Copyright
United States. Dept. of State. Office of Public Co.

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

. (page 86 of 116)
Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 86 of 116)
Font size
QR-code for this ebook


942



Department of Slate Bulletin



First, the limitation in the present law which
prevents the furnisliint; of many forms of pro-
duction equipment whicli are indispensable to the
success of a well-rouniled profxraui of increased
military production in AVcstern Europe.

Second, our inability, under those provisions
of the law which authorize the provision of mili-
tary equipment to specified foreifrn nations who
can afford to pay for it, either to enter into such
transactions on a conunercially attractive basis,
or to jirovide equipment on this basis to certain
other countries whose security is important to
our own.

Third, our inability to provide a limited amount
of grant aid to countries not designated, in the
event of a critical emergency requiring immediate
action and gravely affecting the security of the
United States.

Success of Previous Assistance

The success which has been achieved by the
people of Greece is clear proof that the forces
of aggression can be halted by invoking the proper
measures at the proper time. For the first time
since 1940. and as a result of American aid, the
Government of Greece is now exercising full con-
trol over its territories and is in a position to
concentrate its energies on the restoration of its
civilian economy.

The importance of this achievement can only
be fully understood when it is measured against
what might have occurred if American assistance
had not been provided. A Communist Greece,
serving as a base for subversion or attack against
other countries of the Mediterranean and the Near
East, would have been a threat to the entire West-
ern world.

The immediate problem before the Greek people
is to complete the recovery of their economy in
order that their country may take its rightful and
hard-earned place as a self-sufficient member of
the community of free nations.

The provision of further military assistance to
Greece is essential to the success of this effort. It
is required in order to insure a continuance of
internal stability and to make certain that Greece
will not again become an easy target for Com-
munist guerrilla activities. However, because of
the substantial progress which has already been
made in these directions, the requirements for such
assistance in 1951 are considerably below those
for previous years. Anything less would place in
jeopardy the large investment we have already
made in this undertaking.

Continued assistance to Turkey is also neces-
sary. The record in Turkey is a good record and
previous military assistance has been extremely
effective. Although there has been a substantial
reduction in the numerical size of Turkey's armed
forces, to the benefit of Turkey's economic re-
covery, the combat effectiveness of these forces



has been greatly increased through the provision
of modern equi[)ment and extensive training. At
the same time, further modernization of these
forces is still required, and Turkey, which is spend-
ing 35-40 percent of its revenues for military pur-
poses, cannot increase its own expenditures for
defense. Consequently, without our continued
assistance this modernization caimot go forward.

It is of the greatest importance to us that
Turkey, within the limits of its economic ability,
should develop the maximum capacity to resist
aggression. Ave are well on the road toward this
objective, and it is in our national interest to
pursue this objective to the end. The program
proposed for 1951 will bring us a. long way toward
this goal. For aid to Greece and Turkey, the
President has reconunended the use of 120 million
dollars.

Iran is another Near Eastern country for which
contiimed military assistance is recommended.
The strategic position of Iran needs no elabora-
tion, and the maintenance of its security is clearly
of importance to the free world. That security, in
the face of constant Soviet pressure, is dependent
upon modern, well-equipped forces. Unfortu-
nately, Iran, although she is devoting a very large
share of her resources for this purpose, cannot,
under present economic conditions, provide such
forces without some outside aid. The proposed
assistance is designed to fill some of her urgent
military deficiencies and is based on an appraisal
of the type of armed force which can best meet
the kind of security problem with which Iran is
confronted.

Problems in Asia

In the Far East, the problems which require our
assistance are somewhat different. War left that
area in a chaotic condition. Economic disloca-
tions were serious ; trade patterns were disrupted
and in some cases erased. The breakdown of old
patterns of society, of industry, and of govern-
ment which took place during the years of Japa-
nese occupation left tremendous problems to be
solved. Governments were either new, inexperi-
enced and untried, or in some cases, inadequate and
ill-adjusted by tradition to the tasks at hand.

