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gium, Brazil, Burma, Canada, Chile, China, Colombia,
Costa Rica, Cuba, Denmark, Dominican Republic, Ecu.idor,
Egypt, El Salvador, Ethiopia, France, Greece, Guatemala,
Haiti, Honduras, Iceland, India, Iran, Iraq, Israel, Leb-
anon, Liberia. Luxembourg, Mexico, Netherlands, Nic-
aragua, Norway, Paki.stan, Panama, Paraguay, Peru,
Philippines, Saudi Arabia, Syria, Thailand, Turkey, Union
of South Africa, United Kingdom, United States of
America, Uruguay, Venezuela, Yemen.

Against: None.

Abstentions: Byelorussian Soviet Socialist Repub-
lic, Czechoslovakia, New Zealand, Poland, Sweden, Ukrain-
ian Soviet Socialist Republic, Union of Soviet Socialist
Republics, Yugoslavia.

The preamble and section A were adopted by 50 votes
to 0, with 8 abstentions.



June 5, 1950



911



(ii) Section B, as amended, was voted upon by
roll-call, as follows :

In favour: Afghanistan, Argentina, Australia, Bel-
gium, Brazil, Burma, Canada, Cliile, China, Colombia,
Costa Rica, Cuba, Denmark, Dominican Republic, Ecu-
ador, Egypt, El Salvador, France, Greece, Guatemala,
Haiti, Honduras, Iceland, India, Iran, Iraq, Israel, Leb-
anon, Luxembourg, Mexico, Netherlands, Nicaragua, Nor-
way, Panama, Paraguay, Peru, Philippines, Saudi Arabia,
Syria, Thailand, Turkey, Union of South Africa, United
Kingdom, United States of America, Uruguay, Venezuela,
Yemen.

AgainM: Byelorussian Soviet Socialist Republic,
Czechoslovakia, Ethiopia, Poland, Ukrainian Soviet
Socialist Republic, Union of Soviet Socialist Republics,
Yugoslavia.

Abstentions: Liberia, New Zealand, Pakistan,
Sweden.

Section B was adopted by 47 votes to 7, with 4 absten-
tions.

(iii) Section C, as amended, was voted upon by roll-
call, as follows :

In favour: Afghanistan, Argentina, Australia, Bel-
gium, Brazil, Burma, Canada, Chile, China, Colombia,
Costa Rica, Cuba, Denmark, Dominican Republic, Ecuador,
Egypt, El Salvador, France, Guatemala, Haiti, Honduras,
Iceland. Indian, Iran, Iraq, Israel, Lebanon, Luxembourg,
Mexico, Netherlands, New Zealand, Nicaragua, Norway,
Pakistan, Panama, Paraguay, Peru, Saudi Arabia, Syria,
Thailand, Turkey, Union of South Africa, United King-
dom, United States of America, Uruguay, Venezuela,
Yemen.

Against: Byelorussian Soviet Socialist Republic,
Czechoslvakia, Poland, Ukrainian Soviet Socialist Re-
public, Union of Soviet Socialist Republics.

Abstentions: Ethiopia, Greece, Liberia, Philippines,
Sweden, Yugoslavia.

Section C was adopted by 47 votes to 5, with 6 ab-
stentions.

(iv) Section D was adopted by 47 votes to 4, with 4
abstentions.

(v) The resolution, as amended, was voted upon as
a whole by roll-call, as follows :

In favour: Afghanistan, Argentina, Australia, Bel-
gium, Brazil, Burma, Canada, Chile, China, Colombia,
Costa Rica, Cuba, Denmark, Dominican Republic, Ecuador,
Egypt, El Salvador, France, Greece, Guatemala, Haiti,
Honduras, Iceland, India, Iran, Iraq, Israel, Lebanon,
Liberia, Luxembourg, Mexico, Netherlands, Nicaragua,
Norway, Pakistan, Panama, Paraguay, Peru, Philippines,
Saudi Arabia, Syria, Thailand, Turkey, Union of South
Africa, United Kingdom, United States of America, Uru-
guay, Venezuela, Yemen.
Against: Ethiopia.

Abstentions: Byelorussian Soviet Socialist Republic,
Czechoslovakia, New Zealand, Poland, Sweden, Ukrainian
Soviet Socialist Republic, Union of Soviet Socialist Re-
publics, Yugoslavia.

