Page Sixteen

DETROIT JEWISH CHRONICLE and The Legal Chronicle

;--r-rx7.7.7-77

Friday, Novembe r 1

FULL TEXT OF PALESTINE MANDA1

The ZIONIST organisation, so long as
its organisation and constitution are in
the opinion of the Mandatory appropri-
ate, shall be recognised 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 into effect; and provided also that
nothing in this mandate shall be con-
strued 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 con-
nection with the Holy Places and the
rights and claims relating to the different
religious comm u nities in Palestine. The
method of nomination, the composition
and the functions of this Commission
sha l be submitted to the Council of the
League for its a roval, and the Commis-
sion shall not be appointed or enter upon
its functions without the approval of the
Council.

nationa ls of all States Members or the

of Nat ions.

(1)
"Antiquity" means .any construction 0,
product of human activity earlier than
year A.D. 1700.
(2)

Thu law for the protection of antiquIttee
proceed by encouragement rather than by t
Any person who, having discovered an
gutty without being furnished with the ate
Hatton referred to In paragraph 5, report)
same to an official of the competent Depart.
hall be rewarded according to the value o'
d;s covery.

Article 5.
The Mandatory shall be responsible for
seeing that NO PALESTINE TERRI-
(3)
TORY SHALL BE CEDED or leased to,
No antiquity may be disposed of except h
or in any way placed under the control
competent Department, unless his Depart
of, the Government of any foreign Power.
renounces the acquisition of any such ands
antiquity may leave the country Wit
l
Article 6.
an export license from the said Departmen
pp
The Administration of Palestine, while
(4)
•
Any person who maliciously or neslItt
nsuring that the rights and position of
0
destroys
or
damages
an
antiquity
shall be I,
ther sections of the population are not
to a penalty to be fixed.
p rejudiced, shall facilitate JEWISH im-
(5)
igration under suitable conditions and
THEODORE HERZL, founder of Zion-
No clearing of ground or digging with th
Article 15.
e
ject of finding antiquities shall he permit
ism, who first said that if Jews will it, J hall encourage, in cooperation with the
The Mandatory shall see that complete under penally of fine. except to persons out
EWISH agency referred to in Article 4,
they can have a Palestine State.
C
lose settlement by JEWS on the land, freedom of conscience and the free exer- iced, by the competent Department.
(5)
ncluaing State lands and waste lands not cise of all forms of worship, subject only
THE MANDATE FOR PALESTINE
Equitable terms shall be fixed for exprop
to the maintenance of public order and
equired for public purposes.
Lion,
temporary
or
permanent,
of lands ve
The Council of the League of Nations:
morals, are ensured to all. NO DISCRIMI- might be of historical or archaeological
Inter
Article
7.
NATION
of
any
kind
shall
be
made
be-
Whereas the Principal Allied Powers
(7)
tween
the
inhabitants
of
Palestine
on
the
The
Administration
of
Palestine
shall
have agreed, for the purpose of giving ef-
Authorisation to excavate Khali only be gra
fect to the provisions of Article 22 of the la c responsible for enacting a nationality ground of race, religion or language. NO to persons who allow sufficient guarantee' e
w.
There
shall
be
included
in
this
law
PERSON
SHALL
BE
EXCLUDED
FROM
archaeological experience. The Administration
Covenant of the League of Nations, to
ENTRUST to a Mandatory selected by a rovisions framed so as to facilitate the PALESTINE ON THE SOLE GROUND Palestine shall not, In granting these annum
flans, act In such a way as to exclude scbol
OF
HIS
RELIGIOUS
BELIEF.
cquisition
of
Palestinian
citizenship
by
the said Powers the ADMINISTRATION J
of any nation without good grounds.
ews who take up their permanent resi-
The right of each community to main-
of THE TERRITORY OF PALESTINE, de
(8)
nce
in
Palestine.
tain
its
own
schools
for
the
education
of
which formerly belonged to the Turkish
The proceeds of excavations may be divld
its own members in its own language, between
Empire, within such boundaries as may
Article 8.
the excavator and the competent I
be fixed by them; and
The privileges and immunities of for- while conforming to such educational re- pertinent In a proportion flxed by that Depa
ment. If divIelon seems impossible for s lent
Whereas the Principal Allied Powers el gners, including the benefits of consular quirements of a general nature as the reasons,
the excavator shall receive a far
may impose, shall not be
I
have also agreed that the Mandatory ju risdiction and protection as formerly Administration
