United Nation• AD HOC POLITICAL COI)IJTTEE 2f st

GENERAL MEETING ASSEMBLY SIXTH SESSION Wednesday, 12 December 19Sl,at 10.30a.m. Official Record& Palais de Chaillot, Paris

CONTENTS Page Appointment of an impartial international commission under United Nations supervision to carry out a simultaneous investigation in the Federal Republic of Germany, in Berlin, and in the Soviet Zone of Germany in order to determine whether existing conditions there make it possible to hold genuinely free elections throughout these areas (A/1 938, A/AC.53/L.ll, A/AC.53/L.l3, A/AC.53/L.l3/ Add.l, A/ AC.53 /L.l4) (continued)...... • ...... 107

Chairman : Mr. Selirn SARPER (Turkey).

Appointment of an impartial international commission of those contradictory statements, the proposed investi­ under United Nations supervision to carry out a gation commission would provide a reasonable means of simultaneous investigation in the Federal Republic ascertaining the facts and thus assist the four occupying of Germany, in Berlin, and in the Soviet Zone of Powers in solving the larger German problem. Germany in order to determine whether existing conditions there make it possible to hold genuinely 3. The Soviet Union protest that the General Assembly free elections throughout these areas (A/1938, was not competent to deal with the question had been AfAC.53fL.ll, AjAC.53jL.13, AjAC.53jL.13/Add.1, fully answered by the United Kingdom representative A/AC.53jL.14) (continued) (15th meeting). Its further charge that the joint draft resolution violated specific articles of international [Item 65]* treaties signed by the four occupying Powers regarding a future German settlement was clearly unfounded, as 1. Mr. AL-GA YLANI (Iraq) supported the joint draft the proposed commission would not be required to deal resolution submitted by France, the United Kingdom with such matlers as boundaries, territorial readjust­ and the United States (A/AC.53fL.ll), because it dealt ments and reparations. Moreover, Lhe United Nations with a specific and limited aspect of the German was not being asked to order or supervise elections in problem and made a clear-cut proposal for practical Germany. On the contrary, the impartial body, if action designed ultimately to facilitate its solution. appointed, would merely assemble first-hand informa­ The draft resolution had been submitted upon the tion on conditions in that country as a first step toward request of the Government of the Federal Republic of the implementation of a generally agreed principle. Germany ; the sponsoring Powers were merely imple­ menting their declared policy of working for the unifica­ 4. Iraq's support of the joint draft resolution was tion of Germany along democratic lines so that it could guided solely by its desire to secure agreement between eventually participate in the peaceful association of free both Governments of Germany and was consistent with European nations. its unswerving adherence to the principles of self­ determination and freedom of all peoples. 2. The principle of German unification to be achieved by free all-German elections had been strongly endorsed 5. The Iraqi delegation had been gratified by the by all parties concerned, including the USSR. Iraq had majority decision (16th meeting) to invite spokesmen therefore been dismayed by the charges brought by the from both Zones of Germany, despite certain specious representatives of East Germany that the Federal arguments invoked against that move. The contra­ Republic was a puppet regime and that elections in the dictory evidence presented had not only been illumi­ western Zone would be a sham, and by the counter­ nating but had strengthened the case for an impartial charge of the West German spokesmen that conditions investigation of the real facts. Those who had expressed in the eastern Zone precluded free elections. In view fears that a remilitarized Germany would adopt an aggressive policy and had recalled the racial per­ secution practised by the forme regime should not * Indicates the item number on the General Assembly agenda. overlook the atrocities and brutalities being visited 107 A/AC.53/SR.21

~ 108 General Assembly-Sixth Session-Ad Hoc Political Committee upon millions of Palestine refugees. The record of those monetary reforms in the western sector of Berlin. who feared a new aggressive Germany was no more To that attempt to rehabilitate western Germany unblemished than that of the German minority which the eastern sector had replied with the blockade. had been adequately punished for its crimes. Moreover, Accordingly, the Western Powers had decided that they Chancellor Adenauer had given a pledge that the Federal could no longer wait to put into effect the integration Republic of Germany would use its constitutional plans for their occupation Zones and the Federal powers to prevent a resurgence of nazism and a recur­ Republic of Germany had been proclaimed by the rence of the events of 1930-1933. Germans in the western Zone, only to be followed by the establishment of the German Democratic Republic 6. Mr. Al-Gaylani concluded by appealing to all the in east Germany. parties concerned and to all peace-loving nations to co-operate in reaching agreement on the three-Power 10. The division between the occupying Powers had draft resolution. produced not only two governments but two worlds of totally different character in which families were 7. Mr. PATIJN (Netherlands) emphasized that the separated and millions of refugees torn from their homes. General Assembly could play only a limited role in It was therefore natural for the German people German affairs. While its competence was not restricted throughout the country to be especially concerned by Article 107 of the Charter, which was permissive with its unification. rather than prohibitive, it could not presume to do more than the four