Draft mandates for Mesopotamia and Palestine : as submitted for the approval of the League of Nations

S\

MISCELLANEOUS No. 3 (1921).

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DEAFT MANDATES

FOK

MESOPOTAMIA AND PALESTINE

.s Submitted for the Approval of the League of Nations.

Presented to Parliament by Command of His Majesty.

md. 1176.]

LONDON:

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HIS MAJESTY'S STATIONERY OFFICE.
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1921.
Price 2d. Wet.

s\i

Draft Mandates.

<v

No. 1.

Draft of the Mandate for Mesopotamia as submitted by Mr. Balfour on December1*!,
1920, to the Secretariat-General of the League of Nations for the approval \>f
the Council of the League of Nations.

The Council of the League of Nations.

WHEREAS by Article 132 of the Treaty of Peace signed at Sevres on the
tenth day of August, 1920, Turkey renounced in favour of the Principal Allied
Powers all rights ai)d title over Mesopotamia, and whereas by Article 94 of the said
treaty the High Contracting Parties agreed that Mesopotamia should, in accordance
with the fourth paragraph of Article 22 of Part I (Covenant of the League of
Nations), be provisionally recognised as an independent State, subject to the
rendering of administrative advice and assistance by a Mandatory until such time
as it is able to stand alone, and that the determination of the frontiers of
Mesopotamia, other than those laid down in the said treaty, and the selection of the
Mandatory would be made by the Principal Allied Powers ; and

Whereas the Principal Allied Powers have selected His Britannic Majesty as
Mandatory for Mesopotamia ; and

Whereas the terms of the Mandate in respect of Mesopotamia have been
formulated in the following terms and submitted to the Council of the League for
approval; and

Whereas His Britannic Majesty has accepted the Mandate in respect of the said
territories and undertaken to exercise it on behalf of the League of Nations in
conformity with the following provisions ;

Hereby approves the terms of the said Mandate as follows : —

Article 1.

The Mandatory will frame within the shortest possible time, not exceeding
three years from the date of the coming into force of this Mandate, an Organic
Law for Mesopotamia. This Organic Law shall be framed in consultation with
the native authorities, and shall take account of the rights, interests and wishes
of all the populations inhabiting the mandated territory. It shall contain provi-
sions designed to facilitate the progressive development of Mesopotamia as an
independent State. Pending the coming into effect of the organic law, the adminis-
tration of Mesopotamia shall be conducted in accordance with the spirit of this
Mandate.

Article 2.

The Mandatory may maintain troops in the territories under his Mandate for the
defence of these territories. Until the entry into force of the Organic Law and the
re-establishment of public security, he may organise and employ local forces necessary
for the maintenance of order and for the defence of these territories. Such forces
may only be recruited from the inhabitants of the territories under the Mandate.

The said local forces shall thereafter be responsible to the local authorities,
subject always to the control to be exercised over these forces by the Mandatory. ,
who shall not employ them for other than the above-mentioned purposes, except
with the consent of the Mesopotamian Government.

Nothing in this article shall preclude the Mesopotamian Government from
contributing to the cost of the maintenance of' any forces maintained by the
Mandatory in Mesopotamia.

The Mandatory shall be entitled at all times to use the roads, railways, and
ports of Mesopotamia for the movement of troops and the carriage of fuel and
supplies.

Article 3.

The Mandatory shall tje entrusted with the control of the foreign relations of
Mesopotamia, and the right to issue exequaturs to consuls appointed by foreign
Powers. It shall also be entitled to afford diplomatic and consular protection to
citizens of Mesopotamia when outside its territorial limits.

Article 4.

The Mandatory shall be responsible for seeing that no Mesopotamian territory
shall be ceded or leased to or in any way placed under the control of the Government
of any foreign Power.

Article 5

The immunities and privileges of foreigners, including the benefits of consular
jurisdiction and protection as formerly enjoyed by Capitulation or usage in the
Ottoman Empire, are definitely abrogated in Mesopotamia.

Article 6.

The Mandatory shall be responsible for seeing that the judicial system estab-
lished in Mesopotamia shall safeguard (a) the interests of foreigners ; (b) the law, and
(to the extent deemed expedient) the jurisdiction now existing in Mesopotamia with
regard to questions arising out of the religious beliefs of certain communities (such
as the laws of Wakf and personal status). In particular the Mandatory agrees that
the control and administration of Wakfs shall be exercised in accordance with
religious law and the dispositions of the founders.

