It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms. The trusteeship system shall not apply to territories which have become members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.

4. The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by one of the United Nations, and shall be approved as provided for in paragraphs 8 and 10.

5. Except as may be agreed upon in individual trusteeship agreements, made under paragraphs 3, 4, and 6, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which member states may respectively be parties. This paragraph shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in paragraph 3.

6. The trusteeship agreement in each case shall include the terms under which the territory will be administered and designate the authority which shall exercise the administration of the trust territory. Such authority, hereafter called the administering authority, may be one or more states or the United Nations itself.

7. In addition, there may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreements made under Chapter VIII, Section B, paragraph 5.

8. All functions of the United Nations relating to such strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council. The basic objectives as provided for in paragraph 2 shall be applicable to the people of each strategic area. The Security Council shall, without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council provided for in paragraph 11 to perform those functions of the United Nations under the trusteeship system relating to political, economic, social, and educational matters in the strategic areas, subject to the provisions of the trusteeship agreements.

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

10. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall 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 shall be established a Trusteeship Council, which shall operate under the authority of the Assembly. The Trusteeship Council shall consist of specially qualified representatives designated (a) one each by the states administering trust terri

tories; (b) one each by those of the states mentioned by name in Chapter VI, Section A, which are not administering trust territories; and (c) one each by as many other states elected for three-year periods by the General Assembly as may be necessary to insure that the total number of representatives is equally divided between administering and non-administering states. The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of other bodies which are brought into relationship with the United Nations, in regard to matters with which they are respectively concerned.

12. The Trusteeship Council shall adopt its own rules of procedure and the method of selecting its president. The Trusteeship Council shall meet as required in accordance with rules adopted by the Council. These rules shall include provision for the calling of a meeting on the request of a majority of the members of the Council.

13. The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, shall be empowered to consider reports submitted by the administering authority, to accept petitions and examine them in consultation with the administering authority, to provide for periodic visits to the respective trust territories at times agreed upon with the administering authority, and to take these and other actions in conformity with the terms of the trusteeship agreements.

14. The administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of a questionnaire formulated by the Trusteeship Council on the political, economic, social, and educational advancement of the inhabitants of the trust territory.

15. There shall be a permanent staff of the Trusteeship Council, which shall constitute a part of the Secretariat of the United Nations.

ANNEX B

TO REPORT OF RAPPORTEUR OF COMMITEE 11/4

Questions asked by the Delegate of the Netherlands of the Delegate of the United States in regard to the interpretation of Section A of the Trusteeship chapter.

The Delegate of the Netherlands: The questions are―

I. Do the purposes and obligations formulated in paragraph 1 imply that the states members concerned should enact appropriate protection of the arable land of the non-self-governing peoples for whose administration they have responsibilities?

II. Do these purposes and obligations imply that such states members should abolish penal sanctions on contract labor, in accordance with existing and future labor conventions?

III. Does an obligation-at least a moral obligation-result from this chapter and the Charter as a whole for the states members concerned to eliminate, in the territories under consideration, all discrimination resulting from feelings of racial superiority and to combat such feelings by education and by all other adequate means? The Delegate of the United States:

In accordance with the provisions of Section A, I would consider it clear that the abuses you refer to are included in the abuses against which the people concerned are to be protected and the obligation referred to in paragraph 1 covers this situation.

ANNEX C

TO REPORT OF RAPPORTEUR OF COMMITEE 11/4

Joint Statement by the Delegates of the United Kingdom and the
United States

As requested by the Chairman of Committee II/4 at its fourteenth meeting (Doc. 1018, page 6) the Representatives of the United Kingdom and the United States in Committee II/4 submit the following statement for inclusion in the Rapporteur's Report.

1. If a state administering a trust territory commits an act of aggression, what consequences will follow in relation to its trust? The powers of the Security Council as defined in Chapter VIII of the Charter are not limited to dealing with acts of aggression. The Security Council may investigate any situation which may lead to international friction or give rise to a dispute, in order to determine whether its continuance is likely to endanger the maintenance of international peace and security. Any member of the United Nations may bring any such situation to the attention of the General Assembly or of the Security Council. If the Security Council should in any particular case decide that the continuance of the situation is in fact likely to endanger the maintenance of international peace and security it may recommend appropriate procedures or methods of adjustment. In this way a trustee state which showed signs of aggressive intentions or had committed an aggression could be dealt with, whether it were still a member of the Organisation or not. In general, however, the same considerations apply as are explained in reply to Question 2, namely that the action to be taken in such a case can only be decided upon at the time and in the light of all relevant circumstances.