Powers which bore the responsibility 11. The first proposal for the unification of Germany for the occupation and administration of Germany as by means of general elections had been made by the well as for its final destiny. Final decisions regarding western occupying Powers on 25 May 1950. It had Germany, including elaboration of the terms of a peace called for preliminary conversations between the four treaty, could only be taken by direct agreement between Powers with a view to drafting an electoral law for the occupying Powers, as had been done in the Berlin free all-German elections. No reply had been made blockade. to that proposal. There had followed an exchange of proposals between the Governments of the two Zones 8. Unfortunately, there seemed to be little chance of culminating in the drafting by the Government of the agreement on any of the vital issues affecting Germany Federal Republic of Germany of principles to govern on that highest political level, and the General an election procedure and in the suggestion for a United Assembly's examination of the problem before it was Nations impartial commission of investigation as a therefore subordinated, not in a legal but in a political preliminary measure. sense, to the relations between the four great Powers. Yet the future of Germany no longer depended solely 12. In the three-Power draft resolution the United upon the measure of agreement between them. De­ Nations was not being called upon to reconcile the velopments in Germany itself, the growing freedom of political differences between the two parts of Germany. action of the German people in shaping its future, The General Assembly would merely exercise its power would inevitably influence the ultimate solution of the under the Charter to conduct investigations ; the German problem. Until the peace treaty had been German authorities of both Zones and the occupying signed, however, that freedom of action remained Powers remained free to dispose of the proposed limited, the occupying Powers remained divided, and commission's report as they saw fit. At the same time, Germany itself was partitioned into two Governments the three-Power proposal might influence the larger both claiming to be the only legitimate representatives German issue by setting in motion new negotiations, of the German people. which appeared to be paralyzed, temporarily, by the political dead-lock among the four Powers and the 9. Two events had deeply influenced the final breach mutual distrust of the two German Governments. between the occupying Powers. First, they had failed to reach agreement on the economic unification of 13. The Netherlands delegation wondered, moreover, Germany, mainly because the Soviet Union had whether the joint draft resolution might be given a demanded payment of reparations out of current broader interpretation permitting the proposed com­ German production. In that connexion, it was signi­ mission not only to investigate conditions for free ficant that the 'representatives of the German Demo­ elections but also to establish principles for an election cratic Republic had mentioned the high cost of the procedure. Such a widening of the commission's terms occupation in the western Zone, but had failed to note of reference would prove that the occupying Powers 11 either the impressive help given to that Zone by the genuinely favoured German unity. Western Powers or the fact that the sums claimed by the USSR for reparations had been largely paid by the 14. The findings of the proposed commission would be eastern Zone. Secondly, the occupying Powers had submitted through the Secretary-General as a consul­ been severely divided after the Soviet Union attempt tative opinion, so to speak, for the consideration of in 1948 to expel the Western Powers from Berlin by a the four Powers and for the information of the other full-fledged blockade. The Mayor of the eastern sector of Members of the United Nations. Thus, the USSR view Berlin, in his remarks to the Committee (20th meeting), that decisions regarding Germany were exclusively had complained that the Western Powers had introduced within the province of the occupying Powers would 21st Meeting-12 December 1951 109 remain inviolate. Nevertheless, the Soviet Union 18. Representatives of American monopolies had refusal to co-operate with such an impartial body might seized key positions in the western Zone where they be interpreted as flouting the Charter principles of the protected their former commercial friends and even self-determination of peoples and the protection of took them into partnership. No secret was made about human rights, and the opportunity would be lost of such activities, which had been described by one establishing the falsity of the allegations concerning senator as the punishment of friends and the rewarding concentration camps and other violations of human of enemies. Well-known members of the nazi party rights in the eastern Zone. were holding public office. War criminals were being promoted to important posts, war crimes were referred 15. The proposed United Nations commission could to as " alleged " crimes, and the Nilrnberg tribunal not prejudge the results of general elections in Germany had even been termed ridiculous. Yet the Bonn or the policies of the future united German government. Government, which allowed such things to happen, Its establishment would constitute a step towards was described as democratic. German unification and a possible resumption of relations among the occupying Powers. Agreement among the Germans and the restoration of unity in 19. The policies of the Western Powers in Germany Germany's domestic administration would inevitably were reflected in such steps as the restoration of influence those relations. The three-Power draft resolu­ Goering's air force, the use of specialists in atomic tion offered a practical approach which should be and bacteriological warfare, an increase in Germany's seized by all the parties concerned to resolve the steel output, and the restoration to their posts of impasse on Germany. The Netherlands delegation nazi officials. The Czechoslovak representative thought would vote in its favour. that some delegations must be fully aware of the simi­ larity between such actions and Hitler's methods. 