unitea Nutions Natiotts IA&s UNREXRICTED S/65? SECURITY CONSEIL 19 January 1948 COUNCIL DE SECURPTE ORIGINAL: ENGLTSH LZTTEEI FROM THE REPRESENTATIVE OF THE UNITED KINGDOM DATED 16 JANWY 1948 ADDRESSED TO T9E PRESIDENT OF TRE SECURITY COUNCIL AND ATTACHED NCTE FROM HIS MAJESTY'S PRINCIPAL SECRZARY OF STATE FOR FOREIGN AFFAIRS ADDRESSED TO THE YUGOSUV AMBASSADOR IN LONDON DATED 15 JANUARY 1sL8. Sir, I have t;le honour, under instructions from my Government, to ask you to circulate to members of the Security Council, for th-ir information, the annexed i:opy of a note addressed by His Majesty's Principal Secretary of State for Forei@ Affairs on January 15th to the Yugoslav Ambassador in London, in reply to the Yugoslav Government's notes to His Majesty's* Government in the United Kingdom, previously circulated as documents S/598 of November 7th and S/600 of November 8th last. I have the honour to be Sir, Your Excellency's obedient servant, Is/ Alexander Cadogan ..: /Note addressed S/652 Page 2 Note addressed io the Yugoslav Ambassador in 'London by His Ma,jzst;-'s Principal Secretory of State for Foreign Affairs 3n Jnnunry 15th: 1945 Sir, !:ith reference to Your ti;tillency's note, NO. P1733, of November 7th, yl(;. the note No. 421817 from the Minister for Fore@ Affairs of t'-e Federative People's Republic of Yugoslavia to His Majesty's Embass:; in Belgrade of November lst, copies of both of which were communicaX ~-7 the president of the Security Council, I have the honour to inform Your L:rczllency that His W.jesty'3 Government have now made a full study of the Y~goslaV Government's vielrs. 2. His Majesty's Government note that the Yugoslav Government have cited six examples of actions of the Allied Military Government, which they consider as demonstrating the intention of the United Kingdom and the United State? Governments to urevent the fulfilment of the Peace Treaty and to deprive the inhabiter&s-of the Free Territory of their just rights. His Majesty's Government consider that this contention of the Yugoslav Government springs from a misunderstanding of the role which the Treaty imposes upon the Occupy-i% Pours in the administration of their respective zones of-the Free Territory, snd that it takes no account of the motives which have guided the Allied Military Government in the Anglo-United States Zone in carrying out their duties. His Majesty's Government therefore deem it necessary to give a full explanation on these two points, and are confident that it Will shoU the charges brought by the Ywoslav Government to be quite unfounded. 3. In the first place, His Majesty's Government wish to mnke their view clear as to the constitutional position as governed by the terms of the Peace Treaty. Article 1 of the Provisional Statute provides that the Free Territory must continue to be administered by the Allied Military Governments within their zones , pending the appointment of the Governor. Vhile both Allied Mbilitaqy Govenments ten, and should, introduce beneficial administmtive measures in the general spirit of both the lermnnent and Provisional Statutes they are not, as trustees for the Free Territory, entitled to introauce constit-utional choqes which prejudice in advance the functioning of the two Statutes. Such cheqes can only take place once the Governor is appointed, when the legislative machinery provided for in the Treaty can be invoked end when the trill of the people can be freely consulted as provided for in the Treaty. WIUS such clauses as Articles 9, 10, 13, 15 snd 16 of the Permanent Statute and Articles 8 rind 10 of the Provisional Statute can only function if there is f. Wvernor. It is clear therefore that each Allied Military govelment may only take such administrative measures as will be beneficial to the population andin general ccnscnence with the aims of the-statutes. 4. The Allied Military Government of the Anglo-United States zone have scrupulousljr avoided exceeding the powers vested in them; they have, moreover, in accordance with the advice given them from time to time by His Majesty's Government and the United States Government, exercised these powers for the active benefit of the majority of the inhabitants of the Anglo-United States Zone. In doing so, they have been guided by those principles which were set out in the communication addressed to the Secretary-General of the United Nations by the representative of the United Kingdom on the Security Council on November 18th. It is the view of His Majesty's Government that the application of these principles /is essential s/652 Pege j is e.scenti2l to the fulfilment of the Lntentlons of the Teace Treaty. They may be sc+. out under the two principal headings of the C~~stodionship PEE 3;ncn 3izht.z. 5. As x;Frr?s Custodlanshlp, the Allled