2. If a state withdraws from the United Nations Organization and continues to hold a trust territory under the Charter, how is the Organization to continue to exercise its responsibilties with respect to the administration of that trust territory?-If a state withdraws for reasons which reflect no discredit upon it, and if it declares its willingness to continue to abide by the terms of the trusteeship system, although itself ceasing to be a member of the General Assembly or Trusteeship Council, there should be no reason for transferring the trust territory. There is no inherent reason why the system of annual reports, petitions, periodic visits, et cetera, could not continue in such circumstances and the administering authority could be given the opportunity (though not compelled) to attend meetings of the Trusteeship Council when matters affecting its trust territories are under consideration. Moreover, if after ceasing to be a member of the United Nations, the administering authority committed violations of the trust, any measures which are provided elsewhere in the Charter against member states could be invoked equally against the state in question. If, however, the state were allowed to withdraw for other reasons, or were expelled, and did not voluntarily consent to the transfer of the trust to another authority, the resulting situation could only be judged by the General Assembly and the Security Council on its merits in the light of all the circumstances prevailing at the time. It is impossible to make provision in advance for such a situation.

(The Committee expressed its thanks to the Delegates of the United Kingdom and the United States for their interpretation. It was de

cided that, while the statement should not be regarded as an expression of the views of the Committee, it should be appended to the Rapporteur's Report as an Annex.)

ANNEX D

TO REPORT OF RAPPORTEUR OF COMMITTEE 11/4

Statement by the Delegate of France

The French Delegation considers it necessary to make it clear that none of the provisions submitted for the approval of this Committee implies total or partial renunciation by the French Government of the right to take advantage of Article 8 of Chapter II, by virtue of which, subject to certain provisions of Chapter VIII, nothing contained in this Charter shall authorize the Organization to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the members to submit such matters to settlement under this Charter.

Verbatim Minutes of First Meeting of Commission II, May 30

Doc. 719, May 31

PRESIDENT (Field Marshal Smuts, Union of South Africa): Ladies and Gentlemen, I declare this meeting of the second Commission duly open. As you know, our Conference is arranged in four commissions. This is the second Commission. These four commissions are intended to divide the work of the Conference among them so as to give very full and adequate consideration to all the various sections of the Charter.

The first Commission deals with general provisions, purposes, and principles of the Organization.

Our second Commission, meeting here today, deals with the General Assembly and some of its more important functions.

The third Commission deals with the question, the all-important question, of seeurity, whereas the fourth Commission deals with the judicial questions, the international tribunal of justice, and the various legal aspects of the work which will arise from the Charter.

These four commissions of the Conference are again divided into committees, and there are 12 of these committees which are intended to give more detailed consideration to the various aspects of the Organization as a whole.

We are today here going to consider the report of the first Committee of the second Commission. In the second Commission we have four committees. The first Committee, the Committee whose work we are now going to consider, deals with the structure and procedure of the General Assembly.

There is a second Committee which deals with the political and security functions of the Assembly under the Charter.

Then there is a third Committee, dealing with economic and social cooperation, the organization which has to be set up for that purposethe Economic and Social Council. And finally, the fourth Committee of our Commission deals with the interesting and important subject of trusteeship. Our work is confined today to the report which has been rendered us by the first Committee, the Committee which deals with structure and procedure. It had 13 meetings, and even now its work is not quite complete. A number of matters before it have to stand over because they are interlocked with the work of other committees. Until those committees have decided, it is not possible for Committee 1 to make final recommendation to us. There are also matters standing over which will probably have to be considered by this Committee but which are not yet ripe for consideration. These are matters which the Committee has not been able to consider yet; but apart from these matters standing over, the great bulk of the work before this first Committee has been disposed of and is before us in the report which is before you, and with which we are going to deal today. At this stage, I just want to express our very warm apprecia