64. NOTE FROM THE ALLIED HIGH COMMISSION TO THE CHANCELLOR OF THE GERMAN FEDERAL REPUBLIC, OCTOBER 15, 19511

Your letter 202-04 II 11375/51 of October 42 was transmitted to the three Governments represented on the Allied High Commission and has been considered by them.

In your letter you repeated the proposals made by the Federal Government on March 22 and September 14, 1950 and on March 9, 1951 for the holding of free, general, equal, secret, and direct elections in the whole of Germany. You also requested the Governments of the four Occupying Powers to give the German people the earliest opportunity to elect under international supervision and under the legal and psychological conditions specified in the various proposals of the Federal Government, a constituent and legislative national assembly. The three Governments, who have always supported and continue to support the unification of Germany as soon as it can take place along democratic lines insuring the creation of a free Germany able to play its part in a peaceful association of free European nations, now renew their support for the idea of elections under the safeguarding conditions which have been specified as necessary to protect the individual and national liberties of the German people. They refer among other things to the letters sent by the British, French, and United States High Commissioners in Germany on May 26 [May 25], 1950 and on October 10, 1950 to General Chuikov, to the statements issued by the British, French, and United States Foreign Ministers in London on May 14, 1950 and in New York on September 19, 1950 and to the proposals made by the British, French, and United States Deputies at the Paris Four Powers Conference on March 5, 1951.8

6

5

In your recent letter you have made an additional proposal. You wrote:

The Federal Government feels obliged to do all in its power in order to ensure that the actual conditions for holding of all-German elections, proposed by it, are given. Vis-à-vis the territory at large, this can only be done by a neutral international commission-under United Nations control-carrying out investigations in the Soviet Zone and in the Federal Republic, to establish in how far prevailing cirumstances make the holding of free elections possible. The Federal Government requests that such an international enquiry be immediately carried out for the territory of the Federal Republic and would ask the governments represented in the Allied High Commission to propose the establishment of such a commission to the United Nations without delay. The Federal Government will in every way facilitate the execution of the tasks of such a commission and will in particular allow it access to all Federal and Land Administrative offices

1 Department of State Bulletin, Oct. 29, 1951, pp. 694-695.

2 Ibid., p. 694.

3 Documents on German Unity, vol. I (Frankfurt, 1951), pp. 153–154. ♦ Ibid., pp. 141–144.

5 Supra, doc. 56.

Documents on German Unity, vol. I, p. 157.

7 Supra, pp. 1709-1713.

Not printed.

as well as to all official papers and documents which it may require to see in order to complete its task.

The three Governments warmly welcome the constructive initiative which you have taken in making the proposal for a United Nations commission to investigate the extent to which prevailing circumstances allow the holding of free elections in the Federal Republic and in the Soviet Zone of Germany. They have not failed to note the desire of the Federal Government that such an inquiry take place immediately in its territory. The three Governments desire to inform you that they will, at the first suitable opportunity, put your views before the United Nations and will propose that the United Nations undertake an investigation over the whole area of Germany as is suggested in your letter. They consider that only by such means can it be expeditiously and satisfactorily determined whether or not conditions exist in the entire area of Germany which would make it possible to consider as a practical matter the holding of general elections.

65. GENERAL ASSEMBLY RESOLUTION 510 (VI),

DECEMBER 20, 19511

3

Whereas the Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America and France, acting on a proposal made by the German Federal Chancellor,2 have brought before the General Assembly a request for the 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,

Whereas the statements made by the representatives of the Federal Government of Germany, of Berlin, and of the Soviet Zone of Germany before the Ad Hoc Political Committee reveal differences of opinion with regard to the conditions existing in these areas, which make it essential that such an investigation shall be carried out by an impartial body,

The General Assembly,

Having regard to the Purposes and Principles of the United Nations as set out in the Charter, taking due account of the responsibilities of the four Powers regarding Germany, and desiring to make its contribution to the achievement of the unity of Germany in the interests of world peace,

1. Considers it desirable to give effect to the above request;

2. Resolves to appoint a Commission composed of representatives

U.N. General Assembly, Official Records, Sixth Session, Supplement No. 20 (A/2119), pp. 10-11.

2 See supra.

U.N. General Assembly, Official Records, Sixth Session, Annexes, agenda item 65, U.N. doc. A/1938.

1 Ibid., Ad Hoc Political Committee, 18th and 20th meetings.

of Brazil, Iceland, the Netherlands, Pakistan and Poland which shall carry out immediately a simultaneous investigation in the Federal Republic of Germany, in Berlin, and in the Soviet Zone of Germany to ascertain and report whether conditions in these areas are such as to make possible the holding of genuinely free and secret elections throughout these areas. The Commission shall investigate the following matters in so far as they affect the holding of free elections: (a) The constitutional provisions in force in these areas and their application as regards the various aspects of individual freedom, in particular the degree to which, in practice, the individual enjoys freedom of movement, freedom from arbitrary arrest and detention, freedom of association and assembly, freedom of speech, press and broadcasting;

(b) Freedom of political parties to organize and carry out their activities;

(c) The organization and activities of the judiciary, police and other administrative organs;

3. Calls upon all authorities in the Federal Republic, in Berlin, and in the Soviet Zone to enable the Commission to travel freely throughout these areas; and to allow the Commission freedom of access to such persons, places and relevant documents as it considers necessary in the course of executing its task and to allow it to summon any witnesses whom it wishes to examine;

