WWI Document Archive > Official Papers > Sykes-Picot Agreement
15 & 16 May, 1916:
1. Sir Edward Grey to Paul Cambon, 15 May 1916
I shall have the honour to reply fully in a further note to your Excellency's note of the 9th instant, relative to the creation of an Arab State, but I should meanwhile be grateful if your Excellency could assure me that in those regions which, under the conditions recorded in that communication, become entirely French, or in which French interests are recognised as predominant, any existing British concessions, rights of navigation or development, and the rights and privileges of any British religious, scholastic, or medical institutions will be maintained.
His Majesty's Government are, of course, ready to give a reciprocal
assurance in regard to the British area. 2. Sir Edward Grey to Paul Cambon, 16 May 1916
I have the honour to acknowledge the receipt of your Excellency's note of the 9th instant, stating that the French Government accept the limits of a future Arab State, or Confederation of States, and of those parts of Syria where French interests predominate, together with certain conditions attached thereto, such as they result from recent discussions in London and Petrograd on the subject.
I have the honour to inform your Excellency in reply that the acceptance of the whole project, as it now stands, will involve the abdication of considerable British interests, but, since His Majesty's Government recognise the advantage to the general cause of the Allies entailed in producing a more favourable internal political situation in Turkey, they are ready to accept the arrangement now arrived at, provided that the co-operation of the Arabs is secured, and that the Arabs fulfil the conditions and obtain the towns of Homs, Hama, Damascus, and Aleppo.
It is accordingly understood between the French and British Governments---
1. That France and Great Britain are prepared to recognize and protect an independent Arab State or a Confederation of Arab States in the areas (A) and (B) marked on the annexed map, under the suzerainty of an Arab chief. That in area (A) France, and in area (B) Great Britain, shall have priority of right of enterprise and local loans. That in area (A) France, and in area (B) Great Britain, shall alone supply advisers or foreign functionaries at the request of the Arab State or Confederation of Arab States.
2. That in the blue area France, and in the red area Great Britain, shall be allowed to establish such direct or indirect administration or control as they desire and as they may think fit to arrange with the Arab State or Confederation of Arab States. 3. That in the brown area there shall be established an international administration, the form of which is to be decided upon after consultation with Russia, and subsequently in consultation with the other Allies, and the representatives of the Shereef of Mecca.
4. That Great Britain be accorded (1) the ports of Haifa and Acre, (2) guarantee of a given supply of water from the Tigris and Euphrates in area (A) for area (B). His Majesty's Government, on their part, undertake that they will at no time enter into negotiations for the cession of Cyprus to any third Power without the previous consent of the French Government.
5. That Alexandretta shall be a free port as regards the trade of the British Empire, and that there shall be no discrimination in port charges or facilities as regards British shipping and British goods; that there shall be freedom of transit for British goods through Alexandretta and by railway through the blue area, whether those goods are intended for or originate in the red area, or (B) area, or area (A); and there shall be no discrimination, direct or indirect against British goods on any railway or against British goods or ships at any port serving the areas mentioned.
That Haifa shall be a free port as regards the trade of France, her dominions and protectorates, and there shall be no discrimination in port charges or facilities as regards French shipping and French goods. There shall be freedom of transit for French goods through Haifa and by the British railway through the brown area, whether those goods are intended for or originate in the blue area, area (A), or area (B), and there shall be no discrimination, direct or indirect, against French goods on any railway, or against French goods or ships at any port serving the areas mentioned.
6. That in area (A) the Baghdad Railway shall not be extended southwards beyond Mosul, and in area (B) northwards beyond Samarra, until a railway connecting Baghdad with Aleppo via the Euphrates Valley has been completed, and then only with the concurrence of the two Governments.
7. That Great Britain has the right to build, administer, and be sole owner of a railway connecting Haifa with area (B), and shall have a perpetual right to transport troops along such a line at all times.