The resolution was adopted by 49 votes to one, with 8
abstentions.
61. The second draft resolution recommended by Sub-



912



Committee 17 (A/C.1/522) was adopted by 46 votes to 4,
with 4 abstentions.

62. Lastly, the Committee considered the joint draft
resolution (A/C.l/536/Rev. 1) submitted by Argentina
and Turkey on the question of the boundaries of the for-
mer Italian colonies. The representative of France intro-
duced an amendment to this joint draft resolution pro-
posing the deletion of the reference to the Treaty of Peace
with Italy and calling upon the Interim Committee of the
General Assembly to study the procedure to be adopted
to delimit the said boundaries.

63. The Argentine-Turkish draft resolution, as amended
by the representative of France, was adopted by 23 votes
to 10, with 23 abstentions, and is now the third resolution
recommended to the General Assembly by the First
Committee.

64. The representative of the Union of Soviet Socialist
Republics wished expressly to record that his delegation
reserved the right to submit to the plenary meeting of
the General Assembly the draft resolution it had intro-
duced in the First Committee, and that the final position
of the USSR delegation in respect of the disposal of the
former Italian colonies would be determined in the plenary
meeting.

65. The representative of Poland reserved the right of
the Polish delegation to introduce in the plenary meeting
of the General Assembly the amendments it had sub-
mitted in the First Committee to the first draft resolution
recommended by Sub-Committee 17.

66. The First Committee recommends the adoption by
the General Assembly of the following three resolutions:



QUESTION OF THE DISPOSAL

OF THE FORMER ITALIAN COLONIES

A.

The General Assembly,

In accordance with Annex XI, paragraph 3, of the
Treaty of Peace with Italy, 1947, whereby the Powers con-
cerned have agreed to accept the recommendation of the
General Assembly on the disposal of the former Italian
Colonies and to take appropriate measures for giving effect
to it.

HAVING TAKEN NOTE of the report of tlie Four Power
Commission of Investigation, having heard spokesmen of
organizations representing substantial sections of opinion
in the territories concerned, and having taken into con-
sideration the wishes and welfare of the inhabitants of
the territories, the interests of peace and security, the
views of the interested Governments and the relevant pro-
visions of the Charter,

A. With respect to Litya, recommends :

1. That Libya, comprising Cyrenaica, Tripolitania
and the Fezzan, shall be constituted an independent and
sovereign State;

2. This independence shall become effective as soon
as possible and in any case not later than 1 January 1952;

3. That a constitution for Libya, including the form
of the government, be determined by representatives of
the inhabitants of Cyrenaica, Tripolitania and the Fezzan
meeting and consulting together in a National Assembly;

4. That, for the purpose of assisting the people of



Deparfmenf of Sfafe BuWetin



Libya in the formulation of the constitution and the es-
talUishmeiit of an indeiieiident government, there shall be
a United Nations Commissioner in Libya appointed by the
General Assembly and a Council to aid and advise him;

5. The United Nations Commissioner, In consulta-
tion with the Council, shall submit to the Secretary -Gen-
eral an annual report and such other special reports as
he may consider necessary. To these reports shall be
added any memorandum or document that the United
Nations Commissioner or a member of the Council may
wish to bring to the attention of the United Nations;

6. That the Council shall consist of ten members,
namely :

(a) One representative nominated by the Gov-
ernment of each of the following countries : Egypt, France,
Italy, Pakistan, the United Kingdom and the United
States of America ;

(b) One representative of the people of each of
the three regions of Libya and one representative of the
minorities in Libya ;

7. That the United Nations Commissioner shall ap-
point the representatives mentioned in 6 (b), after con-
sultation with the administering Powers, the representa-
tives of the Governments mentioned in paragraph 6 (a),
leading personalities and representatives of political par-
ties and organizations in the territories concerned ;

8. That, in the discharfrc "f ids functions, tlie United
Nations Commissioner shall consult and be guided by the
advice of the members of his Council, it being understood
that he may call upon different members to advise him
in respect of different regions or different subjects ;

9. That the United Nations Commissioner may of-
fer suggestions to the General Assembly, to the Economic
and Social Council and to the Secretary-General as to the
measures that the United Nations might adopt during the
transitional period regarding the economic and social
problems of Libya ;

10. That the administering Powers in co-operation
with the Commissioner:

(a) Initiate immediately all necessary steps for
the transfer of power to a duly constituted independent
Government ;

(b) Administer the territories for the purpose of
assisting in the establishment of Libyan unity and inde-
pendence, co-operate in the formation of governmental in-
stitutions and co-ordinate their activities to this end ;

(e) JIake an annual report to the General A.ssem-
bly on the steps taken to implement these recommenda-
tions ;

11. That upon its establishment as an independent
State, Libya be admitted to the United Nations in ac-
cordance with Article 4 of the Charter.

