WHEREAS Ceylon has reached the stage in
Constitutional development at which she is ready to
assume the status of a fully responsible member of the
British Commonwealth of Nations, in no way subordinate
in any aspect of domestic or external affairs, freely
associated and united by common allegiance to the
Crown;
AND WHEREAS it is in the mutual interest of Ceylon and
the United Kingdom of Great Britain and Northern
Ireland that the necessary measures should be taken for
the effectual protection and defence of the territories
of both and that the necessary facilities should be
afforded for this purpose;
THEREFORE the Government of the United Kingdom and the
Government of Ceylon have agreed as follows:
Comment by Sir
Ivor Jennings Q.C - The principles of this
Agreement were negotiated in July 1947 after the
Government of the United Kingdom had agreed to confer
Dominion Status, though the draft was not available
until the new Ceylon Cabinet was in office in October
1947, when it was approved.
The first paragraph of the preamble contains a slight
modification of the phrase 'fully responsible status'
which had been approved by the United Kingdom
Cabinet; but it goes on summarize the Balfour
Declaration of 1926 in which Dominion Status had been
defined. That is, it does its best to say that that
the status is Dominion Status without actually using
those words.
The Agreement belongs to the class of instruments
known Agreements between Governments. They are
distinguished from treaties by the fact that the
latter are in the name of Heads States. Since the
King is the Head of each of the nations of the
Commonwealth it is not customary to have treaties
within the Commonwealth, except international
conventions to which other countries are parties.
There is, however, nothing constitutionally
objectionable in a treaty between 'the King on behalf
of the United Kingdom' and 'the King on behalf of
Ceylon'.
The Agreement is for an indefinite period, so that
steps may be taken at any time for its modification
by agreement.
1. The Government of the United Kingdom
and the Government of Ceylon will give to each other
such military assistance for the security of their
territories, for defence against external aggression
and for the protection of essential communications as
it may be in their mutual interest to provide. The
Government of the United Kingdom may base such naval
and air forces and maintain such land forces in Ceylon
as may be required for these purposes, and as may be
mutually agreed.
Comment by Sir
Ivor Jennings Q.C - Military assistance ' clearly
includes naval and air assistance, since the forces
referred to in the second sentence and required for
these purposes are of all three types. The first
sentence leaves each Government free to decide
whether it will give military assistance and if so,
what assistance it will give. In the second sentence
the phrase as may be mutually agreed seems to involve
continuous agreement. Two conditions have to be
satisfied: (i) The forces must be required for the
purpose mentioned in the first sentence ; and (ii)
Such forces must be mutually agreed.
2. The Government of Ceylon will grant
to the Government of the United Kingdom all the
necessary facilities for the objects mentioned in
Article I as may be mutually agreed. These facilities
will include the use of naval and air bases and ports
and military establishments and the use of
telecommunication facilities, and the right of service
courts and authorities to exercise such control and
jurisdiction over members of the said forces as they
exercise at present.
Comment by Sir
Ivor Jennings Q.C - The naval and air bases,
ports, military establishments and telecommunication
facilities are to be provided by Ceylon but used by
the United Kingdom forces.
3. The Government of the United Kingdom
will furnish the Government of Ceylon with such
military assistance as may from time to time be
required towards the training and development of
Ceylonese armed forces.
4. The two Governments will establish such
administrative machinery as they may agree to he
desirable For the purpose of co-operation in regard to
defence matters, and to co-ordinate and determine the
defence requirements of both Governments.
5. This Agreement will take effect on the day when the
constitutional measures necessary for conferring on
Ceylon fully responsible status within the British
Commonwealth of Nations shall come into force.
Done in duplicate, at Colombo, this eleventh day of
November 1947.
Signed on behalf of the Government of the United
Kingdom
of Great Britain and Northern Ireland
HENRY MOORE
Signed on behalf of the Government of Ceylon
D. S. SENANAYAKE
The date was 4 February 1948.
Exchange of Letters between UK and
Australia
concerning Defence Agreement between UK and
Ceylon
Strahan to Garnett Letter
CANBERRA, 28 July 1947
TOP SECRET PERSONAL
I am directed by the Prime Minister to refer to your
letter of 22nd July on the subject of the future
constitutional position of Ceylon. [1] In general, the
Australian Government agrees that a country, before
admission to the British Commonwealth, should undertake
certain obligations. Among the questions which have
been considered by the Government are first, whether
such obligations should be stated in contractual form
and second, whether, particularly where the obligations
involve the Commonwealth as a whole, they should be
discussed at a Commonwealth meeting rather than
negotiated solely between the Governments of the United
Kingdom and Ceylon.
