Papers Relating to the Foreign Relations of the United States, 1921, Volume I
890d.01/30
The Ambassador in France (Wallace) to the Secretary of State
[Received January 20.]
Sir: Referring to your telegram No. 1698, of December 14th, 4 P.M.,12 instructing me to endeavor to secure the draft terms of the Syrian Mandate of which a complete draft, according to information furnished the Department by the American Consul at Beirut, was in the possession of the French Government, I have the honor to enclose herewith a copy of the Note dated December 1, 1920, from Monsieur Jean Gout, Chief of the French section of the League of Nations, to Sir Eric Drummond, Secretary General of the League, [Page 99] together with a copy of the enclosure to his letter being the text of the mandate which the French Government has accepted over Syria and Lebanon. …
. . . . . . . . . . . . . .
I have [etc.]
The Chief of the French Section of the League of Nations (Gout) to the Secretary General of the League (Drummond)
Sir: In accordance with instructions from my Government, I have the honour to communicate to you the enclosed text of the mandate which the French Republic has accepted for Syria and Lebanon, and I beg you to deposit it with the Bureau of the Council of the League of Nations.
In conformity with the spirit of Article 22 of the Covenant of the League of Nations, the Government of the French Republic has prepared this text after an exchange of views and in complete agreement with His Britannic Majesty’s Government. The French Government ventures to hope that the Council after examining this mandate will consider it to be drawn up in conformity with the principles laid down in Article 22 of the Covenant, and will give it its approval.
I would add that, in the interests of the populations of Syria and Lebanon themselves, and with a view to ensuring to them as soon as possible the benefits of a government based on the terms of the Covenant, the Government of the Republic ventures to call the attention of the Council to the advantage of putting an end to the present temporary regime.
I have [etc.]
Draft Mandate for Syria and the Lebanon
Whereas, by Article 132 of the Treaty of Peace with Turkey, signed at Sevres on August 10th, 1920, Turkey has renounced in favour of the Principal Allied Powers all her rights and titles to the territories of the former Ottoman Empire situated to the south of the southern frontier of Turkey as fixed in this Treaty:
And whereas, by Article 94 of this Treaty, the High Contracting Parties have agreed that, in accordance with the terms of Article XXII, paragraph 4 of the Covenant of the League of Nations, that [Page 100] part of the above-mentioned territories known as Syria be constituted an independent State, the administration of which shall be assisted by the advice and help of a Mandatory Power, until this State is in a position to govern itself:
And whereas the Principal Allied Powers have decided that the Mandate for these territories comprising Syria and Lebanon should be conferred on the Government of the French Republic, which has accepted it:
And whereas the terms of this Mandate, which are also defined in the Articles below, have been accepted by the Government of the French Republic:
And whereas the Government of the French Republic undertakes to exercise this Mandate on behalf of the League of Nations, in accordance with the above Articles:
The Council of the League of Nations approves the following Terms of the Mandate for Syria and Lebanon:
Article I
The Mandatory shall, within a period of three years from the coming-into-force of this Mandate, draw up an organic law for Syria and Lebanon. This organic law shall be prepared in agreement with the native authorities and shall take into consideration the rights, interests and desires of all the peoples inhabiting the mandated territory. The Mandatory shall further enact measures to facilitate the progressive development of Syria and Lebanon as independent States. Pending the coming into force of the organic law, the government of Syria and Lebanon shall be carried on in accordance with the spirit of this Mandate.
The Mandatory Power, shall, as far as circumstances permit, encourage local autonomy.
Article II
The Mandatory shall be empowered to maintain its troops in the mandated territories for the defence of the territory. It shall further be empowered, until such time as the organic law shall come into force and public security be restored, to organize such local militia as may be necessary for the defence of the territory, and to use this militia for defence and also for the maintenance of order. These local forces shall only be recruited from among the inhabitants of the mandated territory.
The militia shall be under local authorities, subject to the control which the Mandatory shall retain over these forces.
The Mandatory shall prevent the employment of the militia for other purposes than those mentioned above. Nothing shall prevent [Page 101] Syria and Lebanon from sharing the cost of maintaining the forces of the Mandatory stationed in their territory.
The Mandatory shall at all times possess the right to make use of the ports, railways and means of communication of Syria and Lebanon for the passage of its troops and of all materials, supplies and munitions.
Article III
The foreign relations of Syria and Lebanon, and the granting of exequaturs to the Consuls of foreign Powers shall be exclusively within the jurisdiction of the Mandatory. Nationals of Syria and Lebanon, living outside the limits of these territories shall be under the diplomatic and consular protection of the Mandatory.
Article IV
The Mandatory shall guarantee Syria and Lebanon against the loss or leasing of all or part of the territory, and against the establishment of any control on the part of a foreign Power.
Article V
Privileges and immunities granted to foreigners in Syria and Lebanon are expressly abolished, including consular jurisdiction and protection, as formerly practised in the Ottoman Empire in virtue of the Capitulations and of general custom.
