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The Drafting of the Human Rights Provisions of the UN Charter

Published online by Cambridge University Press:  21 May 2009

Farrokh Jhabvala
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Extract

More than fifty years ago, some fifty States met in San Francisco to draw up the blueprint for the management of the future relations between States. Acting under the influence of the long and bloody conflict that was just coming to an end – a conflict which had left no doubt about the enormous capacity of States for oppressing, torturing and killing large numbers of individuals – the States present at San Francisco radically departed from the past by granting to the new institution certain powers and duties relating to human rights. Prior to the Second World War, there had been virtually no international standards that States were required to respect or observe in dealing with their own people, a void that was made painfully obvious by the Holocaust and other acts of mass brutality and death. Because the term ‘human rights’ basically describes and relates to the relationship between a State or its government and its own people, a relationship that is second to none in being ‘domestic’, the States at San Francisco were ploughing the deepest of all possible inroads into the affairs of sovereign States.

Type
Research Article
Information
Netherlands International Law Review , Volume 44 , Issue 1 , May 1997 , pp. 1 - 31
Copyright
Copyright © T.M.C. Asser Press 1997

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Footnotes

*

Professor of International Relations, Florida International University.

References

1. See, e.g., the Bangkok Declaration (April 2, 1993), which reaffirms the principle of noninterference in the internal affairs of States and castigates the ‘imposition of incompatible values’. See also Jhabvala, F., ‘The Soviet Bloc's View of the Implementation of Human Rights Accords’, 7 Human Rights Q. (11 1985) p. 461.Google Scholar

2. See, e.g., Amnesty International Report (1995);Google Scholar Amnesty International, Getting Away with Murder (1993).Google Scholar

3. US Dept. of State, Dumbarton Oaks Documents on International Organization, Publ. 2257 (1945) pp. 5–16;Google Scholar reproduced in United Nations Information Organizations, Documents of the United Nations Conference on International Organization,San Francisco,1945, vol. 3 (1945)Google Scholar (hereinafter cited as ‘UNCIO’) pp. 1–23, at p. 19. For a brief description of early US drafts see Sohn, L.B. and Buergenthal, T., International Protection of Human Rights (1973) pp. 507–508.Google Scholar

4. Russell, R. and Muther, J., A History of the United Nations Charter (1958) pp. 423–424.Google Scholar

5. Ibid. at p. 424.

6. Ibid. at p. 429. See also infra nn. 54 and 79 and associated texts.

7. Russell, and Muther, , op. cit. n. 4, at p. 779.Google Scholar

8. Robinson, J., Human Rights and Fundamental Freedoms in the Charter of the United Nations (1946) pp. 18–19.Google Scholar

9. Art. 76 appears in Chapter XII of the Charter, which pertains to the International Trusteeship System. By its terms of reference, Chapter XII applies to ‘the administration and supervision of such territories as may be placed [under the international trusteeship system] by subsequent individual agreements’, mat is, to ‘trust territories’. UN Charter, Art. 75. See also, Goodrich, L.M., Hambro, E. and Simons, A.P., Charter of the United Nations, 3rd rev. edn. (1969) pp. 466–467.Google Scholar Thus, the obligations undertaken by Member States that administered trust territories, under Art. 76, were limited to trust territories.

10. Doc. G/14(d)(l), 6 UNCIO, op. cit. n. 3, pp. 529–530.Google Scholar A proposed preamble was also submitted by Colombia, Doc. G/14(s), idem, at pp. 528–529, but was not discussed.

11. Second Meeting of Committee 1/1,6 UNCIO, op. cit. n. 3, pp. 276–277. Unless otherwise noted, all references to committee discussions at San Francisco are to the Summary Reports of meetings as included in the UNCIO volumes.Google Scholar

12. Ibid. at p. 277.

13. Fourth Meeting of Committee 1/1, ibid. at p. 287.

14. Doc. G/14(d)(1), ibid. at pp. 529–530; and 3 UNCIO, op. cit. n. 3, pp. 476–477.Google Scholar

15. Report of die Rapporteur, Subcommittee I/l/A, Section 3, to Committee 1/1, Doc. 785, 1/1/28, 6 UNCIO, op. cit. n. 3, p. 358.Google Scholar

16. Idem. These aspirations were repeated in die Report of die Rapporteur of Committee 1 to Commission I, Doc. 944, 1/1/34(1), idem. at pp. 449–450.

