TREATIES Convention between the United States of America and other American republics respecting the provisional administration of European colonies and possessions in the Americas. Signed at Habana July 30, 1940; ratification advised by the Senate of the United States September 27, 1940; ratified by the President of the United States October 10, 1940; ratification of the United States of America deposited with the Pan American Union at Washington October 24, 1940; proclaimed by the President of the United States February 12, 1942. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS & Convention between the Governments of the American Republics entitled "Convention on the Provisional Administration of European Colonies and Possessions in the Americas", was concluded and signed at Habana on July 30, 1940, by the respective Plenipotentiaries of the United States of America, Honduras, Haiti, Costa Rica, Mexico, Argentina, with a reservation, Uruguay, Ecuador, Bolivia, Chile, with two reservations, Brazil, Cuba, Paraguay, Panama, Colombia, with a reservation, Venezuela, with a reservation, El Salvador, Dominican Republic, Peru, Nicaragua, and Guatemala, a copy of which Convention duly certified by the Secretary of State of the Republic of Cuba is word for word as follows: CONVENTION ON THE PROVISIONAL ADMINISTRATION OF The Governments represented at the Second Meeting of Ministers of Foreign Affairs of the American Republics, [STATEMENT BY THE DEPARTMENT OF STATE: The convention for the Provisional Administration of European Colonies and Possessions in the Americas as signed at Habana is in the English, Spanish, Portuguese, and French languages. A certified copy of the signed text in the English language was furnished to the Government of the United States by the Secretary of State of the Republic of Cuba, pursuant to article XIX of the convention. The President ratified the convention in the English language by and with the advice and consent of the Senate, and his proclamation contains the English text only. Certified copies of the Spanish, Portuguese, and French texts were furnished to the Department of State by the Pan American Union, with which the signed original of the convention in English, Spanish, Portuguese, and French was deposited by the Government of Cuba after the United States had ratified the convention. The Spanish, Portuguese, and French texts are equally as authentic as the English text. DEPARTMENT OF STATE, Washington, February 12, 1942.] July 30, 1940 (T. 8. 977] 65714-43-PT. II—12 1273 CONSIDERING: One. That the American Republics have formulated at the Second Consultative Meeting the Act of Habana [1] with regard to the destiny of colonies of non-American countries located in this hemisphere as well as with respect to the provisional administration of such colonies; Two. That as a result of the events which are taking place in the European continent situations may develop in the territories of the possessions which some of the belligerent nations have in the Americas which may extinguish or materially impair the sovereignty which they exercise over them, or leave their government without a leader, thus creating a state of danger to the peace of the continent and a state of affairs in which the rule of law, order, and respect for life, liberty and the property of inhabitants may disappear; Three. That the American Republics consider that force cannot constitute the basis of rights, and they condemn all violence whether under the form of conquest, of stipulations which may have been imposed by the belligerents in the clauses of treaty, or by any other process; Four. That any transfer, or attempted transfer, of the sovereignty, jurisdiction, possession or any interest in or control over any such region to another non-American State, would be regarded by the American Republics as against American sentiments and principles and the rights of American States to maintain their security and political independence; Five. That no such transfer or attempt to transfer or acquire any interest or right in any such region, directly or indirectly, would be recognized or accepted by the American Republics no matter what form was employed to attain such purposes; Six. That by virtue of a principle of American international law, recognized by various conferences, the acquisition of territories by force cannot be permitted; Seven. That the American Republics, through their respective government agencies, reserve the right to judge whether any transfer or attempted transfer of sovereignty, jurisdiction, cession or incorporation of geographic regions in the Americas, possessed by European countries up to September 1, 1939, has the effect of impairing their political independence even though no formal transfer or change in the status of such region or regions shall have taken place; Eight. That in the cases foreseen, as well as any others which might leave the government of such regions without a leader, it is, therefore, necessary to establish a provisional administrative regime for such regions until such time as their definitive regime is established by the free determination of their people; Nine. That the American Republics, as an international community which acts strongly and integrally, using as a basis political and juridical principles which they have applied for more than a century, [Executive Agreement Series 199; 54 Stat. 2491.] have the unquestionable right, in order to preserve their unity and security, to take such regions under their administration and to deliberate as to their destinies, in accordance with their respective degrees of political and economic development; Ten. That the provisional and transitory character of the measures agreed to does not imply an oversight or abrogation of the principle of non-intervention which regulates inter-American life, a principle proclaimed by the American Institute, recognized by the meeting of jurists held at Rio de Janeiro and fully reaffirmed at the Seventh International American Conference held at Montevideo; Eleven. That this community has therefore international juridical capacity to act in this manner; Twelve. That in this case, the most appropriate regime is that of a provisional administration; and that this system entails no danger because the American Republics do not