It is to be understood by both Governments that this railway is to facilitate the connexion of Baghdad with Haifa by rail, and it is further understood that, if the engineering difficulties and expense entailed by keeping this connecting line in the brown area only make the project unfeasible, that the French Government shall be prepared to consider that the line in question may also traverse the polygon Banias-Keis Marib-Salkhab Tell Otsda-Mesmie before reaching area (B).
8. For a period of twenty years the existing Turkish customs tariff shall remain in force throughout the whole of the blue and red areas, as well as in areas (A) and (B), and no increase in the rates of duty or conversion from ad valorem to specific rates shall be made except by agreement between the two Powers.
There shall be no interior customs barriers between any of the above-mentioned areas. The customs duties leviable on goods destined for the interior shall be collected at the port of entry and handed over to the administration of the area of destination.
9. It shall be agreed that the French Government will at no time enter into any negotiations for the cession of their rights and will not cede such rights in the blue area to any third Power, except the Arab State or Confederation of Arab States without the previous agreement of His Majesty's Government, who, on their part, will give a similar undertaking to the French Government regarding the red area.
10. The British and French Governments, as the protectors of the Arab State, shall agree that they will not themselves acquire and will not consent to a third Power acquiring territorial possessions in the Arabian peninsula, nor consent to a third Power installing a naval base either on the east coast, or on the islands, of the Red Sea. This, however, shall not prevent such adjustment of the Aden frontier as may be necessary in consequence of recent Turkish aggression.
11. The negotiations with the Arabs as to the boundaries of the Arab State or Confederation of Arab States shall be continued through the same channel as heretofore on behalf of the two Powers.
12. It is agreed that measures to control the importation of arms into the Arab territories will be considered by the two Governments.
I have further the honour to state that, in order to make the agreement complete, His Majesty's Government are proposing to the Russian Government to exchange notes analogous to those exchanged by the latter and your Excellency's Government on the 26th April last. Copies of these notes will be communicated to your Excellency as soon as exchanged.
I would also venture to remind your Excellency that the conclusion of the present agreement raises, for practical consideration, the question of the claims of Italy to a share in any partition or rearrangement of Turkey in Asia, as formulated in article 9 of the agreement of the 26th April, 1915, between Italy and the Allies.
His Majesty's Government further consider that the Japanese Government should be informed of the arrangement now concluded. _________________ A la guerre comme a la guerre èëè âòîðàÿ ðåäàêöèÿ Çàáóãîðíîâà
Dear Lord Rothschild,
I have much pleasure in conveying to you, on behalf of His Majesty's Government, the following declaration of sympathy with Jewish Zionist aspirations which has been submitted to, and approved by, the Cabinet:
"His Majesty's Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, 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".
I should be grateful if you would bring this declaration to the knowledge of the Zionist Federation.
Yours sincerely
Arthur James Balfour _________________ A la guerre comme a la guerre èëè âòîðàÿ ðåäàêöèÿ Çàáóãîðíîâà
His Royal Highness the Emir Feisal, representing and acting on behalf of the Arab Kingdom of Hedjaz, and Dr. Chaim Weizmann, representing and acting on behalf of the Zionist Organisation, mindful of the racial kinship and ancient bonds existing between the Arabs and the Jewish people, and realising that the surest means of working out the consummation of their national aspirations is through the closest possible collaboration in the development of the Arab State and Palestine, and being desirous further of confirming the good understanding which exists between them, have agreed upon the following Articles:
ARTICLE I
The Arab State and Palestine in all their relations and undertakings shall be controlled by the most cordial goodwill and understanding, and to this end Arab and Jewish duly accredited agents shall be established and maintained in the respective territories.
ARTICLE II
Immediately following the completion of the deliberations of the Peace Conference, the definite boundaries between the Arab State and Palestine shall be determined by a Commission to be agreed upon by the parties hereto.
ARTICLE III
In the establishment of the Constitution and Administration of Palestine all such measures shall be adopted as will afford the fullest guarantees for carrying into effect the British Government's Declaration of the 2d of November, 1917.
