The
British Mandate For Palestine
San
Remo Conference, April 24, 1920
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Confirmed
by the Council of the League of Nations on July 24, 1922
Came
into operation in September 1923.
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"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responsible for putting into effect the declaration originally made on November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.
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 theAdministration 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.
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 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 AT LONDON the twenty-fourth day of July, one thousand nine hundred and twenty-two."