17. This opening phrase was suggested by die US delegate, Virginia Gildersleeve; see Russell, and Mudier, , op. cit. n. 4, at pp. 912–915.Google Scholar The words were suggested to me drafting subcommittee ‘by me leading words in die Constitution of me United States of America’ Report of me Rapporteur of Committee 1 to Commission I, supra n. 16 at p. 450.

18. Draft Preamble (as approved by Committee I/l/A), Doc. WD 62 I/l/A/18, 6 UNCIO, op. cit. n. 3, p. 694. The reference to establishing conditions under which justice and respect for me obligations of international law and treaties can be maintained was moved to an earlier part of the draft preamble.Google Scholar

19. Reported by the South African delegate to the Thirteenth Meeting of Committee 1/1, ibid. at p. 365.

20. See, infra, n. 46 and associated text.

21. 6 UNCIO, op. cit. n. 3, pp. 366–368.Google Scholar

22. Ibid. at p. 366.

23. Ibid. at p. 359.

24. The Technical Committee viewed all provisions of the Charter as being ‘indivisible as in any other legal instrument, [and] equally valid and operative’. 6 UNCIO, op. cit. n. 3, p. 447. In the words of the Technical Committee:Google Scholar

‘The “Preamble” introduces the Charter and sets forth the declared common intentions which brought us together in this Conference and moved us to unite our will and efforts, and made us harmonize, regulate, and organize our international action to achieve our common ends.’ Ibid. at pp. 446–447. The Preamble is an integral part of the Charter. See Goodrich, , Hambro, and Simons, , op. cit. n. 9, p. 20.Google Scholar

25. 6 UNCIO, op. cit. n. 3, p. 366.Google Scholar

26. Verbatim Minutes of First Meeting of Commission I, ibid. at pp. 20–21.

27. Idem.

28. Doc. 1192, CO/185, ibid. vol. 15, pp. 260–261. The words ‘by the employment of were changed to ‘to employ’, and the article ‘the’ was introduced in the same paragraph before the word ‘economic’.

29. 3 UNCIO, op. cit. n. 3, p. 2; vol. 6, p. 534.Google Scholar

30. According to Russell and Muther, most delegations considered such amendments as expanding the purposes of the proposed organization, whereas the US delegation ‘thought of them primarily as clarifications’. Op. cit. n. 4, at p. 778.Google Scholar

31. Doc. G/14(1) (Australia); Doc. G/7(q) and (q)(1) (Egypt); Doc. G/14(h) (India); and Doc. G/7(c)(1) (Mexico); respectively at 6 UNCIO, op. cit. n. 3, pp. 535, 539, 541–542 and 544.Google Scholar

32. Doc. G/14(k), ibid. at p. 551.

33. Joint proposal of Brazil, Dominican Republic and Mexico, Doc. G/25, ibid. at p. 536; and France, Doc. G/7(o), ibid. at p. 540. The other two proposals, those of Uruguay and Panama, are cited infra, nn. 34 and 36.

34. Doc. G/7(a)(l), ibid. at pp. 552 and 571.

35. Idem.

36. Doc. G/7(g)(2), ibid. at pp. 545–549. The delegation of Cuba proposed a ‘Declaration of the Rights and Duties of the Individual’, but wanted its proposal to be submitted to the General Assembly. See Doc. 2, G/14(g), 3 UNCIO, op. cit. n. 3, p. 493 at pp. 495–502.Google Scholar

37. Doc. 2, G/29, 3 UNCIO, op. cit. n. 3, pp. 622–623;Google Scholar 6 UNCIO p. 555.Google Scholar The major impetus for the Sponsoring Powers’ amendments came from the United States; see the address by Secretary of State Stettinius, 12 Dept. of State Bulletin (June 3, 1945) p. 1008. The text of these proposed amendments appears in 12 Dept. of State Bulletin (May 6, 1945) pp. 851–855.

