Foreign Relations of the United States, 1952–1954, China and Japan, Volume XIV, Part 2

794.0221/1–1154

No. 731
Draft Directive for United States Civil Administration of the Ryukyu Islands

confidential

[Washington,] 11 January 1954.

(Underlining indicates words added and brackets indicate words deleted from draft of 9 November 1953)¹

Preamble

Under Article 3 of the Treaty of Peace with Japan empowers the United States [to exercise all and any] is exercising the powers of administration, legislation and jurisdiction over the territory and inhabitants of Nansei Shoto south of 29° north latitude, including territorial waters, except with respect to the islands in the Amami Oshima group, the administration of which the United States has relinquished to Japan. [The United States has relinquished to Japan the powers of administration, legislation and jurisdiction over those islands which were historically part of Kagoshima Prefecture.]

The [other] remaining islands of Nansei Shoto specified in Article 3 of the Treaty of Peace with Japan over which the United States continues to exercise authority (hereinafter referred to as the Ryukyu Islands) are of critical strategic importance to the security of the free world. For this reason the United States has developed in these islands a system of military bases and other installations to serve the defense of the entire Pacific area. Pending the establishment of enduring conditions of peace and stability in the Far East, the United States [is required] plans to maintain the degree of control and authority now exercised with respect to the [other] Ryukyu islands [included under Article 3 of the Peace Treaty] so as to enable the United States to contribute effectively to the maintenance of security in the area.

a. u.s. civil administration of the ryukyu islands

1. Prior to the coming into effect of the Treaty of Peace with Japan the Ryukyu Islands were administered as enemy territory under U.S. military occupation. With the effective date of the Treaty the Islands ceased to be enemy territory. However, the administrative, legislative and judicial powers over the Islands, conferred on the United States by Article 3 of the Peace Treaty have been and will continue to be exercised by the Department of [the Army] Defense through the instrumentality of a [Military] Governor. The Department of State, in consultation with appropriate agencies of the Department of Defense, will in the future exercise all powers of the United States with respect to the relations of the Ryukyu Islands with foreign governments and international organizations.

2. The responsibility for the administration of the Ryukyu Islands will henceforth be executed pursuant to this directive and such further instructions as may be issued from time to time by the Department of [the Army] Defense in order to facilitate the achievement of the objectives set forth in this directive. The administration of this area by the Department of [the Army] Defense will be termed the “United States Civil Administration of the Ryukyu Islands” (USCAR), hereafter called the Civil Administration.

3. [This responsibility is delegated to the Commander-in-Chief, Far East, as Governor of the Ryukyu Islands, who is authorized to appoint a subordinate officer of the United States Armed Forces as Deputy Governor to whom he may delegate such authority as he desires, consistent with this directive and subsequent directives.] The United States Civil Administration for the Ryukyu Islands shall be in charge of a governor and deputy governor to whom the governor may delegate such authority as he deems consistent with this directive and subsequent directives. The governor and the deputy governor shall be appointed by the President of the United States. In the discharge of his functions the Deputy Governor will be responsible directly to the Governor. References hereafter to the powers and functions of the Civil Administration are to be construed as being synonymous with references to the powers and functions of the Governor, without implication as to what specific authority the Governor might wish to delegate.

b. mission and objectives of the u.s. civil administration

• [1. The primary mission of the United States Civil Administration of the Ryukyu Islands is to foster conditions within the islands which will enable the United States armed forces in and about the Ryukyu Islands successfully to carry out their military mission and to further the interests of the United States in its struggle to preserve the free world.]

• [2. The development and maintenance of conditions of political and economic stability in the Ryukyu Islands is essential to the fulfillment of this mission. The United States Civil Administration will strive in all ways to assist and encourage the Ryukyuan people in the achievement of such political and economic stability by ways and means of their own choosing, except where such ways and means are in conflict with the mission of the Civil Administration.]