ARTICLE IV
All necessary measures shall be taken to encourage stimulate immigration of Jews into Palestine on a large scale, and as quickly as possible to settle Jewish immigrants upon the land through closer settlement and intensive cultivation of the soil. In taking such measures the Arab peasant and tenant farmers shall be protected in their rights, and shall be assisted in forwarding their economic development.
ARTICLE V
No regulation nor law shall be made prohibiting or interfering in any way with the free exercise of religion; and further the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed. No religious test shall ever be required for the exercise of civil or political rights.
ARTICLE VI
The Mohammedan Holy Places shall be under Mohammedan control.
ARTICLE VII
The Zionist Organisation proposes to send to Palestine a Commission of experts to make a survey of the economic possibilities of the country, and to report upon the best means for its development. The Zionist Organisation will place the aforementioned Commission at the disposal of the Arab State for the purpose of a survey of the economic possibilities of the Arab State and to report upon the best means for its development. The Zionist Organisation will use its best efforts to assist the Arab State in providing the means for developing the natural resources and economic possibilities thereof.
ARTICLE VIII
The parties hereto agree to act in complete accord and harmony on all matters embraced herein before the Peace Congress.
ARTICLE IX
Any matters of dispute which may arise between the contracting parties shall be referred to the British Government for arbitration. Given under our hand at London, England, the third day of January, one thousand nine hundred and nineteen.
Chaim Weizmann
Feisal Ibn al-Hussein. _________________ A la guerre comme a la guerre èëè âòîðàÿ ðåäàêöèÿ Çàáóãîðíîâà
The Zionist Organization submitted their draft resolutions for consideration by the Peace Conference on February 3, 1919. This shortly followed the Conference's decision that the former Arab provinces of the Ottoman Empire should be separated from it and the newly conceived mandate-system applied to them.
The statement included five main points:[22]
* Recognition of the Jewish people's historic title to Palestine and their right to reconstitute their National Home in Palestine.
* The boundaries of Palestine were to be declared as set out in an attached Schedule.
* The sovereign possession of Palestine would be vested in the League of Nations and the Government entrusted to Great Britain as Mandatory of the League.
* Other provisions to be inserted by the High Contracting Parties relating to the application of any general conditions attached to mandates, which are suitable to the case in Palestine.
* The mandate shall be subject also to several noted special conditions.
[edit] Statement
The statement reiterates the historic title Zionist Jews claim regarding Palestine. It sets out five main considerations.
* The land is the historic home of the Jews. It is the place where they achieved their greatest development and spiritual and moral influences of value to mankind. They were driven from Palestine by violence and have long hoped for a return.
* Millions of Jews in some parts of the world have experienced deplorable conditions. The need for new opportunities is urgent. Palestine is chosen “above all others in which they would most wish to cast their lot.” With economic development, “Palestine can be made now as it was in ancient times, the home of a prosperous population many times as numerous as that which now inhabits it.”
* Palestine is not large enough to contain more than a portion of the Jews of the world. The majority of the approximately fourteen million Jews scattered throughout the world must remain in their present locations, and it will be one of the concerns of the Peace Conference to ensure for them equal rights and humane conditions. A Jewish National Home in Palestine will be of high value to the Jews; its influence will permeate the Jews of the world, it will inspire millions, often despairing, with a new hope and a higher standard; it will help to make them even more useful citizens in the lands in which they currently reside.
* Such a Palestine would be of value also to the world at large, whose real wealth consists in the healthy diversities of its peoples
* The land of Palestine needs redemption and development; much of it is desolate and its present condition is poor. Two things are necessary for that redemption - a stable and enlightened government, and additional people to the present population, which shall be energetic, intelligent, devoted to the country, and backed by the large financial resources that are indispensable for development. The Jews alone can supply such a population.
The statement notes that the historic title of the Jews to Palestine was recognized by the British Balfour Declaration, 1917 and quotes it in full. The Boundary Schedule[22] set out the general lines of the boundaries of Palestine from a point on the Mediterranean Sea near Sidon in the north and following the watersheds of the foothills of the Lebanon, east and then south to Hermon, then east following the northern watersheds of the Nahr Mughaniye to just west of the Hedjaz Railway; south along the railway to the Gulf of Akaba; west along a frontier to be agreed with the Egyptian Government, to the Mediterranean Sea.