At the same time, foreign consular tribunals shall continue to perform their duties until the coming into force of the new legal organisation provided for in Article VI.
Article VI
The Mandatory shall establish in Syria and Lebanon a legal system which shall assure to natives, as well as to foreigners, a complete guarantee of their rights.
Respect for the personal status of the various peoples and for their religious interests shall be fully guaranteed. In Particular, the Mandatory shall control the administration of the Wakufs, in complete accordance with the religious laws and the wishes of the founders.
Article VII
Pending the conclusion of special extradition agreements, the extradition treaties at present in force between the various Powers and the Mandatory shall be carried out within the territories of Syria and Lebanon.
[Page 102]Article VIII
The Mandatory shall guarantee to all persons entire liberty of conscience and also the free exercise of all forms of worship which are compatible with public order and good morals. It will be the duty of the Mandatory to see that the extradition treaties in force between foreign Powers and the Mandatory are observed in the territories of Syria and Lebanon. There shall be no inequality of treatment between the inhabitants of Syria and Lebanon arising from differences in race, religion or language.
The Mandatory shall encourage such public instruction, in the native languages, as is customary in the territories of Syria and Lebanon.
The right of communities to keep their own schools for the instruction and education of their members in their own language shall not be infringed, provided that they conform to the general regulations for Public Instruction published by the Administration.
Article IX
The Mandatory shall refrain from all interference in the administration of “conseils de fabrique” or in the management of religious communities and sacred places belonging to the various religions, the immunity of which has been expressly guaranteed.
Article X
The control exercised by the Mandatory over the religious missions in Syria and Lebanon shall be limited to the maintenance of public order and sound administration; the activities of these religious missions shall in no way be restricted, nor shall their members be subjected to any restrictive measures on the ground of nationality, provided that their activities are confined to the domain of religion.
Article XI
The Mandatory shall not act in any way which in Syria or Lebanon might place the nationals (including Societies and Associations) of a State Member of the League of Nations in a position of inferiority either as compared with its own nationals (including Societies and Associations) or with the nationals of any other foreign State, both in respect of fiscal or commercial matters and also from the point of view of the exercise of professions or industries, and of navigation and the treatment granted to ships and aircraft. In the same way, no differential treatment shall be accorded in Syria or the Lebanon [Page 103] to goods coming from or intended for any of these States; there shall be freedom of transit, under equitable conditions, across the mandated territory.
Apart from these stipulations, the Mandatory may introduce or cause to be introduced by the local authorities, all necessary taxes and customs dues. Under the same conditions, it may take, or cause to be taken, all necessary steps to assure the development of the national resources in the mandated territory and to safeguard the interests of the local population.
The above regulation shall not affect the right of the Mandatory, or of the local authority acting under its orders, to conclude, on grounds of contiguity, any special customs agreements with an adjoining country.
Article XII
The Mandatory shall, as regards Syria and Lebanon, adhere to such general international agreements as have been or may be concluded with the approval of the League of Nations, especially in respect of the following: slave traffic, trade in narcotics, traffic in arms and munitions, commercial equality, freedom of transit and navigation, aerial navigation, railways, postal, telegraphic or wireless communications, and measures for the protection of Literature, Art and Industries.
Article XIII
As far as social, religious and other conditions permit, the Mandatory shall assure the adhesion of Syria and Lebanon to such measures of common utility as the League of Nations may adopt for preventing or combating disease, including animal and plant diseases.
Article XIV
In the year following the coming into force of this Mandate, the Mandatory shall draw up and put into force a Law dealing with Antiquities, in accordance with the terms of Article 421 of the Treaty of Peace concluded between the Allied Powers and Turkey. This Law shall assure equal treatment as regards excavations and archaeological research to all States Members of the League of Nations.
Article XV
As soon as the organic law referred to in Article I shall have come into force, the Mandatory shall come to an agreement with the local authorities on the subject of its reimbursement by the latter [Page 104] for all expenses incurred by the Mandatory in organising the administration, developing local resources, and carrying out permanent public works the benefit of which the country would retain. This agreement shall be communicated to the Council of the League of Nations.
Article XVI
Arabic and French shall be the official languages of Syria and Lebanon.
Article XVII
The Mandatory shall make to the Council of the League of Nations an annual report as to the measures taken during the year for the application of the present mandate.
The text of all laws and regulations promulgated during the year shall be attached to the report.
Article XVIII
The consent of the Council of the League of Nations shall be necessary for any modification in the terms of this Mandate. The consent of the majority of the Council of the League shall be required for any modification proposed by the Mandatory.
Article XIX
In case any difference of opinion should arise between the Members of the League of Nations regarding the interpretation or application of the Articles of this Mandate, the question shall be submitted to the Permanent Court of International Justice provided for in Article XIV of the Covenant of the League of Nations.
Done at Geneva, on . . . . . . . in one original, which shall be deposited in the archives of the Secretariat General of the League of Nations. Certified copies shall be sent by the Secretary General of the League of Nations to all Powers signatory to the Treaty of Peace with Turkey.
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