Trusteeship Agreement.
PART I.
TANGANYIKA.
TEXT OF TRUSTEESHIP AGREEMENT AS APPROVED BY THE GENERAL ASSEMBLY
OF THE UNITED NATIONS.
New York, 13th December 1946.
Whereas the Territory known as Tanganyika has been administered in accordance with Article 22 of the Covenant of the League of Nations under a Mandate conferred on His Britannic Majesty; and
Whereas Article 75 of tile United Nations Charter signed at San Francisco on 26th June, 1945, provides for the establishment of an international trusteeship system for the administration and supervision of such territories as may be placed there under by subsequent individual agreements; and
Whereas under Article 77 of the said Charter the international trusteeship system may be applied to territories now held under Mandate; and
Whereas His Majesty has indicated his desire to place Tanganyika under the said international trusteeship system; and
Whereas in accordance with Articles 75 and 77 of the said Charter, the placing of a territory under the international trusteeship system is to be effected by means of a Trusteeship Agreement;
Now, therefore, the General Assembly of the United Nations hereby resolves to approve the following terms of trusteeship for Tanganyika:-
ARTICLE 1.
The Territory to which this Agreement applies comprises that part of East Africa lying within the boundaries defined by Article 1* of the British Mandate for East Africa, and by the Anglo-Belgian Treaty † of 22nd November, 1934, regarding the boundary between Tanganyika and Ruanda –Urundi.
ARTICLE 2.
His Majesty is hereby designated as Administering Authority for Tanganyika, the responsibility for the administration of which will be undertaken, by His Majesty’s Government in the United Kingdom of Great Britain and Northern Ireland.
ARTICLE 3.
The Administering Authority undertakes to administer Tanganyika in such a manner as to achieve the basic objectives of the international trusteeship system laid down in Article 76 of the United Nations Charter. The Administering Authority further undertakes to collaborate fully with the General Assembly of the United Nations and the Trusteeship Council in the discharge of all their functions as defined in Article 87 of the United Nations Charter, and to facilitate any periodic visits to Tanganyika which they may deem necessary, at times to be agreed upon with the Administering Authority.
ARTICLE 4.
The Administering Authority shall be responsible (a) for the peace, order, good government and defense of Tanganyika and (b) for ensuring that it shall play its part in the maintenance of international peace and security.
ARTICLE 5.
For the above-mentioned purposes and for all purposes of this Agreement, as may be necessary, the Administering Authority:
(a) shall have full powers of legislation, administration, and jurisdiction in Tanganyika, subject to the provisions of the United Nations Charter and of this Agreement;
(b) shall be entitled to constitute Tanganyika into a customs, fiscal or administrative union or federation with adjacent territories under his sovereignty or control, and to establish common services between such territories and Tanganyika where such measures are not inconsistent with the basic objectives of the international trusteeship system and with the terms of this Agreement:
(c) and shall be entitled to establish naval, military and air bases, to erect fortifications, to station and employ his own forces in Tanganyika and to take all such other measures as are in his opinion necessary for the defence of Tanganyika and for ensuring that the Territory plays its part in the maintenance of international peace and security. To this end the Administering Authority may make use of volunteer forces, facilities and assistance from Tanganyika 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 within Tanganyika.
ARTICLE 6.
The Administering Authority shall promote the development of free political institutions suited to Tanganyika. To this end, the Administering Authority shall assure to the inhabitants of Tanganyika a progressively increasing share in the administrative and other services of the Territory; shall develop the participation of the inhabitants of Tanganyika in advisory and legislative bodies and in the government of the Territory, both central and local, as may be appropriate to the particular circumstances of the Territory and its peoples; and shall take all other appropriate measures with a view to the political advancement of the inhabitants of Tanganyika in accordance with Article 76 (b) of the United Nations Charter.
ARTICLE 7.
The Administering Authority undertakes to apply in Tanganyika the provisions of any international conventions recommendations already existing or hereafter drawn up by the United Nations or by the specialised agencies referred to in Article 57 of the Charter, which may be appropriate to the particular circumstances of the Territory and which would conduce to the achievement of the basic objectives of the international trusteeship system.
ARTICLE 8.
In framing laws relating to the holding or transfer of land and natural resources, the Administering Authority shall take into consideration native laws and customs, and shall respect the rights and safeguard the interests, both present and future, of the native population. No native land or natural resources may be transferred, except between natives, save with the previous consent of the competent public authority. No real rights over native land or natural resources in favour of non-natives may be created except with the same consent.
ARTICLE 9.
Subject to the provisions of Article 10 of this Agreement, the Administering Authority shall take all necessary steps to ensure equal treatment in social, economic, industrial and commercial matters for all Members of the United Nations and their nationals and to this end:
(a) shall ensure the same rights to all nationals of Members of the United Nations as to his own nationals in respect of entry into and residence ‘in Tanganyika, freedom of transit and navigation including freedom of’ transit and navigation by air, acquisition of property both movable and immovable, the protection of persons and property, and the exercise of professions and trades;
(b) shall not discriminate on grounds of nationality against nationals of any Member of the United Nations in matters relating to the grant of concessions for the development of the natural resources of Tanganyika, and shall not grant concessions having the character of a general monopoly;
(c) shall ensure equal treatment in the administration of justice to the nationals of all Members of the United Nations.The rights conferred by this Article on nationals of Members of the United Nations apply equally to companies and associations controlled by such nationals and organised in accordance with the law of any Member of the United Nations.
ARTICLE 10.