16. Mr. HRSEL (Czechoslovakia) pointed out that the The law of 16 December 1948 prohibiting military three Powers who were asking for the appointment of and para-military organizations in the western Zone an impartial commission to investigate the possibility had become a dead letter, and such organizations were of holding free elections in Germany had, in 1945, signed being revived. Nazi generals were being freed and the Potsdam Agreement with the USSR. Under that permitted to occupy high posts, and even officials who Agreement, as under the terms of the United Nations had been responsible for implementing Hitler's racial Charter, Germany was the responsibility not of the policies had been released. None of the military orga­ United Nations but of the four occupying Powers. The nizations which had been set up in the western Zone United States, the United Kingdom and France were had explicity renounced the doctrines of Hitler. Yet the violating both the Charter and the Potsdam Agreement authors of the aggressive North Atlantic Treaty were by attempting to arrange for a solution of the problem hold enough to describe their puppet government in by the United Nations and not by the German people Bonn as a truly democratic government. The New themselves. Such a step would be foreign to the interests York Times had reported, at the end of 1949, that of the German people. It would also be at variance about 81 per cent of the judges and other court officials with the most elementary principles of international in Bavaria had been connected with the nazi party; law. The appointment of an international commission, and a United States senator had declared last July as envisaged in the joint draft resolution, would amount that tremendous numbers of former nazis were at to failure on the part of the three Powers submitting it work in the administrativr machinery of west Germany. to honour their international obligations. The proposal was clearly designed to further the United States' 20. That was the sort of regime tolerated by the aggressive plans in Europe. In the face of the openly Western Powers in Germany. And yet they took it expressed desires of the German people, the Western upon themselves to criticize eastern Germany. Any Powers were striving to perpetuate the split in Germany impartial observer must see the difference between the in order to promote their own imperialistic interests. two Zones. The truth was that remilitarization, as From the end of the war they had sabotaged the practised in the western Zone, must lead to war, while co-operation they had agreed to maintain with the the policies pursued in the eastern Zone, as described Soviet Union as well as all measures for the denazi­ to the Committee by the representatives of that Zone fication, democratization and demilitarization of on the previous day, must lead to peace. Germany. 21. The authorities of the eastern Zone had submitted 17. Nothing had been said by the Western Powers concrete, clear-cut plans for unification by means of concerning the remililarization of Germany, which all-German elections. A leader of the People's Chamber was proceeding apace. It was not by accident that only of the German Democratic Republic had even addressed a few days previously the leaders of the Western a personal letter on the subject to those in authority Powers had been actively engaged in meetings and in the western Zone. Those proposals had been rejected, conferences at which the discussion of military questions in line with the continued policy of the Western Powers was the main issue, while at the same time professing to turn \\'est Germany into a bulwark of Anglo­ peaceful intentions in the General Assembly. The American imperialism. The Western Powers apparently remilitarization of Germany and its inclusion in their thought of thP Germans merely as a colonial people, aggressive plans was now the subject of negotiations and Mr. Adenauer himself had conditioned the unifi­ between lhe \Vestern Powers. cation of Germany upon a series of prerequisites which 110 General Assembly-Sixth Session-Ad Hoc Political Committee had nothing in common with the interests of the German given by the Polish representative at the 16th meeting people. He had recently made a statement linking the of the Ad Hoc Political Committee that Sir Alexander restoration of German unity to the restoration of a Cadogan of the United Kingdom and Mr. Jessup of balance of power in the world. That, of course, would the United States had supported the USSR interpre­ lead to the inclusion of Germany in the North Atlantic tation of that Article. Treaty. 