  1. The mission of the U.S. Civil Administration of the Ryukyu Islands is to assure that this strategic area will contribute effectively to the peace and security of the free world. The successful consummation of this mission requires the well-being of the Ryukyuan people, their achievement of political and economic stability and the maintenance of good relations with their neighbors.

• [3.] 2. In pursuance of this mission the basic objectives of the Civil Administration will be:

  (a) To encourage and strengthen democratic tendencies in governmental, economic and social institutions of the Ryukyu Islands.

  (b) To encourage the development of an effective and responsible government, based on democratic principles and supported by a sound financial structure, the administration of which considers, among other things, the cultural and educational ties between the Ryukyu Islands and Japan. [and the eventual return of the islands to Japan.]

  (c) To assist the Ryukyuan people in achieving a viable economy which will permit the maintenance of a standard of living reasonably comparable to that of Japan and which can ultimately be sustained by the efforts of the Ryukyuan people.

  (d) To assist the Government of the Ryukyuan Islands and the Ryukyuan people in achieving those standards of living, education, public health, and public safety requisite to the achievement of the objectives noted above.

c. authority of the u.s. civil administration

• 1. The U.S. Civil Administration will govern through an indigenous Government of the Ryukyu Islands (GRI, see D. below); but the Civil Administration may, if such action is necessary for the fulfillment of its mission, veto or suspend laws or any other acts of the Government of the Ryukyu Islands or its local subdivisions; promulgate laws, ordinances or regulations; review or otherwise modify any decision, judgment, or sentence of the courts; remove officials from office. The U.S. Civil Administration may resume, in whole or in part, the exercise of full authority in the Ryukyus, if such resumption of the exercise of authority appears indispensable for security reasons. Except in emergencies, the foregoing powers will be exercised only after approval of the proposed action by the Secretary of Defense with the concurrence of the Secretary of State.
• [2. In exercising the powers enumerated in the preceding paragraph the Civil Administration will maintain close contacts with Ryukyuans in responsible and influential positions. Within these contacts it will be appropriate for the Civil Administration to provide information, assistance and guidance rather than to exercise authoritative prerogatives. Every effort will be made, through such counsel and consultation methods, to insure that final actions by the Government of the Ryukyu Islands and its functional and local subdivisions will embody solutions acceptable to the Civil Administration. This will considerably reduce the necessity for the Civil Administration actually to take the extreme step of vetoing legislation, nullifying an election, reversing an announced executive action, or otherwise overriding an act of the Government of the Ryukyu Islands or interfering with the latter’s normal functions. It is the policy of the U.S. to reduce its responsibilities for civil administration of the Ryukyus as rapidly as compatible with military requirements. The ultimate authority to control the government of the Islands rests with the Civil Administration. Subject to the foregoing, however, the Administration will:]
  • [a. Promote an atmosphere of mutual cooperation and understanding in which the Government of the Ryukyu Islands can be permitted to exercise the normal power of government in all matters of domestic administration.]
  • [b. Advise and consult with the appropriate Ryukyuan executive and legislative authorities in advance of legislation by the Ryukyuan legislature or the municipal legislative bodies with a view to making unnecessary the use of the veto power.]
  • [c. Refrain from the exercise of the authority to review decisions of the Ryukyuan courts except in cases involving a serious threat to the fulfillment of the Civil Administration mission.]
  • [d. Cooperate and coordinate with the Government of the Ryukyu Islands and with the municipal governments at all levels in the formulation and development of programs, policies and procedures, while recognizing that such governments should be accorded as much freedom as possible in achieving the political aspirations of the Ryukyuan people in fostering its trade, commerce, and industry, and in developing the resources of the islands.]
  • [e. Refrain from exercising its power to remove from office officials of any level of Ryukyuan government except in instances where the continuance of the official in office would constitute a serious threat to the fulfillment of the Civil Administration mission.]
  • [f. Preserve in all its acts, to the Ryukyuan people, the basic liberties enjoyed by people of democratic countries, including freedom of speech, assembly, petition, religion, and press, and security from unreasonable searches and seizures, and from deprivation of life, liberty or property without due process of law.]
  • [g. Encourage political parties, with rights of assembly and public discussion. However, such rights need not be extended to political groups or organizations which advocate political, governmental or social change by means other than orderly legal processes or peaceful petition, or which operate in such fashion as to preclude effective control over party policies and activities by the full membership of such parties.]
  • [h. Make every reasonable effort to achieve its civilian administration objectives with a minimum disruption of the lives of the Ryukyuan people.]

