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quired steps to request the necessary facilities from the
competent authorities of each of the States in whose
territory the Special Commission may wish to meet or
travel and to assign to the Special Commission sueli staffs
as may be required.

5. To authorize the Secretary-General to reimburse
travel and subsistence expenses of one representative and
one alternate from each Government represented on the
Special Commission on .such basis and in such form as
he may deem most appropriate in the circumstances.



XIV. United States of America:
Draft Resolution

D.N. doc. A/C.1/SC.17/L.19
Dated Oct. 19, 1949

Having regard for the interests of the people of Eritrea,
the special interests of Ethiopia in Eritrea, the close geo-
graphic, ethnic, historical and economic ties between Eri-
trea and Ethiopia, and the interests of International peace
and security in East Africa :

1. Eritrea shall become an autonomous state federated
with Ethiopia under the crown of the Emperor of Ethiopia.

2. A government of Eritrea shall be established in
accordance with a constitution to be drawn up by a United
Nations Commission consisting of three representatives of
the local inhabitants (a Moslem, a Christian Copt and
an Italian) and representatives of Brazil, Ethiopia, Iraq,
Italy and the United Kingdom. The constitution shall
provide :

(a) For the protection of the basic human rights
and fundamental freedoms of all of tlie people of the
territory ;

(b) That the Emperor of Ethiopia shall exercise



June 5, 1950



full aulliority over the foreign affairs and defence of
Eritrea ;

(c) Appropriate provisions for local self-govern-
ment, protection of minorities, common services and com-
mon currency ;

(d) For the establishment ol' an economic and cus-
toms union between Klliiopia and Eritrea svith tlie free
movement of pi'rs(ms and goods between tlic territories
as well as the economic and commercial development of
the Eritrean-Etliiopiau region.



XV. Australia: Proposal

U.N. doc. A/C.1/SC.17/L.20
Dated Oct. 21. 1049

That tlie General Assembly should appoint a Special
Committee to study the questions of the disposal of Eri-
trea and to report back with recommendations, paying
.special regard to the claims and interests of Ethiopia.



XVI. Brazil, India, Iraq, Liberia,

United States of America: Draft Resolution

(Incorporating Modifications and the General Plan)

U.N. doc. A/C.1/SC.17/L.22
Dated Oct. 24, 1949

Whereas by paragraph 3 of Annex XI to the Treaty of
Peace with Italy, 1947, the Powers concerned have agreed
to accept the recommendation of the General As.sembly on
the disposal of the former Italian Colonies in Africa and
to take appropriate measures for giving effect to it ; and

Whereas by paragraph 2 of the aforesaid Annex XI
such disposal is to he made in the light of the wishes and
welfare of the inhabitants and the interests of peace and
security, taking into consideration the views of interested
Governments ; and

Whereas in the light of the foregoing considerations it
is desirable that the disposal of Eritrea should be dealt
with as a whole ;

Now therefore

The General A.ssembly

In the light of the Report of the Four-Power Commis-
sion of Investigation and of the statements since made by
tlie spokesmen of representative parties and organizations
as well as in the interests of peace and security in East
Africa and

Taking into consideration the views, amongst others, of
the Government of Ethiopia regarding the special interests
of Ethiopia in Eritrea and the close geographic, ethnic,
historical and economic ties between the two territories

Recommends that:

1. The whole of Eritrea shall initially be a single
autonomous unit, within a P"'ederation of which the other
nieniljer sliall be Ethiopia, the Emperor of Ethiopia being
the Head of the Federation.

2. The jurisdiction of the Federation shall initially
extend to the following matters : Defence, Foreign Affairs,
Communications, Commerce and Currency.

3. At the end of five years from the inauguration of
the Federation there shall be a plebiscite in each province
of Eritrea to determine whether the people desire to con-

899



tinue the Federation, to secede therefrom or to unite
more closely with Ethiopia.

"The Constitution of the Federation shall be re-
vised In accordance with the results of the plebiscite."

4. The Constitution of the Federation shall contain
provisions guaranteeing basic human rights and funda-
mental freedoms for all as well as adequate safeguards
for the protection of minorities.

5. In view of the fact that the disposal of Eritrea
is a matter of international concern, there shall be a
United Nations Commissioner for Eritrea appointed by
the General Assembly with a Committee of Experts to
aid and advise him.

