TRUSTEESHIP AGREEMENT FOR THE MANDATED TERRITORY OF NAURU

1. By instrument dated 17th December, 1920, a mandate under
Article 22 of the Covenant of the League of Nations was conferred
upon His Britannic Majesty. The Governments of Australia, the
United Kingdom and New Zealand on 2nd July, 1919, agreed upon
arrangements for the administration of the territory and for the
working of the phosphate deposits. The interests of the Pacific
Phosphate Company were purchased by those Governments for the sum
of 3,500,000 contributed in the proportions of 42%, 42% and 16%
respectively. In agreement with the United Kingdom and New Zealand
Governments, Australia has administered the Territory.

2. At the General Assembly of the United Nations meeting in London
in January 1946 the Australian Government announced 'its intention
of negotiating an appropriate Trusteeship Agreement' with a view
to bringing the mandated territory of Nauru under the
international trusteeship system contemplated by Chapters XII and
XIII of the United Nations Charter. This declaration was approved
by Full Cabinet (Cabinet Agendum No. 1042 of 13th January 1946)
and concurred in by the Governments of the United Kingdom and New
Zealand.

3. The terms of an agreement to be submitted to the United Nations
General Assembly now in session have been under discussion for
some time by representatives of the Governments of the United
Kingdom, New Zealand and Australia. The terms of the final draft
to which New Zealand and United Kingdom have expressed agreement
are summarised as follows:

(a) full powers of legislation, administration and jurisdiction in
and over the territory to be conferred on the administering
authority which will be a joint authority composed of the
Governments of Australia, New Zealand and the United Kingdom.

(b) the Australian Government to be empowered to exercise with the
approval of the Governments of the United Kingdom and New Zealand
and on behalf of the Joint Administering authority full powers of
legislation, administration and jurisdiction in and over the
territory.

(c) the administering authority to undertake to administer the
territory in accordance with the obligations imposed by the United
Nations Charter.

(d) the administering authority to have full power to take all
measures it considers desirable to provide for the defence of the
Territory.

4. The Administrator of Nauru and a representative of the British
Phosphate Commissioners have been sent to new York to assist the
Australian Delegation in the discussion of the draft agreement at
the General Assembly.

5. The United Nations Charter in Article 76(d), amongst other
things, provides for equality of treatment for all members of the
United Nations in economic matters. The question of the effect of
this provision upon the existing rights of Australia, New Zealand
and the United Kingdom, under the Agreement of 2nd July, 1919, to
the exclusive use of phosphates of Nauru, to the extent of their
requirements, has been carefully considered. It has been agreed
between representatives of the three Governments that no reference
should be made in the Trusteeship Agreement document to the
Agreement between the three Governments. It is considered that any
move to modify the existing rights of Australia, New Zealand and
the United Kingdom to the phosphate deposits of Nauru should be
resisted. The Australian Delegation at the General Assembly
should, therefore, be instructed not to agree to any amendment to
the draft Agreement which would involve an alteration of the
existing position in regard to the disposal of Nauru phosphate.

6. It is recommended that the terms of the draft agreement
attached be approved on the understanding set out in paragraph 5
of this submission. [1]

J. B. CHIFLEY
Acting Minister for External Affairs

CYRIL CHAMBERS
Acting minister for External Territories

Attachment

DRAFT TRUSTEESHIP AGREEMENT FOR NAURU

In pursuance of a Mandate conferred upon His Britannic Majesty the
Territory of Nauru has been administered in accordance with
Article 22 of the Covenant of the League of Nations by the
Government of Australia on the joint behalf of the Governments of
Australia, new Zealand, and the United Kingdom of Great Britain
and Northern Ireland.

The Charter of the United Nations, signed at San Francisco on 26th
June, 1945, provides by Article 75 for the establishment of an
international trusteeship system for the administration and
supervision of such territories as may be placed thereunder by
subsequent individual agreements.

His Majesty desires to place the Territory of Nauru under the
trusteeship system and the Governments of Australia, New Zealand
and the United Kingdom undertake to administer it on the terms set
forth in the present trusteeship agreement.

THEREFORE THE GENERAL ASSEMBLY OF THE UNITED NATIONS acting in
pursuance of Article 85 of the Charter
APPROVES the following terms of trusteeship for the Territory of
Nauru in substitution for the terms of the Mandate under which the
Territory has been administered:

ARTICLE 1

The Territory to which this Trusteeship Agreement applies
(hereinafter called 'the Territory') consists of the island of
Nauru (Pleasant Island) situated approximately 167 Longitude East
and approximately 0 25' Latitude South, being the Territory
administered under the Mandate above referred to.

ARTICLE 2

The Governments of Australia, New Zealand and the United Kingdom
(herein-after called 'the Administering Authority') are hereby
designated as the joint authority which will exercise the
administration of the Territory.

ARTICLE 3

The Administering Authority undertakes to administer the Territory
in accordance with the provisions of the Charter and in such a
manner as to achieve in the Territory the basic objectives of the
international trusteeship system, which are set forth in Article
76 of the Charter.

ARTICLE 4

The Administering Authority will be responsible for the peace,
order, good government and defence of the Territory, and for this
purpose, in pursuance of an agreement and defence of the
Territory, and for this purpose, in pursuance of an agreement made
by the Governments of Australia, new Zealand and the United
Kingdom, the Government of Australia will on behalf of the
Administering Authority and except and until otherwise agreed by
the Governments of Australia, New Zealand and the United Kingdom
continue to exercise full powers of legislation administration and
jurisdiction in and over the Territory.

ARTICLE 5

The Administering Authority undertakes that in the discharge of
its obligations under Article 3 of the Agreement-
(1) 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:

(2) it will, in accordance with its established policy-
(a) take into consideration the customs and usages of the
inhabitants of Nauru and respect the rights and safeguard the
interests both present and future of 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 Nauru
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 economic, social, 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 and take all appropriate
measures with a view to the political advancement of the
inhabitants in accordance with Article 76(b) of the Charter;

(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.

ARTICLE 6

The Administering Authority further undertakes to apply in the
Territory the provisions of such international agreements and such
recommendations of the specialised agencies referred to in Article
57 of the Charter as are, in the opinion of the Administering
Authority, suited to the need and conditions of the Territory and
conducive to the achievement of the basic objectives of the
Trusteeship system.

ARTICLE 7

[In order to discharge its duties under Article 84 of the Charter
and Article 4 of the present Agreement] [2] the Administering
Authority may take all measures in the Territory which it
considers desirable to provide for the defence of the Territory
and for the maintenance of international peace and security.