Article 7.

Pending the making of special extradition agreements with foreign Powers
relating to Mesopotamia, the extradition treaties in force between foreign Powers
and the Mandatory shall apply to Mesopotamia.

Article 8.

The Mandatory will ensure to all complete freedom of conscience and the
free exercise of all forms of worship, subject only to the maintenance of public order
and morals. No discrimination of any kind shall be made between the
inhabitants of Mesopotamia on the ground of race, religion or language.
Instruction in and through the medium of the native languages of Mesopotamia
shall be promoted by the Mandatory.

The right of each community to maintain its own schools for the education of
its own members in its own language (while conforming to such educational require-
ments of a general nature as the Administration may impose) shall not be denied
or impaired.

Article 9.

Nothing in this Mandate shall be construed as conferring upon the Mandatory
authority to interfere with the fabric or the management of the sacred shrines, the
immunities of which are guaranteed.

Article 10.

The Mandatory shall be responsible for exercising such supervision over
missionary enterprise in Mesopotamia as may be required for the maintenance of
public order and good government. Subject to such supervision, no measures shall
be taken in Mesopotamia to obstruct or interfere with such enterprise or to
discriminate against any missionary on the ground of his religion or nationality.

Article 11.

The Mandatory must see that there is no discrimination in Mesopotamia against
the nationals of any State member of the League of Nations (including companies

U3 8000 8/21 F.O.P. [5718] B 2

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incorporated under the laws of such State) as compared with the nationals of the
Mandatory or of any foreign State in matters concerning taxation, commerce or
navigation, the exercise of industries or professions, or in the treatment of ships or
aircraft. Similarly, there shall be no discrimination in Mesopotamia against goods
originating in or destined for any of the said States, and there shall be freedom
of transit under equitable conditions across the mandated area.

Subject as aforesaid the Mesopotamian Government may on the advice of the
Mandatory impose such taxes and customs duties as it may consider necessary and
take such steps as it may think best to promote the development of the natural
resources of the country and to safeguard the interests of the population.

Nothing in this Article shall prevent the Mesopotamian Government on the
advice of the Mandatory, from concluding a special customs arrangement with any
State, the territory of which in 1914 was wholly included in Asiatic Turkey or
Arabia.

Article 12.

The Mandatory will adhere on behalf of Mesopotamia to any general
international conventions already existing or that may be concluded hereafter
with the approval of the League of Nations respecting the slave traffic, the
traffic in arms and ammunition, and the traffic in drugs, or relating to commercial
equality, freedom of transit and navigation, laws of aerial navigation, railways and
postal, telegraphic and wireless communication, or artistic, literary or industrial
property.

Article 13.

The Mandatory will secure the co-operation of the Mesopotamian Government,
so far as social, religious and other conditions may permit, in the execution of any
common policy adopted by the League of Nations for preventing and combating
disease, including diseases of plants and animals.

Article 14.

The Mandatory will secure the enactment within twelve months from the
coming into force of this Mandate, and will ensure the execution of a Law
of Antiquities, based on the contents of Article 421 of Part XIII of the Treaty
of Peace with Turkey. This law shall replace the former Ottoman Law of
Antiquities, and shall ensure equality of treatment in the matter of archaeological
research to the nationals of all States, members of the League of Nations.

Article 15.

Upon the coming into force of the Organic Law an arrangement shall be made
between the Mandatory and the Mesopotamian Government for settling the terms on
which the latter will take over Public Works and other services of a permanent
character, the benefit of which will pass to the Mesopotamian Government. Such
arrangement shall be communicated to the Council of the League of Nations.

Article 16.

The Mandatory shall make to the Council of the League of Nations an annual
report as to the measures taken during the year to carry out the provisions of the
Mandate. Copies of all laws and regulations promulgated or issued during the
year shall be communicated with the report.

Article 17.

The consent of the Council of the League of Nations is required for any
modification of the terms of the present Mandate, provided that in the case of any
modification proposed by the Mandatory such consent may be given by a majority
of the Council.

[6718]

'. A1-', :,, ::' '•••' '•'•• '■'•' '•'''•

If any dispute whatever should arise between the members of the League of
Nations relating to the interpretation or the application of these provisions which
cannot be settled by negotiation, this dispute shall be submitted to the Permanent
Court of International Justice provided for by Article 14 of the Covenant of the
League of Nations.

The present copy shall be deposited in the archives of the League of Nations.
Certified copies shall be forwarded by the Secretary-General of the League of Nations
to all Powers Signatories of the Treaty of Peace with Turkey.

