarks identifying products originating in Japan.
“The total Jap assets granted to each of the allied powers in accordance with the foregoing shall be deducted from the reparations rights of each of the allied powers herein established.
“In case any allied power has taken property, rights or interests of an industrial character of Japan or of Jap nationals from the territory of another allied power, it will account to the other.
“Para 15. Japan will return, upon demand, within six months from [Page 1055] the first coming into force of this treaty, the property, tangible and intangible, and all rights or interests of any kind, in Japan of each allied power and its nationals, unless the other has freely disposed thereof without duress or fraud. In the event of war loss or damage to property of nationals of allied powers in Japan compensation will be made in accordance with Japanese domestic legis in yen subject to Japanese foreign exchange regulations.
“Para 16. Japan waives all claims of Jap and its nationals against the allied powers for action taken during the state of war hereby ended, and waives all claims arising from the presence, operations or actions of forces or authorities of any of the allied powers in Jap territory prior to the coming into force of the present treaty.”
The Phils will recommend deletion of Art 19 for reason that it compels ratification. They object to Art 20 unless it is amended so as not to bar reparations claims of the Phils now or in the future.
Full text of comments will be made available to Emb tomorrow fol final approval by Cabinet tonight. Their comments will be formally communicated through Phil Emb, Wash.2
It is to be noted that the Phil proposal on reparations omits both amt of reparations and plan for making payments. Emb believes these omissions were deliberately made as bargaining points in hope principle of reparations will be accepted.3
- On March 29 Philippine representatives had been handed a copy of the draft printed under date of March 23, p. 944.↩
- On June 1 the Philippine Embassy in Washington presented the Department a copy of the Philippine comments dated May 31, not printed. (694.001/6–151)↩
- In telegram 2985 to Manila, June 1, drafted by Mr. Dulles, the Department stated in part that “on question of reparations which is central from the standpoint Phils we are anxious that they shld at once realize that their present proposal seems to us meaningless since amounts and methods are blank. If amounts are nominal that is one matter. If amounts are great that is something else. If payments are in foreign exchange that is something different from goods and services. Therefore, unless Phil proposal is developed as a whole we cannot judge it.” (694.001/5–3051)↩