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Department of State bulletin (Volume v. 22, Apr- Jun 1950) online

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the organization of their government, the General
Assembly should avoid too many details. He
stated that his delegation would circulate a pro-
posal for a high commissioner representing the
United Nations and selected by the General Assem-
bly from a panel of eminent persons known for
their impartiality.^" The high commissioner
would be advised by a committee, including repre-
sentatives of several countries and of the popula-
tions of the three parts of Libya. Before adjourn-
ing the morning meeting, the Subcommittee de-
cided, by a vote of 18 to 0, with 3 abstentions,''' that
any resolution should include a recommendation
to the effect that the administering powers should
administer the territories for the purj^ose of assist-
ing in the establishment of the unity and independ-
ence of Libya; coordinate their activities to that
end; and make annual reports to the General
Assembly on the implementation of the resolution.

Role of Administering Authorities

Continuing the discussion, in the afternoon, of
the organization of the interim period the Sub-
committee first adopted,*"* by a vote of 1.5 to 1, with
4 abstentions, 1 member being absent, the United
States-Pakistan proposal that "the administering
authorities shall cooperate in the formation of
governmental institutions." Asked by Mr. Jamali
(Iraq) whether this proposal included cooperation
in both the convocation of a constituent assembly
and the preparation of a constitution, Mr. Ross
(U.S.) explained that the United States text en-
visaged the formulation of a constitution. He
questioned, however, the advisability of mak-
ing specific reference to a constituent assembly,
as in the Indian text. Colonel Rahim (Pakistan)
said that the words "governmental institutions"
in his draft were intended to refer to local organs
of self-government. At Mr. Jamali's complaint
that the clause adopted was meaningless since
governmental institutions already existed, the
Chairman replied that it could be spelled out by
a drafting committee in the light of the interpre-
tations placed upon it.



As debate shifted to the portion of the United
States-Pakistan paragraph directing the admin-
istering authorities to arrange for consultations
of the indigenous inhabitants on the form of their
government, Mr. Muniz (Brazil) held that the
administering authorities should not "interfere"
in this task. Warning against laying the admin-
istering authorities open to criticism, he also
feared prejudicing the role of the United Nations.
Mr. Ross suggested as a compromise a revision of
the United States text to read : ". . . together in
constituent assembly to draw up a constitution
and to determine . . ." This was held still unsatis-
factory by Mr. Santa Cruz (Chile), and Mr. Ross
accepted a suggestion by Mr. Bauer (Guatemala)
for having the administering authorities "coop-
erate in making arrangements" for the consulta-
tions. Indicating agreement with Mr. Miniiz, Mr.
McNeil (U.K.) advised against attempting to give
jjrecise directives to the administering authorities,
to the United Nations organ, or to the indigenous
inhabitants.

Sir B. N. Rau (India) then proposed a new
formulation which was accepted by Mr. Ross
(U.S.) : "The form of government shall be de-
termined by representatives of the inhabitants
of Tripolitania, Cyrenaica and the Fezzan meeting
and consulting together in a constituent assembly."
Mr. Arutiunian (U.S.S.R.) objected to the vague-
ness of "form of government" and argued for its
elimination since it might throw doubt on the
unity of Libya. Sir B. N. Rau said that "form of
government" meant "constitution," and that he
had no objection to "constitution and form of
government." He also explained that a constitu-
ent assembly did not necessarily have to be chosen
by election. Mr. Arce's (Argentina) proposal to
substitute "national" assembly for "constituent"
was strongly supported by Mr. Jamali. Sir B. N.
Rau did not comment on the proposal but the
Chairman used the word "national" in reading
the Indian text immediately before the vote. Mr.
Bauer suggested inclusion of a reference to the
participation of representatives of minorities, and
Mr. Ross expressed the view that such was implicit.
The Subcommittee concluded this part of the dis-
cussion by adopting unanimously the following
formulation : "The constitution including the form
of government shall be determined by the repre-
sentatives of the inhabitants of Cyrenaica, Tripo-
litania, and the Fezzan meeting and consultmg
together in a national assembly."

United Nations Commissioner and Council

Mr. Muniz (Brazil) held that a high commis-
sioner Mould symbolize the authority of the United
Nations and provide for freedom of action and
speed of decision. Mr. McNeil (U.K.) found the
idea of a high commissioner very attractive but he
questioned the advisability of a Council, noting
that its composition would jiresent a problem. A
group acceptable in Tripolitania might not be



842



Department of State Bulletin



acceptable in Cj'rcnaica. He preferred }jivin
approved witbout a vote a ])roposal to infhirinci])]e (hat (lie rep-
resentatives of the ](eople and of (be minorities
be a])])oiiited liy tlic commissioner aftei' constil-
tatioM witli the adniiiiistcriiig powers and tlie
member states of t he council as well as (lie leading
political personalities in the territories concerned.

844



Selection of Indigenous Representatives

Mr. Hood (Australia) raised the question of
the method whereby the four indigenous repre-
sentatives would be selected for membership on
the council. Mr. Yu (China) suggested selection
by the connnissioner and council, but Mr. McNeil
(LLK. ) noted that technically the council did not
exist before tlie indigenous members were selected.
Mr. Jamali (Iraq) thought that the administering
authorities should invite local political leaders to
a meeting at which a panel of candidates would
be named. From this panel, the commissioner
anil the authority would select the necessary
members.

Although agreeing tliat the people should have
the initiative on nominations, Mr. Arce (Argen-
tina) favored leaving the drafting as it stood,
and he indicated that the commissioner could con-
tact the various groui)s and learn their represent-
atives. Mr. Couve de ilurville (France) said that
his Government would be loath to accept the re-
sponsibility of selecting representatives, he felt
that (he commissioner and council should name the
indigenous members after consulting the leading
jiolitical |)ersonalities of each region. The Chair-
man interpreted the sense of the Subcommittee
(hat the draft remain unchanged with the under-
standing that the indigenous representatives
would be appointed after consultations among the
commissioner, the country representatives on the
council (acting in their personal capacities), and
leading local personalities.

Finictions of the Commissioner

The Subconinii((ee next had before it the Indian
proposal to tlie etfect that, in the discharge of his
functions, the commissioner should consult and be
guided by the advice of the members of his council,
provided that he might select different members
to advise him in respect to different regions on
different subjects. Feeling that the proviso mi^ht
cause dissension within the council, Mr. Yu
(China), supported by Mr. Coojier (Liberia),
sought unsuccessfully to del(>te it by a vote of 3 in
favor, 10 against, with 8 abs(eii(ions.''' The eniire
proposal was carried by a vote of 11 in favor, 4
against, wi(li (i abstendons.^"

.Mr. .Vrutiunian (U.S.S.R.), upon the conclu-
sion of the foregoing vote, insisletl upon a vote
on (he whoU- of (he Indian pi'oposal (A/'C.l/
SCI 7 L.I ) as amended, namely:

1. l'"or the pui'pose of assisting the people of
Liliya in (he foriiiuhu ion of a coiis( i(u( ion and the
establislimeiU of an independent goveiniiien(, (he
(ieneral .Assembly shall appoint a commissioner
and a coinicil (o aid and advise (he commissioner.

2. The council shall consist of:

a) one representative ot" each of the following
count iie



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 65 of 116)