The statement notes that Palestine must have its natural outlets to the seas, the control of its rivers and their headwaters and secure water resources. The boundaries were those considered essential for the necessary economic foundation of the country.[23]
The sparsely populated lands east of the Jordan were proposed as an area for economic development. Free access to the Hedjaz Railway was seen as important for both Palestine and Arabia. Intensive development of agriculture in Trans-Jordania would require access to the Red Sea by Palestine. The ports to developed in the Gulf of Akaba were to be free ports to support commerce.[23] _________________ A la guerre comme a la guerre èëè âòîðàÿ ðåäàêöèÿ Çàáóãîðíîâà
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.
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.
... _________________ A la guerre comme a la guerre èëè âòîðàÿ ðåäàêöèÿ Çàáóãîðíîâà
http://wwi.lib.byu.edu/index.php/San_Remo_Convention "The San Remo Conference decided on April 24, 1920 to assign the Mandate [for Palestine] under the League of Nations to Britain. The terms of the Mandate were also discussed with the United States which was not a member of the League. An agreed text was confirmed by the Council of the League of Nations on July 24, 1922, and it came into operation in September 1923."
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 League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly 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 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 connexion 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 mandate in respect of Palestine has 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; and
Whereas by the aforementioned Article 22 (paragraph , 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 Palestine, irrespective of race and religion.
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 cooperating 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 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 cooperation 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 privileges 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.
Unless the Powers whose nationals enjoyed the aforementioned privileges and immunities on August 1st, 1914, shall have previously renounced the right to their re-establishment, 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 shall assure to foreigners, as well as to 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 Waqfs 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 Palestine, the extradition treaties in force between the Mandatory and 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 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 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, and the right to issue exequaturs to consuls appointed by foreign Powers. He shall also be entitled to afford diplomatic and consular protection to citizens of Palestine when outside its territorial limits.
Article 13.
All responsibility in connexion with the Holy Places and religious buildings or sites in Palestine, including that of preserving existing 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 Moslem 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. The method of nomination, the 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 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 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 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 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 also for the defence of the country, subject however, to the supervision 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 for the movement of armed forces 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 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 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 l9.
The Mandatory shall adhere on behalf of the Administration of Palestine to any general international conventions already existing, 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 equality, freedom of transit and navigation, aerial navitation and postal, telegraphic and wireless communicatiion or literary, artistic or industrial property.
Article 20.
The Mandatory shall 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 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 nationalals of all States Members of the League of Nations....
Article 22.
English, Arabic and Hebrew shall be the official languages of Palestine. Any statement or inscription in Arabic on stamps or money in Palestine shall be repeated in Hebrew and any statement 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 as legal days of rest for the members 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 Iying 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 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 honour the financial obligations legitimately incurred by the Administration of Palestine during the period of the mandate, including the 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 the twenty-fourth day of July, one thousand nine hundred and twenty-two." _________________ A la guerre comme a la guerre èëè âòîðàÿ ðåäàêöèÿ Çàáóãîðíîâà
The Secretary of State for the Colonies has given renewed consideration to the existing political situation in Palestine, with a very earnest desire to arrive at a settlement of the outstanding questions which have given rise to uncertainty and unrest among certain sections of the population. After consultation with the High Commissioner for Palestine [Sir Herbert Samuel] the following statement has been drawn up. It summarizes the essential parts of the correspondence that has already taken place between the Secretary of State and a delegation from the Moslem Christian Society of Palestine, which has been for some time in England, and it states the further conclusions which have since been reached.
The tension which has prevailed from time to time in Palestine is mainly due to apprehensions, which are entertained both by sections of the Arab and by sections of the Jewish population. These apprehensions, so far as the Arabs are concerned are partly based upon exaggerated interpretations of the meaning of the [Balfour] Declaration favouring the establishment of a Jewish National Home in Palestine, made on behalf of His Majesty's Government on 2nd November, 1917.
