4. RESPONSIBILITIES OVER NON-SELF-GOVERNING TERRITORIES

Article 73 of the United Nations Charter obligates those members of the Organization having responsibility for the administration of non-self-governing territories to cooperate with one another for social, economic, and scientific purposes. This has been accomplished by the creation of two intergovernmental regional commissions-the Caribbean Commission and the South Pacific Commission.

A. The Caribbean Commission 66

The establishment of this Commission was formally provided for on October 30, 1946, by an agreement signed in Washington by representatives of the United States, the United Kingdom, France, and the Netherlands.67 The United States Representative signed the document "reserving the right to await congressional consideration before giving notice of approval."

Although the Commission is not presently related to the United Nations, it is clear that its objectives are in full accord with the Charter of the United Nations. Apart from the cooperation with the United Nations which participation in the Commission makes possible, the strategic interest in the Caribbean area, traditional in the foreign policy of the United States, must also be taken into account.69

The first session of the Eightieth Congress took specific note of these two considerations in the preamble to House Joint Resolution 231, providing for membership and participation by the United States in the Caribbean Commission and authorizing an appropriation therefor, introduced in the House on July 8, 1947.70 The measure was favorably reported by the House Committee on Foreign Affairs 8 days later and passed the House on July 21, 1947, less than 2 weeks from the time of its original introduction. The House committee report stated that the committee was

impressed with the practical nature of the subjects which the Commission has dealt with in its brief record

and that

It is apparent from its reports that the Commission has confined its undertakings to those activities which are appropriate for international cooperation in the area concerned and which have a direct and practical relationship to concrete problems of the area."1

The United States and Non-Self-Governing Territories, Department of State publication 2812. For a review of the background, formation, and activities of the Commission, see, in general, H. Rept. 956, 80th Cong., 1st sess. (1947).

67 The full text of the agreement is contained in Department of State publication 2812, pp. 64-71. 68 Art. XVIII of the agreement provides:

"1. The Commission and its auxiliary bodies, while having no present connection with the United Nations, shall cooperate as fully as possible with the United Nations and with appropriate specialized agencies on matters of mutual concern within the terms of reference of the Commission.

"2. The Member Governments undertake to consult with the United Nations and the appropriate specialized agencies, at such times and in such manner as may be considered desirable, with a view to defining the relationship which shall exist and to ensuring effective cooperation between the commission and its cursary bodies and the appropriate organs of the United Nations and specialized agencies, dealing with economic and social matters.' [Italics supplied.] Ibid., p. 70.

The United States responsibilities are concerned with Puerto Rico and the Virgin Islands; the British Government principally with respect to the Barbados, Trinidad, the Windward and Leeward Islands, and Jamaica; the French Government principally with respect to Martinique and Guadeloupe; and the Netherlands Government principally with respect to Surinam, Curaçao, and other small islands adjoining Martinique (H. Rept. 956, 80th Cong., 1st sess., pp. 4-5 (1947)).

70 The preamble reads, in part: "Whereas the purpose of the Caribbean Commission is to encourage and strengthen international cooperation in promoting the economic and social welfare and advancement of the non-self-governing territories in the Caribbean area, whose economic and social development is of rital interest to the security of the United States, in accordance with the principles set forth in chapter XI of the Charter of the United Nations • [Italics supplied.]

" H. Rept. 956, 80th Cong., 1st sess. (1947), p. 6.

On the Senate side, the Committee on Foreign Relations approved the measure and reported it favorably with one technical amendment designed to clarify the amount of money to be authorized for contribution to the Commission, as distinct from expenses incident to participation therein, including salaries of the United States commissioners, alternates, and other related expenses." This was the status of House Joint Resolution 231 at the end of the first session. However, in view of the Senate committee's observations that the organization contemplated in the resolution was relatively small and unpretentious, that the cost to the United States would be slight, and that the advantages which would flow from membership in the Commission to both the United States and the peoples of the area involved would be significant,73 it was to be expected that the second session of the Eightieth Congress would complete the action initiated by the first session. This action is discussed in Part II of this report.

B. The South Pacific Commission

The South Pacific Commission is the second of the two intergovernmental regional agencies which the first session of the Eightieth Congress had before it for consideration. The experience gained from the functioning of the Caribbean Commission provided a working basis for the creation of this new agency.