6. The Committee shall consist of members ;

comprising

(a) members, one nominated by the Gov-
ernment of each of the following countries :

(b) 3 members elected by the Legislature of
Ethiopia.

(c) 3 members chosen by the Commissioner, one
from each of the following communities of Eritrea : the
Moslems, the Christian Copts and the Italians.

7. The Commissioner shall before the end of April
1950 draw up the Constitution of the Federation In con-
sultation with his Committee, giving effect to the provisions
of paragraphs 1 to 4 above and supplementing them in
the light of the wishes of the inhabitants and other
relevant considerations.

"In drawing up the part of the Constitution re-
lating exclusively to Eritrea, the Commissioner shall be
guided by the advice of the members of the Committee
mentioned in paragraph 6 (c) ; and in drawing up the
rest of the Constitution, he shall be guided by the advice
of the Committee as a whole."

8. The Constitution shall come into effect as soon
as it shall have been assented to by the Commissioner on
behalf of the people of Eritrea and by the Emperor of
Ethiopia on behalf of the people of Ethiopia ; and every
effort shall be made to bring it into effect before the end
of June 1950.

Arrangements shall be made with the assistance of the
Commissioner, between the Government of the United
Kingdom (as the present Administering Authority) and
the Government of Ethiopia for the transfer of authority
over Eritrea to the Government of the Federation. The
transfer of authority shall take place as soon as the Con-
stitution comes into effect in accordance with the provi-
sions of paragraph 8.

9. The Commissioner shall reside within Eritrea for
a period of 6 years to supervise the working of the Con-
stitution in so far as it is the concern of the United
Nations.

10. The Commissioner shall report annually to the
Secretary-General of the United Nations concerning the
discharge of his functions.

GENERAL PLAN OF CONSTITUTION FOR
THE ETHIO-ERITREAN FEDErtATION

A. Federal Constitution

Part I— Nature and Extent of Federation

1. The Federation shall consist of Ethiopia and the
whole of Eritrea.



900



2. The Emperor of Ethiopia shall be the constitutional
Head of the Federation. fl

3. The jurisdiction of the Federation shall extend to ^
the following subjects : Defence, Foreign Affairs, Com-
munications, Commerce and Currency (Federal subjects).



Part II — Legislative Power



I



4. The legislative power of the Federation shall extend
to all Federal subjects and shall be exercised by a Par-
liament consisting of the Emperor of Ethiopia and two
Houses : the Senate and the House of Representatives.

5. The Senate shall consist of an equal number of mem-
bers from Ethiopia and from Eritrea. ,

6. The House of Representatives shall consist of mem- I
bers elected by the citizens of the Federation according
to electoral districts on the basis of one member for every
100,000 of the population.



Part III — Executive Power

7. The executive power of the Federation shall extend
to all Federal subjects and shall be exercised by the
Emperor of Ethiopia with the aid and advice of a Council
of Ministers.

Part IV — Judicial Power

8. The judicial power of the Federation and its com-
ponent States shall be exercised by a Supreme Court and
courts subordinate thereto. The judges of the Supreme
Court shall be appointed by the Emperor of Ethiopia and
shall hold office during good behaviour.

Part V— Relations Between the Federation and the States

9. At the end of five years from the establishment of the
Federation, a plebiscite shall be held under the super-
vision of the United Nations Commissioner in each Prov-
ince of Eritrea to determine whether the people of the
Province desire to remain within the Federation, to secede
therefrom, and to become independent or to unite more
closely with Ethiopia.

10. Upon the completion of the plebiscite, the General
Assembly of the United Nations may by resolution revise
this Constitution so as to give effect to the declared wishes
of the people. .

Part VI— Human Rights Sc.

11. All the authorities of the Federation as well as of
the component States shall in the discharge of their func-
tions respect basic human rights and fundamental free-
doms for all without distinction as to race, sex, language,
or religion.

12. Citizens of the Federation belonging to racial, re-
ligious or linguistic minorities shall enjoy the same legal
rights as other citizens. In particular, they shall have
an equal right to establish, manage and control at their
own expense charitable, religious and social institutions,
schools and other educational establishments, and to use
their own language and exercise their own religion freely
therein.