The i:)eoples of the area, poor, weary, and rav-
aged, seek freedom and security. Attaining these
goals under the conditions which confront them
would be difficult in any case. It is made much
more difficult by Communist efforts, through infil-
tration, subversion, and propaganda, to capitalize
on their aspirations for independence and their
unfortunate economic conditions. The essential
bankruptcy of Communist dogma is sometimes not
clearly apparent to peoples who live in misery and
desperate circumstances.

Under these conditions, the opportunities for
the United States effectively to assist the peoples of
this area to achieve freedom and security are



June 12, 7950



943



limited. We cannot, of course, substitute our
efforts for theirs, nor for those of European na-
tions which have special responsibilities toward
some of these nations. They must provide the
essential foundation of self-help. Our task is to
encourage and, where practicable, to provide sup-
plemental aid within our ability to do so.

In spite of the initial successes achieved by com-
munism in the Far East, there have also been
favorable developments. The seeds of democracy
have been well sown in Japan and a democratic
government has been established in South Korea.

In the Philippines, although presently troubled
by Communist- led and -aided guerrillas, an in-
dependent government, based on democratic prin-
ciples, has been established. The progi'ams of
military assistance to Korea and the Philippines,
authorized by the Congress last year, have aided
the peoples of those nations in their efforts to ob-
tain security.

The continuation of such assistance is essential.
For Iran, Korea, and the Philippines, the Presi-
dent has requested the use of 27.5 million dollars.

In Southeast Asia, already torn by Communist
guerrilla operations, the menace of Communist
China threatens the peoples of Indochina, Burma,
Thailand, Malaya, and the newly created United
States of Indonesia. In this area of Asia, par-
ticularly, the peoples are seeking to evolve new
and better forms of government which can fulfill
their desires for real freedom and permanent secu-
rity. We seek, and we are greatly encouraged by
the demonstrations of like intent so far provided
by the European powers, to assure that the pattern
of development is one of steady evolution adjusted
to the needs and the capacities of the peoples.

It is, of course, essential to this development
that order be maintained and subversion dealt
with effectively. The provision of funds by the
Congress under the Mutual Defense Assistance
Act of 1949 for the promotion of the purposes of
the act in the general area of China has been of
great value. The Executive Branch has been en-
abled, thereby, to initiate measures designed to
strengthen the non-Communist states in this area.
Thus, we have been able to announce our determi-
nation to support France and the States of the
French Union in Indochina — Vietnam, Laos, and
Cambodia — in their struggle to preserve the free-
dom and integrity of Indochina from the Com-
munist forces of Ho Chih Minh. These measures,
in conjunction with appropriate programs of tech-
nical and economic aid, are designed to aid the
peoples of the area to protect their interests and
to secure their fundamental liberties.

The future course of events in Southeast Asia,
in the Philippines, in Korea, and in Japan as well
as in China proper are of great importance to the
security of the United States. Our policy is and
must be devoted to doing everything within our
power to prevent the further spread of
communism.



Military aid, when such aid can be effective, is
an essential element of our course of action. The
dynamic and complex nature of the situation does
not permit the same degree of precision in our
policy as is possible elsewhere. Neither will it
permit, however, any loss of time. The provision
of 75 million dollars as requested by the President
will enable the Executive Branch to take rapid
action when and where the opportunity exists to
advance our interests thereby.

The interests of the United States are global in
character. A threat to the peace of tlie world
anywhere is a threat to our security. Vigorous,
intelligent, and sustained action on our part is
essential to the preservation of our liberty. The
program of military aid proposed by the Presi-
dent represents the best judgment of the Executive
Branch at this time as to the measures in which
and the extent to which we can provide military
assistance effectively to support our objectives.
Favorable action by the Congress will provide a
vital element of support to the long struggle of
free peoples to protect themselves from those who
would enslave them.



THE CONGRESS



Legislation

Foreign Economic Assistance, 1950. Report of the
Committee on Foreign Relations on S. 3304, a bill to
■•imend the Economic Cooperation Act of 1948, as amended.
S. Rept. 1371, 81st Cong., 2d sess. [To accompany S.
3304] iii, 45 pp. Also, part 2, iii, 11 pp.

