PMM(46) 7th Meeting LONDON, 29 April 1946, 3.30 p.m.

TOP SECRET

TRUSTEESHIP

Draft Agreements for United Kingdom Mandated Territories in Africa
The Meeting had before it a memorandum (P.M.M.(46)12) outlining
the background of the United Kingdom Government's proposals for
placing Tanganyika, British Togoland and the Cameroons under
trusteeship.

MR. CREECH JONES said that the United Kingdom Government had
thought it right to take the lead in this matter. The United
Kingdom had always supported very strongly the principle of the
mandate system; the principle of trusteeship was one which had
long been advocated by the Labour Party and, indeed, by Liberal
opinion generally in the United Kingdom. Obviously, there could be
no question of obtaining international agreement for any policy
towards the mandated territories less liberal than that
represented by the mandates; and there was a distinct advantage in
taking the initiative in supporting the new system. A declaration
of the Government's decision to place the three territories under
trusteeship was accordingly made to the United Nations General
Assembly; and a further statement of intention had been made and
endorsed at the Final Session of the League of Nations Assembly.

As regards the proposed terms of trusteeship, they were based on
those of the 'B' class mandates. But the draft Agreements marked
an important advance in two respects. First, the limitations
imposed by the mandates in regard to defence had been abandoned
and adequate authority taken for defence measures. Secondly, the
provision that there should be economic equality for all was now
subject to the overriding principle that this must not conflict
with the well-being of the inhabitants. In the case of Tanganyika,
care had been taken so to draft the proposed terms of trusteeship
to ensure that it would not preclude closer association with
neighbouring territories. The question whether any of the
territories should be designated strategic areas under the
Security Council had been considered, but the decision had been
against this course. The Chiefs of Staff had reported that the
draft terms were generally acceptable from the aspect of security.

Mr. Creech Jones said that the draft Agreements for the Cameroons
and Togoland had been sent to the French and South African
Governments and that for Tanganyika to the Belgian and South
African Governments for their concurrence, as being in each case
'States directly concerned.' The Belgian Government had intimated
their concurrence. The reply of the French Government was still
awaited. It was desired that Parliament and the Legislative
Council of the territories concerned should have the fullest
opportunity to consider the terms and the United Kingdom
Government were anxious to proceed with publication. He understood
that the South African Government had felt some diffidence in
regard to the terms, but he expressed the hope that they would now
feel able to signify their concurrence.

FIELD-MARSHAL SMUTS said that he did not wish to make any further
representations to the United Kingdom Government in regard to the
three draft Trusteeship Agreements. He had already drawn attention
to the points on which he desired the United Kingdom Government to
be fully satisfied. The South African Government had no objection
to the United Kingdom Government's proceeding with publication of
the draft Agreements.

He assumed that the arrangements of Dominion Governments in
respect of their mandated territories would not be prejudiced by
the action of the United Kingdom Government. South-West Africa was
in a special position and the South African Government
contemplated a settlement on different lines for this territory.

After the 1914-18 war South Africa had refrained from annexing
South-West Africa, in deference to President Wilson's wishes, but
the 'C' mandate terms had given her very extensive rights there. A
new situation had been presented with the close of the mandate
system, but he did not wish on this occasion to go into the
question of the course desired by the South African Government.

Field-Marshal Smuts expressed concern lest under the new
trusteeship system the administering Governments should not have
power to limit or control immigration. There had been adequate
powers under the 'C' mandates but not under the 'B' mandates, with
the result that Tanganyika had had at the outbreak of the war in
1939 more German than British inhabitants. He would not regard as
satisfactory a situation in which that could happen again. In the
case of South-West Africa, if South Africa could not obtain
agreement on reasonable conditions to the course which she now
proposed, she would continue to administer the country under the
terms of the existing mandates. The United Nations Charter seemed
to provide that this might be done, though as the League of
Nations had now been wound up there could, of course, be no
Permanent Mandates Commission to whom she would be able to report.

The French might follow the same course. It was not indeed
impossible that the United Kingdom would be the only mandatory
Power to place territories under trusteeship, apart from Belgium
who in respect of Ruanda-Urundi could hardly do other than follow
the United Kingdom's lead.