demnity in lieu of a part of the and.
denied or impaired.
should be responsible for putting into ef- en joyed by Capitulation or usage in the
Article
22.
fect the declaration originally made on Ot toman Empire, shall not be applicable
Article 16.
English, Arabic and Hebrew shall be tl
November 2, 1917, ' by the Government in Palestine.
The Mandatory shall be responsible for official languages of Palestine. Any stat
of His Britannic Majesty, and adopted
Unless the Powers whose nationals en- exercising such supervision over Olgious meat or inscription in Arabic on stann
by the said Powers, in favour of the 10 ye the aforementioned privileges and or eleemosynary bodies of all faiths in or money in Palestine shall be repeats
establishment in ' Palestine of a NA- ini munities on August 1, 1914, shall have Palestine as may be required for the in Hebrew and any statement or inserij
TIONAL home for the JEWISH people, it pr eviously renounced the right to their maintenance of public order and good gov- flan in Hebrew shall be repeated In Arabi
being clearly understood that nothing TeC stablishment, or shall have agreed to ernment. Subject to such supervision, no Article 23.
should be done which might prejudice the the it non-application for a specified per-
CIVIL and RELIGIOUS ' rights of exist. iod , these privileges and immunities shall, measures shall be taken in Palestine to The Administration of Palestine sha
ing non-Jewish communities in Palestine, at the expiration of the mandate, be im- obstruct or interfere with the enterprise recognise THE HOLY DAYS of the re
or the rights and political status enjoyed me diately reestablished in their entirety of such bodies or to DISCRIMINATE spective communities in Palestine as legs
or with such modifications as may have against any representative or member of days of rest for the members of sad
by Jews in any other country; and
them on the ground of his religion or communities.
bee
Whereas recognition has thereby been con n agreed upon between the Powers nationality.
corned.
given to the historical connection of the
Article 24.
Article 17.
Jewish people with Palestine and to the
Article 9.
THE
MANDATORY
SHALL MAKE TO
The
T he Mandatory shall be responsib
Administration of Palestine m ay
grounds for reconstituting their national
l e organise on a
THE COUNCIL OF THE LEAGUE OF
for see
me in that country; ' and
voluntary
basis
the
for
ces NATIONS AN ANNUAL REPORT ' TO
ing that the judicial system estab- necessary for the n of peace
li sh
for
Whereas the Principal Allied Powers e rs, ed in Palestine shall assure to foreign- and order, and also preservatio
THE SATISFACTION of the Council
the
defence
o to the measures taken during the year to as
have selected His Britannic Majesty as gua as well as to natives, a complete the country, subject, however, to the su-
the Mandatory for Palestine; and
ranteo of their rights, pervision of the Mandatory, but shall not carry out the provisions of the mandate.
Whereas the mandate in respect OF van espect for the personal status of the use them or purposes other than those Copies of all laws and regulations proud.
PALESTINE has been formulated in the thei ions peoples and communities and for above specified save with the consent of gated or issued during the year shall be
following terms and submitted to the gua r religious interests shall be fully the Mandatory. Except for such purposes, communicated with the report.
Council of the League for approval; and ad ranteed. In particular, the control and no military, naval or air forces shall be
Article 25.
Whereas His Britannic Majesty has else ministration of Wakfs shall be exer- raised or maintained by the Administra-
In the territories lying between the Jot.
d
in
accordance
with
religious
law
tion
of
Palestine.
ACCEPTED the mandate in respect of and the dispositions of the founders.
clan and the eastern boundary of Palestine
Palestine and UNDERTAKE LE
as ultimately determined, the Mandatory
N to exercise '
Nothing
in
this
article
shall
preclude
the
Article
10.
it ON BEHALF OF THE AGUE OF P e
Administration of Palestine from contrib- shall be entitled, with the CONSENT of
NATIONS IN CONFORMITY with the tion nding the making of special extradi- uting to the cost of the maintenance of the Council of the League of Nations, to
agreement s relati
following provisions; and
to P alestine, the
POSTPONE or withhold application of
the the forces of th eM andat
ext edition treaties in ngorce
f
The Mandatory shall be ory in Palestine. such provisions of this mandate as he
Whereas by the afore-mentioned Article Mr
between
an datory and other foreign
entitled
all
Powers times to use the roads, railways and at