B. With respect to Italian Somaliland, recommends:

1. That Italian Somaliland shall be an independent
sovereign State ;

2. This independence shall become effective at the
end of ten years from the date of the approval of the
Trusteeship Agreement by the General Assembly ;

3. During the period mentioned in paragraph 2,
Italian Somaliland shall be placed under the International
Trusteeship System with Italy as the Administering Au-
thority ;



4. The Administering Authority shall be aided and
advised by an Advisory Council composed of representa-
tives of the following States: Colombia, Kgypt and the
Philippines. The headquarters of the Advisory Council
shall be Mogadiscio. The precise terms of reference of
the Ailvisory Council shall be determined in the Trustee-
ship Agreement and shall include a provision whereby the
Trusteeship Council shall invite the States members of
the Advisory Council, if they are not members of the Trus-
teeship Council, to piirlicipate without vote in the debates
of the Trusteeship Council on any question relating to
this territory;

5. That the Trusteeship Council negotiate with the
Administering Authority the draft of a Trusteeship Agree-
ment for submission to the General Assembly if possible
during the present session, and in any case not later than
the fifth regular session ;

6. That the Trusteeship Agreement shall include an
Annex containing a declaration of constitutional prin-
ciples guaranteeing the rights of the inhabitants of Somali-
land and providing for institutions designed to ensure
the inauguration, development and subsequent establish-
ment of full self-government ;

7. That in the drafting of this declaration the
Trusteeship Council and the Administering Authority be
guided by the annexed text proposed by the Indian dele-
gation ;

8. That Italy be invited to undertake provisional
administration of the territory

(a) At a time and pursuant to arrangements for
the orderly transfer of administration agreed upon be-
tween Italy and the United Kingdom, after the Trustee-
ship Council and Italy have negotiated the Trusteeship
Agreement ;

(b) On condition that Italy gives an undertak-
ing to administer the territory in accordance with the
provisions of the Charter relating to the International
Trusteeship System and to the Trusteeship Agreement
pending approval by the General Assembly of a Trustee-
ship Agreement for the territory ;

9. That the Advisory Council shall commence the
discharge of its functions when the Italian Government
begins its provisional administration.

C. With respect to Eritrea, recommends:

1. That a Commission consisting of representatives
of not more than five Member States, as follows, Burma,
Guatemala, Norway, Pakistan and the Union of South
Africa, be established to ascertain more fully the wishes
and the best means of promoting the welfare of the in-
habitants of Eritrea, to examine tlie question of the dis-
posal of Eritrea and to prepare 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 Commis-
sion shall ascertain all the relevant facts including written
or oral information from the present administering Power,
from representatives of the population of the territory,
including minorities, from Governments and from such
organizations and individuals as it may deem nece-ssary.
In particular, the Commission shall take into account:

(a) The wishes and welfare of the inhabitants of



June 5, 1950



913



Eritrea, including the views of the various racial, religious
and political groups of the provinces of the territory and
the capacity of the people for sellgovernment ;

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

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

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

4. The Commission shall assemble at the head-
quarters of the United Nations as soon as possible. It
shall travel to Eritrea and may visit such other places as in
its judgment may be necessary in carrying out its responsi-
bilities. The Commission shall adopt its own rules of pro-
cedure. Its report and proposal or proposals shall be
communicated to the Secretary-General not later than 15
June 1950 for disti-ibution to Member States so as to
enable final consideration during the fifth regular session
of the General Assembly. The Interim Committee of the
General Assembly shall consider the report and proposal,
or proposals, of the Commission and report, with con-
clusions, to the fifth regular session of the General
Assembly.

