Extract From: The Israel-Arab Reader, edited,
Walter
Laqueur, New York, Bantam Books, 1976, pps 34-42.
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originally
made on November 2nd, 1917, by the Government of His Britannic Majesty,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 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 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.
07/02/2003
A reader questioned the title of this page, so I
am adding the additional information that she sent me.
I
am going to type in below the relevant parts of the San Remo decision
in French and will give a translation. What you have now as the San
Remo decision is the mandate as approved by the League of Nations
council in 1922. You may as well leave it on your site. Just label as
the 1922 League of Nations mandate.
Eliyahu
[avril
1920]
Il
est
decide:
1.
D'accepter
les
termes
de l'article concernant les mandats au sujet de
la Palestine... a la condition qui soit insere dans le proces-verbal un
engagement de la part de la Puissance mandataire que ceci ne comprend
pas la renonciation aux droits dont les communautes non juives
jouissaient dans le passe...
Les
hautes
parties
contractantes
sont d'accord pour confier en application
des dispositions de l'article 22 l'administration de la Palestine, dans
les limites des frontieres qui auront ete etablies par les principales
Puissances alliees, a un mandataire qui sera choisi par les dites
Puissances.
Le
mandataire
sera
responsable de l'execution de la declaration faite
la premiere fois le 8 novembre 1917 par le gouvernement britannique et
acceptee par les autres Puissances alliees, pour la creation en
Palestine d'un foyer national pour le peuple juif. Il est entendu
neanmoins que rien ne sera fait qui puisse porter atteinte aux droits
civils et religieux des communautes non juives existantes en Palestine
ni aux droits et a la situation politique dont les Juifs jouissent en
d'autres pays.
....
Les
termes
des
mandats
au sujet des territoires susdits seront formules par
les principales Puissances alliees et soumis a l'approbation du conseil
de la Societe des Nations.
La
Turquie
s'engage
en
conformite avec les dispositions de l'article ...
d'accepter toutes les decisions qui pourront etre arretees a ce sujet.
TRANSLATION
It
has
been
decided:
1.
To
accept
the
terms of the article concerning the mandates on the
subject of Palestine... on the condition that a commitment
be inserted into the minutes on the part of the Mandatory power that
this will not comprise the renunciation of the rights that the
non-Jewish communities enjoyed in the past...
2....The high contracting parties are
agreed in entrusting, in application of the stipulations of Article 22,
the administration of Palestine, in the borders that will be
established by the Principal Allied Powers, to a mandatory which will
be chosen by the said Powers.
The
mandatory
will
be responsible for executing the declaration first
made on 8 November 1917 by the British government [THE BALFOUR
DECLARATION] and accepted by the other Allied Powers, for creating in
Palestine a national home for the Jewish people. It is understood
nevertheless that nothing will be done that might harm the civil and
religious rights [NOTE: THIS DOES NOT REFER TO NATIONAL RIGHTS] of the
non-Jewish communities existing in Palestine, nor the rights and the
political status that the Jews enjoy in other countries.
...
The
terms
of
the
mandates on the subject of the abovementioned territories
[PALESTINE, SYRIA, MESOPOTAMIA] will be formulated by the Principal
Allied Powers and submitted to the approval of the council of the
League of Nations.
Turkey
commits
itself,
in
conformity with the stipulations of Article... to
accept all the decisions that may be made on this subject.
[April
1920]
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