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–4/10

[Washington,] April 16, 1954.

Korean Phase

draft proposal for reunification of korea

(Alternative B)

The attached proposal for the reunification of Korea (Alternative B) provides for elections in North and South Korea for the establishment of a Korean National Government within the ROK constitutional structure.

This proposal represents a middle position between Alternative A—administrative incorporation of North Korea into the existing Republic of Korea, (GK D–4/7)¹ and Alternative C which provides for all-Korean elections for constituent assembly, and a new national Government (GK D–4b).²

The basic U.S. position on the over-all question of Korean reunification, together with a brief summary of the three Alternative plans, is contained in GK D–4/ld.³

Christopher Van Hollen

[Attachment]

Position Paper Prepared for the Korean Phase of the Geneva Conference

GK D–4/10

draft proposal for reunification of korea

(Alternative B)

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 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).

2. 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 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 have been held in the Republic of Korea in accordance with its constitution and 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 and within the framework of the constitutional structure of the State of the Republic of Korea.

Method of Reunification of Korea

1. Responsibilities of UNCURK as the Supervisory Commission.

2. Establishment of conditions for free elections.

3. Free elections for a President and for representatives to National Assembly of Republic of Korea.

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

5. Phased withdrawal of Foreign Forces.

6. Residual functions of UNCURK after reunification.

7. Supersession of Armistice Agreement.

8. Rehabilitation of all Korea.

1. Responsibilities of UNCURK as the Supervisory Commission.

The present United Nations Commission for the Unification and Rehabilitation of Korea (UNCURK), established by the resolution of the United Nations General Assembly of October 7, 1950 is empowered 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 intercourses 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.

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 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 those areas concerned.

(d) Determination, in consultation with the Republic of Korea and the civil authorities of the areas 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 those 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 in the vicinity of Panmunjom in the demilitarized zone. The UNCURK 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. 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 within north and south Korea but not between the two areas across the demilitarized zone.
• Freedom of presentation of candidates.
• Immunity of candidates from arrest or coercion.
• Freedom of expression.
• Secrecy of the vote.
• Security of polling stations and ballot boxes.

3. Free Elections for President and for Representatives to National Assembly of Republic of Korea.

The UNCURK shall advise the authorities in the ROK and in North Korea regarding the establishment of conditions for free elections and assure conformity of electoral laws and procedures to the requirements of the above paragraph 2. In particular, election procedures approved by UNCURK shall ensure that candidates for President and a National Assembly of Korea, who reflect 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 12 months after concluding this agreement, elections for representatives to the National Assembly shall be held on the basis of adult suffrage and by secret ballot in Korea. The number of representatives to be elected to the National Assembly 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 ROK National Assembly. In the event the 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.

4. Action by National Assembly of Korea to Establish Constitution and Basic Laws 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 of Korea shall seat the newly elected representatives. After these newly elected representatives have been seated the National Assembly shall take prompt and appropriate action to accept or amend the Constitution of the Republic of Korea enacted on July 12, 1948. The President shall recommend to the National Assembly, for its consideration and action by two-thirds majority of those present and voting, uniform basic laws for all Korea. When these actions have been taken and effectively implemented, a National Government of Korea shall be considered to have been established.

5. Phased Withdrawal of Foreign Forces.

The withdrawal of Chinese Communist forces and United Nations forces from Korea shall begin before elections in Korea, shall proceed in accordance with a prearranged schedule and shall be completed within 12 months after the date of the formation of the National Government of Korea as certified by the UNCURK. The detailed schedules for mutually phased withdrawals of both Chinese Communist and United Nations forces from Korea are contained in Annex A to this agreement.⁴ The UNCURK shall observe the withdrawal of all foreign forces from Korea and report to the Secretary General of the United Nations in accordance with Paragraph 2(c) of the Resolution of the General Assembly of the United Nations of October 7, 1950.

It is agreed that the United States in its capacity as the Unified Command and the Chinese People’s Republic shall instruct their respective military Commanders in Korea:

a) to certify to the UNCURK within 7 days after the formation of the National Government of Korea the strength of their respective forces as of that date;

b) to accomplish a phased withdrawal of their forces from Korea through the ports of entry prescribed in the Armistice Agreement and in accordance with Annex A to this agreement;

c) to report to the UNCURK, within 7 days after the end of each phase of the agreed schedule in Annex A, that their forces have been reduced to the agreed level;

d) to certify to the UNCURK upon completion of the withdrawal of their respective forces from Korea that none of their forces remain in Korea.

6. Residual Functions of UNCURK.

Following the establishment of a reunified Korean Government with effective control over all of Korea as outlined above, and the verified withdrawal of all foreign forces from Korea in accordance with paragraph 2(c) of the General Assembly Resolution of Oct. 7, 1950, UNCURK shall certify the fact in a report to the Secretary General of the United Nations. Thereafter, UNCURK shall confine its activities to such responsibilities in connection with observation of the independence and security of Korea as may be determined by the General Assembly of the United Nations. Its headquarters shall be moved to Seoul.

7. Supersession of Armistice Agreement.

Certification by UNCURK that a reunified Korean Government with effective control over all of Korea has been duly established and that all foreign forces have been withdrawn from Korea in accordance with agreement thereon 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.”

8. Rehabilitation of all Korea.

Upon such certification the United Nations Reconstruction Agency for Korea, established by the Resolution of the General Assembly of Dec. 1, 1950 shall develop and carry out a program of relief and rehabilitation of all Korea. Such a program shall be worked out in close consultation with the National Government of Korea.

1. Dated Apr. 9, p. 82.
2. Dated Mar. 27, p. 62.
3. Document GK D–4/ld is not printed. For a subsequent revised version of it. Document GK D–4/le, Apr. 24, see p. 181.
4. The Annex referred to has not been found attached to the source text, nor to any other copy of this Position Paper in the Department of State files.