WESTERN SAMOA

Press, Volume LXXXII, Issue 25030, 12 November 1946, Page 3

WESTERN SAMOA

AGREEMENT FOR TRUSTEESHIP DRAFT SUBMITTED TO UNITED NATIONS (P.A.) WELLINGTON, November 11. A draft trusteeship agreement for Western Samoa been submitted by the New Zealand Government to the Secretary-General of the United Nations and to the people of Western Samoa, according to an announcement to-day by the Prime Minister (the Rt. Hon. P. Fraser), who also released the text of this agreement. The intention of the New Zealand Government to place the former Mandated Territory of Western Samoa under the international trusteeship system established by the Charter of the United Nations was announced by Mr Fraser in January this year at the first session of the General Assembly in London.

Mr Fraser, in his statement to-day, said the application of the trusteeship system t> Western Samoa required the conclusion of a trusteeship agreement, and the- draft which New Zealand, as the Mandatory Power, had prepared, and which had received the general support of other States interested in the formulation of the terms of trusteeship for that territory, had been placed before the present session of the United Nations Assembly. The text had also been placed before the Legislative Council of Western Samoa and the Fautua, the honorary advisers on native affairs. It would be discussed by the Administration with a fono of all Samoans, which meant a meeting of Samoans holding official positions and non-official representatives of leading families from districts.

“The major considerations which have influenced the preparation of the draft in its present form,” said Mr Fraser, “have been:— “(1) The interests of the Samoans, which the New Zealand Government regards as paramount. “(2) The provisions of the Charter of the United Nations relating to trusteeship agreements. “(3) The desirability of adhering as closely as possible to the form of the League of Nations mandate. Mandated Trusteeship “In general, the terms of trusteeship are based on the terms of the existing mandate. There are, however, certain differences between the trusteeship provisions of the United Nations Charter and the principles laid down in the League of Nations Covenant in relation to mandates. Much greater emphasis is placed on the development of the inhabitants of non-self-governing territories towards eventual self-government or independence, ‘as may be appropriate to the particular circumstances of each territory and its people.’ The administering authority accepts a positive obligation to administer the territory in such a way as to assist in the attainment of this objective. “New Zealand gladly accepts this duty. Indeed, it has been a cardinal principle of our administration of Western Samoa,” said Mr Fraser. He added that another difference between the trusteeship system and a mandate was the method of supervision. Mr Fraser briefly outlined the differences between the work of the Permanent Mandates Commission of the League and the Trusteeship Council of the United Nations, adding that the Trusteeship Council not only might receive reports, but could also arrange periodic visits to trust territories. A third point of difference was that the trusteeship system required that trust territories should play a proper part in the maintenance of international peace and security. The mandate system was much more limited, and the only defence arrangements that could be made were the raising of volunteer forces inside the territory for its local defence and for the maintenance of law’ and' order. “The Government will, of course, given full consideration to the views of the Camoans and to any suggestions that may be made by the Assembly,” said Mr Fraser. “We will, however, adhere firmly to the main principle on which the initial draft is based, namely, that our willingness to place Western Samoa under trusteeship is contingent upon negotiation of the terms of trusteeship which will best serve the interests of the Samoan people and w’ill attain the objectives of the Charter.” Terms of Agreement

The terms of the draft agreement designate the Government of New Zealand as the administering authority for Western Samoa, the administering authority having full powers of administration, legislation, and jurisdiction over the territory, subject to the provisions of the agreement, as an integral part of New Zealand. The administering authority undertakes to administer Western Samoa in a manner achieving the basic objectives of the international trusteeship system, namely, furthering international peacfe and security, promoting the political, economic, social, and educational advancement of the inhabitants and their progressive development towards self-government or independence, the encouragement of human rights and the fundamental freedoms for all, and securing equal treatment in social, economic, and commercial matters for all members of the United Nations and their nationals. The administering authority will develop participation of the inhabitants of Western Samoa in advisory and legislative bodies and in the government of the territory.

In framing laws the administering authority shall take into consideration Samoan customs and usages and shall respect the rights and safeguard the interests of both the present and future Samoan population It stipulates that no native land may be transferred without the prior consent of a competent public authority, and no right Over native land in favour of any person not a Samoan may be created except with the same consent. Freedom of worship, and the right to establish naval, military, and air bases or stations, or to employ armed forces in the territory are also provided for, as is the reference to the International Court of Justice of any dispute which cannot be settled by negotiation between the administering authority and any other member of the United Nations relating to the interpretation or application of the trusteeship agreement.