4. (a) Directs the Commission to report at the earliest practicable date to the Secretary-General, for the consideration of the four Powers and for the information of the other Members of the United Nations, on the results of its efforts to make the necessary arrangements with all the parties concerned to enable it to undertake its work according to the terms of the present resolution;

(b) Directs the Commission, if it is able to make the necessary arrangements throughout the areas concerned, similarly to report on the findings resulting from its investigation of conditions in these areas, it being understood that such findings may include recommendations regarding further steps which might be taken in order to bring about conditions in Germany necessary for the holding of free elections in these areas;

(c) Directs the Commission, if it is unable forthwith to make these arrangements, to make a further attempt to carry out its task at such time as it is satisfied that the German authorities in the Federal Republic, in Berlin, and in the Soviet Zone will admit the Commission, as it is desirable to leave the door open for the Commission to carry out its task;

(d) Directs the Commission in any event to report, not later than 1 September 1952, on the results of its activities to the SecretaryGeneral, for the consideration of the four Powers and for the information of the other Members of the United Nations;1

5. Declares that the United Nations is prepared, after being satisfied that the conditions throughout the areas concerned are such as to

1 See infra, docs. 67 and 70.

make possible the holding of genuinely free and secret elections, to offer its assistance in order to guarantee the freedom of the elections; 6. Requests the Secretary-General to furnish the Commission with the necessary staff and facilities.

66. NOTE FROM THE AMERICAN EMBASSY AT MOSCOW TO THE SOVIET FOREIGN MINISTRY, MARCH 25, 19521

The United States Government, in consultation with the Governments of the United Kingdom and France, has given the most careful consideration to the Soviet Government's note of March 10, 1952,2 which proposed the conclusion of a peace treaty with Germany. They have also consulted the Government of the German Federal Republic and the representatives of Berlin.

The conclusion of a just and lasting peace treaty which would end the division of Germany has always been and remains an essential objective of the United States Government. As the Soviet Government itself recognizes, the conclusion of such a treaty requires the formation of an all-German Government, expressing the will of the German people. Such a Government can only be set up on the basis of free elections in the Federal Republic, the Soviet zone of occupation and Berlin. Such elections can only be held in circumstances which safeguard the national and individual liberties of the German people. In order to ascertain whether this first essential condition exists, the General Assembly of the United Nations has appointed a Commission to carry out a simultaneous investigation in the Federal Republic, the Soviet zone and Berlin. The Commission of Investigation has been assured of the necessary facilities in the Federal Republic and in Western Berlin. The United States Government would be glad to learn that such facilities will also be afforded in the Soviet zone and in Eastern Berlin, to enable the Commission to carry out its task.

3

The Soviet Government's proposals do not indicate what the international position of an all-German Government would be before the conclusion of a peace treaty. The United States Government considers that the all-German Government should be free both before and after the conclusion of a peace treaty to enter into associations compatible with the principles and purposes of the United Nations.

In putting forward its proposal for a German peace treaty, the Soviet Government expressed its readiness also to discuss other proposals. The United States Government has taken due note of this statement. In its view, it will not be possible to engage in detailed discussion of a peace treaty until conditions have been created for free elections and until a free all-German Government which could

'Department of State Bulletin, Apr. 7, 1952, pp. 530–531. The British and French Embassies delivered similar notes on the same date.

Ibid., pp. 531-532.

* See General Assembly Res. 510 (VI), Dec. 20, 1951; supra.

participate in such discussion has been formed. There are several fundamental questions which would also have to be resolved.

For example, the United States Government notes that the Soviet Government makes the statement that the territory of Germany is determined by frontiers laid down by the decisions of the Potsdam conference. The United States Government would recall that in fact no definitive German frontiers were laid down by the Potsdam decisions, which clearly provided that the final determination of territorial questions must await the peace settlement.

The United States Government also observes that the Soviet Government now considers that the peace treaty should provide for the formation of German national land, air, and sea forces, while at the same time imposing limitations on Germany's freedom to enter into association with other countries. The United States Government considers that such provisions would be a step backwards and might jeopardize the emergence in Europe of a new era in which international relations would be based on cooperation and not on rivalry and distrust. Being convinced of the need of a policy of European unity, the United States Government is giving its full support to plans designed to secure the participation of Germany in a purely defensive European community which will preserve freedom, prevent aggression, and preclude the revival of militarism. The United States Government believes that the proposal of the Soviet Government for the formation of German national forces is inconsistent with the achievement of this objective. The United States Government remains convinced that this policy of European unity cannot threaten the interests of any country and represents the true path of peace.

67. FIRST REPORT OF THE UNITED NATIONS COMMISSION TO INVESTIGATE CONDITIONS FOR FREE ELECTIONS IN GERMANY, APRIL 30, 1952 (Excerpt) 1

1

Section 1. Preparatory work in Paris and Geneva

27. The United Nations Commission to investigate Conditions for Free Elections in Germany, . . . held its first meeting on 11 February 1952 in the Palais de Chaillot, Paris. The Commission held two more meetings in Paris, one informal and the other formal, before its move to Geneva. At these meetings, the Commission decided on its name, the procedure governing its chairmanship and its headquarters. It also decided, while in Paris, that its first task after it had reconvened in Geneva would be to address the responsible authorities in Germany regarding the arrangements deemed necessary by the Commission to enable it to undertake its work in accordance with the terms of General Assembly resolution 510(VI).2 Drafts of the letters that it proposed to address to the Chairman of the

1 U. N. doc. A/2122, May 5, 1952, pp. 14–28. 2 Resolution of Dec. 20, 1951; supra, doc. 65.