(The agreement referred to follows:) TRUSTEESHIP AGREEMENT FOR THE TRUST TERRITORY OF THE PACIFIC ISANDS UNDER UNITED STATES ADMINISTRATION (Formerly the Japanese Mandated Islands) AND RELATED DOCUMENTS Approved by the Security Council of the United Nations on April 2, 1947 (S/318). Approved by the President of the United States on July 18, 1947, upon authorization by the Congress (Public Law 204, 80th Congress). Entered into Force on July 18, 1947 PREAMBLE Whereas Article 75 of the Charter of the United Nations provides for the establishment of an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent agreements; and Whereas under Article 77 of the said Charter the trusteeship system may be applied to territories now held under mandate; and Whereas on 17 December 1920 the Council of the League of Nations confirmed a mandate for the former German islands north of the equator to Japan, to be administered in accordance with Article 22 of the Covenant of the League of Nations; and Whereas Japan, as a result of the Second World War, has ceased to exercise any authority in these islands; Now, therefore, the Security Council of the United Nations, having satisfied itself that the relevant articles of the Charter have been complied with, hereby resolves to approve the following terms of trusteeship for the Pacific Islands formerly under mandate to Japan. ARTICLE 1 The Territory of the Pacific Islands, consisting of the islands formerly held by Japan under mandate in accordance with Artible 22 of the Covenant of the League of Nations, is hereby designated as a strategic area and placed under the trusteeship system established in the Charter of the United Nations. The Territory of the Pacific Islands is hereinafter referred to as the trust territory. ARTICLE 2 The United States of America is designated as the administering authority of the trust territory. ARTICLE 3 The administering authority shall have full powers of administration, legislation, and jurisdiction over the terrotory subject to the provisions of this agreement, and may apply to the trust territory, subject to any modifications which the administering authority may consider desirable, such of the laws of the United States as it may deem appropriate to local conditions and requirements. ARTICLE 4 The administering authority, in discharging the obligations of trusteeship in the trust territory, shall act in accordance with the Charter of the United Nations, and the provisions of this agreement, and shall, as specified in Article 83 (2) of the Charter, apply the objectives of the international trusteeship system, as set forth in Article 76 of the Charter, to the people of the trust territory. ARTICLE 5 In discharging its obligations under Article 76 (a) and Article 84, of the Charter, the administering authority shall ensure that the trust territory shall play its part, in accordance with the Charter of the United Nations, in the maintenance of international peace and security. To this end the administering authority shall be entitled: 1. to establish naval, military and air bases and to erect fortifications in the trust territory; 2. to station and employ armed forces in the territory; and 73588-56-pt. 1-22 3. to make use of volunteer forces, facilities and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for the local defense and the maintenance of law and order within the trust territory. ARTICLE 6 In discharging its obligations under Article 76 (b) of the Charter, the administering authority shall: 1. foster the development of such political institutions as are suited to the trust territory and shall promote the development of the inhabitants of the trust territory toward self-government or independence as may be appropriate to the particular circumstances of the trust territory and its peoples and the freely expressed wishes of the peoples concerned; and to this end shall give to the inhabitants of the trust territory a progressively increasing share in the administrative services in the territory; shall develop their participation in government; shall give due recognition to the customs of the inhabitants in providing a system of law for the territory; and shall take other appropriate measures toward these ends; 2. promote the economic advancement and self-sufficiency of the inhabitants, and to this end shall regulate the use of natural resources; encourage the development of fisheries, agriculture, and industries; protect the inhabitants against the loss of their lands and resources; and improve the means of transportation and communication; 3. promote the social advancement of the inhabitants, and to this end shall protect the rights and fundamental freedom of all elements of the population without discrimination; protect the health of the inhabitants; control the traffic in arms and ammunition, opium and other dangerous drugs, and alcohol and other spiritous beverages; and institute such other regulations as may be necessary to protect the inhabitants against social abuses; and 4. promote the educational advancement of the inhabitants, and to this end shall take steps toward the establishment of a general system of elementary education; facilitate the vocational and cultural advancement of the population; and shall encourage qualified students to pursue higher education, including training on the professional level. ARTICLE 7 In discharging its obligations under Article 76 (c), of the Charter, the administering authority shall guarantee to the inhabitants of the trust territory freedom of conscience, and, subject only to the requirements of public order and security, freedom of speech, of the press, and of assembly; freedom of worship, and of religious teaching; and freedom of migration and movement. ARTICLE 8 1. In discharging its obligations under Article 76 (d) of the Charter, as defined by Article 83 (2) of the Charter, the administering authority, subject to the requirements of security, and the obligation to promote the advancement of the inhabitants, shall accord to nationals of each Member of the United Nations and to companies and associations organized in conformity with the laws of such Member, treatment in the trust territory no less favourable than that accorded therein to nationals, companies and associations of any other Member of the United Nations except the administering authority. 