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will be discussed there will be the possible machinery of such a system.
The United States Government considers that it would be entirely practicable to derise a trusteeship system which would apply only to such territories in the following categories as may, by trusteeship arrangements. be placed thereunder, namely: (a) territories now held under mandate; (b) territories which may be detached from enemy states as a result of this war; and (c) territories voluntarily placed under the system by states responsible for their administration. It shall be a matter for subsequent agreement as to which of the specific territories within the foregoing categories shall be brought under the trusteeship system and upon what terms.
This system would provide, by agreements, for (1) the maintenance of United States military and strategic rights, (2) such control as will be necessary to assure general peace and security in the Pacific Ocean area as well as elsewhere in the world, and (3) the advancement of the social, economic, and political welfare of the inhabitants of the dependent territories.
GUIDING PRINCIPLES FOR THE UNITED STATES DELEGATION The policy toward dependent territories and trusteeship had now been carefully coordinated within our own Government. The United States Delegation had a set of guiding principles, the chief points of which were:
(1) Recognition that the principles of the Atlantic Charter are applicable to all peoples of the world, including dependent peoples;
(2) Recognition of the principle that the administration and development of dependent peoples is a proper concern of the world community and of the international organization;
(3) That, subject to prior agreement of the states directly concerned,
(a) territories now administered under the mandates system may be placed under the new trusteeship system if and when such agreement is reached;
(b) territories which are detached from enemy states in this war may be placed and administered under the trusteeship system when such agreement is reached ; and
(?) the trusteeship system should be available to dependent territories other than those in (a) and (b) above when the states controlling them voluntarily agree;
(4) That the trusteeship system evolved as a part of the Charter should be so designed as fully to protect the security interests of an administering power;
(5) That self-government or independence should be the ultimate goal for all peoples who are capable of exercising the responsibilities involved, and that administering states should be responsible for the political advancement of the peoples under their authority;
(6) That all dependent territories should be administered in accordance with the principles that the interest of the inhabitants and their welfare and development are a primary concern;
(7) That the welfare and development of dependent peoples and the maintenance of international peace and security are closely inter-related :
(8) That the trust territories should be administered under the principle of squal treatment in social, economic, and commercial matters for all members of the international organization and their nationals;
(9) That the proposed Trusteeship Chapter of the Charter in and of itself should not alter the existing rights of any states or any peoples, but that alterations of the terms of existing mandates or other territories could be made only by subsequent agreement of the states directly concerned subject to the approval of
the Organization. On May 27, 1945 in a radio broadcast to the people of the United States and the world, Secretary of State Stettinius summarized the United States position as follows:
"... We have stood with equal firmness for a trusteeship system that will foster progress toward higher standards of living and the realization of human rights and freedoms for dependent peoples, including the right to independence or another form of self-government, such as federation--whichever the people of the area may choose—when they are prepared and able to assume the responsibilities of national freedom as well as to enjoy its rights.
"The United States has demonstrated this long standing policy in the Philippines. It looks forward to the time when many other now dependent peoples may achieve the same goal.
“I regard the provisions which are being made in the Charter for the advancement of dependent peoples, and for the promotion of human rights and freedoms, as of the greatest importance."
AGREEMENT BY UNITED NATIONS REACHED AT SAN FRANCISCO
As soon as the Conference convened in San Francisco, steps were taken to initiate the Five Power consultations on trusteeship which had been provided for in the Yalta agreement. The Five Powers consisted of the four Sponsoring Powers and France. The preliminary consultations among these powers were held at San Francisco simultaneously with the Committee sessions of the Conference. In the course of these consultations the Five Powers also took into consideration proposals advanced by other delegations. These consultations resulted in the formulation of a Working Paper on Trusteeship which formed, in the absence of any Dumbarton Oaks provision on the subject, the basic document for the deliberations of the Conference Technical Committee on Trusteeship.
After weeks of negotiation and discussion in the Technical Committee, the final draft was completed and approved by the Conference. The finished chapters represent the most comprehensive set of guiding principles for states administering dependent territories ever agreed upon by an international body, together with the mechanism of a practical and workable system of international trusteeship. The essential provisions of these chapters are outlined below.
PRINCIPLES APPLYING TO ALL NON-SELF-GOVERNING TERRITORIES (ARTICLES
73 AND 74)
1. States responsible for administering dependent territories recognize that the interests of the dependent peoples are a primary concern and accept the obligation to promote their well-being by:
(a) ensuring, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;
(b) developing self-government, taking due account of their political aspirations, and assisting in the development of free political institutions, according to the circumstances of each territory and its peoples and their varying stages of advancement;
(c) furthering international peace and security;
(d) promoting measures of development, encouraging research, and cooperating with each other and with international bodies in order to achieve the social, economic, and scientific purposes set forth; and
(e) transmitting regularly to the Secretary-General for information purposes, statistical and other information concerning economic, social, and educational conditions, subject to security
and constitutional considerations. 2. The members also agree to base their policy with respect to dependent territories on the principle of good neighborliness, taking due account of the interests and well-being of the other members of the world community in social, economic, and commercial matters.
