suppression of human rights and fundamental freedoms in those countries;

2. NOTES with satisfaction that steps have been taken by several States signatories to the Peace Treaties with Bulgaria and Hungary regarding these accusations, and expresses the hope that measures will be diligently applied, in accordance with the Treaties, in order to ensure respect for human rights and fundamental freedoms;

3. MOST URGENTLY DRAWS the attention of the Governments of Bulgaria and Hungary to their obligations under the Peace Treaties, including the obligation to co-operate in the settlement of all these questions;

4. Decides to retain the question on the agenda of the fourth regular session of the General Assembly of the United Nations.

261. UNITED STATES NOTES TO BULGARIA, HUNGARY, AND RUMANIA INVOKING PEACE TREATY CLAUSES TO SETTLE DISPUTES ON VIOLATING HUMAN FREEDOMS, MAY 31, 19491

UNITED STATES NOTE TO BULGARIA, MAY 31, 1949

The Legation of the United States of America presents its compliments to the Ministry of Foreign Affairs of Bulgaria and, acting under the instructions of the United States Government, has the honor to reply to the Ministry's note of April 21, 1949 concerning the question of Bulgaria's compliance with the obligations of Article 2 of the Treaty of Peace.

The United States Government, taking note of the Bulgarian Government's rejection of the statements made in the Legation's note of April 2, 1949, concerning Bulgaria's disregard of its obligations under Article 2, finds it necessary to place on record its view that the Bulgarian Government has not given a satisfactory reply to the specific charges set forth in the Legation's note. The Bulgarian Government has also failed to furnish the United States Government with the requested information as to measures which the Bulgarian Government is prepared to adopt in order to remedy the situation caused by the violation of its obligations under Article 2 and to implement fully the terms of that Article. The remaining portions of the Bulgarian Government's note of April 21 consist of allegations against the United States which are demonstrably false and irrelevant to the matter at hand.

The United States Government accordingly considers that a dispute has arisen concerning the interpretation and execution of the Treaty of Peace which the Bulgarian Government has shown no disposition to join in settling by direct diplomatic negotiations.

The American Minister has therefore been instructed by his Government to refer the dispute to his British and Soviet colleagues for consideration jointly with himself in accordance with the provisions of Article 23 of the Treaty of Peace. Copies of his letters to the Ambassador of the Union of Soviet Socialist Republics and to the British Minister inviting them to meet for this purpose are enclosed.

Department of State Bulletin of June 12, 1949, pp. 755-759.

98756-50-75

UNITED STATES NOTE TO HUNGARY, MAY 31, 1949

The Legation of the United States of America presents its compliments to the Ministry of Foreign Affairs of Hungary and, acting under instructions of the United States Government, has the honor to reply to the Ministry's note of April 8, 1949, concerning the question of Hungary's compliance with the obligations of Article 2 of the Treaty of Peace.

The United States Government, taking note of the Hungarian Government's rejection of the statements made in the Legation's note of April 2, 1949, concerning Hungary's disregard of its obligations under Article 2, finds it necessary to place on record its view that the Hungarian Government has not given a satisfactory reply to the specific charges set forth in the Legation's note. The Hungarian Government has also failed to furnish the United States Government with the requested information as to measures which the Hungar an Government is prepared to adopt in order to remedy the situation caused by the violation of its obligations under Article 2 and to implement fully the terms of that Article. The United States Government cannot accept the Hungarian Government's contention that the matters dealt with in the United States note are purely domestic affairs or the contention that Hungary has complied with the obligations of Article 2 of the Treaty of Peace merely by the formal repeal of the discriminatory legislation of the Horthy regime. Nor can the United States Government agree that violations of Article 2 can be excused by reference to Hungary's obligations under Article 4 of the Treaty. Persecution of all political leaders and parties not amenable to the dictates of the minority ruling group and denial of freedom of expression cannot properly be justified under any Article of the Treaty. The remaining portions of the Hungarian Government's note of April 8, including references to other Articles of the Treaty of Peace, consist of allegations against the United States which are demonstrably false and irrelevant to the matter at hand. The United States Government rejects categorically the unwarranted accusations that it has supported reaction and conspiracies in Hungary, accusations which will not obscure the real issues raised by the United States note of April 2.