Department of State Bulletin



I



I



B. State ConstilutiOM

Part VII— Ethiopia

13. Subject to this Constitution, the constitution of Ethi-
opia shall continue as at the establishment of the Federa-
tion until altered in accordance with its own provisions.

Part VIII— Eritrea

14. There shall be a Chief Administrator for Eritrea
appointed hy the Emperor of Ethiopia. The Chief Ad-
ministrator shall not be removable within five years from
his appointment except for cause assigned which shall be
communicated to him and to both Houses of the Federal
Parliament.

15. The legislative power of Eritrea shall extend to all
matters not included in any Federal subject and shall be
exercised by a Legislature consisting of the Chief Admin-
istrator and one House, the Legislative Assembly of
Eritrea.

16. The executive power of Eritrea shall extend to the
same matters and shall be exercised by the Chief Admin-
istrator with the aid and advice of a Council of Ministers.

C. Amendment of the OonstitutUm

17. The Federal Constitution set out in Parts I to VI
may be amended by a decision of the Parliament of the
Federation adopted by not less than two-thirds of the
members present and voting in each House :

Provided that any amendment affecting the provisions
of Part VI shall in addition require the approval of the
General Assembly of the United Nations.

18. The Legislature of Eritrea may at any time amend
the Constitution of Eritea set out in Part VIII.

D. Transitional Provisions

19. This Constitution shall come into operation on 1
July 1950 :

Provided that:

(a) Until the Federal Parliament and the Legislature
of Eritrea are dully constituted and summoned, the Legis-
lature of Ethiopia existing at the commencement of the
Constitution shall exercise their functions as well as its
own;

(b) Until the appointment of a Chief Administrator
for Eritrea by the Emperor of Ethiopia under the Consti-
tution, his functions shall be exerci-sed by the Chief Ad-
ministrator of Eritrea in olEce at the commencement of
the Constitution.

XVII. Argentina: Draft Resolution

D.N. doc. A/C.1/SC.17/L.21
Dated Oct. 24, 1949

With respect to Eritrea
Recommends

1. That the people of Eritrea shall be consulted on
Its future fate.

2. That to carry out such a consultation, the dis-
posal of Eritrea being a matter of international concern,
there shaU be a United Nations Commissioner appointed

June 5, 1950



by the General Assembly and an Advisory Council to ad-
vise and help him in the fulfilment of his duties.

3. That the Advisory Council shall be composed of
nine members distributed as follows:

(a) one member for each of the following six coun-
tries: EKypt, Ethiopia, France, Italy, the United King-
dom and the United States of America ;

(b) three members appointed by the Commissioner,
representing the tliree communities of Moslems, Copts and
Italians.

4. That seven representatives of the Moslem com-
munity, seven representatives of the Copt community and
two representatives of the Italian community, appointed
by the United Nations Commissioner after consultations
with the leading personalities of the different communi-
ties and the Advisory Council, shall form the "Provisional
Assembly of Eritrea."

The representatives referred to in 3 (b) shall be en-
titled to be members of the Provisional Assembly.

The Commissioner shall be the president of the Assem-
bly ; he shall be entitled to speak but not to vote. In case
of a tie, the Assembly shall vote again and in the event
of a further tie, the Commissioner shall decide.

5. That the Provisional Assembly shall decide on be-
half of the people of Eritrea whether :

(a) Eritrea should be annexed, partially or totally,
to Ethiopia or

(b) Eritrea should be united with Ethiopia in a
Confederation, preserving its autonomy only for the pur-
pose of local government, or whether

(c) Eritrea should keep its unity and autonomy
and constitute an independent and sovereign State.

6. That, in the case of 5 (a), the United Nations Com-
missioner shall decree on behalf of the people of Eritrea
the partial or total annexation to Ethiopia, in accordance
with the Provisional Assembly's resolution and shall re-
port to the Government of Ethiopia, to the Administering
Power and to the Secretary-General of the United Nations.

Within thirty days of the decree of annexation, the Gov-
ernment of Ethiopia and the administering Power shall
agree on the necessary steps for the transfer of the
administration of the annexed territory.

In the case of a partial annexation, the Commissioner
after consultation with the Provisional Assembly :

(a) shall determine ad referendum, pending ap-
proval by the General Assembly of the United Nations,
the line of demarcation between the annexed and unan-
nexed territories.

