G. Trusteeship, Self-Determination, and the Question of Colonialism

37. UNITED STATES RESPONSE TO CERTAIN CRITICISMS OF ITS ADMINISTRATION OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS: Statement Made by the Special Representative for the Administering Authority of the Trust Territory of the Pacific Islands (Nucker) Before the U.N. Trusteeship Council, May 4, 19601

There is general agreement in the Council regarding the needs of the Trust Territory of the Pacific Islands and the direction in which the adminstration should proceed. Therefore I think that in this closing statement I need only to clarify our thinking regarding the steps through which the trust territory can most successfully attain the desired goals and also to comment on certain specific suggestions.

It would appear from the statements of the various delegations3 that there is general consensus that satisfactory progress continues to be made in the education and health fields. The Administering Authority shares the concern expressed by certain members of the Council that more emphasis should be placed on increasing opportunities for secondary education. Our present educational program is designed to meet this growing need. New and enlarged intermediate schools are under way or are planned for all districts. The new Pacific Islands Central School allows ample opportunity for growth and expansion.

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We appreciate the comments of the World Health Organization on the territory's health program and assure the Council that these comments will be carefully studied by our public-health staff.

This, Mr. President, brings us to the economic and political fields, which, in my thinking, are somewhat intertwined. In today's world, political self-government or independence does not appear to depend upon economic viability. This is a subject which could be discussed for hours, and I do not wish to pursue it at that length. It does seem clear to me, however, that for Micronesia to be more than fictionally self-governing or independent there should be a better proportion between subsidization and local revenue than the present 5 to 1 ratio.

For this reason we are as anxious as other members of this Council to improve the economy of the territory. Suggestions have been made

'U.S.-U.N. press release 3396 (text as printed in the Department of State Bulletin, June 27, 1960, pp. 1043–1046).

The 26th session of the U.N. Trusteeship Council had under consideration the Trust Territory of the Pacific Islands 1959, 12th Annual Report to the United Nations on Administration of the Trust Territory of the Pacific Islands, July 1, 1958 to June 30, 1959, Transmitted by the United States of America to the United Nations Pursuant to Article 88 of the Charter of the United Nations (Department of State publication 6945).

'For the Council discussion of U.S. administration of the Trust Territory, see U.N. docs. T/PV.1059–1070, 1072, 1081, 1082, 1127, 1128, 1130, and 1134.

'See U.N. doc. T/1521.

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for the development of pineapple, fish, and other export products. We look forward to the proposed economic survey exploring thoroughly the production and marketing economics of these and other possibilities. I emphasize both production and marketing because it does little good to produce an item that cannot find a market at a price that will make its production worth while. On our part, however, we hope that an economic survey will reveal some potential economically feasible projects. If it does, we shall certainly pursue them in all

earnestness.

In the meantime, however, I wish to emphasize again that economic progress is being made. I have, in reply to questions, mentioned the fishing project, the expanded planting of cacao, and the introduction of pepper and other agricultural products. Continuing attention is being given to copra production. Production of copra had shown a steady and gratifying increase up to the time of the four typhoons in late 1957 and in 1958. It had, in fact, almost reached prewar production levels prior to that setback. We have high hopes for its rapid recovery and expansion beyond prewar levels. Because of the important role of shipping in the development of the economy, steps were taken last year to improve our transportation service, and procedures are currently under way for the acquisition of an additional vessel for field-trip service.

Assuming that it were possible to divorce entirely political development from economic development, the territory would still, in my opinion, be some years away from the political goal which members of this Council would like to see achieved within a few short years. And I would like to say at this point that, insofar as goals are concerned, the United States accepts either self-government or independence as being proper.

In saying that achievement of either of these goals is some years away, I cannot agree that this is due to any lack of effort on the part of the Administering Authority. In the tradition of the United States, as in that of many other countries, sound government rests upon three independent branches of government-executive, legislative, and judicial. In areas such as the trust territory it is logical and desirable that the initial emphasis be placed upon development of the legislative branch. This gives the executive branch an initial access to the thoughts and wishes of the people. Considering the fact that such legislative bodies were unknown prior to the present administration, I believe that our progress in the establishment of district congresses and the beginning of a Territorial Council has been noteworthy.

This does not mean, however, that a district congress can be given absolute powers of legislation. There are two principal reasons for this. First, the traditional societies, such as that in the Marshall Islands, are undergoing a change from the old hereditary chieftainship concepts to a more democratic concept. In the process of such

"Recommended by the Trusteeship Council in its report to the Security Council covering the period Aug. 2, 1958 to Aug. 6, 1959 (U.N. doc. S/4206).

a change it is the understandable desire of some to seek legislation to preserve their preferred status. Some authority must be able to review and, if necessary, veto such laws.

A second reason is that a legislative body having complete authority would destroy the checks and balances inherent in a three-branch government. This then behooves us to develop, along with the legislative branch, the executive and judicial branches. Again, in the development of the executive branch, I believe that, if the circumstances are considered, our progress has been noteworthy. Our training programs, be they scholarships, inservice, or special, have had, in these initial years, to be spread over all fields of activities, not concentrated solely on the development of an administrative corps for top positions in the executive branch of the government.

We now, however, have Micronesians serving in all levels of district government except for district and assistant district administrators, and I have stated to the Council our plans in this regard. I submit that this is a good record in light of the fact that, for training purposes, we have had only one generation of young Micronesians with which to work for any extended period of time. These young men have shown ability and are developing well, but a good administrator must have sound practical experience in governmental methods. This experience is being provided, and the executive branch of the Micronesian government will benefit from it and will be in a position to participate in the check-and-balance system between the executive and legislative branches.

