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

Cablegram UN896 NEW YORK, 4 December 1946, 4.18 a.m.

URGENT SECRET

Assembly 329.

Trusteeship.

1. Rapid development of sub-committee work tonight 3rd December,
necessitated initiative along the lines approved in your
U.N.Y.440. [1] In the absence of the Ambassador, who was visiting
the President in Washington in connection with the Air Agreement


report on proposed modifications both in conformity with your
U.N.Y.437 [3], paragraph 3 of which was fully observed.

2. The statement was made in the Ambassador's name. Declaration of
policy (your U.N.Y.437) was not made but may be useful in full
committee or plenary.

3. Main points of statement were as follows-
(a) Conception underlying form in which Australian agreement was
drawn and the earnest wish of the Government to see Trusteeship
system function.

(b) Record of achievements of administration.

(c) The effect of war in placing additional burdens on
administering authority.

(d) Part played by Australia at San Francisco in writing
trusteeship chapters of the Charter.

(e) Significance given by us to international opinion generally
and in sub-committee as representing United Nations. Hence desire
to show sincerity in meeting the wish of sub-committee as far as
possible.

(f) Emphasis laid on fact that undertakings set out in new article
not only already covered in Australian Agreement but had been and
are being practised in fact by administration.

(g) In conformity consistent view Australian Government that
agreements should be concise proposals of delegations included in
single article, Bailey stated that the text of the new article,
when approved by sub-committee, must be considered by Australian
Government and if accepted, will be included as part of final text
submitted for United Nations approval.

4. Main points of supplementary report were that text originally
submitted fulfils Charter requirements, that history of
Administration shows [Australia has in fact] [4] pursued policies
recommended in proposed modifications, that Australia has often
urged respect for international opinion and now demonstrates
sincerity, that 5 main points appeared to have subcommittee
approval and these were comprehended in a single additional
article, text of which appended to report (see 7 below), that mere
repetition of Charter was avoided and undertakings made in a form
appropriate to New Guinea, and that additional article was subject
to approval of the Australian Government.

5. The Soviet, while observing that at first glance the additional
article seems to cover the principle of the proposals, wanted time
to consider wording. As this seemed to express the feeling of the
sub-committee including the Chairman, we indicated agreement. The
meeting adjourned shortly afterward. We anticipate general
acceptance but some pressure in relation to specific undertakings
not included. These will be resisted strongly and resistance can
now be more widely supported.

6. Preliminary reaction was favourable. Belgium and United States
(Gerig) privately made friendly comments after the statement. New
Zealand were informed generally before the statement was made and
were pleased. A press observer remarked on the value of the
Australian gesture not merely in Trusteeship field but as an
example of the sincerity of Australia in urging more give and take
in wide United Nations issues, e.g., Big Five in relation to veto.

In addition, it was typical of Australian leadership in
international affairs.

10. [5] The text of the additional article submitted for approval
of subcommittee subject to final acceptance by the Australian
Government follows:-

Begins:

Article 8. The administering authority undertakes that in the
discharge of its obligations under Article 3 of this agreement-
(i) It will co-operate with the Trusteeship [Council in the
discharge] of all the Council's functions under Articles 87 and 88
of the Charter,
(ii) It will, in accordance with its established policy,
(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 and cultural advancement of the
inhabitants,
(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,
(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 of petition, freedom of conscience and worship and
freedom of religious teaching. Ends. [6]

11. Our immediately following telegram gives details sub-committee
meetings on 3rd December. [7]

[AA:A1838/2, 852/13/4, ii]

1 Document 272.

2 Makin signed the Australian-U.S. Air Transport Agreement in
Washington on 3 December. See Volume VIII, Document 396.

3 Document 270.

4 The words in square brackets have been inserted from the New
York copy in AA:A4311, BOX 481.

5 A sign at the end of the cablegram indicates 'paragraphs are as
received'. Paragraph 10 should have been numbered as 7 and
paragraph 11 as 8.

6 In cablegram 451, dispatched 5 December, the External Affairs
Dept conveyed its approval of the new article on the assumption
that 'no other changes in the original draft are being considered
and that no change of any significance at all will be made in the
new clause'. In cablegram 457, dispatched 6 December, Bailey was
informed that the 'full text would still be subject to approval of
Government and Parliament after Assembly agreement'.

7 Cablegram UN897 (Assembly 330), dispatched 4 December, conveyed
both the U.S. Govt's decision to withdraw certain articles
proposed for the New Guinea agreement on the grounds that they
were relevant really only to the African mandated territories, and
the text of the revised Chinese proposal for equality of
treatment.


[2], Bailey made a prepared statement and lodged a supplementary
Last Updated: 11 September 2013
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