38. Third Meeting of Committee I/1, 6 UNCIO, op. cit. n. 3, p. 281.Google Scholar

39. Sixth Meeting of Committee I/1, ibid. at p. 296. The delegate of Venezuela criticized the ‘timidity’ of the phrase ‘promotion and encouragement of human rights’, and recommended instead a stronger phrase, such as ‘the defense of human rights’. The delegate of Haiti regretted that the concept of human rights appeared in Chapter I (Purposes) of the Charter but not in Chapter II (Principles), which ‘would have committed [nations] to definite adherence’ to the principle of promotion of human rights. See ‘Progress Report of Sixth Meeting of Committee I/1’, p. 2, unpublished files, UN archives, New York.

40. However, it was clear that this task was not one that could be completed at San Francisco. See infra n. 57 and associated text.

41. Sixth Meeting of Committee I/1, 6 UNCIO, op. cit. n. 3, p. 296; and ‘Progress Report of Sixth Meeting of Committee 1/1’, supra n. 39.Google Scholar

42. Report of the Rapporteur, Subcommittee I/l/A to Committee I/1, Doc. 723,I/l/A/19, 6 UNCIO, op. cit. n. 3, pp. 699–700.Google Scholar This report was not submitted to, and therefore was not formally adopted by, the subcommittee. However, it represented the Rapporteur's ‘understanding of the sense of the Subcommittee’, and was applauded by subcommittee members when it was presented to the full committee. See the Ninth meeting of Committee I/1, ibid. at p. 317.

43. Although attention was paid at San Francisco to the need to have a document that could receive the consent of the US Senate, it would be incorrect to conclude therefrom that other Big Powers had no problems with an enumeration of human rights in the Charter. Given the positions taken by the Soviet Union during the drafting of the Universal Declaration of Human Rights and the two covenants, it would not be unreasonable to surmise that the Soviet Union would have strenuously objected to the specific inclusion of civil and political rights in the UN Charter. See also supra n.l and infra n. 57.

44. Also see infra nn. 85, 88 and 95 and associated texts.

45. Report of the Rapporteur, Subcommittee I/l/A to Committee I/1, supra n. 42 at p. 705.

46. Idem.

47. 6 UNCIO, op. cit. n. 3, at p. 704.Google Scholar

48. Tenth Meeting of Committee I/1, ibid. at pp. 324–325.

49. Ibid. at p. 325.

50. 12 Dept. of State Bulletin (June 3, 1945) p. 1011 (emphasis added).

51. Tenth Meeting of Committee I/1, 6 UNCIO, op. cit. n. 3, p. 325.Google Scholar

52. Idem. It should be mentioned that in his speech Stettinius had also emphasized that the Economic and Social Council ‘is essentially a coordinating and recommendatory agency. It cannot interfere with the domestic affairs of any member nation. Its hope for success lies in the cooperation of the member nations …’ See n. 50 supra at p. 1011.

53. 6 UNCIO, op. cit. n. 3, p. 325.Google Scholar See also Russell, and Muther, , op. cit. n. 4, at p. 780 and fn. 6 there.Google Scholar

54. Tenth Meeting of Committee I/1, 6 UNCIO, op. cit. n. 3, p. 324.Google Scholar The Rapporteur's report did so indicate; see Report of the Rapporteur of Committee 1 to Commission I, Doc. 885, I/1/34, ibid. at p. 396.