The background of the formation of this Commission and an analysis of the agreement establishing it have been fully described elsewhere." For the purpose of this report, it will suffice to point out that the agreement was signed ad referendum by the United States, and like the Caribbean Commission, this agency is designed as a consultative and advisory body to the participating governments. Although it is not given the power to concern itself with political matters or questions of defense or security, it would appear that the Commission will indirectly contribute to the political security of approximately 2,000,000 inhabitants of the 15 non-self-governing territories in the South Pacific region, through the promotion of their economic and social advancement.75

76

House Joint Resolution 232, providing for membership and participation by the United States in the South Pacific Commission and authorizing an appropriation therefor, similar to the Caribbean Commission measure, was favorably reported by the House Committee on Foreign Affairs on July 16, 1947, and passed the House on July 21, 1947. It passed the Senate during the closing hours of the first session, but because of an amendment similar to that proposed with respect to the Caribbean Commission, it was sent back to the House for concurrence. Completion of the legislative action neces

S. Rept. 684, 80th Cong., 1st sess., pp. 1-2 (1947).

13 Ibid., p. 1.

See Report on the South Seas Conference: With an Analysis of the Agreement Establishing the South Pacific Commission, Bulletin, March 16, 1947, p. 459. The full text of the agreement, together with a Resolution Concerning Immediate Projects will be found in South Seas Commission Conference Papers, Doc. P/18, February 6, 1947.

15 See, in general, H. Rept. 957, 80th Cong., 1st sess. (1947). The United States is responsible for the administration of American Samoa, acquired by the treaty of December 2, 1899, with Germany and Great Britain, and for a number of small, uninhabited islands in the area.

70 H. J. Res. 232 contained an additional section, sec. 4, authorizing the Secretary of State to detail qualified United States governmental employees to the South Pacific Commission. The purpose of this section was to implement a resolution of the South Seas Conference, "That with a view to facilitating the work of the proposed South Pacific Commission, the South Seas Conference urges the participating governments to permit officers in their own services to be made available to the staff of the Commission on secondment or loan." South Seas Commission Conference Papers, Doc. P/19, Feb. 6, 1947, pp. 1-2. There is, in addition. a difference in the amounts authorized to be contributed: $142,000 for the Caribbean and $20,000 for the South Pacific Commission.

S. Repts., 80-2, vol. 4- -107

sary to authorize United States participation in the Commission is described in Part II of this report.

5. TRUSTEESHIP RESPONSIBILITIES

On July 3, 1947, the President recommended to the Congress that it enact legislation in the form of a joint resolution authorizing_the President to approve the trusteeship agreement for the former Japanese mandated islands (to be known as the Territory of the Pacific Islands). The President pointed out that the terms of the agreement conformed to the policy of the United States and its obligations under the United Nations Charter, and that its terms would amply provide for the political, economic, social, and educational development of the inhabitants of the trust territory, and at the same time protect the security interests of the United States."7

The trusteeship obligations of the United States derive from articles 75, 76, and 77 of the United Nations Charter. Article 75 provides for an international trusteeship system for the administration of such territories as may be placed thereunder by subsequent individual agreements. Article 76 of the Charter states that the basic objectives of the trusteeship system shall be (1) the furtherance of international peace and security; (2) the promotion of the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development toward selfgovernment or independence; (3) the encouragement of respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and (4) the insuring of equal treatment in social, economic, and commercial matters for all members of the United Nations, as well as in the administration of justice. The Charter further provides that the trusteeship system should apply to such territories in the following three categories as might be placed thereunder by means of trusteeship agreements: (1) Territories now held under mandate; (2) territories which may be detached from enemy states as a result of World War II; and (3) territories voluntarily placed under the system by states responsible for their administration.78

The following steps preceded the submission of the agreement for the Japanese mandated islands by the President to the Congress: On February 9, 1946, the General Assembly of the United Nations adopted a resolution which included an invitation to states administering mandated territories to undertake practical steps, together with the other states directly concerned, for the negotiation of trusteeship agreements.79 In response to this call, the President, on November 6, 1946, announced that the United States was prepared, as administering authority, to place under trusteeship the former Japanese mandated islands and any Japanese islands for which it assumed responsibility as a result of World War II. These islands

178. Rept. 471, 80th Cong., 1st sess., p. 11 (1947): complete text of agreement. p. 3 United Nations Charter, art. 77. par. 1.

