to enable it to undertake its work, the Chairman of the Commission stated that it would be necessary to publish at an appropriate time the agreement the Commission hoped to reach with the Federal Government in order to assure the people of the Federal Republic that they could co-operate with the Commission without fear and in perfect freedom.

43. The Federal Chancellor, after stating his belief that his Government would provide the Commission with all the facilities and guartees it had requested, replied that, as soon as possible after his Government had had an opportunity of considering the memorandum, a formal reply would be provided.

44. The Commission further met with the authorities of the Federal Republic on 18 March to discuss the contents of its memorandum. Following the clarifications offered by the Commission, the representatives of the Federal Republic stated that a formal reply along the lines agreed at the meetings would be given to the Commission on 19 March and that the Federal Government would, without delay, initiate such legislative measures as were necessary to grant certain of the facilities and assurances required by the Commission.1 45. The Government of the Federal Republic of Germany submitted its reply 2 to the Commission's memorandum at a meeting on 19 March. The Chairman of the Commission, in acknowledging it with appreciation, stated that the Commission was entirely satisfied therewith.

46. During its stay in Bonn, the Commission held a press conference, at which over a hundred correspondents were present, to explain the object of its visit to Germany.

47. On 20 March, the Commission left Bonn for Berlin, travelling by commercial airline. At a meeting held in Berlin on the evening of its arrival, the Commission decided that it would submit to the representatives on the Inter-Allied Kommandatura, with whom it had already arranged to hold a meeting the next day, a memorandum similar to the ones it had earlier presented to the Allied High Commission and to the Federal Republic, to try and secure from them also an agreement regarding the facilities it would need in Berlin. At the same meeting, the Commission approved the text of a broadcast to the German people to be delivered on behalf of the Commission by Mr. Kohnstamm.3

48. The Commission met on 21 March representatives on the InterAllied Kommandatura and submitted to them the memorandum already referred to. General Carolet (French Military Governor of

1 The legislative measures necessary to grant certain of the safeguards the Commission had asked for were passed into law by the Bundestag on 26 March 1952 and by the Bundesrat on 28 March. The law was signed by the President of the Federal Republic on 4 April 1952, and was promulgated on 8 April in the Federal Gazette. [Footnote in original text.] For an English translation of this legislation, see U.N. doc. A/2122, pp. 50-52.

2 Ibid., pp. 47-49.

3 Address of Mar. 21, 1952; ibid., pp. 69–71.

Berlin), Chairman of the Inter-Allied Kommandatura, stated that, in so far as he, the United Kingdom and the United States Commanders in Berlin were concerned, he could give the Commission the assurance that, within the limits of their competence and resources, they would be prepared to do everything they could to provide the Commission with the guarantees and facilities it needed. General Carolet confirmed his statement in a formal reply he sent the Commission the same day. The Commission took note of this reply and expressed its satisfaction therewith.

49. After its meeting with the Inter-Allied Kommandatura, the Commission met with Mr. Reuter, Governing Mayor of West Berlin, and other representatives of the Berlin Senate to submit a memorandum similar to the ones it had submitted earlier to the InterAllied Kommandatura, the Allied High Commission and the Federal Republic. Mr. Reuter, in welcoming the Commission, stated that the people of Berlin earnestly wished to be reunited with their fellowcountrymen in the area of Germany occupied by the Soviet Union authorities under a single Government by means of genuinely free elections, and assured the Commission of his Government's co-operation in its work. He said that representatives of his Government desired to discuss the Commission's memorandum with it at another meeting, and he hoped to present his Government's official reply to the Commission the following day.

50. The Chairman of the Commission, in submitting the memorandum, thanked Mr. Reuter for his assurances of co-operation. Thereafter, speaking in German, he stated that the impossible situation in which the citizens of Berlin were forced to live was a daily reminder to the world that such division could not and must not last indefinitely. He conveyed the sympathy of the Commission to the Berlin population that was enduring hardships on account of the division of the city.

