Full text of "Mandate for Palestine"
LEAGUE OF NATIONS.
MANDATE FOR PALESTINE
TOGETHER WITH A
NOTE BY THE SECRETARY -
GENERAL
RELATING TO ITS APPLICATION
TO THE
TERRITORY KNOWN AS
TRANS-JORDAN.
under the provisions of
Article 25.
Presented to Parliament by
Command of His Majesty,
December, 1922.
I.ONDON;
Published by his Majesty
Secretary’s office
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MANDATE FOR PALESTINE
Note by the Secretary-General relating
to its application to the
Territory known as Trans-Jordan,
under the provisions of Article 25.
MANDATE FOR PALESTINE
The Council of the League
of Nations :
Whereas the Principal Allied
Powers have agreed, for the purpose
of giving effect to the
provisions of Article 22 of the Covenant of the
Powers the administration of
the territory of Palestine
belonged to the Turkish Empire , within such boundaries as may be
fixed by them; and
Whereas the
Principal Allied Powers have also agreed that the
Mandatory should
be responsible for putting into effect the declaration
originally made on
November 2nd, 1917 , by the Government of His
Britannic Majesty,
and adopted by the said Powers, in favor of the
establishment in Palestine
it being clearly
understood that nothing should be done which might
prejudice the
civil and religious rights of existing non- Jewish communities
in Palestine
Jews in any other
country; and
Whereas
recognition has thereby been given to the historical connection
of the Jewish
people with Palestine
reconstituting
their national home in that country; and
Whereas the Principal Allied
Powers have selected His Britannic
Majesty as the Mandatory for Palestine
Whereas the mandate in
respect of Palestine
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
Whereas by the
afore-mentioned Article 22 (paragraph 8), it is
provided that the degree of
authority, control or administration to be
exercised by the Mandatory,
not having been previously agreed upon
by the Members of the League,
shall be explicitly defined by the Council
of the League of Nations ;
Confirming the said mandate,
defines its terms as follows:
Article 1.
The Mandatory shall have full
powers of legislation and of administration,
save as they may be limited
by the terms of this 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 safeguarding
the civil and religious rights of all the inhabitants of
Article 3.
The Mandatory shall, so far
as circumstances permit, encourage
local autonomy.
Article 4.
An appropriate
Jewish agency shall be recognized as a public body
for the purpose of
advising and co-operating with the Administration
of Palestine
the establishment
of the Jewish national home and the interests of the
Jewish population
in Palestine
the
Administration, to assist and take part in the development of the
country.
The Zionist organization,
so long as its organization and constitution
are in the opinion
of the Mandatory appropriate, shall be recognized
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.
The Mandatory
shall be responsible for seeing that no Palestine
territory shall be
ceded or leased to, or in any way placed under the
control of, the
Government of any foreign Power.
Article 6.
The Administration
of Palestine, while ensuring that the rights and
position of other
sections of the population are not prejudiced, shall
facilitate Jewish immigration
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 lands
and waste lands
not required for public purposes.
Article 7.
The Administration
of Palestine shall be responsible for enacting
a nationality law.
There shall be included in this law provisions
framed so as to
facilitate the acquisition of Palestinian citizenship by
Jews who take up
their permanent residence in Palestine
Article 8.
The privilege- and immunities
of foreigners, including the benefits
of consular jurisdiction and
protection as formerly enjoyed by Capitulation
or usage in the Ottoman Empire , shall not be applicable in Palestine
(B 3/367)r
Unless the Powers whose
nationals enjoyed the afore -mentioned
privileges and immunities on August 1st, 1914 , shall have previously
renounced the right to their
re-estabhshment, or shall have agreed to
their non-application for a
specified period, these privileges and
immunities shall, at the
expiration of the mandate, be immediately
re-established in their
entirety or with such modifications as may have
been agreed upon between the
Powers concerned.
Article 9.
The Mandatory shall be
responsible for seeing that the judicial
system established in Palestine
natives, a complete guarantee
of their rights.
Respect for the personal
status of the various peoples and communities
and for their religious
interests shall be fully guaranteed. In
particular, the control and
administration of Wakf’s shall be exercised
in accordance with religious
law and the dispositions of the founders.
Article 10.
Pending the making of special
extradition agreements relating to
other foreign Powers shall
apply to Palestine
Article 11.
The Administration of
Palestine shall take all necessary measures
to safeguard the interests of
the community in connection with the
development of the country,
and, subject to any international obligations
accepted by the Mandatory,
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 therein. It
shall introduce a land system appropriate
to the needs of the country,
having regard, among other things, to the
desirability of promoting the
close settlement 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 pubic 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 utilized 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
appointed by foreign Powers.
He shall also be entitled to afford
diplomatic and consular
protection to citizens of Palestine
outside its territorial
limits.
Article 13.
All responsibility in
connection with the Holy Places and religious
buildings or sites in Palestine
rights and 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 shall be responsible
solely to the League of
Nations in all matters
connected herewith, provided
that nothing in this article shall prevent
the Mandatory from entering
into such arrangements 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 conferring upon the Mandatory
authority to interfere with
the fabric or the management of purely
Muslim sacred shrines, the
immunities of which are guaranteed.
