(b) None of the Governments concerned shall be obliged to accept any ship assigned to it under this Protocol if such Government deems the ship unsuitable for its purpose, but in that case the Four Powers shall ensure that such ship, unless it is an auxiliary naval vessel, be scrapped or sunk by the Italian Government within nine months from the coming into force of the Treaty. 1

1

3.-A Commission, to be known as the Four Power Naval Commission, shall be set up, to meet for the first time immediately after the signature both of the Treaty of Peace with Italy and of this Protocol. This Commission shall make all detailed arrangements necessary to effect the transfer of the excess units of the Italian Fleet, together with their spare parts and armament stores, to the beneficiary Powers, in conformity with the naval clauses of the said Treaty.

4. By invitation of the French Government, the Commission will meet in Paris, where it will operate under the authority of the Council of Foreign Ministers, and carry out all preliminary work practicable prior to the coming into force of the Treaty.

5. Upon the coming into force of the Treaty, the Commission will move to Rome, where it will operate under the authority of the Ambassadors of the Soviet Union, the United Kingdom, the United States of America and of France.

6. All orders and instructions by the Commission shall be issued in the name of the Four Ambassadors, and shall be communicated by them to the Italian Government for execution.

7.-The Commission shall have the right to co-opt the services of representatives of Greece, Yugoslavia and Albania, when matters affecting these States are under discussion, and to call for such Italian representation as may be found necessary to the execution of the work of the Commission.

8. The Annex to this Protocol will be published at a later date.

1 Treaty of Peace with Italy entered into force September 15, 1947.

70. DISPOSAL OF FORMER ITALIAN COLONIES Resolution of the General Assembly, November 21, 1949 1

The General Assembly,

In accordance with Annex XI, paragraph 3, of the Treaty of of Peace with Italy, 1947, whereby the Powers concerned 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 the Four Power Commission of Investigation, having heard spokesmen of organizations representing substantial sections of opinion in the territories concerned, and having taken into consideration 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 provisions of the Charter,

A. With respect to Libya, recommends:

1. That Libya, comprising Cyrenaica, Tripolitania and the Fezzan, shall be constituted an independent and sovereign State; 2. That 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, shall 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 Libya in the formulation of the constitution and the establishment of an independent Government, there shall be a United Nations Commissioner in Libya appointed by the General Assembly and a Council to aid and advise him;

5. That the United Nations Commissioner, in consulation with the Council, shall submit to the Secretary-General 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 Government of each of the following countries: Egypt, France, Italy, Pakistan, the United Kingdom of Great Britain and Northern Ireland 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 appoint the representatives mentioned in Paragraph 6 (b), after consultation with the administering Powers, the representatives of the Governments mentioned in paragraph 6 (a), leading personalities and representatives of political parties and organizations in the territories concerned;

1 General Assembly roundup, fourth regular session. Press Release GA/600, Part I, pp. 1-5.

8. That, in the discharge of his functions, the 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 offer 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 United Nations 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 independence, cooperate in the formation of governmental institutions and co-ordinate their activities to this end;

(c) Make an annual report to the General Assembly on the steps taken to implement these recommendations; 11. That upon its establishment as an independent State, Libya shall be admitted to the United Nations in accordance with Article 4 of the Charter;

B. With respect to Italian Somaliland, recommends:

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

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

3. That during the period mentioned in paragraph 2, Italian Somaliland shall be placed under the International Trusteeship System with Italy as the Administering Authority;

The

4. That the Administering Authority shall be aided and advised by an Advisory Council composed of representatives of the following States: Colombia, Egypt and the Philippines. The headquarters of the Advisory Council shall be Mogadiscio. precise terms of reference of the Advisory Council shall be determined in the Trusteeship 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 Trusteeship Council, to participate without vote in the debates of the Trusteeship Council on any question relating to this territory;

5. That the Trusteeship Council shall negotiate with the Administering Authority the draft of a Trusteeship Agreement 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 principles guaranteeing the rights of the inhabitants of Somaliland and providing for institutions designed to ensure the inauguration, development and subsequent establishment of full self-government.