396.1 GE/7–1454: Telegram
The United States Delegation to the Department of State1
priority
Secto 605. Repeated information Paris 56, Saigon 33. Pass Defense. Following is unofficial translation text of French delegation working paper2 on control in Cambodia and Laos similar to one on Vietnam reported in Secto 575:3
- “1. Responsibility for implementation of the agreement on the cessation of hostilities is assumed by the sides.
- “2. An International Commission is charged with control of the application of the provisions of the agreement on the cessation of hostilities in (Cambodia) (Laos); it is composed of representatives of the following States: (blank). It is presided over by the representative of (blank). It has its headquarters at (blank).
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“3. The International Commission will create inspection teams, fixed and mobile, composed of an equal number of officers designated by each of the above States.
The fixed teams will be stationed at the following points: (blank); these points can later be modified by agreement between the Government of (Cambodia) (Laos) and the International Commission.
The action zones of the mobile teams will be the areas bordering on the land frontiers (and sea frontiers of Cambodia) (of Laos); within the limit of their zones of action they will have the right of free movement and will receive from the local civil and military authorities all the facilities they may need to accomplish their missions (furnishing of personnel, making available of the necessary documents for control purposes, the summoning of witnesses for investigations, protection of the security and of the freedom of movement of the inspection teams, etc.). They will have at their disposal modern means of transport, observation and communication which may be useful to them.
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“4. The International Commission is charged with supervising the implementation by the sides of the provisions of the agreement. For this purpose, it is to carry out missions of control, observation, inspection [Page 1370] and investigation related to the application of the provisions of the agreement on the cessation of hostilities and it must especially:
- (a)
- Control the withdrawal of foreign forces according to the provisions of the agreement on the cessation of hostilities.
- (b)
- See that the frontiers of (Cambodia) (Laos) are respected.
- (c)
- Control the operations involved in the freeing of prisoners of war and civilian internees.
- (d)
- In ports and airports, as well as on all frontiers of (Cambodia) (Laos), watch over the implementation of the clauses of the agreement on the cessation of hostilities having to do with the introduction into the country of armed forces, of military personnel and of all types of armament, munitions and war matériel.
- (e)
- (For Laos only) watch over the implementation of the clauses of the agreement on the cessation of hostilities having to do with the reliefs (releves) of personnel, and the supply of the security forces of the French Union maintained in Laos.
Joint groups are created to facilitate the implementation of the clauses having to do with the withdrawal of foreign forces. They will assist the sides in the implementation of said clauses, and assure liaison between them in order to put the withdrawal plans into effect, in compliance with the provisions of the agreement on the cessation of hostilities. They will follow these troops in their movements and will be dissolved following completion of the implementation of the withdrawal plans.
- “6. [sic] The joint groups are composed of an equal number of representatives of the Commands of the interested sides.
- “7. The International Commission is to proceed, through the inspection teams which have been mentioned above, and as rapidly as possible, either on its own initiative or at the request of a joint group or of one of the sides, to carry out investigations which may be necessary on the basis of documents and on the ground.
- “8. The inspection teams are to transmit to the International Commission the results of their control, of their investigations, and of their observations; in addition, they are to make whatever special reports they may deem necessary or which the Commission may ask them for. In case of disagreement within the teams, the conclusions of each of the members are to be transmitted to the Commission.
- “9. If an inspection team has not been able to settle an incident or if it believes that there has been a violation or threat of a serious violation, the International Commission is to be informed. It is to study the reports and the conclusions of the inspection teams and to inform the sides regarding the measures which must be taken in order to settle the incident, to make the violation cease or to do away with the threat of violation.
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“10. The recommendations of the International Commission are to be adopted by majority vote, subject to the provisions of Article 11. In case of a tie vote, that of the chairman is decisive.
The International Commission may formulate recommendations regarding amendments and additions which it would be desirable to make to the provisions of the agreement for the cessation of hostilities in (Cambodia) (Laos) in order to insure a more efficacious application of said agreement. These recommendations are to be adopted by unanimous vote.
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“11. When questions are involved which relate to violations or to threats of violations which may result in resumption of hostilities, i.e.:
- (a)
- The refusal by foreign armed forces to proceed with the movements provided for in the withdrawal plan.
- (b)
- The violation or threat of violation by foreign armed forces of the integrity of the country.
- (c)
- (Blank).
The decisions of the International Commission must be adopted by unanimous vote. If unanimity is not achieved, the majority conclusions are to be communicated to the sides which must take them into consideration.
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“12. If one of the sides refuses to apply recommendation or an arbitral decision of the International Commission, the latter informs the guarantors.
If the International Commission has not succeeded in reaching unanimous conclusion in the cases provided for in Article 11, it will transmit to the guarantors a majority report and one or several minority reports.
The International Commission is to inform the guarantors of any obstacle which may arise to the carrying out of its activities.
- “13. The International Control Commission is to be on the spot from the moment of the cessation of hostilities in Indochina in order to be able to carry out the tasks provided for in Article 4.
- “14. The International Control Commission in (Cambodia) (Laos) is to act in close cooperation with the International Control Commissions in Vietnam and (Laos) (Cambodia). An organism of coordination of the activities of the three Commissions is to be created through an agreement between them.
- “15. The International Control Commission in (Cambodia) (Laos) may, after consulting with the International Control Commissions for Vietnam and for (Laos) (Cambodia), formulate recommendations regarding the gradual reduction of its activities, taking into account developments in (Cambodia) (Laos). These recommendations are to be adopted by unanimity.”