2. In exercising the powers enumerated in the preceding paragraph the Civil Administration will preserve in all its acts to persons in the Ryukyu Islands the basic liberties enjoyed by people of democratic countries, including freedom of speech, assembly, petition, religion, and press, and security from unreasonable searches and seizures, and from deprivation of life, liberty or property without due process of law.

d. the government of the ryukyu islands (gri)

1. There will be maintained a [responsible] central government, and [responsible] governments at the municipal level. The central government shall be known as the Government of the Ryukyu Islands.

2. The Government of the Ryukyu Islands shall conform [in general] to the principles of democratic self-government.

3. The legislative power of the Government of the Ryukyu Islands, except as otherwise provided herein, shall be vested in a legislative body whose members are elected by the people of the islands under procedures established by the legislative body. The legislative body shall exercise legislative powers which extend to all subjects of legislation of local application. The legislative body shall be the judge of the selection and qualification of its own members and shall choose therefrom its officers and determine its rules and procedures. The legislative powers of the municipal governments shall be exercised by local legislative bodies elected by the inhabitants of the municipalities in accordance with procedures established by the Government of the Ryukyu Islands.

4. Executive officers of the Government of the Ryukyu Islands and of the municipal governments shall be elected either directly or by their respective legislative bodies, as determined by the legislative body in accordance with rules and procedures established by such body.

5. [A system of courts will be maintained by the Government of the Ryukyu Islands, including civil and criminal courts and appellate tribunals. These courts will exercise jurisdiction over all resident Ryukyuans. Such jurisdiction will be extended at the discretion of the Civil Administration to include any other persons in the Islands as rapidly as compatible with the capability of the Ryukyuan courts to handle such cases. The Ryukyuan courts will not exercise jurisdiction over members of the U.S. armed forces, civilian officials and employees of the U.S. Government, their dependents, or other persons subject to military law pursuant to the “Uniform Code of Military Justice”, Article 2, paragraphs (1) through (11). The judges and other officers of the courts will be appointed by the Chief Executive of the Government of the Ryukyu Islands, in accordance with the procedures established by the Ryukyuan legislative body.] A system of courts will be maintained by the Government of the Ryukyu Islands, including civil and criminal courts and appellate tribunals. These courts shall exercise civil and criminal jurisdiction in all cases except those involving criminal offenses committed by persons subject to United States military law in accordance with Paragraphs (1) through (11) of Article 2 of the Uniform Code of Military Justice. The judges and other officers of the courts will be appointed by the Government of the Ryukyu Islands, in accordance with the procedures established by the Ryukyuan legislative body.

[6. In addition to the aforementioned courts, Civil Administration tribunals may be convened for the purpose of exercising jurisdiction in specific individual cases of particular importance affecting the security of the United States, its property and/or its personnel. These tribunals are not to be regarded as a continuously functioning element of the judicial machinery, but only as ad hoc tribunals convened for special cases clearly beyond the competence of the Ryukyuan courts. These tribunals will function in accordance with proclamations, ordinances and directives promulgated by the Civil Administration. All revenues from these tribunals will be transferred as general revenue to the Government of the Ryukyu Islands.]

e. codification of ryukyuan law

The Civil Administration will advise and assist the Government of the Ryukyuan Islands with respect to the enactment and effective administration of civil and criminal codes and the codification of Ryukyuan laws, ordinances and regulations. In carrying out this responsibility the Civil Administration should give recognition to the desirability of correlating the Ryukyuan legal system, including the civil and criminal codes, with the present legal system of Japan.

f. administration of economic affairs

1. The Civil Administration will assist and encourage the Ryukyuan Government to establish and maintain a long-range economic program through the development of the resources of the Ryukyus. This program would be designed to establish an economy that will support a standard of living reasonably comparable to that of Japan. This program should include but not be limited to assistance in the development of:

(a) All suitable forms of agriculture, fishing, industry and commerce under a system of free, competitive enterprise.