(b) shall negotiate with the Ethiopian Government
an "Agreement on Guarantees" for the minorities, Italian
and others, residing within the annexed zone. This agree-
ment should include autonomous municipal government
for the principal cities.

7. That, in the case 5 (b), the United Nations Com-
missioner assisted by the Advisory Council shall help
the Provisional Assembly to draw up a local Constitution
for the establishment of a delegated government in
conformity with the local interests of Eritrea.

The i)owers delegated to the Government of the Con-
federation should be laid down in a Federal Constitution
which will be negotiated between the Commissioner, after
consultation with the Provisional Assembly, and the
Government of Ethiopia.

901



The Federal Constitution should come into operation
after approval Ijy the Emperor of Ethiopia and tlie United
Nations Commissioner. Within the thirty days thereafter
the administering Power should transfer the administra-
tion to the Government of the Ethiopia-Eritrea Confed-
eration.

The United Nations Commissioner and the Ethiopian
Government in drafting the Federal Constitution should
take into account the annexed document, proposed by the
delegations of Brazil, India, Iraq, Liberia and the United
States of America.

8. That, in the case of 5 (c), the Provisional A.ssembly
shall draw up a constitution for Eritrea establishing
the desired form of government. The United Nations
Commissioner and the Advisory Council should assist
the Assembly in the fulfilment of this task.

The administering Power should co-operate, adopting
all the necessary steps for the transfer of the adminis-
tration of the Territory to the Eritrean Government as
soon as it is established. This transfer would be effective
as soon as possible, within three months after the
promulgation of the Constitution.

The Constitution of Eritrea should include two special
clauses :

(a ) that Eritrea undertakes to negotiate a treaty of
peace, friendship and commerce with Ethiopia providing
for Ethiopia free access to the Red Sea through the port
of Massawa :

(b) that. If it is not found iMssible to sign this
treaty, Eritrea undertakes to cede to Ethiopia the nec-
essary territory in order that Ethiopia may have access
to the Red Sea through the port of Assab.

9. That the Secretary-General shall provide the per-
sonnel and elements necessary to enable the United
Nations Commissioner and Advisory Council to perform
their duties adequately.

10. On the conclusion of his mission, the United
Nations Commissioner, after consultation with the Ad-
visory Council, shall submit a detailed report to the
General Assembly of the United Nations.



XVIII. United States of America:
Amendments to Proposal of Guatemala
(A/C.1/SC.17/L.18), Eritrea

U.N. doe. A/C.1/SC.17/L.23
Dated Oct. 26, 1949

A. Strike out the first two paragraphs of the proposal
of Guatemala and insert the following :

Whereas by paragraph 3 of Annex XI to the Treaty
of Peace with Italy 1947, the Powers concerned have
agreed to accept the recommendation of the General As-
sembly on the disposal of the former Italian Colonies in
Africa and to take appropriate measures for giving effect
to It; and

Whereas by paragraph 2 of the aforesaid Annex XI
such disposal is to be made in the light of the wishes
and welfare of the inhabitants and the interests of peace
and security, taking Into consideration the views of in-
terested Governments, and

Whereas it is desirable to ascertain more fully the



wishes and the best means of promoting the welfare of
the inhabitants of Eritrea before recommending the final
disposal of that territory ;

The General Assembly

Resolves

1. To establish a Special Commission, consisting of

representative of , which

shall have the following responsibilities :

(a) To ascertain the wishes and the best means
of promoting the welfare of the inhabitants ;

(b) To study in the light of these the question
of the disposal of Eritrea ;

(c) To examine evidence presented by the Ad-
ministering Power and other countries directly concerned,
representatives of the inhabitants, including minorities,
and of any organizations or persons whose evidence it may
deem appropriate ; and

2. In carrying out the foregoing resi)onsibilities the
Commission shall take into account :

(a) Any differences of view among (1) the Mos-
lem population of the Western Province, (2) the Coptic
Christians of the Eastern Provinces, and (3) the Moslem
and Italian minorities of the Eastern Provinces ;

(b) The special intere.sts of Ethiopia in Eritrea,
including Ethiopia's legitimate need for an adequate out-
let to the sea ;

(c) The close geographic, ethnic, historical and
economic ties between Ethiopia and Eritrea ;

(d) The interests of peace and security in Bast
Africa.

