265 Australian Delegation, United Nations, to Department of External Affairs

Cablegram UN857 NEW YORK, 30 November 1946, 4.10 p.m.

MOST IMMEDIATE SECRET

Assembly 296.

Trusteeship Sub-Committee One.

New Guinea New Article.

1. Reference Paragraph 15 of Assembly 287 [1] text of the suggested New Article herewith for Minister's consideration.

2. It will be seen that Paragraph (1) does not follow the other texts in providing expressly for reports to United Nations, arrangements concerning periodic visits and the like. These seem to be sufficiently covered in the Charter.

3. We have not expressed the undertakings concerning administrative measures as an express continuation of existing policy lest this should seem to limit the agreement by past measures. Continuity could be emphasised in the opening statement.

4. We may be pressed in view of our insistence on omitting repetition of Charter provisions to Annex Chapters 12 and 13. [2]

5. Earliest possible reply appreciated with a view to lodgment of additional Article at best tactical moment.

6. Text Follows:

Article 8.

The Administering Authority undertakes that in the discharge of its obligations under Article 3 of this Agreement- (I) It will cooperate fully with the Trusteeship Council in the discharge of all the Council's functions under Articles 87 and 88 of the Charter, (II) It will- (A) Take into consideration the customs and usages of the inhabitants of New Guinea and respect the rights and safeguard the interests, both present and future, of the indigenous inhabitants of the territory, and in particular ensure that no rights over native land in favour of any person not an indigenous inhabitant of New Guinea may be created or transferred except with the consent of the competent public authority.

(B) Promote, as may be appropriate to the circumstances of the territory, the educational advancement of the inhabitants and to this end take steps towards the development of a general system of elementary education and facilitate the vocational and cultural advancement of the population.

(C) Assure to the inhabitants of the territory, as may be appropriate to the particular circumstances of the territory and its peoples, a progressively increasing share in the administrative and other services of the territory, develop the participation of the inhabitants of the territory in advisory and legislative bodies and in the Government of the Territory, and assist the peoples of the Territory in the progressive development of free political institutions.

(D) Guarantee to the inhabitants of the Territory, subject only to the requirements of public order, freedom of speech, of the press, of Assembly and petition, freedom of conscience and worship and of religious teaching.

1 Document 263.

2 i.e. the chapters in the U.N. Charter headed 'International Trusteeship System' and 'The Trusteeship Council'.

[AA:A1838/1, 306/1/4]