Samoans Reject Trusteeship

(N.Z.) Agreement

Plea to U.N.O. for Unity of Group and More Self-Government

AFTER deliberating for over a week, the all-Samoan Fono of representa tives of all Samoan districts, Fai pule, Fautua and Judges, decided not to accept the Draft Trusteeship Agreement as presented to the Samoans by the New Zealand Government.

Instead, they submitted a letter em bodying the views of the Samoan rep resentatives, as accepted at the Fono of November 18, at Mulinuu, and culminat ing in three main demands.

These demands were transmitted by radio to the Prime Minister of New Zea land and forwarded by him to the Trus teeship Council of U.N.O. U.N.O. Com mittee approved the draft on December 11.

THE following is the letter sent by the Samoans to the Administrator of Western Samoa, Apia, on Nov. 18: “Sir —We, the Fautua, Members of the Legislative Council, Associate Judges, Faipule and District Representatives of all Western Samoa, respectfully ask you to submit to the present session of the United Nations’ Organisation, through the New Zealand Government, the freely expressed wishes of the Samoan people, as declared at a Fono held at Mulinu’u on 18th November, 1946, based on our firm belief in the principles of the At lantic Charter, which have been pro claimed throughout the world and con firmed by the House of Parliament in New Zealand, and for which millions of lives have been sacrificed.

“The proposed Draft Agreement of the Trusteeship, concerning which you sought our views, was discussed at length at the said Fono and, while we recognise that this represents an ad vance upon the Mandate, we feel that an acceptance of it would bring us no nearer our ultimate aim of self-govern ment, for which we have earnestly and consistently striven under the Mandate.

“We are appreciative of the progress in social services and the sympathetic treatment accorded to us during the past ten years by the Labour Govern ment, and would like to express herein our sincere gratitude for the efforts made on behalf of the rights of the small nations by the Right Honourable the Prime Minister, before the Council of the United Nations’ Organisation.

“On the basis of the sacred rights of self-government, as upheld and defended by the British Commonwealth of Nations, and on the principles of the Atlantic Charter, we feel confident that our resolutions, as set out hereunder, will be granted: 1. We humbly beseech that Samoa be granted self-government. 2. We earnestly pray that New Zea land will see fit to act as Protector and Advisor to Samoa, in the same capacity as England is to Tonga. 3. We sincerely pray that the un natural division of the islands of the Samoan group, enforced by the Three Powers in the past without the consent of the Samoans, be left in abeyance until a meeting can be arranged between Eastern and Western Samoa.

Yours very respectfully,

(signatures follow).

(The division of Samoa into Western

and Eastern Samoa, under Germany and United States respectively, was en forced by the Three Power Treaty, signed by Britain, United States and Germany in 1899.) THE following is the text of the docu ment which was submitted to the Samoans in Apia: Revised Draft Trusteeship Agreement for Western Samoa.

Whereas the territory of Western Samoa has been administered in accord ance with Article 22 of the Covenant of the League of Nations and pursuant to a mandate conferred upon His Britan nic Majesty to be exercised on his be half by the Government of New Zea land: Article 75—AND WHEREAS the Char ter of the United Nations signed at San Francisco on June 26, 1945, provides for the establishment of an international trusteeship - system for the administra tion and supervision of such territories as may be subject of Trusteeship Agree ments (Art. 75): AND WHEREAS under the said Char ter the International Trusteeship Sys tem may be applied to territories now held under Mandate (Art. 77): AND WHEREAS the Government of New Zealand have indicated their wil lingness that the said International Trusteeship System be applied to West ern Samoa: AND WHEREAS the said Charter provides further that the terms of trus teeship are to be agreed upon by the States directly concerned, including the mandatory power, and approved by the United Nations (Arts. 79, 83, 85): NOW THEREFORE, the General As sembly of the United NaNtions, in ac cordance with the terms of the said Charter, having satisfied itself that the provisions of Article 79 of the Charter have been complied with, hereby resolves to approve the following terms of trus teeship for Western Samoa in substi tution for the terms of the aforesaid mandate (Arts. 75, 89): Article I—The territory to which this agreement applies is the territory known as Western Samoa, comprising the islands of Upolu, Savai’i, Manono, and Apolima, together with all other islands and rocks adjacent thereto. ll—The Government of New Zealand are hereby designated as the adminis tering authority for Western Samoa. 11l The administering authority shall have full powers of administra tion, legislation and jurisdiction over the territory, subject to the provisions of this agreement, as ah integral part of New Zealand, and may apply to the ter ritory, subject to any modifications which the administering authority may consider desirable, such of the laws of New Zealand as may seem appropriate to local conditions and requirements.

