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

FE flies, lot 60 D 330, “Position Papers”

Memorandum by Christopher Van Hollen of the Executive Secretariat, Department of State

confidential
GK D–4/7

[Washington,] April 9, 1954.

Korean Phase

draft initial proposal for reunification of korea

(Alternative A)

The attached paper, drafted by Mr. Drew, NA, contains the initial proposal on Korean Reunification (Alternative A) which the U.S. plans to support at Geneva. This proposal has been drafted to take account of the Secretary’s desire that the initial U.S. position should support resumption of the UN Reunification program set forth in the GA Resolution of October 12 [7], 1950 as well as in previous UN Resolutions.

The draft proposal of the minimum U.S. position (Alternative B) is contained in GK D–4b¹ and the basic U.S. position on the over-all question of Korean Reunification is to be found in GK D–4/1c.²

Christopher Van Hollen

[Attachment]

Position Paper Prepared For the Korean Phase of the Geneva Conference

GK D–4/7

draft proposal for reunification of korea

(Alternative A)

Preamble

The Korean people, who for 4,000 years have had a common civilization with a common language, culture, and traditions, desire to be reunited under a single government of their own choosing and to resume their traditional peaceful life. Virtually the entire world has long recognized that this is a proper and commendable aspiration, and the United Nations has repeatedly supported measures designed to realize this objective. The United Nations General Assembly adopted resolutions in 1947, 1948, 1949, 1950, 1951, 1952, and 1953 which supported a free, independent, and unified Korean Government, representative of the wishes of the Korean people. The principles enunciated in these resolutions are just and equitable and constitute a broad framework upon which any political settlement for Korea should be based. The fundamental principles are as follows:

1. The Central People’s Government of the [People’s] Republic of China, having engaged in aggression in Korea, should cause its forces and nationals to withdraw from Korea. (UNGA Res. Feb. 1, 1951).

2. The Korean question “is primarily a matter for the Korean people itself” and it “cannot be fairly resolved without the participation of representatives of the indigenous population.” (UNGA Res. Nov. 14, 1947).

3. The selection of representatives of the Korean people should be on the basis of adult suffrage and by secret ballot; the number of representatives from each voting area or zone should be proportionate to the population; and the elections should be under the supervision of a United Nations commission of representatives of various non-Korean nations. (UNGA Res. Nov. 14, 1947).

4. The Government of the Republic of Korea was duly established in conformity with the above principles and is the only such lawful Government in Korea. (UNGA Res. Dec. 12, 1948). Subsequent elections in the Republic of Korea have been observed and endorsed by United Nations Commissions as reflecting the will of the electorate.

We therefore advance the following proposal for the reunification of Korea in accordance with the above principles enunciated by the United Nations.

Method of Reunification of Korea

1. Responsibilities of UNCURK as the Supervisory Commission.

2. Withdrawal of United Nations forces and forces and nationals of the Central People’s Government of the [People’s] Republic of China from Korea.

3. Establishment of conditions for free elections.

4. Free elections for representatives to National Assembly of Republic of Korea from areas of Korea not already represented in National Assembly.