22 (paragraph 8), it is provided that the shall
ports may consider inapplicable to the existing
apply to Palestine.
degree of authority, control or administra-
of Palestine for the movement of armed local conditions, and to make such pm!.
tion to be exercised by the Mandatory,
forces and the carriage of fuel and sion for the administration of the tern•
Article 11.
not having been previously agreed upon
tories as he may consider suitable to those
Th e Administration of Palestine shall supplies.
by the Members of the League, shall be take
conditions, provided that no action shall
Article 18.
explicity DEFINED BY THE COUNCIL GUA all necessary measures to SAFE-
be taken which is inconsistent with the
The
Mandatory shall IN
OF THE LEAGUE OF NATIONS;
RD
the
interests
of
d
the
community
NO
DISCRIMINATION
see
PALESTINE
that there is provisions of Articles 15, 16 and 18.
in c
Co nfirming the said mandate, defines THE onnection with thedevelopment OF AGAINST THE NATIONALS OF ANY
Article 26.
its t erms as follows:
COUNTRY, and, subject to any in- STATE MEMBER OF THE LEAGUE OF
terna tional
The Mandatory agrees that, if any dis•
obli gations accepted
Man datory, shall have full
Article 1.
power by y the NATIONS ' (including companies incor- pute whatever should arise between the
vide
Mandatory and another Member of the
porated in under itws)
The Mandatory shall have full powers any for public ownership es or of control
later y as comared with League of Nations relating to the inter-
of the natur
those
of
the
Mato
the
coun-f
or
of LEGISLATION and of ADMINISTRA- try o
any foreign pretation or the application of the provi.
oState
concerning
r of the public works, services and - commerce or matters
navigation,
the i ng taxation sions of the mandate, such dispute, if It
TION, save as they may be limited by the utilit ies
terms of this mandate.
there
of , cannot be settled by negotiation, SHALL
established or to be established industries or professions, or in exercise
the treat-
Article 2.
appro in. It shall introduce a land system merit of merchant vessels or civil aircraft. BE SUBMITTED TO THE PERMANENT
priate
to
the
needs
of
the
country,
Similarly,
there
shall
The Mandatory shall be responsible for havin regard, pro
COURT OF INTERNATIONAL JUSTICE
amo
other things, tot
n
placing the country under such political, desir ab
g ility ofpromoting the close tee
e- in Palestine against gods o discrimination provided for by Article 14 of the Covenant
administrative and economic conditions men t
ods
originating
in
of the League of Nations.
destined for any of
as will secure the establishment of the The and intensive cultivation of the land. and there s
,
hall
be
freed
the
Ar.
27
freedom
of transit
JEWISH ' national home, as laid down the J EWISH
un-
Administration
may arrange'
with der equitable conditions
across
the man-
The consent ofticle
agency mentioned
in Article
the Council of the
in the preamble, and the development of 4 to
construct or operate, upon fair and dated area.
League of Nations is required for any mo-
self-governing institutions, and also for equita
Subject as
and the
to Adminis-
the other dification of the terms of this mandate. '
safeguarding the civil and religious rights and ble terms, any public works, services provisions
of aforesaid
this mandate,
A
28.
of all the inhabitants of Palestine, ir- ,natur utilities, and to develop any of the tration of Palestine may, on the advice
In the event ofrticle
the TERMINATION "
respective of race and religion. far as al resources of country, in so of the Mandatory, impose such taxes and
at n hd ea m
tua
ry
n
da
tt h ee hc ee re u b ny eilcou nffetrnre edLupgoune
of
ea
dertak these matters are not directly un- customs duties as it may consider neces_
Article 3.
Mandatory,
The Mandatory shall, so far as eircum. arran g by the Administration. Any such sary, and take such steps as it ma
ements
shall
provide
that
no
pro-
best
TO
PROMOTE
shall make such arrangements as
stances permit, ENCOURAGE local au- fits d stributed
may think Nations
i
by such agency, direct]
be deemed necessary for nsta eo feg e u f ath rt
tonomy,
or in
DEVELOP- m4 in perpetuity,
t e h x e cee cd apia talrea a s n o dn
MENT
OF
THE
NATURAL
epeern
t ueld ty,n
ar guarantee
ua
rate of
Article 4.
THE RESOURCES
reasonable of the country and to safeguard
the inter- League, the rights secured by Articles 13
An appropriate JEWISH agency shall furthe
ests
of
the
population.
It
may
r profits shall be utilised by it for the advice of the Mandatory,
be recognized as a PUBLIC BODY for the be nefit
also, on and 14, and shall use its influence for
of the country in a manner a
the purpose of advising and cooperating proved by the Administration. p- special customs agreement with inc lude a securing, under the guarantee of the
