Foreign Relations of the United States, 1952–1954, The Geneva Conference, Volume XVI

PPS files, lot 65 D 101, “Indochina”

Memorandum by Charles P. Stelle of the Policy Planning Staff¹

top secret

[Washington,] April 9, 1954.

Subject:

• Formula for an Indochina Settlement

Problem: To formulate a position on an Indochina settlement which would be acceptable to the United States and which although unacceptable to the Communists would appear reasonable to world opinion, and which in the unlikely event that the Communists were willing to sacrifice their position in Indochina, would provide some face-saving elements to facilitate their capitulation.

Elements of the formula:

From the point of view of the United States a settlement in Indochina should provide for a disarmament of the Vietminh forces, and a cessation of all Chinese Communist assistance to the Vietminh forces. These two provisions, if carried out, would in effect provide for a French and Associated States victory in Indochina. From the point of view of the United States free elections, or the withdrawal of French forces, should occur only after the disarmament of Vietminh forces and the cessation of Chinese Communist assistance. Nevertheless from the point of view of world opinion any formula for an Indochina settlement should provide at some stage for free elections and the withdrawal of French forces. To be acceptable to world opinion the formula should also provide for full freedom of the Associated States, amnesty for the disarmed Vietminh, and international supervision of free elections. The following formula attempts to incorporate these elements in a manner which will assure that elections will be carried out only after disarmament of the Vietminh has actually occurred.

Formula:

1. France affirms the independence and sovereignty of the Associated States of Vietnam, Laos and Cambodia, and declares that as an instance of their sovereign equality they are completely free to elect for themselves whether to remain in or to depart from the French Union.

2. All parties to the agreement (including the U.S.S.R., Communist China, and the Vietminh), in the interest of establishing those conditions of peace and order which are the prerequisites for the full and free expression of the popular will of the peoples of the states of Vietnam, Laos and Cambodia, agree to cease all hostile acts or support of such acts against the present governmental authorities of the three states, and to call on all individuals and groups who have hitherto been undertaking hostile action against these authorities to lay down their arms and cooperate in the establishment of peace and order, and to cooperate with the authorities of the three states in the establishment of peace and order.

3. The Governments of the Associated States agree that individuals and groups who have hitherto been conducting hostile acts against these Governments but who now lay down their arms and cooperate with these Governments will be granted amnesty for their previous acts against these Governments and will be assured of personal safety and freedom.

4. The parties to the agreements agree to invite the United Nations to constitute a Peace Commission to assist in the establishment of peace and order in the Associated States and to grant to this Commission all facilities, privileges, freedom of movement and assistance which the Commission may deem necessary to ensure:

a. That all acts of hostility against the Governments of the Associated States cease, and that all those individuals and groups who have hitherto been conducting such hostilities lay down their arms and cooperate with the Governments of the Associated States in the establishment of peace and order;

b. That all assistance of any kind to individuals or groups who fail to lay down their arms or fail to cooperate with the Governments of the Associated States cease, including the provision of supplies, military advice, or military training or assistance in areas within or outside the territories of the Associated States.

c. That all individuals or groups who lay down their arms and cooperate with the Governments of the Associated States in the establishment of peace and order receive adequate guarantees of personal safety and freedom.

5. At such time as the United Nations Peace Commission is able to report that all hostile acts or support of such hostile acts against the Governments of the Associated States has ceased; that all individuals and groups who have hitherto been conducting hostile acts against these Governments have laid down their arms and are cooperating with these Governments in the establishment of peace and order, and that all such individuals have received adequate guarantees of personal safety and freedom, the Governments of the States of Vietnam, Laos and Cambodia agree to invite the United Nations to send Electoral Commissions to their territories and to grant to these Commissions all facilities, privileges, freedom of movement, and assistance which the Commissions may deem necessary to ensure:

a) Preparation of electoral laws acceptable to the Commission including guarantees, among others, of freedom of movement, freedom of presentation of candidates, immunity of candidates, freedom from arbitrary arrest or victimization, freedom of association and political meetings, freedom of expression for all, freedom of the press, radio, and television and free circulation of newspapers, periodicals, etc., secrecy of voting, and secrecy of polling stations and ballot boxes;

b) Holding of free elections;

c) Effective supervision by the Commissions of such elections to insure that the elections take place in genuine freedom and in strict conformity with the provisions of electoral laws.

6. France agrees that following the holding of free elections, or at such time as the United Nations Electoral Commissions may recommend as advisable to ensure complete freedom of the elections in the three States of Vietnam, Laos and Cambodia, it will undertake the withdrawal of French forces from Vietnam, Laos and Cambodia. Nothing in this agreement, however, shall be held to debar France from providing such military assistance and advice as any one of the three States may request.

7. All parties to the agreement agree to respect the political independence and territorial integrity of the three States of Vietnam, Laos and Cambodia, and undertake to give support and assistance to the three states, in accordance with the principles of the United Nations, and in accordance with their own constitutional processes, should there be any attack against the political independence or territorial integrity of any of these states.

1. Directed to Bowie who forwarded the memorandum to the Secretary, stating in a memorandum for the Secretary (Apr. 9, not printed, attached to source text) that he was attaching an outline prepared as a basis for discussion of a formula for a settlement “from our point of view.” A handwritten notation on Bowie’s memorandum indicates that the Secretary saw it.