TRUSTEESHIP COUNCIL | UNITED NATIONS

This article made a comprehensive and detailed study on the United Nations Trusteeship Council including origin and purpose, composition, voting system, power and functions.

 

1. INTRODUCTION:

 

In international relation for the first-time mandate system was introduced under the League of Nations to improve the well-being of the peoples of the colonies and dependent territories. However, the system came to an end with the dissolution of the League. When the United Nations was established the mandate system was introduced in the name of the trusteeship system, and therefore trusteeship system may be called the successor of mandate system. While the principles of the two are essentially the same, they differ in organization and functions. Further, the scope of the trusteeship system is wider than the mandate system. Article 76 of the U.N. Charter lays down the following objectives of the trusteeship system-

 

a)  the furtherance of international peace and security.

 

b) the promotion of the political, economic, social and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence.

 

c) The encouragement of respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and the recognition of the interdependence of the people of the world.

 

d) The ensuring of equal treatment in social, economic and commercial

 

matters for all members of the United Nations and their nationals, and the equal treatment for the latter in the administration of justice.

 

Article 77 of the Charter lays down that the trusteeship system applies to three types of territories. These included former League Mandates, territories detached from enemy States as a result of the Second World War, and territories voluntarily placed under the system by States responsible for their administration. By the year 1945 considerable areas of the World with over some two hundred million peoples came under the above categories.

 

Article 79 of the Charter provides the method through which the above territories are to be brought into the trusteeship agreement. An agreement is concluded between the appropriate organ of the United Nations (the General Assembly or, in the case of strategic areas, the Security Council) and the States directly concerned. ‘States directly concerned’ are the States which were either former mandatory powers or the Administrator of the areas to come under trusteeship. The agreement defines the terms under which the territories shall be administered and designate the authority which will exercise the administration of the trust territory. Such authority may be one or more State or the Organization itself.

 

The Trusteeship agreement may designate the whole or part of an area as strategic area or areas, or non-strategic area. While all functions of the United Nations with respect to trusteeship of non-strategic areas are to be exercised by the General Assembly, Security Council exercises the responsibility as regards the area designated as ‘strategic area’. For the detailed work of supervision, the Charter set up the Trusteeship Council, which operates under the authority of the General Assembly. The Trusteeship Council also assists the Security Council in relation to strategic areas.

 

2. ORIGINS AND PURPOSE

 

The Trusteeship Council emerged from the ashes of World War II, a time when colonialism and imperialism were widespread. The UN Charter, adopted in 1945, laid the groundwork for the Trusteeship Council, outlining its purpose in Article 87. Its primary objective was to supervise trust territories, which were territories that had previously been administered by colonial powers or had been affected by war. The aim was to ensure that these territories, referred to as “non-self-governing territories” in the Charter, would progress toward self-determination and eventual independence.

 

3. TRUSTEESHIP COUNCIL:

 

Chapter XIII of the Charter deals with the composition, voting system, procedure and functions and powers of the Trusteeship Council which is a principal organ of the United Nations.

 

3.1. COMPOSITION:

 

The Trusteeship Council is composed of the following members of the United Nations: (a) Those members administering trust territories; (b) Such permanent members of the Security Council as do not administer trust territories; and (c) States elected by the General Assembly for a period of three years. In this category as many States are to be elected as is necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those members of the United Nations which administer trust territories and those which do not. Each member of the Trusteeship Council has to designate a specially qualified person to represent it therein.

 

3.2. VOTING SYSTEM AND PROCEDURE:

 

Each member of the Council has one vote. Decisions of the Trusteeship Council are made by a majority of members present and voting. The Trusteeship Council adopts its own rules of procedure, including the method of selecting its President. The Council is required to meet in accordance with its rules, including provisions for convening of meetings on the request of a majority of its members. The Trusteeship Council must when appropriate, avail itself, of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.

 

3.3. FUNCTIONS AND POWERS:

 

The Trusteeship Council, under the authority of the General Assembly, performs the following functions as conferred to it by Article 87 of the Charter:

 

1. It may consider reports submitted by the administering authority. These reports are prepared on the basis of a questionnaire on the political, economic, social and educational advancement of the inhabitants drawn up by the Trusteeship Council.
2. It may accept petitions and examine them in consultation with the administering authority.
3. The Council may provide for periodic visits to the trust territories at times agreed upon with the administering authority.
4. The Council may take other actions, along with the above, in conformity with the terms of trusteeship agreements.

 

4. CONCLUSION

 

The United Nations Trusteeship Council played a pivotal role in overseeing the decolonization process and fostering self-determination in trust territories. Its dedication to the principles of human rights, democracy, and international cooperation continues to influence the UN's work to this day. As we reflect on the Council's legacy, we are reminded of the importance of nurturing global trust and collaboration in building a more just and equitable world.