Made at the day of

No. 2.

Draft of the Mandate for Palestine as submitted by Mr. Balfour on December 7,
1920, to the Secretariat-General of the League of Nations for the approval of
the Council of the League of Nations.

The Council of the League of Nations.

WHEEEAS by Article 132 of the Treaty of Peace signed at Sevres on the tenth
day of August, 1920, Turkey renounced in favour of the Principal Allied Powers
all rights and title over Palestine ; and

Whereas by Article 95 of the said treaty the High Contracting Parties agreed
to entrust, by application of the provisions of Article 22, the Administration of
Palestine, within such boundaries as might be determined by the Principal Allied
Powers, to a Mandatory to be selected by the said Powers ; and

Whereas by the same article the High Contracting Parties further agreed that
the Mandatory should be responsible for putting into effect the declaration originally
made on November 2, 1917, by the Government of His Britannic Majesty, and
adopted by the other Allied Powers, in favour of the establishment in Palestine of a
national home for the Jewish people, it being clearly understood that nothing should
be done which might prejudice the civil and religious rights of existing non- Jewish
communities in Palestine, or the rights and political status enjoyed by Jews in any
other country ; and

Whereas recognition has thereby been given to the historical connection of the
Jewish people with Palestine and to the grounds for reconstituting their National
Home in that country ; and

Whereas the Principal Allied Powers have selected His Britannic Majesty as
the Mandatory for Palestine; and

Whereas the terms of the Mandate in respect of Palestine have been formulated
in the following terms and submitted to the Council of the League for approval ; and

Whereas His Britannic Majesty has accepted the Mandate in respect of
Palestine and undertaken to exercise it on behalf of the League of Nations in
conformity with the following provisions ;

Hereby approves the terms of the said mandate as follows : —

Article 1.

His Britannic Majesty shall have the right to exercise as Mandatory all the
powers inherent in the Government of a sovereign State, save as they may be limited
by the terms of the present Mandate.

Article 2.

The Mandatory shall be responsible for placing the country under such political,
administrative and economic conditions as will secure the establishment of the Jewish
national home, as laid down in the preamble, and the development of self-governing
institutions, and also for safe-guarding the civil and religious rights of all the
inhabitants of Palestine, irrespective of race and religion.

Article 3.

The Mandatory shall encourage the widest measure of self-government for
localities consistent with the prevailing conditions.

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ARTICLE: 4. . .v.

"i^An- appropriate Jewish agency shall be recognised as a public body for the
purpose of advising ahd eo-operating with the Administration of Palestine: in, such
economic, social and other matters as may affect the establishment of the Jewish
national home and the interests of the Jewish population in Palestine, and, subject
always to the control of the Administration, to assist and take part in 'the develop-
ment of the country.'

The Zionist organisation^ so long as its organisation and constitution are in the
opinion of the Mandatory appropriate, shall be recognised as such agency. It shall
take steps in consultation with His Britannic Majesty's Government to secure the
co-operation of all Jews who are willing to assist in the establishment of the Jewish
national home.

Article 5.

, „,Thev Mandatory, shall .be responsible for seeing that no Palestine, territory
shall be ceded or leased to, or in anyway placed under the control of the Government
of any foreign Power. «w ,<»».

Art"xcle~6.

■ . "
The Administration of Palestine, while ensuring that the rights and position of

other sections of the population are hot prejudiced, shall facilitate Jewish immigra-
tion under suitable conditions "and shall encourage in co-operatiOn with the Jewish
agency referred to in Article 4 close settlement by Jews on the land,' including State
la nds'and waste3land6"fiOt required for public purposes, :-

bos -." u u Lh' (' M. *. .;

The •Administration1 o£ Palestine will: be responsible for enacting a nationality
law. There shall be: included in this law provisions framed so as fco facilitate the
acquisition of Palestinian citizenship by Jews who take up their: 'permanent
Beshdence in-Falestine. : .;; ots

-

Article 8.

«ua -.: i'V :: . -;.; | ^ ■ ;■ .;,; •

The immunities and privileges of foreigners, including the benefitsTof consular
jurisdiction and protection as: formerly enjoyed; by .Capitulation or usage: in the
Ottoman Empire, are definitely abrogated in Palestine.

Article 9.