h an y State League, that the Government of Palestine
with the Administration of Palestine in
the territor
Article 12.
such economic, social and other matters
Included in y of which in 1914 was wholly will fully honour the financial obligations
The t Mandatory shall be ENTRUSTED
legitimately incurred by the Administra-
Administra-
Asiatic Turkey or Arabia.
as may effect the establishment of the with
t tionof Palestine during the period of the
JEWISH NATIONAL home and the in- of Pal he control of the foreign ,relations
The Mandatory isArticl
terests of th- JEWISH population in Pal- aturs estino and the right to issue exequ-
mandate, including the rights of public
,ahrt
ielsItildehte
190 reo
an on
y g behalf t
Administration
of
estine, and, e subject
servants to pensions or gratuities.
always to the control Powers t olf e consuls a l a spo p ob i e n t ee d n t i d f t o o r e la gfn. Cone! comentions already
b e concluded hereaft
The present instrument shall be dopes' '
ex.stine, or which may
of the Administration, to assist and take ford d
entitled
er ult
u in e u o fN
riginal
ati
h the
approval
of ti •
the archives o f the
part in the development of the COUNTRY. to citi iplomatic and consular protection League of Natrona,respecting
the
slav
League
zens
t
Nations and e certified copies 1
the
traffic
In
arms
and
ammunition,
or
e
rr
t
, b sh er a s
of Palestine when outside its tic In dru
1. This mandato Is sul
ll ebfe tf b oerw u
theratraiy,
generls (the only one territor lal limits.
l e -
'ara dg eu d e.by the Secretary-Gen
gs, or relating to ommercial
c
of Its kind) and only such provisions
of Cove-
freedom of transit and navigation, a
equal it
eral of the League of Nations to all Men'
e
rial naviga-
nant 22 or other documents, charter» etc. apply
Article 13,
flan and postal, telegraphic and wireless
All r esponsibility
as are not Inconsistent with the expressed pur-
corn-
munIcation or literar), artistic or industrial
in connection with the U
poses of this mandate.
at London the twenty-fourth day
Holy Places and religious
buildings or
2. The Balfour Declaration containing the ap-
of July, , one thousand nine hundred and
Artic.
cites
in
Palestine,
including
that
of
pre-
The Mandatory
proved of "Jewish Zionist aspirations" and of a serving
le operate on behalf f twDenotnye
existing rights and of securing the A dministration shall
Jewish National Home was given legal effect
Certified i true copy:
by free ac cess
glove, soc al and oth of Palestine, no far
Its express incorporation In the mandate.
to
the
Holy
Places,
religious
the
executi
er
conns
SE CRETARY-GENfAL•
building s and sites and the free exercise
,,o, n
3. The word "In" Is an all-Inclusive term and
on of any common may permit, relloill
policy adopted
by
not a restrictive word used In a limited sense
League of Nations for preventing
a
of wor ship, while ensuring the require- the
B.
The
duties,
rights
and obligations
hating
n
d corn.
disease, Includin
See C. J. S. Volume 42. Page 174.
been
u
'
meats
expressly rammed by the United Nati"'
g diseases of planla and Organization.
of public order and decorum, is animals'
4. Civil and religioue do not mean and do not
assume d
Mandatory who shall be
9. The Anglo
Include "political and economic rights" which
Article
Si.
cones •AmerIcan treaty o 1021 provided
The Ilandatory shall
respons by solely
f
to the League of Na. within
that the
the Ma
were granted to the Jewish people.
secure the
twel
consent of the United States must
all
enactment first obtained
tions
in
bie
matters
connected
herew
ve
months
from
this
da
6. Historical boundaries extend from the Medi-
by the mandatory before a ll
ensure the execution
ith,
e
and
shall
provided that nothing in this article shall based on the folol of a Law of
terranean to the Euphrates consisting of an
modincatIon of any terms of tho mndate
wh c
a
area
l
Antiquities
ox
upward of 100.00o eq. ml. See
prevent
were repeated In full In the treaty Itself.
a natatory
sure equality of
Genesis XV, It;
teri
a rtreatment ir
Deuteronomy, XL 21, XXIV. 1.
such ar rangements as he may d for the
tions and
tne matter or
research t
--------
J
4. The word Arab appears nowhere In the
tenable with the A
of I"
Administration
7. The An
mandate.
o the mandatory would reach a majority.
In pursuance
anc:
any
purpose Of
glo-American Treaty of 1921 ex
of car rying the provisions of this ly made provialon
thereof It became nece s s
for the , a
t h at at times , .!
9,.
trotection
Interests;

In Palestine

7 -

tat er &Hoc

of Am pre
such termination th e minority rights or " l' A U
erican and religious" rights should be protectedla
guaranteed.
-