55. Report of the Rapporteur, Subcommittee I/l/A to Committee 1/1, supra n. 42 at p. 705.

56. Fifteenth Meeting of Committee I/1, 6 UNCIO, op. cit. n. 3, p. 423.Google Scholar

57. Report of the Rapporteur of Committee 1 to Commission I, supra n. 54 at p. 456.

58. See, e.g., Ganji, M., International Protection of Human Rights (1962) pp. 120–121.Google Scholar The same impression was conveyed by Sohn, L.B. in ‘The Universal Declaration of Human Rights’, 8 J Int. Com. Jurists (1967) no. 2, p. 17, where he stated that the San Francisco conference ‘did not have time to prepare and insert in the Charter of the United Nations an “international bill of rights”’.Google Scholar

59. See Russell, and Muther, , op. cit. n. 4 at p. 780.Google Scholar

60. See, e.g., supra n. 44 and infra nn. 85, 88 and 95 and associated texts.

61. Verbatim minutes of the Second Meeting of Commission I, 6 UNCIO, op. cit. n. 3, p. 65.Google Scholar The Report of the Rapporteur of Commission I states that this article ‘received unanimous approbation’ in Commission I; Doc. 1142 I/9, ibid. at p. 230.

62. These provisions drew upon the Bruce Committee report of the League of Nations. See Report of the Special Committee, The Development of International Co-operation in Economic and Social Affairs, Special Supplement to the Monthly Summary of the League of Nations, vol. 19 (1939).Google Scholar

63. Terms of Reference for Commission II, Doc. 74, II/2, 8 UNCIO, op. cit. n. 3, p. 16;Google Scholar and First Meeting of Committee II/3, ibid. vol. 10 p. 5.

64. Section A(2) of Chapter IX and Section B(7) of Chapter V dealt, respectively, with the proposed functions of the Economic and Social Council and the General Assembly relating to the coordination of the existing and anticipated specialized agencies.

65. Doc. 2, G/29, 3 UNCIO, op. cit. n. 3, pp. 623, 626–627;Google Scholar and Doc. 157, II/3/5, 10 UNCIO pp. 299–329.Google Scholar

66. These proposals are included in Docs. 157, II/3/5, and 206, II/3/5(a), ibid. vol. 10, pp. 299–370.

67. Doc. 1, G/l, 3 UNCIO p. 19.Google Scholar

68. Doc. 2, G/29, ibid. at p. 626. The words added by the Sponsoring Powers’ amendment are emphasised.

69. Russell, and Muther, , op. cit. n. 4 at p. 781. See also ‘Draft Report of the Rapporteur of Committee II/3’, p. 4, unpublished files, UN archives, New York.Google Scholar

70. Fifth Meeting of Committee II/3, 10 UNCIO, op. cit. n. 3, pp. 27–28.Google Scholar

71. Sixth Meeting of Committee II/3, ibid. at pp. 32–33.

72. For a background to US objections to the use of the term ‘full employment’ see Russell, and Muther, , op. cit. n. 4, at pp. 781–783.Google Scholar

73. Ibid. at pp. 781–782.

74. Seventh Meeting of Committee II/3, 10 UNCIO, op. cit. n. 3, p. 39.Google Scholar

75. Idem. ‘An overwhelming majority of the Committee… agreed that whatever the technical difficulties of the term “full employment”, it was preferable to use it than to adopt other language which might indicate that the Organization was to be pusillanimous in its approach to one of the most fundamental economic problems’. See ‘Draft Report of the Rapporteur of Committee II/3’, supra n. 69 at p. 4.

76. 10 UNCIO, op. cit. n. 3, pp. 39–40.Google Scholar See also Russell, and Muther, , op. cit. n. 4, at p. 784.Google Scholar

77. Doc. 2, G/14(t), reproduced in Doc. 157, II/3/5, 10 UNCIO, op. cit. n. 3, pp. 306–307.Google Scholar

78. Ibid. at pp. 306–308.

79. First Report of Drafting Subcommittee, Doc. 358, II/3/A/1, ibid. at p. 373. Committee 1/1 adopted a similar statement; see supra n. 54 and associated text.