5. Action by expanded National Assembly to establish national administration for all Korea.

6. International security for a reunified Korea.

7. Residual functions of UNCURK after reunification.

8. Supersession of Armistice Agreement.

1. Responsibilities of UNCURK as the Supervisory Commission.

The present United Nations Commission for the Unification and Rehabilitation of Korea (UNCURK) was established by a resolution of the United Nations General Assembly on October 7, 1950, to (i) assume the functions hitherto exercised by the United Nations Commission in [on] Korea (UNCOK); (ii) represent the United Nations in bringing about the establishment of a unified, independent and democratic government of all Korea; (iii) exercise such responsibilities in connection with relief and rehabilitation in Korea as may be determined by the General Assembly after receiving the recommendations of the Economic and Social Council. The functions hitherto exercised by the UNCOK under United Nations General Assembly resolutions of December 12, 1948, included the responsibility to (a) lend its good offices to bring about the unification of Korea and the integration of all Korean security forces in accordance with the principles laid down by the General Assembly in the resolution of 14 November 1947; (b) seek to facilitate the removal of barriers to economic, social, and other friendly intercourse caused by the division of Korea; (c) be available for observation and consultation in the further development of representative government based on the freely expressed will of the people; and (d) observe the actual withdrawal of the occupation forces and verify the fact of withdrawal when such has occurred. The principles for bringing about the unification of Korea embodied in the United Nations General Assembly resolution of November 14, 1947, include elections under the observation of the Commission on the basis of adult suffrage and by secret ballot to choose representatives, which representatives would constitute a National Assembly and which may establish a National Government of Korea, the number of such representatives from each voting area or zone to be proportionate to the population.

These terms of reference for UNCURK shall be specifically revised and expanded with the consent of the United Nations General Assembly to give UNCURK responsibility for observing and verifying the withdrawal of foreign forces from Korea as set forth herein and for supervising the plan for the reunification of Korea as set forth herein. The specific terms of reference of UNCURK shall include the following:

(a) Observation and certification of withdrawal of United Nations forces and forces and nationals of the Central People’s Government of the [People’s] Republic of China.

(b) Investigation throughout areas of Korea not already duly represented in the National Assembly of the Republic of Korea of conditions affecting the holding of free elections, freedom of movement, freedom from arbitrary arrest and detention, freedom of association and assembly, freedom of speech, press, and broadcasting, and freedom of political parties to organize and carry out their activities.

(c) Preparation of electoral laws for these areas in consultation with the Republic of Korea and the civil authorities of these areas concerned.

(d) Determination, in consultation with the Republic of Korea and the civil authorities of the area concerned, of the number of delegates to be elected and the number of election districts, which shall be in direct proportion to the population distribution in Korea.

(e) Supervision over the implementation of the electoral laws and registration of qualified voters, and observation of the elections at all administrative levels.

(f) Certification of results of elections.

(g) Observation of steps leading to the establishment of a reunified government. During the period between the end of the elections and the effective assumption of control over all of Korea by the reunified Korean Government, UNCURK will remain in operation in order to prevent action after the elections which would impair the conditions of genuine freedom under which they will have been held. The details of these terms of reference shall be worked out by the signatories within this framework and shall come into effect simultaneously with this agreement. UNCURK shall have the power to adopt measures not specifically described and which are necessary to carry out their task herein, provided that they do not otherwise conflict with this proposal.

The UNCURK shall have its primary headquarters at Pyongyang and shall report and make recommendations at its discretion to the parties to this agreement. The parties to this agreement shall facilitate the work of UNCURK and comply with recommendations made by UNCURK within its revised terms of reference as set forth above.

2. Withdrawal of United Nations Forces and Forces and Nationals of the Central People’s Government of the [People’s] Republic of China.

The withdrawal of all forces and nationals of the Central People’s Government of the Chinese People’s Republic shall be carried out in pursuance of the February 1, 1951, resolution of the United Nations General Assembly, which calls for such action. This withdrawal shall take place as expeditiously as possible, and shall be completed at the latest within twelve months after the acceptance of this proposal.

The withdrawal of UN forces shall be carried out in pursuance of the October 7, 1950, resolution of the United Nations General Assembly which provides that United Nations forces should not remain in any part of Korea otherwise than so far as necessary for ensuring conditions of stability in Korea and for the establishment of a reunified government. This withdrawal should be completed within twelve months from the date that UNCURK notes that an effective reunified government of Korea has been established.

UNCURK shall observe and verify the withdrawal of UN forces and forces and nationals of the Central People’s Government of the [People’s] Republic of China, and when appropriate it may submit reports to the General Assembly of the United Nations that all forces and nationals of the Central People’s Government of the [People’s] Republic of China have been withdrawn from Korea and that all United Nations forces have been withdrawn from Korea.

