7. Invites the Economic and Social Council at its thirty-fourth session to examine the progress achieved in the implementation of the present resolution and to report thereon to the General Assembly at its seventeenth session.

A. North Africa

ALGERIA

311. FRENCH NATIONAL REFERENDUM ON THE ORGANIZATION OF THE PUBLIC POWERS IN ALGERIA, WHILE AWAITING SELF-DETERMINATION: Bill Submitted to Referendum, January 6-8, 1961, Enacted Into Law No. 61-44, January 14, 1961 1

Article 1. As soon as the conditions of security in Algeria allow the full exercise of the public liberties there, the Algerian population will make known, by means of consultation in direct and universal suffrage, the political destiny that they choose in relation to France. The conditions of this consultation will be fixed by Government decree. The measures which will eventually be taken as a

1 English-language text printed on p. 18063 of Keesing's Contemporary Archives, 1961-1962; for the French-language text of the bill, see Journal Of ficiel de la République française, Dec. 9, 1960; for the text of the law, see ibid., Jan. 15, 1961. The referendum was held Jan. 6-8, 1961, in Algeria and the Sahara and Jan. 8, 1961, in France and the overseas departments and territories. The results of the referendum published Jan. 14. 1961, by the Conseil constitutionnel were as follows: registered voters-32.520.233; yes votes-17,447,669; no votes-5.817,775; abstentions-8,533,320; blank or invalid votes-721,469. The French Government, following a meeting of the Cabinet, issued the following communiqué, Jan. 11, 1961:

"General de Gaulle noted the positive and massive character of the country's response on the subject of Algeria. He stressed the support which he himself and the public authorities found in it for their work to develop the policy of peace and reason which has received the nations approval. He emphasized that the law adopted by the French people in solemn and striking manner must be applied without reserve, in the spirit and the letter." English-language text printed on pp. 18067-18068 of Keesing's Contemporary Archives, 1961–1962.

At a Jan. 9, 1961, news briefing, the Director of the Office of News (White), Department of State, read the following statement and made the following reply to a question:

"As to the referendum, we are highly gratified by the impressive support France has given to General de Gaulle's policy of self-determination for Algeria. This support should greatly assist an early and just settlement of the complex and tragic problem. We now hope that the parties concerned will be able to come together for this purpose."

I would consider that [the vote in Algeria] to be similarly impressive, given the fact that the Moslem population was urged to abstain." Files of the Office of News, Department of State.

result of self-determination will be submitted to the French people in conformity with constitutional procedure. Article 2. Until the achievement of self-determination as provided by Article 1 [above], Government decrees will regulate the organization of the public powers in Algeria in accordance with the provisions of Article 72 of the Constitution 2 and with the following conditions:

2

(a) Responsibilities with regard to Algerian affairs to be attributed to the Algerian population and their representatives both by the establishment of an executive organ and deliberative assemblies with competence for the whole of the Algerian departments, and by the establishment of appropriate regional and departmental executive and deliberative organs;

(b) Co-operation of the communities and the guarantees appropriate to each of them to be assured;

(c) Organs to be established with competence for the spheres jointly concerning metropolitan France and Algeria and, within these organs, cooperation to be ensured between the representatives of metropolitan France and those of Algeria.

312. THE FORMULA FOR INITIATION OF FRENCH-ALGERIAN TALKS CONCERNING THE CONDITIONS FOR SELF-DETERMINATION OF THE ALGERIAN POPULATIONS: Communiqué Issued by the French Government, March 15, 1961 3

The Minister of State responsible for Algerian affairs gave an account of the state of affairs concerning Algeria both within and outside that territory. Considering this information, the Cabinet confirmed its desire to see indicated, through an official delegation, talks concerning the conditions for self-determination of the Algerian populations as well as related problems.

313. ASSUMPTION OF EMERGENCY POWER TO DEAL WITH THE INSURRECTION OF FRENCH GENERALS IN ALGERIA: Address by the President of the French Republic (General de Gaulle) to the French People, April 23, 1961 5

6

An insurrectional power has established itself in Algeria by a military pronunciamento. Those guilty of this usurpation have exploited the passion of officers of certain special units, the inflamed support of one part of the population of European origin, misguided by fears and myths, the impotence of authorities submerged by the military conspiracy.

This power has a certain appearance: a quartet of retired generals. It was a reality a group of officers, partisan, ambitious and fanatical. This group and

* English-language text on p. 16533 of Kessing's Contemporary Archives, 1957– 1958.