80. Doc. 2, G/14(l), p. 4; reproduced in Doc. 157, II/3/5, ibid. at p. 306. There were, of course, other proposals that sought to strengthen the human rights reference in Chapter I, paragraph 3, discussed above.

81. Russell, and Muther, , op. cit. n. 4, at p. 784.Google Scholar

82. See below. In the Coordination Committee it was explained that the intention of Committee II/3 had been ‘to reinforce “respect” which has the connotation of passive acceptance, by “observance” which is intended to imply active implementation’. It was also added that’ “observance” implies an obligation to change the laws of one's country to implement this article …’ See Sohn, and Buergenthal, , op. cit. n. 3, at p. 511.Google Scholar

83. Supra.

84. Report of the Rapporteur of Committee II/3, Doc. 861, II/3/55(1), 10 UNCIO, op. cit. n. 3, pp. 270–271.Google Scholar

85. Russell, and Muther, , op. cit. n. 4, at p. 784.Google Scholar

86. Ninth Meeting of Committee II/3, 10 UNCIO, op. cit. n. 3, p. 52.Google Scholar

87. Doc. WD 17, II/3/22, ibid. at p. 74; and Tenth Meeting of Committee II/3, ibid. at pp. 57–58.

88. Ibid. at pp. 57–58.

89. Tenth Meeting of Committee II/3, ibid. p. 58.

90. Idem.

91. Ibid. at p. 59.

92. Eleventh Meeting of Committee II/3, ibid. at p. 83.

93. Idem. See also Report of the Rapporteur of Committee II/3, supra n. 84 at pp. 271–272. This report was approved without discussion by Commission II. Verbatim Minutes of Second Meeting of Commission II, 8 UNCIO, op. cit. n. 3, p. 64.Google Scholar The Rapporteur's report as adopted by Commission II appeared as Doc. 924, II/12, ibid. at pp. 79–93.

94. Ninth Meeting of Committee II/3, 10 UNCIO, op. cit. n. 3, p. 52.Google Scholar

95. Tenth Meeting of Committee II/3, ibid. at pp. 57–58; and Russell, and Muther, , op. cit. n. 4 at p. 784.Google Scholar

96. Report of the Rapporteur of Committee II/3, supra n. 84 at p. 280.

97. Doc. 2, G/14(l), 3 UNCIO, op. cit. n. 3, pp. 546–547. In addition, the delegate of Canada proposed that members agree to cooperate fully with each other and with the UN to achieve the stated objectives. See ‘Private Agenda of Chairman (of Committee II/3) for Meeting of May 11, 1945’, unpublished files, UN archives, New York.Google Scholar

98. Ibid. pp. 546–547.

99. Supra n. 71 and associated text.

100. Third report of the drafting subcommittee, Doc. WD 18, II/3/A/3, 10 UNCIO, op. cit. n. 3, p. 382.Google Scholar See also Russell, and Muther, , op. cit. n. 4, at pp. 786–788.Google Scholar

101. Twelfth Meeting of Committee II/3, ibid. p. 100.

102. Idem.

103. Sixth report of the drafting subcommittee of Committee II/3, Doc. WD 46, II/3/35, ibid. at p. 394.

104. Fourteenth Meeting of Committee II/3, ibid. at p. 130.

105. Fifteenth Meeting of Committee II/3, ibid. at p. 139.

106. Idem.

107. Idem.

108. Ibid. at p. 140.

109. Idem.

110. Eighth report of the drafting subcommittee II/3/A, Doc. WD 66, II/3/A/7, ibid. at p. 401.

111. Seventeenth Meeting of Committee II/3, ibid. at p. 161. See also ‘Progress Report, June 1, 1945, Status of the Work of Committee II/3’, p. 1, unpublished files, UN archives, New York.