The United States Government accordingly considers that a dispute has arisen concerning the interpretation and execution of the Treaty of Peace which the Hungarian Government has shown no disposition to join in settling by direct diplomatic negotiations.

The American Minister has therefore been instructed by his Government to refer the dispute to his British and Soviet colleagues for consideration jointly with himself in accordance with the provisions of Article 40 of the Treaty of Peace. Copies of his letters to the Ambassador of the Union of Soviet Socialist Republics and to the British Minister inviting them to meet for this purpose are enclosed.

UNITED STATES NOTE TO RUMANIA, MAY 31, 1949

The Legation of the United States of America presents its compliments to the Ministry of Foreign Affairs of Rumania and, acting ander the instructions of the United States Government, has the honor to reply to the Ministry's note of April 18, 1949 concerning the question

of Rumania's compliance with the obligations of Article 3 of the Treaty of Peace.

The United States Government, taking note of the Rumanian Government's rejection of the statements made in the Legation's note of April 2, 1949, concerning Rumania's disregard of its obligations under Article 3, finds it necessary to place on record its view that the Rumanian Government has not given a satisfactory reply to the specific charges set forth in the Legation's note. The Rumanian Government has also failed to furnish the United States Government with the requested information as to measures which the Rumanian Government is prepared to adopt in order to remedy the situation caused by the violation of its obligations under Article 3 and to implement fully the terms of that Article. The United States Government cannot accept the Rumanian Government's contention that the matters dealt with in the United States note are purely domestic affairs or the contention that Rumania has complied with the obligations of Article 3 of the Treaty of Peace merely by the formal enactment of laws purporting to guarantee the application of the provisions of that Article. The remaining portions of the Rumanian Government's note of April 18, including references to other Articles of the Treaty of Peace, consist of allegations against the United States which are demonstrably false and irrelevant to the matter at hand. The United States Government rejects categorically the unwarranted accusations that it has supported reaction and conspiracies in Rumania, accusations which will not obscure the real issues raised by the United States note of April 2.

The United States Government accordingly considers that a dispute has arisen concerning the interpretation and execution of the Treaty of Peace which the Rumanian Government has shown no disposition to join in settling by direct diplomatic negotiations.

The American Minister has therefore been instructed by his Government to refer the dispute to his British and Soviet colleagues for consideration jointly with himself in accordance with the provisions of Article 38 of the Treaty of Peace. Copies of his letters to the Ambassador of the Union of Soviet Socialist Republics and to the British Minister inviting them to meet for this purpose are enclosed.

262. RESOLUTION OF THE GENERAL ASSEMBLY, OCTOBER 22, 1949 1

WHEREAS the United Nations pursuant to Article 55 of the Charter shall promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion,

WHEREAS the General Assembly at the Second Part of its third regular session considered the question of the observance in Bulgaria and Hungary of human rights and fundamental freedoms,

WHEREAS the General Assembly, on 30 April 1949, adopted resolution 272 (III) concerning this question in which it expressed its deep concern at the grave accusations made against the Governments of

I Contained in U. N. document A/1023.

Bulgaria and Hungary regarding the suppression of human rights and fundamental freedoms in those countries; noted with satisfaction that steps had been taken by several States signatories to the Peace Treaties with Bulgaria and Hungary regarding these accusations; expressed the hope that measures would be diligently applied, in accordance with the Treaties, in order to ensure respect for human rights and fundamental freedoms; and most urgently drew the attention of the Governments of Bulgaria and Hungary to their obligations under the Peace Treaties, including the obligation to co-operate in the settlement of the question,

WHEREAS the General Assembly has resolved to consider also at the fourth regular session the question of the observance in Rumania of human rights and fundamental freedoms,

WHEREAS Certain of the Allied and Associated Powers signatories to the Treaties of Peace with Bulgaria, Hungary and Rumania have charged the Governments of those countries with violations of the Treaties of Peace and have called upon those Governments to take remedial measures,

WHEREAS the Governments of Bulgaria, Hungary and Rumania have rejected the charges of Treaty violations,

