Foreign Relations of the United States, 1952–1954, East Asia and the Pacific, Volume XII, Part 1

396.1 MA/9–454: Telegram

The Ambassador in the Philippines (Spruance) to the Department of State¹

secret

Manila, September 4, 1954—4 p.m.

Secto 9. Working group concluded sessions September 4 with following text to be presented to Ministers on September 6:

Verbatim Text

Southeast Asia Collective Defense Treaty

Preamble

The parties to this Treaty, recognizing the sovereign equality of all the parties, reaffirming the principles of self determination and the right of all peoples to self government or independence, (see note 1)

Reiterating their faith in the purposes and principles set forth in the Charter of the United Nations and their desire to live in peace with all peoples and all governments,

Desiring to strengthen the fabric of peace and freedom and to uphold the principles of Democracy, individual liberty, self determination of peoples, (see note 2) the rule of law, and to promote the economic well-being and development of all peoples in the Treaty area,

Noting the agreements concluded on 20th July, 1954, at the Geneva Conference and declaring that any renewal of the aggression in violation of the aforesaid agreements would be a matter of grave international concern, (see note 3)

Intending to declare publicly and formally their sense of unity, so that any potential (Communist) (see note 4) aggressor will appreciate that the parties stand together in the area, and

Desiring further to coordinate their efforts for collective defense for the preservation of peace and security,

Therefore agree as follows:

• Article I

  The parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations. (Agreed)

• Article II

  In order more effectively to achieve the objectives of this Treaty, the parties, separately and jointly, by means of continuous and effective self-help and (mutual aid) (see note 5) will maintain and develop their individual and collective capacity to resist armed attack (and to prevent and overcome subversive activities directed from without against their territorial integrity and political stability). (See note 6)

• Article III

  The parties undertake to strengthen their free institutions and to cooperate with one another and with other free States in the further development of economic measures, including technical assistance, designed to promote economic progress and social wellbeing and to supplement the individual and collective efforts of government toward these ends. (See note 8)

• Article IV

  1. Each party recognized that (Communist) (see note 9) aggression by means of armed attack in the Treaty area against any of the parties or against Cambodia, Laos, or the territory under the jurisdiction of the Free Vietnamese Government, or against any States or territory which the parties by unanimous agreement may hereafter designate, would endanger its own peace and safety, and agrees that it (would act to meet the common danger in accordance with its constitutional processes) (see note 10). Measures taken under this paragraph shall be immediately reported to the Security Council of the United Nations. (See note 11)

• Article IV

  2. If in the opinion of any of the parties, the inviolability or the integrity of the territory or the sovereignty or political independence of any party in the Treaty area or of any other State or territory to which the provisions of paragraph 1 from time to time apply is threatened in any way other than by armed attack or is affected or threatened by any other fact or situation which might endanger the peace of the area, the parties shall consult immediately in order to agree on the measures which should be taken for the common defense. (See note 12)

• Article V

  The parties hereby establish a Council, on which each of them shall be represented, to consider matters concerning the implementation of this Treaty. The Council shall set up such subsidiary machinery as may be necessary to achieve the military and other objectives of the Treaty. (See note 13) The Council is empowered to arrange with States not parties to the Treaty for cooperation in giving effect to any of the provisions of the Treaty. The Council shall be so organized as to be able to meet at any time.

• Article VI

  This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of any of the parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security. Each party declares that none of the international engagements now in force between it and any other of the parties or any third party is in conflict with the provisions of this Treaty, and undertakes not to enter into any international engagement in conflict with this Treaty. (Agreed)

• Article VII

  The parties may by unanimous agreement invite any other States in a position to further the objectives of this Treaty and to contribute to the security of the area to accede to this Treaty. Any State so invited may become a party to the Treaty by depositing its instruments of accession with the government of (blank). The government of (blank) will inform each of the parties of the deposit of each such instrument of accession. (See note 14)

• Article VIII (See note 15)

  As used in this Treaty, the “Treaty area” is the general area of Southeast Asia and of the Southwest Pacific, not including the Pacific area north of 21 degrees 30 minutes north latitude. The parties may by unanimous agreement amend this article to include within the Treaty area the territory of States acceding to this Treaty in accordance with Article VII or otherwise to change the Treaty area.

• Article IX

  This Treaty shall be ratified and its provisions carried out by the parties in accordance with their respective constitutional processes. The instruments of ratification shall be deposited as soon as possible with the government of the (blank) which shall notify all of the other signatories of such deposit.

  The Treaty shall enter into force between the States which have ratified it as soon as the ratifications of a majority of the signatories shall be deposited, and shall come into effect with respect to other States on the date of the deposit of their ratification. (See note 16)

• Article X

  This Treaty shall remain in force indefinitely, but any party may cease to be a party one year after its notice of denunciation has been given to the government of (blank), which will inform the governments of the other parties of the deposit of each notice of denunciation. (See note 17)

  • Note 1: Addition proposed by the Pakistan delegation as an alternative to the additional Article IV proposed by the Philippine delegation.
  • Note 2: Proposed insertion by the Thai delegation.
  • Note 3: The Australian delegation proposes the insertion of this paragraph.
  • Note 4: The UK, Australian, New Zealand, France, Philippine, and Pakistan delegations oppose the inclusion of the word “Communist.” This matter will be referred to the Ministers for resolution.
  • Note 5: The UK delegation proposes the substitution of “consultation and cooperation with one another.” The Pakistan delegation proposes the substitution of “assistance” for “aid.”
  • Note 6: The French delegation proposes the deletion of this language.