27. An examination of the precise terms of Article 107 22. The policies pursued in the eastern Zone fully revealed that it was clearly permissive in character reflected the German people's will to peace. Any genuine and belonged to the same category as Articles 51 and 53. move in the interests of Germany must entail the In contrast with Article 2, paragraph 7, under which unification of the country through the efforts of the " Nothing contained in the ... Charter shall authorize Germans themselves. The representatives of eastern the United Nations to intervene ... ", Article 107 Germany had spoken before the Committee of the unequivocally stated that " Nothing in the present peaceable activities in which that Zone was engaged. Charter shall invalidate or preclude action ... " taken or Eastern Germany had a Constitution which advocated authorized in relation to ex-enemy States by the unification of the country. The main legislative organ governments concerned. Thus, according to Professor was elected on the basis of free, universal and secret Kelsen, author of The Law of the United Nations, suffrage. All citizens were forbidden to take part in any Article 107 restricted United Nations competence military activities intended to enslave other people. only in so far as no United Nations organ could " in­ The Constitution prohibited racial propaganda and validate or preclude " action taken by a responsible established freedom of speech, public demonstration government in relation to an ex-enemy State, but not and equality of men and women. The first five-year to the extent of ruling out discussion or recommen­ plan, which provided for a steady increase in production, dations for action in relation to such States. The USSR was being successfully implemented, and the standard representative would recognize that no member of the of living was constantly rising as production increased. Allied High Commission for Germany had taken or Unemployment had been abolished. authorized any action to preclude the organization of free German elections, while Soviet Union spokesmen 23. In the western Zone the emphasis was purely never ceased to declare that such elections were the on war production while consumer goods remained at main objective of Soviet policy. low levels. Standards of living in west Germany were among the lowest in western Europe and unem­ 28. In further proof of United Nations competence ployment was increasing. The population went poor to make proposals on the German issue, Mr. Kyrou and hungry while German and American monopolies invoked as precedents for such action the Security were making excess profits. Council discussion of the Berlin blockade and the Assembly's examination of the question of the Italian 24. It should be easy to judge between the two Zones. colonies. While it was incontrovertible that agreement The western Zone, as Mr. Adenauer himself admitted, in the first case had been reached as a result of direct was a military servant of the Western Powers. conversations between the occupying Powers, those Mr. Adenauer had told the French Press that if Germany conversations had remained fruitless until the very were united it would continue to follow the policy of moment when the Security Council had been seized of European integration, take part in the European coal the problem. and steel monopolies and contribute to the European army. That was a clear warning of the intentions of 29. Thus, both the very terms of Article 107 and the Mr. Adenauer with respect to the holding of elections past practice of the United Nations militated in favour and the unification of Germany. of a decisive effort by the United Nations to carry out the request of the Federal Republic of Germany by 25. Czechoslovakia would like to see Germany united setting up the proposed commission of investigation. under a peaceful and democratic government. Mr. Hrsel wished to express his sympathy with the German people 30. Fortunately, adoption of the Pakistani proposal and to protest against the aggressive tactics of American (A/AC.53/L.12) had made it possible for the Committee militarism. His delegation emphatically rejected the to become acquainted with the positive aspect of the joint draft resolution before the Committee. elections issue through the western Zone spokesmen, while the eastern Zone representatives had presented 26. Mr. KYROU (Greece), recalling repeated assur­ the negative view. The gap between them and the ances by the four Powers of their genuine desire for impracticability of depending on the German authori­ German unification, was dismayed by the USSR's ties of both Zones to organize elections had become opposition to the joint draft resolution. The Soviet manifest. Moreover, the remarks of the USSR repre­ Union, as well as the other countries within its orbit, sentative had further strengthened the impression that had invoked Article 107 of the Charter in an effort to the proposed investigation commission would serve a show that the Assembly was not competent to deal most useful purpose, for it would be in a position to with the German question. Quoting from the records verify the soundness of the charges brought by Mr. Malik of the Security Council during the discussion of the against the three Powers which had sponsored its Berlin blockade, Mr. Kyrou corrected the impression creation. 21st Meeti.ng-12 December 1951 111 31. The USSR representative had said that it was high the spokesmen of the German Democratic Republic time that the German people be allowed to build a genuinely and sincerely wished to come to terms with unified, free and peace-loving Germany. The legitimate traitors ? Nor, said the Colombian representative, was representatives of over 45 million Germans had asked he better able to follow the logic of the argument that that the United Nations should satisfy itself that the all Germans wanted unity, if the achievement of unity Government of the Federal Republic of Germany meant negotiating with saboteurs who had tried to derived its authority from the sovereign will of the mislead the Ad Hoc Political Committee with lies. The people and thus had the right to speak in their name Federal Government at Bonn had been described as a and, further, that those who claimed to represent puppet government and yet the representatives of the eastern Germany had not received their mandate from German Democratic Republic had emphasized the need the people. Surely the opposition to an impartial inves­ for the rapid conclusion of a peace treaty. That again tigation bore witness to the veracity of the sombre meant negotiations with States which represented picture which the