2. The administering authority shall ensure equal treatment to the Members of the United Nations and their nationals in the administration of justice. 3. Nothing in this Article shall be so construed as to accord traffic rights to aircraft flying into and out of the trust territory. Such rights shall be subject to agreement between the administering authority and the state whose nationality such aircraft possesses. 4. The administering authority may negotiate and conclude commercial and other treaties and agreements with Members of the United Nations and other states designed to attain for the inhabitants of the trust territory treatment by the Members of the United Nations and other states no less favourable than that granted by them to the nationals of other states. The Security Council may recommend, or invite other organs of the United Nations to consider and recommend, what rights the inhabitants of the trust territory should acquire in consideration of the rights obtained by Members of the United Nations in the trust territory. ARTICLE 9 The administering authority shall be entitled to constitute the trust territory into a customs, fiscal, or administrative union or federation with other territories under United States jurisdiction and to establish common services between such territories and the trust territory where such measures are not inconsistent with the basic objectives of the International Trusteeship System and with the terms of this agreement. ARTICLE 10 The administering authority, acting under the provisions of Article 3 of this agreement, may accept membership in any regional advisory commission, regional authority, or technical organization, or other voluntary association of states, may co-operate with specialized international bodies, public or private, and may engage in other forms of international co-operation. ARTICLE 11 1. The administering authority shall take the necessary steps to provide the status of citizenship of the trust territory for the inhabitants of the trust territory. 2. The administering authority shall afford diplomatic and consular protectection to inhabitants of the trust territory when outside the territorial limits of the trust territory or of the territory of the administering authority. ARTICLE 12 The administering authority shall enact such legislation as may be necessary to place the provisions of this agreement in effect in the trust territory. ARTICLE 13 The provisions of Articles 87 and 88 of the Charter shall be applicable to the trust territory, provided that the administering authority may determine the extent of their applicability to any areas which may from time to time be specified by it as closed for security reasons. ARTICLE 14 The administering authority undertakes to apply in the trust territory the provisions of any international conventions and recommendations which may be appropriate to the particular circumstances of the trust territory and which would be conducive to the achievement of the basic objectives of Article 6 of this agreement. ARTICLE 15 The terms of the present agreement shall not be altered, amended or terminated without the consent of the administering authority. ARTICLE 16 The present agreement shall come into force when approved by the Security Council of the United Nations and by the Government of the United States after due constitutional process. [PUBLIC LAW 204-80TH CONGRESS] H. J. Res. 233 JOINT RESOLUTIONS Authorizing the President to approve the trusteeship agreement for the Territory of the Pacific Islands Whereas the United States submitted to the Security Council of the United Nations for its approval in accordance with article 83 of the Charter of the United Nations a proposed trusteeship agreement for the Pacific Islands formerly mandated to Japan under which the United States would be prepared to administer those islands under trusteeship in accordance with the Charter of the United Nations; and Whereas the Security Council on April 2, 1947, approved unanimously the trusteeship agreement with amendments acceptable to the United States; and Whereas the said agreement, having been approved by the Security Council,. will come into force upon approval by the Government of the United States. after due constitutional process: Therefore be it Resolved by the Senate and House of Representatives of the United States: of America in Congress assembled, That the President is hereby authorized to approve, on behalf of the United States, the trusteeship agreement between the United States of America and the Security Council of the United Nations for the former Japanese mandated islands (to be known as the Territory of the Pacific Islands) which was approved by the Security Council at the seat of the United Nations, Lake Success, Nassau County, New York, on April 2, 1947. Approved July 18, 1947. EXECUTIVE ORDER 9875 PROVIDING AN INTERIM ADMINISTRATION FOR THE TRUST TERRITORY OF THE PACIFIC ISLANDS Whereas the Trust Territory of the Pacific Islands (hereinafter referred to as the trust territory) has, beetn placed under the trusteeship system established in the Charter of the United Nations by means of a trusteeship agreement (hereinafter referred to as the agreement), approved by the Security Council of the United Nations on April 2, 1947, and by the United States Government on July 18, 1947, after due constitutional process; and Whereas the United States of America, under the terms of the agreement, is designated as the administering authority of the trust territory and has assumed obligations for the government thereof; and Whereas it is necessary to establish an interim administration of the trust territory, pending the enactment of appropriate legislation by the Congress of the United States providing for the future government