112. Coordination Committee, 15 UNCIO, op. cit. n. 3, p. 90.Google Scholar

113. Doc. 1, G/l, ibid. vol. 3, pp. 19–20.

114. Doc. 2, G/29, ibid. at p. 627.

115. Third report of the drafting subcommittee, supra n. 100 at p. 380.

116. Ibid. at pp. 380–381.

117. Eleventh Meeting of Committee II/3, 10 UNCIO, op. cit. n. 3, p. 84.Google Scholar

118. Report of the Rapporteur of Committee II/3, supra n. 84 at pp. 275 and 282.

119. Eleventh Meeting of Committee II/3, 10 UNCIO, op. cit. n. 3, p. 85.Google Scholar

120. Verbatim minutes of Second Meeting of Commission II, 8 UNCIO, op. cit. n. 3, p. 64;Google Scholar and, work of die Coordination Committee, ibid. vol. 15, p. 93.

121. Doc. 1, G/l, ibid. vol. 3, pp. 5–6. Para. 7 of the same section proposed to authorize the Assembly to make recommendations for the coordination of the policies of the specialized agencies.

122. Doc. 2, G/29, ibid. p. 623. The Sponsoring Powers’ amendment also gave die Assembly the power of examining die ‘administrative budgets’ of the specialized agencies and making recom- mendations to them.

123. Eleventh Meeting of Committee II/3, 10 UNCIO, op. cit. n. 3, p. 85; and Report of the Rapporteur of Committee II/3, supra n. 84 at pp. 274, 280.Google Scholar

124. Twelfth Meeting of Committee II/3, ibid. p. 101; and Fourth report of the drafting subcommittee, Doc. WD 24, II/3/A/4, ibid. at p. 387.

125. Report of the Rapporteur of Committee II/3, supra n. 84 at p. 274.

126. Coordination Committee, 15 UNCIO, op. cit. n. 3, p. 54.Google Scholar

127. Doc. 1, G/l, ibid. vol. 3, p. 3.

128. Ibid. at p. 21.

129. Doc. 157, II/3/5, ibid. vol. 10, pp. 300–301; and, First Meeting of Committee II/3, ibid. at p. 6.

130. Fourth Meeting of Committee II/3, ibid. at p. 22.

131. Doc. 2, G/29, 3 UNCIO, op. cit. n. 3, p. 627.Google Scholar

132. Respectively proposed by Brazil (Doc. 2, G/7(o)(3)), Haiti (Doc. 2, G/7(b)(l)), the Philippine Commonwealth (Doc. 2, G/14(k)), and Panama (Doc. 2, G/7(g)(a)); reproduced in Doc. 157 II/3/5, ibid. vol. 3, pp. 325–327. Uruguay also proposed a commission on ‘education and culture’, Doc. 2, G/7(a)(l), reproduced in Doc. 206, II/3/5(a), ibid. at p. 339.

133. Thirteenth Meeting of Committee II/3, ibid. at p. 122. This reversal in the US position was due to the fact that the ‘unofficial consultants’ to the US delegation favored a full-fledged specialized agency for cultural matters and that negotiations were already under way at the time for the establishment of UNESCO. See Russell, and Muther, , op. cit. n. 4, at p. 792.Google Scholar

134. The States which preferred such an approach were Canada and New Zealand. Russell and Muther, op. cit. n. 4, at p. 792. 135. Idem. In contrast, the United States was strongly in favor of commissions comprised solely of experts. The Soviet Union, on the other hand, felt that no expert could be independent of his government. Russell, and Muther, , op. cit. n. 4, at p. 794.Google Scholar

136. Fourteenth Meeting of Committee II/3, 10 UNCIO, op. cit. n. 3, p. 131.Google Scholar

137. Seventh report of drafting subcommittee II/3/A, Doc. WD 61, II/3/A/61, ibid. at p. 398.

138. Sixteenth Meeting of Committee II/3, ibid. at p. 151.

139. Idem.

140. Idem.

141. Ibid. at p. 152. The US delegate was strongly committed to the creation of a commission on human rights and to its mention in the Charter. Russell, and Muther, , op. cit. n. 4, at p. 792.Google Scholar