The: Mandatory tsballibe responsible for seeing, that: the- judicial system estab-
lished in Palestine shall safeguard (a) the interests of foreigners;'^ the law; anil
(to the extent deemed expedient) the jurisdiction now existing in Palestine with
regard to questMans arising out of the religious beliefs o'f certain communities' (such
as the laws of Wakf and personal status). In particular the Mandatory agrees that
the control and administration of "Wakf s shall be -exercised in accordance with
religious law and the dispositions of the founders.

i u

Article 10. • ^teafB]

Pending the making of special extradition agreeuaent^.^latrog tOi.PaJes.tine,
the extradition treaties in force between the Mandatory and other foreign Powers
shall apply to Palestine. g .

Article 11.
LI ! , I laiffdJa
2,i -The Administration of Palestineishall take.altnecessaiy measures>to safeguard
tihs interests afihe community in connection: with the!: development of the Country
and, subject to Article 311 aftheT'reaty.of Peace with Turkey, shall have full power
to provide for public ownership or control of any of the natural resources of the
country or of the public works, services and utilities established or to be established
therejn. It shall introduce a land system appropriate, to t<he needs of, the country,
having regard, among other things, to the desirability of promoting the, close settle-
ment and intensive cultivation of the land.

The Administration may arrange with the Jewish agency mentioned in Article 4
to construct or operate, upon fair and equitable terms, any public works, services and
utilities, and to develop any of the natural resources of the country, in so far as
these matters are not directly undertaken by the Administration. Any such
arrangements shall provide that no profits distributed by such agency, directly or
indirectly, shall exceed a reasonable rate of interest on the capital, and any further
profits shall be utilised by it for the benefit of the country in a manner approved by
the Administration.

Article 12.

The Mandatory shall be entrusted with the control of the foreign relations of
Palestine, and the right to issue exequaturs to consuls appointed by foreign
Powers. It shall also be entitled to afford diplomatic and consular protection to
citizens of Palestine when outside its territorial limits.

Article 13.

All responsibility in connection with the Holy Places and religious buildings or
sites in Palestine, including that of preserving existing rights, of securing free access
to the Holy Places, religious buildings and sites and the free exercise of worship,
while ensuring the requirements of public order and decorum, is assumed by the
Mandatory, who will be responsible solely to the League of Nations in all matters
connected therewith : provided that nothing in this Article shall prevent the
Mandatory from entering into such arrangement as he may deem reasonable with the
Administration for the purpose of carrying the provisions of this Article into
effect; and provided also that nothing in this Mandate shall be construed as con-
ferring upon the Mandatory authority to interfere with the fabric or the manage-
ment of purely Moslem sacred shrines' the immunities of which are guaranteed.

Article 14.

In accordance with Article 95 of the Treaty of Peace with Turkey, the
Mandatory undertakes to appoint as soon as possible a special Commission to study
and regulate all questions and claims relating to the different religious communities.
In the composition of this Commission the religious interests concerned will be
taken into account. The chairman of the Commission will be appointed by the
Council of the League of Nations. It will be the duty of this Commission to ensure
that certain Holy Places, religious buildings or sites regarded with special venera-
tion by the adherents of one particular religion, are entrusted to the permanent
control of suitable bodies representing the adherents of the religion concerned. The
selection of the Holy Places, religious buildings or sites so to be entrusted, shall be
made by the Commission, subject to the approval of the Mandatory.

In all cases dealt with under this Article, however, the right and duty of the
Mandatory to maintain order and decorum in the place concerned shall not be
affected, and the buildings and sites will be subject to the provisions of such laws
relating to public monuments as may be enacted in Palestine with the approval of
the Mandatory.

The rights of control conferred under this Article will be guaranteed by the
League of Nations.

Article 15.

The Mandatory will see that complete freedom of conscience and the free
exercise of all forms of worship, subject only to the maintenance of public order and
morals, is ensured to all. No discrimination of any kind shall be made between the
inhabitants of Palestine on the ground of race, religion or language. No person
shall be excluded from Palestine on the sole ground of his religious belief .

The right of each community to maintain its own schools for the education of
its own members in its own language (while conforming to such educational require-
ments of a general nature as the Administration may impose) shall not be denied
or impaired.

Article 16.

The Mandatory shall be responsible for exercising such supervision over
missionary enterprise in Palestine as may be required for the maintenance of
public order and good government. Subject to such supervision, no measures shall
be taken in Palestine to obstruct or interfere with such enterprise or to
discriminate against any missionary on the ground of his religion or nationality.

Article 17.

