Section C. Functions and Powers of the Economic and Social Council

1. The Economic and Social Council should be empowered:

Insert after paragraph a new paragraph as follows:

To make recommendations for promoting respect for human rights and fundamental freedoms;

b. To make recommendations, on its own initiative with respect to international economic, social, cultural and other humanitarian matters;

c. To receive and consider reports from the economic, social, cultural and other organizations or agencies brought into relationship with the Organization, and to coordinate their activities through consultations with, and recommendations to, such organizations or agencies;

Section D. Organization and Procedure

1. The Economic and Social Council should set up an economie commission, a social commission and such other commissions as may be required commissions in the fields of economic activity, social activity, cultural activity, promotion of human rights and any other field within the competence of the Council. These commissions should consist of experts. There should be a permanent staff which should constitute a part of the Secretariat of the Organization.

CHAPTER X. THE SECRETARIAT

1. There should be a Secretariat comprising a Secretary-General, four deputies and such staff as may be required. The Secretary-General should be the chief administrative officer of the Organization. He should be elected by the General Assembly, on recommendation of the Security Council, for such term and under such conditions as are specified in the Charter. The Secretary-General and his deputies should be elected by the General Assembly on recommendation of the Security Council for a period of three years, and the Secretary-General should be eligible for re-election. The Secretary-General should be the chief administrative officer of the Organization.

4. In the performance of their duties, the Secretary-General and the staff should be responsible only to the Organization. Their responsibilities should be exclusively international in character, and they should not seek or receive instructions in regard to the discharge thereof from any authority external to the Organization. The members should undertake fully to respect the international character of the responsibilities of the Secretariat and not to seek to influence any of their nationals in the discharge of such responsibilities.

CHAPTER XI. AMENDMENTS

1. The present Charter comes into force after its ratification in accordance with their respective constitutional processes by the members of the Organization having permanent seats on the Security Council and by a majority of the other members of the Organization.

Note: The existing text of Chapter XI becomes paragraph 2.

2. A general conference of the members of the United Nations may be held at a date and place to be fixed by a three-fourths vote of the General Assembly with the concurrence of the Security Council voting in accordance with the provisions of Chapter VI, Section C, paragraph 2, for the purpose of reviewing the Charter. Each member shall have one vote in the Conference. Any alterations of the Charter recommended by a two-thirds vote of the Conference shall take effect when ratified in accordance with their respective constitutional processes by the members of the Organization having permanent membership on the Security Council and by a majority of the other members of the Organization.

APPENDIX 63 May 4, 1945 75

Additional Amendments to the Dumbarton Oaks Proposals Proposed by the United States

(NOTE: Amendments are indicated by underscoring (italicizing] added passages and striking out [using canceled type for] deleted passages.)

CHAPTER V. THE GENERAL ASSEMBLY

Section B-Functions and Powers

New paragraph to follow paragraph 6:

Subject to the provisions of paragraph 1 of this Section, the General Assembly should be empowered to recommend measures for the peaceful adjustment of any situations, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the Purposes and Principles set forth in this Charter.

CHAPTER VIII. ARRANGEMENTS FOR THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY INCLUDING PREVENTION AND SUPPRESSION OF AGGRESSION

Section C-Regional Arrangements

2. The Security Council should, where appropriate, utilize such arrangements or agencies for enforcement action under its authority. But no enforcement action should be taken under regional arrangements or by regional agencies without the authorization of the Security Council with the exception of measures against enemy states in this war provided for pursuant to Chapter XII, paragraph 2, or, in regional arrangements directed against renewal of aggressive policy on the part of such states, until such time as the Organization may, by consent of the Governments concerned, be charged with the responsibility for preventing further aggression by a State now at war with the United Nations.

ARRANGEMENTS FOR INTERNATIONAL TRUSTEESHIP

Additional Chapter Proposed by the United States

(NOTE: This draft deals with principles and mechanism only and makes no assumption about the inclusion of any specific territory.) 76

(NOTE 2: If this draft is to be included as a chapter of the Charter of the Organization, the relevant paragraphs and clauses of the Charter would require revision in order that they might be brought into harmony with the trusteeship provisions.)

1. The Organization should establish under its authority a system of international trusteeship for the administration and supervision of such territories as may be placed thereunder by subsequent agreement.

75 As submitted to the San Francisco Conference at midnight same date. The first two of the three amendments became joint sponsors' proposals on May 7, and were issued as such on May 11 by the United Nations Conference on International Organization in General Series Document 2 (English) G/29a.

TO With the addition of the second parenthesized note, this document is the same as the United States proposal completed and dated Apr. 26, 1945.

2. The basic objectives of the trusteeship system should be: (a) to further international peace and security; (b) to promote the political, economic, and social advancement of the trust territories and their inhabitants and their progressive development toward self-government; and (c) to provide for nondiscriminatory treatment in trust territories with respect to the economic and other appropriate civil activities of the nationals of all member states.

3. The trusteeship system should apply only to such territories in the following categories as may be placed thereunder by means of trusteeship arrangements: (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 would be a matter for subsequent agreement as to which territories would be brought under a trusteeship system and upon what terms.

4. The trusteeship arrangement for each territory to be placed under trusteeship should be agreed upon by the states directly concerned and should be approved as provided for in paragraphs 7 and 8 below.

5. The trusteeship arrangements in each case should include the terms under which the territory will be administered.

6. There may be designated, in the trusteeship arrangement, a strategic area or areas which may include part or all of the territory to which the arrangement applies.