IV The administering authority undertakes to administer Western Samoa in such a manner as to achieve in that territory the basic objectives of the international trusteeship system, as expressed in Article 76 of the Charter of the United Nations, namely: (a) to further international peace and security;

(Continued on page 69)

(b) to promote the political, economic, social and educational advancement of the inhabitants of the trust ter ritories, and their progressive de velopment towards self-government or independence as may be appro priate to the particular circum stances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement. (c) to encourage respect for human right and for fundamental freedom for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the- peoples of the world; and (d) to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their Nationals, and also equal treatment for the latter in the administration of justice, without prejudice to the attainment of the foregoing objectives and sub ject to the provisions of Article 80.”

V—The administering authority shall promote the development of political institutions suited to Western Samoa. To this end and as may be appropriate to the particular circumstances of the ter ritory and its peoples, the administering authority shall assure to the inhabitants of Western Samoa a progressively in creasing share in the administrative and other services of the territory, shall de velop the participation of the inhabit ants of Western Samoa in advisory and legislative bodies and in the government

of the territory, and shall take all other appropriate measures with a view to the political advancement of the inhabitants of Western Samoa in accordance with Article 76 (b) of the Charter of the United Nations. • Vl—ln pursuance of its undertaking to promote the social advancement of the inhabitants of the trust territory, and without in any way limiting its obli gations thereunder, the administering authority shall: (1) prohibit all forms of slavery and slave-trading: (2) prohibit all forms of forced or com pulsory labour, except for essential public works and services as speci fically authorised by the local ad ministration and then only in times of public emergency, with adequate remuneration and adequate protec tion of the welfare of the workers; (3) control the traffic in arms and am munition ; (4) control in the interest of the in habitants the manufacture, import ation and distribution of intoxicat ing spirits and beverages.

VII The administering authority undertakes to apply in Western Samoa the provisions of any international con ventions and recommendations as drawn up by the United Nations or its speci alised agencies which are, in the opinion of the administering authority appropri ate to the needs and conditions of the trust territory, and conducive to the achievement of the basic objectives of the international trusteeship system.

VIII —In framing the laws to be ap plied in Western Samoa the administer ing authority shall take into considera tion Samoan customs and usages and shall respect the rights and safeguard the interests, both present and future,

of the Samoan population. In particu lar, the laws relating to the holding of transfer of land shall ensure that no Native land may be transferred save

with the prior consent of the competent public authority and that no right over Native land in favour of any person not a Samoan may be created except with the same consent.

IX— The administering authority shall ensure in the territory freedom of con science and the free exercise of all forms of worship, and shall allow missionaries, nationals of any State member of the United Nations, to enter into, travel and reside in the territory for the purpose of prosecuting their calling. The provi sions of this Article shall not however, affect the right and duty of the admin istering authority to exercise such con trol as it may consider necessary for the maintenance of peace, order and good government.

X— The administering authority shall ensure that the trust territory of West ern Samoa shall play its part, in accord ance with the Charter of the United Nations, in the maintenance of inter national peace and security. To this end the administering authority shall be en titled: (1) to establish naval, military and air bases and to erect fortifications in the trust territory; (2) to station and employ armed forces in the territory; (3) to make use of volunteer forces, facilities and asistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defence and the maintenance of law and order with in the trust territory; (4) to take all such other measures in accordance with the purposes and principles of the Charter of the

United Nations as are in the opinion of the administering auth ority necessary to the maintenance of international peace and security and the defence of Western Samoa.

Xl The administering authority shall as may be appropriate to the circum stances of the trust territory, continue and extend a general system of educa tion, including post-primary education and professional training.

XII— Subject only to the requirements of public order, the administering auth ority shall guarantee to the inhabitants of the trust territory, freedom of speech, of the press, of assembly and of peti tion.

XIII— The administering authority may arrange for the co-operation of Western Samoa in any regional advisory commission, regional technical organi sation, or other voluntary association of states, any specialised international bodies, public or private, or other forms of international activity not inconsistent with the Charter of the United Nations.

XIV The administering authority shall make to the General Assembly of the United Nations an annual report on the basis of a questionnaire drawn up by the Trusteeship Council in accordance with the Charter of the United Nations the Trusteeship Council in the discharge and shall otherwise collaborate fully with the Trusteeship Council in the discharge of all the Council’s functions. The admin istering authority shall arrange to be represented at the Sessions of the Trus teeship Council at which the reports of the administering authority with regard to Western Samoa are considered. (Art. 88.) XV—The terms of this agreement shall not be altered or amended except as pro

vided in Article 79 of the Charter of the United Nations.

XVI—If any dispute should arise be tween the administering authority and another member of the United Nations, relating to the interpretation or applica tion of the provisions of this agreement, such dispute, if it cannot be settled by negotiations or similar means, shall be submitted to the International Court of Justice.