Measures taken to give effect to Article 9 of this Agreement shall be subject always to the over-riding duty of the Administering Authority in accordance with Article 76 of the United Nations Charter to promote the political, economic, social and educational advancement of inhabitants of Tanganyika, to carry out the other basic objectives of the international trusteeship system, and to maintain peace, order and good government. The Administering Authority shall in particular be free:
(a) to organise essential public services and works on such terms and conditions as lie thinks just;
(b) to create monopolies of a purely fiscal character in order to provide Tanganyika with the fiscal resources which seem best suited to local requirements, or otherwise to serve the interests of the inhabitants of Tanganyika;
(c) where the interests of the economic advancement of the inhabitants of Tanganyika may require it, to establish or permit to be established, for specific purposes, other monopolies or undertakings having in them an element of monopoly, under conditions of propel public control; provided that, in the selection of agencies to carry out the purposes of this paragraph, other than agencies controlled by the Government or those in which the Government participates, the Administering Authority shall not discriminate on grounds of nationality against Members, of the United Nations or their nationals.
ARTICLE 11.
Nothing in this Agreement shall entitle any Member of the United Nations to claim for itself or for its nationals, companies and associations the benefits of Article 9 of this Agreement in any respect in which it does not give to the inhabitants, companies and associations of Tanganyika equality of treatment with the nationals, companies and associations of the State which it treats most favourably.
ARTICLE 12.
The Administering Authority shall, as may be appropriate to the circumstances of Tanganyika, continue and extend a general system of elementary education designed to abolish illiteracy and to facilitate the vocational and cultural advancement of the population, child and adult, and shall similarly provide such facilities as may prove desirable and practicable in the interests of the inhabitants for qualified students to receive secondary and higher education, including professional training.
ARTICLE 13.
The Administering Authority shall ensure in Tanganyika complete freedom of conscience and, so far as is consistent with the requirements of public order and morality, freedom of religious teaching and the free exercise of all forms of worship. Subject to the provisions of Article 8 of this Agreement and the local law, missionaries who are nationals of Members of the United Nations shall be free to enter Tanganyika and to travel and reside therein, to acquire and possess property, to erect religious buildings and to open schools and hospitals in the Territory. The provisions of this Article shall not, however, affect the right and duty of the Administering Authority to exercise such controls as he may consider necessary for the maintenance of peace, order and good government and for the educational advancement of the inhabitants of Tanganyika, and to take all measures required for such control.
ARTICLE 14.
Subject only to the requirements of public order, the Administering Authority shall guarantee to the inhabitants of Tanganyika freedom of speech, of the press, of assembly, and of petition.
ARTICLE 15
The Administering Authority may arrange for the co-operation of Tanganyika, in any regional advisory commission, regional technical organisation or other voluntary association of States, any specialised international bodies, public or private, or other forms of international activity not inconsistent with the United Nations Charter.
ARTICLE 16.
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 Article 88 of the United Nations Charter. Such reports shall include information concerning the measures taken to give effect to suggestions and recommendations of the General Assembly and the Trusteeship Council. The Administering Authority shall designate an accredited representative to be present at the sessions of the Trusteeship Council at which the reports of the Administering Authority with regard to Tanganyika are considered.
ARTICLE 17
Nothing in this agreement shall affect the right of the Administering Authority to propose, at any future date, the amendment of this Agreement for the purpose of designating the whole or part of Tanganyika as a strategic area or for any other purpose not inconsistent with the basic objectives of the international trusteeship system.
ARTICLE 18.
The terms of this Agreement shall not be altered or amended except as provided in Article 79 and Articles 83 or 85, as the case may be, of the United Nations Charter.
ARTICLE 19.
If any dispute whatever should arise between the Administering Authority and another Member of the United Nations relating to the interpretation or application of the provisions of this Agreement, such dispute, if it cannot be settled by negotiation or other means, shall be submitted to the International Court of Justice provided for in Chapter XIV of the United Nations Charter.
ARTICLE 1 OF THE BRITISH MANDATE FOR EAST AFRICA.
The territory over which a mandate is conferred upon His Britannic Majesty (hereinafter called the Mandatory) comprises that part of the territory of the former colony German East Africa situated to the east of the following line:
From the point where the frontier between the Uganda Protectorate and German East Africa cuts the River Mavumba, a straight line in a south-easterly direction to point 1640, about 15 kilometres south-south-west of Mount Gabiro;
Thence a straight line in a southerly direction to the north shore of Lake Mohazi, where it terminates at the confluence of a river situated about kilometres west of the confluence of the River Msilala;
If the trace of the railway on the west of the River Kagera between Bugufi and Uganda approaches within 16 kilometres of the line defined above, the boundary will be carried to the west, following a minimum distance of 16 kilometres from the trace, without, however, passing to the west of the straight line joining the terminal point on Lake Mohazi and the top of Mount Kivisa, point 2100, situated on the Uganda-German East Africa frontier about 5 kilometres south-west of the point where the River Mavumba cuts this frontier;
Thence a line south-eastwards to meet the southern shore of Lake Mohazi;
Thence the watershed between the Taruka and the Mkarange and continuing southwards to the north-eastern end of Lake Mugesera;
Thence the median line of this lake and continuing southwards across Lake Ssake to meet the Kagera;
Thence the course of the Kagera downstream to meet the western boundary of Bugufi;
Thence this boundary to its junction with the eastern boundary of Urundi;
Thence the eastern and southern boundary of Urundi to Lake Tanganyika.
The line described above is shown on the (attached) British I: 1,000,000 map G.S.G.S. 2932, sheet Ruanda and Urundi. The boundaries of Bugufi and Urundi are drawn as shown in the Deutscher Kolonialatlas (Dietrich-Reimer), scale:1,000,000 dated 1906.