51. The Commission held a second meeting the same afternoon with the representatives of the (West) Berlin Senate. Following an exchange of views, Mr. Reuter stated to the Commission that his Government's answer to its memorandum would be exactly the same as that of the Government of the Federal Republic, and that the reply would be delivered to the Commission the next day.

52. On 22 March, Mr. Reuter handed over to the Commission the reply of his Government to the Commission's memorandum. The Chairman of the Commission, in acknowledging it with appreciation, stated that the Commission was entirely satisfied with the reply.

53. The Commission held on the same day a press conference, at which about two hundred press correspondents were present, to explain the object of its visit to Germany and to give an account of

1 Ibid., p. 56.

Ibid., pp. 59-61. On Apr. 29, 1952, the Berlin House of Representatives enacted a Law to Secure and Facilitate the Tasks of the United Nations Commission in Germany, which was published in the Berlin Law Gazette on May 8, 1952. For an English translation of this law, see U.N. doc. A/2122/Add. 1, June 3, 1952.

the results of its efforts to make with the authorities concerned the arrangements deemed necessary by it to enable it to undertake its work.

54. In the seven days the Commission spent in Bonn and Berlin, it completed the work it had set out to do. It had concluded agreements that it regarded as satisfactory with the Allied High Commission for Germany, the Government of the Federal Republic of Germany, the Inter-Allied Kommandatura (in so far as the authority of this body extended over those areas of Berlin over which the French, United Kingdom and United States Commanders in Berlin exercised authority), and with the Government of West Berlin.

55. Before its return to Geneva, however, the Commission met in Berlin on 23 March to decide on its next step. It agreed that another appeal should be addressed to General Chuikov soon after the Commission's return to Geneva and instructed its Chairman to despatch it not later than 26 March. The Commission thereafter left Berlin on 23 and 24 March, proposing to reconvene on 8 April, or earlier if necessary, to consider the situation.

Section 3. Work of the Commission after its return from Germany 56. In its third letter to the Chairman of the Soviet Control Commission for Germany dated 26 March 1952, the Commission drew General Chuikov's attention to its two earlier letters to him dated 22 February and 10 March respectively, and pointed out that it had not received a reply from him to those letters. The Commission further informed General Chuikov that it had concluded satisfactory agreements with the responsible authorities in the Federal Republic of Germany and in West Berlin, and that its ability "to undertake the work entrusted to it by the United Nations is now entirely dependent on the willingness of the responsible authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin to conclude similarly satisfactory arrangements with the Commission". The Commission again sought General Chuikov's good offices to arrange a meeting between it and the appropriate authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin to enable the Commission to make with those authorities the necessary arrangements to undertake its work. It transmitted to General Chuikov for his information the texts of the memoranda it had submitted to the authorities in the Federal Republic and in West Berlin and the replies received from them. This letter was sent both by telegram and by air mail and was later released to the Press. The Commission did not receive a reply to this letter.

57. At meetings held on 8 and 9 April, the Commission reached the conclusion that it must before long report to the Secretary-General of the United Nations on the results of the efforts it had so far made with all parties concerned to make the necessary arrangements to enable it to undertake its work, and it was of the view that this report