MiliterJ Governments of Zone A of Venezls 3iuiia, and of the Anglo-United States Zone of the Tree Territory, have elw2ys 'been guided by the principle that all persons under their administration are entltl'eh to the enjoyment of their existlrg legal, po&iticel and social lnatitutions ~ntll such time as they may be able to alter tiiem by the free use of the democratic machlneq provided by the Peace Treaty. Untfl the coming into force of the Peace Treaty.the Allied Military Governments respected the Institutions ln the area in accordance with the obligations imposed on an occupying Power by the relevant cleuses of The Hague Convention, namely Article8 42 to 56. Since September 15th; 1947, they have followed this policy in their rolo of trustees for the Anglo-United States Zone, ,.:.:..-. 6. But His Msjestygs‘Government are aware that in the Zone administered by YugOSlavlZ, z\mdamental changes have been made in the political, economic and social institutiuns'. The introduction of these changes, which vitally affect the lives of all the inhabitants of the area, is entirely con'cfary to the relevant provisions of The Hague Conventicn. Such for instance are the otiers for the confiscation and redistribution of land, promulgated at Capodlstrla on. the 4th September1 196, end at Plsmo on the 25th November, 1946. Moreover not only are these orders ln the opinion of His Majesty's Government improper ln .themselves, but there is evidence to show that they have beeneemployednot to effect en equitable redistribution of agrlcuftural lsnd in the interest of the community, but as a.means of victlmlz~lng persons whose political opinions are not In line with those of the YQgoslav Government. Thus eviction orders have been served on Inhabitanta of the Yugoslav Zone; end such phrases have been used to justify eviction as "considering your way of acting and also your standpoint towards the popular authorltles and towards the Agrarian Reform Commission". Evictions have also been madeon the mere allegation 'that the evicted person was "an anti-popular element". 7. Other examples of unconstitutional action of this hind by which existirg laws and re@&stions, prhlch the Yugoslav Administration is bound to respect, hWe been 2mended,m-e the Order on the Administration of the Goods of Social Insurance Institutions, published in Capodistria on September 20th, 1'$+7, the Decree .on Pconomlc Co-operatives and Article l.1 of Decree No. 2 of August 3rd, giving to the so-called "people's Courts* jurisdiction for the dissolution of marriager E. As regards HumanRSShts, the administration of the An&o-United States Zone have also, while I.&ping a proper, control,over activities aioed at creating a disturbance of.the peace, permitted the Inhabitants of the Free Territory their full rights of assccletion, of free speech, of rell~icn, and cl' the press. Thus, during the period from September 15th, 1947 to January 10th, 1948, the 4llied Military Governments of the Anglo-Un:ted States Zone authcrlzea the hcldlng of 191,public meetings of Communistand pro-Slav groups, 16 cf independent :;rouus, and 141 of pro-Italign groups. By contrast, during the sameperied not a s%gle meetinS of gartles opgosed tc Ccmmunismwas permitted in the Yc~~slav Zone cf the Free Territory. The protest of the Istrian Ccmmittee of National. Liberation eddresaea to the Ital:en Gcvernment, a> published on Cctober lOth, makes it clear that political rights in the YuSoslav Zone have been totally auppreosed. In the circumstances, the Yu~cslav Gcverrnent's protest contained in Your Excellency's Note No. F17j3, of November7th, trould,~eem to have no justification. His Majesty~s Government have studied such reports as are available of the meeting of the Constituent Assembly of the Par*;ito Republican0 Italicno d'Azione della venezia Giulla, he:, /in Trlea%e In Trieste in October, znd consider that there ore no Croimris for the un&mocrntic 3upycsaion of a pzplar party, m requested by the Yugoslav ,! Government. 9. With regard to freedcm of the press, the Allied Military Government in the An&o-United State8 Zone have al:iaps allo?ged the publicstion cf newspapers representing all shadee of opinion. In spite of the abusive accusations against the administret?sn and the wilful distorficn of fects, which continuously appear in the Communistand pro-Yugoslav secti,cnc cf the press, the authorities have permitted the publication of these JOWIIX~S, cnlg taking action where they contained an open incitement to violence and the overthrow of public order, Such an instance was.that of the journal "Innocente", of which Hio Majesty's Government vere obliged to complain in the :Jote No. 1184 presented by His Mcjesty's Ambassadorin Belgrade to the Yugoslav Ministry of Foreign Affair-3 cn October 29th.