UNO34.

1. Committee 4 yesterday accepted without dissent a compromise
resolution unanimously recommended by the Sub-Committee referred
to in paragraph 2 of UNO.30. [1]

2. During the preceding day or two the attitudes within
SubCommittee had unexpectedly stiffened, and complete break-down
was threatened until the last moment. Agreement was only reached
under strongest pressure to finish the Committee's work so that
the Preparatory Commission could end this week.

3. Eventual agreement was reached on an ill-expressed document
markedly less satisfactory than the United Kingdom - United States
draft quoted in paragraph 2 of UNO.30. In substance it is Yugoslav
document PC/TC/6 with the opprobrious reference to 'further delay'
on the part of mandatories removed, with the rigidity of the
timetable reduced and with the insertion of a vague paragraph
indicating that the general assembly will consider what methods
are appropriate for the further consideration of the whole matter.

4. Full text of the document is as follows-

Taking into account that the United Nations has assumed the duty
under Chapters XII and XIII of the Charter to establish a system
of international trusteeship.

Considering that the system of international trusteeship is being
established to promote in part, the objectives prescribed in
Article 76 of the Charter-
'(a) To further international peace and security.

(b) To promote the political, economic, social and educational
advancement of the inhabitants of the trust territories and their
progressive development towards self-government or independence as
may be appropriate to the particular circumstances of each
territory and its peoples and the freely expressed wishes of
peoples concerned and as may be provided by the terms of each
trusteeship agreement.

(c) To encourage respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language or
religion and to encourage recognition of inter-dependence of
peoples of world and
(d) To ensure equal treatment in social, economic and commercial
matters for all members of the United Nations and their nationals
and also equal treatment for latter in administration of justice
with[out] prejudice to the attainment of the foregoing objectives
and subject to provisions of Article 80.'
Considering that any delay in putting into effect the system of
international trusteeship prevents the principles of such a system
as declared in the Charter of the United Nations from being
implemented, deprives populations of such territories as may be
brought under the trusteeship system of opportunity of enjoying
advantages arising from the implementation of time principles,
considering that under Article 77 of the Charter there are three
categories of territories to which the trusteeship system applies,
two of which are for the time being uncertain namely B and C of
Article 77 and that immediate action can be taken only in respect
of territories under mandate (namely A of Article 77) considering
that Article 80 of the Charter provides that there shall be no
delay or postponement of negotiation and conclusion of agreements
for placing mandated and other territories under the trusteeship
system as provided for in Article 77 and considering that the
trusteeship system of Charter cannot immediately be brought into
being without close co-operation of States members of the United
Nations now administering territories under mandates. The
Preparatory Commission of the United Nations recommends General
Assembly to adopt the following resolution-
'The General Assembly of the United Nations calls on States
administering territories in accordance with the League of Nations
mandates to undertake practical steps in concert with other States
directly concerned for the implementation of provisions of Article
79 of the Charter providing for conclusion of agreements on
trusteeship term for each territory to be placed under the
trusteeship system in order to submit these agreements for
approval pieceably not later than the second part of the first
session of the General Assembly.

Those trusteeship matters which will be taken up by the General
Assembly at the first part of its first session with the purpose
of expediting the establishment of trusteeship system will be
considered by the Trusteeship Committee on General Assembly using
methods which the assembly considers most appropriate for further
consideration of these matters.'
5. Since mandatories already administer territories under the
system of international responsibility there are good practical
grounds for beginning the trusteeship system with mandates. The
preamble however of the Sub-Committee's document is evidently
designed to build up a case for contention that the Charter
imposes a legal obligation on all mandataries to conclude
trusteeship agreements immediately. Acceptance however of Yugoslav
formula by the United States and Belgium and the urgency of
bringing the debate to a conclusion in order to wind up the
Preparatory Commission made it impossible to secure any change
without putting Australia in a completely false position.

6. During the debate the Australian representative urged the
unsoundness of some of the statements in the preamble but declared
Australia's willingness to accept the principle of the resolution.

