Page images
PDF
EPUB

ARTICLE 22.

1. To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the wellbeing and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant.

2. The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility, and who are willing to accept it, and that this tutelage should be exercised by them as Mandatories on behalf of the League.

3. The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions and other similar circumstances.

4. Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory.

5. Other peoples, especially those of Central Africa, are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, the arms traffic and the liquor traffic, and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory, and will also secure equal opportunities for the trade and commerce of other Members of the League.

6. There are territories, such as South-West Africa and certain of the South Pacific Islands, which, owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilisation, or their geographical contiguity to the territory of the Mandatory, and other circumstances, can be best administered under the laws of the Mandatory as integral portions of its territory,

subject to the safeguards above mentioned in the interests of the indigenous population.

7. In every case of mandate, the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge.

8. The degree of authority, control, or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.

9. A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to the observance of the mandates. Note to I, 22

Article 22 in this form was included in the final report of the Commission on the League of Nations, which was approved on April 28, 1919, two months before the signing of the treaty of peace. It was, therefore, drafted without cognizance of the precise territories to which paragraphs 4, 5 and 6 would relate.

The territories which came under the regime set up by this article were 3 former parts of the Ottoman Empire and 7 former overseas possessions of Germany referred to in part IV, section I, of the treaty of peace. Those 10 territorial areas were originally administered under 15 mandates.

The "A" mandates (art. 22, par. 4) were allocated at a meeting of the Supreme Council held at San Remo, Italy, on April 25, 1920 and attended by the representatives of the British Empire, France, Italy, Japan, and the United States (in the capacity of an observer). This decision read in part (file 763.72119/9869, document I.C.P. 106):

"(a) To accept the terms of the Mandates Article as given below with reference to Palestine, on the understanding that there was inserted in the procès-verbal an undertaking by the Mandatory Power that this would not involve the surrender of the rights hitherto enjoyed by the non-Jewish communities in Palestine; this undertaking not to refer to the question of the religious protectorate of France, which had been settled earlier in the previous afternoon by the undertaking given by the French Government that they recognized this protectorate as being at an end.

"(c) [Translation] The mandatories chosen by the Principal Allied Powers are: France for Syria, and Great Britain for Mesopotamia and Palestine.

Note to I, 22—Continued

"In reference to the above decision the Supreme Council took note of the following reservation of the Italian Delegation:

“[Translation] The Italian Delegation, considering the great economic interests which Italy as an exclusively Mediterranean power possessed in Asia Minor, reserves its approval of the present resolution until the regulation of Italian interests in Asiatic Turkey."

Paragraph (b) of the resolution, with only drafting changes and an elaboration of the boundary clause, became articles 94-97 and article 132 of the Treaty of Sèvres, as follows:

"Article 94. The High Contracting Parties agree that Syria and Mesopotamia shall, in accordance with the fourth paragraph of Article 22, Part I (Covenant of the League of Nations), be provisionally recognised as independent States subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone.

"A Commission shall be constituted within fifteen days from the coming into force of the present Treaty to trace on the spot the frontier line described in Article 27, II (2) and (3). This Commission will be composed of three members nominated by France, Great Britain and Italy respectively, and one member nominated by Turkey; it will be assisted by a representative of Syria for the Syrian frontier, and by a representative of Mesopotamia for the Mesopotamian frontier.

"The determination of the other frontiers of the said States, and the selection of the Mandatories, will be made by the Principal Allied Powers.

“Article 95. The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the Principal Allied Powers, to a Mandatory to be selected by the said Powers. The Mandatory will be responsible for putting into effect the declaration originally made on November 2, 1917, by the British Government, 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 shall be done which may 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.

Note to I, 22-Continued

"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.

"Article 96. The terms of the mandates in respect of the above territories will be formulated by the Principal Allied Powers and submitted to the Council of the League of Nations for approval.

"Article 97. Turkey hereby undertakes, in accordance with the provisions of Article 132, to accept any decisions which may be taken in relation to the questions dealt with in this Section.

"Article 132. Outside her frontiers as fixed by the present Treaty Turkey hereby renounces in favour of the Principal Allied Powers all rights and title which she could claim on any ground over or concerning any territories outside Europe which are not otherwise disposed of by the present Treaty.

"Turkey undertakes to recognize and conform to the measures which may be taken now or in the future by the Principal Allied Powers, in agreement where necessary with third Powers, in order to carry the above stipulation into effect."

The Italian reservation was superseded by a tripartite agreement between the British Empire, France, and Italy respecting Anatolia, signed at Sèvres August 10, 1920 (United Kingdom, Treaty Series No. 12 (1920); 113 British and Foreign State Papers, p. 797). Areas in which the special interests of the three states existed were recognized and bounded, and the three states undertook "to render diplomatic support to each other in maintaining their respective positions" in those areas. The mandatories were to enjoy vis-à-vis the other contracting parties the same rights and privileges in the mandates as were enjoyed in the special areas. The agreement was to go into force with the treaty of peace signed with Turkey at Sèvres on August 10, 1920; but that treaty did not go into force. Instead, the treaty of peace which Turkey signed at Lausanne on July 24, 1923 (28 League of Nations Treaty Series, p. 11) included. the whole of Anatolia in Turkey and left no possibility for areas of special interest within its defined boundaries.

Article 16 of this treaty of July 24, 1923, which came into force on August 6, 1924, reads as follows:

Note to I, 22-Continued

"Turkey hereby renounces all rights and title whatsoever over or respecting the territories situated outside the frontiers laid down in the present Treaty and the islands other than those over which her sovereignty is recognised by the said Treaty, the future of these territories and islands being settled or to be settled by the parties concerned.

"The provisions of the present Article do not prejudice any special arrangements arising from neighbourly relations which have been or may be concluded between Turkey and any limitrophe countries."

The United States was not a party to this treaty of peace with Turkey, but it was represented at Lausanne by an observer of ambassadorial rank for the reason that "it will be practically impossible for the Allies to conduct negotiations without dealing with matters in which this Government is interested". The following position was taken: "To permit the Allies to conclude their negotiations without any attempt to present Department's views or to obtain assurances for protection of American interests would leave this Government with a fait accompli so far as the relations between the Allies and the Turks were concerned." Therefore, "American observers will be present during the course of the negotiations, ready at any opportune or critical moment to interpose the necessary word for our protection" (Foreign Relations, 1923, 11, 886). The disposition of the former Turkish territories was not included in the American interests involved.

The colonies renounced by Germany in favor of the Principal Allied and Associated Powers under article 119 of the Treaty of Versailles were administered under "B" and "C" mandates as described in paragraphs 5 and 6 of article 22. On May 7, 1919 the territories referred to were allocated to mandatories for administration under the terms of article 22 by a decision of the representatives of the United States, France, Great Britain, and Italy. The decision read (file 180.03401/149):

"(1) Togoland and Cameroons. France and Great Britain shall make a joint recommendation to the League of Nations as to their future.

"German East Africa. The mandate shall be held by Great Brit

ain.

"German South West Africa. The mandate shall be held by the Union of South Africa.

« ՆախորդըՇարունակել »