Supplementary Report Second Ailnual Report of the United Nations
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NATIONS Supplementary Report to the Second AIlnual Report of the United Nations Commissioner in Libya Prepared in consultation with the Council for Libya GENERAL ASSEMBLY oFFJQ.~,~,.~>,~~~9JiRS,;.. SIX.T#.-SESSJQ,~.". ~~ (A/I 949/Add. I) ( 59 P.) PARIS, 1952 UNITED NATIONS Sllpplementary Report to the SeCOlld Anllual Report of the United Natiolls COlnmissioner in Libya Prepared in consultation \"ith the Council for Libya GENERAL ASSEMBLY OFFICIAL RECORDS: SIXTH SESSION SUPPLEMENT No. 17 A (A 1949 Add. I) Paris, 1952 NOTE Symbols of United Nations documents are composed of capital letters. combined with figures. Mention of such a symbol indicates a reference to a United Nations document. TABLE OF CONTENTS Page LETTER OF TRANSMITTAL V INTRODUCTION vii Chapter 1. FINAL TRANSFER OF POWERS AND DECLARATION OF INDEPENDENCE .. A. The final transfer of powers . B. The Declaration of Independence :2 11. THE ELECTORAL LAW AND THE ORGANIZATION OF ELECTIONS A. The Electoral Law 4 B. The organization of elections 5 lII. TECHNICAL ASSISTANCE TO LIBYA UNDER THE UNITED NATIONS EXPANDED PROGRAMME OF TECHNICAL ASSISTANCE AND RELATED MONETARY AND FINANCIAL MATTERS A. Aid to Libya under the United Nations expanded programme of technical assistance 11 B. Financing of Libyan economic and social development 13 C. Currency 14 D. Financial agreements 14 E. Future economic and social development programmes 15 IV. CONCLUDING REMARKS 18 ANNEXES 1. Proclamation of Libyan Independence by King Mohamed Idriss al Mahdi al Senussi at Benghazi, on 24 December 1951 25 n. Transfer of Powers Proclamation No. 4 issued on 24 December 1951 by the British Residents for Tripolitania and for Cyrenaica and by the French Resident for the Fezzan 25 Ill. Transfer of Powers Proclamations Nos. 1 and 2 issued on 12 Octo- ber 1951 by the British Resident for Cyrenaica 28 IV. Temporary Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Libyan Government regarding financial assistance to Libya to be provided by the Government of the United Kingdom of Great Britain and Northern Ireland .... .................................... 29 V. Temporary Agreement between the Government of France and the Libyan Government regarding financial assistance to Libya to be provided by the Government of France ........................ 31 VI. Transfer of Powers Proclamation No. 3 issued on 15 Decem- ber 1951 by the British Residents for Tripolitania and for Cyrenaica and by the French Resident for the Fezzan 32 Chaprer Pug!!' VII. Cyrenaica and Tripolitania (Termination of Administration) Order in Council, 1951 ~:'i VIII. The Electoral Law for the election of the Libyan Federal House of Aepresentatives 35 IX. The Statute of the Libyan Public Development and Stabilization Agency and the Statute of the Libyan Finance Corporation 45 X. Memorandum 011 War Damages in Libya submitted by the represent- ative of Cyrenaica on the Council for Libya 52 iv LETTER ~F TRANSNUTTAL G';neva, 8 January 1952 Sir, I have the honour to transmit herewith my final report on which, in accordance with parar,raph 5 of part A of resolution 289 (IV) of the General Assembly, I have consulted with the Council for Libya. The draft of the report was dispatched from Tripoli to members of the Council on 28 December 1951 and consultations on it took place in Geneva, during five meetings, from 5 to 8 January 1952. The representative of France did not attend, and the repre ser.tative of Italy attended one meeting only. Both were replaced by non-voting alternates. I have the honour to request that you make this report available to the General Assembly for discussion during its current (sixth) session. As I indicated in the letter of transmittal of my second annual report,:I: this final report covers the events from the third week of October 1951 to the date of the declaration of Libyan independence on 24 December 1951, includin3 that day's events in so far as they bore upon the completion of my task. In the final chapter I have taken the opportunity to express my own appreciation of the task which I undertook. The report also includes a number of footnotes and counter-footnotes inserted by members of the Council and by myself. In accordance with resolution 289 (IV) of the General Assembly, I have attached to tbis report, as annexes I to IX, a number of documents which I wish to bring to the attention of the General Assembly. They include the declaration of Libya's independence, the documentation relating to the transfer of the remaining powers to the Provisional Libyan Government, the temporary agreements between the Libyan Government and the Governments of the United Kingdom and of France regarding financial assistance to Libya, the Electoral Law for the Libyan Federal House of Representatives and the Statutes of the Libyan Public Development and Stabilization Agency and the Libyan Finance