Foreign Relations of the United States, 1952–1954, The Near and Middle East, Volume IX, Part 2

745W.00/2–453: Telegram

No. 1092
The Acting Secretary of State to the Embassy in Egypt¹

secret
priority

Washington, February 5, 1953—4:22 p.m.

1583. For the Ambassador.

Representatives of British Embassy have just delivered following papers on the Sudan in accordance with discussions between Secretary and Eden, reference London telegram 4308 repeated Cairo 226. Report of discussion and our comments will be dispatched shortly by separate cable.

“Anglo-Egyptian Negotiations on the Sudan

Two major points so far unresolved between Her Majesty’s Government and the Egyptian Government in these negotiations are: the question of safeguards for the South, and that of the completion of Sudanisation.

2. As regards the question of safeguards for the South: Her Majesty’s Government would be prepared to accept either of two alternatives. These are: either the Egyptians accept (a) the proposal which has already been put to them, namely that it should be left to the Sudanese Parliament to write in what safeguards they consider necessary for the South; or (b) the proposal that Article 100² in the Statute should be retained, altered to give Governor General powers in respect of any or all Provinces, but making the exercise of his powers subject to the advice of his Commission.

3. As regards Sudanisation, despite the difficulties Her Majesty’s Government would be prepared to accept the Egyptian draft on Sudanisation provided that the Egyptians agree that the detailed preparations for the process of self-determination, including all arrangements designed to secure a free and neutral atmosphere, should be made subject to international supervision. It is not perhaps necessary to decide immediately what form this supervision should take but it would be our understanding that some form of International Commission would have, at the appropriate time, to consider the position as regards Sudanisation in the light of reports from the Sudanisation Committee and any views expressed in the Sudanese Parliament, and that Her Majesty’s Government and the Egyptian Government would give full weight to the Commission’s recommendations.”

“Egyptian Redraft of Annex III of the Draft Agreement

1. The duties of the Sudanisation Committee shall be to complete the Sudanisation of the Administration, police, the Sudan defence forces, and any other Government post that may affect the freedom of the Sudanese at the time of self-determination. The Committee shall review the various Government posts with a view to cancelling any unnecessary or redundant posts held by Egyptian or British officials.

2. The Committee may co-opt one or more members as it deems fit to act in an advisory capacity without the right to vote.

3. The Committee shall take its decisions by majority vote. The Committee’s decisions shall be submitted to the Governor-General for his assent. If the Governor-General does not agree with any such decision he may, with the approval of his Commission, with-hold his assent and in the event of disagreement between the Governor-General and the latter, the matter shall be referred to the two Governments. The Commission’s decision shall stand unless the two Governments agree to the contrary.

4. The Sudanisation Committee shall complete its duties within a period not exceeding 3 years. It shall render periodical reports to the Governor-General who shall consider them in conjunction with his Commission. These reports with any comments thereon shall be transmitted to the two Governments for such joint action as they may consider proper. Without prejudice to the special powers of the Sudanese Council of Ministers as set out under Article 19(2) of the Statute for Self-Government, the two Governments shall give every possible assistance for the completion of the Committee’s task.

5. The salaries and allowances of the members of the Committee shall be assessed by agreement between the two Governments and the Sudan Administration. The Sudan Administration will pay the expenses of members of the Committee travelling within the Sudan in the course of their duties and supply the necessary offices and secretarial staff.”

Matthews

1. Drafted and approved by Byroade.

2. An Annex containing the original version of Article 100, was not attached to the record copy of this telegram. The following is a verbatim text:

   “Annex—(Special Responsibilities of Governor-General)

   “100. (1) The Governor-General shall have a special responsibility for the public service and for the Southern Provinces. It shall be his duty to ensure fair and equitable treatment both for members of the public service, whose contractual rights and interests shall be safeguarded, and for the Southern Provinces, whose special interests shall be protected.

   “(2) The Governor-General may refuse his assent to any bill which would in his opinion adversely affect the performance by him of his duties under the preceding Sub-section; and may from time to time make such orders as may appear to him to be necessary in the performance of the said duties.

   “(3) Every such order shall be in writing under the Governor-General’s hand, and shall recite the purpose of the order.

   “(4) An order hereunder shall have the force of law, and to the extent of any repugnancy or inconsistency between any such order and any existing or future legislative enactment, or administrative or executive act of the Government, the order shall prevail, and the Courts shall give effect thereto accordingly.” (641.45W/2–553)