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Draft Trusteeship Agreement Terr.Itory of Somaliland Under Italian Administration

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UNITED NATIONS DRAFT TRUSTEESHIP AGREEMENT FOR THE , j TERR.ITORY OF SOMALILAND l' UNDER ITALIAN ADMINISTRATION SPECIAL REPORT OF THE TRUSTEESHIP COUNCIL GENERAL ASSEMBLY OFFICIAL RECORDS: FIFTH SESSION SUPPLEMENT No. 10 (A/1294) Lake Success, New-York 1950 • ..IIIliII • .._.., 'l_·\ItM'~~~-..,,~.....~".,.I~~~ -----------=-_ ........_----1 f r 1. By res the General .c Italian colon pendent sove the date of the General Territorv sh Trusteeship Authority, , Advisorv C Colombfa, El:> ship Council Authority th submission t fifth regular to undertake All United Nations documents are designated by symbols, i.e., capital letters tory a': a tim combined with figures. Mention of such a symbol indicates a reference to a be made, aft Fnited Kations document. tween Italy < of administrc undertaking with the pro' ment, pendin~ Assembly. 2. The Tr sion on 8 anI three meetin~ respect of th General Ass( invited the r deliberatioas meeting, the members of under the G invited.1 A part in the ~ tees, in so f the constituti Ethiopia req part in the directly conc the Council however, ta was, in fact, the represen cussions of t 1 T;he repres Council, the P member of th j DRAFT TRUSTEESHIP AGREEMENT FOR THE TERRITORY OF SOMALlLAND UNDER ITALIAN ADMINISTRATION Special Report of the Trusteeship Council [Original text: ElIglislz] 3. At the third meeting, the Council appointed a drafting committee composed of the representatives of 1. By resolution 289 (IV) of 21 November 1949 of the Dominican Republic. France, Iraq, the Philippines, the General Assembly, it was provided that the former the United Kingdom of Great Britain and Northern Italian colony of Somaliland sI ,llld become an inde­ Ireland and the United States of America. The Council pendent sovereign State at the .,id o.f ten years from instructed the Committee, taking into account such the date of approval of a Trusteeslup Agreement by draft as Italy might care to propose, to seek agreement the General Assembly; that during this period the on the text of a draft Trusteeship Agreement, drawn Territory should be placed under the International up in accordance with the resolution of the General Trusteeship System with Italy as the Administering Assemblv. The Council decided that the Committee Authority, with the assistance and advice of an might ailow representatives of local opinion, such as Advisory Council composed of representatives of representatives of political parties and other organiza­ Colombia, Egypt and the Philippines; that the Trustee­ tions in SomaIilancL to express their views before it if ship Council should negotiate with the Administering they so desired. Authoritv the draft of a Trusteeship Ag-reement for 4. Tile Committee held one meeting at Lake Success submission to the General Assemblv not later than the on 13 December 1949, and eighteen meetings at Geneva fifth regular session; and that Ital;' should be invited between 9 and 26 January 1950. At its 11rst meeting, to undertake provisional administration of the Terri­ the Committee elected ~1r. 11. Henriquez Urefia tory a~ a time which would depend on arrangements to (Dominican Republic) as its Chairman and 1fr. Evan­ be made, after the negotiation of that Agreement, be­ gelista (Philippines) as its Rapporteur; subsequently tween Italy and the United Kingdom for the transfer Mr. J. D. Ingles replaced Mr. Evangelista. The repre­ of administration, and on condition that Italy gave an sentatives of Italy, Egypt, Ethiopia and Colombia were undertaking to administer the Territory in accordance invited to take part in the deliberations of the Com­ with the provisions of the Charter and of the Agree­ mittee without the right to vote. The representative of ment, pending the approval of the latter by the General India attended only the first meeting. A request on Assembly. the part of the International Labour Organisation that 2. The Trusteeship Councll convened in special ses­ a representative of that organization should be allowed sion on 8 and 9 December 1949, during which it held to attend the meetings of the Committee was also three meetings in order to discuss its responsibilities in granted. respect of the implementation of the resolution of the 5. No representatives of political parties or organi­ General Assembly. At the first meeting, the Council zations in Somaliland requested permission to appear invited the representative of Italy to take part in its before the Committee to express their vie\vs on the deliberatioas without the right to vote. At the second draft Trusteeship Agreement. meeting, the delegations of Colombia and Egypt, as 6. At its 17th meeting on 19 January 1950, the members of the Advisory Council to be established Committee unanimously adopted, for submission to the under the General Assembly resolution, were similarly Trusteeship Council, a draft Trusteeship Agreement invited.! A representative of India