Cooperative Housing in Europe. A report of the bank-
ing and currency subcommittee investigating and study-
ing European housing programs. S. Doc. 148, 81st Cong.,
2d sess., iii, 112 pp.

Increasing Cost of the Federal Government. Compila-
tion of information by the Committee on Expenditures in
the Executive Departments. United States Senate, S. Doc.
150, 81st Cong., 2d sess., vii, 19 pp.

Report of Activities of the National Advisory Council
on International Monetary and Financial Problems. Mes-
sage from the President of the United States transmit-
ing a report of the National Advisory Council on Inter-
national Monetary and Financial Problems covering its
operations from April 1 to September 30, 1949. H. Doc.
450, 81st Cong., 2d sess., v, 74 pp.

Twenty-one Plans for Reorganization of Agencies of
the Executive Branch of the Government. Message from
the President of the United States transmitting to the
Congress 21 plans for reorganization of agencies of the
executive branch, prepared under the authority of the
Reorganization Act of 1949. 5 pp.

Reorganization Plan No. 20 of 1950. Message from the
President of the United States transmitting reorganiza-
tion plan no. 20 of 1950, providing for transfer from
the Secretary of State to the Administrator of General
Services a number of functions which have no connection
with foreign affairs but bear a close relation to the
archival and records functions of the General Services
Administration. H. Doc. 525, 81st Cong., 2d sess. 4 pp.



944



Department of State Bulletin



PROPOSED HUMAN RIGHTS COVENANT



Revised at 1950 Session of Commission on Human Riglits



hy James Simsarian



The United Nations Commission on Human
Rights, at its March-May 1950 session, completed
3 years of work on the drafting of the proposed
International Covenant on Human Rights. It
has forwarded the revised Covenant to the Eco-
nomic and Social Council for its consideration
this summer.^

If the Council agrees, the proposed Covenant
will be transmitted to the fifth session of the
General Assembly for its consideration in Sep-
tember of tliis year. Following its approval by
the General Assembly, the Covenant will be sub-
mitted to Governments for ratification. Since it
is in treaty form, it will be binding only on States
which ratify it.

The draft Covenant is limited to basic civil and
political rights well-known in American tradition
and law. The Commission on Human Rights de-
cided not to include economic and social rights in
the Covenant; it also decided that only States
parties to the Covenant may file complaints with
respect to violations of the Covenant. The Com-
mission rejected proposals to authorize nongov-



' For additional materials on human rights, see the
following BuiXETiN references : An International Bill of
Human Rights, article by James P. Hendrlck, Fel). 15,
1948, p. 195 ; Progress Report on Human Rights, article by
James P. Hendrlck, Aug. 8, 1&48, p. 159 (includes com-
parison between texts of "Declaration of Human Bights"
as approved at second and third sessions, respectively,
of the Commission on Human Rights) ; United Nations
Actions on Human Rights in 1948, article by James
Simsarian, Jan. 2, 1949, p. 18; Human Rights: Draft
Covenant Revised at fifth session of Commission on
Human Rights, article by James Simsarian, July 11, 1949,
p. 3.

June 72, 1950

889457—50—3



emmental organizations or individuals to file pe-
titions with respect to alleged violations of the
Covenant.

The Covenant on Human Rights when ratified
by 20 States will come into force and be legally
binding on the countries which have ratified it.
The Covenant is in contrast to the Universal Dec-
laration of Human Rights approved by the
General Assembly at Paris on December 10, 1948,
since the Declaration was not drafted in the form
of a treaty but as a declaration setting forth a
common standard of achievement. The Univer-
sal Declaration of Human Rights enumerates



Statement hy Acting Secretary 'Webb
on May 19

The United Nations Commission on Human Rights
yesterday decided to forward its draft Covenant on
Human Rights to the Economic and Social Council.
This is a significant step. It is vitally important
that the United Nations carry forward vigorously
its program for promoting and encouraging respect
for human rights and for fundamental freedoms.
The draft Covenant embraces the political and civil
rights recognized to be essential to the preservation
of freedom and liberty.