D. With respect to the ahove provisions :

1. Invites the Secretary-General to request the nec-
essary facilities from the competent authorities of each of
the States in whose territory it may be necessary for the
Commission for Eritrea to meet or travel ;

2. Authorizes the Secretary-General, in accordance
with established practice,

(a) To arrange for the payment of an appropriate
remuneration to the United Nations Commissioner in
Libya ;

(b) To reimburse the travelling and subsistence
expenses of the members of the Council for Libya, of one
representative from each Government represented on the
Advisory Council for Somaliland, and of one representa-
tive and one alternate from each Government represented
on the Commission for Eritrea ;

(c) To assign to the United Nations Commissioner
in Libya, to the Advisory Council for Somaliland, and to
the United Nations Commission for Eritrea such staff and
to provide such facilities as the Secretary-General may
consider necessary to carry out the terms of the present
resolution.



2. The executive authority of the Trust Territory
shall be exercised by an Administrator appointed by the
Administering Authority.

3. To assist him in the discharge of his functions the
Administrator shall appoint a Council consisting of five
representatives of the principal political parties or organ-
izations in the Trust Territory.

4. In matters relating to defence and foreign affairs,
the Administrator shall be responsible to and carry out
the directions of the United Nations acting through its
appropriate organs. In all other matters, the Administra-
tor shall consult and be guided by the advice of his Council.

5. The legislative authority of the Trust Territory
shall normally be exercised by the Administrator with the
consent of his Council enlarged by such additional repre-
sentatives of the people as the Administrator may summon
for the purpose. In exceptional circumstances, the Ad-
ministrator may, subject to the control of the United Na-
tions acting through its appropriate organs, make and pro-
mulgate such ordinances as, in his opinion, the circum-
stances demand.

6. The judicial authority of the Trust Territory shall
be exercised by a Supreme Court and courts subordinate
thereto. The judges of the Supreme Court shall be axt-
pointed by the Administrator but shall hold office during
good behaviour and shall not be removable except with
the consent of the United Nations acting through its ap-
propriate organs.

7. All the authorities of the Trust Territory shall, in
the exercise of their respective functions, respect human
rights and fundamental freedoms for all without distinc-
tion as to race, sex, language or religion.

8. The United Nations, acting through its appropriate
organs may :

(a) Make rules to supplement this constitution;

(b) Review the administration periodically and
amend this constitution so as to establish the Trust Terri-
tory as an independent State within a period not exceed-
ing five years.



The General Assembly, to assist it in making the ap-
pointment of the United Nations Commissioner in Libya,

Decides that a Committee composed of :
the President of the General Assembly, two of the Vice-
Presidents of the General Assembly (Brazil and Pakistan),
the Chairman of the First Committee, and the Chairman
of the Ad Hoc Political Committee

shall nominate a candidate or, if no agreement can be
reached, three candidates.



ANNEXURE: TEXT PROPOSED BY THE
DELEGATION OF INDIA

(See section B, paragraph 7)

The following constitution shall be annexed to and
form part of the trusteeship agreement for any of the
former Italian colonies that may be placed under the
International Trusteeship System:

1. The sovereignty of the Trust Territory shall be
vested in its people and shall be exercised on their behalf
by the authorities and in the manner prescribed herein.



C.

The General Assembly,

Considering its recommendations regarding the dis-
posal of the former Italian colonies,

Calls upon the Interim Committee of the General As-
sembly to study the procedure to be adopted to delimit the
boundaries of the former Italian colonies in so far as they
are not already fixed by international agreement, and
reix)rt with conclusions to the fifth regular session of the
General Assembly.



914



Department of State Bulletin



FOOTNOTES



"lie questioned the wisdmu of having both n commis-
sioner and a council for Libya and opiHJsed any attempt
to Impose ui)ou the Libyan people a unity they might not
desire. He also was reluclant to see Italian SomaUland
placed under Italian trusteeship.

" U.N. docs. A/C.1/SR.312 and A/C.l/526/Rev. 1. See
annex lili.

" f.N. doc. A/C.1/SR.312.

"Ibid.

" Ibid.

" U.X. doc. A/C.1/SR.313.

'Ibid.

" Ibid.

"Ibid.

" U.N. doc. A/C.1/SR.314.

"/fcidand A/C.1/527. See annex 23.

" U.N. doc. A/C.1/520. See annex 24.

" U.N. doc. A/C.1/SR.315. In his remarks on Libya, the
Polish representative made the statement that the de-
cisive factor in the liberation of Libya had been the
Soviet troops which had, in timely fashion, diverted enemy
troops to the eastern front.

" U.N. doc. A/C.1/028.

