Friday, November 8, 1946
(Continued from Page
Page Seven
TH JEWISH NEWS
10) The Complete Text of
THE -PAL: ES T INE MANDATE.
taken by the Administration. Any such arrange-
ments shall'provide that no profits distributed by
such agency, directly or indirectly, shall exceed &-
reasonable rate of interest on the capital, and any
further profits shall -be utilised by it for the, bene-
fit of the country in a manner approved by the
Administration.
ARTICLE 12
The Mandatory shall be entrusted with the con-
trol 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 connection with the Holy
Places and religious buildings or sites in Pales-
tine, 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 here-
. with, 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 pro-
vided also that nothing in this mandate shall be
construed as conferring upon the Mandatory au-
thority to interfere with the fabric or the man-
agement 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 relating to the different religious
communities in Palestine. The method of nomi-
nation, the composition and the functions of this
Commission shall be submitted to the Council
of the League for its approval, and the Commis-
sion shall not be appointed or enter upon its func-
tions without the approyal 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
discrhnination of any kind shall be made between
the inhabitants of Palestine on the grqund 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 exer-
cising such supervision over religious or ele-
emosynary bodies of all faiths in Palestine as may
be required for the maintenance of public order
and good government. Subject to such super-
vision, no measures shall be taken in Palestine to
obstruct or interfere with the enterprise of such
bodies or to discriminate against any representa-
tives or member of them on the ground of his
religion or nationality;
ARTICLE 17
The Administration of Palestine may organise
on a voluntary basis the forces necessary for the
preservation of peace and order, and also for the
defence of the country, subject, however, to the
supervision of the Mandatory, but shall not use
them for purposes other than those above speci-
fied save with the consent of the Mandatory.
Except for such purposes, no military, naval or air
forces shall be raised or maintained by the Ad-
ministtation of Palestine.
Nothing in this article shall preclude the Ad-
ministration of Palestine from contributing to the
cost of the maintenance of the forces of the Man-
datory in Palestine.
The Mandatory shall be entitled at all times to
use the roads, railways and ports of Palestine for
the mdvement of armed forces and the carriage
of fuel t and supplies.
ARTICLE 18
The Mandatory shall see that there is no dis-
crimination in Palatine against the nationals of
any State _member of the League of Nations (in-
cluding 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 or-
iginating in or destined for any of the said States,
and there shall be freedom of transit under equit-
able 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 neces-
sary, 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 ma, 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 Palestine to any general inter-
national 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, free-
dom of transit and navigation, aerial navigation
and postal, telegraphic and wireless communi-
cation 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 nationals of all
States members of the League of Nations.
1)
`Antiquity' means any construction or any
product of human activity earlier than the year
A.O. 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 re-
ferred 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 licence from the said Department.
(4)
Any person who maliciously or negligently de-
stroys 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 fine, 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 archaeological interest.
(7)
-Authorization to excavate shall only be granted
to persons who show sufficient guarantees of
archaeological experience. The Administration of
Palestine shall not, in granting these authori-
zations, act in such a way as to exclude scholars
of any nation without good grounds.
(8)
The proceeds of excavations may be divided be-
tween the excavator and the competent Depart-
ment in a proportion fixed by that Department.
If division seems impossible for scientific reasons,
the excavator shall receive a fair indemnity in
lieu of a part of the find.
ARTICLE 22
English, Arabic and Hebrew shall be the official
languages of Palestine. Any statement or inscrip-
tion 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 recognise
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 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 Na-
tions, 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 anv dispute what-
ever should arise between the Mandatory and
another member of the League of Nations relating
to the interpretation or the application of the pro-
visions of the mandate, such dispute, if it cannot
be settled by negotiation, shall be submitted to
the Permanent Court of International Justice pro-
vided 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 Coun-
cil of the League of Nations shall make such ar-
rangements as may be deemed necessary for safe-
guarding 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 obliga-
tions 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 Na-
tions, 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 24th day of July, 1922.
IMPORTANT NOTES:
1. Note to prefatory statement: The Mandate incor-
porates and gives legal effect to the Balfour Declara-
tion which refers inter-alia to "Jewish Zionist aspira-
tions" and' "Jewish National Homeland."
2. Note to Article 15: The Anglo-American Treaty of
1924, entered into between England and the United
States, specifically includes provision for the protection
of nationals of the United States.
3. Note to Article 25: The Anglo-American Treaty of
1924 expressly prohibits the Mandatory Power from
changing this article or any of the other articles of the
provisions of the Mandate without first obtaining the
consent of the United States thereto.
4. Note to Article 28: The Mandate, in specifically
providing for the civil and religious rights of the non-
Jewish communities, made provision for the anticipated
political and economic rights of the Jewish people who
would be in the majority atithe time the termination
of the Mandate is provided for in this article.
IMPORTANT: THE WORD ARAB DOES NOT
APPEAR EVEN ONCE IN THE ENTIRE
MANDATE.