  • Note 7: The Pakistan delegation proposes for the whole article:

    “In order to promote economic stability and social well-being and thereby remove a basic cause of weakness in the Treaty area, the parties recognize the urgent need for fuller and more effective development of economic resources in the area, and undertake to cooperate with one another for the purpose. The parties appreciate the desirability of supplementing present economic and technical assistance available to the area and of continuing the utilization of existing bilateral arrangements for the purpose where they are regarded as adequate.”

    The French delegation proposes for the whole article:

    “In the economic field the parties undertake to cooperate between themselves and with other countries animated by the same intentions.

    “They will take collectively or individually, the measures destined to insure economic stability, to promote agricultural and industrial development and equipment and to encourage social well-being in the area defined under Article VIII below.

    “To this end, they will study the requests for assistance which may be directed to them and will back them with their authority as appropriate. They will have recourse, as need may be, to the adequate existing organizations.”

  • Note 8: The Philippine [delegation] proposes a new article to be inserted after this article and to be numbered as Article IV:

    “The parties recognize and will uphold the principle of self-determination and the right of the peoples in the area of Southeast Asia and Southwest Pacific to self-government or independence.”

  • Note 9: The UK, Australian, New Zealand and Pakistan delegations propose deletion of the bracketed word.
  • Note 10: The Thai delegation proposes the substitution of the following language: “Will in that event take appropriate action to meet the common danger.”²

  • Note 11: The Philippine delegation proposes substitution of the following language for the whole paragraph 1:

    “1. The parties agree that an armed attack against one or more of them in Southeast Asia or Southwest Pacific shall be considered an attack against them all; and consequently they agree that, if such an armed attack occurs, each of them in exercise of the right of individual or collective self-defense, recognized by Article 51 of the Charter of the United Nations, will assist the party or parties so attacked by taking forthwith, individually and collectively with the other parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the Southeast and Southwest Pacific area.”

    The Pakistan delegation proposes substitution of the following language for the whole paragraph 1:

    “Each party recognizes that aggression by means of armed attack in the Treaty area against any of the parties, or against any State or territories which the parties, by unanimous agreement may hereafter designate, would endanger its own peace and safety, and agrees that it would act to meet the common danger in accordance with its own constitutional processes. Measures taken under this paragraph shall be immediately reported to the Security Council of the United Nations.

  • Note 12: The French delegation proposes substitution of the following language for the whole article:

    “Each of the parties will consider as endangering peace and its own security any armed attack in the Treaty area against any of the parties, or against the Kingdom of Cambodia, the Kingdom of Laos, and the State of Vietnam, or against any other State or territory which the parties designate by unanimous agreement. Each of the parties agrees to take all individual or collective measures required to face the common danger. The measures taken under this paragraph will be immediately reported to the Security Council.

    “Each of the parties will consider as a threat to peace and to its own security any armed attack in the area against a State other than the States indicated in the preceding paragraph. The parties agree, in such an event, to consult immediately with each other on the measures which could be taken individually or collectively to meet such threats.

    “Any action other than an armed attack such as to impair the political or territorial status of any one of the participating States will also call for consultation among the parties, when such action is such as to endanger the peace of the area.”

  • Note 13:

    The underlined sentence³ has been proposed by the Australian delegation.

    The Pakistan delegation proposes the deletion of “military and other” in that sentence.

  • Note 14:

    The Philippine delegation proposes the insertion of the words “United States of America” in the blank spaces.

  • Note 15:

    The Philippine delegation has proposed the following substitute language for the whole article:

    “As used in this treaty, the ‘treaty area’ is the area of Southeast Asia and Southwest Pacific within the territorial jurisdiction of the parties. The parties may by unanimous agreement amend this article to include within the treaty area the territory of states acceding to this treaty, or otherwise to change the treaty area.”

    The Pakistan delegation proposes the following redraft of the first sentence:

    “As used in this treaty the ‘treaty area’ is the general area of Southeast Asia and of the Southwest Pacific, not including the Pacific area north of 21 degrees 30 minutes north latitude but including the entire area under the territorial jurisdiction of Asian parties whether situated within or without Southeast Asia.”

  • Note 16:

    The Philippine delegation proposes the insertion of the words “United States of America” in the blank space.

  • Note 17:

    The Philippine delegation proposes the insertion of the words “United States of America” in the blank space.

Spruance

1. Content of this telegram indicates that it was prepared by the U.S. Delegation to the Manila Conference. Telegram transmitted in four sections.

2. The Secretary and MacArthur discussed this language with Prince Wan and Ambassador Pote Sarasin late on the afternoon of Sept. 5. Part of MacArthur’s memorandum of this conversation follows:

   “The Secretary paid a courtesy call on Prince Wan this afternoon. After the usual amenities, Prince Wan made reference to the proposed Thai amendment to Article IV of the draft Treaty. He explained that in Thailand, people had the impression that the NATO formula was much stronger than the ANZUS formula, and that while he recognized the validity of the position put forward by the US, he attached great importance to the Thai amendment which modifies the existing draft by saying ‘… will in the event take appropriate action to meet the common danger.’ Prince Wan also said it would be helpful if ‘would act’ could be changed to ‘will take action.’

   “The Secretary explained the fact that as a practical matter there was no real difference between the two formulas, and outlined the Congressional background on the question. He urged Prince Wan very strongly to accept the formula as drafted but said he would be very glad to accept changing ‘would’ to ‘will.’ Although the Secretary did not specifically indicate that he would be agreeable to changing ‘act’ to ‘take action.’ he did not rule out this change.

   “Prince Wan implied that he would not have to press his amendment.” (790.5/9554)

3. Printed as italics.