"The United States and the United Nations. Department of State publication 2484, p. 43.

include the Marianas (except the United States possession of Guam), Caroline and the Marshall Islands in the Central Pacific.80

81

On February 17, 1947, the text of a draft trusteeship agreement was submitted to the Secretary-General of the United Nations and formally presented to the Security Council on February 26, 1947, by Ambassador Austin, United States representative to the United Nations. This agreement provided for the welfare of the native population of these islands, for the security interest of the United States, and for the obligations of this Government as administering authority under the Charter.82 On April 2, 1947, the Security Council approved the text of the agreement by unanimous vote.83

Article 16 of the draft agreement defined the steps necessary for the agreement to come into force under the Charter of the United Nations and the Constitution of the United States. It was pursuant to this article that the President submitted the agreement to the Congress. The Congress, with full realization of the importance and significance of the trusteeship agreement, enacted into law House Joint Resolution 233, authorizing the President to approve the trusteeship agreement for the Territory of the Pacific Islands. With the approval by the President 4 days later, it became Public Law 204.8

84

The Cairo declaration of December 1, 1943, stated that "* Japan shall be stripped of all the islands in the Pacific which she has seized or occupied since the beginning of the First World War in 1914, and that all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa, and the Pesca dores, shall be restored to the Republic of China. Japan will also be expelled from all other territories which she has taken by violence and greed." This declaration was reaffirmed by the proclamation issued by the heads of the Governments of the United States, China, and the United Kingdom on July 26, 1945, at Potsdam, and subsequently adhered to by the Union of Soviet Socialist Republics. Japan accepted these terms by the instrument of surrender on September 2, 1945. (S. Rept. 471, 80th Cong., 1st sess., p. 2 (1947).) See also Bulletin, September 9, 1945, p. 364.

See, in general, United States Trusteeship for the Territory of the Pacific Islands, Bulletin, May 4, 1947, p. 783. See also Bulletin, Mar. 9, 1947, p. 416, for statement by Ambassador Austin made before the Security Council, and Department of State publication 2784.

" Id.

Art. 82 of the Charter provides: "There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under article 43," and art. 83, par. 1, that "All functions of the United Nations relating to strategic areas, including the approval of the terms of the trus teeship agreements and of their alteration or amendment, shall be exercised by the Security Council." See remarks of Congressman Fulton in Congressional Record, July 11, 1947, pp. 8905-S907, and the statement of Senator Vandenberg, ibid., p. 9027 (July 14, 1917).

80th Cong., 1st sess. (July 18, 1947). For text, see appendix, pp. 68-69.

PART II

THE EIGHTIETH CONGRESS, SECOND SESSION

1. INTRODUCTION

We have thus far seen that the Eightieth Congress, in its first session, made an impressive record, despite a heavy work load, in dealing with legislation needed to implement the wide responsibilities which flow from United States participation in the United Nations and related activities. Those special responsibilities as host which devolve upon this country by virtue of our Government's invitation to the United Nations to locate its permanent headquarters here have also been described. In addition, the legislative measures enacted into law as proof of the recognition of those responsibilities have been outlined in some detail.

The second session of the Eightieth Congress was equally active in the shaping of United States foreign policy. During the second session, action was completed authorizing United States acceptance of the constitution of the International Labor Organization instrument of amendment, and United States participation in the World Health Organization, the Caribbean Commission, the South Pacific Commission, and the Pan American Railway Congress. Further, the Senate advised and consented to the ratification of the International Telecommunication Convention and the International Labor Organization Final-Articles Revision Convention, 1946 (No. 80). Important and timely was the enactment of legislation authorizing the loan of $65,000,000 to the United Nations to enable it to finance the construction of its permanent home in New York City. Significant, too, was the passage by the Senate of the Vandenberg resolution, reaffirming the policy of the United States to achieve international peace and security through the United Nations and indicating certain objectives to be pursued.

2. ACTION INITIATED DURING FIRST SESSION AND COMPLETED DURING SECOND SESSION

A. The South Pacific Commission

The events leading up to the formation of this intergovernmental regional agency have already been described. It has been shown that at the end of the first session, House Joint Resolution 232, providing for membership and participation by the United States in the South Pacific Commission and authorizing an appropriation therefor, had passed the House on July 21, 1947, and the Senate on July 26, 1947. Because of technical amendments adopted by the latter, the

1 The second session convened on January 6, 1948, and adjourned on June 20, 1948, until noon, December 31, 1948, or until recalled by the President pro tempore of the Senate, the Speaker of the House, the acting majority leader of the Senate, and the majority leader of the House, acting jointly (H. Con. Res. 218). The second session adjourned on August 7, 1948, until December 31, 1948, pursuant to H. Con. Res. 222, under special agreement permitting the Republican leadership to reconvene the Congress should conditions warrant (Congressional Record, Aug. 7, 1948, pp. 10278-10415).

18