THE INTERNATIONAL TRUSTEESHIP SYSTEM
1. The Organization shall establish a trusteeship system for such territories as may be placed under the system by future individual agreements. 2. The basic objectives of the system shall be:
(a) to further international peace and security:
(b) to promote the advancement of dependent peoples and their development toward self-government or independence in accordance with their particular circumstances, the wishes of the peoples, and the terms of the subsequent trusteeship agreements;
(c) to encourage respect for human rights and freedoms with out discrimination and to recognize the interdependence of all the peoples of the world; and
(d) to ensure equal treatment for the United Nations and their nationals in social, economic and commercial matters and for
their nationals in the administration of justice. 3. The system shall apply to such territories under mandate, or detached from enemy states in this war, or voluntarily placed under it by states responsible for their administration, as may be brought under the system by means of trusteeship agreements. However, the
system shall not apply to territories which have become Members of the United Nations.
4. The terms of trusteeship for any territory shall be agreed upon by the states directly concerned.
5. Nothing in the Trusteeship Chapter itself shall alter any existingh rights of states or peoples or any international instruments Any such alterations must be the subject of future trusteeship agreements. This provision shall not be interpreted as constituting grounds for delay in the consummation of such agreements.
6. The trusteeship agreement for each territory shall include the terms of administration and designate one or more states or the Organization itself as the administering authority.
7. A strategic area or areas, including all or part of any trust territory, may be designated in a trusteeship agreement.
8. All functions of the United Nations relating to such strategic areas shall be exercised by the Security Council, but the objectives of the system shall be applicable to the people of such areas. The Security Council shall utilize the assistance of the Trusteeship Council in political, economic, social, and educational matters, subject to the provisions of the trusteeship agreements and without prejudice to security considerations.
9. Each administering authority shall be required to ensure that the territory it administers plays its part in maintaining world peace and security; the authority may use volunteer forces and assistance from the territory for this purpose as well as for local defense and the maintenance of law and order.
10. The General Assembly shall exercise all the functions of the Organization for areas not designated as strategic.
11. A Trusteeship Council shall be established to assist the General Assembly. This Trusteeship Council shall consist of Members of the United Nations administering trust territories, such of the permanent members of the Security Council as are not administering trust territories, and a sufficient number of other Members to ensure an equal division in the membership of the body between those states administering and those states not administering trust territories. Each member of the Trusteeship Council shall designate one specially qualified representative.
12. The General Assembly, and under its authority, the Trusteeship Council, may consider reports by the administering authorities, accept and examine petitions in consultation with the administering authorities, provide for visits to the territories under its competence, and take other actions in conformity with the trusteeship agreements.
13. The administering authorities for all non-strategic territories shall make annual reports to the General Assembly on the basis of questionnaires prepared by the Trusteeship Council.
14. Each member of the Trusteeship Council shall have one vote and its decisions shall be made by a majority of those present and voting.
15. The Trusteeship Council shall adopt its own rules of procedure and the method of choosing its President.
16. The Trusteeship Council shall, when appropriate, utilize the assistance of the Economic and Social Council and the specialized agencies.
THE TRUSTEESHIP SYSTEM COMPARED WITH THE MANDATES SYSTEM
The trusteeship system provided for in this Charter marks a positive advance from the mandates system in several important respects. The new system preserves intact the principle of international responsibility for certain types of dependent territories while making an entirely realistic allowance for security requirements. It faces frankly the fact, as the mandates system failed to do, that such territories in the future must be administered in a manner that will further international peace and security.
The new system is also more elastic than the old. It avoids the rigid and artificial classification of territories into A, B, and C categories, typical of the mandates system, and permits each individual territory under the system to be dealt with according to the needs and circumstances peculiar to it. It thus recognizes the very great diversity with respect to population, resources, geographical location and stage of advancement of the peoples, characteristic of the territories which are eligible for the system.
The Trusteeship Council established under the new system should prove to be a more important and effective organ than the Permanent Mandates Commission in that its membership will be composed of states, represented by official, specially qualified persons, and it will be listed as one of the principal organs of the United Nations,
In the proposed trusteeship system more emphasis is placed on the positive promotion of the welfare of the inhabitants of the trust territories than in the mandates system, whose function was primarily negative and policing. Even in this latter respect, however, the new system, unlike the old, makes specific and formal provision for the power to accept petitions and the authority to make periodic visits to trust territories coming under the competence of the General Assembly.
SUMMARY In brief, this chapter represents an agreement among the United Nations to set up an international trusteeship system which would make it possible for nations to continue to subscribe to the principle adopted at the end of the last war that neither the dependent terri. tories detached from enemy states, nor the inhabitants thereof, should be objects of barter among victorious nations, or subject to exploitation by them, but should be administered in the interest of the native populations and in a manner which will provide equal economic opportunity for all nations.
All these objectives can be achieved while, at the same time, the security interests of the administering power, and of all the other United Nations, in any territories now under mandate which may be placed under the trusteeship system, or any that may be detached from the enemy and which may be placed under the system, will be fully safeguarded. There is a broad freedom of action, however, for the future policy of the United States vis-à-vis any such territories.
For the first time there has been incorporated in a multilateral agreement a broad statement of guiding principles respecting the administration of all dependent territories, together with special arrangements relating to security needs. These principles recognize the well-being and advancement of dependent people the world over as a proper concern of the community of nations.