Unauthorized statements have been made to the effect that the purpose in view is to create a wholly Jewish Palestine. Phrases have been used such as that Palestine is to become "as Jewish as England is English." His Majesty's Government regard any such expectation as impracticable and have no such aim in view. Nor have they at any time contemplated, as appears to be feared by the Arab deegation, the disappearance or the subordination of the Arabic population, language, or culture in Palestine. They would draw attention to the fact that the terms of the Declaration referred to do not contemplate that Palestine as a whole should be converted into a Jewish National Home, but that such a Home should be founded `in Palestine.' In this connection it has been observed with satisfaction that at a meeting of the Zionist Congress, the supreme governing body of the Zionist Organization, held at Carlsbad in September, 1921, a resolution was passed expressing as the official statement of Zionist aims "the determination of the Jewish people to live with the Arab people on terms of unity and mutual respect, and together with them to make the common home into a flourishing community, the upbuilding of which may assure to each of its peoples an undisturbed national development."
It is also necessary to point out that the Zionist Commission in Palestine, now termed the Palestine Zionist Executive, has not desired to possess, and does not possess, any share in the general administration of the country. Nor does the special position assigned to the Zionist Organization in Article IV of the Draft Mandate for Palestine imply any such functions. That special position relates to the measures to be taken in Palestine affecting the Jewish population, and contemplates that the organization may assist in the general development of the country, but does not entitle it to share in any degree in its government.
Further, it is contemplated that the status of all citizens of Palestine in the eyes of the law shall be Palestinian, and it has never been intended that they, or any section of them, should possess any other juridical status. So far as the Jewish population of Palestine are concerned it appears that some among them are apprehensive that His Majesty's Government may depart from the policy embodied in the Declaration of 1917. It is necessary, therefore, once more to affirm that these fears are unfounded, and that that Declaration, re affirmed by the Conference of the Principle Allied Powers at San Remo and again in the Treaty of Sevres, is not susceptible of change.
During the last two or three generations the Jews have recreated in Palestine a community, now numbering 80,000, of whom about one fourth are farmers or workers upon the land. This community has its own political organs; an elected assembly for the direction of its domestic concerns; elected councils in the towns; and an organization for the control of its schools. It has its elected Chief Rabbinate and Rabbinical Council for the direction of its religious affairs. Its business is conducted in Hebrew as a vernacular language, and a Hebrew Press serves its needs. It has its distinctive intellectual life and displays considerable economic activity. This community, then, with its town and country population, its political, religious, and social organizations, its own language, its own customs, its own life, has in fact "national" characteristics. When it is asked what is meant by the development of the Jewish National Home in Palestine, it may be answered that it is not the imposition of a Jewish nationality upon the inhabitants of Palestine as a whole, but the further development of the existing Jewish community, with the assistance of Jews in other parts of the world, in order that it may become a centre in which the Jewish people as a whole may take, on grounds of religion and race, an interest and a pride. But in order that this community should have the best prospect of free development and provide a full opportunity for the Jewish people to display its capacities, it is essential that it should know that it is in Palestine as of right and not on the sufferance. That is the reason why it is necessary that the existence of a Jewish National Home in Palestine should be internationally guaranteed, and that it should be formally recognized to rest upon ancient historic connection.
This, then, is the interpretation which His Majesty's Government place upon the Declaration of 1917, and, so understood, the Secretary of State is of opinion that it does not contain or imply anything which need cause either alarm to the Arab population of Palestine or disappointment to the Jews.
For the fulfilment of this policy it is necessary that the Jewish community in Palestine should be able to increase its numbers by immigration. This immigration cannot be so great in volume as to exceed whatever may be the economic capacity of the country at the time to absorb new arrivals. It is essential to ensure that the immigrants should not be a burden upon the people of Palestine as a whole, and that they should not deprive any section of the present population of their employment. Hitherto the immigration has fulfilled these conditions. The number of immigrants since the British occupation has been about 25,000.