The Australian Government agrees that the Defence
obligations to be undertaken by the Government of
Ceylon should be stated in the form of an Agreement.
While such an Agreement is a matter for concern to the
Dominions, it is appropriate, since the United Kingdom
Government is undertaking full responsibility in the
matter, that this Agreement should be negotiated and
signed by the Governments of the United Kingdom and
Ceylon, on completion of the normal intra-Commonwealth
consultation.
In regard to the terms of the Draft Agreement on
Defence, it is noted that it has been cast in general
terms and that military facilities to be granted to the
United Kingdom, including the use of naval and air
bases, ports, military establishments and
telecommunications are to be such 'as may from time to
time be agreed'.
In the light of the above, it is considered that, as
far as the United Kingdom is concerned, the Agreement
is generally in accord with the strategic requirements
of Australia.
It is noted that the question whether the draft
Agreement should contain a time limit or whether it
should contain a provision whereby it could be
terminated by either party on giving some period (e.g.
5 years) of notice is still to be considered by the
United Kingdom Government.
It appears desirable that the Agreement should
remain in force as long as possible, preferably
indefinitely, and that this might best be achieved by
omitting all reference to the time factor.
Further, it is assumed that existing defence
arrangements in Ceylon would remain in force pending
the conclusion of a satisfactory mutual agreement
between the United Kingdom and Ceylon Governments
regarding the details of future defence
arrangements.
The obligations which might be undertaken by the
Government of Ceylon in regard to the External Affairs
appear different from those in regard to Defence. [2]
Whereas the latter do not involve any commitments on
the part of other Dominions, the very fact of the
admission of Ceylon to the Commonwealth may involve all
other Dominions in obligations. In particular, the
Dominions may feel obliged to keep the Government of
Ceylon informed of their intentions in the field of
foreign policy, in accordance with the normal practices
now in use, and they may wish to receive similar
benefits from that country.
It is noted that the draft Agreement on External
Affairs as between the United Kingdom and Ceylon makes
no reference to the obligations to be undertaken by
Ceylon in regard to the other Dominions and by the
other Dominions in regard to Ceylon. Further, in the
absence of consultation with other Dominions, the
Australian Government is not convinced that such
obligations would most suitably be expressed in
contractual form.
At this preliminary stage it appears that an
appropriate procedure might be for the relations of
Ceylon with the United Kingdom and the other Dominions
to be discussed at a Commonwealth meeting at which
representatives of the new Ceylon Government would be
present. Such a meeting could conveniently be held in
London, the Dominions being represented by their High
Commissioners. The undertakings mutually agreed could
be formulated in the type of statement usually issued
on conclusion of British Commonwealth meetings.
Should such a procedure be adopted, the points
stated in the draft Agreement on External Affairs
would, in general, be those which the Australian
Government would wish to have discussed. As the
Agreement stands at present, its terms do not cover the
undertakings which Dominions such as Australia might
expect from the Government of Ceylon and those which
they in turn would wish to give to the Government of
Ceylon. The first five paragraphs would appear to need
redrafting to make them applicable within the
Commonwealth as a whole.
Consideration has also been given to the fact that
should such a procedure be adopted for the admission of
Ceylon to the Commonwealth, it should also be adopted
for the admission of other countries. The case of India
and Pakistan is not however an exact parallel. The
Government of India has been in practice regarded as a
member of the Commonwealth, and the Australian
Government for its part has in general included India
in its intra-Commonwealth consultation. It would not
therefore expect of India or Pakistan prior
undertakings similar to those which might be asked of
Ceylon or any other country which is entering the
Commonwealth for the first time as a fully
self-governing community.
1 The letter referred to the
announcement, on 18 June, that Ceylon would be given
fully responsible status within the British
Commonwealth, subject to the new Ceylon Government
entering into agreements on matters of mutual
concern. Draft agreements on defence and external
affairs were enclosed.
2 The draft agreement on external
affairs included a unilateral declaration by Ceylon
to conform to resolutions of past Imperial
Conferences, and an undertaking by both the United
Kingdom and Ceylon to observe existing Commonwealth
principles and practice in regard to external affairs
generally and in particular to the communication of
information and consultation. The United Kingdom
undertook to facilitate diplomatic representation
between Ceylon and foreign countries and to support
applications by Ceylon for membership of the United
Nations and ocher international agencies.
Garnett to Strahan Letter
CANBERRA,
4 August 1947
TOP SECRET PERSONAL
I am directed by the High Commissioner to refer to
your letter of the 28th July (G.41/1/7) on the subject
of the future constitutional position of Ceylon.