One of tlie major aspects of United States foreign
policy is to continue its support for improving the
conditions of freedom everywhere through the or-
gans of the United Nations and through all other
available means. The United States Representative
at the Economic and Social Council which meets
in Geneva in July will seek transmittal of the Cove-
nant to the General As.sembly in accordance with
the program agreed upon by the Human Rights
Commission at its last session.

I want especially to pay tribute to the outstanding
leadership of Mrs. Roosevelt as United States Rep-
resentative on the Human Rights Commission and
as Chairman of the Commission.



945



economic and social as well as civil and political
rights.

The basic civil and political rights set forth in
the proposed Covenant relate to the right to life,
protection against torture, slavery, forced labor,
arbiti-ary arrest or detention, protection against
imprisonment for inability to fulfill a contractual
obligation, freedom to leave a country, freedom
to return to one's country, right to a fair and
public hearing by an independent and impartial
tribunal, right to be presumed innocent until
proved guilty, protection against ex post facto
laws, right to recognition as a person before the
law, freedom of religion, expression, assembly and
association, and equal protection of tlie law.

Articles of the Proposed Covenant on Human Rights

ARTICLE 1

Article 1 provides in paragraph 1 that a State
ratifying the Covenant undertakes "to respect and
to ensure to all individuals within its territory
and subject to its jurisdiction the rights recog-
nized in this Covenant, without distinction of any
kind, such as race, colour, sex, language, religion,
political or other opinion, national or social
origin, property, birth, or other status."

Article 1 further provides in paragraph 2 that
where the rights recognized in the Covenant have
not already been "provided for by existing legis-
lative or other measures, each State undertakes
to take the necessary steps, in accordance with its
constitutional processes and with the provisions
of this Covenant, to adopt within a I'eusonable
time such legislative or otlier measures as may be
necessary to give effect to tlie riglits recognized in
this Covenant." The Commission rejected a pro-
posal to delete this provision by a vote of 1 in
favor of deletion and 10 against, with 3
abstentions.

The purpose of paragraph 2 is to make it clear
that the provisions of the Covenant would not
themselves be enforceable in the courts as "the
supreme Law of the Land" under article VI of the
United States Constitution. The United States,
however, as well as on other States jiartics to the
Covenant, would have a fiiin obligation to enact
the requisite legislative and otlier measures to give
effect to the rights set forth in the Covenant to the
extent to wliicli such measures have not already
been enacted. Such legislative and other meas-



ures which are enacted would, of course, be en-
forceable in the courts of the United States.

ARTICLE 2

Article 2 provides that, in the event of an
emergencj' officially proclaimed by the authorities
of a State or in the event of a public disaster, a
State may derogate from the rights provided in
the Covenant, except those which relate to the
right to life in article 3, freedom from torture in
article 4, freedom from slavery and servitude in
article 5, freedom from being imprisoned merely
on the ground of inability to fulfill a contractual
obligation in article 7, protection from ex post
facto laws in article 11, the right to recognition as
a person before the law in article 12, and freedom
of religion in article 13. It was agreed that, in
any case, no derogation should occur which is in-
compatible with international law.

Any State derogating from the Covenant under
article 2 is required to inform the other States
parties to the Covenant of the provisions from
whicli it derogates and when the derogation ends.

ARTICLE 3

Article 3 is the result of a great deal of discus-
sion on two conflicting views pressed in the Com-
mission. One view was that the right to life in
this article should be set forth in general terms
only and the other view was that specific excep-
tions to the right to life should be set forth in
detail. It was finally agreed that the first para-
graph of this article should set forth in general
language that "Everyone's right to life shall be
protected by law." This general statement is fol-
lowed by a statement that "To take life shall be a
crime, save in the execution of a sentence of a
couit, or in self-defense, or in tlie case of enforce-
ment measures authorized by the Charter." Con-
siderable sentiment was felt in the Conimission
tliat further consideration should be given to the
latter statement in the further review of the draft
Covenant.