entertain any purpose whatsoever of territorial aggrandizement; Thirteen. That the establishment of a special provisional regime in the present convention and in the Act of Habana concerning the provisional administration of European colonies and possessions in the Americas does not eliminate or modify the system of consultation agreed upon at Buenos Aires, confirmed at Lima, and practiced at Panama and Habana. Fourteen. Being desirous of protecting their peace and safety and of promoting the interests of any of the regions herein referred to which may fall within the purview of the foregoing recitations, have resolved to conclude the following convention: I 54 Stat. 2491. Replacement of control by non-American If a non-American State shall directly or indirectly attempt to replace another non-American State in the sovereignty or control state. which it exercised over any territory located in the Americas, thus threatening the peace of the continent, such territory shall automatically come under the provisions of this convention and shall be submitted to a provisional administrative regime. II The administration shall be exercised, as may be considered advisable in each case, by one or more American States, with their previous approval. III When the administration shall have been established for any region it shall be exercised in the interest of the security of the Americas and for the benefit of the region under administration, with a view to its welfare and progress, until such time as the region is in a position to govern itself or is restored to its former status, whenever the latter is compatible with the security of the American Republics. Administration. Duration of provisional administration. IV The administration of the region shall be exercised under conditions which shall guarantee freedom of conscience and of worship, subject to the regulations which public order and good habits may demand. V The administration shall enforce the local laws coordinating them with the purposes of this convention, but it may furthermore adopt such measures as may be necessary to meet situations in which such laws do not exist. VI In all that concerns commerce and industry, the American nations shall enjoy the same situation and benefits, and the administrator is forbidden to establish a privileged position for itself or its nationals or for certain states. Open economic relations shall be maintained with all countries on a reciprocity basis. VII Natives of the region shall participate, as citizens, in public administration and in the courts of justice without further qualification than their capacity so to do. VIII To the extent that it may be practicalbe, rights of every sort shall be governed by local law and custom, and vested rights shall be protected in accordance with such law. IX Abolition of forced labor. Educational facili ties. Organic Act. Annual report. Forced labor shall be abolished in the regions where it exists. X The administration shall provide facilities for education of all kinds with the two-fold purpose of developing the wealth of the region and improving the living conditions of the population, especially as regards public and individual hygiene and preparation for the exercise of political autonomy as soon as possible. XI The natives of a region under administration shall have their own Organic Act which the administration shall establish, consulting the people in whatever manner is possible. XII The administration shall submit an annual report to the interAmerican organization entrusted with the control of the regions under administration, of the manner in which it has fulfilled its functions, attaching thereto copies of its accounts and of the measures adopted in the region during the year. XIII The organization referred to in the preceding article shall be competent to take cognizance of the petitions submitted by inhabitants of the region through the medium of the administration, with reference to the exercise of the provisional administration. The administration shall transmit, with this petition, such observations as it may deem proper. XIV Petitions by inhabitants. Term of first admin The first administration shall be granted for a period of three years; istration; renewals. at the end of this period, if necessary, it shall be renewed for successive periods not longer than ten years. XV The expenses incurred in the exercise of the administration shall be defrayed with the revenues of the region under administration but in case they are insufficient the deficit shall be met by the State or States which act as administrators. XVI Expenses. "Inter-American Commission for Terri tion." A commission to be known as the "Inter-American Commission for Territorial Administration" is hereby established, to be composed of a torial Administrarepresentative from each one of the States which ratifies this convention; it shall be the international organization to which this convention refers. Once this convention has become effective, any country which ratifies it may convoke the first meeting proposing the city in which it is to be held. The Commission shall elect its chairman, complete its organization and fix its definitive seat. Two-thirds. of the members of the Commission shall constitute a quorum and twothirds of the members present may adopt decisions. XVII Establishment of provisional adminis The Commission is authorized to establish a provisional administration in the regions to which the present convention refers; allow such tration. administration to be exercised by the number of States which it may determine in each case, and supervise its exercise under the term of the preceding articles. XVIII Exclusion of certain disputed, etc., terri None of the provisions contained in the present convention refers to territories or possessions which are the subject of dispute or claims tories. between European powers and one or more of the Republics of the Americas. XIX The present convention is open for signature by the American Republics at the City of Habana and shall be ratified by the High Contracting Parties in conformity with their constitutional procedures. The Secretary of State of the Republic of Cuba shall transmit at the earliest possible date authentic certified copies to the governments for Ratification proce dure. |