Article 14.
A special Commission shall be
appointed by the Mandatory to
study, define and determine
the rights and claims in connection with
the Holy Places and the
rights and claims relating to the different
religious communities in Palestine
composition and the functions
of this Commission shall be submitted
to the Council of the League
for its approval, and the Commission
shall not be appointed or
enter upon its functions without the approval
of the Council.
Article 15.
The Mandatory shall 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,
are 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
The right of each community
to maintain its own schools for
the education of its own
members in its own language, while con-
forming to such educational
requirements 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 religious or
eleemosynary bodies of all faiths in Palestine
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
the enterprise of such bodies or to
discriminate against any
representative or member of them on the
ground of his religion or
nationality.
Article. 17.
The Administration of
Palestine may organize on a voluntary basis
the forces necessary for the
preservation of peace and order, and
6
also for the defense of the
country, subject, however, to the super-
vision of the Mandatory, but
shall not use them for purposes other
than those above specified
save with the consent of the Mandatory.
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 the forces of the
Mandatory in Palestine
The Mandatory shall be
entitled at all times to use the roads,
railways and ports of Palestine
and the carriage of fuel and
supplies.
Article 18.
The Mandatory shall see that
there is no discrimination in Palestine
against the nationals of any
State Member of the League of
Nations
(including companies
incorporated under its 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 merchant vessels or civil aircraft.
Similarly, there shall be no
discrimination in Palestine
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 Administration 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. It may
also, on the advice of the Mandatory,
conclude 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 shall adhere on
behalf of the Administration of
or which 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 equity, freedom
of transit and navigation,
aerial navigation and postal, telegraphic
and wireless communication or
literary, artistic or industrial property.
Article 20.
The Mandatory shall
co-operate on behalf of the Administration
of Palestine
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 shall secure
the enactment within twelve months
from this date, and shall
ensure the execution of a Law of Antiquities
based on the following rules.
This law shall ensure equality of treatment
in the matter of excavations
and archaeological research to the
nations of all States Members
of the League of Nations .
(1)
"Antiquity " means
any construction or any product of human
activity earlier than the
year AD. 1700.
(2)
The law for the protection of
antiquities shall proceed by encouragement
rather than by threat.
Any person who, having
discovered an antiquity without being
furnished with the authorization
referred to in paragraph 5, reports the
same to an official of the
competent Department, shall be rewarded
according to the value of the
discovery.
(3)
No antiquity may be disposed
of except to the competent Department,
unless this Department
renounces the acquisition of any such
antiquity.
No antiquity may leave the
country without an export license from
the said Department.
(4)
Any person who maliciously or
negligently destroys or damages an
antiquity shall be liable to
a penalty to be fixed.
. (5)
No clearing of ground or
digging with the object of finding antiquities
shall be permitted, under
penalty of line, except to persons authorized
by the competent Department.
(6)
Equitable terms shall be
fixed for expropriation, temporary or
permanent, of lands which
might be of historical or archeological
interest.
(7)
Authorization to excavate
shall only be granted to persons who
show sufficient guarantees of
archaeological expertise. The Administration
of Palestine
such a way as to exclude
scholars of any nation without good grounds.
(8)
The proceeds of excavations
may be divided between the excavator
and the competent Department
in a proportion fixed by that Department.
If division seems inaccessible
for scientific reasons, the excavator
shall receive a fair
indemnity in lieu of a part of the find.
8
Article 22.
English, Arabic
and Hebrew shall be the official languages o£
money in Palestine
or inscription in
Hebrew shall be repeated in Arabic.
Article 23.
The Administration of
Palestine shall recognize the holy days of the
respective communities in Palestine
of such communities.
Article 24.
The Mandatory shall make to
the Council of the League of
Nations
an annual report to the
satisfaction of the Council 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.
In the territories lying
between the Jordan
of Palestine
with the consent of the
Council of the League of
Nations , to postpone
or withhold application of
such provisions of this mandate as he may
consider inapplicable to the
existing local conditions, and to make such
provision for the
administration of the territories as he may consider
suitable to those conditions,
provided that no action shall be taken
which is inconsistent with
the provisions of Articles 15, 16 and 18.
Article 26.
The Mandatory agrees that, if
any dispute whatever should arise
between the Mandatory and
another Member of the League
of Nations
relating to the
interpretation or the application of the provisions of
the mandate, such dispute, if
it cannot be settled by negotiation, shall
be submitted to the Permanent
Court of International Justice provided
for by Article 14 of the
Covenant of the League of
Nations .
Article 27.
The consent of the Council of
the League of Nations is required for
any modification of the terms
of this mandate.
Article 28.
In the event of
the termination of the mandate hereby conferred
upon the
Mandatory, the Council of the League of Nations shall make
such arrangements
as may be deemed necessary for safeguarding in
perpetuity, under
guarantee of the League, the rights secured by
Articles 13 and
14, and shall use its influence for securing, under the
guarantee of the
League, that the Government of Palestine will fully
honor the
financial obligations legitimately incurred by the Administration
of Palestine
rights of public
servants to pensions or gratuities.
