appointment of a Commission to carry out this verification by agreement among the four Powers. It is not clear to the United States Government whether the Soviet Government considers that the Commission should be composed of representatives of the four Powers or merely that the four Powers should agree on its composition, and the United States Government would be pleased to receive clarification on this point. The United States Government remains convinced that a Commission composed solely of nationals of the four Powers would be unable to reach useful decisions since it could only reflect present differences of opinion among the four Powers as to conditions existing in the Federal Republic, in the Soviet Zone and in Berlin. The United States Government considers that if the Commission is to carry out its work effectively, it should be composed of impartial members, should not be subject to veto or control by the four Powers and should be empowered to go freely into all parts of Germany and investigate conditions bearing on the possibility of holding free elections.

In regard to the second step, the United States Government similarly proposed that as soon as the Commission's report was ready there should be a meeting of representatives of the United States, French, Soviet and United Kingdom Governments to discuss the early holding of free elections throughout Germany, including the creation where necessary of appropriate conditions. The United States Government maintains this proposal to which the Soviet Government has not yet replied.

70. SECOND REPORT OF THE UNITED NATIONS COMMISSION TO INVESTIGATE CONDITIONS FOR FREE ELECTIONS IN GERMANY, AUGUST 5, 1952 1

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1. The United Nations Commission to investigate Conditions for Free Elections in Germany submits to the Secretary-General the present report covering its work during the period from May to August 1952 in pursuance of the direction given to it by the General Assembly of the United Nations.

2. In compliance with the direction given to it under the terms of paragraph 4 (a) of the resolution adopted by the General Assembly on 20 December 1951 (resolution 510 (VI))2 on the agenda item entitled "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", the Commission submitted on 1 May 1952 [30 April] its report 3 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 said resolution.

3. This first report of the Commission contained an account of its activities from 11 February 1952, the date when the Commission first met and organized itself, to 30 April 1952, the date by which the Commission considered it was obliged to submit its first report, after having made in that preliminary period every reasonable effort to make the necessary arrangements with all the parties concerned to enable it to undertake its work.

4. The present report, which supplements the first and is in a sense a postscript to it, contains a brief account of the work of the Commission in the three-month period subsequent to the submission of the first report, including a brief summation of the views of the Commission as regards developments in the German situation in so far as they may be regarded as having had a bearing on the specific task the Commission was required to carry out.

5. The report is being submitted in accordance with the direction to the Commission contained in paragraph 4 (d) of General Assembly resolution 510 (VI), which "directs the Commission in any event to report, not later than 1 September 1952, on the results of its activities to the Secretary-General, for the consideration of the four Powers and for the information of the other Members of the United Nations".

6. At its 24th meeting held on 31 July 1952 in Geneva, the Commission decided that the final report it was required to submit according to the terms of paragraph 4 (d) of the resolution quoted above should not be delayed any longer, as, in its view, there appeared at the time hardly any further possibility of its being able to carry out its task of simultaneous investigation throughout the whole of Germany of conditions for free elections in that country. Throughout the period of three months during which the Commission has had to remain in Geneva at no little sacrifice to the Member Governments concerned, in constant session and ready to go into action at any time it could do so or it appeared feasible to make an attempt to do so, it had become increasingly evident that the unwillingness to co-operate with and assist the Commission to discharge its task displayed at the sixth session of the General Assembly by the representatives of the Union of Soviet Socialist Republics and of the German authorities in the Soviet Zone of Germany, remained undiminished.

7. It will be recalled that the Commission in its first report stated the then existing position in paragraphs 67 and 68, which for the sake of ready reference are reproduced below:

"While the Commission has been successful in carrying out its preliminary task in the Federal Republic of Germany and in the Western Sectors of Berlin, it has not thus far been able to establish reciprocal contact with the authorities in the Soviet Zone of Germany and in the Eastern Sector of Berlin even by correspond

ence. The Commission consequently has not thus far been able to make with the authorities concerned in the Soviet Zone of Germany and in the Eastern Sector of Berlin the arrangements deemed necessary by it to enable it to undertake its work in accordance with its terms of reference. Bearing in mind the infructuous efforts it has made on four separate occasions to appeal to the Soviet Control Commission for Germany to facilitate it in the discharge of its duties, the Commission, to its regret, is obliged to conclude that at present there is little prospect of its being able to pursue its task.

"However, in view of the fact that sub-paragraph 4 (c) of General Assembly resolution 510 (VI) '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', the Commission will remain at the disposal of the United Nations and the parties concerned, and will make a further attempt to implement its mandate at such time as it seems likely to the Commission that new steps may lead to positive results".

8. In all the period that the Commission has had to remain in session in Geneva since the submission of its first report in order to make an effort to implement, if feasible, the directions given to it by paragraphs 4 (c) and 4 (b) of General Assembly resolution 510 (VI), the Commission had hoped that the authorities of the USSR as well as the German authorities in the Soviet Zone of Germany would ultimately see their way clear to co-operate with the Commission, an impartial, international body set up by the United Nations with the positive support of forty-five out of its sixty Members, and one that had already received every assurance of co-operation from the authorities representing by far the greater portion of the German people. This hope was entertained by the Commission because of its understanding that the authorities of the USSR as well as the German authorites in the Soviet Zone of Germany, were as anxious as the three Western Powers and the authorities in the Federal Republic of Germany and the Western Sectors of Berlin to bring about a peaceful solution to the German question by way of the formation of a freely elected all-German government with which the four occupying Powers could proceed to negotiate a peace treaty. It seemed clear to the Commission that the four occupying Powers were agreed that an essential preliminary to the formation of an all-German government was that it should be formed on the basis of free elections, and further that, prior to the formation of such a government, an investigation by an impartial body was necessary to determine whether existing conditions throughout Germany admitted of the possibility of genuinely free elections. It was the Commission's hope that the Government of the USSR, anxious as it was for a quick and just solution to the German question, would ultimately be persuaded to

repose faith in a body that had been set up by an overwhelming majority of its colleagues in the United Nations.