Field-Marshal Smuts considered that the opportunity for mischief-
making would be much greater under the trusteeship system than
under the mandate system. The Permanent Mandates Commission had
been composed of experts, appointed not as representatives of
their countries, but as individuals. Most of them had in fact been
nationals of small States with no direct interest in the mandated
areas. The Trusteeship Council, on the other hand, would be
composed of the representatives of States, including the Great
Powers, and they would be bound to be swayed in their decisions by
political factors. Experience of recent months did not inspire
confidence in the prospect of their working in harmony without
regard to their own interests. South Africa would, therefore,
proceed with caution. The members of the British Commonwealth
which held mandates had, he thought, done their best, in a purely
humanitarian spirit, for the inhabitants of the mandated
territories; in South-West Africa conditions had certainly become
incomparably superior to those of the previous German rule. But he
feared that now power politics would be introduced under decent
pretences into a system which was meant to be humanitarian in
nature.

DR. EVATT said that he agreed with the draft proposals of the
United Kingdom. If the draft Trusteeship Agreements which she had
circulated were approved he thought that they would be a
considerable improvement on the existing 'B' mandates, in their
provisions regarding defence, equality of opportunity and the
possibility of association with neighbouring territories.

The mandated territories in the Pacific were under 'C' mandates.

These, like the 'B' mandates, contained provisions for the benefit
of the native population and for the restriction of the use of the
territories for security purposes. Under the trusteeship system,
the obligations to promote the advancement of the people would
remain as before, but there would be much more satisfactory
provisions regarding the security of the area. Australia and New
Zealand had observed the obligation in the mandates to erect no
fortifications in their mandated territories, but the Japanese had
not done so. It would be necessary for Australia that she should
in future be able to establish the necessary bases in New Guinea.

Under the new system she would be entitled to do so; and, indeed,
there would be a positive obligation under Article 84 of the
Charter to 'ensure that the trust territory shall play its part in
the maintenance of international peace and security.'
Dr. Evatt did not share Field-Marshal Smuts's fears that the
provisions of the Charter would permit undesirable immigration.

The drafting of Article 76 of the Charter had been the subject of
much discussion at San Francisco. In its final form the provision
about equal treatment for the nationals of all members of the
United Nations within the area was subject to the overriding
obligation to promote the advancement of the people of the
country. it would clearly not promote the advancement of the
Melanesian peoples of New Guinea to permit the immigration of
Orientals to that country. Therefore, Australia could exclude
Orientals from New Guinea because their infiltration was
calculated to destroy native customs and lower their standards.

Nor need one be unduly afraid of undue 'interference' by other
nations. The nations on the Trusteeship Council would have no
executive powers whatever and he did not see why their activities
should be more of an 'interference' than those of the Permanent
Mandates Commission.

The definition of the term 'States directly concerned' was
undoubtedly difficult. He would have been inclined to interpret it
as meaning those with some recognised international legal interest
in the territories, for example, the Principal Allied and
Associated Powers to whom the territory had been ceded by the
enemies and so possibly including the United States. The United
Kingdom had in practice submitted her draft Agreements to
neighbouring countries.

Dr. Evatt said that he thought the objectives of the system were
based upon a great and noble principle; the Australian Government
had played a prominent part in establishing it and should join
with the United Kingdom in giving a lead in placing mandated
territories under trusteeship.

MR. NASH said that he thought the new system was a great advance
on the old system. The only territory which New Zealand held under
mandate was Western Samoa. They proposed that it should be placed
under trusteeship and they were now preparing a draft agreement
which they proposed to submit to Australia, the United Kingdom,
the United States and France, as the States directly concerned.

He agreed with Dr. Evatt that, on the defence aspect, the new
arrangements were very much better than the old, since they would
permit the trusteeship Power to defend the territory itself and to
use it for defence of the region of which it formed part. He also
agreed with Dr. Evatt's view that the provisions of the Charter
would not permit undesirable immigration. It would certainly not
be in the interests of Western Samoa if Chinese or Indians were
allowed to enter that territory in any number.

FIELD-MARSHAL SMUTS said that he hoped that Dr. Evatt and Mr. Nash
were right in this view. He could not himself help wondering
whether it would be possible to keep these territories permanently
barred against immigration from China and Japan. There was, of
course, no question of immigration from Japan at the moment, but
eventually Japan would emerge from her present subjection. China
was a Great Power and would herself be on the Trusteeship Council.