Corporation. There is also attached annex X submitted by the member for Cyrenaica. It will be noted that neither in the present report nor in my previous reports have I referred to the presence of foreign troops and military installations on Libyan soil. As long as the territories composing Libya were administered by the- United Kingdom and France, that is to say, up to the day that Libyan inde pendence was proclaimed, these two Powers were responsible for Libya's foreign relations and defence which, therefore, did not come within my competence nor within that of the Provisional Libyan Government. The latter Government ceased to exist the moment the last powers, including foreign relations and defence, were transferred to it. It resigned on the morning of Independence Day, 24 December 1951, and was immediately succeeded by the duly constituted Government, appointed by His Majesty the King of Libya, in conformity with the provisions of the Libyan Constitution. At the same moment, the Commissioner's functions, as definec by General Assembly resolutions 289 (IV) and 387 M, came to an end. These facts, as wen as the fact that foreign relations and defence and, therefore, the conclusion of any treaties or agreements concerning the presence of foreign troops and mili- :I< A/1949, see Official Records of the General Assembly, Sixth Session, Supplement Nv.17. v tRry installations on Libyan soil, became the concern of the sovereign, ind~ pendent, and duly constituted Libyan Government and of the Parliament to be elected after independence explains why these matters are not referred to in my report. I have pleasure in recording my appreciation of the co: 'deration and co-operation shown to me by the representatives of the Administering Powers in the thre~ Libyan territories during the last stages on the road towardll Libyan independence. I have previously, on several occa~ions, expressed to you as Secretary-General. my appreciation of the full co-operation and wholehearted 3ssistance which you and your staff have afforded me in the fulfilment of my task. I need not repeat here the thanks recorded in my t'"iO annual reports, except to state that this has continued to the end. I should also like to take this opportunity to record my particUlar thanks for the aircraft facilities provided me by the plane chartered to the United Nations by the United States Air Force. This aeroplane, with a highly qualified and devoted crew, has flown on United Nations missions, approximately 170,000 miles without accident. This means of transport in such a vast country, together with the radio network placed at my disposal by tile United Nations Field Service, has proved invaluable in maintaining the swift and indispensable contacts with the three territories, thus enabling me to act with dispatch on many important occasions, avoiding delays which otherwise might have prolonged my mission. I should like to avail myself of thIS opportunity to express to you my most sincere thanks for the efficient, devoted and tireless staff which you placed at LJ.y disposal, without which my task could not have been carried out in the time available. (Signed) A. PELT United Nations Commissioner in Libya Mr. Trygve LIE Secretary-General ot the United Nations United Nations Paris INTRODUCTION 1. The final report of the United Nations Commissioner in Libya refers to developments which occurred in Libya during the two months which have elapsed since his second annual report dealing with events up to the third week in October was rransmitted to the Secretary-General on 30 October 1951. In Ins concluding remarks to that report, the Commissioner stated that a number of decisio"1s previously reached had still to be put iDto effect and that much of the work already initiated had to be actively pursued during the short period preceding the ultimate date fixed by the General Assembly for the declaration of Libyan independence. 2. The present report g;ves an account of the final stages preceding and leading to the declaration of Libyan independence on 24 December 1951, and the emergence of the United Kingdom of Libya. The salit':lt events of the period covered in the present report are the transfer of the remaining groups of powers by the two Administering Powers to the Provisional Libyaa Government; the formal declaration of independence by His Majesty King Mohamed Idriss AI Mahdi Al Senussi; the adoption and promulgation by the Libyan National Assembly of the federal Electoral Law; and the initial measures taken to organize the first elections for the Libyan House of Representatives. These events are dealt with in the first two chapters. A third chapter gi"es information on further action taken or planned for recommendation to the Libyan Government in the economic, social and financial fields. 3. The Commissioner consulted the Council for Liby3 with regard to the preparation of hi" final report during five meetings held in Geneva from 5 to ~ JanllClry 1952.