was invited to take and Declaration of Constitutional Principles. It held a part in the work of the Council, or any of its commit­ further meeting on 26 January, on instructions from tees, in so far as concerned the general principles of the Council, in order to redraft article 14 of the the constitution of the Territory. The Government of Agreement. Ethiopia requested that it should be permitted to take part in the discussions of the Council as a "State 7. The report of the Committee was considered by directly concerned" under Article 79 of the Charter; the Council during the 3rd to 8th meetings, on 23 to the Council decided to accord this request without, 27 January 1950, of its sixth session held at Geneva. however, taking any decision as to whether Ethiopia At the 8th meeting on 27 January, the Council unani­ was, in fact, a "State directly concerned", and invited mously adopted the draft Trusteeship Agreement and the representative of Ethiopia to take part in the dis­ the Declaration of Constitutional Principles. cussions of the Council without the right to vote. 8. By a telegram dated 9 February 1950,2 the Minister for Foreign Affairs of Italy informed the President of the Council that the Italian Legislature 1 T;he representative of the third member of the Advisory Council, the Philippines, participated in the discussions as a member of the Council. • T/468. 3 _........... had uuthoril.t'd tht' provisional administration of tilt' lOo By a lettt'r dated 5 April 1950,4 the Un(!l-r­ Territory in uccordallt't' with tht, rt'solution of tht' St'cretary of State for Foreign AtIairs of Italy (lcnernl';\sst'mbly. it~formed the Secretary-General that, by agreement 9. By a It,tter dated 22 February 1950.:1 till' 1linister with the Gowrnnlt'nt of the United Kingdom, 1 April for Forl'ign Affairs of ItalY inf()rmed till' Secrdarv­ 1950 had heen fixed as the date f0r the re&'1.tlar transfer General that the GoYernmeilt of the Italian Rt'publfc, of powers in tht Territory of Somaliland, and that from that date the GoYernment of the Italian Republic subject to tilt' ratit't'ation of the Trusteeship Agree­ D ment, had undl'rtuken to assume the administration of was to assume rt'sponsibility for the administration of the Territory of Somaliland in accordance with the Somaliland. resolution of the General Assemblv unt! article 23. 11. The l'nited Kingdom delegation, by a letter paragraph 2. of the draft Trustt:eship Agreement d<lted 25 April 1950,u transmitted to the Secretary­ adopted by tht' Trustl'eship Council. The Minister (ieneral the text of the British Administration (Termi­ stated that his Government ,,"ouItI assume resJlonsibility nation) Proclamation, 1950, which stated that the for the administration of the Territory of Somaliland authority of His 1Iajesty in Somalia would terminate from a date to be fixed in an agwenlent to be made on 1 April 1950, with the GO\'ert1l11cnt of the Fnited Kingdom in con­ nexion with measures for the transfer of powers in the 12. The Council transmits herewith to the General Territory. The Minister stated that he would notify .\ssembly the draft Trusteeship Agreement and Decla­ the Secretary-General of the date upon which the ration of Constitutional Principles, transfer would take place, and he believed that this Whcrea would bi..' towards the end of March 1950. the United • T/704. teeship Sy • T/705 Wherea tween the signed in all right a Africa, Whcrea Treaty, th was requp future star thereof, TVherca Tr.eaty, th Soviet Soc Great Brit. States of J tion made Nations in Wherea~ examined 1 adopted, a1 1949, a re: territory fl the Territc State; tha \ the end of ! Trusteeshi that, duri shall be ~ Svstem w aided and representa Where the Gener Trusteeshi the eighth 1950, Wherea responsibil Territory, Wherea the Phili 4 _ ........... 'lII ~."'. • ....~ .. {'.:.,t'i',! lll!l'r- Italy ~ll1ent April ~nsfer that mblic )n of DRAFT TRUSTEESHIP AGREEMENT FOR THE TERRITORY OF SOMALILAND UNDER ITALIAN ADMINISTRATION letter :tary- As APPROVED ON 27 JANUARY 1950 BY THE TRUSTEESHIP COUNCIL AT THE ermi- EIGHTH MEETING OF ITS SIXTH SESSION the liuate I [Original te.-rt: English-F1'ellch] aiding asd advising the Administering Authority in ueral '; their capacity as members of the Advisory Council, lecla- Preamble N O'lC', therefore, the General Assembly of the United Whereas Chapters XII and XIII of the Charter of Nations approves the following terms of trusteeship for I the United Nations provide for an International Trus­ the territory formerly known as Italian Somaliland: teeship System, Article 1 I Whereas, by article 23 of the Treaty of Peace be­ tween the Allied and Associated Powers and Italy. The territory to which this Agreement applies is the signed in Paris on 10 February 1947, Italy renounced territory formerly known as Italian Somaliland, herein­ all right and title to the Italian territorial possessions in after called the Territory, bounded by the Somaliland Africa, Protp.ctorate, Ethiopia, Kenya, the Gulf of Aden and the Indian Ocean.
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