2. The views of the Commonwealth Government upon the
draft agreement upon external relations and defence
which it is proposed to conclude with the new Ceylon
Government were communicated to the United Kingdom
Government who desire to make the following
observations in reply:-
(a) As regards the Australian Government's doubts
about setting out obligations of this nature in regard
to External Affairs in a contract form, the United
Kingdom Government, too, in general feel that matters
of the kind are best expressed more informally. The
case of Ceylon is, however, a very special one.
As the Australian Government know, the United
Kingdom Government are anxious to get substantial
agreement on this and other matters before the
new Ceylon Government takes office in October and to
have reasonable assurance that the necessary safeguards
will then be immediately agreed to by the new Ceylon
Government as a preliminary to any legislation in the
United Kingdom to amend the Ceylon Constitution.
Failing the immediate conclusion of such an
agreement between the United Kingdom and the new Ceylon
Government, it is doubtful how far progress can be made
in the United Kingdom Parliament with any legislative
steps to confer on Ceylon full responsibility status
within the British Commonwealth.
(b) The procedure suggested by the Australian
Government for a London meeting after the new Ceylon
Government has been formed would lead to delay and
would deprive the United Kingdom Government of the
assurance which they hope to obtain in advance from Mr.
Senanayake [1] that, if he is returned to power, he
will recommend the draft agreements on Defence and
External Affairs to his Cabinet for acceptance.
(c) The special procedure suggested by Australian
Government for dealing with External Affairs might
prejudice the possibility of obtaining advance
acquiescence in the terms of the Defence Agreement also
to be entered into-Mr. Senanayake might take the line
that he would like the latter subject deferred to a
conference also.
(d) The draft agreement as between the United
Kingdom and Ceylon was purposely so worded as to
involve no commitment, expressed or implied, on the
part of members of the British Commonwealth other than
the United Kingdom as to their relations with Ceylon in
the field of external affairs. The United Kingdom
Government is at present, and will remain until
constitutional change is made, responsible for Ceylon's
external affairs, and for this reason the United
Kingdom Government feel that a bilateral agreement
between the United Kingdom and Ceylon before that
responsibility is surrendered is the appropriate method
of procedure.
There is no reason to believe, however, that Ceylon
would not be ready, if that were the desire, to enter
into similar understandings with the other members of
the British Commonwealth, and the conclusion of a
bilateral agreement would not in the view of the United
Kingdom Government preclude a later meeting on the
lines and for the purpose suggested by the Australian
Government if this should be agreeable to the other
Commonwealth Governments concerned.
3. In these circumstances the United Kingdom
Government hopes that in the light of the above
comments the Australian Government will see no
objection to them proceeding with the draft Agreement
on external relations.
4. As regards the observations of the Australian
Government on the draft Defence Agreement the arguments
for the insertion of some time limit or provision for
giving notice of termination were that the permanent
obligation on the Ceylon Government to permit the
United Kingdom Government to base naval, air and land
forces in Ceylon might be regarded as some derogation
from full independence and that there was a risk that
the prospects of agreement might be prejudiced if too
much were asked of the Ceylon Government. As against
this the inclusion of such provisions might suggest
that Ceylon's obligations under the agreement were
expected to be brought to an end at some not
necessarily too distant date and there were in fact
precedents for agreements of the nature proposed e.g.
the lease of bases to the United States Government in
Bermuda and the West Indies, which were not held to
imply any derogation from sovereignty. It was felt by
United Kingdom Ministers that these latter
considerations had the greater weight and it has
therefore been agreed not to insert any time limit or
provision for termination in the draft agreement.
5. The High Commissioner has also been asked to
inform the Commonwealth Government that the draft
agreements have been considered by United Kingdom
Ministers and have been agreed subject to the following
amendments:-
[matter omitted]
6. As indicated in paragraph 4 of the letter from
this office of the 22nd July it is desirable that the
Governor [2], who has just left for Ceylon, should be
authorised to discuss the drafts in confidence with Mr.
Senanayake as soon as possible. The Government of the
Union of South Africa has indicated that they have no
observations to offer and no comments have been
received from the Governments of Canada or New Zealand.
The United Kingdom Government is anxious to be able to
give the Governor within the next fortnight the
necessary authorisation to discuss the terms of the
draft agreement with Mr. Senanayake and if the
Commonwealth Government has any further comments the
United Kingdom Government would be glad to receive them
as early as possible within that period.
1 I D.S. Senanayake, leader of
Ceylon's United National Party, became Prime Minister
of Ceylon following elections in August and
September.
2 Sir Henry Monck-Mason
Moore.
