Palestine Mandate (June 1920 draft)

Draft Mandate for Palestine, 10 June 1920

Whereas by Article 95 of the Treaty of Peace with Turkey concluded at on it was provided that the Administration of Palestine, within such boundaries as should be determined by the Principal Allied Powers, should be entrusted to a mandatory to be selected by the said Powers; and

Whereas by the said article it was provided that the said mandatory should be responsible for putting into effect the declaration originally made on the 2nd November, 1917, by the British Government, and adopted by the other Allied Powers, in favour of the establishment in Palestine of a national home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.

1.

The boundaries of Palestine are defined as follows :— (Geographical description.) A Commission composed of five members, appointed by the British, French, Italian, Syrian and Palestinian Governments respectively, will be set up within fifteen days from the coming into force of the present mandate to trace on the spot the frontier line defined above.

2.

The Principal Allied Powers, considering that Great Britain should be the Power selected to conduct the administration of Palestine, and to secure the observance of the provisions of the present mandate, hereby confer upon Great Britain a mandate to that end, including the right to exercise as such mandatory all the powers inherent in the Government of a sovereign State, in so far as such powers shall be consistent with the control of the League of Nations, and save as they shall be limited by the terms of the present mandate. Great Britain hereby accepts the mandate thus conferred upon her.

3.

The mandatory shall be responsible for preserving the civil and religious rights of all existing communities in Palestine, and for placing the country under such political, administrative and economic conditions as will secure the development of self-governing institutions and the establishment of the Jewish National Home, without prejudice to the rights and political status enjoyed by Jews in any other country.

4.

The mandatory shall encourage the widest measure of self-government for localities consistent with the prevailing conditions.

5.

An appropriate Jewish agency shall be recognised as a public body with power to advise and co-operate with the Administration of Palestine in all economic, social and other matters affecting the establishment of the Jewish National Home and the interests of the Jewish population in Palestine, and, subject always to the control of fine Administration, to assist and take part in the development of the country. It shall have a preferential right, upon fair and equitable terms, to construct or operate public works, services and utilities, and to develop the natural resources of the country, in so far as these matters are not directly undertaken by the Administration. 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 utilised by it for the benefit of the country in a manner approved by His Britannic Majesty's Government.

The Zionist organisation shall be recognised as such agency. It shall take steps, in consultation with the mandatory, to secure the co-operation of all Jews who are willing to assist in the establishment of the Jewish National Home.

6.

The Administration of Palestine, while ensuring that the established rights of the native population are equitably safeguarded, shall facilitate Jewish immigration and close settlement by Jews on the land in co-operation with the Jewish agency referred to in article 5, and shall open for such settlement all State lands and waste lands not required for public purposes.

7.—

(i) Jews who, within seven years of the coming into force of the present treaty, become resident in Palestine — (a.) Will, after the expiration of twelve months from the date of their arrival, have the right to obtain Palestinian citizenship by application in accordance with such regulations as may be prescribed. (b.) Will, failing such application, become citizens of Palestine ipso facto on the expiration of a period of two years from the date of their arrival, unless within the said period of two years they declare before the competent local authority their desire not to become citizens of Palestine. The Administration of Palestine may permit such persons to remain in Palestine after the making of such declaration. Married women, and children under 18 years of age, whose husbands, parents or guardians, as the case may be, acquire Palestinian citizenship under this article will ipso facto acquire such citizenship, provided that they become resident in Palestine along with their husbands, parents or guardians, as the case may be; and provided, further, that such children will have the right within six months of their attaining the age of 18 to opt for their former nationality. The Administration of Palestine may permit such persons to remain in Palestine after exercising the right to opt. Jews who become citizens of Palestine under the above provisions will ipso facto lose their existing nationality. (ii.) The mandatory shall also be responsible for the enactment of a nationality law so framed as to facilitate the acquisition of Palestinian citizenship by Jews, other than those who acquire such citizenship under paragraph (i) of this article, who may become resident in Palestine.

8.

The immunities and privileges of foreigners, including the rights of consular jurisdiction and protection formerly established in the Ottoman dominions by the Capitulations and by usage, are abrogated in Palestine. The mandatory shall be responsible for seeing that the judicial system established in Palestine shall safeguard: (a) the interests of foreigners; (b) the law and (to the extent deemed expedient) the jurisdiction now existing in Palestine with regard to questions arising out of the religious beliefs of certain communities (such as the laws of Wakf and personal status). In particular, the mandatory agrees that the control and.administration of Wakf shall be exercised in accordance with religious law and the dispositions of the founders. In no event, however, shall the former limitations upon the right of the Ottoman Government to impose import duties in excess of a fixed percentage be revived in the territory under this mandate. In view of the abrogation of the regime of the Capitulations provided for above, the extradition treaties now in force between foreign Powers and the mandatory shall apply to Palestine.

9.

The Administration of Palestine shall have full power to reserve the development of the country for local and national interests, and shall provide for public ownership or effective public control of the natural resources of the country and of the public works, services and utilities established or to be established therein, shall safeguard the interests of the community against their exploitation, and shall limit private profit from their development to a reasonable return on the capital employed therein. The Administration shall introduce a land system appropriate to the needs of the country which shall, among other things, further the close settlement and intensive cultivation of the land and discourage its uneconomic use or non-use and prevent the evils of land speculation, of disposition in mortmain (inalienability) and of excessive holdings.