He formally reserved his position if proposals in the preamble
were to be discussed in the General Assembly. Other Delegations
did the same thing to such an extent indeed that the Soviet and
Ukraine delegates declared that if these matters were raised in
Assembly they would feel free to withdraw concessions they had
made-e.g. in respect of timetable.

7. It will be noted that the fifth recital in the preamble is not
correct statement of the effect of Article 80 of the Charter. It
will also be noted that phrase 'call on' in the resolution itself
is form of imperative reserved in the Charter for action requiring
members to discharge their legal obligations, e.g. Articles 33 and
41. A point made by the Australian representative was that action
of the mandatory in bringing its territory under trusteeship will
spring from its own voluntary decision in the same degree as
action of the States responsible for any other non-self governing
territory. We feet it necessary to stress these matters not so
much because of their intrinsic importance but because there is so
strong a tendency here to give a twist to the whole trusteeship
chapters calculated to put administering authorities very much on
the defensive and in the wrong. Hence the importance of
maintaining in full the system envisaged by the Charter.

8. No admission has been made of either invalidity or
inappropriateness of setting up a body of the type presented by a
proposal of the Executive Committee for the Temporary Trusteeship
Committee. The Soviet Delegate attempted at the end of the meeting
to get in to report a formal statement that the Committee had
found it impossible to approve the Executive's reconsideration.

The Chairman undertook in presenting the Committee's report to the
Plenary Session to make it clear that the resolution accepted by
the Committee replaced the Executive's proposal. Formally of
course the Executive's recommendation has never been put to vote,
but it would certainly not have carried the necessary majority.

The Soviet group disclosed an intensity of feeling about the
proposed Temporary Trusteeship Committee out of all proportion to
intrinsic merits of matters. Whether it was a mere question of
prestige (they having been defeated in Executive) or whether their
attitude was determined by fear that the establishment of such an
organisation might have bearing on other matters not yet disclosed
is impossible to say. In any event formula now accepted leaves the
whole matter open for discussion at Assembly.

9. Proceedings of Committee 4 have shown the wisdom of providing
for discussion of trusteeship matters by an expert body in which
balance is preserved between administering and non-administering
states. Some astonishing ignorance of colonial administration has
been shown in more demagogic utterances to which the Committee has
been treated from time to time. In such an atmosphere most liberal
of trustee administrations can readily be made to appear most
reactionary of imperialisms.

10. The Philippine proposal for insertion in the rules of the
procedure of the Trusteeship Council of provisions designed to
bring the Trusteeship Council into direct touch with political
aspirations of the local inhabitants has also been finally
disposed of after prolonged discussions. At the last moment the
Ukraine representative abandoned the proposal mentioned at the end
of paragraph 3 of UN030 for a resolution of the General Assembly
and turned to proposal of elaborating Rule 58 of the rules of
procedure. Without allowing any opportunity for discussion or
amendment he successfully moved closure of the debate. The
Australian representative abstained from voting and declared that
while having regard to Rule 58 he could accept the proposal in
principle. The closure of the debate had precluded the Committee
from considering amendments necessary to make the proposal
effective and appropriate as rule of procedure. As may be inferred
temper of all Committees in the past few days has made it
impossible to secure an extended discussion of major proposals on
their merits. The desire to finish up has dominated all
proceedings.

11. The Philippine Delegate at one stage questioned motives of
those who had opposed his proposal. This drew an emphatic demand
for withdrawal from the Australian representative who was
supported by New Zealand and several other Delegations. The
Philippine Delegate next day withdrew his imputation but added
that he thought those who opposed him were approaching probably
with an eye exclusively to interest of the administering
authorities. This statement was also emphatically repudiated by
Australia, New Zealand and the United Kingdom.

12. As already stated the United Kingdom will declare in the first
part of the General Assembly its willingness to bring all its
mandated territories under the Trusteeship system. New Zealand
will do same. Belgium has already made a declaration to the same
effect. Having regard to the part Australia has played in the
promotion of trusteeship provisions of the Charter we feel it
would be most desirable that a similar declaration should be made
on behalf of Australia immediately the matter comes on for
discussion in the General Assembly.