representatives of the Federal capitalist dictatorship and subservience to United Republic of Germany had drawn of the situation in the States monopolies. eastern Zone '? They had openly accused the authorities of that region of systematically violating fundamental 35. Could the Committee be asked to believe such rights and human freedoms. Identical charges had been fantasies ? Was it felt that it could be stopped thereby levelled against the Bonn Government by the repre­ from taking action ? On the one hand, it had been sentatives of the German Democratic Republic. Clearly, offered a picture of the utopian life in eastern Germany ; in the circumstances, an investigation by an impartial on the other, it had ample evidence, strongly supported international commission under United ~ations super­ by the Brazilian representative, who was also his vision was called for. Not only did precedents exist, country's ambassador to the Federal Government at but the need for it was the more pressing in that those Bonn, that the democratic way of life was a fact in who spoke for 45 millions Germans had insistently western Germany. \Vhy should there be a movement asked for it, whereas those who claimed to represent of populations from east to west Germany if circum­ 18 millions had objected. The maintenance of peace stances in the east were as good as they had been painted? and security in the very heart of Europe demanded that Democracy had been defined as the co-existence in one that commission be established. Its task was wholly country of different opinions with equal opportunity in harmony with the aim of German unity and far from of expression for all. A country where an individual being contrary to Article 107 of the Charter, conformed was allowed to abstain from voting but was not to it in letter and in spirit. allowed to record a minority view was not a democratic country and no amount of argument or tendentious 32. Moreover, action undertaken in Germany by the propaganda could make it such. All available evidence United Nations with the support of the great majority pointed to the fact that conditions in the Soviet Zone of Member States would eliminate the dangers to which of Germany were very far from utopian. the Israel representative had so eloquently referred at the 16th meeting. It would prevent the rebirth of 36. The survival of nazism in Germany was a crucial German militarism. Care must be taken to guard issue which must be dealt with equitably. Vestiges against a repetition of the errors committed after the of nazism remained, and although it would be unjust First World \Var. Future generations must not be to accuse the present Federal Government of plotting given cause to blame the present generation for contri­ with nazi groups, the Germans must be made clearly buting to a recrudescence of German militarism and so aware that any revival of nazism in Germany would be setting a new world conflict aflame by showing the same sternly resistr·d. indifference to the real German democrats as was displayed towards their predecessors in the Weimar :37. It had been suggested by the representatives of the Republic. White Germany could not do without German Democratic Republic that France desired the Europe, Europe, for its part, could not live without a rearmament of Germany. France, a country born to politically sound Germany. splendour and traditionally accepted as a teacher of mankind, a country devastated by two wars, had 33. Mr. RAMIREZ MORE~O (Colombia) said that before it the choice between two dangers. It must of his delegation had heard with great interest the state­ necessity opt for European rearmament and not for ments made by the representatives of the western the domination of a broken and divided Germany by and eastern Zones of Germany and considered that another Power. France could not again run the risk certain doubts and misgivings which inevitably arose of being invaded from the east. therefrom would help the Committee to make up its mind on the issue. 38. It had also been argued that by appointing an impartial intt'rnational commission, in accordance 34. The representatives of the German Democratic with the joint draft re&olution, the United Nations Republic had insisted on their desire for an understand­ would be intervening in a State's domestic affairs. ing with the Federal Government in \Vest Germany, He would submit that that was not so. since the but had described the representatives of that Govern­ concept of sovereignty was twofold. There was an ment as traitors and mercenaries who were secretly immanent sovereignty which prompted a country to in the pay of foreign Powers. Could it be pos~ible that defend itself against foreign aggression and interference 112 General Assembly-Sixth Session-Ad Boo Political Committee with its political structure. But sovereignty was also present case some 50 million Germans favoured a United transient and it could be temporarily waived through Nations commission, while 18 millions were opposed the application of constitutional procedures, as, for to it. There was no need to force it upon them, they instance, when a country allowed the passage of could be left to decide for themselves ; but the friendly troops through its territory. The fundamental Committee must not be led astray by the diatribes sovereignty of Germany could not possibly be violated of propagandists. The Colombian delegation was if a few civilian observers were allowed entry in order convinced that the United Nations could not be duped to investigate a certain situation. or stopped from taking action by a minority whose statements consisted of contradictions and falsifications. 39. Last but not least, democratic procedures postu­ lated acceptance of the will of the majority : in the The meeting rose at 1.10 p.m.

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