The present
instrument shall be deposited in original 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
Members of the
League.
Done at London
hundred and twenty-two.
Certified true copy:
For the Secretary-General,
RAPPARD,
Director of the Mandates
Section.
10
NOTE.
AKTICLE 25 OF THE PALESTINE
Territory known as
Trans-Jordan.
Note by the
Secretary-General.
The Secretary-General has the
honor to communicate for the
information of the Members of
the League, a memorandum relating to
Article 25 of the Palestine
Mandate presented by the British Government
to the Council of the League
on September
16th, 1922 .
The memorandum was approved
by the Council subject to the
decision taken at its meeting
in London July 24th, 1922 , with
regard to the coming into
force of the Palestine
Memorandum by the British Representative.
1. Article 25 of the Mandate
for Palestine
"In the territories
lying between the Jordan
boundary of Palestine
shall be entitled, with the
consent of the Council of the League
of Nations, to postpone or
withhold application of such provisions
of this Mandate as he may
consider inapplicable to the existing
local conditions, and to make
such provision for the administration
of the territories as he may
consider suitable to those conditions,
provided no action shall be
taken which is inconsistent with
the provisions of Articles
15, 16 and 18."
2. In pursuance of the
provisions of this Article, His Majesty’s
Government invite the Council
to pass the following resolution: —
"The following
provisions of the Mandate for Palestine
not applicable to the
territory known as Trans-Jordan, which
comprises all territory lying
to the east of a line drawn from a
point two miles west of the
town of Akaba
name up the centre of the
Wady Araba, Dead Sea and River
centre of that river to the
Syrian Frontier."
Preamble. — Recitals 2 and 3.
f
11
Article 2. — The
words '' placing the country under such judicial
administration and
economic- conditions as will secure the
establishment of
the Jewish national home, as laid down
in the preamble,
and".
Article 4.
Article 6.
Article 7. — The
sentence "There shall be included in this law
provisions framed
so as to facilitate the acquisition of
Palestinian
citizenship by Jews who take up their permanent
residence in Palestine
Article 11. — The second
sentence of the first paragraph and the
second paragraph.
Article 13.
Article 14.
Article 22.
Article 23.
In the application of the
Mandate to Trans- Jordan
which, in Palestine
country, will be taken by the
Administration of Trans-Jordan under
the general supervision of
the Mandatory.
3. His Majesty's Government accepts
full responsibility as Mandatory
for Trans-Jordan, and
undertake that such provision as may
be made for the
administration of that territory in accordance with
Article 25 of the Mandate
shall be in no way inconsistent with those
provisions of the Mandate
which are not by this resolution declared
inapplicable.
NOTE.
ARTICLE 25 OF
THE PALESTINE
Territory
known as Trans-Jordan.
Note by the
Secretary-General.
The
Secretary-General has the honor to communicate for the information of the
Members of the League, a memorandum relating to Article 25 of the Palestine
Mandate presented by the British Government to the Council of the League on September
16th, 1922 .
The memorandum
was approved by the Council subject to the decision taken at its meeting in London July 24th, 1922 , with regard to the coming into force
of the Palestine
Memorandum by
the British Representative
1. Article 25
of the Mandate for Palestine
"In the territories lying between the Jordan and the eastern
boundary of Palestine as ultimately determined, the Mandatory shall be
entitled, with the consent of the Council of the League of Nations, to postpone
or withhold application of such provisions of this Mandate as he may consider
inapplicable to the existing local conditions, and to make such provision for
the administration of the territories as he may consider suitable to those
conditions, provided no action shall be taken which is inconsistent with the
provisions of Articles 15, 16 and 18."
2. In
pursuance of the provisions of this Article, His Majesty’s Government invite
the Council to pass the following resolution : — "
The following provisions of the Mandate for Palestine are
not applicable to the territory known as Trans-Jordan, which comprises all
territory lying to the east of a line drawn from a point two miles west of the
town of Akaba on the Gulf of that name up the centre of the Wady Araba, Dead
Sea and River Jordan to its junction with the River Yarmuk ; thence up the
centre of that river to the Syrian Frontier."
Preamble.—Recitals
2 and 3.
Article 2.—The
words ''placing the country under such judicial administration and economic-
conditions as will secure the establishment of the Jewish national home, as
laid down in the preamble, and ".
Article
4.
Article
6.
Article 7.—The
sentence "There shall be included in this law provisions framed so as to
facilitate the acquisition of Palestinian citizenship by Jews who take up their
permanent residence in Palestine
Article 11.
—The second sentence of the first paragraph and the second paragraph.
Article
13.
Article
14.
Article
22.
Article
23.
In the application of the Mandate to Trans-Jordan, the action which, in Palestine
3. His
Majesty's Government accept full responsibility as Mandatory for Trans-Jordan,
and undertake that such provision as may be made for the administration of that
territory in accordance with Article 25 of the Mandate shall be in no way
inconsistent with those provisions of the Mandate which are not by this
resolution declared inapplicable.
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