Insofar as the judicial branch of the government is concerned, I was much disturbed at the statement made by the oral petitioners as to their lack of confidence in the trust territory High Court." This court consists of an American Chief Justice and Associate Justice in whose impartiality I have complete faith and who participate in the training of lower-court judges, one of whom incidentally is an uncle of one of the oral petitioners.

In our program to develop the judicial branch of the government we have had regular judicial conferences for the improvement of the court procedures and have had special training courses for those who appear before the courts as public defenders and trial assistants. At the recent Judicial Conference the theme of the 5-day conference was the importance of the three equal and independent branches of the government and of the role in particular of the judiciary. Our efforts to improve the judicial branch will continue in order that the third branch of the government may be fully prepared to accept its position in our government.

We hope, thus, to bring all three branches of the government of the trust territory as rapidly as possible to the point that they may operate fully and effectively in a Micronesian government. There is no desire on our part to hold back such a government. We are prepared to have

See Mr. Nucker's statement of Apr. 25, 1960, before the U.N. Trusteeship Council; text in the Department of State Bulletin, June 27, 1960, pp. 1036-1043.

See footnote 3 above.

it develop as rapidly as possible. We do want it, however, to be a sound government. We want not only the legislative bodies but the other branches as well to understand governmental financing and sound administrative practices. In the light of the territory's potential economic and financial position such understandings are essential. We feel that our programs for municipal chartering, legislative development, and administrative training will provide this understanding.

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The question has been raised as to the legal position of the administration regarding expropriation or condemnation of land for public purpose. The question arose, I believe, because the annual report did not mention that we do in fact have a trust territory law which establishes the basis and procedures upon which any land condemnation action must be brought. Until recently the trust territory government has been able to reach mutually agreeable settlements with landowners for land needed by the administration. Consequently legal procedures in the absence of agreement were not needed. This gap, however, in the legal process for the condemnation of land, when necessary, has now been filled by the promulgation of a condemnation statute. I hope this clarifies the situation.

The integration of the island of Rota with the administration of the Saipan District has been raised by several of the delegates during this session. This matter has been under close study between the two departments concerned. Likewise the continued administration of the Saipan District by the Department of the Navy has been reviewed by my Government during the past year. To date, no decision has been reached to change the status quo. If it appears that the administration of the Saipan District cannot soon be transferred, consideration will be given to the request of the people of Rota, in their petition presented to the last visiting mission, that their island become part of the Saipan District.

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I have listened with keen interest to the oral petitioners." Though I cannot accept many of the arguments set forth by them, they are entitled to their opinions, and as is our practice in the territory their viewpoints shall be carefully studied in light of the total problem. The administration will make a special attempt to look into statements made by the petitioners that the Marshallese on Ebeye live in poverty and want. This I do not believe to be the case, for less than 2 months ago I visited Ebeye and I find it hard to accept that living conditions have deteriorated to the extent implied by the petitioners. I assure this Council that, if living conditions at Ebeye are imperiled by virtue of large numbers of outisland Marshallese having been drawn to Ebeye by the lure of "bright lights" and jobs at Kwajalein, we shall take immediate and remedial steps.

The petitioners have expressed their strong opinion that only a monthly or annual rental payment at a price they feel is just is accept

8 Cited in footnote 2 above.

I.e., the Department of the Interior and the Department of the Navy. 10 See U.N. doc. T/1484.

11 See U.N. docs. T/PV. 1061–1063.

able to them. I do not intend to dwell on this aspect, since in my answers to the Council and to the Standing Committee on Petitions I have stated the administration's position fully and in detail. In brief this is that any monthly payments-if that method of settlement is to be considered-must be based on the true value of the land as it existed at the time of acquisition, plus normal interest, not on an unrealistic formula based on a copra production schedule which is not found anywhere in the Marshalls or, in fact, throughout the entire territory. We hold that a lump-sum payment which would enable the people to invest the moneys received and thus maintain the principal and enjoy the fruits of their investment is a much more realistic approach to this perplexing problem. We contend also that our role as a trustee demands assurance of a fair and equitable division of any payment among those having an interest in the land.

In closing, Mr. President, may I state that, as in previous years, the administration will distribute the closing statements of the member delegations throughout the Trust Territory of the Pacific Islands. The staff members, Micronesian and American, take a real interest in the deliberations of this body, and I am desirous of enabling them to judge for themselves the viewpoints expressed by the members of this Council on the progress of our administration.

May I also thank you, Mr. President, and the members of the Council for their interest in the administration of the territory.

[THE QUESTION OF THE COMPOSITION OF THE UNITED NATIONS TRUSTEESHIP COUNCIL: Explanatory Memorandum of the U.N. Secretary-General (Hammarskjold), Submitted August 21, 1960-Ante, doc. 4]

"IT IS NECESSARY TO PUT AN END TO COLONIALISM ONCE AND FOR ALL, TO THROW IT ON TO THE DUSTHEAP OF HISTORY": Address by the Chairman of the Council of Ministers of the U.S.S.R. (Khrushchev) Before the U.N. General Assembly, September 23, 1960 12

"WE REJOICE TO SEE THE AGE OF COLONIES PASS INTO HISTORY AND A HOST OF NEW NATIONS EMERGING INTO THE COMMUNITY OF FREEDOM": Statement Made by the U.S. Representative (Wadsworth) Before the U.N. General Assembly, December 6, 1960 13

"U.N. doc. A/PV.869, pp. 73–74.

"U.S.-U.N. press release 3602; the Department of State Bulletin, Jan. 2, 1961, pp. 21-26.