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The Mandate
for Palestine
24 July 1922
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the declaration originally made on November 2nd, 1917, by the Government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 connection 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 afore-mentioned 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 recognised as a public body for
the purpose of advising and co-operating 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 organisation, so long as its organisation
and constitution are in the opinion of the Mandatory appropriate, shall
be recognised as such agency. It shall take steps in consultation with
His Britannic Majestys 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
afore-mentioned 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 wen 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 Wakfs 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 utilised 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 connection
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 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
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 f 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 nations of all States Members of the League of Nations.
- Antiquity means any construction
or any product of human activity earlier than the year A.D. 1700.
- 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 authorisation referred to
in paragraph 5, reports the same to an official of the competent Department,
shall be rewarded according to the value of the discovery.
- 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.
- Any person who maliciously or negligently
destroys or damages an antiquity shall be liable to a penalty to be
fixed.
- No clearing of ground or digging with the
object of finding antiquities shall be permitted, under penalty of fine,
except to persons authorised by the competent Department.
- Equitable terms shall be fixed for expropriation,
temporary or permanent, of lands which might be of historical or archaeological
interest.
- Authorisation to excavate shall only be
granted to persons who show sufficient guarantees of archaeological
experience. The Administration of Palestine shall not, in granting these
authorisations, act in such a way as to exclude scholars of any nation
without good grounds.
- The proceeds of excavations may be divided
between the excavator and the competent Department 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 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
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 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.
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