(b) A sound policy for the conservation and utilization of the natural resources of the Ryukyuan Islands, with special emphasis on land reclamation and improvement and the development of scientific methods of agriculture.

(c) A long-term basis of Ryukyuan industries and natural resources with a view to reducing import requirements and increasing exports.

(d) Ryukyuan foreign trade and the encouragement of foreign investment in the Ryukyuan Islands. Recognition should be given to the fact that Japan is the foremost importer from the Ryukyuan Islands and the foremost exporter to the islands. Travel by businessmen between the islands and Japan should be encouraged.

(e) A stabilized financial structure based on an equitable system of taxation adequate to support the Ryukyuan Government, a sound banking and currency system, including a single rate of exchange appropriate for all foreign transactions with the ultimate objective of free convertibility.

(f) Protective labor legislation defining standards of hours, minimum wages and working conditions and the encouragement of the formation of organizations of employees along democratic lines which the Civil Administration determines to be beneficial to the Ryukyuan people and with the view to the eventual return of the area to Japan.

2. [(g) A fund in which] All local currency revenues obtained from the sale of GARIOA supplies or received by the Civil Administration as a result of GARIOA investments will be deposited in a special fund. This fund may be used with the approval of the Civil Administration for the following purposes:

(i) Minimum essential support of the Government of the Ryukyu Islands, pending the development of adequate revenues.

(ii) Reasonable local currency expenses of the Civil Information and Education Program.

(iii) Economic rehabilitation, including but not limited to the extension of loans to agriculture and private enterprises which will expand domestic production and services and promote economic self-support.

(iv) Public works, capital improvements and disaster relief conducted by the Government of the Ryukyu Islands with the approval of the Civil Administration.

g. administration of civil information and education

1. The Civil Administration will conduct a civil information and education program, the primary purposes and principles of which are as follows:

(a) The skills and facilities available through the program will be utilized in all possible ways to facilitate and hasten achievement of the basic objectives of the Civil Administration, and to assist the components of the Civil Administration in the accomplishment of specific projects and programs.

(b) The civil information and education program will give strong encouragement and assistance to the development, among the Ryukyuan people, of competence and willingness to assume progressively greater responsibility in the conduct and support of civil affairs.

(c) The civil information and education program will provide advice and counsel to Ryukyuan education institutions at all levels, encouraging the establishment and maintenance of an educational system appropriate to the needs and capabilities of the Ryukyuan people and to their Japanese heritage.

(d) In fulfilling the other objectives set forth in this section the civil information and education program will strive to create among the Ryukyuan people attitudes of understanding, friendship, trust, and common interest relative to the United States and other members of the free world community.

h. administration of public health and welfare

The Civil Administration will cooperate with the Government of the Ryukyu Islands to secure reasonably high satisfactory standards of public health and welfare for the Ryukyuan people. The Civil Administration may contribute, out of available funds, to the maintenance of such standards. [To the extent that health requirements of U.S. personnel stationed in the Islands may necessitate the maintenance of Ryukyuan public health at a level beyond that to be considered reasonable for the Ryukyuan people themselves, the Civil Administration is authorized to utilize available appropriated funds to maintain such higher level.]

i. administration of public safety

The Civil Administration will advise and assist the Government of the Ryukyu Islands and the local governments to establish public safety systems which will assure the peaceful maintenance of law and order in a manner which will safeguard the fundamental rights of the Ryukyuan people. (See also Section L, para 1, sub-para a, below).

j. procurement and use of real property

1. The exercise of full governmental powers in the Ryukyus on the basis of the Peace Treaty with Japan provides authority for the Civil Administration to utilize the public property of the Japanese Government in the Ryukyuan Islands as the United States authority designated to exercise the United States powers of administration, legislation and jurisdiction in the islands. The Civil Administration may in its discretion permit the Government of the Ryukyu Islands to use such property on such terms and conditions as it determines, but may not transfer the title to such property.

