• Donderdag, 19 Oktober 2017
  • 29 Tishri, 5778

Likoed Nederland

The British Mandate for Palestine

Donderdag, Oktober 14, 2010 / Last Modified: Zaterdag, Januari 7, 2012

San Remo Conference, April 24, 1920.

 

Confirmed by the Council of the League of Nations on July 24, 1922.

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should be responsible for putting into effect the declaration originally made on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 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 he
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 he 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.

ARTICLE14.

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.

ARTICLE16.

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 19.

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 navigation and
postal, telegraphic and wireless communication 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.

ARTICLE22.

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.

ARTICLE25.

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 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.

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 the twenty-fourth day of July, one thousand nine hundred and twenty-two.

-- Reacties gesloten.