7. All functions of the Organization relating to strategic areas, including the approval of the trusteeship arrangements and their alteration or amendment, should be exercised by the Security Council.

8. The functions of the Organization with regard to trusteeship arrangements for all other areas should be exercised by the General Assembly.

9. In order to assist the General Assembly to carry out those functions under the trusteeship system not reserved to the Security Council, there should be established a Trusteeship Council which would operate under its authority. The Trusteeship Council should consist of specially qualified representatives, designated (a) one each by the states administering trust territories; and (b) one each by an equal number of other states named for three-year periods by the General Assembly.

10. The General Assembly, and under its authority, the Trusteeship Council, in carrying out their functions, should be empowered to consider reports submitted by the administering authorities, to accept petitions, to institute investigations, and to take other action within their competence as defined by the trusteeship arrangements.

11. The administering authority in each trust territory within the competence of the General Assembly should make an annual report to the General Assembly upon the basis of a questionnaire formulated by the Trusteeship Council.

APPENDIX 64 May 15, 1945"

Proposed Working Paper for Chapter on Dependent Territories and Arrangements for

International Trusteeship

Underlined [italicized] portions indicate new matter added to United States draft for reference and convenience in consideration of proposed working paper for chapter on dependent territories and arrangements for international trusteeship.

(This paper is not proposed by any government at this time and does not constitute a withdrawal of the proposals put forward by any government.)

(NOTE: This draft deals with principles and mechanism only and makes no assumption about the inclusion of any specific territory.)

(NOTE: Section A might be considered for inclusion in the Chapter on Principles.)

A. General Policy

1. States members of the United Nations which have responsibilities for the administration of territories inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world accept the general principle that it is a sacred trust of civilization to promote to the utmost the well-being of the inhabitants of these territories within the world community, and to this end:

(i) to insure the economic and social advancement of the peoples concerned; (ii) to develop self-government in forms appropriate to the varying circumstances of each territory; and

(iii) to further international peace and security.

2. States members also agree that their policy in respect of such territories, no less than in respect to their metropolitan areas, must be based on the general principle of good-neighborliness, due account being taken of the interests and well-being of other members of the world community, in social, economic, and commercial matters.

B. Territorial Trusteeship System

1. The Organization should establish under its authority an international system of trusteeship for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements and set up suitable machinery for these purposes.

2. The basic objectives of the trusteeship system should be: (a) to further international peace and security; (b) to promote the political, economic, and social advancement of the trust territories and their inhabitants and their progressive development toward self-government in forms appropriate to the varying circumstances of each territory; and (c) to ensure equal treatment in social, economic, and commercial matters for all members of the United Nations without prejudice to the attainment of (a) and (b) above, and subject to the provisions of paragraph 5, below.

3. The trusteeship system should apply only to such territories in the following

"The United Nations Conference on International Organization, Commission II, General Assembly, Committee 4, Trusteeship System, Doc. 323 (English), May 15, 1945. This document as issued presented practically identical texts of the Working Paper in two forms; the second only is reproduced here.

categories as may be placed thereunder by means of trusteeship arrangements: (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 would be a matter for subsequent agreement as to which territories would be brought under a trusteeship system and upon what terms. The trusteeship system should not apply to territories which have become members of the United Nations.

4. The trusteeship arrangement for each territory to be placed under trusteeship should be agreed upon by the states directly concerned and should be approved as provided for in paragraphs 8 and 10 below.

5. Except as may be agreed upon in individual trusteeship arrangements placing each territory under the trusteeship system, nothing in this chapter should be construed in and of itself to alter in any manner the rights of any state or any peoples in any territory.

6. The trusteeship arrangements in each case should include the terms under which the territory will be administered and designate the state which should exercise the administration of the territory or designate the United Nations Organization itself to exercise the administration of the territory.

7. There may be designated, in the trusteeship arrangement, a strategic area or areas which may include part or all of the territory to which the arrangement applies.

8. All functions of the Organization relating to such strategic areas, including the approval of the trusteeship arrangements and their alteration or amendment, should be exercised by the Security Council. The basic objectives as provided for in paragraph B. 2 above should be applicable to the people of each strategic area. The Security Council may avail itself of the assistance of the Trusteeship Council provided for in paragraph 11 below to perform those functions of the Organization under the trusteeship system relating to political, economic, and social matters in the strategic areas, subject to the provisions of the trusteeship arrangements.

9. It shall be the duty of the state administering any trust territory to insure that the territory shall play its part in the maintenance of international peace and security. To this end the state shall be empowered to make use of volunteer forces, facilities, and assistance from the territory in carrying out the obligations undertaken by the state for the Security Council in this regard and for local defense and the maintenance of law and order within the territory.

10. The functions of the Organization with regard to trusteeship arrangements for all areas not designated as strategic should be exercised by the General Assembly.

11. In order to assist the General Assembly to carry out those functions under the trusteeship system not reserved to the Security Council, there should be established a Trusteeship Council which would operate under its authority. The Trusteeship Council should consist of specially qualified representatives, designated (a) one each by the states administering trust territories, and (b) one each by an equal number of other states named for three-year periods by the General Assembly.

12. The General Assembly, and under its authority, the Trusteeship Council, in carrying out their functions, should be empowered to consider reports submitted by the administering state, to accept petitions and examine them in consultation with the administering state, to make periodic visits to the respective territories at times agreed upon with the administering state, and to take other action, in conformity with the trusteeship arrangements.

13. The administering authority in each trust territory within the competence of the General Assembly should make an annual report to the General Assembly upon the basis of a questionnaire formulated by the Trusteeship Council.