2. The Civil Administration will be the United States agency responsible for the acquisition of real estate and other facilities in the Ryukyu Islands required for the use of United States Government agencies. Property [required] for the use of United States Government agencies will be acquired by purchase or lease, negotiated by the GRI when appropriate, with the owners of the property. In addition, when appropriate and when funds have been authorized for the purpose, use of certain property for so long as it may be [required] needed by the United States may be procured by the acquisition of easement interests in such property, full compensation in the amount of the assessed value of the property being made initially to the owners. In the event that leases or easements for [required] property cannot be negotiated on equitable and reasonable terms, the Civil Administration shall [direct the Government of the Ryukyu Islands to] determine, after consultation with local authorities and the Government of the Ryukyu Islands, whether the property is required for use by the United States. The Government of the Ryukyu Islands shall acquire for the United States the necessary leasehold interest in the property by the exercise right of eminent domain in condemnation proceedings and the United States shall make reasonable and prompt compensation. The condemned property shall be made available to the United States by the Government of the Ryukyu Islands.

3. The Civil Administration in determining the facilities and areas to be made available to the United States armed forces in carrying out their military mission shall give full consideration to the effect which such determination may have on the economic and social life of the Ryukyuan people and give adequate respect to the property rights of the individuals concerned.

4. The Civil Administration will act as the agent of the United States in compensating private owners of real estate or other property for the use of their land and/or other property subsequent to July 1, 1950.

5. The Civil Administration will advise and encourage the Ryukyuan Government in developing and maintaining adequate records of land titles.

6. Non resident individuals or corporations owning real estate in the Ryukyu Islands which is not needed by the United States Government may continue to control such property, if it is reasonably utilized to the benefit of the Ryukyuan economy. Should these owners decline to permit such use of their property, the Government of the Ryukyu Islands may, at the direction of the Civil Administration, condemn the land and use it for the benefit of the Ryukyuan economy.

k. supplementary instructions

1. The Civil Administration will assist the Government of the Ryukyu Islands in the development of a program to resettle Ryukyuans, who have been deprived of land by the requirements of U.S. military forces, within the Ryukyuan archipelago and other suitable areas.

2. The Civil Administration will have prepared and will transmit to the Department of [the Army] Defense from time to time, as requested, estimates, with complete justification, of appropriations from United States funds for the U.S. Civil Administration of the Ryukyuan Islands. It will be responsible for the expenditure, under approved procedures, of funds made available for such purposes. Monthly progress reports will be prepared and submitted to the Department of [the Army] Defense.

3. All United States agencies in the Ryukyu Islands will abide by and conform to Civil Administration ordinances and directives.

4. JCS directives for Civil Administration of the Ryukyu Islands, previously issued, are superseded by this directive.

5. The proclamations, ordinances and directives heretofore issued by the Civil Administration will continue in force and effect until amended or rescinded pursuant to the terms of this directive.

l. fiscal relations between the commander in chief, far east, and the government of the ryukyu islands and the ryukyuan people

Fair and prompt compensation [to the extent appropriated funds are available] will be made to the Government of the Ryukyu Islands, and/or to the Ryukyuan people for the use of Ryukyuan land, labor or other Ryukyuan economic resources by U.S. agencies. The question of compensation for the use of land will be kept under review in the light of the economic position of the Ryukyus.

Note: In addition [to]² the proposed directive it is also proposed that the document transmitting the directive contain additional instructions to the Governor, probably secret, which will include: (a) all of old Paragraph C(2) except item f; (b) a requirement for a full and detailed report within three months on the problem of land use and compensation; (c) a requirement for semi-annual progress reports on reduction of responsibility for civil administration.

1. Underlined words set here in italics; all brackets are in the source text.
2. Bracketed insertion added by the editors.