1 U. N. doc. A/2122, pp. 36-37.

should, if possible, be submitted by the end of April. The Commission further decided that it should make one more appeal to General Chuikov, requesting him to facilitate it in the discharge of its duties. 58. In its fourth and last letter to the Chairman of the Soviet Control Commission for Germany dated 9 April 1952, the Commission drew General Chuikov's attention to its three earlier letters to him dated 22 February, 10 March and 26 March respectively, and pointed out that it had not received a reply from him to those letters. Stating again that the Commission's ability to undertake its work was entirely dependent on the willingness of the responsible authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin to conclude agreements with the Commission similar to the ones already concluded with it by the authorities in Western Germany, the Commission again requested General Chuikov to facilitate it in the discharge of its duties. It further informed him that it felt obliged, under its terms of reference, to report before long to the SecretaryGeneral on the results of its activities so far, and that it intended to submit a report by the end of April 1952. In view of this conclusion, it requested an answer before 27 April 1952. In concluding its letter, the Commission stated that "in the event of the Commission not receiving a reply from you by the time indicated, the Commission would, to its regret, be obliged to conclude that at present there is little prospect of its being able to pursue its task of investigation". This letter was sent both by telegram and by air mail and was later released to the Press. Up to the date of the signing of this report, the Commission has not received a reply from General Chuikov to any one of its four letters to him.

59. The Commission met from 28 April to 30 April to consider the present report. At its twenty-first meeting held on 30 April 1952, the Commission unanimously approved and signed the report.

PART III

RECAPITULATION OF THE COMMISSION'S WORK AND CONCLUSIONS 60. The United Nations Commission to investigate conditions for free elections in Germany, constituted by General Assembly resolution 510 (VI), submits the following recapitulation of its work and its conclusions.

61. The Commission, composed of the representatives of Brazil, Iceland, the Netherlands and Pakistan (Poland having declined to participate in its work), was convened to its first meeting on 11 February 1952 in Paris. Shortly thereafter it moved its headquarters to Geneva from where it began its substantive work as from 21 February. It decided that, under its terms of reference, its first task was to make with all the parties concerned such arrangements as it deemed necessary to enable it to undertake its work.

62. In its efforts to carry out its preliminary task, the Commission addressed a letter on 22 February to the Chairman of the Allied High Commission for Germany requesting his good offices to arrange meetings between the Commission and the appropriate authorities in the Federal Republic of Germany and in the Western Sectors of Berlin, suggesting that the meetings take place on 17 and 21 March respectively. The Commission addressed a similar letter on 22 February to the Chairman of the Soviet Control Commission for Germany requesting his good offices to arrange meetings between the Commission and the appropriate authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin, suggesting that the meetings take place on 17 and 21 March respectively.

63. On 1 March 1952, the Commission received a reply from the Allied High Commission to the effect that the meetings requested had been arranged. No reply having been received from the Soviet Control Commission of Germany by 10 March, the Commission wrote a second letter on 10 March 1952 to the Chairman of the Soviet Control Commission reiterating the request it had made in its first letter. The Commission did not receive a reply to its second letter.

64. After having prepared a set of identic memoranda concerning the arrangements deemed necessary by the Commission to enable it to undertake its work and which the Commission decided to submit to the authorities in Germany that expressed their willingness to meet with it, the Commission left Geneva on 15 March 1952 for Germany. The Commission stayed in Germany from 16 to 23 March. During this period, it was able to conclude satisfactory agreements concerning the arrangements it required to do its work with the following authorities: (a) the Allied High Commission for Germany; (b) the Government of the Federal Republic of Germany; (c) the Inter-Allied Kommandatura in Berlin (in so far as the authority of this body extended over those areas of Berlin over which the French, United Kingdom and United States Commanders in Berlin exercised authority); and (d) the Government of the Western Sectors of Berlin.

65. Following its return to Geneva, the Commission addressed a third letter on 26 March 1952 to the Chairman of the Soviet Control Commission for Germany and a fourth on 9 April. In its last letter, the Commission stated that it would appreciate receiving a reply as early as possible and in any event before 27 April.

66. The Commission, bearing in mind the direction given to it by paragraph 4 (a) of General Assembly resolution 510 (VI), decided on 9 April 1952 that it should report before long to the Secretary-General of the United Nations on the results of its efforts to make with all the parties concerned the arrangements deemed necessary by it to enable it to undertake its work. It was of the view that its report should, if possible, be submitted by the end of April. Not having received a reply to any of its four letters to the Soviet Control Commission before 27 April, the Commission decided on 28 April to proceed with the preparation and submission of the present report.