* English-language text quoted in the New York Times, Mar. 16, 1961.

4 Reference to a statement by Louis Joxe at a meeting of the French Cabinet with General de Gaulle, Mar. 15, 1961.

* English-language text provided by the Associated Press and printed in the New York Times, Apr. 24, 1961. This address was carried by the principal radio and television networks of France.

Reference to an Apr. 22, 1961, order by Generals Maurice Challe, Raoul Salan, André Zeller, and Edmond Jouhaud; English-language text on p. 18512 of Keesing's Contemporary Archives, 1961-1962.

this quartet possess a limited and abrupt way of acting, but they see and know the nation and the world deformed by their fanaticism.

Their enterprise cannot but lead to a national disaster. Because of the immense effort of re-establishment in France, begun since the depths of the abyss of June 18, 1940, continued later despite everything until the victory was gained, independence assured, the republic restored, started again three years ago in order to rebuild the state, maintain the national unity, to reconstruct our power, to re-establish our position in the world, to pursue our task overseas through the necessary decolonization-all that risk being rendered vain, even on the eve of success, by the odious and stupid adventure in Algeria.

And now the state is flouted, the nation defied, our power degraded, our international prestige lowered, our role and our place in Africa compromised. And by whom? Alas! Alas! By men whose duty, honor and reason for being was to serve and obey.

In the name of France, I order that all means-I say all means-be employed everywhere to bar the route to these men, until they are subjugated. I forbid any Frenchmen, and first of all any soldier, to execute any of their orders.

The argument that it might be locally necessary to accept their command under the pretext of operational or administrative obligations can fool no one. The civil and military leaders who have the right to assume responsibilities are those who have been legally named and who are precisely those the insurgents prevent from functioning.

The future of the usurpers can be only that destined for them by the rigor of the law.

Before the misfortune which looms over the country and before the threat hanging over the republic, having determined the official opinion of the Constitutional Council, the Premier, the President of the Senate, the President of the National Assembly, I have decided to put in force Article 16 of our Constitution." Starting today, I will take, if necessary directly, the measures that will appear to me to be demanded by the circumstances."

At the same time, I confirm myself in the French and republican legality which was conferred upon me by the nation and which I will maintain no matter whatever happens until the end of my term, or until I lack either force or life; and I will take measures to make sure that it [legality] remains after me.

French men and women, look where France risks falling and what she was about to become again.

"French men and women! Help me!"

'Section II, art. 16, of the Constitution of the Fifth Republic reads as follows: "When the institutions of the Republic, the independence of the nation, the integrity of its territory, or the execution of its international commitments are gravely and immediately threatened and the regular functioning of the public authorities is interrupted, the President of the Republic will take measures required by these circumstances after consultation with the Prime Minister, the President of the Assemblies, and the Constitutional Council. He informs the nation of these measures by message.

"The measures must be inspired by the desire to assure to the constitutional public authorities, with the least possible delay, the means of exercising their proper functions. The Constitutional Council must be consulted on these

measures.

"Parliament meets by right. The National Assembly cannot be dissolved during the exercise of the exceptional powers." (English-language text on p. 16530, ibid., 1957-1958).

Although the insurrection was quelled Apr. 26, 1961, the exercise of emergency powers was not relinquished until Sept. 30, 1961.

Following a Cabinet meeting of Apr. 22. 1961, the French Government announced the decision to decree a state of emergency and to empower Minister of State in Charge of Algerian Affairs Joxe "to take in the name of the Government all decisions which circumstances demand in Algeria."

314. "IN THIS GRAVE HOUR FOR FRANCE, I WANT YOU TO KNOW OF MY CONTINUING FRIENDSHIP AND SUPPORT": Message From the President of the United States (Kennedy) to the President of the French Republic (General de Gaulle), April 23, 19619

DEAR GENERAL DE GAULLE: In this grave hour for France,10 I want you to know of my continuing friendship and support as well as that of the American people. Your personal achievements in bringing the resurgence of France as a great champion of freedom have won the esteem of all those who cherish liberty. The course you have chosen to settle the tragic problem of Algeria cannot but meet the approval of those who believe in the principles of democracy and who seek a durable understanding among nations of the world. With warm personal wishes,

Sincerely,

JOHN F. KENNEDY

[NOTE: General de Gaulle's Apr. 24, 1961, reply read as follows:

[DEAR MR. PRESIDENT: I was deeply touched by the message which you sent me and I thank you very sincerely for the sentiments which you expressed to me in your name and in the name of the American people.