It is necessary also to ensure that persons who are politically undesirable be excluded from Palestine, and every precaution has been and will be taken by the Administration to that end.
It is intended that a special committee should be established in Palestine, consisting entirely of members of the new Legislative Council elected by the people, to confer with the administration upon matters relating to the regulation of immigration. Should any difference of opinion arise between this committee and the Administration, the matter will be referred to His Majesty's Government, who will give it special consideration. In addition, under Article 81 of the draft Palestine Order in Council, any religious community or considerable section of the population of Palestine will have a general right to appeal, through the High Commissioner and the Secretary of State, to the League of Nations on any matter on which they may consider that the terms of the Mandate are not being fulfilled by the Government of Palestine.
With reference to the Constitution which it is now intended to establish in Palestine, the draft of which has already been published, it is desirable to make certain points clear. In the first place, it is not the case, as has been represented by the Arab Delegation, that during the war His Majesty's Government gave an undertaking that an independent national government should be at once established in Palestine. This representation mainly rests upon a letter dated the 24th October, 1915, from Sir Henry McMahon, then His Majesty's High Commissioner in Egypt, to the Sharif of Mecca, now King Hussein of the Kingdom of the Hejaz. That letter is quoted as conveying the promise to the Sherif of Mecca to recognise and support the independence of the Arabs within the territories proposed by him. But this promise was given subject to a reservation made in the same letter, which excluded from its scope, among other territories, the portions of Syria lying to the west of the District of Damascus. This reservation has always been regarded by His Majesty's Government as covering the vilayet of Beirut and the independent Sanjak of Jerusalem. The whole of Palestine west of the Jordan was thus excluded from Sir. Henry McMahon's pledge.
Nevertheless, it is the intention of His Majesty's overnment to foster the establishment of a full measure of self government in Palestine. But they are of the opinion that, in the special circumstances of that country, this should be accomplished by gradual stages and not suddenly. The first step was taken when, on the institution of a Civil Administration, the nominated Advisory Council, which now exists, was established. It was stated at the time by the High Commissioner that this was the first step in the development of self governing institutions, and it is now proposed to take a second step by the establishment of a Legislative Council containing a large proportion of members elected on a wide franchise. It was proposed in the published draft that three of the members of this Council should be non official persons nominated by the High Commissioner, but representations having been made in opposition to this provision, based on cogent considerations, the Secretary of State is prepared to omit it. The legislative Council would then consist of the High Commissioner as President and twelve elected and ten official members. The Secretary of State is of the opinion that before a further measure of self government is extended to Palestine and the Assembly placed in control over the Executive, it would be wise to allow some time to elapse. During this period the institutions of the country will have become well established; its financial credit will be based on firm foundations, and the Palestinian officials will have been enabled to gain experience of sound methods of government. After a few years the situation will be again reviewed, and if the experience of the working of the constitution now to be established so warranted, a larger share of authority would then be extended to the elected representatives of the people.
The Secretary of State would point out that already the present administration has transferred to a Supreme Council elected by the Moslem community of Palestine the entire control of Moslem Religious endowments (Waqfs), and of the Moslem religious Courts. To this Council the Administration has also voluntarily restored considerable revenues derived from ancient endowments which have been sequestrated by the Turkish Government. The Education Department is also advised by a committee representative of all sections of the population, and the Department of Commerce and Industry has the benefit of the co operation of the Chambers of Commerce which have been established in the principal centres. It is the intention of the Administration to associate in an increased degree similar representative committees with the various Deparments of the Government.
The Secretary of State believes that a policy upon these lines, coupled with the maintenance of the fullest religious liberty in Palestine and with scrupulous regard for the rights of each community with reference to its Holy Places, cannot but commend itself to the various sections of the population, and that upon this basis may be built up that a spirit of cooperation upon which the future progress and prosperity of the Holy Land must largely depend.
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FAQ
, 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;