ARTICLE 4

The Commission a])proved tlie language pre-
viously in this article jirohiliiting anyone from
being subjected to torture or to cruel, inhuman,
or degrading treatment or punishment. The
Commission also decided to include a provision
proliibiting anyone from being subjected against



946



Department of State Bulletin



his will to medical or scientific experimentation.
In adopting the latter provision, the members of
the Commission observed that the language they
approved would need further careful reconsidera-
tion in the light of such recommendations as
would be made by the World Health Organization
concerning this language.

ARTICLE 5

The proposed Covenant prohibits slavery,
slave trade, and servitude without exception and
prohibits forced and compulsory labor subject to
certain specified exceptions such as services re-
quired to be done in the course of detention in
consequence of a lawful order of a court. The
Commission used the term "servitude" to cover
only such matters as serfdom, peonage, and re-
lated aspects of slavery, excluding, however,
forced or compulsory labor which is set forth with
its exceptions separately.

ARTICLE 6

Article 6 provides protection against arbitrary
arrest or detention. The term "arbitrary" was
used to jDrohibit any "unjust" arrest or detention
as well as any illegal arrest or detention.

Paragraph 5 of this article sets forth the well-
known safeguards of habeas corpus, that is, "any-
one who is deprived of his liberty by arrest or
detention shall be entitled to take proceedings by
which the lawfulness of his detention shall be de-
cided without delay by a court and his release
ordered if the detention is not lawful."

Paragraph 6 provides that "Anyone who has
been the victim of unlawful arrest or deprivation
of liberty shall have an enforceable right to com-
pensation." The United States representative
urged the omission of this paragraph.

ARTICLE 8

Article 8 was revised to provide expressly that
the right to liberty of movement and freedom to
choose one's residence shall be provided only
"within the territory of a State." Liberty of
movement and freedom to choose one's residence
as well as freedom to leave a country were made
subject to such general limitations as are not in-
consistent with the other rights recognized in the
Covenant. An additional provision to article 8
states that no one shall be subjected to arbitrary
exile. The provision previously in this article
providing that anyone shall be free to enter the



country of which he is a national was retained,
but made subject to the provision against arbitrary
exile.

ARTICLE 10

Article 10 guarantees every one a fair and
public hearing by an independent and impartial
tribunal established by law. Certain exceptions
arc provided for (he exclusion of the press and
public from a trial where, for example, this ex-
clusion is necessary for reasons of morals, public
order, or national security.

It is expressly provided that everyone charged
with a criminal offense shall have the right to be
presumed innocent until proved guilty according
to law. Certain minimum guaranties are pro-
vided to a defendant charged with a criminal
offense.

The representative of the United States urged
the omission of paragraph 3 concerning com-
pensation.

ARTICLE U

Article 11 provides protection against ex post
facto laws, national or international.

ARTICLE 12

Article 12 provides that every one shall have the
right to recognition as a person before the law.
Members of the Commission thought that this
article was needed to preclude the possible repeti-
tion of the Nazi practice of depriving members of
certain groups of their legal pei-sonality so that
the courts could completely ignore their rights.

ARTICLE 13

Article 13 provides for freedom of thought,
conscience, and religion, including freedom to
manifest one's religion or belief in teaching, prac-
tice, worship, and observance.

ARTICLE 14

At the request of the General Assembly, the
Commission on Human Rights drafted article 14
on freedom of expression for inclusion in the
Covenant. This article was drafted in general
terms to provide that everyone shall have the
right to freedom of expression including freedom
to seek, receive, and impart information and ideas
of all kinds regardless of frontiers, either orally,
in writing or in print, in the form of art or through
any other media of his choice. It was agreed that



June 12, 1950



947



in using the phrase "regardless of frontiers"^ it
was norcontemplated that this article would in-
clude the right for any person to enter a country
without regard to its immigration laws.

This freedom of expression is subject only to
such restrictions as are provided by law and are
necessary for the protection of national security,
public order, safety, health or morals, or the rights,
freedoms, or reputations of others. Although
some members of the Connnission sought to re-
strict freedom of expression further by specific
limitatioiis, the Commission rejected these pro-
posals and decided to limit freedom of expression
only in general terms along the same lines as the
limitations provided in articles 13, 15, and 16



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 86 of 116)