The Administration of Palestine may organise on a voluntary basis the forces
necessary for the preservation of peace and order, and also for the defence of the
country, subject, however, to the supervision of the Mandatory, who shall not use
them for purposes other than those above specified save with the consent of the
Administration of Palestine, and except for such purposes, no military, naval or air
forces shall be raised or maintained by the Administration of Palestine.

Nothing in this Article shall preclude the Administration of Palestine from
contributing to the cost of the maintenance of forces maintained by the Mandatory
in Palestine.

The Mandatory shall be entitled at all times to use the roads, railways and ports
of Palestine for the movement of troops and the carriage of fuel and supplies.

Article 18.

The Mandatory must see that there is no discrimination in Palestine against
the nationals of any of the States members of the League of Nations (including
companies incorporated under their laws) as compared with those of the Mandatory
or of any foreign State in matters concerning taxation, commerce, or navigation,
the exercise of industries or professions, or in the treatment of ships or aircraft.
Similarly, there shall be no discrimination in Palestine against goods originating
in or destined for any of the said States, and there shall be freedom of transit under
equitable conditions across the mandated area.

Subject as aforesaid and to the other provisions of this Mandate the Adminis-
tration of Palestine may on the advice of the Mandatory impose such taxes and
customs duties as it may consider necessary, and take such steps as it may think best
to promote the development of the natural resources of the country and to safeguard
the interests of the population.

Nothing in this Article shall prevent the Government of Palestine on the
advice of the Mandatory from concluding a special customs agreement with any
State, the territory of which in 1914 was wholly included in Asiatic Turkey or
Arabia.

Article 19.

The Mandatory will adhere on behalf of the Administration to any general
international conventions already existing or that may be concluded hereafter with
the approval of the League of Nations respecting the slave traffic, the traffic in arms
and ammunition, or the traffic in drugs, or relating to commercial equality, freedom
of transit and navigation, aerial navigation and postal, telegraphic and wireless
communication or literary, artistic or industrial property.

Article 20.

The Mandatory will co-operate on behalf of the Administration of Palestine, so
far as religious, social and other conditions may permit, in the execution of any
common policy adopted by the League of Nations for preventing and combating
disease, including diseases of plants and animals.

Article 21.

The Mandatory will secure, within twelve months from the date of the coming
into force of this Mandate, the enactment, and will ensure the execution of a Law
of Antiquities based on the provisions of Article 421 of Part XIII of the Treaty
of Peace with Turkey. This law shall replace the former Ottoman Law of
Antiquities, and shall ensure equality of treatment in the matter of archaeological
research to the nationals of all States,' members of the League of Nations.

• * •
• • ••

• • ■ *

:le

22.

English, Arabic and Hebrew shall be the official languages of Palestine. Any
statement or inscriptions in Arabic on stamps or money in Palestine shall be repeated
in Hebrew and any statements or inscriptions in Hebrew shall be repeated in Arabic.

Article 23.

The Administration of Palestine shall recognise the holy days of the respective
■communities in Palestine as legal days of rest for the members ox such communities.

Article 24.

The Mandatory shall make to the Council of the League of Nations an annual
report as to the measures taken during the year to carry out the provisions of the
Mandate. Copies of all laws and regulations promulgated or issued during the
year shall be communicated with the report.

Article 25.

It any dispute whatever should arise between the members of the League of
Nations relating to the interpretation or the application of these provisions which
cannot be settled by negotiation, this dispute shall be submitted to the Permanent
Court of International Justice provided for by Article 14 of the Covenant of the
League of Nations.

Article 26.

• The consent of the Council of the League of Nations is required for any
modification of the terms of the present Mandate, provided that in the case of any
modification proposed by the Mandatory, such consent may be given by a majority
of the Council.

Article 27.

In the event of the termination of the Mandate conferred upon the Mandatory
by this Declaration, the Council of the League of Nations shall make such arrange-
ments as may be deemed necessary for safeguarding in perpetuity, under guarantee
of the League, the rights secured by Articles 13 and 14, and for securing, under the

fuarantee of the League, that the Government of Palestine will fully honour the
nancial obligations, legitimately incurred by the Administration of Palestine
during the period of the Mandate.

The present copy shall be deposited in the archives of the League of Nations and
certified copies shall be forwarded by the Secretary- General of the League of Nations
to all Powers Signatories of the Treaty of Peace with Turkey.

Made at the day of

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Jl!t 28 1324

MAR 17 1925

MAR 31 1925

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