[Be assured, dear Mr. President, of my profoundly cordial sentiments.

FRENCH UNILATERAL CEASE-FIRE IN ALGERIA UPON THE OPENING OF TALKS AT ÉVIAN-LES-BAINS ON ALGERIAN SELF-DETERMINATION: Communiqué Issued by the French Government, May 20, 1961 13

'White House press release dated Apr. 24, 1961 (text as printed in the Department of State Bulletin, May 15, 1961, p. 709).

10 See supra.

"The Director of the Office of News (White), Department of State, read the following statement to correspondents, Apr. 25, 1961: ". . . We confidently expect that the authority of France will soon be re-established in the affected areas of Algeria. This is a task for the French Government and it appears to us that the firm measures France has adopted are already taking effect. We would, of course, become directly concerned should the insurrection spread beyond the borders of Algeria and threaten the peace of the area. Our view continues to be that the course adopted by General de Gaulle, now so sadly interrupted by the mutiny in Algeria, is the surest road to a settlement of the Algerian problem." (Files of the Office of News, Department of State.)

12 Attachment to the source text.

"English-language text in Keesing's Contemporary Archives, 1961-1962, p. 18551B. The cease-fire remained in effect until Aug. 11, 1961, when the Director-General of Political Affairs in Algeria (Sicurani) announced "Greater freedom of action for French forces"; see ibid., p. 18665B.

Talks between Representatives of the French Government and the F.L.N. (Front de la Libération Nationale) were held at Évian-les-Bains, May 20-June 13, 1961, and at the Château of Lugrin, July 20-28, 1961; secret prenegotiation talks at Geneva and Rome in progress during the autumn, 1961, were referred to in a Dec. 29, 1961, address by General de Gaulle; text in the New York Times, Dec. 30, 1961.

315. UNITED STATES HOPE FOR THE SUCCESSFUL OUTCOME OF THE TALKS AT ÉVIAN-LES-BAINS ON ALGERIAN SELF-DETERMINATION: Reply Made by the President (Kennedy) to a Question Asked Following Remarks Made at a Luncheon in Paris, June 2, 1961 11

14

It is, of course, our hope that the talks now proceeding at Évian will be successful,15 and I can think of no useful purpose at the present time in planning for the eventuality [failure of the talks] which was suggested by the question. We should look forward to the present effort which is being made to work out a peaceful solution. If that effort should fail, then of course all of us who are concerned would be expected to participate in appropriate consultations. But for the present and certainly as we look to the future, we look with hope towards those talks.

316. FRENCH VIEWS ON UNITED NATIONS CONSIDERATION OF THE QUESTION OF ALGERIA: Statement Made by the French Representative (Bérard) in the General Committee of the U.N. General Assembly, September 21, 1961 16

I shall not formally oppose the inclusion of the item in question; nevertheless, as I have pointed out at previous sessions, discussion of the question of Algeria will be incompatible with the Charter, and the authority of the United Nations can only be preserved if that body does not attempt to deal with matters outside its jurisdiction. All impartial Members of the General Committee and of the Assembly will recognize that France has spared no efforts to find a peaceful, democratic and just solution to the Algerian problem. A debate in the General Assembly will not help to bring about a solution but will only further inflame passions. My delegation will be unable to participate in any such debate and will consider any resolutions adopted to be invalid.

317. THE STATUS OF ALGERIANS

IMPRISONED IN

FRANCE: Resolution 1650 (XVI), Adopted by the U.N. General Assembly, November 15, 1961 17

The General Assembly,

Deeply concerned at the grave international repercussions and the serious threat to the prospects of a negotiated, peaceful settlement

14

The reply printed here is taken from p. 431 of Public Papers of the Presi dents of the United States: John F. Kennedy, 1961.

15 See supra.

16

First-person, present-tense adaptation of the text printed in U.N. doc. A/BUR/SR.136, pp. 10-11.

17

U.N. General Assembly Official Records, Sixteenth Session, Supplement No. 17 (A/5100), pp. 64-65. This resolution, sponsored by the representatives of 36 of the member states, was adopted by a vote of 62 to 0, with 31 abstentions (including the U.S.).