9. In the period between the submission of its first report and before it could make a further attempt to carry out its task, the Commission considered that it would have to be reasonably certain that, at whatever time it did make the further attempt, it would be attended with some prospect of success. The Commission, therefore, was perforce concerned to consider closely developments in the German situation arising out of the exchange of Notes between the USSR on the one hand, and France, the United Kingdom and the United States of America on the other, as well as significant developments inside Germany itself.

10. The series of Notes on the German question exchanged between the USSR and the three Western Powers, it will be recalled, commenced with one from the USSR dated 10 March 1952, by which date the Commission had been in existence and at work for a month. By the time the Commission submitted its first report on 1 May 1952, the USSR had addressed two Notes to the three Western Powers (on 10 March and 9 April 2 respectively), and the three Western Powers had replied on 25 March3 to the first Soviet Note. Between 1 May and 5 August 1952, the date on which the present report was adopted by the Commission, three further Notes were exchanged between the four occupying Powers. In none of the six Notes could the Commission discern any agreement whatsoever between the USSR and the three Western Powers as to utilization of the Commission in carrying out an investigation in all of Germany to determine whether existing conditions there made it possible to hold genuinely free elections in that country. Indeed, what became more obvious as a result of the exchange of the series of Notes was the following: (1) that the three Western Powers, while they continued to maintain more or less strongly their preference for the present United Nations Commission, were nevertheless prepared at the same time "to consider any other practical and precise proposals for an impartial commission of investigation which the Soviet Government may wish to put forward, on the one condition that they are likely to promote the early holding of free elections throughout Germany" and (2) that the USSR, continuing to maintain its objection to the competence of the United Nations to concern itself with the German question, rejected investigation by the present Commission, while it was agreeable to an investigation by another impartial commission formed by the four Powers occupying Germany.

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1 Department of State Bulletin, Apr. 7, 1952, pp. 531-532. Ibid., May 26, 1952, pp. 819-820.

Supra, doc. 66.

The three Western Powers replied to the second Soviet note on May 13, 1952 (supra, doc. 68). The Soviet Union sent its third note to the three Western Powers on May 24, 1952 (Department of State Bulletin, July 21, 1952, pp. 93-96). The three Western Powers replied to the third Soviet note on July 10, 1952 (supra).

Quoted from the text of the Note of the three Western Powers dated 13 May 1952 addressed to the USSR. [Footnote in original.]

11. The Commission, at this point, would like to make certain observations. While on the one hand, the Commission derives its mandate solely from the General Assembly of the United Nations, it is, on the other hand, entirely dependent on the willingness of all the parties concerned to co-operate unreservedly with it for the execution of its mandate. It has so far been unable to secure this co-operation from the authorities in the Soviet Zone of Germany, and it could see at the time of the adoption of the present report little prospect of its being able to do so in the near future. The Commission, as a United Nations body, is anxious above all for an early, just and peaceful solution of the German question, regardless of whether the steps contributing to such a solution are to be worked out under the auspices of the United Nations or not. The United Nations, the Commission is confident, would at all times be prepared to heed any appeal for its assistance in the finding of a peaceful solution to this question. This being its view, the Commission would not desire to suggest that it alone affords the only impartial means of investigating existing conditions in all of Germany. The Commission would consider its existence and its work hitherto justified, and its mission in substance fulfilled, if, by agreement among the four occupying Powers, another equally impartial body were to be set up which could and would carry out the essentials of the mandate entrusted to the present United Nations Commission.

12. Apart from its consideration of the situation arising out of the exchange of the series of Notes between the USSR and the three Western Powers, the Commission, during the last three-month period, has also been watching with concern reports of internal developments in Germany. These have been such as to afford no hope to the Commission that the German authorities in the Soviet Zone of Germany will co-operate with it in the execution of its task.

13. At its 23rd meeting held on 11 July, the Commission felt that it might perhaps be well for it to wait to consider the USSR reply to the Note of the three Western Powers dated 10 July before deciding to submit the present report and adjourn its session sine die. However, after further prolonged deliberation, it decided that, if past events provided any indication of the nature of things to come, there was little prospect of its being able to carry out its task any further beyond what it had been able to do in the preliminary period of its activity. At its 24th meeting held on 31 July, the Commission decided, therefore, to submit its final report and adjourn its session sine die, desiring, however, to maintain its headquarters and secretariat in the Palais des Nations, Geneva, until the expiry of its mandate. While with the adjournment sine die of its session the Commission has left its representatives free to resume duty with their respective Governments, the Commission as a body wishes, however, again to lay stress on the fact that, in compliance with the resolution of the General Assembly, it will continue to remain at the disposal of the United Nations and all the parties concerned to carry out its task during such time as the mandate entrusted to it remains in force, and