thereof: Ncw, therefore, by virtue of the authority vested in me as President of the United States, it is ordered as follows: 1. The military government in the former Japanese Mandated Islands is hereby terminated, and the authority and responsibility for the civil administration of the trust territory, on an interim basis, is hereby delegated to the Secretary of the Navy. 2. The Secretary of the Navy, shall, subject to such policies as the President may from time to time prescribe, and, when appropriate, in collaboration with other departments or agencies of the Federal Government, carry out the obligations which the United States, as the administering authority of the trust territory, has assumed under the terms of the agreement and the Charter of the United Nations: Provided, however, That the authority granted to the United States under Article 13 of the agreement to close any areas for security reasons and to determine the extent to which Articles 87 and 88 of the Charter of the United Nations shall be applicable to such closed areas shall be exercised jointly by the Secretary of the Navy and the Secretary of State: And Provided further, That all relations between departments or agencies of the Federal Government and appropriate organs of the United Nations with respect to the trust territory shall be conducted through the Secretary of State. 3. This order, subject to subsequent modification, shall be effective as of this date and shall remain effective until a designation is made of the civilian department or agency which is to have permanent responsibility for the government of the trust territory. THE WHITE HOUSE, July 18, 1947. HARRY S. TRUMAN. EXECUTIVE ORDER 10265 TRANSFER OF THE ADMINISTRATION OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS FROM THE SECRETARY OF THE NAVY TO THE SECRETARY OF THE INTERIOR Whereas the Trust Territory of the Pacific Islands (hereinafter referred to as the trust territory) was placed under the trusteeship system established by the Charter of the United Nations by means of a trusteeship agreement approved by the Security Council of the United Nations on April 2, 1947, and by the United States Government on July 18, 1947, after due constitutional process; and Whereas the United States, under the terms of the trusteeship agreement, was designated as the administering authority of the trust territory, and has assumed obligations for the government thereof; and Whereas Executive Order No. 9875 of July 18, 1947, delegated authority and responsibility for the civil administration of the trust territory to the Secretary of the Navy on an interim basis; and Whereas a committee of the Secretaries of State, War, the Navy, and the Interior .recommended on June 18, 1947, that administrative responsibility for the trust territory be transferred to a civilian agency of the Government at the earliest practicable date; and Whereas plans for the orderly transfer of administrative responsibility for the trust territory from the Secretary of the Navy to the Secretary of the Interior are embodied in a memorandum of understanding between the Department of the Navy and the Department of the Interior, approved by me on September 23, 1949, and it is the view of the two departments, as expressed in that memorandum, that such transfer should take effect on July 1, 1951; and Whereas the transfer of administration of the trust territory from the Secretary of the Navy to the Secretary of the Interior, effective July 1, 1951, appears to be in the public interest; Now, therefore, by virtue of the authority vested in me as President of the United States, it is ordered as follows: 1. The administration of the trust territory is hereby transferred from the Secretary of the Navy to the Secretary of the Interior, such transfer to become effective on July 1, 1951. 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of administration of the trust territory as embodied in the above-mentioned memorandum of understanding between the two departments. 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government in the trust territory and shall, subject to such policies as the President may from time to time prescribe and, when appropriate, in collaboration with other departments or agencies of the Government, carry out the obligations assumed by the United States as the administering authority of the trust territory under the terms of the trusteeship agreement approved by the United States on July 18, 1947, and under the Charter of the United Nations: Provided, however, That the authority to specify parts or all of the trust territory as closed for security reasons and to determine the extent to which Articles 87 and S8 of the Charter of the United Nations shall be applicable to such closed areas, in accordance with Article 13 of the trusteeship agreement, shall be exercised by the President: And provided further, That the Secretary of the Interior shall keep the Secretary of State currently informed of activities in the trust territory affecting the foreign policy of the United States and shall consult the Secretary of State on questions of policy concerning the trust territory which relate to the foreign policy of the United States, and that all relations between departments or agencies of the Government and appropriate organs of the United Nations with respect to the trust territory shall be conducted through the Secretary of State. 4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order. 5. The said Executive Order No. 9875 of July 18, 1947, is revoked effective July 1, 1951. THE WHITE HOUSE, June 29, 1951. HARRY S. TRUMAN. (F. R. Doc. 51-7718; Filed, June 29, 1951; 5: 05 p. m.) Mr. ELLIOTT. Mr. Ala'ilima, I believe your statement will require more time than is now available. The bell has rung. Please be here at 10 o'clock tomorrow morning, and you will be the first witness. Now the subcommittee will go into executive session. (Whereupon, at 11:55 the committee proceeded in executive session, following which a recess was taken until 10 a. m., Friday, March 9, 1956.) |