3. Establishment of Conditions for Free Elections.

Preparatory to the holding of free elections in areas of Korea not already duly represented in the National Assembly, UNCURK shall, pursuant to its terms of reference, observe political conditions throughout the areas concerned and shall, where it deems appropriate, propose to the parties concerned the measures necessary to insure that elections are held in a free atmosphere wherein the democratic right of freedom of speech, press and assembly would be recognized and respected. In particular these measures shall include the following:

• Freedom of movement throughout the area.
• 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 press, radio, and free circulation of newspapers, periodicals, etc.
• Secrecy of the vote.
• Security of polling stations and ballot boxes.

4. Free Elections for Representatives to National Assembly of Republic of Korea from Areas of Korea not already Represented in the National Assembly.

In consultation with the authorities in the ROK and in the local areas concerned, UNCURK shall draft electoral laws and procedures for areas of Korea not already duly represented in the National Assembly. The civil authorities for all the areas concerned shall promulgate these laws and procedures simultaneously. In particular, election procedures approved by UNCURK shall ensure that candidates reflecting varying viewpoints will be permitted to campaign freely; that the electorate will be able to express its choice of candidates freely and without duress or intimidation; and that the election procedures shall be uniform among all the areas concerned.

Not later than 18 months after concluding this agreement or not later than six months after the withdrawal from Korea of forces and nationals of the Central People’s Government of the [People’s] Republic of China in the event that this is accomplished in less than twelve months, elections for representatives to the National Assembly shall be held on the basis of adult suffrage and by secret ballot in areas of Korea not already duly represented in the National Assembly.^* The number of representatives to be elected to the National Assembly from such areas shall be determined according to the size of the population of each election district. It is estimated that not more than six million persons reside in areas not already duly represented in the National Assembly. In the event that UNCURK shall fail to certify the election of a representative he shall not be seated in the National Assembly, and new local by-elections shall be held as soon as possible under UNCURK supervision. The vote of a majority of the members of UNCURK shall be required to rule that the election of any candidate is not valid.

5. Action by Expanded National Assembly to Establish National Administration for all of Korea.

Within thirty days after UNCURK has certified the free election of two-thirds of the number of representatives designated to be elected under its supervision, the National Assembly shall seat the newly elected representatives. After these newly elected representatives have been seated the National Assembly shall take prompt and appropriate action to provide uniform national laws for all of Korea and to render null and void all preceding sectional laws not specifically reaffirmed by the expanded National Assembly. When this action has been taken and effectively implemented a reunified Korean Government shall be considered to have been established.

6. International Security for a Reunified Korea.

The reunified Government shall declare its adherence to the purposes and principles of the Charter of the United Nations and at such time the parties to this agreement shall pledge their respect for the sovereignty and the independence of the reunified Korea. The reunited Korea shall have the right to conclude such international agreements as it may wish.

7. Residual Functions of UNCURK.

Following the establishment of a reunified Korean Government with effective control over all of Korea as outlined above, UNCURK shall note the fact and shall henceforth confine its activities to such responsibilities in connection with relief and rehabilitation as may be determined by the General Assembly of the United Nations.

8. Supersession of Armistice Agreement.

Notation by UNCURK that a reunified Korean Government with effective control over all of Korea has been duly established shall constitute for purposes of supersession of the Armistice Agreement, under Article 62 of that Agreement, “appropriate agreement for a peaceful settlement at a political level between both sides.”

1. Dated Mar. 27, p. 62. Following the drafting of Document GK D–4/10, Apr. 16, p. 106, which presented a new Alternative B, the proposal in GK D–4/b came to be known as Alternative C.
2. Document GK D–4/1c is not printed. A subsequent revised version of it, Document GK D–4/1e, Apr. 24, is printed on p. 131.
3. This would include areas north of the 38th parallel under UNO control. [Footnote in the source text.]