142. Coordination Committee, 15 UNCIO, op. cit. n. 3, p. 95. The last sentence of the Dumbarton Oaks proposals relating to a permanent staff for the Council appears in Charter Art. 101(2).Google Scholar

143. Russell, and Muther, , op. cit. n. 4, at p. 808.Google Scholar The Report of the Rapporteur of Committee II/4 to Commission II, states that the committee ‘found no terms of reference for its work in the Dumbarton Oaks Proposals’. Doc. 1115, 10 UNCIO, op. cit. n. 3, p. 607,Google Scholar reprinted in The United Nations Conference on International Organization, Selected Documents(1946) pp. 650–660Google Scholar (cited hereinafter as ‘Selected Documents’). Similarly, the Chairman of Committee II/4 advised the committee at its first meeting that the Dumbarton Oaks draft and the Chinese proposals ‘contained nothing which could form a basis for this Committee's work’. Summary Report of First Meeting of Committee II/4, Doc. 113, ibid. p. 423.

144. Russell, and Muther, , op. cit. n. 4, at p. 808.Google Scholar

145. Ibid. at pp. 808–809.

146. The Working Paper was prepared by the American delegation and took into account the suggestions of the other sponsoring governments, France, Australia and Mexico. Fourth Meeting of Committee II/4, Doc. 310, 10 UNCIO, op. cit. n. 3, p. 439.Google Scholar The text of the Working Paper is in Doc. 323, ibid. p. 677, reprinted in Selected Documents, op. cit. n. 143, at pp. 647–649Google Scholar (see fn. 14 there). It was discussed and ‘accepted’ by the four sponsoring governments and France, although its text included the disclaimer that it was ‘not proposed by any government at this time …’ ibid. p. 677; Selected Documents at p. 647 and fn. 14 there.

147. Doc. 323, ibid. p. 677; Russell, and Muther, , op. cit. n. 4, at pp. 808–809.Google Scholar

148. See Doc. 323, ibid. pp. 677–683; Selected Documents, op. cit. n. 143, at pp. 647–649.Google Scholar The US paper, entitled ‘Arrangements for International Trusteeship’, upon which the Working Paper was largely based, also did not include any specific references to, or obligations to respect, human rights. The US paper is reproduced in US Dept. of State, Postwar Foreign Policy Preparation, 1939–1945, Publication 3580 (February 1950), Appendix 63, pp. 686–687, reprinted in Russell, and Muther, , op. cit. n. 4, Appendix K at pp. 1030–1031.Google Scholar

149. Statement of the delegate of China, Third Meeting of Committee II/4, Doc. 260, 10 UNCIO, op. cit. n. 3, p. 434.Google Scholar

150. Idem. Committee II/4 was split on the idea of independence. Among the States that addressed the issue, Britain was opposed to the inclusion of independence as one of the objectives of the trusteeship system whereas the Soviet Union and Mexico were in favor of the inclusion of independence as an objective of die proposed system. Fourth Meeting of Committee II/4, Doc. 310, ibid. at pp. 440–441; Fifth Meeting of Committee II/4, Doc. 364, ibid. at p. 446.

151. Thirteenth Meeting of Committee II/4, Doc. 877, ibid. p. 513; Docs. 892, 912, ibid. pp. 525 and 533 respectively.

152. Another issue that exercised delegates was the possibility that particular territories might be identified for inclusion in the trusteeship system. These concerns were allayed by the committee chairman, who assured those at die meeting that ‘each delegate on die Committee would have every opportunity to make sure that nothing went into die Charter that would prejudice die rights of his country’. Fifth Meeting of Committee II/4, Doc. 364, ibid. p. 446. Russell, and Mudier, , op. cit. n. 4, at pp. 831–832.Google Scholar

153. Doc. 877, ibid. at p. 514; Russell, and Mudier, , op. cit. n. 4, at pp. 832–833.Google Scholar

154. Verbatim minutes of die Second Meeting of Commission II, ibid. vol. 8, p. 60.