" U.N. doc. A/C.1/SR.315.

** U.N. doc. A/C.1/SR.316.

"Ibid.

- Ibid.

" Ibid.

" Ibid.

"U.N. doc. A/C.1/SR.318. The U.S.S.R. had reintro-
duced its proposal on November 7 ( .VC.l/4S7/Rev. 1)
slightly revised to spell out with respect to Somaliland the
same provisions already contained in its proposal for
Eritrea.

" Ibid.

" U.N. doc. A/C.1/490. This called for Independence of
Italian Somaliland in 10 years with a direct U.N. trus-
teeship during the interim.

" U.N. docs. A/C.1/SR.318 and 319 give the entire vot-
ing record of the Committee on section A.

" U.N. doc. A/C.1/531.

" A/C.1/SR.31S.

For: Afghanistan, Argentina, Australia, Belgium, Bo-
livia, Brazil, Burma, Canada, Chile, China, Colombia, C'osta
Rica, Cuba, Denmark, Dominican Kepublic. Ecuador,
Egypt, El Salvador, Ethiopia, France, Greece, Guatemala,
Honduras, Iceland, India, Iran, Iraq, Israel, Lebanon,
Liberia, Luxembourg, Mexico, Netherland.s, Nicaragua,
Norway, Pakistan, Panama, Paraguay, Peru, Philippines,
Poland, Saudi Arabia, Syria, Thailand, Turkey, Union of
South Africa. U.K., U.S., Uruguay, Venezuela, Yemen.

Againxt: None.

Abstentions: Byelorussia, Czechoslovakia, New Zealand,
Sweden, Ukraine, U.S.S.R., Yugoslavia.

''For: Brazil, Byelorussia, Canada, Chile, China, Colom-
bia, Costa Rica, Cuba, Czechoslovakia, Dominican Repub-
lic, Ecuador, El Salvador, France, Guatemala, Haiti,
Honduras, Iceland, Israel, Iran, Mexico, Netherlands,
Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru,
Poland, Ukraine, U.S.S.R., U.S., Uruguay.

Against: Afghanistan, Egypt, Iraq, Lebanon, Saudi
Arabia, Syria, Yemen.

Abstentions: Argentina, Australia, Belgium, Bolivia,
Burma, Denmark, Ethiopia, Greece, India, Liberia, Lux-
embourg, New Zealand, Philippines, Sweden, Thailand,
Turkey, Union of South Africa, U.K., Venezuela,
Yugoslavia.

** To provide that the administering powers carry out
those functions "in cooperation with the Commissioner."

" The complete record of Committee voting on section B
Is given in U.N. docs. A/C.l/SR.319-322.

" U.N. doc. A/C.1/527.

"All members voted In favor except Sweden who
abstained.



"For: Afghanistan, Byelorussia, Cuba, Czechoslovakia,
Ethiopia, India, Iran, Iraq, Liberia, Pakistan, Philippines,
Piilanil. Saudi Arabia, Syria, Ukraine, U.S.S.U., Yemen,
Yugoslavia.

Against: Argentina, Australia, Belgium, Bolivia, Brazil,
Canada, Chile, China, Colombia, Costa Kica, Denmark,
Dominican Republic, Ecuador, El Salvador, France,
Greece, Guatemala, Haiti, Honduras, Iceland, Luxem-
bpt, El
Salvador, France, Greece, Guatemala, Haiti, Honduras,
Iceland, India, Iran, Iraq, Israel, Lebanon, Mexico, Luxem-
bourg, Netherlands, New Zealand, Nicaragua, Norway,
Panama, Paraguay, Peru, Philippines, Saudi Arabia, Syria,
Thailand, Turkey, Union of South Africa, U.K., U.S., Uru-
guay, V'enezuela, Yemen.

Against: Byelorussia, Czechoslovakia, Ethiopia, Poland,
Ukraine, U.S.S.R., Yugoslavia.

Abstentions: Liberia, New Zealand, Pakistan, Sweden.

" "That the Trustee.ship Agreement shall include an
annex containing a declaration of constitutional principles
guaranteeing the rights of the inhabitants of SomaUland
and providing for institutions designed to ensure the in-
auguration, development and subsequent establishment of
full self-government."

" U.N. doc. A/C.1/537. See annex 25.

" Israel Lad earlier proposed that the Trusteeship Coun-



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 80 of 116)