3. In considering its proposals the Commission shall
take into account the various proposals for the disposal
of Eritrea submitted during the fourth session of the
General Assembly.

B. Amend paragraph 3 of the proposal of Guatemala
so that it shall read as follows :

4. The Special Commission's report shall be com-
municated to the Interim Committee of the General Assem-
bly not later than 15 April 1950 for study and report to
the fifth regular session of the General Assembly. The
headquarters of the Special Commission shall be at
Asmara in Eritrea and it shall assemlsle at that place
as soon as possible after 1 January 1950. The Special
Commission shall adopt its own rules of procedure.

C. Renumber paragraphs 4 and 5 of the proposal of
Guatemala as paragraphs 5 and 6.



XIX. Chile: Amendment to the Amendments
Submitted by the United States of America
to the Proposal of Guatemala (;A/C.1/SC.17/L.18)
CA/C.1/SC.17/L.23), Eritrea

U.N. doc. A/C.1/SC.17/L.24
Dated Oct. 26, 1949

Replace (a), (b) and (c) of paragraph 2 of the proposal
of the United States of America by the following :

(a) Differences of view between the various racial,
religious and political groups of the provinces of Eritrea,
as well as any legitimate right or claim of Ethiopia based
on geograi)hical, historical, ethnic and economic reasons.

(d) will become (b).



902



Department of State Bulletin



XX. Australia and Guatemala: Draft Resolution

D.N. doc. A/C.1/SC.17/L.25
Dated Oct. 27, 1049

VrnERE.\s it is desirable to ascertain more fully the
wishes iiml the best means of promoting the welfare of
the inliabitants of Kritrea before recommending the flnal
disiMsnl of that territory;

The General Assembly

Resolves

1. To establish a Special Commission, consisting of
representatives of not more than five Member States, as

follows, ,

to examine the question of the disposal of Eritrea and to
preiMire a report for the General Assembly together with
such proposal or proposals as it may deem appropriate for
the solution of the problem of Eritrea ;

2. In carrying out its responsibilities the Special Com-
mission shall ascertain all the relevant facts including
written or oral information from the present Administer-
ing Authority, from representatives of the population of
the territory, including minorities, from Governments and
from such organizations and individuals as it may deem
necessary. In particular the Commission shall take Into
account :

(a) The wishes and welfare of the inhabitants of
Eritrea, including differences of view between the various
racial, religious and political groups of the provinces of
the territory and the capacity of the people for self-
government ;

(b) The interests of peace and security in East
Africa ;

(c) The rights and claims of Ethiopia based on
geofrraphical, historical, ethnic or economic reasons, in-
cluding Ethiopia's legitimate need for adequate access to
the sea ;

3. In considering its proposals the Commission shall
take into account the various suggestions for the disposal
of Eritrea submitted during the fourth session of the
General Assembly ;

4. The Special Commission shall assemble at the
headquarters ol the United Nations as soon as possible
after 1 January 1950. It may travel to such other places,
including Eritrea, as in its judgment may be necessary in
carrying out its responsibilities. The Special Commission
shall adopt its own rules of procedure. Its report and
proposal or proposals shall be communicated to the Sec-
retary-General not later than 15 May 1950 for distribu-
tion to Member States so as to enable final consideration
during the fifth regular session of the General Assembly ;

5. To invite the Secretary-General to take the neces-
sary steps to request the necessary facilities from the com-
petent authorities of each of the States in whose terri-
tory the Special Commission may wish to meet or travel
and to assign to the Special Commission such staffs as may
be required ;

6. To authorize the Secretary-General to reimburse
travel and subsistence expenses of one representative and
one alternate from each Government represented on the
Special Commission on such basis and in such form as he
may deem most appropriate in the circumstances.

June 5, 1950



XXI. United States of America: Amendment to
Australian and Guatemalan Revised Proposal
(A/C.1/SC.17/L.25)

U.N. doc. A/C.t/SC.17/L.26
Dnti-d Oct. 27. 19-49

Add the following to paragraph 4:

The Interim Committee of the General Assembly shall
consider the report an



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 77 of 116)