WHEREAS the Governments of the Allied and Associated Powers concerned have sought unsuccessfully to refer the question of Treaty violations to the Heads of Mission in Sofia, Budapest and Bucharest, in pursuance of certain provisions in the Treaties of Peace,

WHEREAS the Governments of these Allied and Associated Powers have called upon the Governments of Bulagaria, Hungary and Rumania to join in appointing Commissions pursuant to the provisions of the respective Treaties of Peace for the settlement of disputes concerning the interpretation or execution of these Treaties, WHEREAS the Governments of Bulgaria, Hungary and Rumania have refused to appoint their representatives to the Treaty Commissions, maintaining that they were under no legal obligation to do so,

WHEREAS the Secretary-General of the United Nations is authorized by the Treaties of Peace, upon request by either party to a dispute, to appoint the third member of a Treaty Commission if the parties fail to agree upon the appointment of the third member,

WHEREAS it is important for the Secretary-General to be advised authoritatively concerning the scope of his authority under the Treaties of Peace,

The General Assembly

1. Expresses its continuing interest in and its increased concern at the grave accusations made against Bulgaria, Hungary and Rumania. 2. Records its opinion that the refusal of the Governments of Bulgaria, Hungary and Rumania to co-operate in its efforts to examine the grave charges with regard to the observance of human rights and fundamental freedoms justifies this concern of the General Assembly about the state of affairs prevailing in Bulgaria, Hungary and Rumania in this respect;

3. Decides to submit the following questions to the International Court of Justice for an advisory opinion:

"I. Do the diplomatic exchanges between Bulgaria, Hungary and Rumania on the one hand and certain Allied and Associated Powers signatories to the Treaties of Peace on the other, concerning the implementation of article 2 in the Treaties with Bulgaria and Hungary and

article 3 in the Treaty with Rumania, disclose disputes subject to the provisions for the settlement of disputes contained in article 36 of the Treaty of Peace with Bulgaria, article 40 of the Treaty of Peace with Hungary, and article 38 of the Treaty of Peace with Rumania?"

In the event of an affirmative reply to question I:

"II. Are the Governments of Bulgaria, Hungary and Rumania obligated to carry out the provisions of the articles referred to in question I, including the provisions for the appointment of their representatives to the Treaty Commissions?"

In the event of an affirmative reply to question II and if within thirty days from the date when the Court delivers its opinion the Governments concerned have not notified the Secretary-General that they have appointed their representatives to the Treaty Commissions, and the Secretary-General has so advised the International Court of Justice:

"III. If one party fails to appoint a representative to a Treaty Commission under the Treaties of Peace with Bulgaria, Hungary and Rumania where that party is obligated to appoint a representative to the Treaty Commission, is the Secretary-General of the United Nations authorized to appoint the third member of the Commission upon the request of the other party to a dispute according to the provisions of the respective Treaties?"

In the event of an affirmative reply to question III:

"IV. Would a Treaty Commission composed of a representative of one party and a third member appointed by the Secretary-General of the United Nations constitute a commission, within the meaning of the relevant Treaty articles, competent to make a definitive and binding decision in settlement of a dispute?"

4. Requests the Secretary-General to make available to the International Court of Justice the relevant exchanges of diplomatic correspondence communicated to the Secretary-General for circulation to the Members of the United Nations and the records of the General Assembly proceedings on this question;

5. Decides to retain on the agenda of the fifth regular session of the General Assembly the question of the observance of human rights and fundamental freedoms in Bulgaria, Hungary and Rumania, with a view to ensuring that the charges are appropriately examined and dealt with.

263. DEMOCRATIC PROCEDURES IN EASTERN EUROPE Report of President Truman on the Berlin Conference, August 9, 1945 (Excerpt)1

At Yalta it was agreed... that the three governments would assume a common responsibility in helping to reestablish in the liberated and satellite nations of Europe governments broadly representative of democratic elements in the population. That responsibility

1 Department of State Bulletin of August 12, 1945, p. 211. See Atlantic Charter, Declaration of United Nations, Crimea (Yalta) Protocol, and Berlin (Potsdam) Protocol, printed under I. Wartime Documents Looking Toward Peace.