10.

The foreign relations of Palestine shall be conducted by the mandatory, and citizens of Palestine shall be entitled to the protection of the mandatory when outside the limits of Palestine. All States, members of the League of Nations, shall have the right to station consular officers in Palestine.

11.

All responsibility in connection with the Holy Places and religious buildings or sites of Palestine, including that of preserving existing rights, 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 will be responsible solely to the League of Nations in all matters connected therewith.

12.

In accordance with article of the Treaty of Peace with Turkey, 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. It will be the duty of this Commission to ensure that certain Holy Places, religious buildings or sites, regarded with special veneration by. the adherents of one particular religion, are entrusted to the permanent possession and control of suitable bodies representing the adherents of the religion concerned. The selection of the Holy Places, religious buildings or sites to be so transferred shall be made by the Commission, subject to the approval of the mandatory. In all cases dealt with under this article, however, the right and duty of the Administration to maintain order and' decorum in the places concerned shall not be affected and the buildings and sites will be subject to the provisions of such laws relating to public monuments as may be enacted in Palestine. The rights of possession and control conferred under this article are guaranteed by the League of Nations and shall never be subject to any diminution or modification whatsoever, unless by the consent of a majority of the Council of the League of Nations.

13.

No person shall he excluded from Palestine on the sole ground of his religious belief. Freedom of conscience and religious toleration, including the exercise of all forms of worship, shall be allowed, subject only to the maintenance of public order and morals, to all inhabitants of Palestine, and no discrimination of any kind shall be made between any citizens of Palestine on the ground of race or faith. No civil or political right of any citizen of Palestine shall be conditional upon, nor shall its exercise be affected by, any consideration of race or faith or a change of faith; provided that this shall not prevent the selection of official representatives of races or faiths, or forbid the definition of the franchise for their selection on the basis of race or faith.

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.

14.

The organisation of religious communities as millets, where they exist already, shall be maintained by the mandatory where not inconsistent: with the execution of the mandate.

15.

Religious and eleemosynary bodies of all faiths will be allowed, subject to-local laws, to erect such buildings and to acquire and hold such property as jnay be necessary for the conduct of their religious, educational and eleemosynary work. Representatives or members of such bodies, who are nationals of members of the League of Nations, shall be allowed freely to travel and reside, with a view to carrying on their religious or eleemosynary work, and to maintain their schools and institutions, subject only to the requirements of public order, and there shall be no discrimination against such schools and institutions as compared with other establishments providing similar standards of education, it being understood that such schools and institutions shall not have the right to be assisted from public funds. Nevertheless, the Administration of Palestine shall have the right to exercise such control as may be necessary for the maintenance of public order and good government, and to take all measures required for such control.

16.

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, who shall be responsible for seeing that they are not used for purposes other than those above specified, and that, except for such purposes, no military, naval, or air forces shall be raised or maintained by the Administration of Palestine. The forces jwhich the mandatory may station in Palestine shall be for the maintenance of internal order and the defence of the country. Nothing in this article shall preclude the Administration of Palestine from contributing to the cost of the maintenance of the mandatory forces in Palestine after preliminary agreement on the amount of these costs.

17.

Subject to the provisions of articles 3, 5 and 9, the commerce and navigation of all States members of the League of Nations while engaged in lawful enterprises shall enjoy equal treatment in Palestine. No attempt shall be made by the mandatory to obtain in Palestine for the commerce or navigation of British subjects treatment more favourable than that which is accorded to the commerce and navigation of other nations.

18.

The mandatory shall secure the observance, so far as local conditions permit,, of all international conventions dealing with matters referred to in article 23 of the Covenant of the League of Nations.

19.

English, Hebrew and Arabic shall be the official languages of Palestine, and shall be employed on inter alia the stamps and money of Palestine.

20.

The Administration of Palestine shall recognise the holy days of the respective communities of the inhabitants of Palestine as legal days of rest for the members of such communities.

21.

The mandatory shall address to the Council of the League of Nations an annual report as to the measures taken during the year to carry out the provisions of the mandate, containing complete information as to the measures taken to apply the provisions of this mandate. Copies of all laws and regulations promulgated or issued during the year shall be communicated with the report.

22.

The Administration of Palestine shall co-operate, so far as religious and other local conditions permit, in the execution of any common policy adopted by the League of Nations for preventing and combating disease, including diseases of animals and plants.

23.

The mandatory undertakes to secure for the enactment, within twelve months from the date of this mandate, the publication of a decree, and thereafter the execution of a Law of Antiquities, based on the contents of article of Chapter XIII of the Turkish Treaty. This law shall replace the former Ottoman Law of Antiquities, and shall ensure equality of treatment in the matter of archaeological research to all States members of the League of Nations.

24.

Without prejudice to the principles embodied in the preamble to the present mandate, changes in its provisions may be made with the consent of the Council of the League of Nations, and it shall be the duty of the Council to advise the reconsideration of the present mandate, should its terms, in the opinion of the Council, have become inapplicable to existing conditions.